The US Department of Labor, Employment and Training Administration (DOLETA) is
soliciting proposals to select a contractor to provide Management and Support
(Project Management) to ETA's Division of Foreign Labor Certification (DFLC). The
successful offeror will provide the DFLC with a broad range of managment support
services and technical assistance to assist the Division in planning, designing,
implementing, and monitoring an operational plan directed towards eliminating
a large backlog of foreign labor cetification applications.
Table of Contents Page
PART I - THE SCHEDULE B-1
SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS B-1
SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK C-1
C.1 PURPOSE C-1
C.2 BACKGROUND C-1
C.3 OPERATIONAL PLAN C-2
C.4 PROJECT DESCRIPTION/SPECIFIC TASKS C-2
C.5 STAFFING C-5
C.6 KEY STAFF C-5
C.7 FOOTNOTES 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
SECTION F - DELIVERIES OR PERFORMANCE F-1
F.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE F-1
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
REPRESENTATIVE (GOVERNMENT AUTHORIZED REPRESENTATIVE) G-1
G.2 INVOICE REQUIREMENTS G-1
G.3 METHOD OF PAYMENT G-2
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-1
H.5 USE OF AND PAYMENT TO CONSULTANTS H-2
H.6 UNEMPLOYMENT INSURANCE COST H-2
H.7 ACCOUNTING AND AUDITING SERVICES H-3
H.8 PRINTING H-3
H.9 KEY PERSONNEL H-3
H.10 CONTRACT NUMBER IDENTIFICATION H-4
H.11 SUBMISSION OF CORRESPONDENCE H-4
H.12 OTHER CONTRACTORS H-4
H.13 LAWS APPLICABLE H-4
H.14 DISPOSITION OF MATERIAL H-4
H.15 NONDISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITIES H-4
H.16 FEDERAL REPORTS H-5
H.17 DISCLOSURE OF CONFIDENTIAL INFORMATION H-5
H.18 ELIMINATION OF SEXIST LANGUAGE AND ART WORK H-5
H.19 HAZARDOUS OCCUPATION ORDERS H-6
H.20 INSURANCE REQUIREMENTS (FAR-SUBPART 28.3) H-6
H.21 DATA COLLECTION FOR THE DEPARTMENT OF LABOR H-7
H.22 PERFORMANCE STANDARDS H-7
H.23 RESTRICTION ON USE OF DOL FUNDS FOR LOBBYING H-7
H.24 PUBLICATION OF MATERIALS H-7
H.25 OPTION TO EXTEND THE TERMS OF THE CONTRACT - SERVICE
(FAR 17.208(G)) H-8
H.26 INDIRECT COSTS H-8
PART II - CONTRACT CLAUSES I-1
SECTION I - CONTRACT CLAUSES I-1
I.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE I-1
I.2 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT
(MAR 2000) I-2
I.3 52.232-25 PROMPT PAYMENT (FEB 2002)
ALTERNATE I (FEB 2002) I-3
I.4 52.232-35 DESIGNATION OF OFFICE FOR GOVERNMENT RECEIPT OF
ELECTRONIC FUNDS TRANSFER INFORMATION (MAY 1999) I-6
I.5 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) I-6
I.6 52.219-14 LIMITATIONS ON SUBCONTRACTING (DEC 1996) I-7
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
J.10 PRICEWATERHOUSECOOPERS REPORT html format MS Word format J-1
J.11 TECHNOLOGY MANAGEMENT SERVICES REPORT html format
pdf format J-1
PART IV - REPRESENTATIONS AND INSTRUCTIONS K-1
SECTION K - REPRESENTATIONS, CERTIFICATIONS AND
OTHER STATEMENTS OF OFFERORS K-1
K.1 NOTICE LISTING SOLICITATION PROVISIONS INCORPORATED
BY REFERENCE K-1
K.2 52.204-3 TAXPAYER IDENTIFICATION (OCT 1998) K-1
K.3 52.209-5 CERTIFICATION REGARDING DEBARMENT, SUSPENSION,
PROPOSED DEBARMENT, AND OTHER RESPONSIBILITY MATTERS
(DEC 2001) K-2
K.4 52.215-6 PLACE OF PERFORMANCE (OCT 1997) K-3
K.5 52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS
(APR 2002) K-4
K.6 52.222-18 CERTIFICATION REGARDING KNOWLEDGE OF CHILD
LABOR FOR LISTED END PRODUCTS (FEB 2001) K-6
K.7 52.222-22 PREVIOUS CONTRACTS AND COMPLIANCE REPORTS
(FEB 1999) K-6
K.8 52.222-25 AFFIRMATIVE ACTION COMPLIANCE (APR 1984) K-7
K.9 52.227-15 STATEMENT OF LIMITED RIGHTS DATA AND
RESTRICTED COMPUTER SOFTWARE (MAY 1999) K-7
K.10 SIGNATURE BLOCK K-9
SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS L-1
L.1 NOTICE LISTING SOLICITATION PROVISIONS INCORPORATED
BY REFERENCE L-1
L.2 52.204-6 DATA UNIVERSAL NUMBERING SYSTEM (DUNS) NUMBER
(JUN 1999) L-1
L.3 52.216-1 TYPE OF CONTRACT (APR 1984) L-2
L.4 52.227-6 ROYALTY INFORMATION (APR 1984) L-2
L.5 52.233-2 SERVICE OF PROTEST (AUG 1996) L-2
L.6 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY
REFERENCE (FEB 1998) L-3
L.7 PAST PERFORMANCE L-3
L.8 ORAL PRESENTATION L-4
L.9 SUBMISSION OF PROPOSAL L-7
L.10 SPECIAL REQUIREMENTS L-10
L.11 REQUEST FOR CLARIFICATION (RFC) L-10
SECTION M - EVALUATION FACTORS FOR AWARD M-1
M.1 NOTICE LISTING SOLICITATION PROVISIONS INCORPORATED
BY REFERENCE 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-5
PART I - THE SCHEDULE
SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS
Title: "Management and Support to DOL/ETA's Division of Foreign Labor Certification"
The United States Department of Labor, Employment and Training Administration, is soliciting proposals to select a contractor to provide Management and Support (Project Management) to ETA's Division of Foreign Labor Certification (DFLC). The successful offeror will provide the DFLC with a broad range of management support services and technical assistance to assist the Division in planning, designing, implementing, and monitoring, an operational plan directed towards elimination of a large backlog of foreign labor certification applications.
Solicitation No. is RFP-DCS-03-34.
This solicitation is a 100% Small Business Set-Aside.
The period of performance will be twenty-four (24) months from the date of contract execution plus two 1-year options to be exercised at the Government's discretion.
The North American Industry Classification System (NAICS) Code is 541611, with a $6 million size standard.
A cost reimbursement plus fixed fee type of contract is contemplated being awarded under this solicitation.
THE RECEIPT OF PROPOSAL DATE IS JULY 14, 2003, 2:00 PM LOCAL TIME.
REQUESTS FOR CLARIFICATION (RFC) MUST BE RECEIVED NO LATER THAN JUNE 20, 2003, 5:00 P.M. LOCAL TIME.
Only electronic submission of requests will be accepted. They shall be submitted to Jillian Matz at matz.jillian@dol.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 the RFC raises an issue of significant importance, the Government will respond electronically.
The Government will not provide any information concerning requests for clarification in response to telephone calls from offerors. All requests will be answered electronically and provided to all offerors at the DOL/ETA internet site, http://www.doleta.gov/sga/rfp.cfm.
SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK
C.1 PURPOSE
The Department of Labor, Employment and Training Administration (DOL/ETA) is soliciting proposals to select a contractor to provide Management and Support (Project Management) to ETA's Division of Foreign Labor Certification (DFLC). The successful offeror will provide the DFLC with a broad range of management support services and technical assistance to assist the Division in planning, designing, implementing, and monitoring, an operational plan directed towards elimination of a large backlog of foreign labor certification applications. The operational plan for backlog elimination will consist of one or more large scale contracted efforts to establish application-processing facilities for backlog elimination. The successful offeror will work cooperatively with State, local, and Federal officials and other federal contractors and consultants in accomplishing the mission.
C.2 BACKGROUND
The DOL/ETA administers a Permanent Labor Certification program wherein employers apply for approval to hire permanent foreign workers to fill positions that the employer certifies it has been unable to recruit qualified U.S. citizens. DOL's approval of the employer's application becomes a certification to the Department of Homeland Security, Bureau of Citizenship and Immigration Services (BCIS) that there are no qualified U. S. workers available and willing to accept the job at the prevailing wage for that occupation and at the intended location. Upon DOL issuing a certification, an employer may then file an Immigrant Petition for an Alien Worker with the BCIS on behalf of the foreign worker, attaching the approved labor certification. Denied applications can be appealed to the Board of Alien Labor Certification Appeals (BALCA).
Applications submitted by employers for permanent labor certification originate at the State level through State Workforce Agencies (SWAs). Once the SWA has completed their processing of the application, the application is forwarded to a DOL regional office for final review and certification or denial, whichever is appropriate. By law and regulation a Federal official must make the final determination on whether to certify or deny.
The Permanent Labor Certification program has historically operated under the burden of a very large backlog of cases. This backlog has grown through a continuing increase in normal applications and has been exacerbated on several occasions by reinstatement of section 245(i) of the Immigration and Naturalization Act (INA). Section 245(i) allows aliens physically in the U. S. to apply for an adjustment of status to that of an alien lawfully admitted to the U. S. if an application for permanent status was submitted to the Department of Labor without being subject to certain other penalties included in the INA. This provision has been reinstated by the Congress on several occasions and has resulted in a large influx of cases and subsequent increase to the backlog.
The current size of the backlog is approximately 300,000 applications. Because of this large backlog, the Permanent Labor Certification program has been identified in the President's "Blueprint for a New Beginning" as a program seriously in need of improvement. To address this concern, a major restructuring of the certification process will be implemented with the introduction of the Program Electronic Review Management System (PERM) during the latter part of calendar year 2003. However, the backlog of applications filed under current regulations must still be processed under the old rules and within the existing system.
In order to get a better understanding of the size and makeup of the existing backlog and to identify ways and means to address the backlog, ETA commissioned a high-level management review of the current system. The major purposes of this review were to identify potential improvements in the current process that could result in efficiencies in processing, and to produce recommendations for short-term solutions, thereby providing rapid reduction or elimination of the backlog. The firm of PriceWaterhouseCoopers (PwC) performed the management review under contract with the DOL. A report was issued in January 2002 (please see Attachment J.10). This report is a primary resource in understanding the nature and complexities of the backlog.
Backlogs occur at both the SWA and the DOL regional office level, however, over 90% of the current backlog is at the SWA level. The PwC report describes in detail the makeup of the backlog, the regional distribution of the backlog, and the type of cases.
One of the recommendations in the PwC management review was to consider contractor assistance in backlog reduction. To test this recommendation before making a costly, larger-scale investment, ETA contracted for a "simulation" of a contractor assisted effort. The simulation, currently an on-going activity, is at a single site, on a small scale (eight work stations), and includes performance by the contractor of all stages of the process, from receipt of an application to final approval or denial by a federal official (footnote #1).
The simulation has shown that the concept of combining the State and Regional processes at the same location, as recommended in the PwC management review, is a viable model for eliminating the backlogged applications within 2 years.
C.3 OPERATIONAL PLAN
In Fiscal Year 2004 (October 1, 2003) and Fiscal Year 2005 (October 1, 2004), significant funding has been budgeted for backlog elimination. While the exact amount to be made available for the processing centers has not been determined, the DFLC's preliminary operational plan anticipates sufficient funding for the establishment of two, national scale, application processing centers with staffing levels between 80 and 100 persons each, consisting of managers, supervisors, and analysts, the individuals responsible for processing applications.
The processing centers will be established through the solicitation and award of one or possibly two contracts (footnote #2). A solicitation for the processing center contract (s) will be issued in fiscal year 2004 as soon as possible following the availability of the fiscal year 2004 funding. Award of the processing center contract is expected to take four to six months following release of the solicitation. This timeline and sequencing will be an important factor in establishing deliverables and priorities under this solicitation.
The successful offeror under this project management solicitation will assist the DFLC in all aspects of implementing the operational plan, from planning and design to providing technical assistance to the government, the processing center contractor (s) and monitoring contractor performance. Technical assistance to the processing center contractor(s) will include providing training to the processing staff. The project management contractor will be a primary source for advising and making recommendations to federal officials on the operational plan and monitoring and advising federal representatives on all aspects of contractor performance. Because frequent, and at times, daily contact will be required between the management support contractor and the staff of DLFC, the successful offeror will be required to have an office location in the Washington metropolitan area.
As stated above, the Management and Support contractor will be closely involved in planning and design of DFLC'c continuing operational plan, including procurement related events. The contractor will perform a critical role in monitoring and reporting on the performance of processing center contractor(s). Therefore, the successful offeror under this solicitation/award must recuse themselves, their subcontractors, consultants or others assigned to this award, from participation in any capacity (as an offeror, prime contractor, subcontractor, or consultant), in submitting proposals for the processing center contracts directed towards backlog elimination or other solicitations issued by DFLC related to the Permanent Labor Certification program. The successful offeror under this solicitation/award will have a continuing role, consistent with the terms and conditions of its contract with DOL, in supporting and advising the DFLC on its operational plans and is expected to represent the Government's interests in a fair, impartial and prudent manner, without conflict of interests or the appearance of a conflict of interests.
C.4 PROJECT DESCRIPTION/SPECIFIC TASKS
For convenience and understanding, the tasks to be performed under the management support contract are divided into three primary tasks with subtasks. For staffing purposes and scheduling deliverables offerors may find it useful for planning purposes to look at the three primary tasks as phases of the operational plan. The three primary tasks or project phases are listed below.
Task 1 Project Planning and Design.
Task 2 Implementation, Technical Assistance, and Start-up.
Task 3 Project Monitoring and Reporting.
TASK 1 PROGRAM PLANNING AND DESIGN
Task one or Phase One includes all those activities and deliverables to be completed up to the award of the processing center contract (s). Tasks and sub-tasks under his phase must begin immediately upon award of the Project Management contract. In addition to overall planning and design of the operational plan, technical assistance in selective areas under this phase will contribute to drafting language on specific topics for inclusion in the scope of work for the processing center contract solicitation. The following specific subtasks are included under task one.
1. Following award of the contract, the contractor will conduct the necessary literature review, interviews, and other activities to gain a thorough knowledge and understanding of the Permanent Labor Certification Program. The review will include an understanding of the statutory and regulatory basis of the program and the responsibilities of federal and state agencies in the application process. The offeror must become thoroughly familiar with the application and certification process.
2. The offeror will review reports, and conduct interviews as necessary, to become familiar with the operation, outcomes, and lessons learned from the simulation project. The offeror will advise the government on the preferred level of education and experience requirements for the application processing analysts' positions.
3. The offeror will review the information technology/software programs developed by the simulation contractor under its contract with DOL and currently used by the simulation contractor in the application and certification process (footnote #3). The offeror will evaluate the adequacy of the technology, system documentation, and will advise and make recommendations to the government on issues or concerns regarding scalability and adoption to a much larger processing environment. The offeror will also prepare an inventory of equipment at the simulation site for transition from the simulation contractor to the processing centers. The offeror may be requested to assist in preparing budget estimates and quantities for system requirements.
The offeror will assist the government in drafting appropriate descriptive and technical language for system requirements under the solicitation for the processing centers.
4. The offeror will have primary responsibility for designing and conducting a training program for the large staff of analysts responsible for application processing under the processing center contract (s). The management and support contractor will review and assess existing training materials and supplement as necessary, including assembling an application processing manual or reference guide for the analyst to use on a day-to-day basis. The management contractor will identify or set-aside in its business cost proposal under this solicitation sufficient funds for a minimum of two, four-day training sessions for up to 200 analysts (100 per center). The management contractor's responsibilities for the training sessions will include providing instructors, materials, visuals aids, and other customary and necessary items. It is intended that the training sessions will be conducted at the processing centers to reduce costs and have access to computer stations. The offeror will make recommendations on the optimal length, number, and the format of the training sessions. Federal National Office and Regional Office staff will participate in the training sessions on a limited basis.
5. The offeror will assist the government in establishing productivity standards to be included in the processing center solicitation/contract. It is critical that the resources dedicated to backlog reduction be used efficiently and effectively to achieve the mission and that there be a system and standards in place for measuring performance. For example, performance standards may include the number of applications processed to final certification or denial on a monthly basis, the number of applications referred back to an analyst by the certifying officer as incomplete (quality control), staff performance, and other elements that will provide a clear measurement of performance. Performance standards should contribute not only to measuring outputs but also as means to enhance productivity and quality. Consistent performance below benchmarks or performance standards may be subject to penalties consistent with the terms of the solicitation/contract.
6. The offeror will review relevant reports and other material for the purposes of making recommendations on ways and means to monitor, prevent, and detect instances of program fraud and abuse in the labor certification process at the processing centers.
7. The offeror will submit written reports or brief papers on topics and tasks under Task One, Program Planning and Design, within 30 to 60 days of contract award depending on the agreed upon timeline and sequencing of subtasks. The government may requests partial or draft reports on topics or direct the offeror to research specific questions or topics during this phase to assist in preparation of solicitation language or respond to other DFLC needs. Flexibility in responding to changing needs and priorities is critical during Phase One.
TASK TWO IMPLEMENTATION, TECHNICAL ASSISTANCE, AND START-UP
Task Two will begin with award of the processing center contract (s). It is anticipated at this time that the processing center contractor will be allowed 60 days for start-up. Start-up includes occupying and setting-up the offices and workstations, acquiring and installing computer and phone systems, hiring of staff, and all of those functions necessary to provide an efficient and effective work environment. The management contractor will have primary responsibility for overseeing and advising the DFLC of progress under this phase.
1. The management contractor will, within ten days of award of the processing center contract, coordinate and schedule a planning session with DFLC staff and the processing center contractor (s) to review and discuss the contractor's start-up plan. The planning session will include discussion and scheduling of technical assistance, the staff-training schedule and other areas of coordination and cooperation. The project management staff, federal representatives and the processing center contractor will agree on a schedule for weekly discussions and reporting on the progress of the start-up plan.
2. The management and support contractor will have primary responsibility for assessing the progress of the start-up plan and advising the federal staff on progress and problems. The management contractor will be the first point of contact for the processing center contractor.
3. The management contractor will finalize the schedule and provide the training sessions for the processing center staff.
TASK 3 PROJECT MONITORING AND REPORTING
1. The management and support contractor will monitor the performance of the processing centers and provide monthly reports to the DFLC. Monitoring will include regular site visits to the processing centers, review of processing center reports, the early detection and notification to the DFLC of potential problems and recommendations for improvements or changes in procedures to increase productivity. The management contractor will advise the DFLC on a monthly basis of performance against the productivity standards.
2. The management contractor may interview federal certifying officers co-located at the processing centers on a regular basis for information on quality control and areas where additional training may be required.
3. The management contractor will serve as the "eyes and hears" of the government in all aspects of performance of the processing centers. The Project Management contractor must maintain a cooperative but independent, objective, and professional relationship with the processing center management and staff.
C.5 STAFFING
The anticipated staffing levels described in Section C.3 include the Project Director, Assistant Project Director, research associates or program analysts, and subject matter experts (training, information technology or others). While continuity in leadership positions is essential, it should be apparent that staffing needs and expertise may change as the operational plan progresses. Once the processing centers becomes fully operational, for example, the need for technical assistance to the processing center contractor (s) will rapidly decline as will the need for large scale training. It is likely the processing center contractors will have direct IT assistance. Project monitoring and data analysis will become a fulltime effort involving considerable travel. In presenting its proposed staffing plan, offerors must carefully review and consider the tasks and subtasks to be performed in each phase and demonstrate its capacity to both estimate and adjust the staffing plan both in quantity, time commitment, and subject matter expertise to changing needs. In evaluating the offerors staffing plan the government will carefully consider how the plan demonstrates the offerors an understanding of the role of the support contractor and the tasks to be performed.
The offerors technical proposal must provide an organizational chart and staff time/loading chart showing the amount of time by phase of each labor category for each task and subtasks. The offeror shall also present in its technical proposal a Gantt chart that illustrates the offerors proposed work schedule by week or month, showing the starting date and ending date of each task, subtask or activity. (More detailed information is contained in Section L of this solicitation.)
It cannot be overemphasized that the qualifications of the offerors proposed staff, the sequencing of activities and allocation of staff with the educational backgrounds and demonstrated work experience appropriate to those activities is essential.
C.6 KEY STAFF
The offerors Project Director and Assistant Project Director and Training Specialist are considered key staff. It is considered essential that the offerors proposed key staff be readily accessible and capable of responding to changing needs and work loads.
Project Director (100% time commitment) and Assistant Project Director (100% time commitment) - The offerors proposed Project Director and Assistant Project Director must have a Bachelors degree from an accredited institution of higher education and have five years and three years experience respectively in managing or evaluating projects of similar size and purpose. While it is not required that the proposed project directors have experience in managing or evaluating a program involving labor certification, experience in similar programs, either governmental or private, is highly desirable. The offerors proposed Project Director or Assistant Project Director should also have demonstrated experience in providing technical assistance to program operations. The proposed individuals must be able to work cooperatively with officials at all levels of an organization, both government and private, be able to adjust quickly to changing needs and priorities, and have excellent communication skills, both orally and in writing.
Training Specialist (20% time commitment) - The offerors proposed Training Specialist must have a Bachelors degree in a related field from an accredited institution of higher education and five years experience in designing and implementing training programs similar in scope and complexity, i.e., size and related or similar subject matter.
Other Staff- Other staff may include an Information Technology Specialist, Research Associates, training instructors, support staff and others as proposed by the offeror. The individual (s) proposed must have the educational and demonstrated work experience appropriate to their proposed positions.
C.7 FOOTNOTES
FOOTNOTE #1: The simulation is being conducted by Technology and Management Services, Inc (Please see Attachment J.11). Offerors wishing to review the contract must submit a Freedom of Information Act (FOIA) request to Mr. Keith Bond, Division of Contract Services, Room S-4203, 200 Constitution Avenue, N. W., Washington, D.C., 20210.
FOOTNOTE #2: The locations of the processing centers will be based on recommendations made by offerors responding to the processing center solicitation. The government will not select the locations except to require that they be within commuting distance of USDOL regional offices. California will not be included in the operational plan for backlog reduction.
FOOTNOTE #3: The system developed under the simulation contract is called Centralized Application Processing System (CAPS). It is a web-based application allowing for remote access for privileged users to check application status, enter data, etc. The database, Microsoft SQL Server 2000, is scalable and should be able to be expanded to meet the requirements of the processing centers.
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
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
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 twenty-four (24) months from the date of contract execution plus two 1-year options to be exercised at the Government's discretion.
F.3 LEVEL OF EFFORT
The level of effort for this project is between 16 and 17 professional person years for the base period (24 months). A professional person year is estimated to be between $90,000 and $100,000. This includes all costs. The level of effort for each option period is equal to approximately one-half the base period plus inflation. The inflation rate shall be determined by the Bureau of Labor Statistics.
F.4 REPORTS/DELIVERABLES
Please see Section C.4 of the RFP
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 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.
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:
To Be Determined
U.S. Department of Labor, ETA
200 Constitution Avenue, NW, Room To Be Determined
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.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
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.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.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.
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. Substitution of key personnel prior to award is only allowed with Government approval, upon death, disability or termination of the promised person. Offerors are advised to notify the Government of any change in employment status or availability of key personnel for unseen reasons. Allowing substitutions is at the Government's discretion. The below list or attachment to this contract may be amended from time to time during the course of the contract to either add or delete personnel, as appropriate.
For the purpose of this contract, the key personnel positions are identified below as:
- < Project Director
- < Assistance Project Director
- < Training Specialist
-
-
-
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.15 NONDISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITIES
(a) No person shall on the ground of race, religion, color, handicap, national origin, sex, age, political affiliation, or beliefs be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded or otherwise financially assisted, in whole or in part with funds made available hereunder. (b) In addition, this contract and any subcontract hereunder is subjected to Title VI of the Civil Rights Act of 1964 (78 Stat. 252) and the Regulations issued thereunder and found at 29 CFR 31. The Contractor agrees that any service, financial aid, or other benefit to be provided by it under this contract shall be furnished without discrimination because of race, color, sex, or national origin; and that his employment practices shall be subject to the same restrictions to ensure nondiscriminatory treatment of beneficiaries of assistance under the Act.
H.16 FEDERAL REPORTS
In the event that it subsequently becomes a contractual requirement to collect or record information calling for answers to identical questions from 10 or more persons other than Federal employees, or for information from Federal employees which is to be used for statistical compilations of general public interest, the Paperwork Reduction Act of 1980 and 5 CRF 1320 shall apply to this contract. No plan, questionnaire, interview guide or similar device for collecting formation (whether repetitive or single-time) may be used without first obtaining clearance from the Office of Management and Budget (OMB).
The contractor shall obtain the required OMB clearance through the Project Officer before expending any funds or making public contracts for the collection of data. The authority to expend funds and to proceed with the collection of data shall be issued in writing by the Contracting Officer.
H.17 DISCLOSURE OF CONFIDENTIAL INFORMATION
The Contractor agrees to maintain the confidentiality of any information regarding applicants, project participants or their immediate families which may be obtained through application forms, interviews, test reports from public agencies or counselors, or any other source. Without the permission of the applicant or participant, such information shall be divulged only as necessary for purposes related to the performance or evaluation of the contract and to persons having responsibilities under the contract, including those furnishing services to the projects under subcontracts.
H.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.
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. 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 there from, 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 S-4203
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 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 N/A 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
2
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 predestinated 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.
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 Division of Cost Determination (DCD) 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, Division of Cost Determination (DCD)
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)
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 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
52.215-2 AUDIT AND RECORDS--NEGOTIATION JUN 1999
52.215-8 ORDER OF PRECEDENCE--UNIFORM CONTRACT OCT 1997
FORMAT
52.216-7 ALLOWABLE COST AND PAYMENT DEC 2002
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
52.222-1 NOTICE TO THE GOVERNMENT OF LABOR FEB 1997
DISPUTES
52.222-3 CONVICT LABOR AUG 1996
52.222-21 PROHIBITION OF SEGREGATED FACILITIES FEB 1999
52.222-26 EQUAL OPPORTUNITY APR 2002
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
52.228-7 INSURANCE--LIABILITY TO THIRD PERSONS MAR 1996
52.232-17 INTEREST JUN 1996
52.232-22 LIMITATION OF FUNDS APR 1984
52.232-23 ASSIGNMENT OF CLAIMS JAN 1986
52.232-33 PAYMENT BY ELECTRONIC FUNDS--CENTRAL MAY 1999
CONTRACTOR REGISTRATION
52.233-1 DISPUTES JUL 2002
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 MAY 2001
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 MAY 2002
52.246-25 LIMITATION OF LIABILITY--SERVICES FEB 1997
52.248-1 VALUE ENGINEERING FEB 2000
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 52.217-9 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 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 four years.
I.3 52.232-25 PROMPT PAYMENT (FEB 2002)
ALTERNATE I (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.
(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).
(3) 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.
(4) 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 b