Table of Contents

The U.S. Department of Labor, Employment and Training Administration is soliciting proposals to select a contractor to provide operations support to ETA's Division of Foreign Labor Certification. The successful offeror will provide an efficient, highly productive, and cost effective facility and organization for the processing of Permanent Labor Certification applications beginning with receipt to certification or denial of the application by an on-site federal official. The type of support anticipated are two fully staffed facilities or application processing centers on a national scale.

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 http://www.doleta.gov/sga/rfp.cfm.

IT IS THE OFFEROR'S RESPONSIBILITY TO CHECK THIS SITE PERIODICALLY FOR OFFICIAL UPDATES/AMENDMENTS TO THE SOLICITATION.

Solicitation Number	RFP-DCS-03-43
Issue Date:	September 5, 2003
Due Date:	10/27/2003
Time:	2:00 p.m.
Program Office:	DFLC
Contracting Officer:	Keith A. Bond
Contact Point: Phone: Fax: E-Mail:	Jillian Matz  202-693-3315  202-693-3846  matz.jillian@dol.gov
Set Aside:

Sections B, C, F, L, and M

PART I - THE SCHEDULE

SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS

Title: "DOL/ETA's DFLC Backlog Elimination Processing Centers"

The Department of Labor, Employment and Training Administration (DOL/ETA) is soliciting proposals to select a contractor to provide operations support to ETA's Division of Foreign Labor Certification. The successful offeror will provide an efficient, highly productive, and cost effective facility and organization for the processing of Permanent Labor Certification applications beginning with receipt to certification or denial of the application by an on-site federal official. The type of support anticipated are two fully staffed facilities or application processing centers on a national scale.

Solicitation No. is RFP-DCS-03-43.

This solicitation is a 100% Small Business Set-Aside.

The period of performance will be twelve (12) months from the date of contract execution plus three 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 OCTOBER 27, 2003, 2:00 PM LOCAL TIME.

A Pre-proposal Conference is anticipated at a date to be determined. Please look for this information in a subsequent amendment to the solicitation.

REQUESTS FOR CLARIFICATION (RFC) MUST BE RECEIVED NO LATER THAN OCTOBER 3, 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 operations support to ETA's Division of Foreign Labor Certification. The successful offeror will provide an efficient, highly productive, and cost effective facility and organization for the processing of Permanent Labor Certification applications beginning with receipt to certification or denial of the application by an on-site federal official. The type of support anticipated are two fully staffed facilities or application processing centers on a national scale. The ultimate size of the centers will be contingent upon the amount of resources included in the Department's FY '04 budget approved by Congress. The successful contractor 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 issuance of 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. USDOL denied applications can be appealed to the Board of Alien Labor Certification Appeals (BALCA).

Employers submit applications for permanent labor certification to 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 application.

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 national backlog approximates 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 first part of calendar year 2004. 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 backlog elimination, 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. This report is an important supplement to this solicitation and familiarity with the report's findings are critical to an offerors understanding of the problem and approach to backlog reduction. It is available on DOL's web site (see Attachment J.10). Some of the key findings of this review are : (See FOOTNOTE #1)

• Applications under the 245(i) program are often incomplete and will require additional processing time;
• The requirements of the program have shaped a process that is directed towards individual applications as opposed to treating or processing applications on a class basis;
• The application process varies widely by state and region, making it difficult to introduce process improvements; and,
• There is insufficient capacity in the current system to substantially reduce the backlog prior to the implementation of the PERM system.

There are two primary methods of processing applications. These are Supervised Recruitment or Regular (basic) applications and Reduction in Recruitment (RIR) applications. Basic applications involve significant SWA review and monitoring of the employer's recruitment efforts to fill the position with a U. S. worker. RIR applications are those cases where the Department's Certifying Officer has determined that there is a lack of available U.S. workers and where the employer can document that it has engaged in a pattern of unsuccessful recruitment efforts within the last six months in the same location and for the same occupation. The Certifying Officer generally would have independent knowledge of the validity of the RIR application through previous certifications and knowledge of the local labor market. For additional information on this process, please review the Department's web site at www.doleta.gov and follow the link to Foreign Labor.

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. Current case processing times are available on the Department's web page.

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. (See FOOTNOTE #2)

Results from the simulation study has indicated the concept of combining state and regional processes at a central location, as recommended in the PwC management review, is a viable model for eliminating backlogged applications within 2 years (resources being fully available). For a more detailed discussion, a draft report and training manual from the simulation effort can be obtained from the DOL web-site identified in Section J.

Project Management and Support Contractor (PMSC)

The Division of Foreign Labor Certification (DFLC) is in the process of retaining a Project Management and Support Contractor (PMSC) whose function shall be to act as an intermediary between the Division and the contractor ultimately selected through this solicitation. The contractor shall have responsibility for monitoring backlog elimination performance via this solicitation and day-to-day contact with the operational centers. The management entity and the contractor selected in this solicitation must be different organizations and may not be contractors of one another or enjoy a similar relationship.

C.3 LEVEL OF EFFORT/SITE LOCATIONS/CONTRACT FINANCING

The DFLC envisions the establishment of two operating centers designed to process the Permanent Labor Certification Program's accumulated backlog which cannot be managed at the state and regional office level. The determination of this level (number of cases transferred and from which locations) shall be a joint responsibility of the management entity and the DFLC. Backlog cases will cease to accumulate once the new PERM program becomes operational, which is tentatively scheduled for early calendar year 2004.

The estimated level of staffing under this solicitation is approximately 100 individuals at each processing center. The government estimate is between $16 million and $20 million per year for both centers, i.e., $8 million and $10 million per processing center. This estimate is subject to change based upon Congressional appropriations. Offerors should base their business cost proposal on these estimates for the base year and all option years and assume that each center will function at the same level. The level of effort the each option period is equal to approximately the base period plus inflation. The inflation rate shall be determined by the Bureau of Labor Statistics.

The processing centers must be located no more than a maximum of 30 miles (commuting distance) from the DOL Regional Office located in the following cities:

1. Philadelphia, Pennsylvania; and
   
   
2. Dallas, Texas

The government does not anticipate advanced payments under this contract. In recognition of the considerable financing costs associated with start-up and normal operating costs, rent or lease costs, equipment, payroll, etc. the government will provide for biweekly invoicing/payments.

In addition, offerors must include as part of their business management proposal, documentation demonstrating that the offeror will have available at the time of award, cash reserves, an available line of credit with a recognized financial institution or combination thereof in the minimum amount of $1 million. This amount is based on an estimate of the amount of funds required for start-up activities such as securing office space and ordering equipment.

C.4 PROJECT DESCRIPTION/SPECIFIC TASKS

Task 1. STAFFING

The contractor will provide staff and facilities to perform the complete processing of applications for Permanent Labor Certification; this includes all of the functions that are currently performed at the SWA and a DOL regional office level (except for final approval/certification which must be made by a federal official). While offerors should consult the PwC management report, the simulation reports, and the program's implementing regulations at (20 CFR 656), for a detailed description of the labor certification application and approval process, the following general description of the contractor's duties is provided:

• Enter application data into an established software program (see simulation study for a description) and begin tracking;
• Review applications for completeness;
• Validate the business status of the employer and confirm the employer's knowledge that an application has been filed on the firm's behalf;
• Conduct prevailing wage review and determination (on-line function);
• Work with employers to publish advertisements for non-RIR applications;
• Assist in adjudication of RIR and regular applications;
• Prepare and respond to correspondence, generally referred to as 45-day letters (See FOOTNOTE #3) ; and
• Prepare Notification of Findings (NoF) or submit application for approval/denial.

The offeror will communicate with state and DOL regional office personnel for the labor market test and prevailing wage determination and with the DOL Project Management and Support Contractor as necessary. National office staff shall be available on an as needed basis. Denied applications that are appealed to the BALCA are adjudicated through the Department's Office of Administrative Law Judges. Offerors will not provide their own legal representation in appeals before the Board but will assist the agency in case preparation and at hearings. This is not anticipated to be a labor intensive aspect of the work noted in this solicitation.

The staffing levels described above include a Project Director, managers/supervisors, administrative and support personnel (clerical, IT, accounting, etc.) and analysts (persons assigned to process applications). The qualifications of the offeror's proposed staff are critical to this effort and will weigh heavily in the proposal evaluation schematic (see Section M under evaluation factors).

The offeror's technical proposal must also provide an organizational chart, by center, and a staff time/loading chart showing the amount of time by task and subtasks of each and every person or staff position proposed for the project. The offeror shall also provide a rationale or basis for staff distribution, in particular the ratio of supervisors to analysts. It is not the government's intention to specify the exact organizational components, however, the following elements are considered essential.

KEY STAFF

The offeror's Project Director, managers, and/or supervisory staff are considered key staff and must devote 100% of their time to this project.

Project Director 100% - The offeror's proposed Project Director must be committed full time to this effort. The Project Director must have earned, at a minimum, a Bachelor's Degree from an accredited institution of higher education and have five years experience in managing a project of similar size and purpose. While it is not necessary that the proposed director have experience in managing a program involving labor certification, experience in similar programs, either governmental or private, is highly desirable. Similar in the context of this solicitation is a program where the proposed Project Director was responsible for managing and organizing an effort that made determinations of eligibility for services or benefits to individuals or other activity that provided leadership at a similar level of activity and complexity. The offerors proposed Project Director must have a clear understanding of the importance of adhering to prescribed regulations and law in making determinations affecting individuals and is expected to establish a high standard for the work performed by the processing centers.

Supervisory Staff 100% - The offeror's proposed supervisory staff must have earned, at a minimum, a Bachelors Degree from an accredited institution of higher education and a minimum of three years experience in supervising and managing staff in projects of similar size and scope.

OTHER STAFF

Analysts - The proposed analyst staff shall have, at a minimum, two years of post secondary education leading to an Associate Degree or similar certification. Individuals possessing a Bachelor's Degree are preferred. The offeror will consider that in recruiting and hiring analysts that integrity, fairness, respect for individual privacy and adherence to regulations in processing applications and high productivity will be essential to a successful project. Analyst positions are full-time positions.

Note: Offerors are not required to identify specific individuals for the analyst positions when submitting their technical proposals and staffing plan. Offerors shall, however, describe their plan for recruiting and filling the large number of analyst positions, including the offerors capacity to conduct large scale recruitment efforts within the timeframe described below.

Other professional and administrative staff - This category includes clerical and administrative staff, technology support, reporting and data analysis, accounting, and other positions considered necessary by the offeror for successful and orderly functioning of the processing center. Other professional and administrative staff should have the educational qualifications, work experience, and time commitment appropriate to their assigned positions and tasks.

TASK 2 PHYSICAL FACILITY/OFFICE SPACE

The offeror will be responsible for providing office space sufficient to adequately "house" the two processing centers. The offeror's business proposal will include proposed costs for space (square footage), break-out costs, all furnishings and equipment, work stations, conference or meeting space, and all other necessary and customary facilities, equipment, furnishings, and supplies necessary to provide a pleasant, productive, and cost effective work environment. In addition to its own staff, the offeror's proposed space requirements will include workstations for up to a total of sixteen (16) fulltime, Federal staff (Certifying Officers and staff), divided equally between the two centers. Offerors may consult the General Services Administration's (GSA) WEB Site (www.gsa.gov/realpropertypolicy) for recommendations on space standards in determining space requirements (square footage).

In leasing office space offerors will consider the following:

1. The comparative cost of office space within the specified areas, whether leased or owned, including breakout cost, furnishings and equipment. Included in this consideration are the availability of office space and the ability to quickly obtain and move into a facility after contract award.
   
   
2. That the location of the processing centers be within reasonable commuting distance (maximum of 30 miles) for the federal regional staff that will be co-located with the contractor.
   
   
3. The availability of the workforce to staff the processing center. The government will not provide nor consider relocation costs.
   
   
4. The availability of alternative means of transportation, buses, subway, etc. The facility must be "barrier free".

TASK 3 INFORMATION TECHNOLOGY/COMPUTER ENVIRONMENT

The offeror will be responsible for purchasing and installing all required information technology equipment and software, photocopy equipment, communications equipment (telephones, fax machines), and other necessary and customary equipment. The offeror will describe in its technical proposal its proposed equipment and systems requirements.

Automated System

In the PwC management report, California was identified as one of the more efficient SWAs in terms of processing efficiencies and backlog reduction. One factor in achieving those efficiencies was through automation of case processing. In the simulation contract, it was originally proposed that the simulation contractor "run and use" the California software model in application tracking, processing and reporting. For various reasons the California automation approach was abandoned.

The simulation contractor was therefore tasked to develop and implement a program to automate the processing environment. The system developed, Centralized Application Processing System (CAPS), is a web-based application allowing for remote access for privileged users. The database, Microsoft SQL Server 2000, is scalable and was designed to meet the processing requirements for a full-scale backlog elimination effort. The system and documentation will be transitioned to the successful offeror. The government's project support contractor will provide technical assistance to the processing center contractor in installing and initial operation of the system to assure a rapid start-up.

A detailed, functional description of CAPS is provided in the attachments (See Attachment J.11, Draft Training Manual).

Additional Requirements

• Internet Connectivity: required to access CAPS, web-based labor market information and allow for e-mail transmissions.
  
  
• Telephones: Automated response features or other communications management techniques to minimize disruptions to analyst's productivity.

Hardware

As noted above, the offeror will be responsible for ordering and installing all system hardware and software. The successful offeror, under a cost-reimbursement contract, may be eligible to purchase equipment off GSA schedule contracts. Offerors should not anticipate nor include in their equipment estimates any government furnished equipment or transitioned equipment.

TASK 4 IMPLEMENTATION AND START-UP

The successful offeror must be prepared, following award, to immediately bring on-board the appropriate level and number of staff to implement the agreed upon timeline for start-up.

Due to the lack of federal staff resources, the government will award a separate management and support contract in September 2003 to assist the DFLC in all aspects of implementing its operational plan, including technical assistance and project monitoring. The project management and support contractor (PMSC) will advise the Contracting Officer's Technical Representative (COTR) in all aspects of the project and assist the processing center contractor in implementation and start-up. The PMSC will monitor the processing center contractor's performance throughout the duration of the contract. The processing center contractor will report directly to the project management contractor as their first point of contact.

In discussing implementation and start-up the government has for the most part avoided in this SOW giving precise milestones for specific implementation events. Monitoring and tracking 'events" will be based on the implementation plan and timeline submitted and evaluated as part of the offerors technical proposal. It is therefore important that offerors give detailed and realistic consideration to their proposed implementation and start-up plan. It is the government's expectation that implementation and start-up will take a minimum of 30 days and not exceed 60 days.

Should the contractor fail to be fully operational (See FOOTNOTE #4) in accordance with the contractor's proposal within 60 days of contract award and prepared to begin processing of applications, the government may make an assessment of responsibility for the delay and processing inefficiencies and reduce reimbursement of fixed costs (rent or lease costs of space and equipment) accordingly. This reduction will be based on the daily rent or lease cost and may be no greater than that amount

As referenced above, the offeror will submit a detailed start-up plan as part of their technical proposal. This plan will address and provide a timeline beginning from the date of contract award by the government to full operation. Some of the general characteristics of the implementation and start-up plan, including federal participation include:

1. Within 5 days of contract award, the offeror will be contacted by the PMSC who will be responsible for coordinating and scheduling a meeting at the DOL with the COTR and other federal officials for the purposes of introduction and an overview and discussion of the offerors implementation plan. The PMSC and PCC will agree on a regular schedule and location for additional planning sessions. Planning sessions will include:
   
   a) An overview of the contractor's start-up plan including occupying the processing centers, ordering, delivery, and set-up of equipment and systems, the contractor's hiring schedule for the analyst positions, printing of forms and other materials, and any transition issues from the simulation contractor's facility to the contractor's facility.
   
   b) Planning and scheduling of training. The PMSC will provide training to the processing center staff. Federal staff from the ETA national office and regional offices may participate in training. The length, location, format, and number of training sessions will be agreed upon during the planning sessions and will depend to some extent on the contractor's implementation plan (hiring of the large number of analysts) and timeline. The offeror will be responsible for providing suitable space and computer equipment at the processing centers to conduct the training. The government, through the PMSC, will provide trainers, training materials, and other easily portable items. The PCC will provide "fixed" training equipment such as audio visual equipment, large screen video displays or similar items that will serve a continuing need throughout the project. The PCC (Processing Center Contractor) will cooperate fully with the PMSC in finalizing the training program.
   
   c) The contractor, the PMSC and the COTR will meet with the Department's Information Technology (IT) staff and others to discuss assistance in implementing e-mail and other system integration issues.
   
   d) During the planning sessions the COTR, PMSC and the PCC will agree on a schedule and finalize ways and means for collecting and transferring labor certification applications from the SWAs and regional offices to the contractor's processing centers. The schedule will include identification of the locations and numbers of applications to be collected and transferred from each location to the contractor's center and a method for providing coordination with the SWA' and regional offices for collection.

The government at this time has no plans to screen applications or select applications for transfer based on type. Therefore, applications transferred from the SWAs will include all types of applications as described in the PwC report. The government is unable to specify the type or percentage of each type of applications that will be transferred, i.e., Regular, RIR, 245(i), or the status of the applications. A careful reading of the PwC report should provide the offeror with sufficient information to inform the offeror of the likely percentages of different types of applications.

At this time it is anticipated that the PCC will be responsible for collecting and transporting the applications from the SWAs and regional offices to the contractor's processing centers. Secure, safe, transport is essential. The offeror will describe its proposed transportation plan.

The PMSC will assist the processing center staff in establishing contact points with the regional offices. The regional office staff will be the primary point of contact and liaison between the PCC and the SWAs for application transfer. It is deemed impractical to have the contractor prepare an inventory "on the spot" of applications received for transfer at the regional or SWA location. As noted in the PwC report, SWAs use a variety of systems to log, track, and process cases. It is unlikely that the contractor will be able to use "system integration" to prepare an inventory of transferred cases.

The PCC shall prepare, and have available within 72 hours following receipt of transferred applications at the processing centers, a highly accurate and complete inventory of all cases received. Copies of the inventory will be delivered by overnight mail to the regional offices, SWAs, the PMSC, and the DFLC.

TASK 5 APPLICATION PROCESSING

As previously stated, the PwC management review contains considerable detail on the size of the backlog by state and regional office and the types of applications. The PwC and simulation contract reports also describe in detail the application process. Additional information on the application process can be obtained from the implementing regulations and the department's web site. A careful and thorough review of the available reports listed in Section J, Attachments, should provide offerors with an understanding and overview of the current processing environment.

Both the PwC report and the simulation reports discuss strategies for enhancements to the application process, with the twin goals of increasing productivity and quality control. Many of the recommendations are based on replicating the California experience. The recommendations note team approaches and specialization. Teams were used under the simulation contract. The approach and the breakdown of the specialized areas/teams are briefly described in the draft report. Offerors must recognize, however, that the opportunities for specialization, teams, and the testing of other approaches to enhancing productivity was inherently limited due to the size of the simulation (eight work stations) and the number of cases/applications (3000).

It is critical that offerors not only build on the recommendations in the reports and the experiences of the simulation contractor but also demonstrate initiative in recommending and testing new approaches to application processing. Improving productivity must be seen as a continuing process and offerors must demonstrate flexibility in applying new methods and organizational changes as experience dictates. It is expected that government officials, the PMSC, and the PCC will engage in continuous discussions on ways and means to test and improve on application processing methods.

Offerors, therefore, are encouraged, in submitting their technical proposals, and within the regulatory and statutory framework, to suggest or recommend approaches to application processing that demonstrate initiative and the offeror's successful experience in similar projects. Some areas of consideration may include:

• Teams organized around specific occupations or industries;
  
  
• Teams working with a specific company or group of companies similar in job type and that have a large number of backlogged applications in process;
  
  
• Recent experience has shown that approximately one third of the backlogged applications are withdrawn by the employer once the initial contact is made. What methods are available or can be tested for attempting to identify these applications? Doing so would not only accomplish significant results in backlog elimination early in the project but allow analysts to concentrate on active applications; and
  
  
• What is the ideal or minimal relationship between testing processing initiatives and the initial number of applications "on hand", i.e., in the database?

The above are only examples and not meant to confine or restrict the offeror in discussing application processing approaches. The purpose is to show that the government is highly interested in building on current successful approaches and testing new approaches.

Application Files: Application files, because of the requirement that the employer certify the application, originate on paper. For transfer and initial storage purposes, traditional application files generally consist of the application form (ETA 750). Reduction-in recruitment (RIR) applications generally include supporting documentation demonstrating recruitment efforts and may be more bulky. Decisions concerning the number of applications initially transferred to the processing centers will be made during the implementation phase.

Record Retention: Completed applications must be maintained (archived) in accordance with government regulations. The PCC will be responsible for preparing completed applications for archiving.

TASK 6 QUALITY CONTROL/INTERNAL CONTROLS (Security)

The Permanent Labor Certification program has been subject to fraud and abuse. Substantial monetary payments have been made in some instances in an attempt to influence the outcome of the certification process. Several cases have been prosecuted. Program abuse can occur at the application point, hence the need to verify the legitimacy or standing of the employer submitting the application, or during application processing. Offerors will submit, as part of their technical proposal a preliminary plan for monitoring, detecting, and minimizing program abuse and ensuring quality control over work products. Offerors will assist the government and fully cooperate in prosecuting instances of program fraud and abuse.

Following award the government may make suggestions or additions to enhance the proposed plan based on past experience.

TASK 7 REPORTS AND DELIVERABLES

1. The contractor will provide weekly reports to the PMC and the COTR of progress on the implementation plan as measured against the timeline. A narrative will also be provided describing any difficulties encountered the impact of the difficulties on the schedule, and the recommended solution;
   
   
2. Following start-up, the contractor shall provide reports to the COTR and the PMSC on a monthly basis of all activities for that month by the 10th working day of the following month. The PCC, PMSC and the COTR will agree on the format and content of standardized monthly reports. The contractor's automated systems will have the capacity to produce standard reports that provide detailed information on application activity during the proceeding month; and
   
   
3. Ad hoc reports may be required as necessary.

C.5 FOOTNOTES

FOOTNOTE #1: It is not the Government's intention to repeat the management review's contents and findings in this Statement of Work (SOW) except to the extent that particular findings or recommendations assist in providing a general understanding of the purposes of this solicitation and SOW.

FOOTNOTE #2: The simulation is being conducted by Technology and Management Services, Inc. Offerors wishing to review the contract must submit a Freedom of Information Act (FOIA) request to Keith Bond, Chief, Division of Contract Services, Room S-4203, 200 Constitution Avenue, N. W., Washington, D.C., 20210. DOL will make available as part of this solicitation reports or other informative materials from the simulation.

FOOTNOTE #3: 45 day letters are official correspondence between the agency and the employer and are generally used to return incomplete applications and other official notifications affecting the status of an application.

FOOTNOTE#4: Fully operational within 60 days means that the contractor has secured space, set up office space, cubicles ready for occupancy, set-up and has operational all equipment such as telephones, computers, printers, etc. , installed software, and other items necessary to operating the center and begin processing applications. Fully operational in terms of staffing means that the contractor has hired and has on board at least 30% of the analyst staff and 100% of the proposed key staff and other critical positions. The contractor shall have hired and have "on board" 100% of the analyst positions by the 90th day from contract award.

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 SERVICES--COST-REIMBURSEMENT	APR 1984

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.

F.2 PERIOD OF PERFORMANCE

The period of performance shall be one (1) year from the date of contract execution plus three 1-year options to be exercised at the Government's discretion.

F.3 LEVEL OF EFFORT

The level of effort for this project is estimated to be between 16 million dollars and 18 million dollars for the base period (1 year). The level of effort for each option period will be determined at a later date.

F.4 REPORTS/DELIVERABLES

The contractor shall be responsible for the submission of reports and deliverables described in Section C.4 of the solicitation.

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 (9 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 dictates 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:

1. 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.
   
   
2. 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.
   
   
3. 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 unforeseen 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
- Supervisory Staff

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 there under. 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 there under 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.

1. 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).
   
   
2. 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.
   
   
3. 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.
   
   
4. 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.
   
   
5. 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.
   
   
6. 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 e