Evaluation of the H-1B Demonstration Grant

EVALUATION OF THE H-1B DEMONSTRATION GRANT

[ X ] Request for Proposal, [ ] Invitation for Bid. Proposals/Bids must be received by the Government no later than the local time on the Due Date stated in the table below. Potential offerors/bidders are asked to complete and submit a proposal/bid intent form. See Section L (Section C if SF 1449 is used) for proposal/bid instructions. ALL AMENDMENTS TO THIS SOLICITATION WILL BE MADE AVAILABLE THROUGH GOVERNMENT HOMEPAGE AT www.doleta.gov/sga/rfp.cfm. IT IS THE OFFEROR'S RESPONSIBILITY TO CHECK THIS SITE PERIODICALLY FOR OFFICIAL UPDATES/AMENDMENTS TO THE SOLICITATION.

Solicitation Number	RFP-DCS-01-10
Issue Date:	January 31, 2001
Due Date:	03/02/2001
Time:	2:00 p.m.
Program Office:	OPR
Contracting Officer:	Keith A. Bond
Contract Point: Phone: Fax: E-Mail:	Chari A. Magruder 202-693-3313 202-693-3846 cmagruder@doleta.gov
Set Aside:

PERTINENT TECHNICAL SECTIONS OF SOLICITATION

Offerors are encouraged to read the entire Solicitation by scrolling downward. The Solicitation includes all pertinent technical sections imbedded in the document as well as the terms, conditions and instructions required for submitting a proposal. For your convenience, the pertinent technical sections of the Solicitation have also been linked directly below in (WordProcessing format and Adobe PDF format):

Sections B, C, L, and M

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SOLICITATION, OFFER AND AWARD

1. THIS CONTRACT IS A RATED ORDER

    UNDER DPAS (15 CFR 700)

RATING

N/A

PAGE OF PAGES

1 | 92

2. CONTRACT NUMBER

3. SOLICITATION NUMBER

RFP-DCS-01-10

4. TYPE OF SOLICITATION

SEALED BID (IFB)

X
NEGOTIATED (RFP)

5. DATE ISSUED

January 31, 2001

6. REQUISITION/PURCHASE NUMBER

01-393

cam

7. ISSUED BY CODE

U.S. Department of Labor, ETA/OGCM

Division of Contract Services

200 Constitution Avenue, NW

Room C-4310

Washington DC 20210

8. ADDRESS OFFER TO (If other than Item 7)

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

SOLICITATION

9. Sealed offers in original and See L.6 copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 6, or if hand carried, in the depository located in Item 7 until 2:00 p.m. (Hour) local time 03/02/2001 (Date) .

CAUTION - LATE Submissions, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All Offers are subject to all terms and conditions contained in this solicitation.

10. FOR INFORMATION CALL:

A. NAME

Chari A. Magruder

B. TELEPHONE (NO COLLECT CALLS)

C. E-MAIL ADDRESS

cmagruder@doleta.gov

AREA CODE |
NUMBER
|
EXT.

11. TABLE OF CONTENTS See Attached Table of Contents

(X) SEC. DESCRIPTION PAGE(S) (X) SEC. DESCRIPTION PAGE(S)

PART I - THE SCHEDULE

PART II - CONTRACT CLAUSES

A SOLICITATION/CONTRACT FORM
I
CONTRACT CLAUSES

B SUPPLIES OR SERVICES AND PRICES/COSTS
PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.

C DESCRIPTION/SPECS./WORK STATEMENT
J
LIST OF ATTACHMENTS

D PACKAGING AND MARKING PART IV - REPRESENTATIONS AND INSTRUCTIONS

E INSPECTION AND ACCEPTANCE K REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS

F DELIVERIES OR PERFORMANCE

G CONTRACT ADMINISTRATION DATA L INSTR., CONDS., AND NOTICES TO OFFERORS

H SPECIAL CONTRACT REQUIREMENTS M EVALUATION FACTORS FOR AWARD

OFFER (Must be fully completed by offeror)

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum bid Acceptance Period.

12. In compliance with the above, the undersigned agrees, if this offer is accepted within 120 calendar days (60 calendar days unless a different period is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

13. DISCOUNT FOR PROMPT PAYMENT

(See Section I, Clause no. 52.232-8)

10 CALENDAR DAYS (%)

20 CALENDAR DAYS (%)

30 CALENDAR DAYS (%)

CALENDAR DAYS (%)

14. ACKNOWLEDGEMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the SOLICITATION for offerors and related documents numbered and dated:
AMENDMENT NO. DATE AMENDMENT NO. DATE

15A. NAME AND ADDRESS OF OFFEROR

CODE

FACILITY

16. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER

(Type or print)

15B. TELEPHONE NUMBER

15C. CHECK IF REMITTANCE ADDRESS IS DIFFERENT FROM ABOVE - ENTER SUCH ADDRESS IN SCHEDULE

17. SIGNATURE

18. OFFER DATE

AREA CODE |
NUMBER
| EXT.

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED

20. AMOUNT

21. ACCOUNTING AND APPROPRIATION

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:

10 U.S.C. 2304(a) ( )

41 U.S.C. 252(c) ( )

23. SUBMIT INVOICES TO ADDRESS SHOWN IN

      (4 copies unless otherwise specified)

ITEM

24. ADMINISTERED BY (If other than Item 7) CODE

U.S. Department of Labor, ETA

200 Constitution Avenue, NW

Room

Washington DC 20210

25. PAYMENT WILL BE MADE BY CODE

U.S. Department of Labor, ETA/OC

Division of Accounting

200 Constitution Avenue, NW

Room N-4702

Washington DC 20210

26. NAME OF CONTRACTING OFFICER (Type or print)

27. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

28. AWARD DATE

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized written notice.

STANDARD FORM 33 (REV. 9-97)

Back to Table of Contents TABLE OF CONTENTS PAGE 52.227-14 RIGHTS IN DATA--GENERAL JUN 1987. . I-2 52.228-7 INSURANCE--LIABILITY TO THIRD PERSONS MAR 1996. . I-2 52.232-17 INTEREST JUN 1996. . I-2 52.232-22 LIMITATION OF FUNDS APR 1984. . I-2 52.232-23 ASSIGNMENT OF CLAIMS JAN 1986. . I-2 52.232-33 PAYMENT BY ELECTRONIC FUNDS--CENTRAL MAY 1999. . I-2 CONTRACTOR REGISTRATION 52.233-1 DISPUTES DEC 1998. . I-2 ALTERNATE I (DEC 1991) 52.233-3 PROTEST AFTER AWARD AUG 1996. . I-2 ALTERNATE I (JUN 1985) 52.242-1 NOTICE OF INTENT TO DISALLOW COSTS APR 1984. . I-2 52.242-3 PENALTIES FOR UNALLOWABLE COSTS OCT 1995. . I-2 52.242-4 CERTIFICATION OF FINAL INDIRECT COSTS JAN 1997. . I-2 52.242-13 BANKRUPTCY JUL 1995. . I-2 52.243-2 CHANGES--COST REIMBURSEMENT AUG 1987. . I-2 ALTERNATE V (APR 1984) 52.244-2 SUBCONTRACTS AUG 1998. . I-2 ALTERNATE II (AUG 1998) 52.244-5 COMPETITION IN SUBCONTRACTING DEC 1996. . I-2 52.246-23 LIMITATION OF LIABILITY FEB 1997. . I-2 52.246-25 LIMITATION OF LIABILITY--SERVICES FEB 1997. . I-2 52.249-6 TERMINATION (COST-REIMBURSEMENT) SEP 1996. . I-2 52.249-14 EXCUSABLE DELAYS APR 1984. . I-2 52.253-1 COMPUTER GENERATED FORMS JAN 1991. . I-2 I.2 52.243-7 NOTIFICATION OF CHANGES (APR 1984) . . . . . . . . . I-2 I.3 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) . . . . I-5 I.4 52.232-25 PROMPT PAYMENT (JUN 1997) . . . . . . . . . . . . . I-5 I.5 52.219-14 LIMITATIONS ON SUBCONTRACTING (DEC 1996). . . . . . I-10 PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS . . . . . . J-1 SECTION J - LIST OF ATTACHMENTS. . . . . . . . . . . . . . . . . . . . . J-1 J.1 CONTRACT PRICING PROPOSAL COVER SHEET, SF 1411, (1 PAGE) . . . J-1 J.2 COST AND PRICE ANALYSIS, ETA 8555, (8 PAGES) . . . . . . . J-1 J.3 STATEMENT OF FINANCIAL CAPABILITY, ETA 8554, (2 PAGES). . . . J-1 J.4 COST CONTRACTOR'S INVOICE, ETA 3100-1 (1 PAGE). . . . . . . . J-1 J.5 COST CONTRACTOR'S DETAILED STATEMENT OF COST, ETA 3-2 . . . . J-1 J.6 VETS-100 - FEDERAL CONTRACTOR VETERANS EMPLOYMENT REPORT,. . . J-1 J.7 PAST PERFORMANCE REFERENCE INFORMATION (2 PAGES) . . . . . . . J-1 J.8 PAST PERFORMANCE EVALUATION QUESTIONNAIRE (2 PAGES) . . . . . J-1 J.9 ORAL PRESENTATION EVALUATION QUESTIONNAIRE (2 PAGES) . . . . . J-1 PART IV - REPRESENTATIONS AND INSTRUCTIONS . . . . . . . . . . . . . . K-1 SECTION K - REPRESENTATIONS, CERTIFICATIONS AND . . . . . . . . . . . . K-1 OTHER STATEMENTS OF OFFERORS K.1 NOTICE LISTING SOLICITATION PROVISIONS INCORPORATED . . . . . . K-1 BY REFERENCE 52.203-11 CERTIFICATION AND DISCLOSURE REGARDING APR 1991. . K-1 PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS K.2 52.209-5 CERTIFICATION REGARDING DEBARMENT, SUSPENSION,. . . . K-1 PROPOSED DEBARMENT, AND OTHER RESPONSIBILITY MATTERS (MAR 1996)

Back to Table of Contents A-7 RFP-DCS-01-10 Section B PART I - THE SCHEDULE SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS SERVICES ORDERED Title: "Evaluation of the H-1B Demonstration Grant" The U.S. Department of Labor's Employment and Training Administration (ETA) is soliciting proposals for the conduct of a process evaluation of the H-1B Technical Skill Training Grants. The study will assess the experiences of grantees in training both unemployed and employed workers in acquiring the requisite skills in occupations that are in high demand, particularly in industries such as information technology and health. The contractor will investigate and report to a wide audience the progress that the H-1B grantees are making in successfully training and placing into employment participants in occupational areas which qualify under H-1B provisions. The study's findings will be used by ETA, agency overseers and the wider workforce development system to enhance training and employment efforts in skill shortage areas. Solicitation No. is RFP-DCS-01-10. Period of Performance is thirty-six (36) months from the date of contract execution by the government. This solicitation is a 100% Small Business Set-Aside. The North American Industry Classification System Code is 541990, with a $5 million size standard. A cost reimbursement type contract is contemplated for this requirement. Closing time and date are March 2, 2001, at 2:00 p.m. local time. REQUESTS FOR CLARIFICATION (RFC) MUST BE RECEIVED NO LATER THAN 5:00 PM LOCAL TIME FEBRUARY 12, 2001. Only electronic submission of requests will be accepted. They shall be submitted to Ms. Chari A. Magruder at http://www.cmagruder@doleta.gov. Should any RFC be received after the date stated above, the Government reserves the right not to provide an answer. If, however, the Government determines that the RFC raises an issue of significant B-1

Back to Table of Contents RFP-DCS-01-10 Section B importance, the government will respond electronically. The Government will not provide any information concerning requests for clarifications in response to telephone calls from offerors. All requests will be answered electronically and will be available to all offerors at the DOLETA Internet site (http://www.doleta.gov/sga/rfp.cfm). B-2 RFP-DCS-01-10 Section C SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK C.1 PURPOSE The U.S. Department of Labor's Employment and Training Administration (ETA) is soliciting proposals for the conduct of a process evaluation of the H-1B Technical Skill Training Grants. The study will assess the experiences of grantees in training both unemployed and employed workers in acquiring the requisite skills in occupations that are in high demand, particularly in industries such as information technology and health. The contractor will investigate and report to a wide audience the progress that the H-1B grantees are making in successfully training and placing into employment participants in occupational areas which qualify under H-1B provisions. The study's findings will be used by ETA, agency overseers and the wider workforce development system to enhance training and employment efforts in skill shortage areas. C.2 BACKGROUND During the 1980s, there were extensive Congressional hearings featuring testimony from industry representatives that were experiencing skill shortages most notably in information technology occupations. In response to these demands, the Immigration Act of 1990 included a section establishing an H-1B visa category and permitting up to 65,000 of these visas to be issued each year; this H-1B visa was established for foreign non immigrants who sought to work in high skill or specialty occupations. These occupations require theoretical and practical application of a body of highly specialized knowledge and sometimes may even require full state licensure to practice in the occupation. These occupations require at least a bachelor's degree or higher, and/or experience in the specific specialty. They may also require recognition of expertise in the specialty through progressively responsible positions relative to the specialty. In the 1990s, it was demonstrated that demand for workers in the specialty occupations was much higher than the 65,000 cap that the 1990 Immigration Act imposed. Therefore, in an effort to help employers access skilled foreign workers and compete internationally, Congress enacted the American Competitiveness and Workforce Investment Act of 1998 (ACWIA 1998)in October 1998. ACWIA 1998 increased the limit temporarily (to 115,000 for each of the C-1

Back to Table of Contents RFP-DCS-01-10 Section C first two years and to 107,500 for the third year). In addition, as part of this law, a $500 user fee was imposed on H-1B applications. The Act authorized the use of 56.3% of the user fees to finance the H-1B Technical Skill Training Grant Program. Grants funded under the Act have the longer term goal of raising the skill levels of domestic workers in order to fill specialty occupations presently being filled by temporary workers admitted to the United States under the provisions of the H-1B visa. ACWIA 1998 describes eligible grant applicants as local workforce investment boards (LWIBs) or a consortia of local boards. Current grantees are LWIBs, as established under section 117 of the Workforce Investment Act (WIA), that have proposed to carry out specifically designed skill training programs or projects for employed and unemployed workers through one-stop delivery systems or a regional consortia of local boards as established under section 121 of WIA. Regional consortia may be interstate. On October 17, 2000, the American Competitiveness in the Twenty-first Century Act of 2000 (ACWIA 2000) was enacted, increasing the number of specialty occupation visas to 195,000 in each of the three subsequent years (2001, 2002, and 2003). Separate legislation raised the employer H-1B application fee from $500 to $1,000. ACWIA 2000 authorizes the use of 55% of the funds generated by fees to continue to finance critical training under the Department of Labor's (DOL) H-1B Technical Skill Training Grant Program. Like ACWIA 1998, it is designed to assist American workers in acquiring the requisite skills in occupations that are in demand, such as information technology and healthcare. Under ACWIA 2000, LWIBs are eligible to receive 75% of these funds. These grants provide funds to a consortia of business, labor, community-based organizations, and LWIBs. Each partnership must consist of one business or business related non-profit, such as a trade association. The remaining 25% will be awarded to eligible partnerships that consist of at least two businesses or a business-related nonprofit organization that represents more than one business. This may include any educational, labor, community organization, or LWIB, but funds may be used only to perform a strategy otherwise not eligible for funds in the 75% clause due to partnership eligibility criteria barriers. The Act also mandates an equitable rural and urban mix in making awards. ACWIA 2000 clarifies that technical skills training is not limited to skill levels commensurate with 4-year undergraduate degrees. Training can include the preparation of workers for a broad range of positions along a career ladder. The H-1B grant initiatives build on similar ETA initiatives that address the issue of skill shortages including: the June 1998 dislocated worker technology demonstration; the new dislocated worker technology demonstration; the regional skills consortium building awards announced in March 2000; the individual training account demonstration grant awards announced in February 2000; and, the skills strategies partnership training/system building demonstration awards C-2

Back to Table of Contents RFP-DCS-01-10 Section C which were announced in June 2000. These efforts were intended to strengthen linkages between employers experiencing skill shortages in specific occupations and the publicly funded workforce development system. This solicitation is to evaluate the experience gained from the DOL H-1B demonstration grant awards. In the first round, a total of 9 H-1B grant awards totaling $12.4 million were announced on February 10, 2000. A second round of 12 H-1B grants totaling $29.2 million were announced on July 19, 2000. On October 20, 2000, a third round of H-1B demonstration grants was awarded to 22 grantees totaling $54 million. More information about the H-1B grant rounds is available on the ETA website at www.doleta.gov. Subsequent grant awards will be made in the future, based on continuing and increasing employer user fees. C.3 STUDY OBJECTIVES The primary objectives of the evaluation will be to: 1. Describe grantees' implementation activities including service strategies and delivery systems, accountability, fiscal and grant administration and interagency and employer cooperation and coordination, including the role of LWIBs or consortia in H-1B grantee planning and policy activities. 2. Highlight how grantees have innovated to develop effective tools and approaches for serving both H-1B participants and employers and how such innovative practices have been implemented. 3. Examine the extent to which projects have established linkages with other WIA programs, the One-Stop system, other service providers, the local business, academic, and labor communities, and targeted employers to better serve the local economy in addressing occupational shortage needs. Also determine whether grantees have developed partnership sustainability after grant termination, and how this is intended to occur. This should include examination of the role(s) matching funds play in such linkages. 4. Describe whether grantees have emphasized technical skills training targeted on employed and unemployed workers who can be trained and placed directly into high skilled H-1B occupations. As part of identifying people with the appropriate backgrounds that would benefit from such training, examine grantees' special outreach efforts to target women, minorities, persons with disabilities, and other underrepresented groups. 5. Describe to what extent participants achieved increased skill levels resulting in degrees, licensures, certifications, or occupational/wage upgrades above the bachelor's degree or equivalent experience as part of grant activities. And whether other entry level positions filled within these occupational areas lead to higher skilled C-3

Back to Table of Contents RFP-DCS-01-10 Section C positions. 6. Describe measures of overall outcomes and cost effectiveness which are demonstrated by using objective criteria for both quantitative and qualitative outcomes. Criteria should demonstrate whether skill gap shortages in the grantee's area have been impacted. Also to be measured is the relative cost effectiveness of grantees as to outcomes achieved. The contractor should make use of uniform grantee outcome data collected by DOL. 7. Examine the feasibility of conducting a study of H-1B's net impact on the employment-related outcomes of trainees. Such a study, if undertaken by ETA would be based on random assignment. Feasibility of a net impact study would be examined in terms of the sample size necessary to measure impacts relative to the size of typical H-1B projects, the number of persons eligible for training relative to the number of available slots, whether there are one or more distinct approaches to training being used by H-1B projects and other factors. 8. Contrast the grantees by relevant characteristics including those funded under ACWIA 1998 compared to ACWIA 2000, whether funded under the 75% provided to consortia of business, labor, CBOs and LWIBs or the 25% of funds available for partnerships of two businesses or business-related nonprofit organizations, and other characteristics suggested by the contractor or ETA. 9. Document significant problems and issues concerning implementation and sustainability of H-1B grants, including gauging the degree to which applicable regulations or common practice contribute to or restrict effective implementation. C.4 TASKS The Contractor will perform the following tasks: 1. Study Design. The contractor will formulate an appropriate study design which includes: (a) An overall plan for documenting grantee progress and a list of study questions and hypotheses that the evaluation will examine. (b) Descriptions of procedures for site visits and the mail survey. (c) A plan for sampling grantees for site visits. (d) Draft data collection instruments including protocols for site visits and a mail survey questionnaire. (e) A proposed schedule of study tasks with time lines. [The design work will be completed during the initial phase of the contract. However, DOL may require minor adjustments to the study design as the study progresses.] C-4

Back to Table of Contents RFP-DCS-01-10 Section C 2. Site Visits - The contractor will conduct site visits to a sample of grantees to gain in-depth information through unstructured interviews with program staff and partners. The sample will include a cross section of grantees geographically, by occupation and whether funded under ACWIA 1998 or ACWIA 2000. The contractor will have responsibility for working with DOL National Office and DOL Regions regarding site visits. 3. Mail Survey. The contractor will conduct a mail survey of all grantees to determine program progress and areas of difficulty. The contractor will design the questionnaire, prepare the necessary request for approval by the Office of Management and Budget (OMB), assist ETA in obtaining such clearance, and administer the survey. 4. Administrative Data Collection. The data collection strategy must avoid imposing a substantial burden on local planners and operators. Therefore, maximum use should be made of administrative and other already available grantee data. The contractor will be responsible for determining the availability of such data and collecting the data from the grantees. 5. Analysis and Reporting. The contractor will need to perform various types of quantitative and qualitative analyses of information/data gathered from the mail survey, field work and other sources. (See section F.3 for descriptions of the reports to be produced under the contract.) C.5 SPECIAL REQUIREMENTS The key personnel positions are the Project Director and Co-Principal Investigator. Both are required to commit at least a 20% time commitment. C-5 RFP-DCS-01-10 Section D SECTION D - PACKAGING AND MARKING [For this Solicitation, there are NO clauses in this Section] D-1 RFP-DCS-01-10 Section E SECTION E - INSPECTION AND ACCEPTANCE E.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE The following contract clauses pertinent to this section are hereby incorporated by reference (by Citation Number, Title, and Date) in accordance with the clause at FAR "52.252-2 CLAUSES INCORPORATED BY REFERENCE" in Section I of this contract. See FAR 52.252-2 for an internet address (if specified) for electronic access to the full text of a clause. NUMBER TITLE DATE 52.246-9 INSPECTION OF RESEARCH AND DEVELOPMENT APR 1984 (SHORT FORM) E-1 RFP-DCS-01-10 Section F SECTION F - DELIVERIES OR PERFORMANCE F.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE The following contract clauses pertinent to this section are hereby incorporated by reference (by Citation Number, Title, and Date) in accordance with the clause at FAR "52.252-2 CLAUSES INCORPORATED BY REFERENCE" in Section I of this contract. See FAR 52.252-2 for an internet address (if specified) for electronic access to the full text of a clause. NUMBER TITLE DATE 52.242-15 STOP-WORK ORDER AUG 1989 ALTERNATE I (APR 1984) F.2 PERIOD OF PERFORMANCE The period of performance shall be thirty-six (36) months from the date of contract execution. F.3 LEVEL OF EFFORT The level of effort for this project is estimated at between 9 and 10 professional person years. F.4 REPORTS/DELIVERABLES The contractor will submit the following reports, at the time and in the number of copies specified, to the Project Officer designated for the contract. If requested by the Project Officer, oral briefings will be held on the task and/or final reports on each study: 1. Monthly Progress Reports in two (2) copies. The first such report will be due 30 calender days after the contract beginning date and subsequent reports will be due monthly thereafter. Reports should accompany any monthly invoice requests for payment. Reports should briefly address monthly progress in terms of completion of tasks specified in the statement of work. Also, identification of problems and plans for their resolution when problems arise and, if necessary, provide an updated work plan of the remainder of the contract period. 2. Design Report in five (5) copies. The contractor shall prepare a F-1

Back to Table of Contents RFP-DCS-01-10 Section F design report which includes all the elements described in task C.4.1. This design report shall be due 90 calendar days after the contract beginning date. 3. Report on Net Impact Feasibility in ten (10) copies. Approximately nine months after the contract execution date, the contractor will submit a report on the feasibility of conducting a net impact study. 4. Interim Report in twenty five (25) copies to be delivered eighteen (18) months after contract execution. The interim report will include an Executive Summary. A detailed outline of the interim report, in ten copies, will be submitted to the project officer at least 60 days prior to the report delivery due date. 5. Final Report in twenty-five (25) copies, one of which is camera ready. The final report will include an Executive Summary. A detailed outline of the final report, in ten (10) copies, will be submitted to the project officer at least 75 calendar days before the end of the period of performance. A draft of the final report, in ten (10) copies, will be submitted at least 45 calendar days before the end of the period of performance. The final report, incorporating ETA comments, will be due by the contract end date. F-2 RFP-DCS-01-10 Section G SECTION G - CONTRACT ADMINISTRATION DATA G.1 IDENTITY AND AUTHORITY OF THE CONTRACTING OFFICER'S REPRESENTATIVE (GOVERNMENT AUTHORIZED REPRESENTATIVE) (A) The authorized representative of the Contracting Officer is TBD whose authority to act on behalf of the Contracting Officer is limited to the extent set forth in (B) below. Under no circumstances is the Government Authorized Representative (GAR) authorized to sign any contractual documents or approve any alteration to the contract involving a change in the scope, price, terms or conditions of the contract or order. (B) The Government Authorized Representative is authorized to: (1) Monitor and inspect Contractor's performance to ensure compliance of the scope of work. (2) Make determinations relative to satisfactory or unsatisfactory performance, including acceptance of all work performed and/or all products produced under the terms of the contract. (3) Review and approve invoices. (4) Review and approve Contractor's project staff as may be called for on the contract. (5) Recommend program changes to the Contracting Officer as a result of monitoring or as may be requested by the Contractor. (6) Review, coordinate changes or corrections, if any, and accept all reports (including any final reports) required under the contract. G.2 INVOICE REQUIREMENTS Contractor will prepare and submit proper invoices (as defined in C below) in accordance with the criteria outlined below. (Also, see Clause 52.232-8 "Discount for Prompt Payment", contained in Section I of the contract.): A. (1) If the contract is a cost-reimbursement type contract, the contractor will submit three (3) ink- signed copies of the invoice, Cost Contractor's Invoice, (ETA 3100-1), together with a detailed report of expenditures, Cost Contractor's Detailed Statement of Costs (ETA 3-2), to the Government Authorized Representative (GAR), U.S. Department of Labor, not more frequently G-1

Back to Table of Contents RFP-DCS-01-10 Section G than monthly, unless otherwise so authorized in the contract. (2) If the contract is a fixed-price type contract, the contractor may submit SF-1034, Public Voucher, or the equivalent thereto; i.e., contractor's own invoice, in lieu of the forms described in A(l) above. (3) Invoices should be submitted to the individual listed below: TBD U.S. Department of Labor, ETA 200 Constitution Avenue, NW, Room TBD Washington, D.C. 20210 B. The Detailed Report of Expenditures (ETA 3-2) submitted with the Invoice (ETA 3100-1) must include the same budget line items or cost categories as appears in the contract, including any modifications thereto. C. To constitute a proper invoice, the invoice, must include the following information and/or attached documentation: (1) Name and address of the Contractor; (2) Invoice date; (3) Contract number or other authorization for supplies delivered or services performed (including order number and contract line item number). (4) Description, quantity, unit of measure, unit price, and extended price of supplies delivered or services performed. (5) Shipping and payment terms (e.g., shipment number and date of shipment, prompt payment discount terms. Bill of lading number and weight of shipment will be shown for shipments on Government bills of lading. (6) Name and address of Contractor official to whom payment is to be sent (must be the same as that in the contract or in a proper notice of assignment). (7) Name (where practicable), title, telephone number and mailing address of person to be notified in event of a defective invoice. (8) Any other information or documentation required by other requirements of the contract. In addition to the above, invoices should be numbered consecutively. All final invoices shall be clearly marked Final Invoice. G-2

Back to Table of Contents RFP-DCS-01-10 Section G G.3 METHOD OF PAYMENT A. Payments under this contract will be made either by check or electronic funds transfer (through the Treasury Fedline Communications System (FEDLINE) or the Automated Clearing House (A H)), at the option of the Government. After award, but no later than 14 days before an invoice or contract financing request is submitted, the Contractor shall designate a financial institution for receipt of electronic funds transfer payments. The contractor shall submit this designation to the Contracting Officer or other Government official as directed. B. For payments through FEDLINE, the Contractor shall provide the following information: (1) Name, address, and telegraphic abbreviation of the financial institution receiving payment. (2) The American Bankers Association 9-digit identifying number of the financing institution receiving payment if the institution has access to the Federal Reserve Communications System. (3) Payee's account number at the financial institution where funds are to be transferred. (4) If the financial institution does not have access to the Federal Reserve Communications System, provide the name, address, and telegraphic abbreviation of the correspondent financial institution through which the financial institution receiving payment obtains electronic funds transfer messages. Provide the telegraphic abbreviation and American Bankers Association identifying number for the correspondent institution. C. For payments through ACH, the Contractor shall provide the following information: (1) Routing transit number of the financial institution receiving payment (same as American Bankers Association identifying number used for FEDLINE). (2) Number of account to which funds are to be deposited. (3) Type of depositor account ("C" for checking, "S" for savings). (4) If the Contractor is a new enrollee to the ACH system, a "Payment Information Form," SF 3881, must be completed before payment can be processed. D. In the event the Contractor, during the performance of this contract, elects to designate a different financial institution for the receipt of any payment made using electronic funds transfer procedures, notification of such change and the required information G-3

Back to Table of Contents RFP-DCS-01-10 Section G specified above must be received by the appropriate Government official 30 days prior to the date such change is to become effective. E. The documents furnishing the information required in paragraphs B and C above must be dated and contain the signature, title, and telephone number of the Contractor official authorized to provide it, as well as the Contractor's name and contract number. F. Contractor failure to properly designate a financial institution or to provide appropriate payee bank account information may delay payments of amounts otherwise properly due. G. The Contractor shall forward the information required above to: U.S. Department of Labor, ETA Division of Accounting, Room N-4702 200 Constitution Avenue, NW Washington, DC 20210 G-4 RFP-DCS-01-10 Section H SECTION H - SPECIAL CONTRACT REQUIREMENTS H.1 BUDGET LINE ITEM FLEXIBILITY Flexibility of Direct Costs will be allowed within the Prime Contract Budget, provided no single line item of cost shall be increased or decreased in excess of 20 percent and provided further that the total estimated cost of the Contract is not exceeded. This flexibility of cost does not apply to the wages, salaries and fringe benefits line items (including proposed changes by the Contractor in the mixture, number of hours, wages, and/or bonus or personnel paid under the contract) wherein no increase is permitted without the prior review and approval by the Contracting Officer. In contracts with OPTION TO EXTEND SERVICES provisions, this clause is applicable to each yearly negotiated budget line item amounts, and not the accumulated budget line item totals. H.2 FRINGE BENEFITS Social Security, Workers' Compensation, Unemployment Compensation and any other fringe benefits are a normal practice of the Contractor at the time of final negotiations for this contract and are available to all employees. Fringe benefits from an immediate previous employer which may be continued while employed under this contract are an allowable cost. In no event will duplicate fringe benefits be allowable to an individual under this contract. H.3 VACATIONS, SICK-LEAVE HOLIDAYS The Contractor may grant leave in accordance with its established written policy, provided that policy is accepted by the Contracting Officer or, in the absence of an established policy, leave may be granted as follows: Vacation: Maximum 2 weeks (10 working days) Sick Leave: Maximum 2 weeks (10 working days) Holiday: Maximum of paid holidays Leave shall be accrued at the rate of 5/6 of 1 day per month for each month employed. If the term of this contract is for more than or less than 1 year, the above leave shall be adjusted accordingly. H-1

Back to Table of Contents RFP-DCS-01-10 Section H H.4 TRAVEL AND PER DIEM Travel policies as set forth in the Travel Regulations referred to below are required of the Contractor and consultants hereunder. Where the Contractor has a more restrictive travel policy than the Federal Travel Regulations, the more restrictive requirements shall apply. It is the responsibility of the Contractor to authorize only such per diem allowances as justified by the circumstances affecting the travel. Care should be exercised to prevent fixing per diem rates in excess of those required to meet the necessary authorized subsistence expenses. To this end, consideration should be given to factors which reduce the expenses of the employee such as: known arrangements at temporary duty locations where lodging and meals may be obtained without cost or at prices advantageous to the traveler; established cost experience in the localities where lodging and meals are required; situations where special rates for accommodations have been made available for a particular meeting or conference; the extent to which the traveler is familiar with establishments providing lodging and meals at a lower cost in certain localities, particularly, where repeated travel is involved; and the use of methods of travel where sleeping accommodations are provided as part of the transportation expenses. All travel shall be at tourist, coach, or less than first class unless itinerary or unavailability dictate otherwise. All temporary duty and local area automobile travel shall be allowed as prescribed by the applicable Travel Regulations. Copies of applicable Travel Regulations can be obtained as follows at a fee: a. Federal Travel Regulations, prescribed by the General Services Administration, for travel in the conterminous 48 United States: Available on a subscription basis from the Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402, Stock No. 022-001-81003-7. b. Joint Travel Regulations, Volume 2, DoD Civilian Personnel, Appendix A, prescribed by the Department of Defense, for travel in Alaska, Hawaii, the Commonwealth of Puerto Rico, and territories and possessions of the United States: Available on a subscription basis from the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402, Stock No. 908-010-00000-1. c. Standardized Regulations, (Government Civilians, Foreign Areas), Section 925, "Maximum Travel Per Diem Allowances for Foreign Areas," prescribed by the Department of State, for travel in areas not covered in 1 and 2 above: Available on a subscription basis from the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402, Stock No. 744-008-00000-0. H-2

Back to Table of Contents RFP-DCS-01-10 Section H H.5 USE OF AND PAYMENT TO CONSULTANTS (a) Consultant(s) hired to perform under this contract may be compensated at a rate for time actually worked (e.g., amount per day, per week, per month, etc.), or at a fixed price for performance of a specific task, or at nominal compensation in accordance with Contractor's policies. However, for the use and payment to consultant(s) prior written approval must be obtained from the Contracting Officer. (b) The amount or rate of payment will be determined on a case-by- case basis, taking into account (among any other relevant factors) the relative importance of the duties to be performed, the stature of the individual in his specialized field, comparable pay for positions under the Classification Act or other Federal pay systems, rates paid by private employers and rates previously paid other experts or consultants for similar work. (c) The contractor shall maintain a written report for the files on the results on all consultations charged to the contract. This report must include, as a minimum: (1) the consultant's name, dates, hours and amounts charged to the contract; (2) the names of the contractor's staff to whom the services are provided; and (3) the results of the subject matter of the consultation. H.6 UNEMPLOYMENT INSURANCE COST Unemployment insurance costs shall be paid by the contractor as they are incurred. However, in the event billings for Unemployment Insurance costs are received by the contractor after the expiration date of this contract and the billings cover the period that this contract was effective, the Government agrees to reimburse the contractor at the same rate that would have been applicable had the cost been paid as they were incurred. H.7 ACCOUNTING AND AUDITING SERVICES (a) Accounting The contractor may procure and utilize such accounting services as are required to establish and maintain an accounting system which reflect accurate, current and complete financial transactions and which meet the standards of the Comptroller General of the United States and the Department of Labor. (b) Auditing The contractor shall audit or have audited subcontractor financial records as may be required to determine, at a minimum, the fiscal integrity of financial transactions and compliance with laws, regulations and administrative requirements. H-3

Back to Table of Contents RFP-DCS-01-10 Section H The U.S. Department of Labor shall be responsible for scheduling all audits of the prime contractor's books, documents, papers and records. The Department will use its own audit resources or shall use certified or public accountants under contract or auditors from another Federal agency. Cost of Accounting Services and Audit of subcontractors as described herein are allowable cost under this contract. Costs for audits for which the U.S. Department of Labor is responsible are unallowable. H.8 PRINTING Unless otherwise specified in this contract, the contractor shall not engage in, nor subcontract for, any printing (as that term is defined in Title 1 of the Government Printing and Binding Regulations in effect on the effective date of this contract) in connection with the performance of work under this contract: provided, however, that performance of a requirement under this contract involving the reproduction of less than 5,000 production units of any one page or less than 25,000 production units in the aggregate of multiple pages, will not be deemed to be printing. A production unit is defined as one sheet, size 8 by 11 inches, one side only, one color. H.9 KEY PERSONNEL The personnel specified below or in attachment to this contract are considered to be essential to the work being performed hereunder. Prior to diverting any of the specified individuals to other programs, the Contractor shall notify the Contracting Officer reasonably in advance and shall submit justification (including proposed substitutions) in sufficient detail to permit evaluation of the impact on the program. No diversion shall be made by the Contractor without the written consent of the Contracting Officer; Provided, that the Contracting Officer may ratify in writing such diversion and such ratification shall constitute the consent of the Contracting Officer required by this clause. The below list or attachment to this contract may be amended from time to time during the course of the contract to either add or delete personnel, as appropriate. For the purpose of this contract, the key personnel positions are identified below as: - Project Director - Co-Principal Investigator - - - - H-4

Back to Table of Contents RFP-DCS-01-10 Section H H.10 CONTRACT NUMBER IDENTIFICATION The Contractor agrees to utilize the number of this contract on all correspondence, communications, reports, vouchers and such other data concerning this contract or delivered hereunder. H.11 SUBMISSION OF CORRESPONDENCE All correspondence relating to contractual aspects shall be directed to the Division of Contract Services, Attention: Contracting Officer. H.12 OTHER CONTRACTORS The Government may undertake or award other contracts for the same, essentially similar, or related work, and the Contractor shall fully cooperate with such other contractors and Government employees. The Contractor shall not commit or permit any act which will interfere with the performance of work by any other contractor or by Government employees. The foregoing paragraph shall be included in the contracts of all Contractors with whom this Contractor will be required to cooperate. The Government shall equitably enforce this clause as to all contractors, to prevent the imposition of unreasonable burdens on any contractor. H.13 LAWS APPLICABLE The contractor will perform its duties in accordance with the applicable Act, and the regulations, procedures and standards promulgated thereunder. The Contractor will comply with all applicable Federal and State and Local laws, rules, and regulations which deal with or relate to the employment of persons who perform work or are trained under contract. This contract in no way relieves the Contractor of responsibility for compliance with the provisions of the Fair Labor Standards Act, as amended. H.14 DISPOSITION OF MATERIAL Upon termination or completion of all work under this contract, the Contractor shall prepare for shipment, deliver F0B destination, or dispose of all materials received from the Government and all residual materials produced in connection with the performance of this contract as may be directed by Contracting Officer, or as specified in other provisions of this contract. All materials produced or required to be delivered under this contract become and remain the property of the Government. H-5

Back to Table of Contents RFP-DCS-01-10 Section H H.15 NONDISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITIES (a) No person shall on the ground of race, religion, color, handicap, national origin, sex, age, political affiliation, or beliefs be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded or otherwise financially assisted, in whole or in part with funds made available hereunder. (b) In addition, this contract and any subcontract hereunder is subjected to Title VI of the Civil Rights Act of 1964 (78 Stat. 252) and the Regulations issued thereunder and found at 29 CFR 31. The Contractor agrees that any service, financial aid, or other benefit to be provided by it under this contract shall be furnished without discrimination because of race, color, sex, or national origin; and that his employment practices shall be subject to the same restrictions to ensure nondiscriminatory treatment of beneficiaries of assistance under the Act. H.16 FEDERAL REPORTS In the event that it subsequently becomes a contractual requirement to collect or record information calling for answers to identical questions from 10 or more persons other than Federal employees, or for information from Federal employees which is to be used for statistical compilations of general public interest, the Paperwork Reduction Act of 1980 and 5 CRF 1320 shall apply to this contract. No plan, questionnaire, interview guide or similar device for collecting formation (whether repetitive or single-time) may be used without first obtaining clearance from the Office of Management and Budget (OMB). The contractor shall obtain the required OMB clearance through the Project Officer before expending any funds or making public contracts for the collection of data. The authority to expend funds and to proceed with the collection of data shall be issued in writing by the Contracting Officer. H.17 DISCLOSURE OF CONFIDENTIAL INFORMATION The Contractor agrees to maintain the confidentiality of any information regarding applicants, project participants or their immediate families which may be obtained through application forms, interviews, test reports from public agencies or counselors, or any other source. Without the permission of the applicant or participant, such information shall be divulged only as necessary for purposes related to the performance or evaluation of the contract and to persons having responsibilities under the contract, including those furnishing services to the projects under subcontracts. H-6

Back to Table of Contents RFP-DCS-01-10 Section H H.18 ELIMINATION OF SEXIST LANGUAGE AND ART WORK All written materials issued by the Contractor or grantee shall conform to the following guidelines for eliminating sexist language and art work: (a) Avoid the use of sex reference in job titles. Titles should conform to the Census Bureau's occupational classification system and the most recently published edition of the Dictionary of Occupational Titles. -- Longshore workers instead of longshoremen. (b) Avoid the use of male and female gender word forms. -- Aviator to include men and women pilots, not aviatrix. (c) Include both sexes by using terms that refer to people as a whole. -- Human beings or people instead of mankind. (d) Avoid the use of masculine and feminine pronouns or adjectives in referring to a hypothetical person or people in general. Change sentences such as: The average American worker spends 2 years of his life in the workforce. -- By rewording to eliminate unnecessary gender pronouns and adjectives. (The average American worker spends 20 years in the workforce.) -- By recasting into the plural. (Most Americans spend 20 years of their lives in the workforce.) -- By replacing the masculine or feminine pronoun or adjective with "one", "you", "he or she", "her or him", or his or her". (An average American spends 20 years of his or her life in the workforce.) (e) Refer to both men and women in such generic terms as economist, doctor, or lawyer. Identify sex through the use of pronouns. -- The lawyer made her final summation. (f) Avoid the use of stereotyped terms or expressions such as "man-sized" job. -- Employee-years and employee-hours (or staff-hours) instead of man-years and man-hours. (g) The use of art work in publications should conform to the following guidelines: (i) Strive to use racially and sexually balanced designs. H-7

Back to Table of Contents RFP-DCS-01-10 Section H (ii) Depict both men and women in art work on general subject matters. (iii) Show men and women in a variety of roles in photographs, illustrations, and drawings. -- Show women and men as managers and skilled laborers. H.19 HAZARDOUS OCCUPATION ORDERS The Contractor shall comply with the Hazardous Occupation Orders issued pursuant to the Fair Labor Standards Act and set forth at 20 CFR 570.50 et seq. with respect to the employment of youths under 18 years of age and the Child Labor Standards of 29 CFR 570.31 et seq. with respect to the employment of youths aged 14 and 15. H.20 INSURANCE REQUIREMENTS (FAR-Subpart 28.3) In accordance with the Federal Acquisition Regulation, 48 CFR, Clause 52.228-7 entitled, "Insurance-Liability to Third Persons" the following kinds and amounts of insurance must be procured and maintained in force during the lifetime of the above numbered contract. A. Worker's Compensation - In the amounts required by State law or the United States Longshore Worker's and Harbor Workers' Compensation Act (33 U.S.C. 901). B. Occupational Diseases Insurance - As required by applicable law. In any area where all occupational diseases are not compensable under applicable law, insurance for occupational diseases shall be secured under the employer liability section of your insurance policy, minimum per accident $100,000. C. Employer Liability - This insurance is to cover any liability imposed upon an employer, by law, for damages on account of personal injuries, including death resulting therefrom, sustained by his employees by reason of accident. D. General Liability Insurance (Bodily Injury) - This insurance protects the insured against claims arising from bodily injury or death to third parties occurring on it business premises or through its operations except those arising from motor vehicles away from the premises, those covered by any Worker's Compensation law, and other exclusions stated in the policy. The required coverage for bodily injury shall be $200,000 per person and $500,000 per occurrence. E. Automobile Liability - The required coverage is $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage. F. The policies evidencing such insurance as required under this contract shall contain the following endorsement: H-8

Back to Table of Contents RFP-DCS-01-10 Section H "No cancellation, termination, or modification of this policy shall take effect prior to the expiration of 35 days after written notice of the cancellation, termination or modification together with suitable identification of the policy and name insured has been sent by registered letter to the Government representative at the address stated below: Name of Contracting Officer: Keith A. Bond Address: USDOL/ETA/DASET/OGCM/DCS 200 Constitution Ave., N.W. Room C-4310 Washington, D.C. 20210 The types and minimum limits reflected above for vehicle insurance shall apply to any vehicle operated or used in connection with performance of official business under this contract. In the event a privately-owned vehicle is used, the Government's share of insurance premiums, including any additional coverage required to conform with the above limits, shall be prorated in accordance with the vehicle's actual use while conducting business under the terms of this contract. H.21 DATA COLLECTION FOR THE DEPARTMENT OF LABOR The Contractor shall be responsible for informing any grantee that they have been requested to collect information for the Department of Labor. The collection of such data shall be the responsibility of the Contractor solely. The Contractor may request assistance from ETA grantees in locating the data. However, the actual data gathering must be done by the Contractor. H.22 PERFORMANCE STANDARDS The composition, workmanship, printing or reproduction and substantive content of all reports, evaluations, charts, tables, graphs, and other data to be furnished under this contract shall strictly conform to the generally accepted quality standards of the Contractor's profession and shall be suitable for dissemination and use without revision, to DOL, other Government agencies and the general public. Reports shall include a complete disclosure of all data relevant to the work performed, the techniques developed, the investigations made, and shall be relevant to the materials studies and methods and processes employed. H-9

Back to Table of Contents RFP-DCS-01-10 Section H H.23 RESTRICTION ON USE OF DOL FUNDS FOR LOBBYING In accordance with the cost principles incorporated in the Federal Acquisition Regulations (FAR) at 31.205-22, lobbying costs (direct or indirect) are unallowable under this agreement. The exclusion of lobbying costs using Department of Labor funds is not intended to penalize, discourage, or prevent lobbying activities by utilizing non-Federal funds. H.24 PUBLICATION OF MATERIALS The Contractor shall receive permission from the Contracting Officer prior to publishing any works performed under this contract. Further, the Contractor shall acknowledge the support of the Department of Labor whenever publicizing any work performed under this contract. To implement the foregoing, the Contractor shall include in any publication resulting from work performed under this contract, an acknowledgement substantially the same as follows: "This project has been funded, either wholly or in part, with Federal funds from the Department of Labor, Employment and Training Administration under Contract Number TBD the contents of this publication do not necessarily reflect the views or policies of the Department of Labor, nor does mention of trade names, commercial products, or organizations imply endorsement of same by the U.S. Government." H.25 INDIRECT COSTS In order to avoid major audit problems, disallowed costs, and to receive timely reimbursement of indirect costs, contractors should take those necessary steps to comply with this clause as well as the critical timeframes for submission of indirect cost proposals. You are governed by one of the categories of cost principles listed below. Please comply with your cost principles as appropriate to your organization. (1) Federal Acquisition Regulation (FAR) Subparts 31 and 42 apply to private-for-profit contractors. (2) OMB Circular A-87 applies to state and local governments and Federally-recognized Indian Tribes. States receiving JTPA formula-allocated funds can elect to waive A-87 coverage. (3) OMB Circulars A-21, A-88 and FAR 42.705-3 apply to educational institutions. (4) OMB Circular A-122 applies to nonprofit institutions excluding those addressed in the preceding as well as hospitals. The total amount of contract funds will not be increased to reimburse organizations for higher indirect cost rates than those rates identified in this clause. Also, the contractor must obtain approval from the Contracting Officer to transfer funds from other budget line items to the indirect cost budget line items to accommodate higher indirect cost rates. H-10

Back to Table of Contents RFP-DCS-01-10 Section H The foregoing does not relieve the contractor of any other administrative cost limitations regarding the contract. Billing rates are only temporary for the 90 days period from the effective date of your contract. Failure to submit an acceptable indirect cost proposal to your cognizant agency for provisional rates within the aforementioned 90-day period means that you shall not receive any further reimbursement of your indirect billing rates until the provisional rate proposal is received. Also, action may be taken to recoup all indirect costs already paid to you. A private-for-profit contractor is to submit an acceptable indirect cost proposal for final rates to its cognizant agency within 90 days after the end of its fiscal year. All other contractors must submit their final rate proposals within 6 months after the end of their fiscal year. Block 1 or 2 is completed below as appropriate for affected new contracts or modifications. BLOCK 1 Rate category: (check one) Your rates and bases are: Billing Overhead Provisional Base: Final (And, if applicable) See Attached Agreement General and Admin. Other (Explain) Base: Effective from to or if multi-year, please explain here: BLOCK 2 (For special indirect cost ceilings) Special percent ceiling is % for (usually overhead) and if applicable, % for General and Administrative. Base: OR Special dollar ceiling is $ for (usually overhead) and if applicable, $ for General and Administrative. Base: Effective from to or if multi-year, please explain here: If applicable for ceilings, please describe here any situation whereby the bases in Block 2 above differ from the bases in Block 1 above. Also, the maximum reimbursement for indirect costs under this contract will be based on the lower of the negotiated rates or H-11

Back to Table of Contents RFP-DCS-01-10 Section H ceilings. If the Department of Labor (DOL) is your cognizant agency, proposals for indirect cost rates and supporting data and documentation should be sent to the Office of Cost Determination (OCD) Negotiator in the appropriate DOL Regional Office or if applicable, to the OCD National Office whose address and phone number is listed below. In addition, if you do not know your cognizant Federal agency, please call the phone number listed below: Director, Office of Cost Determination (OCD) U.S. Department of Labor, OASAM 200 Constitution Avenue, N.W., Room S-5520 Washington, D.C. 20210 Tel. (202) 219-8391 (End of Clause) H-12 RFP-DCS-01-10 Section I PART II - CONTRACT CLAUSES SECTION I - CONTRACT CLAUSES I.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE The following contract clauses pertinent to this section are hereby incorporated by reference (by Citation Number, Title, and Date) in accordance with the clause at FAR "52.252-2 CLAUSES INCORPORATED BY REFERENCE" in Section I of this contract. See FAR 52.252-2 for an internet address (if specified) for electronic access to the full text of a clause. NUMBER TITLE DATE 52.202-1 DEFINITIONS OCT 1995 52.203-3 GRATUITIES APR 1984 52.203-5 COVENANT AGAINST CONTINGENT FEES APR 1984 52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO JUL 1995 THE GOVERNMENT 52.203-7 ANTI-KICKBACK PROCEDURES JUL 1995 52.203-8 CANCELLATION, RESCISSION, AND RECOVERY JAN 1997 OF FUNDS FOR ILLEGAL OR IMPROPER ACTIVITY 52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR JAN 1997 IMPROPER ACTIVITY 52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE JUN 1997 CERTAIN FEDERAL TRANSACTIONS 52.204-4 PRINTED OR COPIED DOUBLE-SIDED AUG 2000 ON RECYCLED PAPER 52.209-6 PROTECTING THE GOVERNMENT'S INTEREST JUL 1995 WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT 52.215-2 AUDIT AND RECORDS--NEGOTIATION JUN 1999 52.215-8 ORDER OF PRECEDENCE--UNIFORM CONTRACT OCT 1997 FORMAT 52.216-7 ALLOWABLE COST AND PAYMENT MAR 2000 52.216-8 FIXED-FEE MAR 1997 52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE JUL 1996 52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS OCT 2000 52.222-1 NOTICE TO THE GOVERNMENT OF LABOR FEB 1997 DISPUTES 52.222-3 CONVICT LABOR AUG 1996 52.222-21 PROHIBITION OF SEGREGATED FACILITIES FEB 1999 I-1

Back to Table of Contents RFP-DCS-01-10 Section I 52.222-26 EQUAL OPPORTUNITY FEB 1999 52.222-35 AFFIRMATIVE ACTION FOR DISABLED VETERANS APR 1998 AND VETERANS OF THE VIETNAM ERA 52.222-36 AFFIRMATIVE ACTION FOR WORKERS WITH JUN 1998 DISABILITIES 52.222-37 EMPLOYMENT REPORTS ON DISABLED VETERANS JAN 1999 AND VETERANS OF THE VIETNAM ERA 52.223-6 DRUG-FREE WORKPLACE JAN 1997 52.225-13 RESTRICTIONS ON CERTAIN FOREIGN JUL 2000 PURCHASES 52.227-1 AUTHORIZATION AND CONSENT JUL 1995 ALTERNATE I (APR 1984) 52.227-2 NOTICE AND ASSISTANCE REGARDING PATENT AUG 1996 AND COPYRIGHT INFRINGEMENT 52.227-11 PATENT RIGHTS -- RETENTION BY THE JUN 1997 CONTRACTOR (SHORT FORM) 52.227-14 RIGHTS IN DATA--GENERAL JUN 1987 52.228-7 INSURANCE--LIABILITY TO THIRD PERSONS MAR 1996 52.232-17 INTEREST JUN 1996 52.232-22 LIMITATION OF FUNDS APR 1984 52.232-23 ASSIGNMENT OF CLAIMS JAN 1986 52.232-33 PAYMENT BY ELECTRONIC FUNDS--CENTRAL MAY 1999 CONTRACTOR REGISTRATION 52.233-1 DISPUTES DEC 1998 ALTERNATE I (DEC 1991) 52.233-3 PROTEST AFTER AWARD AUG 1996 ALTERNATE I (JUN 1985) 52.242-1 NOTICE OF INTENT TO DISALLOW COSTS APR 1984 52.242-3 PENALTIES FOR UNALLOWABLE COSTS OCT 1995 52.242-4 CERTIFICATION OF FINAL INDIRECT COSTS JAN 1997 52.242-13 BANKRUPTCY JUL 1995 52.243-2 CHANGES--COST REIMBURSEMENT AUG 1987 ALTERNATE V (APR 1984) 52.244-2 SUBCONTRACTS AUG 1998 ALTERNATE II (AUG 1998) 52.244-5 COMPETITION IN SUBCONTRACTING DEC 1996 52.246-23 LIMITATION OF LIABILITY FEB 1997 52.246-25 LIMITATION OF LIABILITY--SERVICES FEB 1997 52.249-6 TERMINATION (COST-REIMBURSEMENT) SEP 1996 52.249-14 EXCUSABLE DELAYS APR 1984 52.253-1 COMPUTER GENERATED FORMS JAN 1991 I.2 52.243-7 NOTIFICATION OF CHANGES (APR 1984) (a) Definitions. "Contracting Officer," as used in this clause, does not include any representative of the Contracting Officer. "Specificially Authorized Representative (SAR)," as used in this clause, means any person the Contracting Officer has so designated by written notice (a copy of which shall be provided to the Contractor) which shall refer to this subparagraph and shall be issued to the designated representative before the SAR exercises such authority. (b) Notice. The primary purpose of this clause is to obtain prompt reporting of Government conduct that the Contractor considers I-2

Back to Table of Contents RFP-DCS-01-10 Section I to constitute a change to this contract. Except for changes identified as such in writing and signed by the Contracting Officer, the Contractor shall notify the Administrative Contracting Officer in writing promptly, within calendar days from the date that the Contractor identifies any Government conduct (including actions, inactions, and written or oral communications) that the Contractor regards as a change to the contract terms and conditions. On the basis of the most accurate information available to the Contractor, the notice shall state-- (1) The date, nature, and circumstances of the conduct regarded as a change; (2) The name, function, and activity of each Government individual and Contractor official or employee involved in or knowledgeable about such conduct; (3) The identification of any documents and the substance of any oral communication involved in such conduct; (4) In the instance of alleged acceleration of scheduled performance or delivery, the basis upon which it arose; (5) The particular elements of contract performance for which the Contractor may seek an equitable adjustment under this clause, including-- (i) What contract line items have been or may be affected by the alleged change; (ii) What labor or materials or both have been or may be added, deleted, or wasted by the alleged change; (iii) To the extent practicable, what delay and disruption in the manner and sequence of performance and effect on continued performance have been or may be caused by the alleged change; (iv) What adjustments to contract price, delivery schedule, and other provisions affected by the alleged change are estimated; and (6) The Contractor's estimate of the time by which the Government must respond to the Contractor's notice to minimize cost, delay or disruption of performance. (c) Continued performance. Following submission of the notice required by (b) above, the Contractor shall diligently continue performance of this contract to the maximum extent possible in accordance with its terms and conditions as construed by the Contractor, unless the notice reports a direction of the Contracting Officer or a communication from a SAR of the Contracting Officer, in either of which events the Contractor shall continue performance; provided, however, that if the Contractor regards the direction or communication as a change as described in (b) above, notice shall be given in the manner provided. All directions, communications, interpretations, orders and similar actions of the SAR shall be I-3

Back to Table of Contents RFP-DCS-01-10 Section I reduced to writing promptly and copies furnished to the Contractor and to the Contracting Officer. The Contracting Officer shall promptly countermand any action which exceeds the authority of the SAR. (d) Government response. The Contracting Officer shall promptly, within calendar days after receipt of notice, respond to the notice in writing. In responding, the Contracting Officer shall either-- (1) Confirm that the conduct of which the Contractor gave notice constitutes a change and when necessary direct the mode of further performance; (2) Countermand any communication regarded as a change; (3) Deny that the conduct of which the Contractor gave notice constitutes a change and when necessary direct the mode of further performance; or (4) In the event the Contractor's notice information is inadequate to make a decision under (1), (2), or (3) above, advise the Contractor what additional information is required, and establish the date by which it should be furnished and the date thereafter by which the Government will respond. (e) Equitable adjustments. (1) If the Contracting Officer confirms that Government conduct effected a change as alleged by the Contractor, and the conduct causes an increase or decrease in the Contractor's cost of, or the time required for, performance of any part of the work under this contract, whether changed or not changed by such conduct, an equitable adjustment shall be made-- (i) In the contract price or delivery schedule or both; and (ii) In such other provisions of the contract as may be affected. (2) The contract shall be modified in writing accordingly. In the case of drawings, designs or specifications which are defective and for which the Government is responsible, the equitable adjustment shall include the cost and time extension for delay reasonably incurred by the Contractor in attempting to comply with the defective drawings, designs or specifications before the Contractor identified, or reasonably should have identified, such defect. When the cost of property made obsolete or excess as a result of a change confirmed by the Contracting Officer under this clause is included in the equitable adjustment, the Contracting Officer shall have the right to prescribe the manner of disposition of the property. The equitable adjustment shall not include increased costs or time extensions for delay resulting from the Contractor's failure to provide notice or to continue performance as provided, respectively, in (b) and (c) above. I-4

Back to Table of Contents RFP-DCS-01-10 Section I I.3 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): www.arnet.gov/far/ I.4 52.232-25 PROMPT PAYMENT (JUN 1997) Notwithstanding any other payment clause in this contract, the Government will make invoice payments and contract financing payments under the terms and conditions specified in this clause. Payment shall be considered as being made on the day a check is dated or the date of an electronic funds transfer. Definitions of pertinent terms are set forth in section 32.902 of the Federal Acquisition Regulation. All days referred to in this clause are calendar days, unless otherwise specified. (However, see subparagraph (a)(4) of this clause concerning payments due on Saturdays, Sundays, and legal holidays.) (a) Invoice payments (1) Due Date. (i) Except as indicated in subparagraph (a)(2) and paragraph (c) of this clause, the due date for making invoice payments by the designated payment office shall be the later of the following two events: (A) The 30th day after the designated billing office has received a proper invoice from the Contractor (except as provided in subdivision (a)(1)(ii) of this clause). (B) The 30th day after Government acceptance of supplies delivered or services performed by the Contractor. On a final invoice where the payment amount is subject to contract settlement actions, acceptance shall be deemed to have occurred on the effective date of the contract settlement. (ii) If the designated billing office fails to annotate the invoice with the actual date of receipt at the time of receipt, the invoice payment due date shall be the 30th day after the date of the Contractor's invoice; provided a proper invoice is received and there is no disagreement over quantity, quality, or Contractor compliance with contract requirements. (i) Name and address of the Contractor. (ii) Invoice date. (The Contractor is encouraged to date invoices as close as possible to the date of the mailing or transmission.) I-5

Back to Table of Contents RFP-DCS-01-10 Section I (iii) Contract number or other authorization for supplies delivered or services performed (including order number and contract line item number). (iv) Description, quantity, unit of measure, unit price, and extended price of supplies delivered or services performed. (v) Shipping and payment terms (e.g., shipment number and date of shipment, prompt payment discount terms). Bill of lading number and weight of shipment will be shown for shipments on Government bills of lading. (vi) Name and address of Contractor official to whom payment is to be sent (must be the same as that in the contract or in a proper notice of assignment). (vii) Name (where practicable), title, phone number, and mailing address of person to be notified in the event of a defective invoice. (viii) Any other information or documentation required by the contract (such as evidence of shipment). (ix) While not required, the Contractor is strongly encouraged to assign an identification number to each invoice. (4) Interest penalty. An interest penalty shall be paid automatically by the designated payment office, without request from the Contractor, if payment is not made by the due date and the conditions listed in paragraphs (a)(4)(i) through (a)(4)(iii) of this clause are met, if applicable. However, when the due date falls on a Saturday, Sunday, or legal holiday when Federal Government offices are closed and Government business is not expected to be conducted, payment may be made on the following business day without incurring a late payment interest penalty. (i) A proper invoice was received by the designated billing office. (ii) A receiving report or other Government documentation authorizing payment was processed, and there was no disagreement over quantity, quality, or Contractor compliance with any contract term or condition. (iii) In the case of a final invoice for any balance of funds due the Contractor for supplies delivered or services performed, the amount was not subject to further contract settlement actions between the Government and the Contractor. (5) Computing penalty amount. The interest penalty shall be at the rate established by the Secretary of the Treasury under section 12 of the Contract Disputes Act of 1978 (41 U.S.C. 611) that is in effect on the day after the due date, except where the interest penalty is prescribed by other governmental authority (e.g., tariffs). This rate is referred to as the "Renegotiation Board I-6

Back to Table of Contents RFP-DCS-01-10 Section I Interest Rate," and it is published in the Federal Register semiannually on or about January 1 and July 1. The interest penalty shall accrue daily on the invoice principal payment amount approved by the Government until the payment date of such approved principal amount; and will be compounded in 30-day increments inclusive from the first day after the due date through the payment date. That is, interest accrued at the end of any 30-day period will be added to the approved invoice principal payment amount and will be subject to interest penalties if not paid in the succeeding 30-day period. If the designated billing office failed to notify the Contractor of a defective invoice within the periods prescribed in subparagraph (a)(3) of this clause, the due date on the corrected invoice will be adjusted by subtracting from such date the number of days taken beyond the prescribed notification of defects period. Any interest penalty owed the Contractor will be based on this adjusted due date. Adjustments will be made by the designated payment office for errors in calculating interest penalties. (i) For the sole purpose of computing an interest penalty that might be due the Contractor, Government acceptance shall be deemed to have occurred constructively on the 7th (unless otherwise specified in this contract) after the Contractor delivered the supplies or performed the services in accordance with the terms and conditions of the contract, unless there is a disagreement over quantity, quality, or Contractor compliance with a contract provision. In the event that actual acceptance occurs within the constructive acceptance period, the determination of an interest penalty shall be based on the actual date of acceptance. The constructive acceptance requirement does not, however, compel Government officials to accept supplies or services, perform contract administration functions, or make payment prior to fulfilling their responsibilities. (ii) T