Go To Table of Contents
 

 
 
	

 
	
 
	
 
	
 
	
 
	
 
	
 
 
	
 
	 Accounting and Financial Reporting Assistance 
	


 

 
	
 


	 The Department of Labor, Employment and Training Administration (DOL/ETA), Office of Financial and Administrative Services is seeking contractors to provide personnel, material, equipment, and services in order to assist DOL/ETA with (1) general Federal budgetary, accounting, and financial and program reporting tasks and (2) audit and review services, as directed by the Contracting Officer's Technical Representative. 

 

 

    

 

 

 

 
 

 

 
 

 
 You are invited to submit a proposal/bid in accordance with the requirements of the following Solicitation: 

 [ 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. 

 IT IS THE OFFEROR'S RESPONSIBILITY TO CHECK THIS SITE PERIODICALLY FOR OFFICIAL UPDATES/AMENDMENTS TO THE SOLICITATION.		  
 
 
 
 
 
 
 
 
 
  
 
  
 
  Solicitation Number   RFP-DCS-02-21 
 
  Issue Date:  04/17/02 

 

  Due Date:  05/31/2002 

 

  Time:  2:00 p.m. 

 

  Program Office:  DCS 

 

  Contracting Officer:  Keith A. Bond 

 

  Contact Point:
Phone:
Fax:
E-Mail:		   Harry B. Ladson Jr.
 (202) 693-3317
 (202) 693-3846
  hladson@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 C, L, M 
 
  
 
  
 
  
 
 

Back to Table of Contents









SOLICITATION, OFFER AND AWARD


1. THIS CONTRACT IS A RATED ORDER


    UNDER DPAS (15 CFR 700)


RATING



    N/A




PAGE OF PAGES





   1|
   75




2. CONTRACT NUMBER


 


 



 


3. SOLICITATION NUMBER


 


 



 RFP-DCS-02-21


4. TYPE OF SOLICITATION





 
SEALED BID (IFB)





 X
NEGOTIATED (RFP)



5. DATE ISSUED


 


 



 04/17/02


6. REQUISITION/PURCHASE NUMBER


 



 PAR 02-570/HBL



 




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
 
 4 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
 
 05/31/2002 (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


 



 Harry B. Ladson Jr.


B. TELEPHONE (NO COLLECT CALLS)


C. E-MAIL ADDRESS


 



 hladson@doleta.gov




AREA CODE|

NUMBER
|

EXT.





 






11. TABLE OF CONTENTS  
 See Attached Table of Contents




(X)SEC.DESCRIPTIONPAGE(S)(X)SEC.DESCRIPTIONPAGE(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.DATEAMENDMENT 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


 



             $.00


21. ACCOUNTING AND APPROPRIATION



 N/A



 




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



 Divsion of Contract Services



 200 Constitution Avenue, NW



 Room C-4310



 Washington  DC  20210


25. PAYMENT WILL BE MADE BYCODE



 



 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

PART I - THE SCHEDULE

SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS
B.1 TIME AND MATERIALS/LABOR HOUR CONTRACT
B.2 SCHEDULE OF DIRECT LABOR HOUR COSTS
B.3 MINIMUM-MAXIMUM REQUIREMENT

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK
C.1 OBJECTIVE
C.2 INTRODUCTION AND BACKGROUND
C.3 MAJOR TASKS TO BE PERFORMED
C.4 DETAILED TASK REQUIREMENTS (DESCRIPTION OF WORK)
C.5 ORDERS UNDER MULTIPLE AWARD CONTRACTS

SECTION D - PACKAGING AND MARKING
[FOR THIS SOLICITATION, THERE ARE NO CLAUSES IN THIS SECTION]

SECTION E - INSPECTION AND ACCEPTANCE
E.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

SECTION F - DELIVERIES OR PERFORMANCE
F.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE
F.2 PERIOD OF PERFORMANCE
F.3 MINIMUM/MAXIMUM REQUIREMENT
F.4 REPORTS/DELIVERABLES

SECTION G - CONTRACT ADMINISTRATION DATA
G.1 IDENTITY AND AUTHORITY OF THE CONTRACTING OFFICER'S REPRESENTATIVE (GOVERNMENT AUTHORIZED REPRESENTATIVE)
G.2 INVOICE REQUIREMENTS
G.3 METHOD OF PAYMENT

SECTION H - SPECIAL CONTRACT REQUIREMENTS
H.1 BUDGET LINE ITEM FLEXIBILITY
H.2 FRINGE BENEFITS
H.3 VACATIONS, SICK-LEAVE HOLIDAYS
H.4 TRAVEL AND PER DIEM
H.5 USE OF AND PAYMENT TO CONSULTANTS
H.6 UNEMPLOYMENT INSURANCE COST
H.7 ACCOUNTING AND AUDITING SERVICES
H.8 PRINTING
H.9 KEY PERSONNEL
H.10 CONTRACT NUMBER IDENTIFICATION
H.11 SUBMISSION OF CORRESPONDENCE
H.12 OTHER CONTRACTORS
H.13 LAWS APPLICABLE
H.14 DISPOSITION OF MATERIAL
H.15 NONDISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITIES
H.16 FEDERAL REPORTS
H.17 DISCLOSURE OF CONFIDENTIAL INFORMATION
H.18 ELIMINATION OF SEXIST LANGUAGE AND ART WORK
H.19 HAZARDOUS OCCUPATION ORDERS
H.20 INSURANCE REQUIREMENTS (FAR-SUBPART 28.3)
H.21 DATA COLLECTION FOR THE DEPARTMENT OF LABOR
H.22 PERFORMANCE STANDARDS
H.23 RESTRICTION ON USE OF DOL FUNDS FOR LOBBYING
H.24 PUBLICATION OF MATERIALS
H.25 OPTION TO EXTEND THE TERMS OF THE CONTRACT - SERVICE (FAR 17.208(G))
H.26 INDIRECT COSTS
H.27 SPECIAL CONTRACT REQUIREMENTS

PART II - CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES
I.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE
I.2 52.216-18 ORDERING (OCT 1995)
I.3 52.216-19 ORDER LIMITATIONS (OCT 1995)
I.4 52.216-22 INDEFINITE QUANTITY (OCT 1995)
I.5 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)
I.6 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)
I.7 52.232-25 PROMPT PAYMENT (FEB 2002)
I.8 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

SECTION J - LIST OF ATTACHMENTS
J.1 CONTRACT PRICING PROPOSAL COVER SHEET, STANDARD FORM
J.2 STATEMENT OF FINANCIAL CAPABILITY, ETA 8554 (2 PAGES)
J.3 COST CONTRACTOR'S INVOICE, ETA 3100-1 (1 PAGE)
J.4 COST CONTRACTOR'S DETAILED STATEMENT OF COST, ETA 3-2
J.5 PAST PERFORMANCE EVALUATION QUESTIONNAIRE (2 PAGES)
J.6 PAST PERFORMANCE REFERENCE INFORMATION SHEET (2 PAGES)
J.7 ORAL PRESENTATION EVALUATION QUESTIONAIRE (2 PAGES)
J.8 LOADED HOURLY LABOR RATE CHART (1 PAGE)
J.9 VETS-100 - FEDERAL CONTRACTOR VETERANS EMPLOYMENT

PART IV - REPRESENTATIONS AND INSTRUCTIONS

SECTION K - REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS
K.1 NOTICE LISTING SOLICITATION PROVISIONS INCORPORATED BY REFERENCE
K.2 52.204-3 TAXPAYER IDENTIFICATION (OCT 1998)
K.3 52.209-5 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, PROPOSED DEBARMENT, AND OTHER RESPONSIBILITY MATTERS (DEC 2001)
K.4 52.215-6 PLACE OF PERFORMANCE (OCT 1997)
K.5 52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (MAY 2001)
K.6 52.222-18 CERTIFICATION REGARDING KNOWLEDGE OF CHILD LABOR FOR LISTED END PRODUCTS (FEB 2001)
K.7 52.222-22 PREVIOUS CONTRACTS AND COMPLIANCE REPORTS (FEB 1999)
K.8 52.222-25 AFFIRMATIVE ACTION COMPLIANCE (APR 1984)
K.9 52.227-15 STATEMENT OF LIMITED RIGHTS DATA AND RESTRICTED COMPUTER SOFTWARE (MAY 1999)
K.10 SIGNATURE BLOCK

SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS
L.1 NOTICE LISTING SOLICITATION PROVISIONS INCORPORATED BY REFERENCE
L.2 52.216-27 SINGLE OR MULTIPLE AWARDS (OCT 1995)
L.3 52.216-1 TYPE OF CONTRACT (APR 1984)
L.4 52.233-2 SERVICE OF PROTEST (AUG 1996)
L.5 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)
L.6 PAST PERFORMANCE
L.7 ORAL PRESENTATION
L.8 SUBMISSION OF PROPOSAL
L.9 LETTERS OF COMMITMENT - KEY PERSONNEL, (OCT 2000)
L.10 CONFIRMATION OF PROPOSED KEY PERSONNEL (OCT 2000)
L.11 REQUEST FOR CLARIFICATION (RFC)

SECTION M - EVALUATION FACTORS FOR AWARD
M.1 NOTICE LISTING SOLICITATION PROVISIONS INCORPORATED BY REFERENCE
M.2 BASIS FOR AWARD (BEST VALUE)
M.3 EVALUATION CRITERIA AND BASIS FOR AWARD (BEST VALUE)
M.4 DETERMINING BEST OVERALL VALUE


PART I - THE SCHEDULE



SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS




Back to Table of Contents


Title: Accounting and Financial Reporting Assistance

The purpose of this project is to provide personnel, material, equipment, and services in order to assist the Employment and Training Administration, Office of Financial and Administrative Services with (1) general Federal budgetary, accounting, financial and program reporting tasks and (2) audit and review services.

Solicitation No. is RFP-DCS-02-21.

Period of Performance is 12 months from the date of contract execution by the government with three (3) 1-year options to extend at the discretion of the government.

This solicitation is a 100% Small Business Set-Aside. It is anticipated that two contracts will be awarded under this solicitation. However, the Government reserves the right to award more than two contracts or to award only one contract under this solicitation.

The North American Industry Classification System (NAICS) Code is 541219, with a $7 million size standard.

Pursuant to FAR 52.215-1 Instructions to Offerors-Competitive Acquisition ((f)(4) Contract Award), if the Contracting Officer determines that the number of proposals that would otherwise be in the competitive range exceeds the number at which an efficient competition can be conducted, the Contracting Officer may limit the number of proposals in the competitive range to the greatest number that will permit an efficient competition among the most highly rated proposals.

Indefinite Delivery/Indefinite Quantity/task order type contracts are contemplated being awarded under this solicitation. Pursuant to FAR part 16.505(b), the Contracting Officer will provide each awardee a fair opportunity to be considered for each task order exceeding $2,500 issued under this award.

There are no incumbent contractors.


B.1 TIME AND MATERIALS/LABOR HOUR CONTRACT



This contract shall be considered to be a Time and Materials/Labor Hour Indefinite Quantity solicitation. Offerors must submit proposed direct loaded labor hourly rates as outlined below. Separate rates must be submitted for each individuals proposed under each labor category. Offers should include in their proposals a copy of their unburdened hourly labor rates for schedule contracts with the General Services Administration. Other direct costs shall be reimbursed separately.

B.2 SCHEDULE OF DIRECT LABOR HOUR COSTS



 
LABOR CATEGORY     Loaded Hourly Rate  Base Year  Option 	Option 	Option
							Year 1  Year 2  Year 3
 
Partner
Manager
Senior Associate
Junior Associate

Individual rates should be submitted for the base year, and each option year. Actual rates proposed for each task order shall not exceed those negotiated in the base and each option year. Prior approval must be received by the Contracting Officer to exceed the negotiated rates. Salary escalations shall not exceed 4.1% per year. (See J.9 for example of price submission.)

B.3 MINIMUM-MAXIMUM REQUIREMENT



The Government guarantees a minimum of five task orders or $2,500 per year; whichever is less.

Please Note: Offerors should include in their proposals a copy of their unburdened hourly labor rates for contracts with the General Services Administration (See Attachment J.9).

Closing time and date are May 31, 2002, at 2:00 p.m. eastern standard time.

Requests for Clarification and offerors interested in networking and/or being placed on a bidders list for the above referenced RFP, please provide the Name and Address of Organization; Telephone Number; and Point of Contact. This information is to be submitted electronically to Harry B. Ladson Jr. at hladson@doleta.gov, by 2:00 p.m., May 3, 2002. Only electronic submission of requests will be accepted. 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 clarifications in response to telephone calls from offerors. All requests will be answered electronically and will be available to all offerors at www.fedbizopps.gov and http://www.doleta.gov/sga/rfp.cfm.

Please be advised that it is the sole responsibility of the offeror to continually view the websites for any amendments to this solicitation.


Back to Table of Contents


SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK





Back to Table of Contents



C.1 OBJECTIVE



To provide the personnel, material, equipment, and services in order to assist the Employment and Training Administration (ETA), Office of Financial and Administrative Services (OFAS) with (1) general Federal budgetary, accounting, and financial and program reporting tasks and (2) audit and review services, as directed by the Contracting Officer's Technical Representative (COTR).

C.2 INTRODUCTION AND BACKGROUND



The ETA, an agency of the U.S. Department of Labor (DOL), administers approximately $11 billion in program (July 1 to June 30) and fiscal year (October 1 to September 30) appropriation accounts including, Training and Employment Services; Community Service Employment for Older Americans; State Unemployment Insurance and Employment Service Operations; Federal Unemployment Benefits and Allowances; and Program Administration. These appropriations are components of a partnership of Federal, state and local governments and other entities that operate and oversee programs designed to assist current and future American workers reach their skills and earnings potential, and aids America's employers with access to skilled workers.

The ETA, OFAS is responsible for budget formulation and execution, accounting, managing, financial and program results reporting, and administrative functions for all ETA appropriations. Principal activities within each of these areas include: preparation and submission of ETA, DOL, Office of Management and Budget, Presidential, and Congressional budget documents; briefing, appropriation, and testimony materials; preparation of apportionments, allotments, agency allocations; general Federal accounting services, such as the obligation of funds, payment of vendor invoices, and recording of cost information from ETA grantees; preparation and review of all information to meet external financial reporting requirements, including, financial statement requirements under the Chief Financial Officer's Act of 1990, as amended, SF-224, Statement of Transactions (SF-224) for all ETA Agency Location Codes (ALC), SF-133, Report on Budget Execution (SF-133), FMS Form 2108, Year End Closing Statement (FMS 2108), Federal Agencies Centralized Trial Balance System (FACTS), Capitalized Asset Tracking and Reporting System (CATARS) and all other ETA capitalized asset reporting requirements, and SF-220-9, Report on Receivables Due from the Public (SF-220-9); and reporting requirements under the Government Performance and Results Act of 1993, as amended (GPRA).

To administer, manage, account for, and report on ETA's appropriations, programs and activities, the ETA, OFAS deploys the: DOL's Department of Labor Accounting and Related System (DOLAR$); two of its subsystems, the Accounts Receivable Subsystem and CATARS; The U.S. Department of Health and Human Services (HHS), Payment Management System (PMS); Enterprise Information Management System (EIMS); and several personal computer based software programs that generate budgetary, accounting, and financial reporting information, such as V, a combination file viewer and directory browser; Monarch, a data access tool to view, print, analyze, and extract data from existing DOLAR$ reports; Hyperion Reporting for Essbase, a three dimensional graphical report builder; and BRIO, a three dimensional graphical report builder.

C.3 MAJOR TASKS TO BE PERFORMED



The contractor(s) shall provide management and technical personnel with the necessary experience and skills to (1) perform day-to-day Federal budgetary, accounting, and financial and program results in support of the ETA, OFAS and (2) conduct and report on audit, attestation, review, or compilation services conducted in accordance with Government Auditing Standards (GAS) and Generally Accepted Auditing Standards (GAAS), Standards for Attestation Engagements (SAE), or Standards on Accounting and Review Services (SARS), as applicable. Generally, the major tasks to be performed under this contract may include assistance with the following services:

1. Assistance in budget formulation, funds management, control, and analysis of apportionments, allotments, agency allocations, budget execution, and availability, commitment, obligation, expenditure and disbursement of agency funds.

2. Standard General Ledger, disbursement, and receipt management, including maintenance, updating, analysis, reconciliation, and transaction adjustment.

3. Interim and program and fiscal year-end support, financial analysis, reconciliation, and reporting related to principally ETA's CFO Act financial statement preparation; SF-224; SF-6652, Statement of Differences; disbursement and receipt activity between the DOLAR$ and HHS, PMS; SF-133; FMS 2108; FACTS; CATARS; SF-220-9; ETA grantee cost reporting via the EIMS; and reporting requirements under the GPRA.

4. Document, evaluate, and make recommendations for improvement to existing policies, procedures, automated systems, and internal controls deployed by the ETA, OFAS to record, manage, account for, and report on ETA financial activities, principally the commitment, obligation, disbursement, and receipt of agency funds, reporting and recording of ETA cost information, analysis and reconciliation of Funds with Treasury between the DOLAR$, HHS, PMS, and U.S. Department of the Treasury systems, debt management activities, and property, plant, and equipment.

5. At the direction of the COTR, perform other budgetary, accounting, and financial and program reporting functions, duties, and responsibilities as may be necessary in relation to and in support of the ETA, OFAS.

6. At the direction of the COTR and pursuant to specific task orders issued under this contract, perform and report on audit, attestation, review, or compilation services conducted in accordance with GAS and GAAS, SAE, or SARS, as applicable. These services will include primarily grant and contract pre-award and Federal Managers' Financial Integrity Act of 1982 engagements.

C.4 DETAILED TASK REQUIREMENTS (DESCRIPTION OF WORK)



This is an indefinite quantity contract upon which tasks orders will be placed by written orders from the Contracting Officer. Pursuant to FAR part 16.505(b), the Contracting Officer will provide each awardee a fair opportunity to be considered for each task order exceeding $2,500 issued under this award. The Contracting Officer has broad discretion in developing appropriate task order placement procedures. The Contracting Officer is not required to contact each awardee under this award before selecting a task order awardee if the Contracting Officer has information available to ensure that each awardee is provided a fair opportunity to be considered for each task order. The Contracting Officer will:

 
1. Develop placement procedures that will provide each awardee a fair
   opportunity to be considered for each task order and that reflect
   the requirement and other aspects of the contracting environment;
2. Not use any method (such as allocation or designation of preferred
   awardee) that would not result in fair consideration being given to
   all awardees prior to placing each task order;
3. Tailor the procedures to each acquisition;
4. Include all procedures in the solicitation and the contract; and
5. Consider price or cost under each order as one of the factors in
   the selection decision.

The offeror is hereby notified:

 
1. The offeror shall submit to the Contracting Officer a proposed budget
   for the task within five (5) days of placement of the order.
2. The proposed budget shall be developed using actual loaded hourly rates
   for personnel within each labor category.
3. Price shall be negotiated for each individual order and shall result
   either in a fixed price or a cost reimbursement type task order.
4. The agreed upon task order price shall not be exceeded without prior
   written approval from the Contracting Officer.
5. Until a task order is executed by the Contracting Officer, work
   shall not begin.
6. No task order under this contract may have a total price greater than
   $500,000.  The aggregate price of this contract for all tasks in one
   year shall not exceed $2,000,000.
 

  C.5  ORDERS UNDER MULTIPLE AWARD CONTRACTS

 
The following are examples of evaluation factors that will be used in
determining which awardee represents the best overall value to the
Government:
 
Evaluation Factors
 
1.  Technical Approach
 
2.  Understanding
 
3.  Past Performance
 
4.  Price/Cost
 
Please be advised that the Government reserves the right to change its
evaluation factors.
 
The Government will use one of the following source selection processes:
 
1.  Tradeoff Process: When it is in the best interest of the government to
consider award to other than the lowest priced offeror or other than the
highest technically rated offeror.
 
2.  Lowest Price Technically Acceptable:  When best value is expected to result
from selection of the technically acceptable proposal with the lowest evaluated
price.  Tradeoffs will not be permitted.
 
3.  Sole Source:  When only one awardee is capable of providing the supplies
or services required at the level of quality required.  Also in the interest
of economy and efficiency as a logical follow-on to an order already issued
under the contract, provided that all awardees were given a fair opportunity
to be considered for the original order.
 
In order to complete individual task orders, the above factors are examples
of the evaluation factors to be used in determining which of the two awardees
represent the best overall value to the government.  They are not to be
confused with the Evaluation Factors listed in Section M.3 which determines the
offerors to be selected for award.

Back to Table of Contents


 

                     SECTION D - PACKAGING AND MARKING

Back to Table of Contents




[FOR THIS SOLICITATION, THERE ARE NO CLAUSES IN THIS SECTION]





Back to Table of Contents


SECTION E - INSPECTION AND ACCEPTANCE





Back to Table of Contents

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 INFORPORATED BY REFERENCE" in Section I of this contract. See FAR 52-252-2 for an internet address (is specified) for electronic access to the full text of a clause.

 
     FAR
     NUMBER          TITLE                                    DATE
 
 
	52.246-6	INSPECTION-TIME-AND-MATERIAL AND	MAY 2001
			LABOR-HOUR
			ALTERNATE I (APR 1984)

Back to Table of Contents

 

                   SECTION F - DELIVERIES OR PERFORMANCE

Back to Table of Contents



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 INFORPORATED BY REFERENCE" in Section I of this contract. See FAR 52-252-2 for an internet address (is specified) for electronic access to the full text of a clause.

 
     FAR
     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 twelve (12) months from the date of contract execution, plus three 1-year options to extend at the discretion of the government.

F.3 MINIMUM/MAXIMUM REQUIREMENT



The Government guarantees a minimum of five (5) task orders or $2,500; whichever is less for each year of the contract.

F.4 REPORTS/DELIVERABLES



The contractor shall 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 may will be held on the task and/of final; reports on each task order. Many of the task under this contract are open-ended and process oriented. They may involve the provision of support and technical assistance for the improvement of employment and training programs through the country. However, the contractor will need to demonstrate progress in performance of each of the tasks required in the individual task orders, as follows:

1. All contractor developed material, including but not limited to, reports, analyses, schedules, spreadsheets, documentation, reference material, management plans, technical studies, technology assessments, computer graphics, presentations, and similar products, and any other documentation prepared on behalf of the ETA.

2. Periodic progress reports on activities conducted/completed. Due: As required/directed, but no less than quarterly.

3. Provide technical support to activities currently underway in ETA. Due: As required/directed.

4. Perform tasks set forth in the additional task order. Due: As required by ETA.

5. Provide progress reports to the project officer on all on-going work, including the identification of problems and corrective action plans, and other reports as the project officer shall request. Due: As required/directed, but no less than quarterly.

The above dates are negotiable and may change during the course of the contract period.

Back to Table of Contents


SECTION G - CONTRACT ADMINISTRATION DATA





Back to Table of Contents



G.1 IDENTITY AND AUTHORITY OF THE CONTRACTING OFFICER'S REPRESENTATIVE (GOVERNMENT AUTHORIZED REPRESENTATIVE)



(A) The authorized representative of the Contracting Officer is To Be Determined 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.

Back to Table of Contents



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.

(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 N-4702
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.

Back to Table of Contents



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 (ACH)), 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.

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

Back to Table of Contents


SECTION H - SPECIAL CONTRACT REQUIREMENTS





Back to Table of Contents



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.

Back to Table of Contents



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.

Back to Table of Contents



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.

Back to Table of Contents



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.

Back to Table of Contents



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.

Back to Table of Contents



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.

Back to Table of Contents



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.

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.

Back to Table of Contents



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.

Back to Table of Contents



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 ETA, OFAS expects that Key Personnel proposed in all labor categories will be assigned to work under the contract during the performance period. Therefore, only Key Personnel who will be available to work under the contract should be included in the proposal. 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:
 
                               - Partner
                               - Manager
                               - Senior Associate
                               - Junior Associate
                               - 
                               -

Back to Table of Contents



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.

Back to Table of Contents



H.11 SUBMISSION OF CORRESPONDENCE



All correspondence relating to contractual aspects shall be directed to the Division of Contract Services: Attention: Contracting Officer.

Back to Table of Contents



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.

Back to Table of Contents



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.

Back to Table of Contents



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.

Back to Table of Contents



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.

Back to Table of Contents



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.

Back to Table of Contents



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.

Back to Table of Contents



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.

(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.

Back to Table of Contents



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.

Back to Table of Contents



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. Workers' Compensation - In the amounts required by State law or the United States Longshoremen'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 Workers' 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:

"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.

Back to Table of Contents



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.

Back to Table of Contents



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.

Back to Table of Contents



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.

Back to Table of Contents



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."

Back to Table of Contents



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
   4  $.00 $.00 $.00

The total duration of this contract, including the exercise of any options under this clause, shall not exceed 4 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 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.

Back to Table of Contents




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.

                             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-1310
          Washington, D.C.  20210
          Tel. (202) 693-4102
 
                  (End of Clause)

H.27 SPECIAL CONTRACT REQUIREMENTS



1. All offerors including all offerors in each proposal , i.e., Joint Ventures or Prime and Sub-contractor relationships must be Certified Public Accounting firms in good standing with the American Institute of Certified Public Accountants and the state(s) in which they are licensed to practice public accounting. Each proposal should include a copy of each firm's most recent peer review report. Failure to provide this information shall result in the offeror's proposal being determined unacceptable and therefore eliminated from the competition.

3. Offerors under contract currently with the DOL, Office of Inspector General (OIG) may submit a proposal in response to this Request For Proposal (RFP). However, any offeror under contract currently with the DOL, OIG who is awarded a contract under this RFP shall agree not to perform any services for the DOL, OIG related or pertaining to the DOL during the performance period of this contract award.


Back to Table of Contents



PART II - CONTRACT CLAUSES



SECTION I - CONTRACT CLAUSES




Back to Table of Contents



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                               DEC 2001

    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
	
    52.211-5        MATERIAL REQUIREMENTS                     AUG 2000

    52.215-2        AUDIT AND RECORDS--NEGOTIATION            JUN 1999

    52.215-8        ORDER OF PRECEDENCE--UNIFORM CONTRACT     OCT 1997
                    FORMAT
	
    52.215-14       INTEGRITY OF UNIT PRICES                  OCT 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

    52.222-1        NOTICE TO THE GOVERNMENT OF LABOR         FEB 1997
                    DISPUTES
	
    52.222-19       CHILD LABOR - COOPERATION WITH            DEC 2001
                    AUTHORITIES AND REMEDIES
	
    52.222-20       WALSH-HEALEY PUBLIC CONTRACTS ACT         DEC 1996

    52.222-21       PROHIBITION OF SEGREGATED FACILITIES      FEB 1999

    52.222-26       EQUAL OPPORTUNITY                         FEB 1999

    52.222-35       EQUAL OPPORTUNITY FOR SPECIAL DISABLED    DEC 2001
                    VETERANS, OF THE VIETNAM ERA, AND OTHER
                    ELIGIBLE VETERANS
	
    52.222-36       AFFIRMATIVE ACTION FOR WORKERS WITH       JUN 1998
                    DISABILITIES
	
    52.222-37       EMPLOYMENT REPORTS ON SPECIAL DISABLED    DEC 2001
                    VETERANS, VETERANS OF THE VIETNAM ERA,
                    AND OTHER ELIGIBLE VETERANS
	
    52.222-38       COMPLIANCE WITH VETERANS' EMPLOYMENT      DEC 2001
                    REPORTING REQUIREMENTS
	
    52.223-6        DRUG-FREE WORKPLACE                       MAY 2001

    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
	
    52.227-14       RIGHTS IN DATA--GENERAL                   JUN 1987

    52.232-7        PAYMENTS UNDER TIME-AND-MATERIALS AND     FEB 2002
                    LABOR-HOUR CONTRACTS
	
    52.232-17       INTEREST                                  JUN 1996

    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

    52.242-1        NOTICE OF INTENT TO DISALLOW COSTS        APR 1984

    52.242-3        PENALTIES FOR UNALLOWABLE COSTS           MAY 2001

    52.242-4        CERTIFICATION OF FINAL INDIRECT COSTS     JAN 1997

    52.242-13       BANKRUPTCY                                JUL 1995

    52.243-3        CHANGES--TIME-AND-MATERIALS OR            SEP 2000
                    LABOR-HOURS
	
    52.244-6        SUBCONTRACTS FOR COMMERCIAL ITEMS         DEC 2001

    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
                    ALTERNATE IV (SEP 1996)
	
    52.249-14       EXCUSABLE DELAYS                          APR 1984

    52.253-1        COMPUTER GENERATED FORMS                  JAN 1991


I.2 52.216-18 ORDERING (OCT 1995)



(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from the effective date of the contract through the end of the effective period.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.


Back to Table of Contents



I.3 52.216-19 ORDER LIMITATIONS (OCT 1995)



(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than , the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor--

(1) Any order for a single item in excess of ($750,000);

(2) Any order for a combination of items in excess of ($2,000,000);

(3) A series of orders from the same ordering office within 1 day that together call for quantities exceeding the limitation in subparagraph (b)(1) or (2) above.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) above.

(d) Notwithstanding paragraphs (b) and (c) above, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 5 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.


Back to Table of Contents



I.4 52.216-22 INDEFINITE QUANTITY (OCT 1995)



(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum."

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after .


Back to Table of Contents



I.5 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.


Back to Table of Contents



I.6 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 30 days before the contract expires. 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 4.


Back to Table of Contents



I.7 52.232-25 PROMPT PAYMENT (FEB 2002)



Notwithstanding any other payment clause in this contract, the Government will make invoice payments under the terms and conditions specified in this clause. The Government considers payment as being made on the day a check is dated or the date of an electronic funds transfer (EFT). Definitions of pertinent terms are set forth in sections 2.101, 32.001, and 32.902 of the Federal Acquisition Regulation. All days referred to in this clause are calendar days, unless otherwise specified. (However, see paragraph (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 paragraphs (a)(2) and (c) of this clause, the due date for making invoice payments by the designated payment office is the later of the following two events:

(A) The 30th day after the designated billing office receives a proper invoice from the Contractor (except as provided in paragraph (a)(1)(ii) of this clause).

(B) The 30th day after Government acceptance of supplies delivered or services performed. For a final invoice, when the payment amount is subject to contract settlement actions, acceptance is deemed to occur 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 is the 30th day after the date of the Contractor's invoice, provided the designated billing office receives a proper invoice and there is no disagreement over quantity, quality, or Contractor compliance with contract requirements.

(iii) If the contract does not require submission of an invoice for payment (e.g., periodic lease payments), the due date will be as specified in the contract.

(2) Contractor's invoice. The Contractor shall prepare and submit invoices to the designated billing office specified in the contract. A proper invoice must include the items listed in paragraphs (a)(3)(i) through (a)(3)(x) of this clause. If the invoice does not comply with these requirements, the designated billing office will return it within 7 days after receipt (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), with the reasons why it is not a proper invoice. The Government will take into account untimely notification when computing any interest penalty owed the Contractor.

(i) Name and address of the Contractor. (ii) Invoice date and invoice number. (The Contractor should 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, discount for prompt payment 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 notify in the event of a defective invoice.

(viii) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(ix) Electronic funds transfer (EFT) banking information. (A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision (e.g., 52.232- 38, Submission of Electronic Funds Transfer Information with Offer), contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer--Central Contractor Registration, or 52.232-34, Payment by Electronic Funds Transfer--Other Than Central Contractor Registration), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(x) Any other information or documentation required by the contract (e.g., evidence of shipment).

(4) Interest penalty. The designated payment office will pay an interest penalty automatically, 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, the designated payment office may make payment on the following working day without incurring a late payment interest penalty.

(i) The designated billing office received a proper invoice. (ii) The Government processed a receiving report or other Government documentation authorizing payment, 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 Government will compute the interest penalty in accordance with the Office of Management and Budget prompt payment regulations at 5 CFR part 1315.

(i) For the sole purpose of computing an interest penalty that might be due the Contractor, Government acceptance is deemed to occur constructively on the 7th day (unless otherwise specified in this contract) after the Contractor delivers the supplies or performs 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. If actual acceptance occurs within the constructive acceptance period, the Government will base the determination of an interest penalty 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 prompt payment regulations at 5 CFR 1315.10(c) do not require the Government to pay interest penalties if payment delays are 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. The Government and the Contractor shall resolve claims involving disputes and any interest that may be payable in accordance with the clause at FAR 52.233-1, Disputes.

(6) Discounts for prompt payment. The designated payment office will pay an interest penalty automatically, without request from the Contractor, if the Government takes a discount for prompt payment improperly. The Government will calculate the interest penalty in accordance with the prompt payment regulations at 5 CFR part 1315.

(7) Additional interest penalty. (i) The designated payment office will pay a penalty amount, calculated in accordance with the prompt payment regulations at 5 CFR part 1315 in addition to the interest penalty amount only if--

(A) The Government owes an interest penalty of $1 or more; (B) The designated payment office does not pay the interest penalty within 10 days after the date the invoice amount is paid; and

(C) The Contractor 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) The Contractor shall support written demands for additional penalty payments with the following data. The Government will not request any additional data. The Contractor 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 is due; and

(3) State that payment of the principal has been received, including the date of receipt.

(B) If there is no postmark or the postmark is illegible-- (1) The designated payment office that receives the demand will annotate it with