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| Federal
Committee on Registered Apprenticeship Marketing |
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| [ 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
http://www.doleta.gov/sga/.
IT IS THE OFFEROR'S RESPONSIBILITY TO CHECK THIS SITE PERIODICALLY FOR OFFICIAL UPDATES/AMENDMENTS
TO THE SOLICITATION. |
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| | Solicitation Number | RFP-DCS-01-16 | | Issue Date: | February 9, 2001 |
| Due Date: | March 16, 2001 |
| Time: | 2:00 p.m. |
| Program Office: | BAT |
| 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: | |
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| PERTINENT TECHNICAL SECTIONS OF SOLICITATION |
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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): |
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| | Sections B, C, F, L, and M |
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SOLICITATION, OFFER AND AWARD |
| 1. THIS CONTRACT IS A RATED ORDER |
| UNDER DPAS (15 CFR 700) | | | |
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| 3. SOLICITATION NUMBER |
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RFP-DCS-01-16 | |
| 4. TYPE OF SOLICITATION |
| SEALED BID (IFB) |
| NEGOTIATED (RFP)
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| 5. DATE ISSUED |
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February 9, 2001 | |
| 6. REQUISITION/PURCHASE NUMBER |
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| 7. ISSUED BY
| CODE | |
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U.S. Department of Labor, ETA/OGCM |
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Division of Contract Services |
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200 Constitution Avenue, NW |
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Room C-4310 |
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Washington DC 20210 | |
| 8. ADDRESS OFFER TO (If other than Item 7) |
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| NOTE: In sealed bid solicitations
"offer" and "offeror" mean "bid" and "bidder". |
| SOLICITATION |
| 9. Sealed offers in original and
See L.8 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
March 16, 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.
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| 10. FOR INFORMATION CALL: |
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| A. NAME |
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Chari A. Magruder | |
B. TELEPHONE (NO COLLECT CALLS) |
| C. E-MAIL ADDRESS |
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cmagruder@doleta.gov | |
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11. TABLE OF CONTENTS
See Attached Table of Contents |
| (X) | SEC. | DESCRIPTION | PAGE(S) | (X) | SEC. | DESCRIPTION | PAGE(S)
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PART I - THE SCHEDULE |
PART II - CONTRACT CLAUSES |
| | A | SOLICITATION/CONTRACT FORM |
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I | CONTRACT CLAUSES | |
| | B | SUPPLIES OR SERVICES AND PRICES/COSTS |
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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 |
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| | 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) | | | | | |
| 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 |
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| 15A. | NAME AND ADDRESS OF
OFFEROR | | |
| 16. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER |
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15B. TELEPHONE NUMBER
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| 15C. CHECK IF REMITTANCE ADDRESS IS DIFFERENT FROM ABOVE - ENTER SUCH ADDRESS IN SCHEDULE | | | |
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| AWARD (To be completed by Government)
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| 19. ACCEPTED AS TO ITEMS NUMBERED |
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| 21. ACCOUNTING AND APPROPRIATION |
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| 22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION: |
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| 10 U.S.C. 2304(a) (
) | | 41 U.S.C. 252(c) (
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| 23. SUBMIT INVOICES TO ADDRESS SHOWN IN |
| (4 copies unless otherwise specified) |
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| 24. ADMINISTERED BY (If other than Item 7) | CODE | |
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U.S. Department of Labor, ETA |
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200 Constitution Avenue, NW |
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Room |
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Washington DC 20210 | |
| 25. PAYMENT WILL BE MADE BY | CODE | |
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U.S. Department of Labor, ETA/OC |
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Division of Accounting |
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200 Constitution Avenue, NW |
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Room N-4702 |
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Washington DC 20210 | |
| 26. NAME OF CONTRACTING OFFICER (Type or print) |
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| 27. UNITED STATES OF AMERICA |
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(Signature of Contracting Officer) | | |
| IMPORTANT - Award will be made on this Form, or on
Standard Form 26, or by other authorized written notice. |
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STANDARD FORM 33 (REV. 9-97) |
TABLE OF CONTENTS PAGE
SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS . . . . . . . . . . . . B-1
SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK . . . . . . . . C-1
C.1 BACKGROUND . . . . . . . . . . . . . . . . . . . . . . . . . . . C-1
C.2 PURPOSE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . C-1
C.3 TASKS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . C-2
C.4 SPECIAL REQUIREMENTS . . . . . . . . . . . . . . . . . . . . . . C-5
SECTION D - PACKAGING AND MARKING. . . . . . . . . . . . . . . . . . . . D-1
[For this Solicitation, there are NO clauses in this Section] . . . . D-1
SECTION E - INSPECTION AND ACCEPTANCE. . . . . . . . . . . . . . . . . . E-1
E.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE . . . E-1
52.246-5 INSPECTION OF APR 1984. . E-1
SERVICES--COST-REIMBURSEMENT
SECTION F - DELIVERIES OR PERFORMANCE. . . . . . . . . . . . . . . . . . F-1
F.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE . . . F-1
52.242-15 STOP-WORK ORDER AUG 1989. . F-1
ALTERNATE I (APR 1984)
F.2 PERIOD OF PERFORMANCE . . . . . . . . . . . . . . . . . . . . . F-1
F.3 LEVEL OF EFFORT . . . . . . . . . . . . . . . . . . . . . . . . F-1
F.4 REPORTS/DELIVERABLES. . . . . . . . . . . . . . . . . . . . . F-1
SECTION G - CONTRACT ADMINISTRATION DATA . . . . . . . . . . . . . . . . G-1
G.1 IDENTITY AND AUTHORITY OF THE CONTRACTING OFFICER'S . . . . . . G-1
REPRESENTATIVE (GOVERNMENT AUTHORIZED REPRESENTATIVE)
G.2 INVOICE REQUIREMENTS. . . . . . . . . . . . . . . . . . . . . . G-1
G.3 METHOD OF PAYMENT . . . . . . . . . . . . . . . . . . . . . . . G-3
SECTION H - SPECIAL CONTRACT REQUIREMENTS. . . . . . . . . . . . . . . . H-1
H.1 BUDGET LINE ITEM FLEXIBILITY. . . . . . . . . . . . . . . . . . H-1
H.2 FRINGE BENEFITS . . . . . . . . . . . . . . . . . . . . . . . . H-1
H.3 VACATIONS, SICK-LEAVE HOLIDAYS. . . . . . . . . . . . . . . . . H-1
H.4 TRAVEL AND PER DIEM . . . . . . . . . . . . . . . . . . . . . . H-2
H.5 USE OF AND PAYMENT TO CONSULTANTS . . . . . . . . . . . . . . . H-3
H.6 UNEMPLOYMENT INSURANCE COST . . . . . . . . . . . . . . . . . . H-3
H.7 ACCOUNTING AND AUDITING SERVICES. . . . . . . . . . . . . . . . H-3
H.8 PRINTING. . . . . . . . . . . . . . . . . . . . . . . . . . . . H-4
H.9 KEY PERSONNEL . . . . . . . . . . . . . . . . . . . . . . . . . H-4
H.10 CONTRACT NUMBER IDENTIFICATION. . . . . . . . . . . . . . . . . H-5
H.11 SUBMISSION OF CORRESPONDENCE. . . . . . . . . . . . . . . . . . H-5
H.12 OTHER CONTRACTORS . . . . . . . . . . . . . . . . . . . . . . . H-5
H.13 LAWS APPLICABLE . . . . . . . . . . . . . . . . . . . . . . . . H-5
H.14 DISPOSITION OF MATERIAL . . . . . . . . . . . . . . . . . . . . H-5
H.15 NONDISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITIES. . . . . . H-6
H.16 FEDERAL REPORTS . . . . . . . . . . . . . . . . . . . . . . . . H-6
H.17 DISCLOSURE OF CONFIDENTIAL INFORMATION. . . . . . . . . . . . . H-6
H.18 ELIMINATION OF SEXIST LANGUAGE AND ART WORK . . . . . . . . . . H-7
H.19 HAZARDOUS OCCUPATION ORDERS . . . . . . . . . . . . . . . . . . H-8
H.20 INSURANCE REQUIREMENTS (FAR-Subpart 28.3) . . . . . . . . . . . H-8
H.21 DATA COLLECTION FOR THE DEPARTMENT OF LABOR . . . . . . . . . . H-9
H.22 PERFORMANCE STANDARDS . . . . . . . . . . . . . . . . . . . . . H-9
H.23 RESTRICTION ON USE OF DOL FUNDS FOR LOBBYING. . . . . . . . . . H-9
TABLE OF CONTENTS PAGE
H.24 PUBLICATION OF MATERIALS. . . . . . . . . . . . . . . . . . . . H-10
H.25 OPTION TO EXTEND THE TERMS OF THE CONTRACT - SERVICE . . . . . . H-10
(FAR 17.208(g))
H.26 INDIRECT COSTS . . . . . . . . . . . . . . . . . . . . . . . . . H-11
PART II - CONTRACT CLAUSES. . . . . . . . . . . . . . . . . . . . . . . I-1
SECTION I - CONTRACT CLAUSES . . . . . . . . . . . . . . . . . . . . . I-1
I.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE . . . I-1
52.202-1 DEFINITIONS OCT 1995. . I-1
52.203-3 GRATUITIES APR 1984. . I-1
52.203-5 COVENANT AGAINST CONTINGENT FEES APR 1984. . I-1
52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO JUL 1995. . I-1
THE GOVERNMENT
52.203-7 ANTI-KICKBACK PROCEDURES JUL 1995. . I-1
52.203-8 CANCELLATION, RESCISSION, AND RECOVERY JAN 1997. . I-1
OF FUNDS FOR ILLEGAL OR IMPROPER
ACTIVITY
52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR JAN 1997. . I-1
IMPROPER ACTIVITY
52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE JUN 1997. . I-1
CERTAIN FEDERAL TRANSACTIONS
52.204-4 PRINTED OR COPIED DOUBLE-SIDED AUG 2000. . I-1
ON RECYCLED PAPER
52.209-6 PROTECTING THE GOVERNMENT'S INTEREST JUL 1995. . I-1
WHEN SUBCONTRACTING WITH CONTRACTORS
DEBARRED, SUSPENDED, OR PROPOSED FOR
DEBARMENT
52.215-2 AUDIT AND RECORDS--NEGOTIATION JUN 1999. . I-1
52.215-8 ORDER OF PRECEDENCE--UNIFORM CONTRACT OCT 1997. . I-1
FORMAT
52.216-7 ALLOWABLE COST AND PAYMENT MAR 2000. . I-1
52.216-8 FIXED-FEE MAR 1997. . I-1
52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE JUL 1996. . I-1
52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS OCT 2000. . I-1
52.219-14 LIMITATIONS ON SUBCONTRACTING DEC 1996. . I-1
52.222-3 CONVICT LABOR AUG 1996. . I-1
52.222-21 PROHIBITION OF SEGREGATED FACILITIES FEB 1999. . I-1
52.222-26 EQUAL OPPORTUNITY FEB 1999. . I-1
52.222-35 AFFIRMATIVE ACTION FOR DISABLED VETERANS APR 1998. . I-1
AND VETERANS OF THE VIETNAM ERA
52.222-36 AFFIRMATIVE ACTION FOR WORKERS WITH JUN 1998. . I-1
DISABILITIES
52.222-37 EMPLOYMENT REPORTS ON DISABLED VETERANS JAN 1999. . I-2
AND VETERANS OF THE VIETNAM ERA
52.223-6 DRUG-FREE WORKPLACE JAN 1997. . I-2
52.225-13 RESTRICTIONS ON CERTAIN FOREIGN JUL 2000. . I-2
PURCHASES
52.227-1 AUTHORIZATION AND CONSENT JUL 1995. . I-2
52.227-2 NOTICE AND ASSISTANCE REGARDING PATENT AUG 1996. . I-2
AND COPYRIGHT INFRINGEMENT
52.228-7 INSURANCE--LIABILITY TO THIRD PERSONS MAR 1996. . I-2
52.232-17 INTEREST JUN 1996. . I-2
52.232-20 LIMITATION OF COST APR 1984. . I-2
52.232-23 ASSIGNMENT OF CLAIMS JAN 1986. . I-2
TABLE OF CONTENTS PAGE
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 I (APR 1984)
52.244-2 SUBCONTRACTS AUG 1998. . I-2
ALTERNATE II (AUG 1998)
52.244-5 COMPETITION IN SUBCONTRACTING DEC 1996. . I-2
52.244-6 SUBCONTRACTS FOR COMMERCIAL ITEMS AND OCT 1998. . I-2
COMMERCIAL COMPONENTS
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 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999) . . . . . . . . I-2
I.3 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT . . . . . . I-2
(MAR 2000)
I.4 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) . . . . I-3
I.5 52.232-25 PROMPT PAYMENT (JUN 1997) . . . . . . . . . . . . . I-3
I.6 52.219-14 LIMITATIONS ON SUBCONTRACTING (DEC 1996). . . . . . I-8
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 52.204-3 TAXPAYER IDENTIFICATION (OCT 1998) . . . . . . . . . K-1
K.3 52.209-5 CERTIFICATION REGARDING DEBARMENT, SUSPENSION,. . . . K-3
PROPOSED DEBARMENT, AND OTHER RESPONSIBILITY MATTERS
(MAR 1996)
TABLE OF CONTENTS PAGE
K.4 52.215-6 PLACE OF PERFORMANCE (OCT 1997) . . . . . . . . . . . K-4
K.5 52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS. . . . . . . . K-5
(OCT 2000)
K.6 52.222-22 PREVIOUS CONTRACTS AND COMPLIANCE REPORTS. . . . . . K-7
(FEB 1999)
K.7 52.222-25 AFFIRMATIVE ACTION COMPLIANCE (APR 1984). . . . . . K-7
K.8 SIGNATURE BLOCK . . . . . . . . . . . . . . . . . . . . . . . . K-8
SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS. . . . . . L-1
L.1 NOTICE LISTING SOLICITATION PROVISIONS INCORPORATED . . . . . . L-1
BY REFERENCE
52.215-1 INSTRUCTIONS TO OFFERORS--COMPETITIVE NOV 1999. . L-1
ACQUISITION
ALTERNATE I (OCT 1997)
52.215-16 FACILITIES CAPITAL COST OF MONEY OCT 1997. . L-1
52.222-24 PREAWARD ON-SITE EQUAL OPPORTUNITY FEB 1999. . L-1
COMPLIANCE EVALUATION
52.225-10 NOTICE OF BUY AMERICAN ACT--BALANCE OF FEB 2000. . L-1
PAYMENTS PROGRAM REQUIREMENT--
CONSTRUCTION MATERIALS
52.232-28 INVITATION TO PROPOSE PERFORMANCE-BASED MAR 2000. . L-1
PAYMENTS
L.2 52.215-1 INSTRUCTIONS TO OFFERORS--COMPETITIVE . . . . . . . . L-1
ACQUISITION (NOV 1999)
ALTERNATE I (OCT 1997)
L.3 52.216-1 TYPE OF CONTRACT (APR 1984). . . . . . . . . . . . . L-5
L.4 52.233-2 SERVICE OF PROTEST (AUG 1996). . . . . . . . . . . . L-6
L.5 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY . . . . . . . L-6
REFERENCE (FEB 1998)
L.6 PAST PERFORMANCE. . . . . . . . . . . . . . . . . . . . . . . . L-7
L.7 ORAL PRESENTATION SECTION . . . . . . . . . . . . . . . . . . . L-8
L.8 SUBMISSION OF PROPOSAL. . . . . . . . . . . . . . . . . . . . . L-11
L.9 LETTERS OF COMMITMENT - KEY PERSONNEL, (OCT 2000) . . . . . . . L-14
L.10 CONFIRMATION OF PROPOSED KEY PERSONNEL (OCT 2000) . . . . . . . L-14
L.11 SPECIAL REQUIREMENTS . . . . . . . . . . . . . . . . . . . . . . L-15
L.12 REQUEST FOR CLARIFICATION (RFC) . . . . . . . . . . . . . . . . L-15
SECTION M - EVALUATION FACTORS FOR AWARD . . . . . . . . . . . . . . . . M-1
M.1 NOTICE LISTING SOLICITATION PROVISIONS INCORPORATED . . . . . . M-1
BY REFERENCE
52.217-3 EVALUATION EXCLUSIVE OF OPTIONS APR 1984. . M-1
M.2 BASIS FOR AWARD (BEST VALUE) . . . . . . . . . . . . . . . . . M-1
M.3 EVALUATION CRITERIA AND BASIS FOR AWARD (BEST VALUE). . . . . . M-2
M.4 DETERMINING BEST OVERALL VALUE. . . . . . . . . . . . . . . . . M-6
A-6
RFP-DCS-01-16 Section B
PART I - THE SCHEDULE
SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS
SERVICES ORDERED
Title: "Federal Committee on Registered Apprenticeship
The Department of Labor, Employment and Training Administration
(DOL/ETA), is soliciting proposals to select a contractor to assist in
the design, implementation, and evaluation of an Apprenticeship
Marketing Outreach Pilot Project. The purpose of the pilot project is
to (1) help identify occupational areas which have the greatest growth
potential, have skill shortages, and those industries that would be
interested in utilizing the American Registered Apprenticeship model to
address their skilled shortage needs; (2) assist the Bureau of
Apprenticeship Training/Office of Apprenticeship Training, Employer,
and Labor Services and the Federal Committee on Registered
Apprenticeship to identify which industries best lend themselves to
being able to accommodate apprentices that are dislocated, disabled,
and disadvantaged; and (3) identify a consultant-expert on the
"employability of persons with disabilities."
Solicitation No. is RFP-DCS-01-16.
Period of Performance is eighteen (18) months from the date of contract
execution by the government, plus three 1-year options to extend at the
discretion of the government.
This solicitation is a 100% Small Business Set-Aside.
The North American Industry Classification System Code is 541611, with
a $5 million size standard.
A cost reimbursement type contract is contemplated for this
requirement.
Closing time and date are March 16, 2001, at 2:00 p.m. local time.
REQUESTS FOR CLARIFICATION (RFC) MUST BE RECEIVED NO LATER THAN 5:00 PM
LOCAL TIME FEBRUARY 22, 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
importance, the government will respond electronically.
The Government will not provide any information concerning requests for
B-1
RFP-DCS-01-16 Section B
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/).
Please be advised that it is the sole responsibility of the offeror to
continually view the website for any amendments to this solicitation.
B-2
RFP-DCS-01-16 Section C
SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK
C.1 BACKGROUND
The American Registered Apprenticeship System is a proven strategy that
produces highly skilled workers who meet the demands of employers
competing in a highly global economy. The system can also effectively
meet the needs of employers who are seeking a qualified pool of skilled
workers, especially in newly emerging and expanding industries and
occupations. Often these employers have limited knowledge of
registered apprenticeship, and therefore, are not utilizing the system
to meet their skilled workplace needs.
Using the existing industries as a point of departure, the time has
come to re-evaluate the current marketing strategy, seek out critical
information from one of our primary customers, "the sponsor," and
create a plan that addresses the very essence of the country today,
growth in newly emerging markets. This growth and the need for skilled
labor, particularly in health care, child care, information technology,
and telecommunications industries, for example, present new
opportunities that have not been fully explored by the American
Registered Apprenticeship System. Also, at this time it is essential
that new approaches incorporate bringing the dislocated worker, the
under-served, and under-represented populations into the system such as
the disabled and disadvantaged.
The Federal Committee On Registered Apprenticeship (FCRA) recommends
that the U.S. Secretary of Labor initiate a marketing outreach strategy
that builds on the successful Registered Apprenticeship Awareness
Initiative, continues to promote registered apprenticeship through
outreach to the dislocated worker, employers, educators, community
organizations, Workplace Investment Boards, governmental entities, and
formalizes the month of October as the annual Registered Apprenticeship
Month.
C.2 PURPOSE
The Bureau of Apprenticeship Training/Apprenticeship Training,
Employer, and Labor Services (BAT/ATELS) in collaboration with the
aforementioned FCRA is seeking a contractor to assist in the
development, design, implementation, and evaluation of an
Apprenticeship Marketing Outreach Pilot Project. The successful
contractor will be expected to help identify occupational areas which
have the greatest growth potential, have skill shortages, and those
industries that would be interested in utilizing the American
Registered Apprenticeship model to address their skilled shortage
needs. The contractor will be expected to assist BAT/ATELS and the
FCRA to identify which industries best lend themselves to being able to
accommodate apprentices that are dislocated, disabled, and
C-1
RFP-DCS-01-16 Section C
disadvantaged. Toward that end, the contractor will identify a
consultant-expert on the "employability of persons with disabilities."
This consultant-expert will be expected to provide training to enable
selected BAT/ATELS staff to sharpen their awareness to the unique
concerns faced by persons with disabilities, and to develop training
materials both written and electronic for use by the apprenticeship
community. Further, the contractor is expected to be engaged in
assisting BAT/ATELS to test and perhaps to redesign pre-existing
outreach materials (i.e., brochures, videos, CD-ROM's, posters,
slogans, web sites, etc.), to determine their real market value. Also,
the contractor will be expected to conduct a series of Focus Group
Discussions with employers, union representatives, and other
stakeholders and partners across the country working in the target
industries previously mentioned to promote training and job
opportunities for the displaced worker, the disadvantaged, and the
disabled.
C.3 TASKS
There are many tasks which are required to insure the success of this
Pilot Demonstration Project. A few of the more salient ones are:
Task One: Meet with principals from BAT/ATELS to develop a timetable,
processes, milestones, and outreach strategies for executing the
contract;
Task Two: The contractor will prepare a summary of the preliminary
meeting which clearly delineates the major essential action items
agreed upon, and the dates for key events, and the need for
coordination. (Copies are to be sent to all who were present at the
meeting);
Task Three: Plan, design, facilitate and evaluate no less than four
Focus Group Discussions with employers, union representatives, and
interested stakeholders and partners from around the country who are
working in those industries previously identified as target industries
for this project;
Task Four: Prepare an assessment of each Forum which captures the
essence of the meeting, and compile a joint comprehensive assessment of
the conclusions and information coming out from all of the Forums;
Task Five: As a result of research conducted, and the information
gathered from the Forums, identify the skill sets and qualifications
necessary to work in the specific industries previously discussed.
Particular emphasis is to be placed on determining those industries and
skill sets most adaptable to placing dislocated workers, the disabled,
and disadvantaged populations in registered apprenticeship programs. In
that regard, the contractor will identify and select a
consultant-expert knowledgeable in the unique concerns and requirements
of persons with disabilities that are seeking training and/or
employment. The consultant-expert will be expected to provide
training to enable selected BAT/ATELS staff to sharpen their awareness
to the unique concerns faced by persons with disabilities, and to
develop training materials both written and electronic for use by the
apprenticeship community.
C-2
RFP-DCS-01-16 Section C
Task Six: Assess current efforts, test market pre-existing marketing
materials, as well as materials under development for Registered
Apprenticeship Awareness Initiatives and make recommendations for
enhancements and greater outreach;
Task Seven: Identify those areas (industries) which appear to have the
greatest potential for growth, have current skilled labor shortages,
and those that would be interested in utilizing the dislocated worker,
and the American Apprenticeship System to address their skilled
shortage needs;
Task Eight: Once new or redesigned outreach marketing materials have
been produced, retest the marketability of those materials utilizing a
larger audience of youth, dislocated workers, apprenticeship sponsors,
potential sponsors, stakeholders, and partners in order to determine if
there has been an increased request for the materials, and if the
materials have generated larger numbers of apprenticeship sponsors;
Task Nine: No later than September 1, 2001, assist BAT/ATELS in
launching a Mass Marketing Campaign with the major intention of
increasing the number of Registered Apprenticeship Programs in newly
emerging markets, as well as those industries which are adaptable for
disadvantaged and disabled populations desiring career enhancement
through registered apprenticeship opportunities;
Task Ten: The contractor will set aside $75,000 in the contract budget
for the specific purpose of utilizing those monies to purchase and
distribute marketing outreach materials already developed, and to
redesign, or create new marketing outreach materials which are to be
distributed widely, and test marketed.
Task Eleven: As a result of the implementation of the Workforce
Investment Act of 1998, and the Congressionally mandated reorganization
of ETA, BAT/ATELS has been directed to put in place a Division of
Employer and Labor Liaison (ELL). Staff in this division will provide
outreach to employers, employer associations, unions and
labor/management organizations. Further, the ELL function will be
implementing a strategy that will provide a coherent and cross cutting
approach to outreach and recruitment that builds partnerships involving
public, private, and non-profit sectors to address the employment and
training needs of various participants (i.e., women, minorities, the
disabled, the disadvantaged, and other dislocated workers), communities
and employers.
The specific goal is to increase the level and number of employers and
labor organizations actively engaged in building, supporting, and using
the Workforce Delivery System; to maximize employer and labor
satisfaction rates with workforce delivery system product lines and
services; and develop and implement a national and regional marketing
strategy of America's Workforce Network targeted to employers, employer
associations, labor, and labor management organizations. The
aforementioned ELL will serve to facilitate communication among State
and local Workforce Investment Boards, One- Stop Centers, and other
workforce development stakeholders, assuring customer input and
feedback for continuous improvement. In that regard, BAT/ATELS desires
C-3
RFP-DCS-01-16 Section C
the assistance of the contractor to coordinate the new cross product
line marketing effort which includes support at both the national and
regional levels to increase the participation by employer and labor
organizations in the workforce development system.
Toward that end, the contractor will be expected to :
> Assist with the development and implementation of a strategy for
outreach and recruitment that builds employer partnerships to address
the employment and training needs of workers, communities, and
employers through the workforce development system;
> Assist in increasing the number of national employers actively
engaged in building, supporting and using the workforce delivery
system. The contractor will work with ATELS and its ELL to research
and identify target industries and companies for National Employer
Partnerships (NEP);
> Work with the ELL to leverage relationships already established with
the Job Corps' National Employer Partners (i.e., the contractor and the
ELL would introduce and involve the NEP's with the larger workforce
development system, including One-Stops, Workforce investment Boards,
and other workforce development stakeholders);
> Assist ATELS to develop a national marketing strategy about America's
Workforce Network that is targeted to employers;
> Develop a brochure that communicates a cohesive and strategically
effective message to employers;
Specific Subtasks for Task #Eleven:
#1 Develop in partnership with ATELS, a strategy for outreach and
recruitment that builds employer partnerships to address the employment
and training needs of workers, communities, and employers through
workforce development systems. This strategy will include research
about targeted industries for potential National Employer Partnerships
(NEP) with ATELS;
#2-Build on the standard National Employer Partnership agreement
developed for the National Office of Job Corps, and adapt it for
targeted NEP's of ATELS;
#3-Utilize the research and strategy developed in task #1, perform
outreach to targeted industries and employers,...obtain no less than
two (2) National Employer Partners for ATELS;
#4-Develop customized implementation plans for each new ATELS NEP.
This plan will delineate how to introduce and involve the ATELS NEP
with the larger workforce development system, including One-Stops,
Workforce investment Boards, and other key stakeholders....and
customize communications plans for each NEP to insure effective
communication within ETA and to key stakeholders, and within the
employer organization;
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RFP-DCS-01-16 Section C
#5-Assist ATELS in developing a national marketing strategy about
America's Workforce Network that is targeted to employers, including a
brochure that communicates a cohesive and strategically effective
message to employers;
#6-Attend a planning meeting with BAT/ATELS staff and the COTR to
discuss the expectations associated with this portion of the
procurement.
Note: BAT/ATELS expects that subtasks # 1 and # 2 will be completed by
September 30, 2001.
Task Twelve: The contractor will coordinate, manage, and evaluate all
phases of contract activity associated with this procurement, and
report to the Project Manager any concerns that may compromise or will
hinder the purpose of this Pilot and Demonstration Grant.
C.4 SPECIAL REQUIREMENTS
The key personnel positions and their required time commitment are
listed as follows:
SENIOR PROJECT MANAGER--One who has demonstrated both knowledge and
experience in Data Analysis, Evaluation, and Research Type Projects.
Further one who has demonstrated the ability to manage hybrid, and or
diverse projects, as well as staff with varied backgrounds and
specialty skill-sets. Time Commitment - 40% to 50%.
Assistant Project Manager for Marketing Outreach (i.e., must have
subject matter knowledge, skills and abilities in marketing). Time
Commitment - Full Time.
Assistant Project Manager for Persons With Disabilities Outreach
Marketing/Job Matches (i.e., must have demonstrated knowledge, skills
and abilities in working for or on behalf of persons with disabilities
to address their training and employment needs). Time Commitment -
between 70% and Full Time.
Note: Both Assistant Project Managers will report directly to the
Senior Project Manager.
C-5
RFP-DCS-01-16 Section D
SECTION D - PACKAGING AND MARKING
[For this Solicitation, there are NO clauses in this Section]
D-1
RFP-DCS-01-16 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
52.246-5 INSPECTION OF APR 1984
SERVICES--COST-REIMBURSEMENT
E-1
RFP-DCS-01-16 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 eighteen (18) months from the date
of contract execution, plus three 1-year options to extend at the
discretion of the government.
F.3 LEVEL OF EFFORT
The level of effort for this project is estimated at between 10 and 12
professional person years. The level of effort for each option period
is equal to the base year plus inflation. The inflation rate will be
determined by the Bureau of Labor Statistics.
F.4 REPORTS/DELIVERABLES
The contractor shall be responsible for submission of reports and
deliverables as described in Section C.3 of the solicitation.
F-1
RFP-DCS-01-16 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
than monthly, unless otherwise so authorized in the contract.
G-1
RFP-DCS-01-16 Section G
(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
RFP-DCS-01-16 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
specified above must be received by the appropriate Government
official 30 days prior to the date such change is to become
effective.
G-3
RFP-DCS-01-16 Section G
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-01-16 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
RFP-DCS-01-16 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
RFP-DCS-01-16 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
RFP-DCS-01-16 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:
- Sr. Project Manager
- Asst. Project Manager for Marketing
- Outreach
- Asst. Project Manager for Persons
- Outreach Marketing/Job Matches
-
H-4
RFP-DCS-01-16 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
RFP-DCS-01-16 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.
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RFP-DCS-01-16 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.
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RFP-DCS-01-16 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
RFP-DCS-01-16 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.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
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RFP-DCS-01-16 Section H
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 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 OPTION TO EXTEND THE TERMS OF THE CONTRACT - SERVICE
(FAR 17.208(g))
1. The Government may extend the terms of this contract by
written notice to the Contractor at least 60 calendar days before
the contract expires. This notice does not commit the Government to
an extension.
2. If the Government exercises this option, the extended
contract shall be considered to include this option provision.
3. The initial period of this contract may be extended by one
year, at estimated costs and indirect costs as follows:
Option
Year Estimated Cost Indirect Cost Total Estimated Cost
1 $.00 $.00 $.00
2 $.00 $.00 $.00
3 $.00 $.00 $.00
The total duration of this contract, including the exercise of any
options under this clause, shall not exceed 5 years.
4. Estimated costs, including any indirect costs, for the options
years shall be determined at the time of contract execution. Any
anticipated deviations from total preestimated option year costs
must be presented to the Contracting Officer in writing, with an
explanation and justification of the anticipated deviation(s), 10
calendar days after receipt of notice by the contractor of the
Government's intention to exercise the option to extend the term of
H-10
RFP-DCS-01-16 Section H
the contract. No deviations from the total pre-established option
years estimated costs shall be permitted without the written consent
of the Contracting Officer. Deviations which would increase the
total pre-established option year estimated costs by more than 10
percent shall not be permitted under any circumstances.
H.26 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.
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.
H-11
RFP-DCS-01-16 Section H
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
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-01-16 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
52.219-14 LIMITATIONS ON SUBCONTRACTING DEC 1996
52.222-3 CONVICT LABOR AUG 1996
52.222-21 PROHIBITION OF SEGREGATED FACILITIES FEB 1999
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
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RFP-DCS-01-16 Section I
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
52.227-2 NOTICE AND ASSISTANCE REGARDING PATENT AUG 1996
AND COPYRIGHT INFRINGEMENT
52.228-7 INSURANCE--LIABILITY TO THIRD PERSONS MAR 1996
52.232-17 INTEREST JUN 1996
52.232-20 LIMITATION OF COST 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 I (APR 1984)
52.244-2 SUBCONTRACTS AUG 1998
ALTERNATE II (AUG 1998)
52.244-5 COMPETITION IN SUBCONTRACTING DEC 1996
52.244-6 SUBCONTRACTS FOR COMMERCIAL ITEMS AND OCT 1998
COMMERCIAL COMPONENTS
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 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)
The Government may require continued performance of any services
within the limits and at the rates specified in the contract. These
rates may be adjusted only as a result of revisions to prevailing
labor rates provided by the Secretary of Labor. The option
provision may be exercised more than once, but the total extension
of performance hereunder shall not exceed 6 months. The Contracting
Officer may exercise the option by written notice to the Contractor
within 60 days.
I.3 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT
(MAR 2000)
(a) The Government may extend the term of this contract by written
notice to the Contractor within 60 days; provided that the
Government gives the Contractor a preliminary written notice of its
intent to extend at least 60 days days before the contract expires.
I-2
RFP-DCS-01-16 Section I
The preliminary notice does not commit the Government to an
extension.
(b) If the Government exercises this option, the extended contract
shall be considered to include this option clause.
(c) The total duration of this contract, including the exercise of
any options under this clause, shall not exceed 54 months.
I.4 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.5 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
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RFP-DCS-01-16 Section I
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.)
(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
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RFP-DCS-01-16 Section I
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
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) The following periods of time will not be included in the
determination of an interest penalty:
(A) The period taken to notify the Contractor of defects in
invoices submitted to the Government, but this may not exceed 7 days
(3 days for meat, meat food products, or fish; 5 days for perishable
agricultural commodities, dairy products, edible fats or oils, and
food products prepared from edible fats or oils).
(B) The period between the defects notice and resubmission
of the corrected invoice by the Contractor.
(C) For incorrect electronic funds transfer (EFT)
information, in accordance with the EFT clause of this contract.
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RFP-DCS-01-16 Section I
(iii) Interest penalties will not continue to accrue after the
filing of a claim for such penalties under the clause at 52.233-1,
Disputes, or for more than 1 year. Interest penalties of less than
$1 need not be paid.
(iv) Interest penalties are not required on payment delays due
to disagreement between the Government and the Contractor over the
payment amount or other issues involving contract compliance or on
amounts temporarily withheld or retained in accordance with the
terms of the contract. Claims involving disputes, and any interest
that may be payable, will be resolved in accordance with the clause
at 52.233-1, Disputes.
(6) Prompt payment discounts. An interest penalty also shall be
paid automatically by the designated payment office, without request
from the Contractor, if a discount for prompt payment is taken
improperly. The interest penalty will be calculated as described in
subparagraph (a)(5) of this clause on the amount of discount taken
for the period beginning with the first day after the end of the
discount period through the date when the Contractor is paid.
(7) Additional interest penalty. (i) a penalty amount,
calculated in accordance with paragraph (a)(7)(iii) of this clause,
shall be paid in addition to the interest penalty amount if the
Contractor--
(A) Is owed an interest penalty of $1 or more;
(B) Is not paid the interest penalty within 10 days after
the date the invoice amount is paid; and
(C) Makes a written demand to the designated payment office
for additional penalty payment, in accordance with paragraph
(a)(7)(ii) of this clause, postmarked not later than 40 days after
the invoice amount is paid.
(ii)(A) Contractors shall support written demands for
additional penalty payments with the following data. No additional
data shall be required. Contractors shall--
(1) Specifically assert that late payment interest is due
under a specific invoice, and request payment of all overdue late
payment interest penalty and such additional penalty as may be
required;
(2) Attach a copy of the invoice on which the unpaid late
payment interest was due; and
(3) State that payment of the principal has been received,
including the date of receipt.
(B) Demands must be postmarked on or before the 40th day
after payment was made, except that--
(1) If the postmark is illegible or nonexistent, the
I-6
RFP-DCS-01-16 Section I
demand must have been received and annotated with the date of
receipt by the designated payment office on or before the 40th day
after payment was made; or
(2) If the postmark is illegible or nonexistent and the
designated payment office fails to make the required annotation, the
demand's validity will be determined by the date the Contractor has
placed on the demand; provided such date is no later than the 40th
day after payment was made.
(iii)(A) The additional penalty shall be equal to 100 percent of
any original late payment interest penalty, except--
(1) The additional penalty shall not exceed $5,000;
(2) The additional penalty shall never be less than $25; and
(3) No additional penalty is owed if the amount of the
underlying interest penalty is less than $1.
(B) If the interest penalty ceases to accrue in accordance
with the limits stated in paragraph (a)(5)(iii) of this clause, the
amount of the additional penalty shall be calculated on the amount
of interest penalty that would have accrued in the absence of these
limits, subject to the overall limits on the additional penalty
specified in paragraph (a)(7)(iii)(A) of this clause.
(C) For determining the maximum and minimum additional
penalties, the test shall be the interest penalty due on each
separate payment made for each separate contract. The maximum and
minimum additional penalty shall not be based upon individual
invoices unless the invoices are paid separately. Where payments are
consolidated for disbursing purposes, the maximum and minimum
additional penalty determination shall be made separately for each
contract therein.
(D) The additional penalty does not apply to payments
regulated by other Government regulations (e.g., payments under
utility contracts subject to tariffs and regulation).
(b) Contract financing payments--(1) Due dates for recurring
financing payments. If this contract provides for contract
financing, requests for payment shall be submitted to the designated
billing office as specified in this contract or as directed by the
Contracting Officer. Contract financing payments shall be made on
the 30th day after receipt of a proper contract financing request by
the designated billing office. In the event that an audit or other
review of a specific financing request is required to ensure
compliance with the terms and conditions of the contract, the
designated payment office is not compelled to make payment by the
due date specified.
(2) Due dates for other contract financing. For advance
payments, loans, or other arrangements that do not involve recurring
submissions of contract financing requests, payment shall be made in
accordance with the corresponding contract terms or as directed by
I-7
RFP-DCS-01-16 Section I
the Contracting Officer.
(3) Interest penalty not applicable. Contract financing payments
shall not be assessed an interest penalty for payment delays.
(c) Fast payment procedure due dates. If this contract contains
the clause at 52.213-1, Fast Payment Procedure, payments will be
made within 15 days after the date of receipt of the invoice.
I.6 52.219-14 LIMITATIONS ON SUBCONTRACTING (DEC 1996)
(a) This clause does not apply to the unrestricted portion of a
partial set-aside.
(b) By submission of an offer and execution of a contract, the
Offeror/Contractor agrees that in performance of the contract in the
case of a contract for --
(1) SERVICES (EXCEPT CONSTRUCTION). At least 50 percent of
the cost of contract performance incurred for personnel shall be
expended for employees of the concern.
(2) SUPPLIES (OTHER THAN PROCUREMENT FROM A NONMANUFACTURER IN
SUCH SUPPLIES). The concern shall perform work for at least 50
percent of the cost of manufacturing the supplies, not including the
cost of materials.
(3) GENERAL CONSTRUCTION. The concern will perform at least 15
percent of the cost of the contract, not inc