Back to Table of Content






Evaluation of the Self-Directed Labor Exchange Services





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





Solicitation Number  RFP-DCS-01-18
Issue Date:  March 7, 2001
Due Date:  April 20, 2001
Time:  2:00 PM
Program Office:  OWS
Contracting Officer:  Keith A. Bond
Contract Point:
Phone:
Fax:
E-Mail:
 Harry B. Ladson Jr.
 (202) 693-3317
 (202) 693-3846
  hladson@doleta.gov
Set Aside:  






PERTINENT TECHNICAL SECTIONS OF SOLICITATION





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





  Statement of Work
  Sections B, C, F, L and M
 
 
 













Back to Table of Content

SOLICITATION, OFFER AND AWARD

1. THIS CONTRACT IS A RATED ORDER
    UNDER DPAS (15 CFR 700)
RATING
 N/A

PAGE OF PAGES

 1|  75
2. CONTRACT NUMBER
 
 
 
3. SOLICITATION NUMBER
 
 
 RFP-DCS-01-18
4. TYPE OF SOLICITATION
 
SEALED BID (IFB)
 X
NEGOTIATED (RFP)
5. DATE ISSUED
 
 
 March 7, 2001
6. REQUISITION/PURCHASE NUMBER
 
 01/246-HBL
 
7. ISSUED BY    CODE
 
 U.S. Department of Labor, ETA/OGCM
 Division of Contract Services
 200 Constitution Avenue, NW
 Room S-4203
 Washington  DC  20210
8. ADDRESS OFFER TO (If other than Item 7)
 
 
 
 
     
NOTE:  In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".
SOLICITATION
9.  Sealed offers in original and   4 copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 6, or if hand carried, in the depository located in   Item 7 until   2:00 PM (Hour) local time   April 20, 2001 (Date) . 
CAUTION - LATE Submissions, and Withdrawals:  See Section L, Provision No. 52.214-7 or 52.215-1.  All Offers are subject to all terms and conditions contained in this solicitation. 
10. FOR INFORMATION CALL:
 
A. NAME
 
 Harry B. Ladson Jr.

B. TELEPHONE (NO COLLECT CALLS)

C. E-MAIL ADDRESS
 
  hladson@doleta.gov
AREA CODE|

NUMBER

|

EXT.

 

11. TABLE OF CONTENTS   See Attached Table of Contents

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

PART I - THE SCHEDULE

PART II - CONTRACT CLAUSES

 A SOLICITATION/CONTRACT FORM   

I

 CONTRACT CLAUSES 
 B SUPPLIES OR SERVICES AND PRICES/COSTS  

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.

 C DESCRIPTION/SPECS./WORK STATEMENT  

J

 LIST OF ATTACHMENTS 
 D PACKAGING AND MARKING PART IV - REPRESENTATIONS AND INSTRUCTIONS
 E INSPECTION AND ACCEPTANCE   K REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS 
 F DELIVERIES OR PERFORMANCE 
 G CONTRACT ADMINISTRATION DATA   L INSTR., CONDS., AND NOTICES TO OFFERORS 
 H SPECIAL CONTRACT REQUIREMENTS  M EVALUATION FACTORS FOR AWARD 
OFFER (Must be fully completed by offeror)
NOTE:  Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum bid Acceptance Period.
12.In compliance with the above, the undersigned agrees, if this offer is accepted within   120 calendar days (60 calendar days unless a different period is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.
13. DISCOUNT FOR PROMPT PAYMENT
(See Section I, Clause no. 52.232-8)
10 CALENDAR DAYS (%)
 
20 CALENDAR DAYS (%)
 
30 CALENDAR DAYS (%)
 
CALENDAR DAYS (%)
 
14.ACKNOWLEDGEMENT OF AMENDMENTS
(The offeror acknowledges receipt of amendments to the SOLICITATION for offerors and related documents numbered and dated:
AMENDMENT NO.DATEAMENDMENT NO.DATE
       
       
15A.NAME AND ADDRESS OF OFFEROR

CODE 

 

FACILITY 

 
 
 
 
 
     
16. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER
(Type or print)
 
 

15B. TELEPHONE NUMBER

 
15C. CHECK IF REMITTANCE ADDRESS IS DIFFERENT FROM ABOVE - ENTER SUCH ADDRESS IN SCHEDULE
17. SIGNATURE
 
 
18. OFFER DATE
 
 
AREA CODE|

NUMBER

|EXT.

 

AWARD (To be completed by Government)
19. ACCEPTED AS TO ITEMS NUMBERED
 
 
20. AMOUNT
 
 
21. ACCOUNTING AND APPROPRIATION
 
 
22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:
 
 
 10 U.S.C. 2304(a) (   )
 
 41 U.S.C. 252(c) (   )
23. SUBMIT INVOICES TO ADDRESS SHOWN IN
      (4 copies unless otherwise specified)
 
ITEM
 
 
24. ADMINISTERED BY (If other than Item 7)CODE
 
 U.S. Department of Labor, ETA
 Office of Workforce Security
 200 Constitution Avenue, NW
 Room S-4231
 Washington  DC  20210
25. PAYMENT WILL BE MADE BYCODE
 
 U.S. Department of Labor, ETA/OC
 Division of Accounting
 200 Constitution Avenue, NW
 Room N-4702
 Washington  DC  20210
26. NAME OF CONTRACTING OFFICER (Type or print)
 KEITH A. BOND
 Contracting Officer
27. UNITED STATES OF AMERICA

 

(Signature of Contracting Officer)

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

STANDARD FORM 33   (REV. 9-97)  

Back to Table of Content TABLE OF CONTENTS PAGE SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS . . . . . . . . . . . . B-1 SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK . . . . . . . . C-1 C.1 INTRODUCTION. . . . . . . . . . . . . . . . . . . . . . . . . . C-1 C.2 Background Workforce Investment Act (WIA) . . . . . . . . . . . C-2 C.3 SCOPE OF WORK . . . . . . . . . . . . . . . . . . . . . . . . . C-2 SECTION D - PACKAGING AND MARKING. . . . . . . . . . . . . . . . . . . . D-1 [For this Solicitation, there are NO clauses in this Section] . . . . D-1 SECTION E - INSPECTION AND ACCEPTANCE. . . . . . . . . . . . . . . . . . E-1 E.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE . . . E-1 52.246-9 INSPECTION OF RESEARCH AND DEVELOPMENT (SHORT FORM) APR 1984. . E-1 SECTION F - DELIVERIES OR PERFORMANCE. . . . . . . . . . . . . . . . . . F-1 F.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE . . . F-1 52.242-15 STOP-WORK ORDER ALTERNATE I (APR 1984) AUG 1989. . F-1 F.2 Period of Performance . . . . . . . . . . . . . . . . . . . . . F-1 F.3 Level of Effort . . . . . . . . . . . . . . . . . . . . . . . . F-1 F.4 Deliverables/Calendar . . . . . . . . . . . . . . . . . . . . . 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-3 SECTION H - SPECIAL CONTRACT REQUIREMENTS. . . . . . . . . . . . . . . . H-1 H.1 BUDGET LINE ITEM FLEXIBILITY. . . . . . . . . . . . . . . . . . H-1 H.2 FRINGE BENEFITS . . . . . . . . . . . . . . . . . . . . . . . . H-1 H.3 VACATIONS, SICK-LEAVE HOLIDAYS. . . . . . . . . . . . . . . . . H-1 H.4 TRAVEL AND PER DIEM . . . . . . . . . . . . . . . . . . . . . . H-2 H.5 USE OF AND PAYMENT TO CONSULTANTS . . . . . . . . . . . . . . . H-3 H.6 UNEMPLOYMENT INSURANCE COST . . . . . . . . . . . . . . . . . . H-3 H.7 ACCOUNTING AND AUDITING SERVICES. . . . . . . . . . . . . . . . H-3 H.8 PRINTING. . . . . . . . . . . . . . . . . . . . . . . . . . . . H-4 H.9 KEY PERSONNEL . . . . . . . . . . . . . . . . . . . . . . . . . H-4 H.10 CONTRACT NUMBER IDENTIFICATION. . . . . . . . . . . . . . . . . H-5 H.11 SUBMISSION OF CORRESPONDENCE. . . . . . . . . . . . . . . . . . H-5 H.12 OTHER CONTRACTORS . . . . . . . . . . . . . . . . . . . . . . . H-5 H.13 LAWS APPLICABLE . . . . . . . . . . . . . . . . . . . . . . . . H-5 H.14 DISPOSITION OF MATERIAL . . . . . . . . . . . . . . . . . . . . H-5 H.15 NONDISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITIES. . . . . . H-6 H.16 FEDERAL REPORTS . . . . . . . . . . . . . . . . . . . . . . . . H-6 H.17 DISCLOSURE OF CONFIDENTIAL INFORMATION. . . . . . . . . . . . . H-6 H.18 ELIMINATION OF SEXIST LANGUAGE AND ART WORK . . . . . . . . . . H-7 H.19 HAZARDOUS OCCUPATION ORDERS . . . . . . . . . . . . . . . . . . H-8 H.20 INSURANCE REQUIREMENTS (FAR-Subpart 28.3) . . . . . . . . . . . H-8 H.21 DATA COLLECTION FOR THE DEPARTMENT OF LABOR . . . . . . . . . . H-9 H.22 PERFORMANCE STANDARDS . . . . . . . . . . . . . . . . . . . . . H-9 H.23 RESTRICTION ON USE OF DOL FUNDS FOR LOBBYING. . . . . . . . . . H-9 H.24 PUBLICATION OF MATERIALS. . . . . . . . . . . . . . . . . . . . H-10 Back to Table of Content TABLE OF CONTENTS PAGE H.25 OPTION TO EXTEND THE TERMS OF THE CONTRACT - SERVICE (FAR 17.208(g)). . . . . . H-10 H.26 INDIRECT COSTS. . . . . . . . . . . . . . . . . . . . . . . . . H-11 PART II - CONTRACT CLAUSES. . . . . . . . . . . . . . . . . . . . . . . I-1 SECTION I - CONTRACT CLAUSES . . . . . . . . . . . . . . . . . . . . . I-1 I.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE . . . I-1 52.202-1 DEFINITIONS OCT 1995. . I-1 52.203-3 GRATUITIES APR 1984. . I-1 52.203-5 COVENANT AGAINST CONTINGENT FEES APR 1984. . I-1 52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT JUL 1995. . I-1 52.203-7 ANTI-KICKBACK PROCEDURES JUL 1995. . I-1 52.203-8 CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS FOR ILLEGAL OR IMPROPER ACTIVITY JAN 1997. . I-1 52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY JAN 1997. . I-1 52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS JUN 1997. . I-1 52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON RECYCLED PAPER AUG 2000. . I-1 52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT JUL 1995. . I-1 52.215-2 AUDIT AND RECORDS--NEGOTIATION JUN 1999. . I-1 52.215-8 ORDER OF PRECEDENCE--UNIFORM CONTRACT FORMAT OCT 1997. . I-1 52.216-7 ALLOWABLE COST AND PAYMENT MAR 2000. . I-1 52.216-8 FIXED-FEE MAR 1997. . I-1 52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE JUL 1996. . I-1 52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS OCT 2000. . I-1 52.222-1 NOTICE TO THE GOVERNMENT OF LABOR DISPUTES FEB 1997. . I-1 52.222-3 CONVICT LABOR AUG 1996. . I-1 52.222-21 PROHIBITION OF SEGREGATED FACILITIES FEB 1999. . I-1 52.222-26 EQUAL OPPORTUNITY FEB 1999. . I-2 52.222-35 AFFIRMATIVE ACTION FOR DISABLED VETERANS AND VETERANS OF THE VIETNAM ERA APR 1998. . I-2 52.222-36 AFFIRMATIVE ACTION FOR WORKERS WITH DISABILITIES JUN 1998. . I-2 52.222-37 EMPLOYMENT REPORTS ON DISABLED VETERANS AND VETERANS OF THE VIETNAM ERA JAN 1999. . I-2 52.223-6 DRUG-FREE WORKPLACE JAN 1997. . I-2 52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES JUL 2000. . I-2 52.227-1 AUTHORIZATION AND CONSENT ALTERNATE I (APR 1984) JUL 1995. . I-2 52.227-2 NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT INFRINGEMENT AUG 1996. . I-2 52.227-11 PATENT RIGHTS -- RETENTION BY THE CONTRACTOR (SHORT FORM) JUN 1997. . I-2 Back to Table of Content TABLE OF CONTENTS PAGE 52.227-14 RIGHTS IN DATA--GENERAL JUN 1987. . I-2 52.228-7 INSURANCE--LIABILITY TO THIRD PERSONS MAR 1996. . I-2 52.232-17 INTEREST JUN 1996. . I-2 52.232-20 LIMITATION OF COST APR 1984. . I-2 52.232-23 ASSIGNMENT OF CLAIMS JAN 1986. . I-2 52.233-1 DISPUTES ALTERNATE I (DEC 1991) DEC 1998. . I-2 52.233-3 PROTEST AFTER AWARD ALTERNATE I (JUN 1985) AUG 1996. . I-2 52.242-1 NOTICE OF INTENT TO DISALLOW COSTS APR 1984. . I-2 52.242-3 PENALTIES FOR UNALLOWABLE COSTS OCT 1995. . I-2 52.242-4 CERTIFICATION OF FINAL INDIRECT COSTS JAN 1997. . I-2 52.242-13 BANKRUPTCY JUL 1995. . I-2 52.243-2 CHANGES--COST REIMBURSEMENT ALTERNATE V (APR 1984) AUG 1987. . I-2 52.244-2 SUBCONTRACTS ALTERNATE II (AUG 1998) AUG 1998. . I-2 52.244-5 COMPETITION IN SUBCONTRACTING DEC 1996. . I-2 52.245-5 GOVERNMENT PROPERTY (COST-REIMBURSEMENT, TIME AND MATERIALS, OR LABOR HOUR CONTRACTS) JAN 1986. . I-2 52.246-23 LIMITATION OF LIABILITY FEB 1997. . I-2 52.246-25 LIMITATION OF LIABILITY--SERVICES FEB 1997. . I-2 52.249-6 TERMINATION (COST-REIMBURSEMENT) SEP 1996. . I-2 52.249-14 EXCUSABLE DELAYS APR 1984. . I-2 52.253-1 COMPUTER GENERATED FORMS JAN 1991. . I-2 I.2 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999) . . . . . . . . I-2 I.3 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000). . . . . . I-3 I.4 52.219-14 LIMITATIONS ON SUBCONTRACTING (DEC 1996) . . . . . . I-3 I.5 52.227-23 RIGHTS TO PROPOSAL DATA (TECHNICAL) (JUN 1987). . . I-3 I.6 52.232-25 PROMPT PAYMENT (JUN 1997) . . . . . . . . . . . . . I-3 I.7 52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER--CENTRAL CONTRACTOR REGISTRATION (MAY 1999) . . . I-8 I.8 52.243-7 NOTIFICATION OF CHANGES (APR 1984) . . . . . . . . . I-10 I.9 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) . . . . I-12 PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS . . . . . . J-1 SECTION J - LIST OF ATTACHMENTS. . . . . . . . . . . . . . . . . . . . . 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 52.203-11 CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS APR 1991. . 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 (MAR 1996),. . . . K-3 Back to Table of Content TABLE OF CONTENTS PAGE K.4 52.215-6 PLACE OF PERFORMANCE (OCT 1997) . . . . . . . . . . . K-4 K.5 52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (OCT 2000). . . . . . . . K-4 K.6 52.222-22 PREVIOUS CONTRACTS AND COMPLIANCE REPORTS (FEB 1999). . . . . . K-6 K.7 52.222-25 AFFIRMATIVE ACTION COMPLIANCE (APR 1984). . . . . . K-7 K.8 52.227-15 STATEMENT OF LIMITED RIGHTS DATA AND RESTRICTED COMPUTER SOFTWARE (MAY 1999) . . . . . . . . K-7 K.9 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 52.215-1 INSTRUCTIONS TO OFFERORS--COMPETITIVE ACQUISITION FEB 2000. . L-1 L.2 52.215-1 INSTRUCTIONS TO OFFERORS--COMPETITIVE ACQUISITION (FEB 2000) . . . . . . . . L-1 L.3 52.216-1 TYPE OF CONTRACT (APR 1984). . . . . . . . . . . . . L-5 L.4 52.233-2 SERVICE OF PROTEST (AUG 1996). . . . . . . . . . . . L-5 L.5 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) . . . . . . . L-6 L.6 PAST PERFORMANCE. . . . . . . . . . . . . . . . . . . . . . . . L-6 L.7 SUBMISSION OF PROPOSAL. . . . . . . . . . . . . . . . . . . . . L-7 L.8 LETTERS OF COMMITMENT - KEY PERSONNEL, (OCT 2000) . . . . . . . L-11 L.9 SPECIAL REQUIREMENTS . . . . . . . . . . . . . . . . . . . . . . L-11 L.10 CONFIRMATION OF PROPOSED KEY PERSONNEL (OCT 2000) . . . . . . . L-12 L.11 REQUEST FOR CLARIFICATION (RFC) . . . . . . . . . . . . . . . . L-12 SECTION M - EVALUATION FACTORS FOR AWARD . . . . . . . . . . . . . . . . M-1 52.217-3 EVALUATION EXCLUSIVE OF OPTIONS APR 1984. . M-1 M.1 BASIS FOR AWARD (BEST VALUE). . . . . . . . . . . . . . . . . . M-1 M.2 CRITERIA FOR AWARD. . . . . . . . . . . . . . . . . . . . . . . M-2 M.3 DETERMINING OVERALL BEST VALUE . . . . . . . . . . . . . . . . . M-5 Back to Table of Content A-8 Back to Table of Content RFP-DCS-01-18 Section B PART I - THE SCHEDULE SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS EVALUATION OF THE IMPACT AND COST EFFECTIVENESS OF SELF-DIRECTED LABOR EXCHANGE SERVICES The United States Department of Labor, Employment and Training Administration is soliciting proposals to initiate the first phase of a comprehensive, multi-year effort to develop and implement a methodology to identify effective applications, and evaluate the impact and cost-effectiveness of self-directed labor exchange services. Solicitation No. is RFP-DCS-01-18. This solicitation is a 100% Small Business Set-Aside. The period of performance will be twelve (12) months from the date of execution plus three 1- year options at the discretion of the government. The North American Industry Classification System (NAICS) Code has been determined to be 541611, with a $5 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 APRIL 20, 2001, AT 2:00 PM LOCAL TIME. NOTE: THE GOVERNMENT WILL NOT EXTEND THE RECEIPT OF PROPOSALS DATE BEYOND APRIL 20, 2001. REQUESTS FOR CLARIFICATION (RFC) MUST BE RECEIVED NO LATER THAN MARCH 23, 2001, 5:00 P.M. LOCAL TIME Only electronic submission of requests will be accepted. They shall be submitted to Harry B. Ladson Jr. at hladson@doleta.gov. Should any RFC be received after the date stated above, the Government reserves the right not to provide an answer. If, however, the Government determines 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 (https://www.doleta.gov). Offerors interested in networking and or/being placed on a bidders' list for the above-referenced solicitation, please provide the following information: .Name and Address of Organization .Telephone Number .Point of Contact B-1 Back to Table of Content RFP-DCS-01-18 Section B This information is to be submitted electronically to Harry Ladson at hladson@doleta.gov, by 5:00 p.m., local time March 23, 2001. PLEASE BE ADVISED THAT THERE IS NO INCUMBENT CONTRACTOR. B-2 Back to Table of Content RFP-DCS-01-18 Section C SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK C.1 INTRODUCTION The purpose of this solicitation is to select a contractor to assist the Department of Labor (DOL) in assessing the impacts of self-directed labor exchange services (self-directed services) and to evaluate the cost effectiveness of various strategies. The Workforce Investment Act (WIA) emphasizes self-directed services where appropriate. Further, 20 CFR 652.207 (b) refers to three types of service methods (self-service, facilitated self-help, and staff-assisted). Indeed, because access to staff-assisted, intensive services will be limited to "harder-to-employ" job seekers, the roles of "self-serve" and facilitated self-help, generally provided to UI claimants, employers, and job seekers through a computer-based environment, will become central to services provided by One-Stop Centers, and are the focus of this evaluation. Morever, due to the array of public and private self-directed resources available, extensive use of these services will take place outside these centers. Despite extensive Employment and Training Administration (ETA) investments in self-directed services, such as America's Career Kit over the past five years, we possess limited information about implementation, processes, outcomes and impact of these services. This project would begin a comprehensive, multi-year effort to develop and implement a methodology to identify effective applications, and evaluate the impact and cost-effectiveness of self-directed services, by addressing the following questions, among others: (1) What types of self-directed services exist for employers and individuals both within the One-Stop center system and external to the system? (2) What self-directed services are most used and by whom? Which of these services or combination of services are most effective for job-seekers and employers? (3) What are estimates of use of self-directed services both external and internal (within One-Stop centers) services? How do States track the utilization of self-directed services (e.g., Connecticut utilizes a state-wide swipe card system to assess job seeker and employer usage)? (4) What barriers exist for employers and to various demographic groups (such as individuals with disabilities or limited English proficiency) when accessing services and how might these barriers be C-1 Back to Table of Content RFP-DCS-01-18 Section C overcome? (5) What methodological approaches-- return on investment (ROI), cost-benefit analysis, etc.-- are most appropriate for evaluating the impact and cost-effectiveness of identified self-directed service applications? (6) What data exists and what are the sources for the data necessary for analysis. Will new data need to be collected to perform the analysis, and how will this be accomplished? (7) What are the demographic characteristics of individuals (and relevant characteristics of employers) that use such services? (8) What are employment-related outcomes (e.g. entered employment and retention) from use of these services? What do service users (employers and individuals) hope to achieve by using these services? Are they successful, and how will employment-related outcomes and customer satisfaction be measured? C.2 Background Workforce Investment Act (WIA) The WIA asks states and local areas to establish streamlined One-stop service delivery systems that will integrate resources available from a variety of separately funded programs. WIA also emphasizes universal access to labor market information, employment and training services and other labor exchange services, so that anyone who wants assistance relating to job search, career planning and skill upgrades should be able to receive it. Empowering individuals by providing tools to take control over their own careers and planning, is another key aspect of the WIA approach to service delivery. According to this new vision, customers are given responsibility for establishing their own career goals and have new options with respect to the services they access, the training they want to undertake, and the vendors available to provide training to them. In the customer-driven system envisioned under the WIA, employers are also customers. Improving employer services and the level of employer involvement in the One-Stop system is also a goal. Employer services provided by One-Stop system partners should meet the needs of employers across a broad array of business development and workforce development issues, including labor market information, finding qualified workers for new job openings; improving the skills of jobs seekers and incumbent workers and coordinating local workforce development, business development, and economic development strategies. C.3 SCOPE OF WORK The contractor shall accomplish the following tasks. Tasks shall be completed by the due dates specified in the calendar for this project. (1) Key Personnel. The contractor shall designate a Project Director to oversee the evaluation project and other key personnel to perform the task requirements. These staff must possess knowledge and skills in the area of WIA implementation, One-Stop C-2 Back to Table of Content RFP-DCS-01-18 Section C operations, evaluation study design and the application of the latest statistical methodologies. (2) Evaluation Design. The contractor shall develop an evaluation design that will meet the objectives stated earlier in this RFP. The design should include a description of the comparative analysis and the proposed approach for determining cost effectiveness. The contractor shall prepare a draft version of the evaluation design for the project, which shall include a complete, detailed description of the proposed approach (implementation plan) to achieve each objective including methodology, statistical validity of the approach, data sources, and a calendar showing key milestones and deliverables. A description of any proposed self-directed service user "tracking systems" (databases) should be described. If the approach involves the collection of new information (data) not available from existing sources, this process must be described in detail, including any OMB paper work reduction clearance processes and time frames. A detailed plan for site selection for up to five (5) States or up to twenty (20) sub-state areas will be prepared. The plan will support the statistical validity of the proposed evaluation determined to be suitable to the service applications identified for study. This plan should include criteria for selection. One criteria to be, but not limited to, availability of customer satisfaction feedback data. Although, if part of the proposed approach includes the development of feedback collection methodology, this can increase the number of sites eligible for selection. Site visit protocols will be included. Plans for contacting the States/sites and establishing a working relationship should be described and will be the responsibility of the contractor with facilitation by the USDOL. A time frame from which historical and current self-service activity data on self-directed service participants should be identified. The time frame should be long enough to focus on participants' full experience in using self-directed services. A detailed draft outline of the final report should also be included. Once the final version of the evaluation design with calendar and deliverables is accepted by DOL, it will be incorporated as a modification to the contract. This deliverable shall be due within 120 days of contract execution. This design shall include a list of proposed data sources, including but not be limited to: Pre and post-participation data, including but not limited to: employment status/history, any UI claims data for self-directed service participants, including demographic, claim history, and earnings (wage and salary and any self-employment). Employers data may include: industry, commercial activity, firm size, type of business formation, etc. Federally-required reports submitted by the State Employment Security Agencies (SESA) and other One-Stop partners; Administrative cost data specifically related to enrollment of self-directed service participants, including costs of service C-3 Back to Table of Content RFP-DCS-01-18 Section C provision either by the SESA itself, or other One-Stop partners. Internal One-Stop partners reports, and any self-directed service participant surveys; If appropriate, follow-up survey of self-directed service participants both employers and workers; and If appropriate, a participant tracking data-base developed by the offeror. (3) Follow-Up Survey. If proposed in the evaluation design, a survey of self-service customers is to be used in conjunction with any One-Stop partner administered customer surveys, the contractor will prepare a follow-up survey which may be in the form of online or telephone type. The survey will be designed to obtain relevant pre-program, in-program, and post-program information, including costs to the participant, that are necessary to produce valid net impact and benefit-cost estimates. The proposed survey and all necessary Office of Management and Budget (OMB) clearance supporting documentation to secure approval will be delivered along with the evaluation design. (4) Data Collection. The contractor shall collect data necessary to analyze the outcomes for Self-directed service participants. The contractor shall comply with all Federal and State confidentiality requirements regarding data collected for this effort; this may require entering into confidentiality agreements with the host State and/or service providers. In addition, the contractor shall safeguard indefinitely any project data that contains personal identifiers. (5) Design Review Meeting. The contractor shall convene a design review meeting to present the evaluation design to key personnel from DOL and answer any questions they may have. This meeting shall be held at DOL, in Washington, D.C. The contractor shall be responsible for organizing and conducting this meeting. DOL will provide the meeting facilities. Additional, less formal meetings will be necessary during the design phase and throughout the life of the project. As needed, Email, tele-conferences, and status memos will also be utilized for communication with DOL. Following the receipt of comments from DOL on the draft evaluation design, the contractor shall prepare the final evaluation design. Once the final version of the evaluation design is accepted by DOL, it will be incorporated as a modification to the contract. (6) On-site Data Collection Visits. The contractor shall conduct on-site visits to observe State program operations and to collect data for the evaluation. Prior to each visit, the contractor shall prepare a written protocol describing what information they wish to obtain and which staff would be most helpful to interview. Prior to any site visit, the contractor must take all necessary steps prior to the visit to ensure all information needed will be available. These visits shall include interviews with appropriate staff knowledgeable in the operation of the program. Upon return from each site visit, the contractor shall prepare a detailed trip report. The report should include analysis of information and data C-4 Back to Table of Content RFP-DCS-01-18 Section C obtained, its completeness and what affect it will have on the future of the analysis as described in the evaluation design. If newly obtained information suggests a new or modified direction for the research effort, this should be presented with justification for this modification for DOL review. (7) Status Reports. The contractor shall provide written monthly reports to DOL describing the current status of activities for each month of contract performance. In addition, the contractor shall brief the DOL Project Officer orally on the progress of contract activities, including problems and recommended solutions, at least once per week during the project. The status reports will include: A description of overall progress of project activities accomplished during the report month; A description of any problems that may delay accomplishing scheduled milestones or affect the direction of the study; A summary of expenditures for the month, in comparison with planned expenditures for the month; and A brief discussion of planned activities for the next reporting period. (8) Conduct Analysis. The contractor shall conduct the analysis and comparative analysis as outlined in the evaluation design. Cost-Effectiveness. The contractor shall conduct an analysis of cost-effectiveness/Return on Investment of self-directed service in selected States/sites specified in the evaluation design. The analysis shall set up a framework for categorizing and quantifying the impacts and benefits and costs resulting from the impacts of self-directed services. The contractor's benefit-cost analysis shall determine the impacts on society, employers, participants, nonparticipants and the government sectors. Data for the benefit-cost analysis will be collected from a variety of sources, including any follow-up survey, Federal and State government records or other public information. Comparative Analysis. Based on State/site internal or external reports, any proposed survey, on-site visits and any other data collection activity proposed, the contractor shall prepare a comparative analysis of each selected State's/site's self- directed service program, outlining differences among programs and most important, an inventory of self-directed service packages and promising practices. As a by-product of the benefit-cost analysis, DOL wishes to add to its inventory of knowledge of current self-directed service to assist States implementing or modifying a self-directed service program. It should include a description of the baseline service environment in the State, including an assessment of current services. This analysis will be used to establish an understanding of One-Stop operations, existing services, operations, and service user characteristics. The contractor shall conduct this analysis to provide contextual C-5 Back to Table of Content RFP-DCS-01-18 Section C information regarding how self-directed service programs were originally implemented and how it is operating now. The contractor shall also analyze what information (reporting) is used for program operations and how operations can be improved. The analysis should include a review of Federal legislation, Federal implementation guidelines, State legislative changes required, and State administration of the programs. This analysis should also describe how Federal-State oversight of these operations can be improved. (9) Interim Reports. The contractor shall produce two (2) draft interim reports. The first interim report shall be a process analysis of the evaluation to date and will be used by DOL in its decision to exercise an additional option year for the continuation of the evaluation. The second interim report shall be an evaluation report on the results of this analysis to date and will be used by DOL in its decision to exercise an additional option year for the continuation of the evaluation. Based on comments from the Department of Labor received after a briefing and review of the drafts of these reports, the contractor shall prepare and submit a final version of the report within 20 days. (10) Evaluation Report. The contractor shall produce a draft evaluation report on the results of this analysis 180 days before the end of the contract. Based on comments from the Department of Labor received after a briefing and review of the draft, the contractor shall prepare and submit a final report 90 days before the end of the contract. The contractor shall submit ten (10) copies of the report together with a camera ready copy and computer disk containing the report typed in Word processing software specified by DOL. The contractor should also format the document for posting to the DOL Internet Web site. (11) Formal Briefings. The contractor shall conduct a briefing on the interim evaluation and final evaluation results of the project for DOL officials, State officials, and other interested parties. The briefing will be held in Washington, DC. The contractor shall conduct the briefing when the draft of the each is completed and delivered. The contractor shall be responsible for organizing and conducting these briefings. DOL will provide facilities for the briefing. (12) Public Use Data. The contractor shall prepare two (2) public use sets of diskettes containing all data gathered by the contractor for the evaluation of the self-directed service program. The contractor shall prepare these public use diskettes--stripped of all personal identifiers--at the conclusion of the evaluation and shall submit the diskettes to DOL along with the final report with sufficient documentation to enable the data to be used by DOL for additional analysis. C-6 Back to Table of Content RFP-DCS-01-18 Section D SECTION D - PACKAGING AND MARKING [For this Solicitation, there are NO clauses in this Section] D-1 Back to Table of Content RFP-DCS-01-18 Section E SECTION E - INSPECTION AND ACCEPTANCE E.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE The following contract clauses pertinent to this section are hereby incorporated by reference (by Citation Number, Title, and Date) in accordance with the clause at FAR "52.252-2 CLAUSES INCORPORATED BY REFERENCE" in Section I of this contract. See FAR 52.252-2 for an internet address (if specified) for electronic access to the full text of a clause. NUMBER TITLE DATE 52.246-9 INSPECTION OF RESEARCH AND DEVELOPMENT APR 1984 (SHORT FORM) E-1 Back to Table of Content RFP-DCS-01-18 Section F SECTION F - DELIVERIES OR PERFORMANCE F.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE The following contract clauses pertinent to this section are hereby incorporated by reference (by Citation Number, Title, and Date) in accordance with the clause at FAR "52.252-2 CLAUSES INCORPORATED BY REFERENCE" in Section I of this contract. See FAR 52.252-2 for an internet address (if specified) for electronic access to the full text of a clause. NUMBER TITLE DATE 52.242-15 STOP-WORK ORDER AUG 1989 ALTERNATE I (APR 1984) F.2 Period of Performance The period of performance for this study shall be twelve months (12) months from the date of execution of the contract plus three 1-year options at the discretion of the government. F.3 Level of Effort The level of effort for this study is estimated at between 3 and 4 professional person years for the base year. The level of effort for each option year is estimated at between 4.5 and 5.5 professional person years plus inflation. The inflationary rate will be determined by the Bureau of Labor Statistics. F.4 Deliverables/Calendar Upon acceptance of the evaluation design by DOL, with the calendar identifying time-frames and deliverables, the contractor will submit to the project officer designated in the contract the following reports: 1. By the 15th of each month, a monthly status report as detailed in Section C.3(7). 2. Within 120 days of the start of the contract, an evaluation design along with the survey design (if proposed) and draft OMB supporting documentation as specified in Section C.3(2) above. Within 30 days of receipt of any comments from the Department of Labor, a revised evaluation design. 3. Deliverable dates for the two interim reports will be established in the evaluation design and once accepted by DOL will be included in the contract as a modification. Based on comments F-1 Back to Table of Content RFP-DCS-01-18 Section F from the Department of Labor received after a briefing and review of the drafts of the interim reports, the contractor shall prepare and submit a final version of the report within 20 days. 4. A draft final report as specified in Section C.3(10) above will be submitted 180 days prior to the end of the contract. A briefing will also be conducted by the contractor as specified above. 5. Based on comments from the Department of Labor a final report as specified in C.3(10) above will be submitted 30 days before the end of the contract. F-2 Back to Table of Content RFP-DCS-01-18 Section G SECTION G - CONTRACT ADMINISTRATION DATA G.1 IDENTITY AND AUTHORITY OF THE CONTRACTING OFFICER'S REPRESENTATIVE (GOVERNMENT AUTHORIZED REPRESENTATIVE) (A) The authorized representative of the Contracting Officer is TBD whose authority to act on behalf of the Contracting Officer is limited to the extent set forth in (B) below. Under no circumstances is the Government Authorized Representative (GAR) authorized to sign any contractual documents or approve any alteration to the contract involving a change in the scope, price, terms or conditions of the contract or order. (B) The Government Authorized Representative is authorized to: (1) Monitor and inspect Contractor's performance to ensure compliance of the scope of work. (2) Make determinations relative to satisfactory or unsatisfactory performance, including acceptance of all work performed and/or all products produced under the terms of the contract. (3) Review and approve invoices. (4) Review and approve Contractor's project staff as may be called for on the contract. (5) Recommend program changes to the Contracting Officer as a result of monitoring or as may be requested by the Contractor. (6) Review, coordinate changes or corrections, if any, and accept all reports (including any final reports) required under the contract. G.2 INVOICE REQUIREMENTS Contractor will prepare and submit proper invoices (as defined in C below) in accordance with the criteria outlined below. (Also, see Clause 52.232-8 "Discount for Prompt Payment", contained in Section I of the contract.): A. (1) If the contract is a cost-reimbursement type contract, the contractor will submit three (3) ink- signed copies of the invoice, Cost Contractor's Invoice, (ETA 3100-1), together with a detailed report of expenditures, Cost Contractor's Detailed Statement of Costs (ETA 3-2), to the Government Authorized Representative (GAR), U.S. Department of Labor, not more frequently than monthly, unless otherwise so authorized in the contract. G-1 Back to Table of Content RFP-DCS-01-18 Section G (2) If the contract is a fixed-price type contract, the contractor may submit SF-1034, Public Voucher, or the equivalent thereto; i.e., contractor's own invoice, in lieu of the forms described in A(l) above. (3) Invoices should be submitted to the individual listed below: TBD U.S. Department of Labor, ETA 200 Constitution Avenue, NW, Room TBD Washington, D.C. 20210 B. The Detailed Report of Expenditures (ETA 3-2) submitted with the Invoice (ETA 3100-1) must include the same budget line items or cost categories as appears in the contract, including any modifications thereto. C. To constitute a proper invoice, the invoice, must include the following information and/or attached documentation: (1) Name and address of the Contractor; (2) Invoice date; (3) Contract number or other authorization for supplies delivered or services performed (including order number and contract line item number). (4) Description, quantity, unit of measure, unit price, and extended price of supplies delivered or services performed. (5) Shipping and payment terms (e.g., shipment number and date of shipment, prompt payment discount terms. Bill of lading number and weight of shipment will be shown for shipments on Government bills of lading. (6) Name and address of Contractor official to whom payment is to be sent (must be the same as that in the contract or in a proper notice of assignment). (7) Name (where practicable), title, telephone number and mailing address of person to be notified in event of a defective invoice. (8) Any other information or documentation required by other requirements of the contract. In addition to the above, invoices should be numbered consecutively. All final invoices shall be clearly marked Final Invoice. G-2 Back to Table of Content RFP-DCS-01-18 Section G G.3 METHOD OF PAYMENT A. Payments under this contract will be made either by check or electronic funds transfer (through the Treasury Fedline Communications System (FEDLINE) or the Automated Clearing House (A H)), at the option of the Government. After award, but no later than 14 days before an invoice or contract financing request is submitted, the Contractor shall designate a financial institution for receipt of electronic funds transfer payments. The contractor shall submit this designation to the Contracting Officer or other Government official as directed. B. For payments through FEDLINE, the Contractor shall provide the following information: (1) Name, address, and telegraphic abbreviation of the financial institution receiving payment. (2) The American Bankers Association 9-digit identifying number of the financing institution receiving payment if the institution has access to the Federal Reserve Communications System. (3) Payee's account number at the financial institution where funds are to be transferred. (4) If the financial institution does not have access to the Federal Reserve Communications System, provide the name, address, and telegraphic abbreviation of the correspondent financial institution through which the financial institution receiving payment obtains electronic funds transfer messages. Provide the telegraphic abbreviation and American Bankers Association identifying number for the correspondent institution. C. For payments through ACH, the Contractor shall provide the following information: (1) Routing transit number of the financial institution receiving payment (same as American Bankers Association identifying number used for FEDLINE). (2) Number of account to which funds are to be deposited. (3) Type of depositor account ("C" for checking, "S" for savings). (4) If the Contractor is a new enrollee to the ACH system, a "Payment Information Form," SF 3881, must be completed before payment can be processed. D. In the event the Contractor, during the performance of this contract, elects to designate a different financial institution for the receipt of any payment made using electronic funds transfer procedures, notification of such change and the required information specified above must be received by the appropriate Government official 30 days prior to the date such change is to become effective. E. The documents furnishing the information required in paragraphs G-3 Back to Table of Content RFP-DCS-01-18 Section G B and C above must be dated and contain the signature, title, and telephone number of the Contractor official authorized to provide it, as well as the Contractor's name and contract number. F. Contractor failure to properly designate a financial institution or to provide appropriate payee bank account information may delay payments of amounts otherwise properly due. G. The Contractor shall forward the information required above to: U.S. Department of Labor, ETA Division of Accounting, Room N-4702 200 Constitution Avenue, NW Washington, DC 20210 G-4 Back to Table of Content RFP-DCS-01-18 Section H SECTION H - SPECIAL CONTRACT REQUIREMENTS H.1 BUDGET LINE ITEM FLEXIBILITY Flexibility of Direct Costs will be allowed within the Prime Contract Budget, provided no single line item of cost shall be increased or decreased in excess of 20 percent and provided further that the total estimated cost of the Contract is not exceeded. This flexibility of cost does not apply to the wages, salaries and fringe benefits line items (including proposed changes by the Contractor in the mixture, number of hours, wages, and/or bonus or personnel paid under the contract) wherein no increase is permitted without the prior review and approval by the Contracting Officer. In contracts with OPTION TO EXTEND SERVICES provisions, this clause is applicable to each yearly negotiated budget line item amounts, and not the accumulated budget line item totals. H.2 FRINGE BENEFITS Social Security, Worker's Compensation, Unemployment Compensation and any other fringe benefits are a normal practice of the Contractor at the time of final negotiations for this contract and are available to all employees. Fringe benefits from an immediate previous employer which may be continued while employed under this contract are an allowable cost. In no event will duplicate fringe benefits be allowable to an individual under this contract. H.3 VACATIONS, SICK-LEAVE HOLIDAYS The Contractor may grant leave in accordance with its established written policy, provided that policy is accepted by the Contracting Officer or, in the absence of an established policy, leave may be granted as follows: Vacation: Maximum 2 weeks (10 working days) Sick Leave: Maximum 2 weeks (10 working days) Holiday: Maximum of paid holidays Leave shall be accrued at the rate of 5/6 of 1 day per month for each month employed. If the term of this contract is for more than or less than 1 year, the above leave shall be adjusted accordingly. H-1 Back to Table of Content RFP-DCS-01-18 Section H H.4 TRAVEL AND PER DIEM Travel policies as set forth in the Travel Regulations referred to below are required of the Contractor and consultants hereunder. Where the Contractor has a more restrictive travel policy than the Federal Travel Regulations, the more restrictive requirements shall apply. It is the responsibility of the Contractor to authorize only such per diem allowances as justified by the circumstances affecting the travel. Care should be exercised to prevent fixing per diem rates in excess of those required to meet the necessary authorized subsistence expenses. To this end, consideration should be given to factors which reduce the expenses of the employee such as: known arrangements at temporary duty locations where lodging and meals may be obtained without cost or at prices advantageous to the traveler; established cost experience in the localities where lodging and meals are required; situations where special rates for accommodations have been made available for a particular meeting or conference; the extent to which the traveler is familiar with establishments providing lodging and meals at a lower cost in certain localities, particularly, where repeated travel is involved; and the use of methods of travel where sleeping accommodations are provided as part of the transportation expenses. All travel shall be at tourist, coach, or less than first class unless itinerary or unavailability dictate otherwise. All temporary duty and local area automobile travel shall be allowed as prescribed by the applicable Travel Regulations. Copies of applicable Travel Regulations can be obtained as follows at a fee: a. Federal Travel Regulations, prescribed by the General Services Administration, for travel in the conterminous 48 United States: Available on a subscription basis from the Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402, Stock No. 022-001-81003-7. b. Joint Travel Regulations, Volume 2, DoD Civilian Personnel, Appendix A, prescribed by the Department of Defense, for travel in Alaska, Hawaii, the Commonwealth of Puerto Rico, and territories and possessions of the United States: Available on a subscription basis from the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402, Stock No. 908-010-00000-1. c. Standardized Regulations, (Government Civilians, Foreign Areas), Section 925, "Maximum Travel Per Diem Allowances for Foreign Areas," prescribed by the Department of State, for travel in areas not covered in 1 and 2 above: Available on a subscription basis from the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402, Stock No. 744-008-00000-0. H-2 Back to Table of Content RFP-DCS-01-18 Section H H.5 USE OF AND PAYMENT TO CONSULTANTS (a) Consultant(s) hired to perform under this contract may be compensated at a rate for time actually worked (e.g., amount per day, per week, per month, etc.), or at a fixed price for performance of a specific task, or at nominal compensation in accordance with Contractor's policies. However, for the use and payment to consultant(s) prior written approval must be obtained from the Contracting Officer. (b) The amount or rate of payment will be determined on a case-by- case basis, taking into account (among any other relevant factors) the relative importance of the duties to be performed, the stature of the individual in his specialized field, comparable pay for positions under the Classification Act or other Federal pay systems, rates paid by private employers and rates previously paid other experts or consultants for similar work. (c) The contractor shall maintain a written report for the files on the results on all consultations charged to the contract. This report must include, as a minimum: (1) the consultant's name, dates, hours and amounts charged to the contract; (2) the names of the contractor's staff to whom the services are provided; and (3) the results of the subject matter of the consultation. H.6 UNEMPLOYMENT INSURANCE COST Unemployment insurance costs shall be paid by the contractor as they are incurred. However, in the event billings for Unemployment Insurance costs are received by the contractor after the expiration date of this contract and the billings cover the period that this contract was effective, the Government agrees to reimburse the contractor at the same rate that would have been applicable had the cost been paid as they were incurred. H.7 ACCOUNTING AND AUDITING SERVICES (a) Accounting The contractor may procure and utilize such accounting services as are required to establish and maintain an accounting system which reflect accurate, current and complete financial transactions and which meet the standards of the Comptroller General of the United States and the Department of Labor. (b) Auditing The contractor shall audit or have audited subcontractor financial records as may be required to determine, at a minimum, the fiscal integrity of financial transactions and compliance with laws, regulations and administrative requirements. The U.S. Department of Labor shall be responsible for scheduling all audits of the prime contractor's books, documents, papers and H-3 Back to Table of Content RFP-DCS-01-18 Section H records. The Department will use its own audit resources or shall use certified or public accountants under contract or auditors from another Federal agency. Cost of Accounting Services and Audit of subcontractors as described herein are allowable cost under this contract. Costs for audits for which the U.S. Department of Labor is responsible are unallowable. H.8 PRINTING Unless otherwise specified in this contract, the contractor shall not engage in, nor subcontract for, any printing (as that term is defined in Title 1 of the Government Printing and Binding Regulations in effect on the effective date of this contract) in connection with the performance of work under this contract: provided, however, that performance of a requirement under this contract involving the reproduction of less than 5,000 production units of any one page or less than 25,000 production units in the aggregate of multiple pages, will not be deemed to be printing. A production unit is defined as one sheet, size 8 by 11 inches, one side only, one color. H.9 KEY PERSONNEL The personnel specified below or in attachment to this contract are considered to be essential to the work being performed hereunder. Prior to diverting any of the specified individuals to other programs, the Contractor shall notify the Contracting Officer reasonably in advance and shall submit justification (including proposed substitutions) in sufficient detail to permit evaluation of the impact on the program. No diversion shall be made by the Contractor without the written consent of the Contracting Officer; Provided, that the Contracting Officer may ratify in writing such diversion and such ratification shall constitute the consent of the Contracting Officer required by this clause. The below list or attachment to this contract may be amended from time to time during the course of the contract to either add or delete personnel, as appropriate. For the purpose of this contract, the key personnel positions are identified below as: (not specified) (Project Director) - (Senior Researcher) - (Senior Researcher) - - - H-4 Back to Table of Content RFP-DCS-01-18 Section H H.10 CONTRACT NUMBER IDENTIFICATION The Contractor agrees to utilize the number of this contract on all correspondence, communications, reports, vouchers and such other data concerning this contract or delivered hereunder. H.11 SUBMISSION OF CORRESPONDENCE All correspondence relating to contractual aspects shall be directed to the Division of Contract Services, Attention: Contracting Officer. H.12 OTHER CONTRACTORS The Government may undertake or award other contracts for the same, essentially similar, or related work, and the Contractor shall fully cooperate with such other contractors and Government employees. The Contractor shall not commit or permit any act which will interfere with the performance of work by any other contractor or by Government employees. The foregoing paragraph shall be included in the contracts of all Contractors with whom this Contractor will be required to cooperate. The Government shall equitably enforce this clause as to all contractors, to prevent the imposition of unreasonable burdens on any contractor. H.13 LAWS APPLICABLE The contractor will perform its duties in accordance with the applicable Act, and the regulations, procedures and standards promulgated thereunder. The Contractor will comply with all applicable Federal and State and Local laws, rules, and regulations which deal with or relate to the employment of persons who perform work or are trained under contract. This contract in no way relieves the Contractor of responsibility for compliance with the provisions of the Fair Labor Standards Act, as amended. H.14 DISPOSITION OF MATERIAL Upon termination or completion of all work under this contract, the Contractor shall prepare for shipment, deliver F0B destination, or dispose of all materials received from the Government and all residual materials produced in connection with the performance of this contract as may be directed by Contracting Officer, or as specified in other provisions of this contract. All materials produced or required to be delivered under this contract become and remain the property of the Government. H-5 Back to Table of Content RFP-DCS-01-18 Section H H.15 NONDISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITIES (a) No person shall on the ground of race, religion, color, handicap, national origin, sex, age, political affiliation, or beliefs be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded or otherwise financially assisted, in whole or in part with funds made available hereunder. (b) In addition, this contract and any subcontract hereunder is subjected to Title VI of the Civil Rights Act of 1964 (78 Stat. 252) and the Regulations issued thereunder and found at 29 CFR 31. The Contractor agrees that any service, financial aid, or other benefit to be provided by it under this contract shall be furnished without discrimination because of race, color, sex, or national origin; and that the Contractor's employment practices shall be subject to the same restrictions to ensure nondiscriminatory treatment of beneficiaries of assistance under the Act. H.16 FEDERAL REPORTS In the event that it subsequently becomes a contractual requirement to collect or record information calling for answers to identical questions from 10 or more persons other than Federal employees, or for information from Federal employees which is to be used for statistical compilations of general public interest, the Paperwork Reduction Act of 1980 and 5 CRF 1320 shall apply to this contract. No plan, questionnaire, interview guide or similar device for collecting formation (whether repetitive or single-time) may be used without first obtaining clearance from the Office of Management and Budget (OMB). The contractor shall obtain the required OMB clearance through the Project Officer before expending any funds or making public contracts for the collection of data. The authority to expend funds and to proceed with the collection of data shall be issued in writing by the Contracting Officer. H.17 DISCLOSURE OF CONFIDENTIAL INFORMATION The Contractor agrees to maintain the confidentiality of any information regarding applicants, project participants or their immediate families which may be obtained through application forms, interviews, test reports from public agencies or counselors, or any other source. Without the permission of the applicant or participant, such information shall be divulged only as necessary for purposes related to the performance or evaluation of the contract and to persons having responsibilities under the contract, including those furnishing services to the projects under subcontracts. H-6 Back to Table of Content RFP-DCS-01-18 Section H H.18 ELIMINATION OF SEXIST LANGUAGE AND ART WORK All written materials issued by the Contractor or grantee shall conform to the following guidelines for eliminating sexist language and art work: (a) Avoid the use of sex reference in job titles. Titles should conform to the Census Bureau's occupational classification system and the most recently published edition of the Dictionary of Occupational Titles. -- Longshore workers instead of longshoremen. (b) Avoid the use of male and female gender word forms. -- Aviator to include men and women pilots, not aviatrix. (c) Include both sexes by using terms that refer to people as a whole. -- Human beings or people instead of mankind. (d) Avoid the use of masculine and feminine pronouns or adjectives in referring to a hypothetical person or people in general. Change sentences such as: The average American worker spends 2 years of his life in the workforce. -- By rewording to eliminate unnecessary gender pronouns and adjectives. (The average American worker spends 20 years in the workforce.) -- By recasting into the plural. (Most Americans spend 20 years of their lives in the workforce.) -- By replacing the masculine or feminine pronoun or adjective with "one", "you", "he or she", "her or him", or his or her". (An average American spends 20 years of his or her life in the workforce.) (e) Refer to both men and women in such generic terms as economist, doctor, or lawyer. Identify sex through the use of pronouns. -- The lawyer made her final summation. (f) Avoid the use of stereotyped terms or expressions such as "man-sized" job. -- Employee-years and employee-hours (or staff-hours) instead of man-years and man-hours. (g) The use of art work in publications should conform to the following guidelines: (i) Strive to use racially and sexually balanced designs. (ii) Depict both men and women in art work on general subject matters. H-7 Back to Table of Content RFP-DCS-01-18 Section H (iii) Show men and women in a variety of roles in photographs, illustrations, and drawings. -- Show women and men as managers and skilled laborers. H.19 HAZARDOUS OCCUPATION ORDERS The Contractor shall comply with the Hazardous Occupation Orders issued pursuant to the Fair Labor Standards Act and set forth at 20 CFR 570.50 et seq. with respect to the employment of youths under 18 years of age and the Child Labor Standards of 29 CFR 570.31 et seq. with respect to the employment of youths aged 14 and 15. H.20 INSURANCE REQUIREMENTS (FAR-Subpart 28.3) In accordance with the Federal Acquisition Regulation, 48 CFR, Clause 52.228-7 entitled, "Insurance-Liability to Third Persons" the following kinds and amounts of insurance must be procured and maintained in force during the lifetime of the above numbered contract. A. Worker's Compensation - In the amounts required by State law or the United States Longshore Worker's and Harbor Workers' Compensation Act (33 U.S.C. 901). B. Occupational Diseases Insurance - As required by applicable law. In any area where all occupational diseases are not compensable under applicable law, insurance for occupational diseases shall be secured under the employer liability section of your insurance policy, minimum per accident $100,000. C. Employer Liability - This insurance is to cover any liability imposed upon an employer, by law, for damages on account of personal injuries, including death resulting therefrom, sustained by his employees by reason of accident. D. General Liability Insurance (Bodily Injury) - This insurance protects the insured against claims arising from bodily injury or death to third parties occurring on it business premises or through its operations except those arising from motor vehicles away from the premises, those covered by any Worker's Compensation law, and other exclusions stated in the policy. The required coverage for bodily injury shall be $200,000 per person and $500,000 per occurrence. E. Automobile Liability - The required coverage is $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage. F. The policies evidencing such insurance as required under this contract shall contain the following endorsement: "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 H-8 Back to Table of Content RFP-DCS-01-18 Section H 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, workership, 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-9 Back to Table of Content RFP-DCS-01-18 Section H H.24 PUBLICATION OF MATERIALS The Contractor shall receive permission from the Contracting Officer prior to publishing any works performed under this contract. Further, the Contractor shall acknowledge the support of the Department of Labor whenever publicizing any work performed under this contract. To implement the foregoing, the Contractor shall include in any publication resulting from work performed under this contract, an acknowledgement substantially the same as follows: "This project has been funded, either wholly or in part, with Federal funds from the Department of Labor, Employment and Training Administration under Contract Number TBD the contents of this publication do not necessarily reflect the views or policies of the Department of Labor, nor does mention of trade names, commercial products, or organizations imply endorsement of same by the U.S. Government." H.25 OPTION TO EXTEND THE TERMS OF THE CONTRACT - SERVICE (FAR 17.208(g)) 1. The Government may extend the terms of this contract by written notice to the Contractor at least 60 calendar days before the contract expires. This notice does not commit the Government to an extension. 2. If the Government exercises this option, the extended contract shall be considered to include this option provision. 3. The initial period of this contract may be extended by one year, at estimated costs and indirect costs as follows: Option Year Estimated Cost Indirect Cost Total Estimated Cost 1 $.00 $.00 $.00 2 $.00 $.00 $.00 3 $.00 $.00 $.00 The total duration of this contract, including the exercise of any options under this clause, shall not exceed 4 years. 4. Estimated costs, including any indirect costs, for the options years shall be determined at the time of contract execution. Any anticipated deviations from total preestimated option year costs must be presented to the Contracting Officer in writing, with an explanation and justification of the anticipated deviation(s), 10 calendar days after receipt of notice by the contractor of the Government 's intention to exercise the option to extend the term of the contract. No deviations from the total pre-established option years estimated costs shall be permitted without the written consent of the Contracting Officer. Deviations which would increase the total pre-established option year estimated costs by more than 10 H-10 Back to Table of Content RFP-DCS-01-18 Section H 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/ grantees 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/grant funds will not be increased to reimburse organizations for higher indirect cost rates than those rates identified in this clause. Also, the contractor/grantee must obtain approval from the Contract/Grant 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/grantee of any other administrative cost limitations regarding the contract/grant. Billing rates are only temporary for the 90 days period from the effective date of your contract/grant. 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/grantees 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/grants 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: H-11 Back to Table of Content RFP-DCS-01-18 Section H 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/grant 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 DCD Negotiator in the appropriate DOL Regional Office or if applicable, to the DCD 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: ^n Director, Office of Cost Determination (OCD) U.S. Department of Labor, OASAM 200 Constitution Avenue, N.W., Room S-5522 Washington, D.C. 20210 Tel. (202) 219-8391 PLEASE NOTE: All funds awarded under this contract must be used in strict compliance with federal laws, regulations and policies. Costs for food (breakfast, working lunches, breaks and banquets) must not exceed the per diem rate. The contractor shall only be reimbursed for non-federal staff. Federal staff will be responsible for their own cost. (End of Clause) H-12 Back to Table of Content RFP-DCS-01-18 Section I PART II - CONTRACT CLAUSES SECTION I - CONTRACT CLAUSES I.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE The following contract clauses pertinent to this section are hereby incorporated by reference (by Citation Number, Title, and Date) in accordance with the clause at FAR "52.252-2 CLAUSES INCORPORATED BY REFERENCE" in Section I of this contract. See FAR 52.252-2 for an internet address (if specified) for electronic access to the full text of a clause. NUMBER TITLE DATE 52.202-1 DEFINITIONS OCT 1995 52.203-3 GRATUITIES APR 1984 52.203-5 COVENANT AGAINST CONTINGENT FEES APR 1984 52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO JUL 1995 THE GOVERNMENT 52.203-7 ANTI-KICKBACK PROCEDURES JUL 1995 52.203-8 CANCELLATION, RESCISSION, AND RECOVERY JAN 1997 OF FUNDS FOR ILLEGAL OR IMPROPER ACTIVITY 52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR JAN 1997 IMPROPER ACTIVITY 52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE JUN 1997 CERTAIN FEDERAL TRANSACTIONS 52.204-4 PRINTED OR COPIED DOUBLE-SIDED AUG 2000 ON RECYCLED PAPER 52.209-6 PROTECTING THE GOVERNMENT'S INTEREST JUL 1995 WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT 52.215-2 AUDIT AND RECORDS--NEGOTIATION JUN 1999 52.215-8 ORDER OF PRECEDENCE--UNIFORM CONTRACT OCT 1997 FORMAT 52.216-7 ALLOWABLE COST AND PAYMENT MAR 2000 52.216-8 FIXED-FEE MAR 1997 52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE JUL 1996 52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS OCT 2000 52.222-1 NOTICE TO THE GOVERNMENT OF LABOR FEB 1997 DISPUTES 52.222-3 CONVICT LABOR AUG 1996 52.222-21 PROHIBITION OF SEGREGATED FACILITIES FEB 1999 I-1 Back to Table of Content RFP-DCS-01-18 Section I 52.222-26 EQUAL OPPORTUNITY FEB 1999 52.222-35 AFFIRMATIVE ACTION FOR DISABLED VETERANS APR 1998 AND VETERANS OF THE VIETNAM ERA 52.222-36 AFFIRMATIVE ACTION FOR WORKERS WITH JUN 1998 DISABILITIES 52.222-37 EMPLOYMENT REPORTS ON DISABLED VETERANS JAN 1999 AND VETERANS OF THE VIETNAM ERA 52.223-6 DRUG-FREE WORKPLACE JAN 1997 52.225-13 RESTRICTIONS ON CERTAIN FOREIGN JUL 2000 PURCHASES 52.227-1 AUTHORIZATION AND CONSENT JUL 1995 ALTERNATE I (APR 1984) 52.227-2 NOTICE AND ASSISTANCE REGARDING PATENT AUG 1996 AND COPYRIGHT INFRINGEMENT 52.227-11 PATENT RIGHTS -- RETENTION BY THE JUN 1997 CONTRACTOR (SHORT FORM) 52.227-14 RIGHTS IN DATA--GENERAL JUN 1987 52.228-7 INSURANCE--LIABILITY TO THIRD PERSONS MAR 1996 52.232-17 INTEREST JUN 1996 52.232-20 LIMITATION OF COST APR 1984 52.232-23 ASSIGNMENT OF CLAIMS JAN 1986 52.233-1 DISPUTES DEC 1998 ALTERNATE I (DEC 1991) 52.233-3 PROTEST AFTER AWARD AUG 1996 ALTERNATE I (JUN 1985) 52.242-1 NOTICE OF INTENT TO DISALLOW COSTS APR 1984 52.242-3 PENALTIES FOR UNALLOWABLE COSTS OCT 1995 52.242-4 CERTIFICATION OF FINAL INDIRECT COSTS JAN 1997 52.242-13 BANKRUPTCY JUL 1995 52.243-2 CHANGES--COST REIMBURSEMENT AUG 1987 ALTERNATE V (APR 1984) 52.244-2 SUBCONTRACTS AUG 1998 ALTERNATE II (AUG 1998) 52.244-5 COMPETITION IN SUBCONTRACTING DEC 1996 52.245-5 GOVERNMENT PROPERTY (COST-REIMBURSEMENT, JAN 1986 TIME AND MATERIALS, OR LABOR HOUR CONTRACTS) 52.246-23 LIMITATION OF LIABILITY FEB 1997 52.246-25 LIMITATION OF LIABILITY--SERVICES FEB 1997 52.249-6 TERMINATION (COST-REIMBURSEMENT) SEP 1996 52.249-14 EXCUSABLE DELAYS APR 1984 52.253-1 COMPUTER GENERATED FORMS JAN 1991 I.2 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 60 days. I-2 Back to Table of Content RFP-DCS-01-18 Section I I.3 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) (a) The Government may extend the term of this contract by written notice to the Contractor within 60 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days days before the contract expires. 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 5 years. I.4 52.219-14 LIMITATIONS ON SUBCONTRACTING (DEC 1996) By submission of an offer and execution of a contract, the Offeror/Contractor agrees that in performance of this contract for Services (except construction) at least 50 percent of the cost of contract performance incurred for personnel shall be expended for employees of the concern. I.5 52.227-23 RIGHTS TO PROPOSAL DATA (TECHNICAL) (JUN 1987) Except for data contained on pages , it is agreed that as a condition of award of this contract, and notwithstanding the conditions of any notice appearing thereon, the Government shall have unlimited rights (as defined in the "Rights in Data--General" clause contained in this contract) in and to the technical data contained in the proposal dated upon which this contract is based. I.6 52.232-25 PROMPT PAYMENT (JUN 1997) Notwithstanding any other payment clause in this contract, the Government will make invoice payments and contract financing payments under the terms and conditions specified in this clause. Payment shall be considered as being made on the day a check is dated or the date of an electronic funds transfer. Definitions of pertinent terms are set forth in section 32.902 of the Federal Acquisition Regulation. All days referred to in this clause are calendar days, unless otherwise specified. (However, see subparagraph (a)(4) of this clause concerning payments due on Saturdays, Sundays, and legal holidays.) (a) Invoice payments (1) Due Date. The due date for making invoice payments by the designated payment office shall be the later of the following two events: (A) The 30th day after the designated billing office has I-3 Back to Table of Content RFP-DCS-01-18 Section I received a proper invoice from the Contractor (except as provided in subdivision (a)(1)(ii) of this clause). (B) The 30th day after Government acceptance of supplies delivered or services performed by the Contractor. On a final invoice where the payment amount is subject to contract settlement actions, acceptance shall be deemed to have occurred on the effective date of the contract settlement. (ii) If the designated billing office fails to annotate the invoice with the actual date of receipt at the time of receipt, the invoice payment due date shall be the 30th day after the date of the Contractor's invoice; provided a proper invoice is received and there is no disagreement over quantity, quality, or Contractor compliance with contract requirements. (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 paragraph (a)(2)(i) through (a)(2)(viii) of this clause. If the invoice does not comply with these requirements, it shall be returned within 7 days after the date the designated billing office received the invoice (3 days for meat, meat food products, or fish; 5 days for perishable agricultural commodities, edible fats or oils, and food products prepared from edible fats or oils), with a statement of the reasons why it is not a proper invoice. Untimely notification will be taken into account in computing any interest penalty owed the Contractor in the manner described in subparagraph (a)(5) of this clause. (i) Name and address of the Contractor. (ii) Invoice date. (The Contractor is encouraged to date invoices as close as possible to the date of the mailing or transmission.) (iii) Contract number or other authorization for supplies delivered or services performed (including order number and contract line item number). (iv) Description, quantity, unit of measure, unit price, and extended price of supplies delivered or services performed. (v) Shipping and payment terms (e.g., shipment number and date of shipment, prompt payment discount terms). Bill of lading number and weight of shipment will be shown for shipments on Government bills of lading. (vi) Name and address of Contractor official to whom payment is to be sent (must be the same as that in the contract or in a proper notice of assignment). (vii) Name (where practicable), title, phone number, and mailing address of person to be notified in the event of a defective invoice. (viii) Any other information or documentation required by the contract (such as evidence of shipment). I-4 Back to Table of Content RFP-DCS-01-18 Section I (ix) While not required, the Contractor is strongly encouraged to assign an identification number to each invoice. (3) Interest penalty. An interest penalty shall be paid automatically by the designated payment office, without request from the Contractor, if payment is not made by the due date and the conditions listed in paragraphs (a)(2)(i) through (a)(2)(iii) of this clause are met, if applicable. However, when the due date falls on a Saturday, Sunday, or legal holiday when Federal Government offices are closed and Government business is not expected to be conducted, payment may be made on the following business day without incurring a late payment interest penalty. (i) A proper invoice was received by the designated billing office. (ii) A receiving report or other Government documentation authorizing payment was processed, and there was no disagreement over quantity, quality, or Contractor compliance with any contract term or condition. (iii) In the case of a final invoice for any balance of funds due the Contractor for supplies delivered or services performed, the amount was not subject to further contract settlement actions between the Government and the Contractor. (4) Computing penalty amount. The interest penalty shall be at the rate established by the Secretary of the Treasury under section 12 of the Contract Disputes Act of 1978 (41 U.S.C. 611) that is in effect on the day after the due date, except where the interest penalty is prescribed by other governmental authority (e.g., tariffs). This rate is referred to as the "Renegotiation Board Interest Rate," and it is published in the Federal Register semiannually on or about January 1 and July 1. The interest penalty shall accrue daily on the invoice principal payment amount approved by the Government until the payment date of such approved principal amount; and will be compounded in 30-day increments inclusive from the first day after the due date through the payment date. That is, interest accrued at the end of any 30-day period will be added to the approved invoice principal payment amount and will be subject to interest penalties if not paid in the succeeding 30-day period. If the designated billing office failed to notify the Contractor of a defective invoice within the periods prescribed in subparagraph (a)(3) of this clause, the due date on the corrected invoice will be adjusted by subtracting from such date the number of days taken beyond the prescribed notification of defects period. Any interest penalty owed the Contractor will be based on this adjusted due date. Adjustments will be made by the designated payment office for errors in calculating interest penalties. (i) For the sole purpose of computing an interest penalty that might be due the Contractor, Government acceptance shall be deemed to have occurred constructively on the 7th (unless otherwise specified in this contract) after the Contractor delivered the supplies or performed the services in accordance with the terms and conditions of the contract, unless there is a disagreement over quantity, quality, or Contractor compliance with a contract I-5 Back to Table of Content RFP-DCS-01-18 Section I provision. In the event that actual acceptance occurs within the constructive acceptance period, the determination of an interest penalty shall be based on the actual date of acceptance. The constructive acceptance requirement does not, however, compel Government officials to accept supplies or services, perform contract administration functions, or make payment prior to fulfilling their responsibilities. (ii) The following periods of time will not be included in the determination of an interest penalty: (A) The period between the defects notice and resubmission of the corrected invoice by the Contractor. (B) For incorrect electronic funds transfer (EFT) information, in accordance with the EFT clause of this contract. (iii) Interest penalties will not continue to accrue after the filing of a claim for such penalties under the clause at 52.233-1, Disputes, or for more than 1 year. Interest penalties of less than $1 need not be paid. (iv) Interest penalties are not required on payment delays due to disagreement between the Government and the Contractor over the payment amount or other issues involving contract compliance or on amounts temporarily withheld or retained in accordance with the terms of the contract. Claims involving disputes, and any interest that may be payable, will be resolved in accordance with the clause at 52.233-1, Disputes. (5) Prompt payment discounts. An interest penalty also shall be paid automatically by the designated payment office, without request from the Contractor, if a discount for prompt payment is taken improperly. The interest penalty will be calculated as described in subparagraph (a)(4) of this clause on the amount of discount taken for the period beginning with the first day after the end of the discount period through the date when the Contractor is paid. (6) Additional interest penalty. (i) a penalty amount, calculated in accordance with paragraph (a)(6)(iii) of this clause, shall be paid in addition to the interest penalty amount if the Contractor-- (A) Is owed an interest penalty of $1 or more; (B) Is not paid the interest penalty within 10 days after the date the invoice amount is paid; and (C) Makes a written demand to the designated payment office for additional penalty payment, in accordance with paragraph (a)(7)(ii) of this clause, postmarked not later than 40 days after the invoice amount is paid. (ii)(A) Contractors shall support written demands for additional penalty payments with the following data. No additional data shall be required. Contractors shall-- (1) Specifically assert that late payment interest is due I-6 Back to Table of Content RFP-DCS-01-18 Section I under a specific invoice, and request payment of all overdue late payment interest penalty and such additional penalty as may be required; (2) Attach a copy of the invoice on which the unpaid late payment interest was due; and (3) State that payment of the principal has been received, including the date of receipt. (B) Demands must be postmarked on or before the 40th day after payment was made, except that-- (1) If the postmark is illegible or nonexistent, the demand must have been received and annotated with the date of receipt by the designated payment office on or before the 40th day after payment was made; or (2) If the postmark is illegible or nonexistent and the designated payment office fails to make the required annotation, the demand's validity will be determined by the date the Contractor has placed on the demand; provided such date is no later than the 40th day after payment was made. (iii)(A) The additional penalty shall be equal to 100 percent of any original late payment interest penalty, except-- (1) The additional penalty shall not exceed $5,000; (2) The additional penalty shall never be less than $25; and (3) No additional penalty is owed if the amount of the underlying interest penalty is less than $1. (B) If the interest penalty ceases to accrue in accordance with the limits stated in paragraph (a)(4)(iii) of this clause, the amount of the additional penalty shall be calculated on the amount of interest penalty that would have accrued in the absence of these limits, subject to the overall limits on the additional penalty specified in paragraph (a)(6)(iii)(A) of this clause. (C) For determining the maximum and minimum additional penalties, the test shall be the interest penalty due on each separate payment made for each separate contract. The maximum and minimum additional penalty shall not be based upon individual invoices unless the invoices are paid separately. Where payments are consolidated for disbursing purposes, the maximum and minimum additional penalty determination shall be made separately for each contract therein. (D) The additional penalty does not apply to payments regulated by other Government regulations (e.g., payments under utility contracts subject to tariffs and regulation). (b) Contract financing payments--(1) Due dates for recurring financing payments. If this contract provides for contract financing, requests for payment shall be submitted to the designated billing office as specified in this contract or as directed by the I-7 Back to Table of Content RFP-DCS-01-18 Section I Contracting Officer. Contract financing payments shall be made on the 30th day after receipt of a proper contract financing request by the designated billing office. In the event that an audit or other review of a specific financing request is required to ensure compliance with the terms and conditions of the contract, the designated payment office is not compelled to make payment by the due date specified. (2) Due dates for other contract financing. For advance payments, loans, or other arrangements that do not involve recurring submissions of contract financing requests, payment shall be made in accordance with the corresponding contract terms or as directed by the Contracting Officer. (3) Interest penalty not applicable. Contract financing payments shall not be assessed an interest penalty for payment delays. (c) Fast payment procedure due dates. If this contract contains the clause at 52.213-1, Fast Payment Procedure, payments will be made within 15 days after the date of receipt of the invoice. I.7 52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER--CENTRAL CONTRACTOR REGISTRATION (MAY 1999) (a) Method of payment. (1) All payments by the Government under this contract shall be made by electronic funds transfer (EFT), except as provided in paragraph (a)(2) of this clause. As used in this clause, the term "EFT" refers to the funds transfer and may also include the payment information transfer. (2) In the event the Government is unable to release one or more payments by EFT, the Contractor agrees to either-- (i) Accept payment by check or some other mutually agreeable method of payment; or (ii) Request the Government to extend the payment due date until such time as the Government can make payment by EFT (but see paragraph (d) of this clause). (b) Contractor's EFT information. The Government shall make payment to the Contractor using the EFT information contained in the Central Contractor Registration (CCR) database. In the event that the EFT information changes, the Contractor shall be responsible for providing the updated information to the CCR database. (c) Mechanisms for EFT payment. The Government may make payment by EFT through either the Automated Clearing House (ACH) network, subject to the rules of the National Automated Clearing House Association, or the Fedwire Transfer System. The rules governing Federal payments through the ACH are contained in 31 CFR part 210. (d) Suspension of payment. If the Contractor's EFT information in the CCR database is incorrect, then the Government need not make payment to the Contractor under this contract until correct EFT information is entered into the CCR database; and any invoice or I-8 Back to Table of Content RFP-DCS-01-18 Section I contract financing request shall be deemed not to be a proper invoice for the purpose of prompt payment under this contract. The prompt payment terms of the contract regarding notice of an improper invoice and delays in accrual of interest penalties apply. (e) Contractor EFT arrangements. If the Contractor has identified multiple payment receiving points (i.e., more than one remittance address and/or EFT information set) in the CCR database, and the Contractor has not notified the Government of the payment receiving point applicable to this contract, the Government shall make payment to the first payment receiving point (EFT information set or remittance address as applicable) listed in the CCR database. (f) Liability for uncompleted or erroneous transfers. (1) If an uncompleted or erroneous transfer occurs because the Government used the Contractor's EFT information incorrectly, the Government remains responsible for-- (i) Making a correct payment; (ii) Paying any prompt payment penalty due; and (iii) Recovering any erroneously directed funds. (2) If an uncompleted or erroneous transfer occurs because the Contractor's EFT information was incorrect, or was revised within 30 days of Government release of the EFT payment transaction instruction to the Federal Reserve System, and-- (i) If the funds are no longer under the control of the payment office, the Government is deemed to have made payment and the Contractor is responsible for recovery of any erroneously directed funds; or (ii) If the funds remain under the control of the payment office, the Government shall not make payment, and the provisions of paragraph (d) of this clause shall apply. (g) EFT and prompt payment. A payment shall be deemed to have been made in a timely manner in accordance with the prompt payment terms of this contract if, in the EFT payment transaction instruction released to the Federal Reserve System, the date specified for settlement of the payment is on or before the prompt payment due date, provided the specified payment date is a valid date under the rules of the Federal Reserve System. (h) EFT and assignment of claims. If the Contractor assigns the proceeds of this contract as provided for in the assignment of claims terms of this contract, the Contractor shall require as a condition of any such assignment, that the assignee shall register in the CCR database and shall be paid by EFT in accordance with the terms of this clause. In all respects, the requirements of this clause shall apply to the assignee as if it were the Contractor. EFT information that shows the ultimate recipient of the transfer to be other than the Contractor, in the absence of a proper assignment of claims acceptable to the Government, is incorrect EFT information within the meaning of paragraph (d) of this clause. I-9 Back to Table of Content RFP-DCS-01-18 Section I (i) Liability for change of EFT information by financial agent. The Government is not liable for errors resulting from changes to EFT information made by the Contractor's financial agent. (j) Payment information. The payment or disbursing office shall forward to the Contractor available payment information that is suitable for transmission as of the date of release of the EFT instruction to the Federal Reserve System. The Government may request the Contractor to designate a desired format and method(s) for delivery of payment information from a list of formats and methods the payment office is capable of executing. However, the Government does not guarantee that any particular format or method of delivery is available at any particular payment office and retains the latitude to use the format and delivery method most convenient to the Government. If the Government makes payment by check in accordance with paragraph (a) of this clause, the Government shall mail the payment information to the remittance address contained in the CCR database. I.8 52.243-7 NOTIFICATION OF CHANGES (APR 1984) (a) Definitions. "Contracting Officer," as used in this clause, does not include any representative of the Contracting Officer. "Specificially Authorized Representative (SAR)," as used in this clause, means any person the Contracting Officer has so designated by written notice (a copy of which shall be provided to the Contractor) which shall refer to this subparagraph and shall be issued to the designated representative before the SAR exercises such authority. (b) Notice. The primary purpose of this clause is to obtain prompt reporting of Government conduct that the Contractor considers to constitute a change to this contract. Except for changes identified as such in writing and signed by the Contracting Officer, the Contractor shall notify the Administrative Contracting Officer in writing promptly, within calendar days from the date that the Contractor identifies any Government conduct (including actions, inactions, and written or oral communications) that the Contractor regards as a change to the contract terms and conditions. On the basis of the most accurate information available to the Contractor, the notice shall state-- (1) The date, nature, and circumstances of the conduct regarded as a change; (2) The name, function, and activity of each Government individual and Contractor official or employee involved in or knowledgeable about such conduct; (3) The identification of any documents and the substance of any oral communication involved in such conduct; (4) In the instance of alleged acceleration of scheduled performance or delivery, the basis upon which it arose; I-10 Back to Table of Content RFP-DCS-01-18 Section I (5) The particular elements of contract performance for which the Contractor may seek an equitable adjustment under this clause, including-- (i) What contract line items have been or may be affected by the alleged change; (ii) What labor or materials or both have been or may be added, deleted, or wasted by the alleged change; (iii) To the extent practicable, what delay and disruption in the manner and sequence of performance and effect on continued performance have been or may be caused by the alleged change; (iv) What adjustments to contract price, delivery schedule, and other provisions affected by the alleged change are estimated; and (6) The Contractor's estimate of the time by which the Government must respond to the Contractor's notice to minimize cost, delay or disruption of performance. (c) Continued performance. Following submission of the notice required by (b) above, the Contractor shall diligently continue performance of this contract to the maximum extent possible in accordance with its terms and conditions as construed by the Contractor, unless the notice reports a direction of the Contracting Officer or a communication from a SAR of the Contracting Officer, in either of which events the Contractor shall continue performance; provided, however, that if the Contractor regards the direction or communication as a change as described in (b) above, notice shall be given in the manner provided. All directions, communications, interpretations, orders and similar actions of the SAR shall be reduced to writing promptly and copies furnished to the Contractor and to the Contracting Officer. The Contracting Officer shall promptly countermand any action which exceeds the authority of the SAR. (d) Government response. The Contracting Officer shall promptly, within calendar days after receipt of notice, respond to the notice in writing. In responding, the Contracting Officer shall either-- (1) Confirm that the conduct of which the Contractor gave notice constitutes a change and when necessary direct the mode of further performance; (2) Countermand any communication regarded as a change; (3) Deny that the conduct of which the Contractor gave notice constitutes a change and when necessary direct the mode of further performance; or (4) In the event the Contractor's notice information is inadequate to make a decision under (1), (2), or (3) above, advise the Contractor what additional information is required, and establish the date by which it should be furnished and the date thereafter by which the Government will respond. I-11 Back to Table of Content RFP-DCS-01-18 Section I (e) Equitable adjustments. (1) If the Contracting Officer confirms that Government conduct effected a change as alleged by the Contractor, and the conduct causes an increase or decrease in the Contractor's cost of, or the time required for, performance of any part of the work under this contract, whether changed or not changed by such conduct, an equitable adjustment shall be made-- (i) In the contract price or delivery schedule or both; and (ii) In such other provisions of the contract as may be affected. (2) The contract shall be modified in writing accordingly. In the case of drawings, designs or specifications which are defective and for which the Government is responsible, the equitable adjustment shall include the cost and time extension for delay reasonably incurred by the Contractor in attempting to comply with the defective drawings, designs or specifications before the Contractor identified, or reasonably should have identified, such defect. When the cost of property made obsolete or excess as a result of a change confirmed by the Contracting Officer under this clause is included in the equitable adjustment, the Contracting Officer shall have the right to prescribe the manner of disposition of the property. The equitable adjustment shall not include increased costs or time extensions for delay resulting from the Contractor's failure to provide notice or to continue performance as provided, respectively, in (b) and (c) above. I.9 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): http://www.arnet.gov/far I-12 Back to Table of Content RFP-DCS-01-18 Section J PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS SECTION J - LIST OF ATTACHMENTS ATTACHMENT NO. NUMBER TITLE DATE PAGES J.1 Contract Pricing Proposal Cover Sheet, Standard Form 1411 (1 page) J.2 Cost and Price Analysis, ETA form 8555 (8 pages) J.3 Statement of Financial Capability, ETA 8554 (2 pages) J.4 Cost Contractor's Invoice, ETA 3100-1 (1 page) J.5 Cost Contractor's Detailed Statement of Cost, ETA 3-2 (1 page) J.6 Client Authorization Letter (1 page) J.7 Past Performance Evaluation Questionnaire (2 pages) J.8 Past Performance Reference Information (2 pages) J.9. Vets-100 - Federal Contractor Veterans Employment Report, OMB 1293-0005 (2 pages) J-1 Back to Table of Content RFP-DCS-01-18 Section K PART IV - REPRESENTATIONS AND INSTRUCTIONS SECTION K - REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS K.1 NOTICE LISTING SOLICITATION PROVISIONS INCORPORATED BY REFERENCE The following solicitation provisions pertinent to this section are hereby incorporated by reference (by Citation Number, Title, and Date) in accordance with the FAR provision at FAR "52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE" in Section L of this solicitation. See FAR 52.252-1 for an internet address (if specified) for electronic access to the full text of a provision. NUMBER TITLE DATE 52.203-11 CERTIFICATION AND DISCLOSURE REGARDING APR 1991 PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS K.2 52.204-3 TAXPAYER IDENTIFICATION (OCT 1998) (a) Definitions. Common parent, as used in this provision, means that corporate entity that owns or controls an affiliated group of corporations that files its Federal income tax returns on a consolidated basis, and of which the offeror is a member. Taxpayer Identification Number (TIN), as used in this provision, means the number required by the Internal Revenue Service (IRS) to be used by the offeror in reporting income tax and other returns. The TIN may be either a Social Security Number or an Employer Identification Number. (b) All offerors must submit the information required in paragraphs (d) through (f) of this provision to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by the IRS. If the resulting contract is subject to the payment reporting requirements described in Federal Acquisition Regulation (FAR) 4.904, the failure or refusal by the offeror to furnish the information may result in a 31 percent reduction of payments otherwise due under the contract. (c) The TIN may be used by the Government to collect and report on any delinquent amounts arising out of the offeror's relationship K-1 Back to Table of Content RFP-DCS-01-18 Section K with the Government (31 U.S.C. 7701(c)(3)). If the resulting contract is subject to the payment reporting requirements described in FAR 4.904, the TIN provided hereunder may be matched with IRS records to verify the accuracy of the offeror's TIN. (d) Taxpayer Identification Number (TIN). [ ] TIN:. ____________________________ [ ] TIN has been applied for. [ ] TIN is not required because: [ ] Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying agent in the United States; [ ] Offeror is an agency or instrumentality of a foreign government; [ ] Offeror is an agency or instrumentality of the Federal Government. (e) Type of organization. [ ] Sole proprietorship; [ ] Partnership; [ ] Corporate entity (not tax-exempt); [ ] Corporate entity (tax-exempt); [ ] Government entity (Federal, State, or local); [ ] Foreign government; [ ] International organization per 26 CFR 1.6049-4; [ ] Other ___________________________________________ (f) Common parent. [ ] Offeror is not owned or controlled by a common parent as defined in paragraph (a) of this provision. [ ] Name and TIN of common parent: Name ____________________________________________________ TIN ____________________________________________________ K-2 Back to Table of Content RFP-DCS-01-18 Section K K.3 52.209-5 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, PROPOSED DEBARMENT, AND OTHER RESPONSIBILITY MATTERS (MAR 1996) (a)(1) The Offeror certifies, to the best of its knowledge and belief, that - (i) The Offeror and/or any of its Principals - (A) Are [ ] are not [ ] presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency; (B) Have [ ] have not [ ], within a 3-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, state, or local) contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion or receiving stolen property; and (C) Are [ ] are not [ ] presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in subdivision (a)(1)(i)(B) of this provision. (ii) The Offeror has [ ] has not [ ], within a 3-year period preceding this offer, had one or more contracts terminated for default by any Federal agency. (2) "Principals," for the purposes of this certification, means officers; directors; owners; partners; and, persons having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a subsidiary, division, or business segment, and similar positions). THIS CERTIFICATION CONCERNS A MATTER WITHIN THE JURISDICTION OF AN AGENCY OF THE UNITED STATES AND THE MAKING OF A FALSE, FICTITIOUS, OR FRAUDULENT CERTIFICATION MAY RENDER THE MAKER SUBJECT TO PROSECUTION UNDER SECTION 1001, TITLE 18, UNITED STATES CODE. (b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. (c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible. (d) Nothing contained in the foregoing shall be construed to K-3 Back to Table of Content RFP-DCS-01-18 Section K require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. (e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default. K.4 52.215-6 PLACE OF PERFORMANCE (OCT 1997) (a) The offeror or respondent, in the performance of any contract resulting from this solicitation, [ ] intends, [ ] does not intend [check applicable block] to use one or more plants or facilities located at a different address from the address of the offeror or respondent as indicated in this proposal or response to request for information. (b) If the offeror or respondent checks "intends" in paragraph (a) of this provision, it shall insert in the following spaces the required information: ------------------------------------------------------------------------ Place of performance (street | Name and address of owner and (street address, city, state, | operator of the plant or facility county, code) | if other than offeror or respondent ------------------------------------------------------------------------ ___________________________________|__________________________________ ___________________________________|__________________________________ ___________________________________|__________________________________ ___________________________________|__________________________________ ___________________________________|__________________________________ ___________________________________|__________________________________ ___________________________________|__________________________________ ___________________________________|__________________________________ ___________________________________|__________________________________ ------------------------------------------------------------------------ K.5 52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (OCT 2000) (a)(1) The North American Industry Classification System (NAICS) code for this acquisition is-- 541720. K-4 Back to Table of Content RFP-DCS-01-18 Section K (2) The small business size standard is 5 million [average annual receipts for 3 preceding fiscal yrs]. (3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees. (b) Representations. (1) The offeror represents as part of its offer that it [ ] is, [ ] is not a small business concern. (2) (Complete only if the offeror represented itself as a small business concern in paragraph (b)(1) of this provision.) The offeror represents, for general statistical purposes, that it [ ] is, [ ] is not, a small disadvantaged business concern as defined in 13 CFR 124.1002. (3) (Complete only if the offeror represented itself as a small business concern in paragraph (b)(1) of this provision.) The offeror represents as part of its offer that it [ ] is, [ ] is not a women-owned small business concern. (4) [Complete only if the offeror represented itself as a small business concern in paragraph (b)(1) of this provision.] The offeror represents as part of its offer that it [ ] is, [ ] is not a veteran-owned small business concern. (5) [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (b)(4) of this provision.] The offeror represents as part of its offer that it [ ] is, [ ] is not a service-disabled veteran-owned small business concern. (c) Definitions. As used in this provision-- Service-disabled veteran-owned small business concern-- (1) Means a small business concern-- (i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and (ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran. (2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16). Small business concern, as used in this provision, means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and the size standard in paragraph (a) of this provision. K-5 Back to Table of Content RFP-DCS-01-18 Section K Veteran-owned small business concern means a small business concern-- (1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and (2) The management and daily business operations of which are controlled by one or more veterans. Women-owned small business concern, as used in this provision, means a small business concern-- (1) Which is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and (2) Whose management and daily business operations are controlled by one or more women. (d) Notice. (1) If this solicitation is for supplies and has been set aside, in whole or in part, for small business concerns, then the clause in this solicitation providing notice of the set-aside contains restrictions on the source of the end items to be furnished. (2) Under 15 U.S.C. 645(d), any person who misrepresents a firm's status as a small, HUBZone small, small disadvantaged, or women- owned small business concern in order to obtain a contract to be awarded under the preference programs established pursuant to section 8(a), 8(d), 9, or 15 of the Small Business Act or any other provision of Federal law that specifically references section 8(d) for a definition of program eligibility, shall-- (i) Be punished by imposition of fine, imprisonment, or both; (ii) Be subject to administrative remedies, including suspension and debarment; and (iii) Be ineligible for participation in programs conducted under the authority of the Act. K.6 52.222-22 PREVIOUS CONTRACTS AND COMPLIANCE REPORTS (FEB 1999) The offeror represents that-- (a) It [ ] has, [ ] has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; the clause originally contained in Section 310 of Executive Order No. 10925, or the clause contained in Section 201 of Executive Order No. 11114; K-6 Back to Table of Content RFP-DCS-01-18 Section K (b) It [ ] has, [ ] has not filed all required compliance reports; and (c) Representations indicating submission of required compliance reports, signed by proposed subcontractors, will be obtained before subcontract awards. K.7 52.222-25 AFFIRMATIVE ACTION COMPLIANCE (APR 1984) The offeror represents that-- (a) It [ ] has developed and has on file, [ ] has not developed and does not have on file, at each establishment, affirmative action programs required by the rules and regulations of the Secretary of Labor (41 CFR 60-1 and 60-2), or (b) It [ ] has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor. K.8 52.227-15 STATEMENT OF LIMITED RIGHTS DATA AND RESTRICTED COMPUTER SOFTWARE (MAY 1999) (a) This solicitation sets forth the work to be performed if a contract award results, and the Government's known delivery requirements for data (as defined in FAR 27.401). Any resulting contract may also provide the Government the option to order additional data under the Additional Data Requirements clause at 52.227-16 of the FAR, if included in the contract. Any data delivered under the resulting contract will be subject to the Rights in Data--General clause at 52.227-14 that is to be included in this contract. Under the latter clause, a Contractor may withhold from delivery data that qualify as limited rights data or restricted computer software, and deliver form, fit, and function data in lieu thereof. The latter clause also may be used with its Alternates II and/or III to obtain delivery of limited rights data or restricted computer software, marked with limited rights or restricted rights notices, as appropriate. In addition, use of Alternate V with this latter clause provides the Government the right to inspect such data at the Contractor's facility. (b) As an aid in determining the Government's need to include Alternate II or Alternate III in the clause at 52.227-14, Rights in Data--General, the offeror shall complete paragraph (c) of this provision to either state that none of the data qualify as limited rights data or restricted computer software, or identify, to the extent feasible, which of the data qualifies as limited rights data or restricted computer software. Any identification of limited rights data or restricted computer software in the offeror's response is not determinative of the status of such data should a contract be awarded to the offeror. K-7 Back to Table of Content RFP-DCS-01-18 Section K (c) The offeror has reviewed the requirements for the delivery of data or software and states [offeror check appropriate block]-- [ ] None of the data proposed for fulfilling such requirements qualifies as limited rights data or restricted computer software. [ ] Data proposed for fulfilling such requirements qualify as limited rights data or restricted computer software and are identified as follows: ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ Note: "Limited rights data" and "Restricted computer software" are defined in the contract clause entitled "Rights in Data--General." K-8 Back to Table of Content RFP-DCS-01-18 Section K K.9 SIGNATURE BLOCK I, the undersigned, do hereby attest that all representations and certifications made in this Section K are true. Also, I, the undersigned, am aware of the penalties prescribed in 18 U.S. Code 1001 for making false statements in offers; and I am legally authorized to bind the company or organization represented. __________________________________________ _____________ (Signature) (Date) __________________________________________ (Typed or Printed Name) __________________________________________ (Title) __________________________________________ (Solicitation Number) __________________________________________ (Name of Company/Organization Represented) __________________________________________ (Address, including Zip Code) _______________________________________ (Telephone Number, including Area Code) K-9 Back to Table of Content RFP-DCS-01-18 Section L SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS L.1 NOTICE LISTING SOLICITATION PROVISIONS INCORPORATED BY REFERENCE The following solicitation provisions pertinent to this section are hereby incorporated by reference (by Citation Number, Title, and Date) in accordance with the FAR provision at FAR "52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE" in Section L of this solicitation. See FAR 52.252-1 for an internet address (if specified) for electronic access to the full text of a provision. NUMBER TITLE DATE 52.215-1 INSTRUCTIONS TO OFFERORS--COMPETITIVE FEB 2000 ACQUISITION L.2 52.215-1 INSTRUCTIONS TO OFFERORS--COMPETITIVE ACQUISITION (FEB 2000) (a) Definitions. As used in this provision-- Discussions are negotiations that occur after establishment of the competitive range that may, at the Contracting Officer's discretion, result in the offeror being allowed to revise its proposal. In writing or written means any worded or numbered expression which can be read, reproduced, and later communicated, and includes electronically transmitted and stored information. Proposal modification is a change made to a proposal before the solicitation's closing date and time, or made in response to an amendment, or made to correct a mistake at any time before award. Proposal revision is a change to a proposal made after the solicitation closing date, at the request of or as allowed by a Contracting Officer as the result of negotiations. Time, if stated as a number of days, is calculated using calendar days, unless otherwise specified, and will include Saturdays, Sundays, and legal holidays. However, if the last day falls on a Saturday, Sunday, or legal holiday, then the period shall include the next working day. (b) Amendments to solicitations. If this solicitation is amended, all terms and conditions that are not amended remain unchanged. Offerors shall acknowledge receipt of any amendment to this solicitation by the date and time specified in the amendment(s). L-1 Back to Table of Content RFP-DCS-01-18 Section L (c) Submission, modification, revision, and withdrawal of proposals. (1) Unless other methods (e.g., electronic commerce or facsimile) are permitted in the solicitation, proposals and modifications to proposals shall be submitted in paper media in sealed envelopes or packages (i) addressed to the office specified in the solicitation, and (ii) showing the time and date specified for receipt, the solicitation number, and the name and address of the offeror. Offerors using commercial carriers should ensure that the proposal is marked on the outermost wrapper with the information in paragraphs (c)(1)(i) and (c)(1)(ii) of this provision. (2) The first page of the proposal must show-- (i) The solicitation number; (ii) The name, address, and telephone and facsimile numbers of the offeror (and electronic address if available); (iii) A statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation and agreement to furnish any or all items upon which prices are offered at the price set opposite each item; (iv) Names, titles, and telephone and facsimile numbers (and electronic addresses if available) of persons authorized to negotiate on the offeror's behalf with the Government in connection with this solicitation; and (v) Name, title, and signature of person authorized to sign the proposal. Proposals signed by an agent shall be accompanied by evidence of that agent's authority, unless that evidence has been previously furnished to the issuing office. (3) Submission, modification, revision, and withdrawal of proposals. (i) Offerors are responsible for submitting proposals, and any modifications or revisions so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that proposal or revision is due. (ii)(A) Any proposal, modification or revision received at the Government office designated in the solicitation after the exact time specified for receipt of offers is ``late'' and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and-- (1) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of proposals; or (2) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or (3) It is the only proposal received. L-2 Back to Table of Content RFP-DCS-01-18 Section L (B) However, a late modification of an otherwise successful proposal that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted. (iii) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the proposal wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel. (iv) If an emergency or unanticipated event interrupts normal Government processes so that proposals cannot be received at the office designated for receipt of proposals by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation, the time specified for receipt of proposals will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume. (v) Proposals may be withdrawn by written notice received at any time before award. Oral proposals in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile proposals, proposals may be withdrawn via facsimile received at any time before award, subject to the conditions specified in the provision at 52.215-5, Facsimile Proposals. Proposals may be withdrawn in person by an offeror or an authorized representative, if the identity of the person requesting withdrawal is established and the person signs a receipt for the proposal before award. (vi) Notwithstanding paragraph (c)(3)(i) of this provision, a late modification or revision of an otherwise successful proposal that makes its terms more favorable to the Government will be considered at any time it is received and may be accepted. (vii) Proposals may be withdrawn by written notice or telegram (including mailgram) received at any time before award. If the solicitation authorizes facsimile proposals, proposals may be withdrawn via facsimile received at any time before award, subject to the conditions specified in the provision entitled "Facsimile Proposals." Proposals may be withdrawn in person by an offeror or an authorized representative, if the representative's identity is made known and the representative signs a receipt for the proposal before award. (viii) If an emergency or unanticipated event interrupts normal Government processes so that proposals cannot be received at the office designated for receipt of proposals by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of proposals will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office. (4) Unless otherwise specified in the solicitation, the offeror may propose to provide any item or combination of items. (5) Offerors shall submit proposals in response to this solicitation in English, unless otherwise permitted by the solicitation, and in U.S. dollars, unless the provision at FAR 52.225-17, Evaluation of Foreign Currency Offers, is included in the solicitation. (6) Offerors may submit modifications to their proposals at any time before L-3 Back to Table of Content RFP-DCS-01-18 Section L the solicitation closing date and time, and may submit modifications in response to an amendment, or to correct a mistake at any time before award. (7) Offerors may submit revised proposals only if requested or allowed by the Contracting Officer. (8) Proposals may be withdrawn at any time before award. Withdrawals are effective upon receipt of notice by the Contracting Officer. (d) Offer expiration date. Proposals in response to this solicitation will be valid for the number of days specified on the solicitation cover sheet (unless a different period is proposed by the offeror). (e) Restriction on disclosure and use of data. Offerors that include in their proposals data that they do not want disclosed to the public for any purpose, or used by the Government except for evaluation purposes, shall-- (1) Mark the title page with the following legend: This proposal includes data that shall not be disclosed outside the Government and shall not be duplicated, used, or disclosed--in whole or in part-- for any purpose other than to evaluate this proposal. If, however, a contract is awarded to this offeror as a result of--or in connection with-- the submission of this data, the Government shall have the right to duplicate, use, or disclose the data to the extent provided in the resulting contract. This restriction does not limit the Government's right to use information contained in this data if it is obtained from another source without restriction. The data subject to this restriction are contained in sheets [insert numbers or other identification of sheets]; and (2) Mark each sheet of data it wishes to restrict with the following legend: Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal. (f) Contract award. (1) The Government intends to award a contract or contracts resulting from this solicitation to the responsible offeror(s) whose proposal(s) represents the best value after evaluation in accordance with the factors and subfactors in the solicitation. (2) The Government may reject any or all proposals if such action is in the Government's interest. (3) The Government may waive informalities and minor irregularities in proposals received. (4) The Government intends to evaluate proposals and award a contract without discussions with offerors (except clarifications as described in FAR 15.306(a)). Therefore, the offeror's initial proposal should contain the offeror's best terms from a cost or price and technical standpoint. The Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary. If the Contracting Officer determines that the number of proposals that would otherwise be in the competitive range exceeds the number at which an efficient competition can be conducted, the Contracting Officer may limit the number of proposals in the competitive range to the greatest number that will permit an efficient competition among the most highly rated proposals. (5) The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit cost or prices offered, unless the offeror specifies otherwise in the proposal. L-4 Back to Table of Content RFP-DCS-01-18 Section L (6) The Government reserves the right to make multiple awards if, after considering the additional administrative costs, it is in the Government's best interest to do so. (7) Exchanges with offerors after receipt of a proposal do not constitute a rejection or counteroffer by the Government. (8) The Government may determine that a proposal is unacceptable if the prices proposed are materially unbalanced between line items or subline items. Unbalanced pricing exists when, despite an acceptable total evaluated price, the price of one or more contract line items is significantly overstated or understated as indicated by the application of cost or price analysis techniques. A proposal may be rejected if the Contracting Officer determines that the lack of balance poses an unacceptable risk to the Government. (9) If a cost realism analysis is performed, cost realism may be considered by the source selection authority in evaluating performance or schedule risk. (10) A written award or acceptance of proposal mailed or otherwise furnished to the successful offeror within the time specified in the proposal shall result in a binding contract without further action by either party. (11) The Government may disclose the following information in postaward debriefings to other offerors: (i) The overall evaluated cost or price and technical rating of the successful offeror; (ii) The overall ranking of all offerors, when any ranking was developed by the agency during source selection; (iii) A summary of the rationale for award; and (iv) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror. L.3 52.216-1 TYPE OF CONTRACT (APR 1984) The Government contemplates award of a CPFF contract resulting from this solicitation. L.4 52.233-2 SERVICE OF PROTEST (AUG 1996) (a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the General Accounting Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from: L-5 Back to Table of Content RFP-DCS-01-18 Section L KEITH A. BOND Hand-Carried Address: U.S. Department of Labor, ETA/OGCM Division of Contract Services 200 Constitution Avenue, NW Room C-4310 Washington DC 20210 Mailing Address: U.S. Department of Labor, ETA/OGCM Division of Contract Services 200 Constitution Avenue, NW Room S-4203 Washington DC 20210 (b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO. L.5 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): http://www.arnet.gov/far L.6 PAST PERFORMANCE Offerors shall submit the following information as part of their proposal for both the offeror and proposed major subcontractors: A. A list of all relevant contracts and subcontracts completed during the past three (3) years and all contracts and subcontracts L-6 Back to Table of Content RFP-DCS-01-18 Section L currently in process. The reference should be on project/work similar in nature. Contracts listed may include those entered into by the Federal Government, agencies of state and local governments and commercial customers. Offerors that are newly formed entities without prior contracts should list contracts and subcontracts as required above for all key personnel. Include the following information for each contract and subcontract: 1. Name of contracting activity 2. contract number 3. Contract type 4. total contract value 5. contract work 6. contracting officer and telephone 7. program manager and telephone 8. administrative contracting officer, if different from #6 and telephone number 9. list of major subcontractors B. The offeror may provide information on problems encountered on subcontracts identified in A above and corrective actions taken to Offerors should not provide general information of their performance contracts. General performance information will be obtained from C. The offeror may describe any quality of awards or certifications offeror possess a high quality process for developing and producing required. Identify what segment of the company (one division or the received the award or certification. Describe when the award or bestowed. If the award or certification is over three years old, qualifications still apply. D. Each offeror will be evaluated on his/her performance under contracts for similar products or services. Performance information responsibility determinations and as an evaluation factor against rankings will be compared to assure best value to the Government. on information that demonstrates quality of performance relative to the procurement under consideration. The contractor's reference Section J.8 will be used to collect this information. References the offeror may be contacted by the Government with the information evaluation of the offerors's past performance. The Government may decide not to contact all of the references provided by the offeror. providing reference information about an offeror's past performance L.7 SUBMISSION OF PROPOSAL (A) - General: Your proposal must be submitted in four (4) separate and direct parts as outlined below, consisting of the number of stated copies and accompanied by the required supportive materials to insure that the proposal will be considered responsible to the Request for Proposals. Part 1 - Original and two (2) signed copies of completed Standard Form 33, Solicitation, Offer and Award, and all attachments thereto except those items required in Part 2 L-7 Back to Table of Content RFP-DCS-01-18 Section L 3 and 4 will be submitted as outlined in their respective parts. Legible copies are acceptable. (All copies shall be ink-signed.) Part 2 - A detailed Technical Proposal in an original and four (4) copies as further outlined below. The Technical Proposal shall not make reference to cost or price data so that an independent technical evaluation may be made on the basis of technical merit alone. Failure to comply with this requirement will result in a determination of nonrespon- siveness. Proposals specifying less than one hundred twenty (120) days Government Acceptance may be considered not acceptable. Any exceptions taken by a proposer to any provisions of this Request for Proposals or any condition placed upon a proposal may result in a finding of not acceptable. Only one proposal may be submitted by each respondent. Part 3 - Past Performance Information as described in L.6 and M.2(C). Part 4 - A detailed Business Management Proposal as further outlined in the below instructions and consisting of: (a) Three (3) copies of Exhibit A - Cost and Price Analysis, ETA 8555 (Mar. 1981) (b) One (1) copy of Exhibit B - Statement of Financial Capability, ETA 8554 (Mar. 1981) (c) "One (1) each Accounting System Certification which is a statement certifying that the offeror has an established accounting system with internal controls adequate to safeguard their assets, insure that funds are accounted for by cost categories, check the accuracy and reliability of the accounting data, promote operating efficiency and permit compliance with Government requirements and accounting procedures with respect to Cost Reimbursement types of contracts. The statement shall be executed by a certified public accountant (CPA), licensed public accountant, a bona-fide accounting or audit organization such as Defense Contract Audit Agency (DCAA) or an entity of equivalent status acceptable to the Government." Failure to include the above stated supportive materials with your proposal will be a basis for determination of not acceptable. NOTE: Part 1, 2, 3 and 4 should be sealed in separate envelopes and included in one master package. The RFP number and related Part numbers outlined above, if applicable, must be shown in the upper left hand corner of each of the envelopes as well as the master package. (B) - Technical Proposal (Part 2): L-8 Back to Table of Content RFP-DCS-01-18 Section L Your technical proposal should be specific and complete. Your proposal should demonstrate a thorough understanding of the requirements of the attached schedule (PART I - SECTION C) and a logical plan for accomplishment. To facilitate proposal evaluation, the offeror shall submit as part of the proposal a separate enclosure entitled "Technical Proposal." The information should be keyed to each paragraph of the technical proposal requirements as outlined below: Problem and Approach The technical proposal must at a minimum provide: 1. The proposal shall provide a statement of the scope of work in offeror's own words to demonstrate the offeror's complete understanding of the intent and requirements. 2. The proposal shall fully describe the proposed technical approach to comply with each of the requirements specified under the statement of work. Experience The proposal shall describe the offeror's past experience in performing work of a similar nature. Personnel The proposal shall specify the type of personnel and provide a resume of professional persons that will be employed to perform the contract. The proposal shall also specify how the professional personnel under the contract will operate organizationally. At a minimum, the resume shall include: (a) Previous work experience, including duties, dates and employing organizations. Duties must be clearly defined in terms of roles performed; i.e., manager, team leader, consultant, etc. (b) A statement of work completed or under-way which is relevant to the proposed work under this contract. (c) Educational background. (d) Contemplated position. 3. The offeror's technical approach and schedule for accomplishing the objectives, including identification of possible technical problems and solutions. 4. A general work plan organized to show major work tasks and subtasks for conducting the project. 5. A staffing chart listing names, qualifications, and experiences of key personnel. L-9 Back to Table of Content RFP-DCS-01-18 Section L 6. A description of the firm's qualifications in terms of relevant previous experience, facilities and other resources. A description of prior projects that illustrate the offeror's relevant experience and expertise must be provided along with names and telephone numbers of client references. (C) - Offeror Representations, Certifications, and Acknowledgments The offeror shall complete and submit all certifications included in or attached to this Request for Proposals. The Cost Analysis (Exhibit A) and Financial Capability Forms (Exhibit B) support information shall be augmented as follows: Offerors are required to submit cost proposals fully supported by cost and pricing data adequate to establish the reasonableness of the proposed costs. 1. Most current published annual balance sheet and profit or loss statement. 2. The offeror shall furnish a total cost breakdown utilizing the enclosed cost and price analysis form. (a) Include the backup data to support the type of labor and estimated numbers of hours within each category. (b) Include a breakdown of the amount estimated for travel including destination, duration, purpose and cost (per diem and transportation). (c) Include backup data to support the estimated amount of material and subcontracting (if applicable) including description of materials to be procured, basis for proposed subcontract, type of subcontract and amounts proposed. 3. List the names and addresses of any subcontractor* the offeror intends to use in the performance of a resulting contract. Include the following information about the subcontract(s). (a) How subcontractor was selected? (b) Has the subcontractor submitted a cost proposal? (c) Will the subcontractor be able to start performance at the start of the contract period? (d) What is the total cost of (each) subcontract? (e) What services (skills) will the subcontract provide? (f) What experience does the subcontractor have in this technical area? *Also provide the above information for consultants you intend to use in the performance of a resulting contract. L-10 Back to Table of Content RFP-DCS-01-18 Section L Applications should consist of the individual's resume, a brief sample of relevant work and list of references. Prior to the formal review, applications will be screened to insure that all the information requested in this proposal is provided and complete. L.8 LETTERS OF COMMITMENT - KEY PERSONNEL, (OCT 2000) 1. All proposed key personnel listed in Section H.8 require written, signed (by employee/contingency hire), and dated letters of commitment. The Offeror shall provide letters of commitment from current employees that state they: (1) will remain employed by the Offeror; and (2) will work full time, or the percentage of time designated in the RFP, for at least six months on the resultant contract if awarded to the Offeror. The letters of commitment must reflect agreement on salary, benefits and position. 2. Letters of commitment must also be submitted for contingency hires, defined as persons not currently employed but who have executed a binding letter of commitment for employment with the Offeror, if the Offeror receives award under subject solicitation. The letter of commitment must reflect agreement on salary, benefits and position. New hires may not be proposed for key personnel. (A new hire is defined as specified or unspecified persons to fill an empty position who are neither identified as a current employee of the Offeror (or proposed subcontractor) nor as a contingency hire). 3. For those key personnel designated by the Contracting Officer, a binding signed employment contract between the key person(s) and the employer/offeror contingent upon DOL awarding the employer/offeror the resultant contract must be provided with the proposal in order for the proposal to be considered responsive or technically acceptable. The employment contract must: (1) be for at least six months from the date of the award of the contract by DOL to the employer/offeror; (2) state that the employee will work full time, or the percentage of time designated in the RFP, on the resultant contract if awarded to the employer/offeror; and (3) the employment contract must address salary, benefits, and position. L.9 SPECIAL REQUIREMENTS The key personnel positions and their required time commitment are listed as follows: PROJECT DIRECTOR -- Must have a graduate degree in economics, public administration or business administration and 5 years of relevant experience in managing a project of this level of complexity. They must possess knowledge and skills in the area of WIA implementation, One-Stop operations, evaluation study design and the application of the latest statistical methodologies. The Project Director must have the knowledge, skills and abilities to engage in interviewing senior policy makers and developing and carrying out a complicated work plan within a scheduled timetable. Further, they must have demonstrated the ability to manage staff with varied backgrounds and specialty skill-sets. Time commitment - 25%. SENIOR RESEARCHER -- One who has demonstrated both knowledge and experience in the area of WIA implementation, One-Stop operations, evaluation study design and the application of the latest L-11 Back to Table of Content RFP-DCS-01-18 Section L statistical methodologies. Must have a graduate degree in economics, public administration or business administration and three years of relevant experience in related work. Time Commitment - full time. SENIOR RESEARCHER -- One who has demonstrated both knowledge and experience in the area of WIA implementation, One-Stop operations, evaluation study design and the application of the latest statistical methodologies. Must have a bachelor's degree in economics, public administration or business administration and three years of relevant experience in related work. Time Commitment - 50%. L.10 CONFIRMATION OF PROPOSED KEY PERSONNEL (OCT 2000) The following certificate shall be provided upon request by the Contracting Officer should discussions be required and revisions and/or best and final offers be requested. I certify that the proposed key personnel are still available for performance under any contract resulting from this solicitation, and that the letters of commitment are still valid. I base this certification on written and/or oral confirmation which I received, within the past 30 days, from each individual proposed to fill the Key Personnel requirements. I further certify that I possess copies of written confirmations I received from each individual, and/or a memorandum to the file documenting oral confirmation of that individual's availability. I further promise to immediately inform the Government of any changes in the availability of any proposed key personnel. Date of Certification By (Name and Signature of company president) L.11 REQUEST FOR CLARIFICATION (RFC) All requests for RFP clarification are due by 5:00 PM Local Time on March 23, 2001. Only electronic submission of requests will be accepted. They shall be submitted to Mr. Harry B. Ladson at hladson@doleta.gov. Should any RFC be received after the date stated above, the Government reserves the right not to provide an answer. If, however, in the Government's opinion, the RFC cites an issue of significant importance, the government may provide written responses to all offerors. The Government will not provide any information concerning requests for clarifications in response to telephone calls from offerors. All requests will be answered electronically and provided to all offerors at the DOLETA Internet site (https://www.doleta.gov). PLEASE BE ADVISED THAT IT IS THE SOLE RESPONSIBILITY OF THE OFFEROR TO CONTINUALLY VIEW THE WEBSITE FOR ANY AMENDMENTS TO THIS SOLICITATION. L-12 Back to Table of Content RFP-DCS-01-18 Section M SECTION M - EVALUATION FACTORS FOR AWARD 52.217-3 EVALUATION EXCLUSIVE OF OPTIONS APR 1984 M.1 BASIS FOR AWARD (BEST VALUE) The Government intends to evaluate proposals and make awards without discussions with offerors. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. Therefore, each offer should contain the best terms from a cost or price and technical standpoint. A cost realism analysis shall be performed for all technically acceptable offerors. Contract award will be based on the combined evaluations of Technical Approach, Individual Staff Experience and Qualification, Past Performance, Work Plan, and Cost. The contract resulting from this solicitation will be awarded to the responsible offeror whose offer, conforming to the solicitation, is determined to provide the "best value" to the Government, which may not necessarily be the proposals offering the lowest cost nor receiving the highest technical score. It should be noted that cost is not a numerically weighted factor. Although non-cost factors are significantly more important than cost, cost is an important factor and should be considered when preparing responsive offers (proposals). The importance of cost as an evaluation factor will increase with the degree of equality of the proposals in relation to the remaining evaluation factors. When the offerors within the competitive range are considered essentially equal in terms of technical, past performance and other non-cost factors (if any), or when cost is so significantly high as to diminish the value of the technical superiority to the Government, cost may become the determining factor for award. In summary, cost/non-cost trade offs will be made, and the extent to which one may be sacrificed for the other if governed only by the tests of rationality and consistency with the established factors. Prospective contractors are advised that the selection of a contractor for contract award is to be made, after a careful evaluation of the offers (proposals) received, by a panel of specialists chosen by DOL/ETA. Each panelist will evaluate the proposals for technical acceptability using a range of scores assigned to each factor. The factors are presented in the order of emphasis that they will receive (i.e., Factor A has the greatest weight, Factor B the second greatest weight, etc.). The scores will then be averaged to select a contractor for award on the basis of their proposal being the most advantageous to the Government, price and other factors considered. M-1 Back to Table of Content RFP-DCS-01-18 Section M M.2 CRITERIA FOR AWARD Prospective offerors are advised that the selection of an offeror for contract award is to be made after a careful evaluation of the proposals received, by a panel selected by DOL/ETA. Each panelist will evaluate the proposals for acceptability using a range of scores assigned to each factor. The scores will then be averaged to select an offeror or develop a list of offerors with whom negotiations may be conducted. A. TECHNICAL APPROACH (30 points) The contractor team's technical approach in undertaking the tasks identified in Section C with respect to: (1) the rationale for the proposed approach, (2) the data/information to be collected, (3) the methods of data collection, and (4) analytical procedures to be employed including underlying assumptions on which the analysis will be based. The proposal should identify possible technical problems and how the contractor intends to handle them. Particular attention should be paid to addressing unique issues and evaluation factors envisioned for the demonstrations being assessed. PLEASE BE ADVISED THAT OFFERORS WILL BE EVALUATED UNDER THIS FACTOR BASED ON THE FOLLOWING: (1) the rationale for the proposed approach, (2) the data/information to be collected, (3) the methods of data collection, (4) analytical procedures to be employed including underlying assumptions on which the analysis will be based, and (5) identification of possible technical problems and how the contractor intends to handle them. C. INDIVIDUAL STAFF EXPERIENCE AND QUALIFICATIONS (25 points) This section of the proposal shall include sufficient information for judging the quality and competence of staff proposed to be assigned to the project to assure that they meet the required qualifications. Successful performance of the proposed work depends heavily on the qualifications of the individuals committed to this project, and the adequacy of the time commitment for each individual in relation to the specific tasks that they will perform. Accordingly, the Government, in its evaluation of the contractor's proposal, will place considerable emphasis on the contractor's commitment of personnel qualified for the work involved in accomplishing the assigned tasks. This section of the proposal shall provide the current employment status of personnel proposed for work under this RFP--i.e., whether these personnel are currently employed by the contractor or are dependent upon planned recruitment or subcontracting. Where subcontractors or outside assistance are proposed, organizational control shall be clearly delineated so as to demonstrate and ensure responsiveness to the needs of the Government. M-2 Back to Table of Content RFP-DCS-01-18 Section M The following information shall also be furnished: (1) The proposed Project Director (2) The proposed project organization, including key personnel (3) Staffing charts listing names, project roles, qualifications, and experience of all professional personnel (including outside consultants), staff time/time loading charts showing the amount of time each staff person will devote to each task and sub-task, and an indication of how staff will be allocated to perform all necessary field work during the project. (4) A resume for each professional personnel to be assigned to the project. At a minimum, the resume shall include: (a) The individual's current employment status and previous work experience, including position title, dates in position, duties performed, and employing organization. Duties shall be clearly defined in terms of the role performed, e.g., management, team leader, consultant for technical assistance, lead investigator, chief analyst. (b) A statement of the work that the individual has completed or which is currently underway for work that is relevant to the proposed work. (c) The individual's educational background. PLEASE BE ADVISED THAT OFFERORS WILL BE EVALUATED UNDER THIS FACTOR BASED ON THE FOLLOWING: (1) The experience and qualifications of the proposed Project Director and the amount of time committed to the project. It is our expectation that this position will require 25% of the proposed individual's time. The Project Director must have a graduate degree in economics, public administration or business administration and a minimum of five years relevant experience in managing related work. They must possess knowledge and skills in the area of WIA implementation, One-Stop operations, evaluation study design and the application of the latest statistical methodologies. The Project Director must have the knowledge, skills and abilities to engage in interviewing senior policy makers and developing and carrying out a complicated work plan within a scheduled timetable. Further, they must have demonstrated the ability to manage staff with varied backgrounds and specialty skill-sets. (2) The experience and qualifications of the two senior researchers and the amount ot time committed to the project. It is our expectation that these positions will require one senior researcher at full time and one at 50% time commitment. They must possess knowledge and skills in the area of WIA implementation, One-Stop operations, evaluation study design and the application of the latest statistical methodologies. The senior researcher designated full time must have a graduate degree in economics, public administration or business administration. The senior researcher designated at 50% time commitment have a bachelor's degree in M-3 Back to Table of Content RFP-DCS-01-18 Section M economics, public administration or business administration. Both senior researchers must have three years relevant experience in related work. (3) The time commitment of all personnel assigned by name to the project, according to task and subtask, (the number of hours per month that each individual will devote to each aspect of the project over its life). (4) An explanation of how the proposed staff deployments are in line with the contractor's design and approach for undertaking the tasks outlined in ETA's proposed statement of work. (5) The qualifications and experience of staff (including outside consultants) along with brief resumes for each professional person assigned to the project. C. CONTRACTOR'S PAST PERFORMANCE (25 points) This criterion shall represent 25% of the total score of the proposal. Award may be made from the initial offers without discussions. However, offerors will be provided the opportunity to address unfavorable reports of past performance, if the offeror has not had a previous opportunity to review the rating. Past performance shall include evaluating offerors with no relevant performance history, and shall provide offerors an opportunity to identify past or current contracts (Federal, State and local government and private) for efforts similar to the Government requirement. Offerors shall provide information on problems encountered on the identified contracts and the offerors' corrective actions. The Government shall consider this information, as well as information obtained from any other sources, when evaluating the offeror's past performance. The contracting officer shall determine the relevance of similar past performance information. Offerors shall submit past performance information regarding predecessor companies, key personnel who have relevant experience, or subcontractors that will perform major or critical aspects of the requirement when such information is relevant to the instant acquisition. Offerors without relevant past performance history or for whom information on past performance is not available, may not be evaluated favorably or unfavorably on past performance. In this instance the offeror would receive a neutral score. D. WORK PLAN (20 points) A general design and work plan organized to show major work tasks and sub-tasks for conducting the study. A description of the offeror's plan for effective internal and external management of the study including teaming with sub-contractors if necessary for specific expertise, maintaining communication with ETA and other study partners. PLEASE BE ADVISED THAT OFFERORS WILL BE EVALUATED UNDER THIS FACTOR BASED ON THE FOLLOWING: (1) General design of work plan. M-4 Back to Table of Content RFP-DCS-01-18 Section M (2) Description of the offeror's internal and external management of the study. E. PRICE Cost Realism will be performed as part of the proposal evaluation process. The purpose of this evaluation shall be to (a) to verify the offeror's understanding of the requirement; (b) to assess the degree to which the cost/price proposal reflects the approaches and/or risk assessments made in the technical proposal as well as the risk that the offeror will provide the services for the offered price/costs; and (c) assess the degree to which the cost reflected in the cost/price proposal accurately represents the work effort included in the technical offer (proposal). M.3 DETERMINING OVERALL BEST VALUE In order to determine which offeror represents the best overall value, the Contracting Officer will make a series of paired comparisons among only those offerors that submitted acceptable offers (proposals). If, in any paired comparison, the offeror with the higher expected value also has the lower price, then the Contracting Officer will consider that offeror to represent the better overall value. If the offeror with the higher expected value has the higher price, then the Contracting Officer will decide whether the difference in expected value is worth the difference in price. If the Contracting Officer decides that it is, then they will consider the offeror with the higher expected value and the higher price to represent the better overall value. If not, then the Contracting Officer will consider the offeror(s) with the lower expected value and the lower price to represent the better value. The Contracting Officer will continue to make paired comparisons in this way until they have identified the best overall value. Pursuant to FAR Subpart 52.215-1 Instructions to Offerors - Competitive Acquisition, the Contracting Officer reserves the right to award without discussion to the source(s) whose offer is the most advantageous to the Government, price and other factors considered. M-5