EVALUATION OF THE H-1B DEMONSTRATION GRANT





[ 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 https://www.doleta.gov/sga/rfp.cfm. IT IS THE OFFEROR'S RESPONSIBILITY TO CHECK THIS SITE PERIODICALLY FOR OFFICIAL UPDATES/AMENDMENTS TO THE SOLICITATION.





Solicitation Number  RFP-DCS-01-10
Issue Date:  January 31, 2001
Due Date:  03/02/2001
Time:  2:00 p.m.
Program Office:  OPR
Contracting Officer:  Keith A. Bond
Contract Point:
Phone:
Fax:
E-Mail:
 Chari A. Magruder
 202-693-3313
 202-693-3846
  cmagruder@doleta.gov
Set Aside:  






PERTINENT TECHNICAL SECTIONS OF SOLICITATION





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





  Sections B, C, L, and M
 
 
 
 













Back to Table of Contents

SOLICITATION, OFFER AND AWARD

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

PAGE OF PAGES

 1|  92
2. CONTRACT NUMBER
 
 
 
3. SOLICITATION NUMBER
 
 
 RFP-DCS-01-10
4. TYPE OF SOLICITATION
 
SEALED BID (IFB)
 X
NEGOTIATED (RFP)
5. DATE ISSUED
 
 
 January 31, 2001
6. REQUISITION/PURCHASE NUMBER
 
 01-393
 cam
7. ISSUED BY    CODE
 
 U.S. Department of Labor, ETA/OGCM
 Division of Contract Services
 200 Constitution Avenue, NW
 Room C-4310
 Washington  DC  20210
8. ADDRESS OFFER TO (If other than Item 7)
 
 
 
 
     
NOTE:  In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".
SOLICITATION
9.  Sealed offers in original and   See L.6 copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 6, or if hand carried, in the depository located in   Item 7 until   2:00 p.m. (Hour) local time   03/02/2001 (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
 
 Chari A. Magruder

B. TELEPHONE (NO COLLECT CALLS)

C. E-MAIL ADDRESS
 
  cmagruder@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
 
 200 Constitution Avenue, NW
 Room
 Washington  DC  20210
25. PAYMENT WILL BE MADE BYCODE
 
 U.S. Department of Labor, ETA/OC
 Division of Accounting
 200 Constitution Avenue, NW
 Room N-4702
 Washington  DC  20210
26. NAME OF CONTRACTING OFFICER (Type or print)
 
 
27. UNITED STATES OF AMERICA

 

(Signature of Contracting Officer)

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

STANDARD FORM 33   (REV. 9-97)  

Back to Table of Contents TABLE OF CONTENTS PAGE SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS . . . . . . . . . . . . B-1 SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK . . . . . . . . C-1 C.1 PURPOSE . . . . . . . . . . . . . . . . . . . . . . . . . . . . C-1 C.2 BACKGROUND . . . . . . . . . . . . . . . . . . . . . . . . . . . C-1 C.3 STUDY OBJECTIVES . . . . . . . . . . . . . . . . . . . . . . . . C-3 C.4 TASKS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . C-4 C.5 SPECIAL REQUIREMENTS . . . . . . . . . . . . . . . . . . . . . . C-5 SECTION D - PACKAGING AND MARKING. . . . . . . . . . . . . . . . . . . . D-1 [For this Solicitation, there are NO clauses in this Section] . . . . D-1 SECTION E - INSPECTION AND ACCEPTANCE. . . . . . . . . . . . . . . . . . E-1 E.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE . . . E-1 52.246-9 INSPECTION OF RESEARCH AND DEVELOPMENT APR 1984. . E-1 (SHORT FORM) SECTION F - DELIVERIES OR PERFORMANCE. . . . . . . . . . . . . . . . . . F-1 F.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE . . . F-1 52.242-15 STOP-WORK ORDER AUG 1989. . F-1 ALTERNATE I (APR 1984) F.2 PERIOD OF PERFORMANCE . . . . . . . . . . . . . . . . . . . . . F-1 F.3 LEVEL OF EFFORT . . . . . . . . . . . . . . . . . . . . . . . . F-1 F.4 REPORTS/DELIVERABLES. . . . . . . . . . . . . . . . . . . . . F-1 SECTION G - CONTRACT ADMINISTRATION DATA . . . . . . . . . . . . . . . . G-1 G.1 IDENTITY AND AUTHORITY OF THE CONTRACTING OFFICER'S . . . . . . G-1 REPRESENTATIVE (GOVERNMENT AUTHORIZED REPRESENTATIVE) G.2 INVOICE REQUIREMENTS. . . . . . . . . . . . . . . . . . . . . . G-1 G.3 METHOD OF PAYMENT . . . . . . . . . . . . . . . . . . . . . . . G-3 SECTION H - SPECIAL CONTRACT REQUIREMENTS. . . . . . . . . . . . . . . . H-1 H.1 BUDGET LINE ITEM FLEXIBILITY. . . . . . . . . . . . . . . . . . H-1 H.2 FRINGE BENEFITS . . . . . . . . . . . . . . . . . . . . . . . . H-1 H.3 VACATIONS, SICK-LEAVE HOLIDAYS. . . . . . . . . . . . . . . . . H-1 H.4 TRAVEL AND PER DIEM . . . . . . . . . . . . . . . . . . . . . . H-2 H.5 USE OF AND PAYMENT TO CONSULTANTS . . . . . . . . . . . . . . . H-3 H.6 UNEMPLOYMENT INSURANCE COST . . . . . . . . . . . . . . . . . . H-3 H.7 ACCOUNTING AND AUDITING SERVICES. . . . . . . . . . . . . . . . H-3 H.8 PRINTING. . . . . . . . . . . . . . . . . . . . . . . . . . . . H-4 H.9 KEY PERSONNEL . . . . . . . . . . . . . . . . . . . . . . . . . H-4 H.10 CONTRACT NUMBER IDENTIFICATION. . . . . . . . . . . . . . . . . H-5 H.11 SUBMISSION OF CORRESPONDENCE. . . . . . . . . . . . . . . . . . H-5 H.12 OTHER CONTRACTORS . . . . . . . . . . . . . . . . . . . . . . . H-5 H.13 LAWS APPLICABLE . . . . . . . . . . . . . . . . . . . . . . . . H-5 H.14 DISPOSITION OF MATERIAL . . . . . . . . . . . . . . . . . . . . H-5 H.15 NONDISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITIES. . . . . . H-6 H.16 FEDERAL REPORTS . . . . . . . . . . . . . . . . . . . . . . . . H-6 H.17 DISCLOSURE OF CONFIDENTIAL INFORMATION. . . . . . . . . . . . . H-6 H.18 ELIMINATION OF SEXIST LANGUAGE AND ART WORK . . . . . . . . . . H-7 H.19 HAZARDOUS OCCUPATION ORDERS . . . . . . . . . . . . . . . . . . H-8 H.20 INSURANCE REQUIREMENTS (FAR-Subpart 28.3) . . . . . . . . . . . H-8 H.21 DATA COLLECTION FOR THE DEPARTMENT OF LABOR . . . . . . . . . . H-9 H.22 PERFORMANCE STANDARDS . . . . . . . . . . . . . . . . . . . . . H-9

Back to Table of Contents TABLE OF CONTENTS PAGE H.23 RESTRICTION ON USE OF DOL FUNDS FOR LOBBYING. . . . . . . . . . H-10 H.24 PUBLICATION OF MATERIALS. . . . . . . . . . . . . . . . . . . . H-10 H.25 INDIRECT COSTS . . . . . . . . . . . . . . . . . . . . . . . . . H-10 PART II - CONTRACT CLAUSES. . . . . . . . . . . . . . . . . . . . . . . I-1 SECTION I - CONTRACT CLAUSES . . . . . . . . . . . . . . . . . . . . . I-1 I.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE . . . I-1 52.202-1 DEFINITIONS OCT 1995. . I-1 52.203-3 GRATUITIES APR 1984. . I-1 52.203-5 COVENANT AGAINST CONTINGENT FEES APR 1984. . I-1 52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO JUL 1995. . I-1 THE GOVERNMENT 52.203-7 ANTI-KICKBACK PROCEDURES JUL 1995. . I-1 52.203-8 CANCELLATION, RESCISSION, AND RECOVERY JAN 1997. . I-1 OF FUNDS FOR ILLEGAL OR IMPROPER ACTIVITY 52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR JAN 1997. . I-1 IMPROPER ACTIVITY 52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE JUN 1997. . I-1 CERTAIN FEDERAL TRANSACTIONS 52.204-4 PRINTED OR COPIED DOUBLE-SIDED AUG 2000. . I-1 ON RECYCLED PAPER 52.209-6 PROTECTING THE GOVERNMENT'S INTEREST JUL 1995. . I-1 WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT 52.215-2 AUDIT AND RECORDS--NEGOTIATION JUN 1999. . I-1 52.215-8 ORDER OF PRECEDENCE--UNIFORM CONTRACT OCT 1997. . I-1 FORMAT 52.216-7 ALLOWABLE COST AND PAYMENT MAR 2000. . I-1 52.216-8 FIXED-FEE MAR 1997. . I-1 52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE JUL 1996. . I-1 52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS OCT 2000. . I-1 52.222-1 NOTICE TO THE GOVERNMENT OF LABOR FEB 1997. . I-1 DISPUTES 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 APR 1998. . I-2 AND VETERANS OF THE VIETNAM ERA 52.222-36 AFFIRMATIVE ACTION FOR WORKERS WITH JUN 1998. . I-2 DISABILITIES 52.222-37 EMPLOYMENT REPORTS ON DISABLED VETERANS JAN 1999. . I-2 AND VETERANS OF THE VIETNAM ERA 52.223-6 DRUG-FREE WORKPLACE JAN 1997. . I-2 52.225-13 RESTRICTIONS ON CERTAIN FOREIGN JUL 2000. . I-2 PURCHASES 52.227-1 AUTHORIZATION AND CONSENT JUL 1995. . I-2 ALTERNATE I (APR 1984) 52.227-2 NOTICE AND ASSISTANCE REGARDING PATENT AUG 1996. . I-2 AND COPYRIGHT INFRINGEMENT 52.227-11 PATENT RIGHTS -- RETENTION BY THE JUN 1997. . I-2 CONTRACTOR (SHORT FORM)

Back to Table of Contents 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 52.232-22 LIMITATION OF FUNDS APR 1984. . I-2 52.232-23 ASSIGNMENT OF CLAIMS JAN 1986. . I-2 52.232-33 PAYMENT BY ELECTRONIC FUNDS--CENTRAL MAY 1999. . I-2 CONTRACTOR REGISTRATION 52.233-1 DISPUTES DEC 1998. . I-2 ALTERNATE I (DEC 1991) 52.233-3 PROTEST AFTER AWARD AUG 1996. . I-2 ALTERNATE I (JUN 1985) 52.242-1 NOTICE OF INTENT TO DISALLOW COSTS APR 1984. . I-2 52.242-3 PENALTIES FOR UNALLOWABLE COSTS OCT 1995. . I-2 52.242-4 CERTIFICATION OF FINAL INDIRECT COSTS JAN 1997. . I-2 52.242-13 BANKRUPTCY JUL 1995. . I-2 52.243-2 CHANGES--COST REIMBURSEMENT AUG 1987. . I-2 ALTERNATE V (APR 1984) 52.244-2 SUBCONTRACTS AUG 1998. . I-2 ALTERNATE II (AUG 1998) 52.244-5 COMPETITION IN SUBCONTRACTING DEC 1996. . I-2 52.246-23 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 52.243-7 NOTIFICATION OF CHANGES (APR 1984) . . . . . . . . . I-2 I.3 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) . . . . I-5 I.4 52.232-25 PROMPT PAYMENT (JUN 1997) . . . . . . . . . . . . . I-5 I.5 52.219-14 LIMITATIONS ON SUBCONTRACTING (DEC 1996). . . . . . I-10 PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS . . . . . . J-1 SECTION J - LIST OF ATTACHMENTS. . . . . . . . . . . . . . . . . . . . . J-1 J.1 CONTRACT PRICING PROPOSAL COVER SHEET, SF 1411, (1 PAGE) . . . J-1 J.2 COST AND PRICE ANALYSIS, ETA 8555, (8 PAGES) . . . . . . . J-1 J.3 STATEMENT OF FINANCIAL CAPABILITY, ETA 8554, (2 PAGES). . . . J-1 J.4 COST CONTRACTOR'S INVOICE, ETA 3100-1 (1 PAGE). . . . . . . . J-1 J.5 COST CONTRACTOR'S DETAILED STATEMENT OF COST, ETA 3-2 . . . . J-1 J.6 VETS-100 - FEDERAL CONTRACTOR VETERANS EMPLOYMENT REPORT,. . . J-1 J.7 PAST PERFORMANCE REFERENCE INFORMATION (2 PAGES) . . . . . . . J-1 J.8 PAST PERFORMANCE EVALUATION QUESTIONNAIRE (2 PAGES) . . . . . J-1 J.9 ORAL PRESENTATION EVALUATION QUESTIONNAIRE (2 PAGES) . . . . . J-1 PART IV - REPRESENTATIONS AND INSTRUCTIONS . . . . . . . . . . . . . . K-1 SECTION K - REPRESENTATIONS, CERTIFICATIONS AND . . . . . . . . . . . . K-1 OTHER STATEMENTS OF OFFERORS K.1 NOTICE LISTING SOLICITATION PROVISIONS INCORPORATED . . . . . . K-1 BY REFERENCE 52.203-11 CERTIFICATION AND DISCLOSURE REGARDING APR 1991. . K-1 PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS K.2 52.209-5 CERTIFICATION REGARDING DEBARMENT, SUSPENSION,. . . . K-1 PROPOSED DEBARMENT, AND OTHER RESPONSIBILITY MATTERS (MAR 1996)

Back to Table of Contents TABLE OF CONTENTS PAGE K.3 52.215-6 PLACE OF PERFORMANCE (OCT 1997) . . . . . . . . . . . K-2 K.4 52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS. . . . . . . . K-3 (OCT 2000) K.5 52.222-22 PREVIOUS CONTRACTS AND COMPLIANCE REPORTS. . . . . . K-5 (FEB 1999) K.6 52.222-25 AFFIRMATIVE ACTION COMPLIANCE (APR 1984). . . . . . K-5 K.7 52.227-15 STATEMENT OF LIMITED RIGHTS DATA AND . . . . . . . . K-6 RESTRICTED COMPUTER SOFTWARE (MAY 1999) K.8 SIGNATURE BLOCK . . . . . . . . . . . . . . . . . . . . . . . . K-8 SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS. . . . . . L-1 L.1 NOTICE LISTING SOLICITATION PROVISIONS INCORPORATED . . . . . . L-1 BY REFERENCE 52.214-34 SUBMISSION OF OFFERS IN THE ENGLISH APR 1991. . L-1 LANGUAGE 52.214-35 SUBMISSION OF OFFERS IN U.S. CURRENCY APR 1991. . L-1 52.215-1 INSTRUCTIONS TO OFFERORS--COMPETITIVE NOV 1999. . L-1 ACQUISITION ALTERNATE I (OCT 1997) 52.222-24 PREAWARD ON-SITE EQUAL OPPORTUNITY FEB 1999. . L-1 COMPLIANCE EVALUATION 52.225-10 NOTICE OF BUY AMERICAN ACT--BALANCE OF FEB 2000. . L-1 PAYMENTS PROGRAM REQUIREMENT-- CONSTRUCTION MATERIALS 52.232-28 INVITATION TO PROPOSE PERFORMANCE-BASED MAR 2000. . L-1 PAYMENTS L.2 52.215-1 INSTRUCTIONS TO OFFERORS--COMPETITIVE . . . . . . . . L-1 ACQUISITION (NOV 1999) ALTERNATE I (OCT 1997) L.3 52.216-1 TYPE OF CONTRACT (APR 1984). . . . . . . . . . . . . L-6 L.4 52.233-2 SERVICE OF PROTEST (AUG 1996). . . . . . . . . . . . L-6 L.5 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY . . . . . . . L-6 REFERENCE (FEB 1998) L.6 PAST PERFORMANCE. . . . . . . . . . . . . . . . . . . . . . . . L-7 L.7 ORAL PRESENTATION SECTION . . . . . . . . . . . . . . . . . . . L-8 L.8 SUBMISSION OF PROPOSAL. . . . . . . . . . . . . . . . . . . . . L-11 L.9 LETTERS OF COMMITMENT - KEY PERSONNEL, (OCT 2000) . . . . . . . L-14 L.10 CONFIRMATION OF PROPOSED KEY PERSONNEL (OCT 2000) . . . . . . . L-15 L.11 REQUEST FOR CLARIFICATION (RFC) . . . . . . . . . . . . . . . . L-15 SECTION M - EVALUATION FACTORS FOR AWARD . . . . . . . . . . . . . . . . M-1 M.1 BASIS FOR AWARD (BEST VALUE) . . . . . . . . . . . . . . . . . M-1 M.2 EVALUATION CRITERIA AND BASIS FOR AWARD (BEST VALUE). . . . . . M-2 M.3 DETERMINING BEST OVERALL VALUE. . . . . . . . . . . . . . . . . M-5

Back to Table of Contents A-7 RFP-DCS-01-10 Section B PART I - THE SCHEDULE SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS SERVICES ORDERED Title: "Evaluation of the H-1B Demonstration Grant" The U.S. Department of Labor's Employment and Training Administration (ETA) is soliciting proposals for the conduct of a process evaluation of the H-1B Technical Skill Training Grants. The study will assess the experiences of grantees in training both unemployed and employed workers in acquiring the requisite skills in occupations that are in high demand, particularly in industries such as information technology and health. The contractor will investigate and report to a wide audience the progress that the H-1B grantees are making in successfully training and placing into employment participants in occupational areas which qualify under H-1B provisions. The study's findings will be used by ETA, agency overseers and the wider workforce development system to enhance training and employment efforts in skill shortage areas. Solicitation No. is RFP-DCS-01-10. Period of Performance is thirty-six (36) months from the date of contract execution by the government. This solicitation is a 100% Small Business Set-Aside. The North American Industry Classification System Code is 541990, with a $5 million size standard. A cost reimbursement type contract is contemplated for this requirement. Closing time and date are March 2, 2001, at 2:00 p.m. local time. REQUESTS FOR CLARIFICATION (RFC) MUST BE RECEIVED NO LATER THAN 5:00 PM LOCAL TIME FEBRUARY 12, 2001. Only electronic submission of requests will be accepted. They shall be submitted to Ms. Chari A. Magruder at http://www.cmagruder@doleta.gov. Should any RFC be received after the date stated above, the Government reserves the right not to provide an answer. If, however, the Government determines that the RFC raises an issue of significant B-1

Back to Table of Contents RFP-DCS-01-10 Section B importance, the government will respond electronically. The Government will not provide any information concerning requests for clarifications in response to telephone calls from offerors. All requests will be answered electronically and will be available to all offerors at the DOLETA Internet site (https://www.doleta.gov/sga/rfp.cfm). B-2 RFP-DCS-01-10 Section C SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK C.1 PURPOSE The U.S. Department of Labor's Employment and Training Administration (ETA) is soliciting proposals for the conduct of a process evaluation of the H-1B Technical Skill Training Grants. The study will assess the experiences of grantees in training both unemployed and employed workers in acquiring the requisite skills in occupations that are in high demand, particularly in industries such as information technology and health. The contractor will investigate and report to a wide audience the progress that the H-1B grantees are making in successfully training and placing into employment participants in occupational areas which qualify under H-1B provisions. The study's findings will be used by ETA, agency overseers and the wider workforce development system to enhance training and employment efforts in skill shortage areas. C.2 BACKGROUND During the 1980s, there were extensive Congressional hearings featuring testimony from industry representatives that were experiencing skill shortages most notably in information technology occupations. In response to these demands, the Immigration Act of 1990 included a section establishing an H-1B visa category and permitting up to 65,000 of these visas to be issued each year; this H-1B visa was established for foreign non immigrants who sought to work in high skill or specialty occupations. These occupations require theoretical and practical application of a body of highly specialized knowledge and sometimes may even require full state licensure to practice in the occupation. These occupations require at least a bachelor's degree or higher, and/or experience in the specific specialty. They may also require recognition of expertise in the specialty through progressively responsible positions relative to the specialty. In the 1990s, it was demonstrated that demand for workers in the specialty occupations was much higher than the 65,000 cap that the 1990 Immigration Act imposed. Therefore, in an effort to help employers access skilled foreign workers and compete internationally, Congress enacted the American Competitiveness and Workforce Investment Act of 1998 (ACWIA 1998)in October 1998. ACWIA 1998 increased the limit temporarily (to 115,000 for each of the C-1

Back to Table of Contents RFP-DCS-01-10 Section C first two years and to 107,500 for the third year). In addition, as part of this law, a $500 user fee was imposed on H-1B applications. The Act authorized the use of 56.3% of the user fees to finance the H-1B Technical Skill Training Grant Program. Grants funded under the Act have the longer term goal of raising the skill levels of domestic workers in order to fill specialty occupations presently being filled by temporary workers admitted to the United States under the provisions of the H-1B visa. ACWIA 1998 describes eligible grant applicants as local workforce investment boards (LWIBs) or a consortia of local boards. Current grantees are LWIBs, as established under section 117 of the Workforce Investment Act (WIA), that have proposed to carry out specifically designed skill training programs or projects for employed and unemployed workers through one-stop delivery systems or a regional consortia of local boards as established under section 121 of WIA. Regional consortia may be interstate. On October 17, 2000, the American Competitiveness in the Twenty-first Century Act of 2000 (ACWIA 2000) was enacted, increasing the number of specialty occupation visas to 195,000 in each of the three subsequent years (2001, 2002, and 2003). Separate legislation raised the employer H-1B application fee from $500 to $1,000. ACWIA 2000 authorizes the use of 55% of the funds generated by fees to continue to finance critical training under the Department of Labor's (DOL) H-1B Technical Skill Training Grant Program. Like ACWIA 1998, it is designed to assist American workers in acquiring the requisite skills in occupations that are in demand, such as information technology and healthcare. Under ACWIA 2000, LWIBs are eligible to receive 75% of these funds. These grants provide funds to a consortia of business, labor, community-based organizations, and LWIBs. Each partnership must consist of one business or business related non-profit, such as a trade association. The remaining 25% will be awarded to eligible partnerships that consist of at least two businesses or a business-related nonprofit organization that represents more than one business. This may include any educational, labor, community organization, or LWIB, but funds may be used only to perform a strategy otherwise not eligible for funds in the 75% clause due to partnership eligibility criteria barriers. The Act also mandates an equitable rural and urban mix in making awards. ACWIA 2000 clarifies that technical skills training is not limited to skill levels commensurate with 4-year undergraduate degrees. Training can include the preparation of workers for a broad range of positions along a career ladder. The H-1B grant initiatives build on similar ETA initiatives that address the issue of skill shortages including: the June 1998 dislocated worker technology demonstration; the new dislocated worker technology demonstration; the regional skills consortium building awards announced in March 2000; the individual training account demonstration grant awards announced in February 2000; and, the skills strategies partnership training/system building demonstration awards C-2

Back to Table of Contents RFP-DCS-01-10 Section C which were announced in June 2000. These efforts were intended to strengthen linkages between employers experiencing skill shortages in specific occupations and the publicly funded workforce development system. This solicitation is to evaluate the experience gained from the DOL H-1B demonstration grant awards. In the first round, a total of 9 H-1B grant awards totaling $12.4 million were announced on February 10, 2000. A second round of 12 H-1B grants totaling $29.2 million were announced on July 19, 2000. On October 20, 2000, a third round of H-1B demonstration grants was awarded to 22 grantees totaling $54 million. More information about the H-1B grant rounds is available on the ETA website at www.doleta.gov. Subsequent grant awards will be made in the future, based on continuing and increasing employer user fees. C.3 STUDY OBJECTIVES The primary objectives of the evaluation will be to: 1. Describe grantees' implementation activities including service strategies and delivery systems, accountability, fiscal and grant administration and interagency and employer cooperation and coordination, including the role of LWIBs or consortia in H-1B grantee planning and policy activities. 2. Highlight how grantees have innovated to develop effective tools and approaches for serving both H-1B participants and employers and how such innovative practices have been implemented. 3. Examine the extent to which projects have established linkages with other WIA programs, the One-Stop system, other service providers, the local business, academic, and labor communities, and targeted employers to better serve the local economy in addressing occupational shortage needs. Also determine whether grantees have developed partnership sustainability after grant termination, and how this is intended to occur. This should include examination of the role(s) matching funds play in such linkages. 4. Describe whether grantees have emphasized technical skills training targeted on employed and unemployed workers who can be trained and placed directly into high skilled H-1B occupations. As part of identifying people with the appropriate backgrounds that would benefit from such training, examine grantees' special outreach efforts to target women, minorities, persons with disabilities, and other underrepresented groups. 5. Describe to what extent participants achieved increased skill levels resulting in degrees, licensures, certifications, or occupational/wage upgrades above the bachelor's degree or equivalent experience as part of grant activities. And whether other entry level positions filled within these occupational areas lead to higher skilled C-3

Back to Table of Contents RFP-DCS-01-10 Section C positions. 6. Describe measures of overall outcomes and cost effectiveness which are demonstrated by using objective criteria for both quantitative and qualitative outcomes. Criteria should demonstrate whether skill gap shortages in the grantee's area have been impacted. Also to be measured is the relative cost effectiveness of grantees as to outcomes achieved. The contractor should make use of uniform grantee outcome data collected by DOL. 7. Examine the feasibility of conducting a study of H-1B's net impact on the employment-related outcomes of trainees. Such a study, if undertaken by ETA would be based on random assignment. Feasibility of a net impact study would be examined in terms of the sample size necessary to measure impacts relative to the size of typical H-1B projects, the number of persons eligible for training relative to the number of available slots, whether there are one or more distinct approaches to training being used by H-1B projects and other factors. 8. Contrast the grantees by relevant characteristics including those funded under ACWIA 1998 compared to ACWIA 2000, whether funded under the 75% provided to consortia of business, labor, CBOs and LWIBs or the 25% of funds available for partnerships of two businesses or business-related nonprofit organizations, and other characteristics suggested by the contractor or ETA. 9. Document significant problems and issues concerning implementation and sustainability of H-1B grants, including gauging the degree to which applicable regulations or common practice contribute to or restrict effective implementation. C.4 TASKS The Contractor will perform the following tasks: 1. Study Design. The contractor will formulate an appropriate study design which includes: (a) An overall plan for documenting grantee progress and a list of study questions and hypotheses that the evaluation will examine. (b) Descriptions of procedures for site visits and the mail survey. (c) A plan for sampling grantees for site visits. (d) Draft data collection instruments including protocols for site visits and a mail survey questionnaire. (e) A proposed schedule of study tasks with time lines. [The design work will be completed during the initial phase of the contract. However, DOL may require minor adjustments to the study design as the study progresses.] C-4

Back to Table of Contents RFP-DCS-01-10 Section C 2. Site Visits - The contractor will conduct site visits to a sample of grantees to gain in-depth information through unstructured interviews with program staff and partners. The sample will include a cross section of grantees geographically, by occupation and whether funded under ACWIA 1998 or ACWIA 2000. The contractor will have responsibility for working with DOL National Office and DOL Regions regarding site visits. 3. Mail Survey. The contractor will conduct a mail survey of all grantees to determine program progress and areas of difficulty. The contractor will design the questionnaire, prepare the necessary request for approval by the Office of Management and Budget (OMB), assist ETA in obtaining such clearance, and administer the survey. 4. Administrative Data Collection. The data collection strategy must avoid imposing a substantial burden on local planners and operators. Therefore, maximum use should be made of administrative and other already available grantee data. The contractor will be responsible for determining the availability of such data and collecting the data from the grantees. 5. Analysis and Reporting. The contractor will need to perform various types of quantitative and qualitative analyses of information/data gathered from the mail survey, field work and other sources. (See section F.3 for descriptions of the reports to be produced under the contract.) C.5 SPECIAL REQUIREMENTS The key personnel positions are the Project Director and Co-Principal Investigator. Both are required to commit at least a 20% time commitment. C-5 RFP-DCS-01-10 Section D SECTION D - PACKAGING AND MARKING [For this Solicitation, there are NO clauses in this Section] D-1 RFP-DCS-01-10 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 RFP-DCS-01-10 Section F SECTION F - DELIVERIES OR PERFORMANCE F.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE The following contract clauses pertinent to this section are hereby incorporated by reference (by Citation Number, Title, and Date) in accordance with the clause at FAR "52.252-2 CLAUSES INCORPORATED BY REFERENCE" in Section I of this contract. See FAR 52.252-2 for an internet address (if specified) for electronic access to the full text of a clause. NUMBER TITLE DATE 52.242-15 STOP-WORK ORDER AUG 1989 ALTERNATE I (APR 1984) F.2 PERIOD OF PERFORMANCE The period of performance shall be thirty-six (36) months from the date of contract execution. F.3 LEVEL OF EFFORT The level of effort for this project is estimated at between 9 and 10 professional person years. F.4 REPORTS/DELIVERABLES The contractor will submit the following reports, at the time and in the number of copies specified, to the Project Officer designated for the contract. If requested by the Project Officer, oral briefings will be held on the task and/or final reports on each study: 1. Monthly Progress Reports in two (2) copies. The first such report will be due 30 calender days after the contract beginning date and subsequent reports will be due monthly thereafter. Reports should accompany any monthly invoice requests for payment. Reports should briefly address monthly progress in terms of completion of tasks specified in the statement of work. Also, identification of problems and plans for their resolution when problems arise and, if necessary, provide an updated work plan of the remainder of the contract period. 2. Design Report in five (5) copies. The contractor shall prepare a F-1

Back to Table of Contents RFP-DCS-01-10 Section F design report which includes all the elements described in task C.4.1. This design report shall be due 90 calendar days after the contract beginning date. 3. Report on Net Impact Feasibility in ten (10) copies. Approximately nine months after the contract execution date, the contractor will submit a report on the feasibility of conducting a net impact study. 4. Interim Report in twenty five (25) copies to be delivered eighteen (18) months after contract execution. The interim report will include an Executive Summary. A detailed outline of the interim report, in ten copies, will be submitted to the project officer at least 60 days prior to the report delivery due date. 5. Final Report in twenty-five (25) copies, one of which is camera ready. The final report will include an Executive Summary. A detailed outline of the final report, in ten (10) copies, will be submitted to the project officer at least 75 calendar days before the end of the period of performance. A draft of the final report, in ten (10) copies, will be submitted at least 45 calendar days before the end of the period of performance. The final report, incorporating ETA comments, will be due by the contract end date. F-2 RFP-DCS-01-10 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 G-1

Back to Table of Contents RFP-DCS-01-10 Section G than monthly, unless otherwise so authorized in the contract. (2) If the contract is a fixed-price type contract, the contractor may submit SF-1034, Public Voucher, or the equivalent thereto; i.e., contractor's own invoice, in lieu of the forms described in A(l) above. (3) Invoices should be submitted to the individual listed below: TBD U.S. Department of Labor, ETA 200 Constitution Avenue, NW, Room 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 Contents RFP-DCS-01-10 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 G-3

Back to Table of Contents RFP-DCS-01-10 Section G specified above must be received by the appropriate Government official 30 days prior to the date such change is to become effective. E. The documents furnishing the information required in paragraphs B and C above must be dated and contain the signature, title, and telephone number of the Contractor official authorized to provide it, as well as the Contractor's name and contract number. F. Contractor failure to properly designate a financial institution or to provide appropriate payee bank account information may delay payments of amounts otherwise properly due. G. The Contractor shall forward the information required above to: U.S. Department of Labor, ETA Division of Accounting, Room N-4702 200 Constitution Avenue, NW Washington, DC 20210 G-4 RFP-DCS-01-10 Section H SECTION H - SPECIAL CONTRACT REQUIREMENTS H.1 BUDGET LINE ITEM FLEXIBILITY Flexibility of Direct Costs will be allowed within the Prime Contract Budget, provided no single line item of cost shall be increased or decreased in excess of 20 percent and provided further that the total estimated cost of the Contract is not exceeded. This flexibility of cost does not apply to the wages, salaries and fringe benefits line items (including proposed changes by the Contractor in the mixture, number of hours, wages, and/or bonus or personnel paid under the contract) wherein no increase is permitted without the prior review and approval by the Contracting Officer. In contracts with OPTION TO EXTEND SERVICES provisions, this clause is applicable to each yearly negotiated budget line item amounts, and not the accumulated budget line item totals. H.2 FRINGE BENEFITS Social Security, Workers' Compensation, Unemployment Compensation and any other fringe benefits are a normal practice of the Contractor at the time of final negotiations for this contract and are available to all employees. Fringe benefits from an immediate previous employer which may be continued while employed under this contract are an allowable cost. In no event will duplicate fringe benefits be allowable to an individual under this contract. H.3 VACATIONS, SICK-LEAVE HOLIDAYS The Contractor may grant leave in accordance with its established written policy, provided that policy is accepted by the Contracting Officer or, in the absence of an established policy, leave may be granted as follows: Vacation: Maximum 2 weeks (10 working days) Sick Leave: Maximum 2 weeks (10 working days) Holiday: Maximum of paid holidays Leave shall be accrued at the rate of 5/6 of 1 day per month for each month employed. If the term of this contract is for more than or less than 1 year, the above leave shall be adjusted accordingly. H-1

Back to Table of Contents RFP-DCS-01-10 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 Contents RFP-DCS-01-10 Section H H.5 USE OF AND PAYMENT TO CONSULTANTS (a) Consultant(s) hired to perform under this contract may be compensated at a rate for time actually worked (e.g., amount per day, per week, per month, etc.), or at a fixed price for performance of a specific task, or at nominal compensation in accordance with Contractor's policies. However, for the use and payment to consultant(s) prior written approval must be obtained from the Contracting Officer. (b) The amount or rate of payment will be determined on a case-by- case basis, taking into account (among any other relevant factors) the relative importance of the duties to be performed, the stature of the individual in his specialized field, comparable pay for positions under the Classification Act or other Federal pay systems, rates paid by private employers and rates previously paid other experts or consultants for similar work. (c) The contractor shall maintain a written report for the files on the results on all consultations charged to the contract. This report must include, as a minimum: (1) the consultant's name, dates, hours and amounts charged to the contract; (2) the names of the contractor's staff to whom the services are provided; and (3) the results of the subject matter of the consultation. H.6 UNEMPLOYMENT INSURANCE COST Unemployment insurance costs shall be paid by the contractor as they are incurred. However, in the event billings for Unemployment Insurance costs are received by the contractor after the expiration date of this contract and the billings cover the period that this contract was effective, the Government agrees to reimburse the contractor at the same rate that would have been applicable had the cost been paid as they were incurred. H.7 ACCOUNTING AND AUDITING SERVICES (a) Accounting The contractor may procure and utilize such accounting services as are required to establish and maintain an accounting system which reflect accurate, current and complete financial transactions and which meet the standards of the Comptroller General of the United States and the Department of Labor. (b) Auditing The contractor shall audit or have audited subcontractor financial records as may be required to determine, at a minimum, the fiscal integrity of financial transactions and compliance with laws, regulations and administrative requirements. H-3

Back to Table of Contents RFP-DCS-01-10 Section H The U.S. Department of Labor shall be responsible for scheduling all audits of the prime contractor's books, documents, papers and records. The Department will use its own audit resources or shall use certified or public accountants under contract or auditors from another Federal agency. Cost of Accounting Services and Audit of subcontractors as described herein are allowable cost under this contract. Costs for audits for which the U.S. Department of Labor is responsible are unallowable. H.8 PRINTING Unless otherwise specified in this contract, the contractor shall not engage in, nor subcontract for, any printing (as that term is defined in Title 1 of the Government Printing and Binding Regulations in effect on the effective date of this contract) in connection with the performance of work under this contract: provided, however, that performance of a requirement under this contract involving the reproduction of less than 5,000 production units of any one page or less than 25,000 production units in the aggregate of multiple pages, will not be deemed to be printing. A production unit is defined as one sheet, size 8 by 11 inches, one side only, one color. H.9 KEY PERSONNEL The personnel specified below or in attachment to this contract are considered to be essential to the work being performed hereunder. Prior to diverting any of the specified individuals to other programs, the Contractor shall notify the Contracting Officer reasonably in advance and shall submit justification (including proposed substitutions) in sufficient detail to permit evaluation of the impact on the program. No diversion shall be made by the Contractor without the written consent of the Contracting Officer; Provided, that the Contracting Officer may ratify in writing such diversion and such ratification shall constitute the consent of the Contracting Officer required by this clause. The below list or attachment to this contract may be amended from time to time during the course of the contract to either add or delete personnel, as appropriate. For the purpose of this contract, the key personnel positions are identified below as: - Project Director - Co-Principal Investigator - - - - H-4

Back to Table of Contents RFP-DCS-01-10 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 Contents RFP-DCS-01-10 Section H H.15 NONDISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITIES (a) No person shall on the ground of race, religion, color, handicap, national origin, sex, age, political affiliation, or beliefs be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded or otherwise financially assisted, in whole or in part with funds made available hereunder. (b) In addition, this contract and any subcontract hereunder is subjected to Title VI of the Civil Rights Act of 1964 (78 Stat. 252) and the Regulations issued thereunder and found at 29 CFR 31. The Contractor agrees that any service, financial aid, or other benefit to be provided by it under this contract shall be furnished without discrimination because of race, color, sex, or national origin; and that his employment practices shall be subject to the same restrictions to ensure nondiscriminatory treatment of beneficiaries of assistance under the Act. H.16 FEDERAL REPORTS In the event that it subsequently becomes a contractual requirement to collect or record information calling for answers to identical questions from 10 or more persons other than Federal employees, or for information from Federal employees which is to be used for statistical compilations of general public interest, the Paperwork Reduction Act of 1980 and 5 CRF 1320 shall apply to this contract. No plan, questionnaire, interview guide or similar device for collecting formation (whether repetitive or single-time) may be used without first obtaining clearance from the Office of Management and Budget (OMB). The contractor shall obtain the required OMB clearance through the Project Officer before expending any funds or making public contracts for the collection of data. The authority to expend funds and to proceed with the collection of data shall be issued in writing by the Contracting Officer. H.17 DISCLOSURE OF CONFIDENTIAL INFORMATION The Contractor agrees to maintain the confidentiality of any information regarding applicants, project participants or their immediate families which may be obtained through application forms, interviews, test reports from public agencies or counselors, or any other source. Without the permission of the applicant or participant, such information shall be divulged only as necessary for purposes related to the performance or evaluation of the contract and to persons having responsibilities under the contract, including those furnishing services to the projects under subcontracts. H-6

Back to Table of Contents RFP-DCS-01-10 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. H-7

Back to Table of Contents RFP-DCS-01-10 Section H (ii) Depict both men and women in art work on general subject matters. (iii) Show men and women in a variety of roles in photographs, illustrations, and drawings. -- Show women and men as managers and skilled laborers. H.19 HAZARDOUS OCCUPATION ORDERS The Contractor shall comply with the Hazardous Occupation Orders issued pursuant to the Fair Labor Standards Act and set forth at 20 CFR 570.50 et seq. with respect to the employment of youths under 18 years of age and the Child Labor Standards of 29 CFR 570.31 et seq. with respect to the employment of youths aged 14 and 15. H.20 INSURANCE REQUIREMENTS (FAR-Subpart 28.3) In accordance with the Federal Acquisition Regulation, 48 CFR, Clause 52.228-7 entitled, "Insurance-Liability to Third Persons" the following kinds and amounts of insurance must be procured and maintained in force during the lifetime of the above numbered contract. A. Worker's Compensation - In the amounts required by State law or the United States Longshore Worker's and Harbor Workers' Compensation Act (33 U.S.C. 901). B. Occupational Diseases Insurance - As required by applicable law. In any area where all occupational diseases are not compensable under applicable law, insurance for occupational diseases shall be secured under the employer liability section of your insurance policy, minimum per accident $100,000. C. Employer Liability - This insurance is to cover any liability imposed upon an employer, by law, for damages on account of personal injuries, including death resulting therefrom, sustained by his employees by reason of accident. D. General Liability Insurance (Bodily Injury) - This insurance protects the insured against claims arising from bodily injury or death to third parties occurring on it business premises or through its operations except those arising from motor vehicles away from the premises, those covered by any Worker's Compensation law, and other exclusions stated in the policy. The required coverage for bodily injury shall be $200,000 per person and $500,000 per occurrence. E. Automobile Liability - The required coverage is $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage. F. The policies evidencing such insurance as required under this contract shall contain the following endorsement: H-8

Back to Table of Contents RFP-DCS-01-10 Section H "No cancellation, termination, or modification of this policy shall take effect prior to the expiration of 35 days after written notice of the cancellation, termination or modification together with suitable identification of the policy and name insured has been sent by registered letter to the Government representative at the address stated below: Name of Contracting Officer: Keith A. Bond Address: USDOL/ETA/DASET/OGCM/DCS 200 Constitution Ave., N.W. Room C-4310 Washington, D.C. 20210 The types and minimum limits reflected above for vehicle insurance shall apply to any vehicle operated or used in connection with performance of official business under this contract. In the event a privately-owned vehicle is used, the Government's share of insurance premiums, including any additional coverage required to conform with the above limits, shall be prorated in accordance with the vehicle's actual use while conducting business under the terms of this contract. H.21 DATA COLLECTION FOR THE DEPARTMENT OF LABOR The Contractor shall be responsible for informing any grantee that they have been requested to collect information for the Department of Labor. The collection of such data shall be the responsibility of the Contractor solely. The Contractor may request assistance from ETA grantees in locating the data. However, the actual data gathering must be done by the Contractor. H.22 PERFORMANCE STANDARDS The composition, workmanship, printing or reproduction and substantive content of all reports, evaluations, charts, tables, graphs, and other data to be furnished under this contract shall strictly conform to the generally accepted quality standards of the Contractor's profession and shall be suitable for dissemination and use without revision, to DOL, other Government agencies and the general public. Reports shall include a complete disclosure of all data relevant to the work performed, the techniques developed, the investigations made, and shall be relevant to the materials studies and methods and processes employed. H-9

Back to Table of Contents RFP-DCS-01-10 Section H H.23 RESTRICTION ON USE OF DOL FUNDS FOR LOBBYING In accordance with the cost principles incorporated in the Federal Acquisition Regulations (FAR) at 31.205-22, lobbying costs (direct or indirect) are unallowable under this agreement. The exclusion of lobbying costs using Department of Labor funds is not intended to penalize, discourage, or prevent lobbying activities by utilizing non-Federal funds. H.24 PUBLICATION OF MATERIALS The Contractor shall receive permission from the Contracting Officer prior to publishing any works performed under this contract. Further, the Contractor shall acknowledge the support of the Department of Labor whenever publicizing any work performed under this contract. To implement the foregoing, the Contractor shall include in any publication resulting from work performed under this contract, an acknowledgement substantially the same as follows: "This project has been funded, either wholly or in part, with Federal funds from the Department of Labor, Employment and Training Administration under Contract Number 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 INDIRECT COSTS In order to avoid major audit problems, disallowed costs, and to receive timely reimbursement of indirect costs, contractors should take those necessary steps to comply with this clause as well as the critical timeframes for submission of indirect cost proposals. You are governed by one of the categories of cost principles listed below. Please comply with your cost principles as appropriate to your organization. (1) Federal Acquisition Regulation (FAR) Subparts 31 and 42 apply to private-for-profit contractors. (2) OMB Circular A-87 applies to state and local governments and Federally-recognized Indian Tribes. States receiving JTPA formula-allocated funds can elect to waive A-87 coverage. (3) OMB Circulars A-21, A-88 and FAR 42.705-3 apply to educational institutions. (4) OMB Circular A-122 applies to nonprofit institutions excluding those addressed in the preceding as well as hospitals. The total amount of contract funds will not be increased to reimburse organizations for higher indirect cost rates than those rates identified in this clause. Also, the contractor must obtain approval from the Contracting Officer to transfer funds from other budget line items to the indirect cost budget line items to accommodate higher indirect cost rates. H-10

Back to Table of Contents RFP-DCS-01-10 Section H The foregoing does not relieve the contractor of any other administrative cost limitations regarding the contract. Billing rates are only temporary for the 90 days period from the effective date of your contract. Failure to submit an acceptable indirect cost proposal to your cognizant agency for provisional rates within the aforementioned 90-day period means that you shall not receive any further reimbursement of your indirect billing rates until the provisional rate proposal is received. Also, action may be taken to recoup all indirect costs already paid to you. A private-for-profit contractor is to submit an acceptable indirect cost proposal for final rates to its cognizant agency within 90 days after the end of its fiscal year. All other contractors must submit their final rate proposals within 6 months after the end of their fiscal year. Block 1 or 2 is completed below as appropriate for affected new contracts or modifications. BLOCK 1 Rate category: (check one) Your rates and bases are: Billing Overhead Provisional Base: Final (And, if applicable) See Attached Agreement General and Admin. Other (Explain) Base: Effective from to or if multi-year, please explain here: BLOCK 2 (For special indirect cost ceilings) Special percent ceiling is % for (usually overhead) and if applicable, % for General and Administrative. Base: OR Special dollar ceiling is $ for (usually overhead) and if applicable, $ for General and Administrative. Base: Effective from to or if multi-year, please explain here: If applicable for ceilings, please describe here any situation whereby the bases in Block 2 above differ from the bases in Block 1 above. Also, the maximum reimbursement for indirect costs under this contract will be based on the lower of the negotiated rates or H-11

Back to Table of Contents RFP-DCS-01-10 Section H ceilings. If the Department of Labor (DOL) is your cognizant agency, proposals for indirect cost rates and supporting data and documentation should be sent to the Office of Cost Determination (OCD) Negotiator in the appropriate DOL Regional Office or if applicable, to the OCD National Office whose address and phone number is listed below. In addition, if you do not know your cognizant Federal agency, please call the phone number listed below: Director, Office of Cost Determination (OCD) U.S. Department of Labor, OASAM 200 Constitution Avenue, N.W., Room S-5520 Washington, D.C. 20210 Tel. (202) 219-8391 (End of Clause) H-12 RFP-DCS-01-10 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 Contents RFP-DCS-01-10 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 52.232-22 LIMITATION OF FUNDS APR 1984 52.232-23 ASSIGNMENT OF CLAIMS JAN 1986 52.232-33 PAYMENT BY ELECTRONIC FUNDS--CENTRAL MAY 1999 CONTRACTOR REGISTRATION 52.233-1 DISPUTES 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 52.246-23 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 52.243-7 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 I-2

Back to Table of Contents RFP-DCS-01-10 Section I 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; (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 I-3

Back to Table of Contents RFP-DCS-01-10 Section I 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. (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-4

Back to Table of Contents RFP-DCS-01-10 Section I I.3 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): www.arnet.gov/far/ I.4 52.232-25 PROMPT PAYMENT (JUN 1997) Notwithstanding any other payment clause in this contract, the Government will make invoice payments and contract financing payments under the terms and conditions specified in this clause. Payment shall be considered as being made on the day a check is dated or the date of an electronic funds transfer. Definitions of pertinent terms are set forth in section 32.902 of the Federal Acquisition Regulation. All days referred to in this clause are calendar days, unless otherwise specified. (However, see subparagraph (a)(4) of this clause concerning payments due on Saturdays, Sundays, and legal holidays.) (a) Invoice payments (1) Due Date. (i) Except as indicated in subparagraph (a)(2) and paragraph (c) of this clause, the due date for making invoice payments by the designated payment office shall be the later of the following two events: (A) The 30th day after the designated billing office has received a proper invoice from the Contractor (except as provided in subdivision (a)(1)(ii) of this clause). (B) The 30th day after Government acceptance of supplies delivered or services performed by the Contractor. On a final invoice where the payment amount is subject to contract settlement actions, acceptance shall be deemed to have occurred on the effective date of the contract settlement. (ii) If the designated billing office fails to annotate the invoice with the actual date of receipt at the time of receipt, the invoice payment due date shall be the 30th day after the date of the Contractor's invoice; provided a proper invoice is received and there is no disagreement over quantity, quality, or Contractor compliance with contract requirements. (i) Name and address of the Contractor. (ii) Invoice date. (The Contractor is encouraged to date invoices as close as possible to the date of the mailing or transmission.) I-5

Back to Table of Contents RFP-DCS-01-10 Section I (iii) Contract number or other authorization for supplies delivered or services performed (including order number and contract line item number). (iv) Description, quantity, unit of measure, unit price, and extended price of supplies delivered or services performed. (v) Shipping and payment terms (e.g., shipment number and date of shipment, prompt payment discount terms). Bill of lading number and weight of shipment will be shown for shipments on Government bills of lading. (vi) Name and address of Contractor official to whom payment is to be sent (must be the same as that in the contract or in a proper notice of assignment). (vii) Name (where practicable), title, phone number, and mailing address of person to be notified in the event of a defective invoice. (viii) Any other information or documentation required by the contract (such as evidence of shipment). (ix) While not required, the Contractor is strongly encouraged to assign an identification number to each invoice. (4) Interest penalty. An interest penalty shall be paid automatically by the designated payment office, without request from the Contractor, if payment is not made by the due date and the conditions listed in paragraphs (a)(4)(i) through (a)(4)(iii) of this clause are met, if applicable. However, when the due date falls on a Saturday, Sunday, or legal holiday when Federal Government offices are closed and Government business is not expected to be conducted, payment may be made on the following business day without incurring a late payment interest penalty. (i) A proper invoice was received by the designated billing office. (ii) A receiving report or other Government documentation authorizing payment was processed, and there was no disagreement over quantity, quality, or Contractor compliance with any contract term or condition. (iii) In the case of a final invoice for any balance of funds due the Contractor for supplies delivered or services performed, the amount was not subject to further contract settlement actions between the Government and the Contractor. (5) Computing penalty amount. The interest penalty shall be at the rate established by the Secretary of the Treasury under section 12 of the Contract Disputes Act of 1978 (41 U.S.C. 611) that is in effect on the day after the due date, except where the interest penalty is prescribed by other governmental authority (e.g., tariffs). This rate is referred to as the "Renegotiation Board I-6

Back to Table of Contents RFP-DCS-01-10 Section I Interest Rate," and it is published in the Federal Register semiannually on or about January 1 and July 1. The interest penalty shall accrue daily on the invoice principal payment amount approved by the Government until the payment date of such approved principal amount; and will be compounded in 30-day increments inclusive from the first day after the due date through the payment date. That is, interest accrued at the end of any 30-day period will be added to the approved invoice principal payment amount and will be subject to interest penalties if not paid in the succeeding 30-day period. If the designated billing office failed to notify the Contractor of a defective invoice within the periods prescribed in subparagraph (a)(3) of this clause, the due date on the corrected invoice will be adjusted by subtracting from such date the number of days taken beyond the prescribed notification of defects period. Any interest penalty owed the Contractor will be based on this adjusted due date. Adjustments will be made by the designated payment office for errors in calculating interest penalties. (i) For the sole purpose of computing an interest penalty that might be due the Contractor, Government acceptance shall be deemed to have occurred constructively on the 7th (unless otherwise specified in this contract) after the Contractor delivered the supplies or performed the services in accordance with the terms and conditions of the contract, unless there is a disagreement over quantity, quality, or Contractor compliance with a contract provision. In the event that actual acceptance occurs within the constructive acceptance period, the determination of an interest penalty shall be based on the actual date of acceptance. The constructive acceptance requirement does not, however, compel Government officials to accept supplies or services, perform contract administration functions, or make payment prior to fulfilling their responsibilities. (ii) The following periods of time will not be included in the determination of an interest penalty: (A) The period taken to notify the Contractor of defects in invoices submitted to the Government, but this may not exceed 7 days (3 days for meat, meat food products, or fish; 5 days for perishable agricultural commodities, dairy products, edible fats or oils, and food products prepared from edible fats or oils). (B) The period between the defects notice and resubmission of the corrected invoice by the Contractor. (C) For incorrect electronic funds transfer (EFT) information, in accordance with the EFT clause of this contract. (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 I-7

Back to Table of Contents RFP-DCS-01-10 Section I amounts temporarily withheld or retained in accordance with the terms of the contract. Claims involving disputes, and any interest that may be payable, will be resolved in accordance with the clause at 52.233-1, Disputes. (6) Prompt payment discounts. An interest penalty also shall be paid automatically by the designated payment office, without request from the Contractor, if a discount for prompt payment is taken improperly. The interest penalty will be calculated as described in subparagraph (a)(5) of this clause on the amount of discount taken for the period beginning with the first day after the end of the discount period through the date when the Contractor is paid. (7) Additional interest penalty. (i) a penalty amount, calculated in accordance with paragraph (a)(7)(iii) of this clause, shall be paid in addition to the interest penalty amount if the Contractor-- (A) Is owed an interest penalty of $1 or more; (B) Is not paid the interest penalty within 10 days after the date the invoice amount is paid; and (C) Makes a written demand to the designated payment office for additional penalty payment, in accordance with paragraph (a)(7)(ii) of this clause, postmarked not later than 40 days after the invoice amount is paid. (ii)(A) Contractors shall support written demands for additional penalty payments with the following data. No additional data shall be required. Contractors shall-- (1) Specifically assert that late payment interest is due under a specific invoice, and request payment of all overdue late payment interest penalty and such additional penalty as may be required; (2) Attach a copy of the invoice on which the unpaid late payment interest was due; and (3) State that payment of the principal has been received, including the date of receipt. (B) Demands must be postmarked on or before the 40th day after payment was made, except that-- (1) If the postmark is illegible or nonexistent, the 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. I-8

Back to Table of Contents RFP-DCS-01-10 Section I (iii)(A) The additional penalty shall be equal to 100 percent of any original late payment interest penalty, except-- (1) The additional penalty shall not exceed $5,000; (2) The additional penalty shall never be less than $25; and (3) No additional penalty is owed if the amount of the underlying interest penalty is less than $1. (B) If the interest penalty ceases to accrue in accordance with the limits stated in paragraph (a)(5)(iii) of this clause, the amount of the additional penalty shall be calculated on the amount of interest penalty that would have accrued in the absence of these limits, subject to the overall limits on the additional penalty specified in paragraph (a)(7)(iii)(A) of this clause. (C) For determining the maximum and minimum additional penalties, the test shall be the interest penalty due on each separate payment made for each separate contract. The maximum and minimum additional penalty shall not be based upon individual invoices unless the invoices are paid separately. Where payments are consolidated for disbursing purposes, the maximum and minimum additional penalty determination shall be made separately for each contract therein. (D) The additional penalty does not apply to payments regulated by other Government regulations (e.g., payments under utility contracts subject to tariffs and regulation). (b) Contract financing payments--(1) Due dates for recurring financing payments. If this contract provides for contract financing, requests for payment shall be submitted to the designated billing office as specified in this contract or as directed by the Contracting Officer. Contract financing payments shall be made on the 30th day after receipt of a proper contract financing request by the designated billing office. In the event that an audit or other review of a specific financing request is required to ensure compliance with the terms and conditions of the contract, the designated payment office is not compelled to make payment by the due date specified. (2) Due dates for other contract financing. For advance payments, loans, or other arrangements that do not involve recurring submissions of contract financing requests, payment shall be made in accordance with the corresponding contract terms or as directed by 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-9

Back to Table of Contents RFP-DCS-01-10 Section I I.5 52.219-14 LIMITATIONS ON SUBCONTRACTING (DEC 1996) (a) This clause does not apply to the unrestricted portion of a partial set-aside. (b) By submission of an offer and execution of a contract, the Offeror/Contractor agrees that in performance of the contract in the case of a contract for -- (1) SERVICES (EXCEPT CONSTRUCTION). At least 50 percent of the cost of contract performance incurred for personnel shall be expended for employees of the concern. (2) SUPPLIES (OTHER THAN PROCUREMENT FROM A NONMANUFACTURER IN SUCH SUPPLIES). The concern shall perform work for at least 50 percent of the cost of manufacturing the supplies, not including the cost of materials. (3) GENERAL CONSTRUCTION. The concern will perform at least 15 percent of the cost of the contract, not including the cost of materials, with its own employees. (4) CONSTRUCTION BY SPECIAL TRADE CONTRACTORS. The concern will perform at least 25 percent of the cost of the contract, not including the cost of materials, with its own employees. I-10 RFP-DCS-01-10 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, SF 1411, (1 PAGE) J.2 COST AND PRICE ANALYSIS, ETA 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 VETS-100 - FEDERAL CONTRACTOR VETERANS EMPLOYMENT REPORT, OMB 1293-0005 (2 PAGES) J.7 PAST PERFORMANCE REFERENCE INFORMATION (2 PAGES) J.8 PAST PERFORMANCE EVALUATION QUESTIONNAIRE (2 PAGES) J.9 ORAL PRESENTATION EVALUATION QUESTIONNAIRE (2 PAGES) J-1 RFP-DCS-01-10 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 52.209-5 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 K-1

Back to Table of Contents RFP-DCS-01-10 Section K 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 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.3 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 K-2

Back to Table of Contents RFP-DCS-01-10 Section K 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.4 52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (OCT 2000) (a)(1) The North American Industry Classification System (NAICS) code for this acquisition is-- 541990. (2) The small business size standard is 5 million 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. K-3

Back to Table of Contents RFP-DCS-01-10 Section K (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. 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 K-4

Back to Table of Contents RFP-DCS-01-10 Section K (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.5 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; (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.6 52.222-25 AFFIRMATIVE ACTION COMPLIANCE (APR 1984) The offeror represents that-- (a) It [ ] has developed and has on file, [ ] has not developed K-5

Back to Table of Contents RFP-DCS-01-10 Section K 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.7 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. (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: ____________________________________________________________________ ____________________________________________________________________ K-6

Back to Table of Contents RFP-DCS-01-10 Section K ____________________________________________________________________ Note: "Limited rights data" and "Restricted computer software" are defined in the contract clause entitled "Rights in Data--General." K-7

Back to Table of Contents RFP-DCS-01-10 Section K K.8 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-8 RFP-DCS-01-10 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 52.214-34 SUBMISSION OF OFFERS IN THE ENGLISH APR 1991 LANGUAGE 52.214-35 SUBMISSION OF OFFERS IN U.S. CURRENCY APR 1991 52.215-1 INSTRUCTIONS TO OFFERORS--COMPETITIVE NOV 1999 ACQUISITION ALTERNATE I (OCT 1997) 52.222-24 PREAWARD ON-SITE EQUAL OPPORTUNITY FEB 1999 COMPLIANCE EVALUATION 52.225-10 NOTICE OF BUY AMERICAN ACT--BALANCE OF FEB 2000 PAYMENTS PROGRAM REQUIREMENT-- CONSTRUCTION MATERIALS 52.232-28 INVITATION TO PROPOSE PERFORMANCE-BASED MAR 2000 PAYMENTS L.2 52.215-1 INSTRUCTIONS TO OFFERORS--COMPETITIVE ACQUISITION (NOV 1999) ALTERNATE I (OCT 1997) (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. L-1

Back to Table of Contents RFP-DCS-01-10 Section L 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). (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, revisions, or withdrawals, 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, revision, or withdrawal received at the Government office designated in the solicitation after the exact time L-2

Back to Table of Contents RFP-DCS-01-10 Section L 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. (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 L-3

Back to Table of Contents RFP-DCS-01-10 Section L 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) Proposals submitted in response to this solicitation shall be in English and in U.S. dollars, unless otherwise permitted by the solicitation. (6) Offerors may submit modifications to their proposals at any time before 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 L-4

Back to Table of Contents RFP-DCS-01-10 Section L proposals received. (4) The Government intends to evaluate proposals and award a contract after conducting discussions with offerors whose proposals have been determined to be within the competitive range. 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. Therefore, the offeror's initial proposal should contain the offeror's best terms from a price and technical standpoint. (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. (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-5

Back to Table of Contents RFP-DCS-01-10 Section L 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: 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 C-4310 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 L-6

Back to Table of Contents RFP-DCS-01-10 Section L 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): 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 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 the contract and subcontracts identified in A above and corrective actions taken to resolve those problems. Offerors should not provide general information of their performance on the identified contracts. General performance information will be obtained from the references. C. The offeror may describe any quality of awards or certifications that indicate the offeror possess a high quality process for developing and producing the product or service required. Identify what segment of the company (one division or the entire company) that received the award or certification. Describe when the award or certification was bestowed. If the award or certification is over three years old, present evidence that the qualifications still apply. D. Each offeror will be evaluated on his/her performance under existing and prior contracts for similar products or services. Performance L-7

Back to Table of Contents RFP-DCS-01-10 Section L information will be used for both responsibility determinations and as an evaluation factor against which offerors' relative rankings will be compared to assure best value to the Government. The Government will focus on information that demonstrates quality of performance relative to the size and complexity of the procurement under consideration. The contractor's reference questionnaire form identified in Section J.8 will be used to collect this information. References other than those identified by the offeror may be contacted by the Government with the information received used in the evaluation of the offeror's past performance. The Government also reserves the right to decide not to contact all of the references provided by the offeror. Names of individuals providing reference information about an offeror's past performance shall not be disclosed. L.7 ORAL PRESENTATION SECTION After the receipt of offers (proposals) by the Government, every eligible offeror must make an oral presentation to the Government's evaluation panel and participate in a question and answer session. The sole purpose of the oral presentation and question and answer session is to test an offeror's understanding of the work that the Government will require under the prospective contract. The oral presentation and the question and answer session are not part of the offer and are not themselves offers. The oral presentation and the question and answer session will not constitute discussions, as defined by FAR Part 15, and will not obligate the Government to determine a competitive range, conduct discussions, or solicit to entertain revised or final offers. Statements made by the offeror during the oral presentation or the question and answer session will not become a part of any contract resulting from this RFP, unless the Government and the offeror agree to make it part of an offer during discussions. If the Government decides to conduct discussions the Government will not solicit or entertain revisions to the oral presentations or to the answers given during the question and answer session. 1. Schedule for presentation: Oral presentations will commence approximately three weeks after the receipt of proposals. The Contract Specialist will notify offerors of the scheduled date and time of their presentation within two weeks of the receipt of offerors. The order in which offerors will make presentations will be determined by drawing lots by the Contract Specialist. Once notified of their scheduled presentation date and time, offerors shall complete their presentations on the scheduled date and time. Requests from offerors to reschedule their presentations will be entertained only in emergency situations. The Government reserves the right to reschedule an offeror's oral presentation at the discretion of the Contract Specialist. 2. Form of presentation: Offerors will make their oral presentations in person, at the Department of Labor/ETA, 200 Constitution Ave., NW, Washington, D.C., to the Technical Evaluation Panel, Contract Specialist, and other representatives of the Government. Submission of videotapes or other forms of media containing the presentation for evaluation are not L-8

Back to Table of Contents RFP-DCS-01-10 Section L authorized. 3. Time allowed for presentation: Offerors shall receive transparencies one half hour prior to the presentation to caucus and prepare for the actual presentation. Oral presentations, excluding the question and answer session, will be limited to 90 minutes. The Contract Specialist will strictly enforce this time limit. Following the oral presentation there will be a recess of 1 hour. After the recess there will be a one hour question and answer session. 4. Offeror's presentation team: A maximum of five contractor personnel (prime and subcontractor) may participate. These individuals/presenters will attend the oral presentation and the question and answer session and shall answer questions directed to them. The presentation shall be made by one or more of the personnel whom the offeror will employ to manage or supervise contract performance on a full time basis. The Project Manager who will have full time operational responsibility for contract performance shall be present and shall, at a minimum, answer questions directed to him/her during the question and answer session. Offerors may not use company senior or general managers or consultants to make any part of the oral presentation. In addition to the maximum of five individuals who will participate, the offeror may send two non-participating representatives to observe. Hence a total of seven contractor personnel will be permitted to attend (only five may participate) the presentation. No other officers, employees, consultants, agents, or other representatives of the offeror may attend. 5. Content of presentation: The presentation shall not encompass price or cost and fee. During the 90 minute oral presentation, the offeror's presenters must demonstrate the offeror's understanding of the work that will be required under the prospective contract by addressing the following topics, in the following order, in accordance with the following instructions: (a) Introduction: The offeror should provide some information about itself as a firm, briefly describing its organization, history, products and services. (10 minutes) (b) Work Breakdown: Present an analysis of the statement of work. Subdivide statement of work tasks [identify selected tasks] into their constituent activities. Briefly describe each activity and its inputs and outputs. Briefly describe interrelationships and interdependencies among the activities. (20 minutes) (c) Contract Work Schedule: Present a Gantt chart that illustrates the contract work schedule by [week, month, quarter, or year]. Show the starting date and ending date of each activity identified in the work breakdown analysis. Describe the interrelationships and interdependencies among the tasks. (10 minutes) (d) Contract Resource Allocations: Describe the types of professional, administrative, clerical and other labor that will be required to perform the contract work. Briefly describe each classification of professional and blue collar labor, including position title(s) and grades, journey-person level qualification requirements, typical journey-person L-9

Back to Table of Contents RFP-DCS-01-10 Section L level duties and responsibilities. Describe the total number of hours of each of these professional and blue collar labor classifications that will be allocated to each of the activities identified in the work breakdown analysis from start to finish. Also identify the types and hours of administrative and clerical labor that will be required for each activity. (10 minutes) (e) Performance Risk Analysis: Identify contingent events that could, if they were to occur, endanger satisfactory performance. Focus on critical events that are realistically likely to occur and that would pose serious problems. (Do not try to identify every event that could cause some minor difficulty.) Briefly describe the nature of each such event, each work activity with which it is associated, the estimated likelihood of its occurrence, its likely effect on performance if it were to occur, its likely causes, and plans to prevent its occurrence and to respond in the event that it does occur. (20 minutes) (f) Responsibility Assignments: Identify the components of the offeror's organization that will have primary support responsibility for the performance of each of the activities identified in the work breakdown analysis. Include affiliates, subsidiaries, and subcontractors. Also, identify the individual managers of each such organization. Briefly describe the qualifications of each such organizational component and person, including education and training and especially their experience doing such work. (10 minutes) (g) Conclusion: The offeror should summarize the main points of its presentation and state why the Government should select the offeror for contract award. (10 minutes) An offeror may address any other topic, as well, within the 90 minute limit. The Contract Specialist will strictly enforce the 90 minute time limit. 6. Clarification of oral presentation points: After completion of the oral presentation, the Government may request clarification of any points addressed which are unclear and may ask for elaboration by the offeror on any point which was not supported. Any such interchange between the offeror and the Government will be for clarification only, and will not constitute discussions within the meaning of FAR Part 15. The time required for clarification will not be counted against the offeror's presentation time limit. 7. Government Personnel: Contract Specialist and/or Contracting Officer. Federal Staff to assist in the administration of the presentations. The Technical Evaluation Panel consisting of (3) individuals with expertise in employment and training programs administered by the Department of Labor/ETA. 8. Documentation: The Government will provide blank flip chart paper for L-10

Back to Table of Contents RFP-DCS-01-10 Section L the offeror to use during the presentation caucus time period. An overhead slide projector will be provided by the Government for offeror use during the presentation. At the close of the presentation, the offeror shall provide the Technical Evaluation with a listing of the names, firms, and position titles of all presenters, along with all flip charts and/or overhead slides used during the presentation. The Government will not accept for evaluation any additional documentation which may or may not have been referenced during the presentation. Each offeror shall use black and white overhead transparencies (slides) to document key points of its presentation. The Government will provide one overhead projector, one flip-chart pad, and marker pens for the offeror's use during the oral presentation. The offeror may not use or submit any other media documents. "The offeror shall submit its set of overhead transparencies and five (5) paper copies to the Government in a sealed package with its offer" (see L.8). Failure to submit the overhead transparencies and paper copies by the date established for receipt of offers will cause the offer to be rejected as non-responsive. Thirty (30) minutes before the presentation, the Contract Specialist will give the transparencies to the offeror for its use during the presentation. The overhead transparencies must be 8.5 by 11 inches. The legibility and clarity of the transparencies is the responsibility of the offeror. The transparencies submitted will be considered the offeror's technical proposal. If there is a discrepancy between any of the transparencies and what is verbally stated during the presentation, the information that appears on the transparency will take precedence over what the presenters say. There is no limit to the number of overhead transparencies that an offeror may use during its presentation. However, when evaluating the offeror's presentation, the Government will consider only the information on the transparencies that were actually projected during the presentation. The production and use of an excessive number of slides may be detrimental to an offeror's interests. The presentations will be audio taped by the Government. Offerors should mark slides in accordance with FAR 52.215-1 (e), Restrictions on Disclosure and Use of Data, as appropriate. L.8 SUBMISSION OF PROPOSAL (A) - General Instructions: Each offeror must submit an offer (proposal) and other written information and make an oral presentation in strict accordance with these instructions. When evaluating an offeror, the Government will consider how well the offeror complied with the letter and spirit of these instructions. The Government will consider any failure on the part of an offeror to comply with both the letter and spirit of these instructions to be an indication of the type of conduct it can expect during contract performance. Therefore, the Government encourages offerors to contact the Contracting Officer by telephone, facsimile transmission, e-mail, or mail in order to request an explanation of any part of these instructions. Your proposal must be submitted in three (3) separate and distinct parts L-11

Back to Table of Contents RFP-DCS-01-10 Section L 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, Original and two (2) signed copies of Section K, the Representations, Certifications and other Statements of Offerors and all attachments thereto except those items required in Part 2 and 3 will be submitted as outlined in their respective parts. Legible copies are acceptable. (All copies shall be ink-signed.) Part 2 - (1) A set of overhead transparencies and five (5) paper copies in a sealed package. These transparencies shall be considered in effect, the offeror's technical proposal and shall form the basis of the offeror's Oral Presentation. PLEASE NOTE: The sealed package containing the transparencies will not be opened until the scheduled date for an offeror's presentation, in the presence of the Contract Specialist and a representative of the offeror. Both the transparencies and the Oral Presentation will be used to evaluate the offeror's capability to perform the contract (See section M.2(D); (2) Offerors shall submit an original and three copies of the "Resumes of Key Personnel" (See Section M.2(B); (3) Offerors shall submit three copies of relevant past performance information (See Section L.6 and M.2(C); and 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 nonresponsiveness. 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 - A detailed Business Management Proposal as further outlined in the below instructions and consisting of: (a) Three (3) copies of Attachment J.2 - Cost and Price Analysis, ETA 8555 (Mar. 1981) (b) One (1) copy of Attachment J.3 - 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 L-12

Back to Table of Contents RFP-DCS-01-10 Section L 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 being acceptable. NOTE: Part 1, 2, and 3 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. The Government warns offerors that taking exception to any term or condition of the RFP (including submitting any alternative proposal that requires a relaxation of a requirement), will make an offer unacceptable, and the offeror ineligible for award, unless the RFP expressly authorizes such an exception with regard to that specific term or condition. The Government will consider any exception to a term or condition of the RFP that is not expressly authorized by the RFP to be a deficiency, as defined in FAR Part 15. An offeror may eliminate a deficiency in its offer only through discussions, as defined and prescribed in FAR Part 15. However, the Government intends to award a contract without discussions, as authorized by FAR Part 15. Therefore, any offeror planning to take exception to a term or condition of the RFP should consult with the Contracting Officer prior to submitting and offer, unless the RFP expressly authorizes such an exception. Not withstanding its plan to award without discussions, the Government reserves the right to conduct technical and cost discussions with offers in a competitive range, if necessary, and to permit such offerors to revise their proposals. The government also reserves the right to change any terms and conditions of their RFP by amendment at any time prior to contract award and to allow offerors to revise their offers accordingly, as authorized by FAR Part 15. The offeror shall complete and submit all certifications included in or attached to this Request for Proposal. The Cost Analysis (Attachment J.2) and Financial Capability Forms (Attachment J.3) 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). L-13

Back to Table of Contents RFP-DCS-01-10 Section L (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 he 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 do they have in this technical area? *Also provide the above information for consultants you intend to use in the performance of a resulting contract. L.9 LETTERS OF COMMITMENT - KEY PERSONNEL, (OCT 2000) 1. All proposed key personnel listed in Section M.C 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 one year 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 one year 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 L-14

Back to Table of Contents RFP-DCS-01-10 Section L (3) the employment contract must address salary, benefits, and position. 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 Clarification (RFC) must be received no later than 5:00 p.m. local time, February 12, 2001. Only electronic submission of requests will be accepted. They shall be submitted to Ms. Chari A. Magruder at cmagruder@doleta.gov. Should any RFC be received after the date stated above, the Government reserves the right not to provide an answer. If, however, the Government determines that the RFC raises an issue of significant importance, the government will respond electronically. The Government will not provide any information concerning requests for clarifications in response to telephone calls from offerors. All requests will be answered electronically and will be available to all offerors at the DOLETA Internet site (http://www.wdsc.org.sga/rfp/htm). L-15 RFP-DCS-01-10 Section M SECTION M - EVALUATION FACTORS FOR AWARD M.1 BASIS FOR AWARD (BEST VALUE) The Government intends to evaluate proposals using a two-step methodology. The first step will involve the evaluation of the offeror's TECHNICAL APPROACH, INDIVIDUAL STAFF EXPERIENCE AND QUALIFICATIONS, CONTRACTOR'S PAST PERFORMANCE, AND PRICE, evaluation factors A, B, C, and E listed below). Based on these evaluations, a Competitive Range (FAR Part 15) consisting of the most highly rated proposals will be established. The second step will involve evaluation of an ORAL PRESENTATION presented by each of the offerors within the Competitive Range. Evaluation of oral presentations will consist of the offeror's CAPABILITY TO PERFORM THE WORK (evaluation factor D listed below). Therefore, each offer should contain the best terms from a cost or price and technical standpoint A cost realism analysis will be performed for all technically acceptable offerors. Contract award will be based on the combined evaluations of the contractor's Technical Approach, Individual Staff Experience and Qualifications, Contractor's Past Performance, Contractor's Capability to Perform the Work, and Price. 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 no-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/no-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 M-1

Back to Table of Contents RFP-DCS-01-10 Section M 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.2 EVALUATION CRITERIA AND BASIS FOR AWARD (BEST VALUE) A. TECHNICAL APPROACH (35 Points) The offeror's technical approach is to be developed in a clear and concise manner. The proposal shall clearly explain how the technical approach meets the objectives of this RFP. The proposal shall address the issues to be examined, the data requirements of the evaluation, data collection procedures, and methods of analysis. The offeror shall identify potential technical problems and discuss alternatives for dealing with them. A workplan showing the scheduling of tasks and subtasks for conducting the study shall also be included. The offeror should demonstrate a thorough knowledge of 1) evaluation of demonstration programs, 2) ACWIA 1998 and ACWIA 2000 and other employment and training legislation and regulations relevant to this study, 3) the H-1B DOL grant process, 4) issues related to providing training-related services and relevant employment outcomes in H-1B related occupations, and 5) ETA national and regional office structure. Please be advised that offerors shall be evaluated under this factor based on the following: 1. The issues to be examined. 2. The data requirements of the evaluation. 3. Data collection procedures. 4. Methods of analysis. 5. Identify potential technical problems and the discussion dealing with them. 6. A workplan showing the scheduling of tasks and subtasks also be included. 7. A thorough knowledge of 1) evaluation of demonstration ACWIA 2000 and other employment and training legislation this study, 3) the H-1B DOL grant process, 4) issues services and relevant employment outcomes in H-1B related national and regional office structure. B. 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 M-2

Back to Table of Contents RFP-DCS-01-10 Section M 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. The following information shall also be furnished: 1. The proposed Project Director; 2. The proposed project organization; 3. The time commitment of all professional personnel assigned to the project (the number of hours per month that each individual will devote to the project over its life), as well as "Letters of Intent"for each professional personnel; 4. A resume for each professional personnel to be assigned to the project. At a minimum, each 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, i.e., management, team leader, consultant. Also, indicate whether each individual is currently employed by the contractor, and (if so) for how long. (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 on the demonstration project. (c) The individual's educational background; (d) The position to which the individual would be assigned for the project and the type of work that they would perform in that capacity. Please be advised that offerors shall be evaluated under this factor based on the following: (i) The experience and qualifications of the proposed Project Director and the amount of time committed to the project. This person shall be a qualified professional capable of supervising activities involved in support of each task order; be qualified to coordinate all project related personnel matters communicate both orally and in writing with all levels of ETA personnel; develop and implement staffing plans, and otherwise manage the project; be a qualified professional capable of working independently and M-3

Back to Table of Contents RFP-DCS-01-10 Section M providing guidance to lower level personnel; and have a minimum of 5 years experience in related work; (ii) The experience and qualifications of all professional personnel. Professional personnel should have a minimum of three years experience in related work and the technical expertise for their role in the project. (iii) The time commitment of all personnel assigned to the project (the number of hours per month that each individual will devote to the project over its life), as well as "Letters of Intent" for each professional personnel. All professional personnel must devote a full time effort on this project except where percentage of time of professional personnel is designated in the RFP. (iv) A resume for each professional personnel to be assigned to the project. At a minimum, each 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, i.e., management, team leader, consultant. Also, indicate whether each individual is currently employed by the contractor, and (if so) for how long. (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; (d) The position to which the individual would be assigned for the project and the type of work that they would perform in that capacity; and (vi) Staffing charts listing names, qualifications, and experience of 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. C. CONTRACTOR'S PAST PERFORMANCE (20 Points) This criterion shall represent up to 20% of the total score of the proposal. Award may be made from the initial offers without discussions. However, if discussions are held 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 M-4

Back to Table of Contents RFP-DCS-01-10 Section M identified contracts and the offeror's 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. Offers shall submit past performance information regarding predecessor companies, professional 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, the offeror may not be evaluated favorably or unfavorably on past performance. In this instance the offeror would receive a neutral score. D. CONTRACTOR'S CAPABILITY TO PERFORM THE CONTRACT (20 points) The Government will evaluate each offeror's capability to perform the contract on the basis of its oral presentation and the responses it gives during the question and answer session that will follow the oral presentation. In making this evaluation, the government will consider an offeror's: (1) knowledge of the content of the work in terms of constituent activities, their inputs and outputs, and their interrelationships and interdependencies; (2) recognition of the appropriate sequence and realistic duration of the work activities; (3) knowledge of the appropriate types of resources required to perform the work activities; (4) familiarity with the difficulties , uncertainties, and risks associated with the work; and (5) knowledge of the personnel and subcontractor qualifications necessary to the performance of the work. E. PRICE Cost Realism will be performed as part of the proposal evaluation process. The purpose of this evaluation shall be (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 prices/cost; 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 BEST OVERALL 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 M-5

Back to Table of Contents RFP-DCS-01-10 Section M 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-6

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