To Table of Content PART I - THE SCHEDULE SECTION A - SOLICITATION/CONTRACT FORM SF 33 SOLICITATION, OFFER AND AWARD NOTICE: Total SET-ASIDE for Small Business Concerns Page 1 of Pages ________________________________________________________________________________ 1. This contract is a rated order under DPAS(15 CFR 700) RATING: N/A ________________________________________________________________________________ 2. CONTRACT NO. |3. SOLICITATION NO. RFP-DAA 99-60 ________________________________________|_____________________________________ 4. TYPE OF SOLICITATION [ ] SEALED BID (IFB) [X] NEGOTIATED (RFP) ______________________________________________________________________________ 5. DATE ISSUED |6. REQUISITION/PURCHASE REQ. NO. 9-24/1999 | PAR 99/HL _____________________________________|__________________________________________ 7. ISSUED BY N CODE U.S. Department of Labor, ETA/OGCM Division of Contract Services 200 Constitution Avenue, NW, Room S-4203 Washington, DC 20210 ________________________________________________________________________________ 8. ADDRESS OFFER TO (If other than Item 7) ________________________________________________________________________________ NOTE: In sealed bid solicitations, "offer" and "offeror" mean "bid" and "bidder" ________________________________________________________________________________ SOLICITATION ________________________________________________________________________________ 9. Sealed offers in original and 120 copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if handcarried, in the depository located in Room S-4203, until 2:00 p.m. local time on 10/29/1999________. CAUTION-LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation. ________________________________________________________________________________ 10. FOR INFORMATION CALL: A. NAME Harry Ladson B. TELEPHONE NO. (Include Area Code)(NO COLLECT CALLS) (202) 219-8698 x147 C. EMAIL ADDRESS firstname.lastname@example.org ________________________________________________________________________________ 11. TABLE OF CONTENTS PART I - THE SCHEDULE A SOLICITATION/CONTRACT FORM B SUPPLIES OR SERVICES AND PRICES/COSTS C DESCRIPTION/SPECIFICATIONS/WORK STATEMENT D PACKAGING AND MARKING E INSPECTION AND ACCEPTANCE See Attached Table of Contents F DELIVERIES OR PERFORMANCE G CONTRACT ADMINISTRATION DATA H SPECIAL CONTRACT REQUIREMENTS PART II - CONTRACT CLAUSES I CONTRACT CLAUSES PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS J LIST OF ATTACHMENTS PART IV - REPRESENTATIONS AND INSTRUCTIONS K REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS L INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS M EVALUATION FACTORS FOR AWARD ________________________________________________________________________________ STANDARD FORM 33 (REV.9-97) Prescribed by GSA FAR(48 CFR) 53.214(c) SOLICITATION, OFFER AND AWARD Page 1a of Pages OFFER (Must be fully completed by offeror) ________________________________________________________________________________ NOTE: Item 12 does not apply if the solicitation includes the provision at 52.214-16, Minimum Bid Acceptance Period. ________________________________________________________________________________ 12. In compliance with the above, the undersigned agrees, if this offer is accepted within 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 amend- ments to the SOLICITATION for offerors & related documents numbered and dated AMENDMENT NO. DATE AMENDMENT NO. DATE ------------ --------- ------------ --------- ________________________________________________________________________________ 15A. NAME AND ADDRESS OF OFFEROR Code: Facility Code: ________________________________________________________________________________ 15B. TELEPHONE NO. (Include Area Code) ________________________________________________________________________________ 15C. CHECK IF REMITTANCE ADDRESS IS DIIFERENT IN SCHEDULE [ ] DIFFERENT FROM ABOVE - ENTER SUCH ________________________________________________________________________________ 16. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or Print ) | | ________________________________________|_______________________________________ 17. SIGNATURE |18. OFFER DATE | ________________________________________|_______________________________________ STANDARD FORM 33 (REV.9-97) Prescribed by GSA FAR(48 CFR) 53.214(c) SOLICITATION, OFFER AND AWARD Page 1b of Pages ________________________________________________________________________________ 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(c)( ) [ ] 41 U.S.C. 253(c)( ) ________________________________________________________________________________ 23. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM: (4 copies unless otherwise specified) ________________________________________________________________________________ 24. ADMINISTERED BY CODE (If other than Item 7) ________________________________________________________________________________ 25. PAYMENT WILL MADE BY CODE (If other than Item 7) ________________________________________________________________________________ 26. NAME OF CONTRACTING |27. UNITED STATES OF AMERICA |28.AWARD DATE OFFICER (Type or Print) |(Signature of Contract Officer)| | | JOHN M. STEENBERGEN | | | | ______________________________|_______________________________|_________________ IMPORTANT - Award will be made on this Form or on Standard Form 26, or by other authorized official written notice. ________________________________________________________________________________ STANDARD FORM 33 (REV.9-97) Prescribed by GSA FAR(48 CFR) 53.214(c) TABLE OF CONTENTS PAGE PART I - THE SCHEDULE. . . . . . . . . . . . . . . . . . . . . . . . . . A-1 SECTION A - SOLICITATION/CONTRACT FORM . . . . . . . . . . . . . . . . . A-1 SF 33 SOLICITATION, OFFER AND AWARD. . . . . . . . . . . . . . . . A-1 SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS . . . . . . . . . . . . B-1 SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK . . . . . . . . C-1 C.1 Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . C-1 C.2 BACKGROUND INFORMATION. . . . . . . . . . . . . . . . . . . . . C-1 C.3 TASKS TO BE PERFORMED BY THE CONTRACTOR . . . . . . . . . . . . C-4 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 H.23 RESTRICTION ON USE OF DOL FUNDS FOR LOBBYING. . . . . . . . . . H-10 H.24 PUBLICATION OF MATERIALS. . . . . . . . . . . . . . . . . . . . H-10 H.25 OPTION TO EXTEND THE TERMS OF THE CONTRACT - SERVICE . . . . . . H-10 (FAR 17.208(g)) H.26 INDIRECT COSTS . . . . . . . . . . . . . . . . . . . . . . . . . H-11 PART II - CONTRACT CLAUSES. . . . . . . . . . . . . . . . . . . . . . . I-1 SECTION I - CONTRACT CLAUSES . . . . . . . . . . . . . . . . . . . . . I-1 I.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE . . . I-1 52.202-1 DEFINITIONS OCT 1995. . I-1 52.203-3 GRATUITIES APR 1984. . I-1 52.203-5 COVENANT AGAINST CONTINGENT FEES APR 1984. . I-1 52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO 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 PRINTING/COPYING DOUBLE-SIDED ON JUN 1996. . I-1 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 APR 1998. . I-1 52.216-8 FIXED-FEE MAR 1997. . I-1 52.219-4 NOTICE OF PRICE EVALUATION PREFERENCE JAN 1999. . I-1 FOR HUBZONE SMALL BUSINESS CONCERNS (JAN 1999) 52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE JUL 1996. . I-1 52.219-8 UTILIZATION OF SMALL, SMALL JUN 1999. . I-1 DISADVANTAGED, AND WOMEN-OWNED SMALL BUSINESS CONCERNS 52.222-1 NOTICE TO THE GOVERNMENT OF LABOR FEB 1997. . I-1 DISPUTES 52.222-3 CONVICT LABOR AUG 1996. . I-2 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 52.223-2 CLEAN AIR AND WATER APR 1984. . I-2 52.223-6 DRUG-FREE WORKPLACE JAN 1997. . I-2 52.225-11 RESTRICTIONS ON CERTAIN FOREIGN AUG 1998. . 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) 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 52.232-18 AVAILABILITY OF FUNDS APR 1984. . 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 MAR 1994. . 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 52.217-8 OPTION TO EXTEND SERVICES (AUG 1989) . . . . . . . . I-2 I.3 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT . . . . . . I-3 (MAR 1989) I.4 52.232-25 PROMPT PAYMENT (JUN 1997) . . . . . . . . . . . . . I-3 I.5 52.243-7 NOTIFICATION OF CHANGES (APR 1984) . . . . . . . . . I-9 I.6 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) . . . . I-11 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, (9 . . . . . . 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. . . . . . . J-1 J.7 PAST PERFORMANCE EVALUATION QUESTIONNAIRE (2 PAGES) . . . . . J-1 J.8 CLIENT AUTHORIZATION LETTER (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 52.222-21 PROHIBITION OF SEGREGATED FACILITIES FEB 1999. . K-1 (FEB 1999) K.2 52.204-3 TAXPAYER IDENTIFICATION (OCT 1998) . . . . . . . . . K-1 K.3 52.209-5 CERTIFICATION REGARDING DEBARMENT, SUSPENSION,. . . . K-3 PROPOSED DEBARMENT, AND OTHER RESPONSIBILITY MATTERS (MAR 1996) K.4 52.215-6 PLACE OF PERFORMANCE (OCT 1997) . . . . . . . . . . . K-4 K.5 52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS. . . . . . . . K-5 (MAY 1999) K.6 52.222-22 PREVIOUS CONTRACTS AND COMPLIANCE REPORTS. . . . . . K-6 (FEB 1999) K.7 52.222-25 AFFIRMATIVE ACTION COMPLIANCE (APR 1984). . . . . . K-6 K.8 52.223-1 CLEAN AIR AND WATER CERTIFICATION (APR 1984) . . . . K-7 K.9 52.227-15 STATEMENT OF LIMITED RIGHTS DATA AND . . . . . . . . K-7 RESTRICTED COMPUTER SOFTWARE (MAY 1999) K.10 SIGNATURE BLOCK . . . . . . . . . . . . . . . . . . . . . . . . K-9 SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS. . . . . . L-1 L.1 NOTICE LISTING SOLICITATION PROVISIONS INCORPORATED . . . . . . L-1 BY REFERENCE 52.215-1 INSTRUCTIONS TO OFFERORS--COMPETITIVE OCT 1997. . L-1 ACQUISITION ALTERNATE I (OCT 1997) 52.215-16 FACILITIES CAPITAL COST OF MONEY OCT 1997. . L-1 52.222-24 PREAWARD ON-SITE EQUAL OPPORTUNITY FEB 1999. . L-1 COMPLIANCE EVALUATION L.2 52.204-6 DATA UNIVERSAL NUMBERING SYSTEM (DUNS) NUMBER . . . . L-1 (JUN 1999) L.3 52.216-1 TYPE OF CONTRACT (APR 1984). . . . . . . . . . . . . L-2 L.4 52.233-2 SERVICE OF PROTEST (AUG 1996). . . . . . . . . . . . L-2 L.5 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY . . . . . . . L-3 REFERENCE (FEB 1998) L.6 PAST PERFORMANCE. . . . . . . . . . . . . . . . . . . . . . . . L-3 L.7 ORAL PRESENTATION SECTION . . . . . . . . . . . . . . . . . . . L-4 L.8 SUBMISSION OF PROPOSAL. . . . . . . . . . . . . . . . . . . . . L-8 L.9 REQUEST FOR CLARIFICATION (RFC) . . . . . . . . . . . . . . . . L-11 SECTION M - EVALUATION FACTORS FOR AWARD . . . . . . . . . . . . . . . . M-1 M.1 NOTICE LISTING SOLICITATION PROVISIONS INCORPORATED . . . . . . M-1 BY REFERENCE 52.217-3 EVALUATION EXCLUSIVE OF OPTIONS APR 1984. . M-1 M.2 BASIS FOR AWARD (BEST VALUE) . . . . . . . . . . . . . . . . . . M-1 M.3 EVALUATION CRITERIA . . . . . . . . . . . . . . . . . . . . . . M-2 RFP-DAA 99-60 Section B PART I - THE SCHEDULE SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS SERVICES ORDERED Title: "JOB CORPS HEALTH SUPPORT" The Department of Labor, Employment and Training Administration is soliciting proposals to select a contractor to assist the Office of Job Corps in fulfilling its planning and oversight responsibilities for the Job Corps Health Program. Solicitation No. is RFP-DCS 99-60. The period of performance under this contract shall be twelve (12) calendar months from the date of execution plus four 1-year options at the discretion of the government. The government contemplates the award of a cost reimbursement plus fixed-fee type contract under this solicitation. This solicitation is a 100% Small Business Set-Aside. The SIC code is 8742 with a size standard of $5 million. THE RECEIPT OF PROPOSAL DATE IS OCTOBER 29, 1999 AT 2:00 PM LOCAL TIME. NOTE: THE GOVERNMENT WILL NOT EXTEND THE RECEIPT OF PROPOSAL DATE BEYOND OCTOBER 29, 1999. REQUEST FOR CLARIFICATIONS MUST BE RECEIVED NO LATER THAN 5:00 PM LOCAL TIME OCTOBER 8, 1999. RFP-DAA 99-60 Section C SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK C.1 Purpose The contractor shall assist the Department of Labor, Office of Job Corps, in fulfilling its planning and oversight responsibilities for the Job Corps health program. The contractor shall (1) review and recommend disposition of Job Corps applicants with potential health problems, (2) provide for the monitoring, technical assistance, and review of health services provided or coordinated for students, (3) provide technical training and logistical support to enhance efficient and effective delivery of Job corps health education and services; (4) maintain data and issue reports on health services and significant incidents; (5) assist in the management, development, implementation and assessment of health standards, guidelines, policies and procedures; and (6) conduct special projects as specified by the Federal representative to support the Job Corps program. The contractor is required to coordinate all work to be performed under the terms of the contract with the Job Corps National Office and shall be accountable for compliance with all Federal laws and regulations and agency implementing policies, procedures and directives. The anticipated outcome of the work to be performed is the provision of organized, well-managed, cost-efficient and effective health services for Job Corps students. C.2 BACKGROUND INFORMATION 1. General Job Corps is a major employment and training program designed to address the barriers to employment faced by low income, at-risk young people throughout the United States. The Job Corps program was established by the Economic Opportunity Act of 1964. Authorization was continued under Title IV-B of the Comprehensive Employment and Training Act of 1978 (CETA), then superseded by Title IV-B of the Job Training Partnership Act of 1982 (JTPA) as amended by the Job Training Reform Amendments of 1992. Current authorization for Job Corps is title I-C of the Workforce Investment Act of 1998. The program is nationally administered through the U.S. Department of Labor Employment and Training Administration (ETA), Office of Job Corps, in Washington, D.C. and nine regional offices. Job Corps is designed to assist young people who both need and can benefit from the array of services provided in Job Corps centers. The program is targeted to 16 - 24 year-old youth who face multiple barriers to employment. Job Corps provides a comprehensive mix of services to address these barriers including basic education, occupational exploration, vocational training, work-based learning, social and employability skills training, health care, counseling, and related services, recreation and post program placement support. The aim of the program is to help youth become responsible adults, and to prepare them to obtain employment, or to return to school or further training. Major corporations and nonprofit organizations manage and operate 90 of the 118 Job Corps centers under competitively awarded contracts with the Department of Labor. The Departments of Agriculture and Interior operate 28 Job Corps centers, called civilian conservation centers, on public lands throughout the country under Interagency agreements with the Department of Labor. It is the residential aspect of Job Corps that distinguishes it from other employment and training programs and enables Job Corps to provide a comprehensive array of services in one setting 24 hours a day, seven days a week. Approximately 90% of students are residential; the remainder commute to the center daily to attend classes. Enrollment in Job Corps is voluntary. In general, Job Corps students are healthy. Examples of the most common health deficiencies are dental problems, poor vision, anemia, obesity, unintended pregnancy, and mental/emotional problems including drug and alcohol abuse. About 1 percent of the initial applicants are not accepted for enrollment in the Job Corps program through the applicant screening process due to health problems in accordance with Job Corps policy and guidelines. Approximately 3,500 students are dismissed from the program each year due to physical and/or mental health problems. The primary objective of the Job Corps wellness program is to increase each student's employability by establishing and maintaining the student at a satisfactory health level. This is accomplished through provision or coordination of health care and through preventive health education to instill good wellness habits and prevent avoidable illness, injury and death. Oversight of the Job Corps wellness program is provided by Job Corps National Office health support staff. No Federal health staff are located in Job Corps regional offices. The Job Corps National Office provides oversight and policy direction for the Job Corps wellness program and is responsible for formulating health policy and procedures and for planning, developing, monitoring and assessing center wellness programs. The contractor will maintain a network of part-time medical, nursing, mental health and dental professionals to provide support for Job Corps regional offices and centers as needed. The activities of these health consultants are coordinated by staff of the contractor. The contractor will also subcontract direction with professionals versed in disabilities. The contractor will provide a sufficient number of qualified staff and consultants to carry out fully the tasks described in Section C.3. Anticipated requirements are as follows: Principal Consultants Mental health 2 days/week Dental 1 day/month Other Consultants Medical 12 hours/month Disability As needed Regional Consultants* Medical 1 FTE Nursing 1.5 FTE Mental Health 1.5 FTE Dental .5 FTE *Locations to be determined based on ETA reorganization 2. Center Medical and Dental Services Organizations and agencies that operate Job Corps centers (referred to as center operators) are responsible for the management, coordination and/or provision of services at the centers, including their wellness programs, in accordance with requirements and guidelines issued by the Job Corps National Office. Basic health services are currently provided to students of each center through a wellness program that coordinates medical, dental, and mental health care. Emergency health care is available to students at all times. Detailed written standing orders direct professional and nonprofessional personnel in routine, urgent and emergency procedures. Under current policy and guidelines, every student receives a cursory medical and dental inspection for obvious signs of disease and medical laboratory tests within 48 hours of arrival at a Job Corps center followed by a definitive medical examination within 14 days of entry by the center physician. Students currently receive a complete examination by the center dentist between the 45th and 75th day after entry, but this requirement will be changed to between 60 and 90 days after entry in the new contract. All students receive immunizations in accordance with Job Corps requirements and Centers for Disease Control (CDC) recommendations. Medical problems are identified and treated on an outpatient basis with specialty referrals and hospitalization as necessary. A workgroup composed of representatives of the Job Corps national and regional offices, as well as center health staff, has met to identify potential areas for cost savings in the delivery of health services for Job Corps students. Recommendations made by this group include reducing the scope and coverage of some center-provided health services; requiring students to bring a current record of immunizations when they enroll; pilot testing of management, coordination and/or delivery of center health services by a managed care provider or HMO; and exploring options for providing students with medical and dental insurance. The contractor will be responsible for providing assistance to the Job Corps national office in further refinement and implementation of recommendations of the workgroup. 3. Center Mental Health Services The mental health program emphasizes prevention of mental and emotional illness. Each center's mental health professional conducts staff training; provides consultation to center staff, including administrators, counselors, and residential advisors on general mental health issues; and assists in the planning of a psychologically sound environment for both students and staff. Consultation is also provided in specific problem areas such as alcohol and other drugs or abuse and disruptive sexual behavior. Student counseling, evaluation, and short-term treatment services are provided as necessary. 4. Health Education Program (HEP) A 36-hour health education program is provided for all students. The training deals with subjects of wellness, nutrition, dental health, obtaining health care, sexuality, safety, emotional and social well being, HIV/AIDS, and alcohol and other drug abuse. Instruction is provided by a member of the center education staff, but center nurses and other health personnel often instruct in their subject area. 5. Medical Separation Students who require costly and/or long-term treatment and rehabilitation are referred to agencies and facilities providing those services, and the students are medically separated from the program. Those who may be expected to return within 180 days are given a medical separation with reinstatement rights. Back to Table of Content C.3 TASKS TO BE PERFORMED BY THE CONTRACTOR Task 1: Review and recommend disposition of Job Corps applicants with potential health problems A. Assist in Screening of Applicants Job Corps screening contractors collect information to determine and verify basic eligibility for the program. Eligibility factors are age 16 - 24, low income, and one or more of the following: - basic skills deficient - school dropout - homeless, runaway or foster child - parent - in need of additional education, vocational training or intensive counseling and related assistance in order to participate successfully in regular schoolwork to secure and hold employment. The Workforce Investment Act also includes additional screening requirements which are assessed after a determination of basic eligibility of an applicant has been made. The contractor shall assist Job Corps centers and Regional Offices by assessing and determining final disposition of Job Corps applicants with potential health problems. It is estimated that 2,500 applications nationwide require a health record review each year. The primary technical expert required to fulfill this task is a qualified nursing consultant. Typically he/she will solicit the opinion and advice of the regional medical, mental health or dental consultant in making a disposition recommendation to the Job Corps center or Regional Director. The nurse consultant(s) will be expected to visit the Job Corps Regional Office on a weekly basis to conduct and coordinate a professional review of referred Job Corps applicant health questionnaire forms (ETA 6-53) and other health records to determine final acceptability of applicants with possibly disqualifying medical, dental, and/or mental health conditions which may be beyond those a Job Corps center could reasonably be expected to accommodate. On applicants reviewed and recommended for acceptance by the Regional Office with known medical, dental, or mental health conditions, the nursing consultant will advise Regional Office staff in selection of a Job Corps center to which the applicant should be sent for optional accommodation will call and advise the selected center accordingly. Regional nurse, medical, mental health and dental health consultants shall provide technical assistance on screening to center and Regional Office staff and to Job Corps admissions counselors (ACs). B. Assist Job Corps Regional Offices Through Provisions of Technical Assistance, Review and Evaluation of 1) Health Portion of Center Proposals, 2) Subcontracts to Operate Wellness Programs or Provide Health Services to Centers, and (3) Center Standing Orders (1) Regional health consultants (primarily the nurse consultant) will participate in the technical evaluation of proposals to provide or coordinate center wellness programs and provide expert advice to Regional Office staff evaluating the proposals as required. (2) Regional health consultants will evaluate contracts and subcontracts that provide medical, dental and mental health services for Job Corps students. Such evaluations will be performed on an as-needed basis and at the request of the Regional Director, and prior to the execution of the subcontract. (3) Regional health consultants will review, for approval by the Regional Director, revised center standing orders. (4) Regional health consultants will assist in the review of center requests for emergency funding requests. In addition to the subtasks described above, the health support contractor will supply health consultants as needed to provide or arrange for consultative services to the Regional Offices and all centers to promote productive and effective wellness programs and the education, training, and employability skills development of students. Task 2: Provide for the Monitoring, Technical Assistance, and Assessment of Center Health Services A. Monitor and Assess Job Corps Center Wellness Programs The contractor shall coordinate and monitor regional health consultants in their conducting on-site reviews and assessments of Job Corps center wellness programs. Priorities for site visits are, first, the Regional Office reviews of centers and second, technical assistance visits to center staff and/or consultants. The visit scheduled is based on (1) funds available for regional staff team visits (one or two consultants as needed will join the team to review the center wellness program and relevant areas); (2) assessment of need for visit as determined by previous review findings, regional monitoring visits, etc.; and (3) need for technical assistance to orient new center health providers, outbreaks of disease, and as requested by the Regional Director or regional project manager. Upon completion of Regional Office reviews, regional health consultants (RHCs) will review center corrective action plans and provide advice for the resolution of identified health area deficiencies. RHCs will monitor implementation of center corrective actions during subsequent reviews and will report on the status of the center's corrective actions. Repeat findings will be noted in the review report for Regional Office action, if necessary. Health consultants will follow up on repeat findings which require health expertise during monitoring visits, by phone and/or electronic means to the center, and by discussion with appropriate regional staff. The principal consultants will each make one visit to regional or agency meetings, or to centers and give technical assistance or evaluate programs within their areas of expertise. Upon completion of each visit, the consultant shall complete and submit a written evaluation report in the format and within the time frames specified b the Federal Representative for the contract. B. Assist in Handling Job Corps Medical and Psychiatric Social Services The contractor shall assist the Job Corps National Office, Regional Offices and centers in handling difficult medical and mental health cases and student deaths. The contractor shall provide assistance to centers regarding: (1) Reporting cases to the Office of Workers Compensation Programs, and using third-party payments, health insurance, and community resources to effect cost reductions. (2) The social welfare of participants, including guidance on family planning/reproductive health programs, and referrals for treatment after separation from Job Corps. Task 3: Conduct Training and Capacity Building for Job Corps Center Staff The contractor shall conduct training for Job Corps center health staff as a means of improving the quality and cost effectiveness of the programs and services. The contractor will work with the Job Corps National Office to determine dates and locations for training, and arrange for sleeping and meeting rooms. During the base period of the contract, the following training will be required by the Government and performed by the contractor under this task: A. National Health Conference (during Program Year 2000) Plan and conduct a 2.5 day national health conference to be held for center health staff (nurses, physicians, dentists and/or AODA staff as specified by the Office of Job Corps) and regional health consultants. Topics will cover areas such as cost reductions in delivery of center wellness programs, how center wellness programs can promote student employability and realistic expectations of the workplace, accommodating students with disabilities, etc. B. Disability Sensitivity Training Sessions (Calendar Year 2000) The contractor will plan and conduct three disability meetings to train on issues related to Job Corps' disability protocol such as policy implementation, outreach, reasonable accommodation, and identification of resources. These sessions will include up to 225 participants (approximately 75 for each session). The target audience will be Center Directors and/or Center Director disability designees, outreach and admissions contractor staff, counselors and/or health services administrators, and Regional Office staff. A small work group of up to 10 individuals will be convened by the contractor for a planning session for the disability sessions. C. Regional Health Consultants' Meeting The contractor will plan and conduct a two-day meeting for Regional health consultants. D. Regional Health Meetings The contractor will assist Regional Directors, Regional health consultants and National Office staff in planning, organizing and conducting a 1 or 1.5 day meeting in up to three Regions each year when requested by the Regional Director. E. Other Training Completes training planned and initiated by incumbent contractor. Task 4: Collect and Manage Health-Related Reports and Data and Operate and Manage the Job Corps Significant Incident Reporting (SIR) System A. Health Reports and Data (1) Health management utilization report: The contractor will develop and provide a health management utilization report format for Job Corps centers to maintain for internal management purposes. (2) Health personnel directory: The contractor will provide updated page changes to the center health directory as they occur and provide copies to the Job Corps National Office. (3) HIV Screening Report: the contractor will produce an annual report on HIV screening, including the disposition of students infected with HIV. The contractor will verify data supplied to the Job Corps National Office by the centers on demography of those tested, disposition of positives, including the center's follow-up and case management, and provide technical assistance to centers on reporting. The contractor will abstract and analyze information in the health records of former students, and then return the health records to center. The contractor will draft articles for publication as directed by the Federal Representatives and then return the records to the center. Data will be supplied to CDC on a regular basis as requested. 4. Chlamydia Report: The contractor will collect data supplied by the laboratory which has a contract to process and analyze specimens submitted by centers. The contractor will produce a report by April 15 of each year for the previous calendar year. 5. Medical Separation and Death Reports: The contractor will obtain medical separations and death data from the Job Corps National Office and produce a report by April 15 of each year for the previous calendar year. 6. AODA Semi-Annual Report: The contractor will produce a semi- annual report on drug and alcohol testing in a format specified by the Federal representative. Reports will be produced for the first six months of each program year (July - December) by March 15 and for the second half of each program year (January - June) by September 15. 7. Special Health Services Analysis Reports: The contractor will provide periodic reports on special aspects of the medical, dental, and mental health services, including accommodation of students with disabilities, as requested by the Federal representative. B. Significant Incident Reporting (SIR) System In addition to managing health-related reports and data, the contractor will maintain a database of significant incidents occurring on Job Corps centers. The significant incident reporting (SIR) system will track reports by centers of all significant incidents and their status (i.e. pending or closed). The contractor will also communicate with centers for necessary information to complete SIR reports or submit subsequent reports on pending cases. The contractor will submit the following reports: (1) SIR Status Reports: Each quarter, the contractor will prepare and send a request to each center and its respective operator and Regional Director asking for outstanding reports. This request will be produced within 45 days after the end of each quarter. (2) SIR Data Transfer: Each quarter, the contractor will compile and send a data report of all SIR activity (i.e. medical and other by number and type of SIRs per center) to the SIR Project Officer and the Federal Representative. This report is used by the National Office to analyze trends in significant incidents on centers by geographic area, age of perpetrators and victims, and type of incident. Task 5: Assist in Developing, Implementing, and Evaluating Job Corps Health Standards, Guidelines, Policies, Procedures, and Curricula The contractor shall provide, as requested by the Federal Representative, expertise in the areas of medicine, dentistry, health management and program development, mental health, nursing, accommodation of the disabled, health education, substance abuse and prevention, and other health-related areas beyond the purview or immediate availability of regional consultants. The technical expertise required to fulfill this task will require knowledge, skills, abilities, and advice of qualified health professionals. It is expected that the contractor will primarily use its staff and subcontractors to provide the health expertise required to fulfill this task. Within this task, the contractor may be called upon to (1) conduct current literature review and research, (2) analyze existing data/statistics, and (3) evaluate, update or revise existing materials. During the contract performance period, the following projects will be required by the Government and performed by the contractor under this task: A. Assist the Job Corps National Office in the development, revision, and update of health program publications (Technical Assistance Guides, Program Instructions, etc.) used by Job Corps staff to direct and monitor health services activities. B. Assist the Job Corps National Office in the development of draft PRH change notices, information notices, and program instructions as requested by the Federal representative. C. Assist the Job Corps National Office in developing and delivering materials for all training sessions mentioned under tasks elsewhere in this document. D. Assist the Job Corps National Office in developing a new format for center review and TA visits and reports by health consultants. Task 6: Manage Overall Operations of the Contract This task provides for the contractor's routine administration of the contract. These activities will include, but are not limited to, progress reporting, monitoring task progress and budget, execution of consulting agreements with health consultants, monitoring performance of health consultants and contractor staff, and regular communication with the Job Corps National Office and health consultants. Under this task, the contractor will also provide intermittent clerical coverage of the National Office as requested by the Federal Representative. Task 7: Assist in Accommodating and Assimilating Students with Disabilities This task provides assistance to the National Office on policies and procedures for working with applicants and students with disabilities and training Job Corps staff to work with this population of students. In addition to the disability orientation sessions identified in Task 3, the contractor will: A. Provide information to the Job Corps National Office on laws, regulations, and policies relating to persons with disabilities B. Draft a TAG, directives, and other resource materials to assist staff in working with students with disabilities. C. Develop and maintain databases with disability resource information, facility accessibility data, and information on students with disabilities D. Provide technical assistance to the field, including responding to questions and requests for information related to serving students with disabilities. Task 8. Conduct Special Projects The contractor will conduct special projects that may involve (1) literature reviews, (2) analysis of existing data, (3) collection and analysis of new data, and (4) revision and/or development of systems, activities, projects and training as requested by the Federal Representative. Task 9: Transition (if applicable) During the first month of the contract period, the new contractor will effect a transition of policy, procedures and all relevant materials and records, from the present contractor. Transition will be effected by meetings with the incumbent contractor, discussions with principal consultants and the Federal representative, and making arrangements for transfer of materials, student records, and other documentation from the present to the new location. A report on this task will be sent to the Federal Representative by the 45th day of the new contract period. Back to Table of Content SECTION D - PACKAGING AND MARKING [For this Solicitation, there are NO clauses in this Section] SECTION E - INSPECTION AND ACCEPTANCE E.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE The following contract clauses pertinent to this section are hereby incorporated by reference (by Citation Number, Title, and Date) in accordance with the clause at FAR "52.252-2 CLAUSES INCORPORATED BY REFERENCE" in Section I of this contract. See FAR 52.252-2 for an internet address (if specified) for electronic access to the full text of a clause. NUMBER TITLE DATE 52.246-9 INSPECTION OF RESEARCH AND DEVELOPMENT APR 1984 (SHORT FORM) 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 contract period of performance shall be for a period of twelve (12) calendar months from the date of execution plus four 1-year options at the discretion of the government. F.3 LEVEL OF EFFORT The level of effort for the base year of this contract is estimated at between 18 and 20 professional person-years. The level of effort for each option years shall be equal to the base year plus inflation. The inflationary rate shall be determined by the Bureau of Labor Statistics. 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. The reporting requirements are listed below. If requested by the Project Officer, oral briefings will be held on the deliverables under the reporting requirements. Reporting Requirements TASKS DUE DATES Task 1A - Regional Nurse Monthly Consultant's Screening Summary Report Task 2A - Health consultant report in As specified by format required by Office Contractor/OJC of Job Corps Task 3A and B - Draft report of each Within 15 days of award meeting and its results Task 4A1 - Develop format for use by Within 30 days of award centers Task 4A2 - Update health personnel Monthly directory Task 4A3 - HIV Screening Report February 15, 2000 Semi-Annual August 15, 2000 Task 4A4 - Annual Chlamydia Report September 15, 2000 for PY 1999 Task 4A5 - Annual Separation and October 15, 2000 Death Report For PY 1999 Task 4A/6 - Semi-annual AODA report To June 30, 2000/Aug. 15, 2000 To December 31, 2000/Feb. 14, 2001 Task 4A7 - Special Health Service As requested Task 4B(1) - Significant Incident Within 45 days Status Reports (Quarterly, e.g. August 15 for Within 45 days April - June quarter, etc.) (2) SIR Data transfer Within 45 Days Task 5B(A&B) - Draft PRH Change As requested Notices, Information and Program Notices Task 5C - Training materials for As requested meetings, sessions Task 5D - Consultant report format Within 60 days of award Task 7 - Disability Work Plan Within 60 days of award Back to Table of Content SECTION G - CONTRACT ADMINISTRATION DATA G.1 IDENTITY AND AUTHORITY OF THE CONTRACTING OFFICER'S REPRESENTATIVE (GOVERNMENT AUTHORIZED REPRESENTATIVE) (A) The authorized representative of the Contracting Officer is To Be Determined whose authority to act on behalf of the Contracting Officer is limited to the extent set forth in (B) below. Under no circumstances is the Government Authorized Representative (GAR) authorized to sign any contractual documents or approve any alteration to the contract involving a change in the scope, price, terms or conditions of the contract or order. (B) The Government Authorized Representative is authorized to: (1) Monitor and inspect Contractor's performance to ensure compliance of the scope of work. (2) Make determinations relative to satisfactory or unsatisfactory performance, including acceptance of all work performed and/or all products produced under the terms of the contract. (3) Review and approve invoices. (4) Review and approve Contractor's project staff as may be called for on the contract. (5) Recommend program changes to the Contracting Officer as a result of monitoring or as may be requested by the Contractor. (6) Review, coordinate changes or corrections, if any, and accept all reports (including any final reports) required under the contract. G.2 INVOICE REQUIREMENTS Contractor will prepare and submit proper invoices (as defined in C below) in accordance with the criteria outlined below. (Also, see Clause 52.232-8 "Discount for Prompt Payment", contained in Section I of the contract.): A. (1) If the contract is a cost-reimbursement type contract, the contractor will submit three (3) ink- signed copies of the invoice, Cost Contractor's Invoice, (ETA 3100-1), together with a detailed report of expenditures, Cost Contractor's Detailed Statement of Costs (ETA 3-2), to the Government Authorized Representative (GAR), U.S. Department of Labor, not more frequently than monthly, unless otherwise so authorized in the contract. (2) If the contract is a fixed-price type contract, the contractor may submit SF-1034, Public Voucher, or the equivalent thereto; i.e., contractor's own invoice, in lieu of the forms described in A(l) above. (3) Invoices should be submitted to the individual listed below: To Be Determined U.S. Department of Labor, ETA 200 Constitution Avenue, NW, Room N-5637 Washington, D.C. 20210 B. The Detailed Report of Expenditures (ETA 3-2) submitted with the Invoice (ETA 3100-1) must include the same budget line items or cost categories as appears in the contract, including any modifications thereto. C. To constitute a proper invoice, the invoice, must include the following information and/or attached documentation: (1) Name and address of the Contractor; (2) Invoice date; (3) Contract number or other authorization for supplies delivered or services performed (including order number and contract line item number). (4) Description, quantity, unit of measure, unit price, and extended price of supplies delivered or services performed. (5) Shipping and payment terms (e.g., shipment number and date of shipment, prompt payment discount terms. Bill of lading number and weight of shipment will be shown for shipments on Government bills of lading. (6) Name and address of Contractor official to whom payment is to be sent (must be the same as that in the contract or in a proper notice of assignment). (7) Name (where practicable), title, telephone number and mailing address of person to be notified in event of a defective invoice. (8) Any other information or documentation required by other requirements of the contract. In addition to the above, invoices should be numbered consecutively. All final invoices shall be clearly marked Final Invoice. Back to Table of Content G.3 METHOD OF PAYMENT A. Payments under this contract will be made either by check or electronic funds transfer (through the Treasury Fedline Communications System (FEDLINE) or the Automated Clearing House (ACH)), at the option of the Government. After award, but no later than 14 days before an invoice or contract financing request is submitted, the Contractor shall designate a financial institution for receipt of electronic funds transfer payments. The contractor shall submit this designation to the Contracting Officer or other Government official as directed. B. For payments through FEDLINE, the Contractor shall provide the following information: (1) Name, address, and telegraphic abbreviation of the financial institution receiving payment. (2) The American Bankers Association 9-digit identifying number of the financing institution receiving payment if the institution has access to the Federal Reserve Communications System. (3) Payee's account number at the financial institution where funds are to be transferred. (4) If the financial institution does not have access to the Federal Reserve Communications System, provide the name, address, and telegraphic abbreviation of the correspondent financial institution through which the financial institution receiving payment obtains electronic funds transfer messages. Provide the telegraphic abbreviation and American Bankers Association identifying number for the correspondent institution. C. For payments through ACH, the Contractor shall provide the following information: (1) Routing transit number of the financial institution receiving payment (same as American Bankers Association identifying number used for FEDLINE). (2) Number of account to which funds are to be deposited. (3) Type of depositor account ("C" for checking, "S" for savings). (4) If the Contractor is a new enrollee to the ACH system, a "Payment Information Form," SF 3881, must be completed before payment can be processed. D. In the event the Contractor, during the performance of this contract, elects to designate a different financial institution for the receipt of any payment made using electronic funds transfer procedures, notification of such change and the required information specified above must be received by the appropriate Government official 30 days prior to the date such change is to become effective. E. The documents furnishing the information required in paragraphs B and C above must be dated and contain the signature, title, and telephone number of the Contractor official authorized to provide it, as well as the Contractor's name and contract number. F. Contractor failure to properly designate a financial institution or to provide appropriate payee bank account information may delay payments of amounts otherwise properly due. G. The Contractor shall forward the information required above to: U.S. Department of Labor, ETA Division of Accounting, Room C-5319 200 Constitution Avenue, NW Washington, DC 20210 Back to Table of Content SECTION H - SPECIAL CONTRACT REQUIREMENTS H.1 BUDGET LINE ITEM FLEXIBILITY Flexibility of Direct Costs will be allowed within the Prime Contract Budget, provided no single line item of cost shall be increased or decreased in excess of 20 percent and provided further that the total estimated cost of the Contract is not exceeded. This flexibility of cost does not apply to the wages, salaries and fringe benefits line items (including proposed changes by the Contractor in the mixture, number of hours, wages, and/or bonus or personnel paid under the contract) wherein no increase is permitted without the prior review and approval by the Contracting Officer. In contracts with OPTION TO EXTEND SERVICES provisions, this clause is applicable to each yearly negotiated budget line item amounts, and not the accumulated budget line item totals. H.2 FRINGE BENEFITS Social Security, Worker's Compensation, Unemployment Compensation and any other fringe benefits are a normal practice of the Contractor at the time of final negotiations for this contract and are available to all employees. Fringe benefits from an immediate previous employer which may be continued while employed under this contract are an allowable cost. In no event will duplicate fringe benefits be allowable to an individual under this contract. H.3 VACATIONS, SICK-LEAVE HOLIDAYS The Contractor may grant leave in accordance with its established written policy, provided that policy is accepted by the Contracting Officer or, in the absence of an established policy, leave may be granted as follows: Vacation: Maximum 2 weeks (10 working days) Sick Leave: Maximum 2 weeks (10 working days) Holiday: Maximum of paid holidays Leave shall be accrued at the rate of 5/6 of 1 day per month for each month employed. If the term of this contract is for more than or less than 1 year, the above leave shall be adjusted accordingly. Back to Table of Content H.4 TRAVEL AND PER DIEM Travel policies as set forth in the Travel Regulations referred to below are required of the Contractor and consultants hereunder. Where the Contractor has a more restrictive travel policy than the Federal Travel Regulations, the more restrictive requirements shall apply. It is the responsibility of the Contractor to authorize only such per diem allowances as justified by the circumstances affecting the travel. Care should be exercised to prevent fixing per diem rates in excess of those required to meet the necessary authorized subsistence expenses. To this end, consideration should be given to factors which reduce the expenses of the employee such as: known arrangements at temporary duty locations where lodging and meals may be obtained without cost or at prices advantageous to the traveler; established cost experience in the localities where lodging and meals are required; situations where special rates for accommodations have been made available for a particular meeting or conference; the extent to which the traveler is familiar with establishments providing lodging and meals at a lower cost in certain localities, particularly, where repeated travel is involved; and the use of methods of travel where sleeping accommodations are provided as part of the transportation expenses. All travel shall be at tourist, coach, or less than first class unless itinerary or unavailability dictate otherwise. All temporary duty and local area automobile travel shall be allowed as prescribed by the applicable Travel Regulations. Copies of applicable Travel Regulations can be obtained as follows at a fee: a. Federal Travel Regulations, prescribed by the General Services Administration, for travel in the conterminous 48 United States: Available on a subscription basis from the Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402, Stock No. 022-001-81003-7. b. Joint Travel Regulations, Volume 2, DoD Civilian Personnel, Appendix A, prescribed by the Department of Defense, for travel in Alaska, Hawaii, the Commonwealth of Puerto Rico, and territories and possessions of the United States: Available on a subscription basis from the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402, Stock No. 908-010-00000-1. c. Standardized Regulations, (Government Civilians, Foreign Areas), Section 925, "Maximum Travel Per Diem Allowances for Foreign Areas," prescribed by the Department of State, for travel in areas not covered in 1 and 2 above: Available on a subscription basis from the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402, Stock No. 744-008-00000-0. Back to Table of Content H.5 USE OF AND PAYMENT TO CONSULTANTS (a) Consultant(s) hired to perform under this contract may be compensated at a rate for time actually worked (e.g., amount per day, per week, per month, etc.), or at a fixed price for performance of a specific task, or at nominal compensation in accordance with Contractor's policies. However, for the use and payment to consultant(s) prior written approval must be obtained from the Contracting Officer. (b) The amount or rate of payment will be determined on a case-by- case basis, taking into account (among any other relevant factors) the relative importance of the duties to be performed, the stature of the individual in his specialized field, comparable pay for positions under the Classification Act or other Federal pay systems, rates paid by private employers and rates previously paid other experts or consultants for similar work. (c) The contractor shall maintain a written report for the files on the results on all consultations charged to the contract. This report must include, as a minimum: (1) the consultant's name, dates, hours and amounts charged to the contract; (2) the names of the contractor's staff to whom the services are provided; and (3) the results of the subject matter of the consultation. H.6 UNEMPLOYMENT INSURANCE COST Unemployment insurance costs shall be paid by the contractor as they are incurred. However, in the event billings for Unemployment Insurance costs are received by the contractor after the expiration date of this contract and the billings cover the period that this contract was effective, the Government agrees to reimburse the contractor at the same rate that would have been applicable had the cost been paid as they were incurred. H.7 ACCOUNTING AND AUDITING SERVICES (a) Accounting The contractor may procure and utilize such accounting services as are required to establish and maintain an accounting system which reflect accurate, current and complete financial transactions and which meet the standards of the Comptroller General of the United States and the Department of Labor. (b) Auditing The contractor shall audit or have audited subcontractor financial records as may be required to determine, at a minimum, the fiscal integrity of financial transactions and compliance with laws, regulations and administrative requirements. The U.S. Department of Labor shall be responsible for scheduling all audits of the prime contractor's books, documents, papers and records. The Department will use its own audit resources or shall use certified or public accountants under contract or auditors from another Federal agency. Cost of Accounting Services and Audit of subcontractors as described herein are allowable cost under this contract. Costs for audits for which the U.S. Department of Labor is responsible are unallowable. H.8 PRINTING Unless otherwise specified in this contract, the contractor shall not engage in, nor subcontract for, any printing (as that term is defined in Title 1 of the Government Printing and Binding Regulations in effect on the effective date of this contract) in connection with the performance of work under this contract: provided, however, that performance of a requirement under this contract involving the reproduction of less than 5,000 production units of any one page or less than 25,000 production units in the aggregate of multiple pages, will not be deemed to be printing. A production unit is defined as one sheet, size 8 by 11 inches, one side only, one color. H.9 KEY PERSONNEL The personnel specified below or in attachment to this contract are considered to be essential to the work being performed hereunder. Prior to diverting any of the specified individuals to other programs, the Contractor shall notify the Contracting Officer reasonably in advance and shall submit justification (including proposed substitutions) in sufficient detail to permit evaluation of the impact on the program. No diversion shall be made by the Contractor without the written consent of the Contracting Officer; Provided, that the Contracting Officer may ratify in writing such diversion and such ratification shall constitute the consent of the Contracting Officer required by this clause. The below list or attachment to this contract may be amended from time to time during the course of the contract to either add or delete personnel, as appropriate. For the purpose of this contract, the key personnel positions are identified below as: (not specified) - - - - - Back to Table of Content 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 Acquisition and Assistance, Attention: Division Chief. 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. Back to Table of Content 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. Back to Table of Content H.18 ELIMINATION OF SEXIST LANGUAGE AND ART WORK All written materials issued by the Contractor or grantee shall conform to the following guidelines for eliminating sexist language and art work: (a) Avoid the use of sex reference in job titles. Titles should conform to the Census Bureau's occupational classification system and the most recently published edition of the Dictionary of Occupational Titles. -- Longshore workers instead of longshoremen. (b) Avoid the use of male and female gender word forms. -- Aviator to include men and women pilots, not aviatrix. (c) Include both sexes by using terms that refer to people as a whole. -- Human beings or people instead of mankind. (d) Avoid the use of masculine and feminine pronouns or adjectives in referring to a hypothetical person or people in general. Change sentences such as: The average American worker spends 2 years of his life in the workforce. -- By rewording to eliminate unnecessary gender pronouns and adjectives. (The average American worker spends 20 years in the workforce.) -- By recasting into the plural. (Most Americans spend 20 years of their lives in the workforce.) -- By replacing the masculine or feminine pronoun or adjective with "one", "you", "he or she", "her or him", or his or her". (An average American spends 20 years of his or her life in the workforce.) (e) Refer to both men and women in such generic terms as economist, doctor, or lawyer. Identify sex through the use of pronouns. -- The lawyer made her final summation. (f) Avoid the use of stereotyped terms or expressions such as "man-sized" job. -- Employee-years and employee-hours (or staff-hours) instead of man-years and man-hours. (g) The use of art work in publications should conform to the following guidelines: (i) Strive to use racially and sexually balanced designs. (ii) Depict both men and women in art work on general subject matters. (iii) Show men and women in a variety of roles in photographs, illustrations, and drawings. -- Show women and men as managers and skilled laborers. H.19 HAZARDOUS OCCUPATION ORDERS The Contractor shall comply with the Hazardous Occupation Orders issued pursuant to the Fair Labor Standards Act and set forth at 20 CFR 570.50 et seq. with respect to the employment of youths under 18 years of age and the Child Labor Standards of 29 CFR 570.31 et seq. with respect to the employment of youths aged 14 and 15. Back to Table of Content 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 Longshoremen's and Harbor Workers' Compensation Act (33 U.S.C. 901). B. Occupational Diseases Insurance - As required by applicable law. In any area where all occupational diseases are not compensable under applicable law, insurance for occupational diseases shall be secured under the employer liability section of your insurance policy, minimum per accident $100,000. C. Employer Liability - This insurance is to cover any liability imposed upon an employer, by law, for damages on account of personal injuries, including death resulting therefrom, sustained by his employees by reason of accident. D. General Liability Insurance (Bodily Injury) - This insurance protects the insured against claims arising from bodily injury or death to third parties occurring on it business premises or through its operations except those arising from motor vehicles away from the premises, those covered by any Worker's Compensation law, and other exclusions stated in the policy. The required coverage for bodily injury shall be $200,000 per person and $500,000 per occurrence. E. Automobile Liability - The required coverage is $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage. F. The policies evidencing such insurance as required under this contract shall contain the following endorsement: "No cancellation, termination, or modification of this policy shall take effect prior to the expiration of 35 days after written notice of the cancellation, termination or modification together with suitable identification of the policy and name insured has been sent by registered letter to the Government representative at the address stated below: Name of Contracting Officer: Keith A. Bond Address: USDOL/ETA/DASET/OGCM/DCS 200 Constitution Ave., N.W. Room S-4203 Washington, D.C. 20210 The types and minimum limits reflected above for vehicle insurance shall apply to any vehicle operated or used in connection with performance of official business under this contract. In the event a privately-owned vehicle is used, the Government's share of insurance premiums, including any additional coverage required to conform with the above limits, shall be prorated in accordance with the vehicle's actual use while conducting business under the terms of this contract. Back to Table of Content 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. 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 the contents of this publication do not necessarily reflect the views or policies of the Department of Labor, nor does mention of trade names, commercial products, or organizations imply endorsement of same by the U.S. Government." H.25 OPTION TO EXTEND THE TERMS OF THE CONTRACT - SERVICE (FAR 17.208(g)) 1. The Government may extend the terms of this contract by written notice to the Contractor at least 60 calendar days before the contract expires. This notice does not commit the Government to an extension. 2. If the Government exercises this option, the extended contract shall be considered to include this option provision. 3. The initial period of this contract may be extended by one year, at estimated costs and indirect costs as follows: Option Year Estimated Cost Indirect Cost Total Estimated Cost 1 $.00 $.00 $.00 2 $.00 $.00 $.00 3 $.00 $.00 $.00 4 $.00 $.00 $.00 The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years. 4. Estimated costs, including any indirect costs, for the options years shall be determined at the time of contract execution. Any anticipated deviations from total preestimated option year costs must be presented to the Contracting Officer in writing, with an explanation and justification of the anticipated deviation(s), 10 calendar days after receipt of notice by the contractor of the Government 's intention to exercise the option to extend the term of the contract. No deviations from the total pre-established option years estimated costs shall be permitted without the written consent of the Contracting Officer. Deviations which would increase the total pre-established option year estimated costs by more than 10 percent shall not be permitted under any circumstances. Back to Table of Content H.26 INDIRECT COSTS In order to avoid major audit problems, disallowed costs, and to receive timely reimbursement of indirect costs, contractors/grantees should take those necessary steps to comply with this clause as well as the critical timeframes for submission of indirect cost proposals. You are governed by one of the categories of cost principles listed below. Please comply with your cost principles as appropriate to your organization. (1) Federal Acquisition Regulation (FAR) Subparts 31 and 42 apply to private-for-profit contractors. (2) OMB Circular A-87 applies to state and local governments and Federally-recognized Indian Tribes. States receiving JTPA formula-allocated funds can elect to waive A-87 coverage. (3) OMB Circulars A-21, A-88 and FAR 42.705-3 apply to educational institutions. (4) OMB Circular A-122 applies to nonprofit institutions excluding those addressed in the preceding as well as hospitals. The total amount of contract/grant funds will not be increased to reimburse organizations for higher indirect cost rates than those rates identified in this clause. Also, the contractor/grantee must obtain approval from the Contract/Grant Officer to transfer funds from other budget line items to the indirect cost budget line items to accommodate higher indirect cost rates. The foregoing does not relieve the contractor/grantee of any other administrative cost limitations regarding the contract/grant. Billing rates are only temporary for the 90 days period from the effective date of your contract/grant. Failure to submit an acceptable indirect cost proposal to your cognizant agency for provisional rates within the aforementioned 90-day period means that you shall not receive any further reimbursement of your indirect billing rates until the provisional rate proposal is received. Also, action may be taken to recoup all indirect costs already paid to you. A private-for-profit contractor is to submit an acceptable indirect cost proposal for final rates to its cognizant agency within 90 days after the end of its fiscal year. All other contractors/grantees must submit their final rate proposals within 6 months after the end of their fiscal year. Block 1 or 2 is completed below as appropriate for affected new contracts/grants or modifications. BLOCK 1 Rate category: (check one) Your 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/grant will be based on the lower of the negotiated rates or ceilings. If the Department of Labor (DOL) is your cognizant agency, proposals for indirect cost rates and supporting data and documentation should be sent to the DCD Negotiator in the appropriate DOL Regional Office or if applicable, to the DCD National Office whose address and phone number is listed below. In addition, if you do not know your cognizant Federal agency, please call the phone number listed below: Director, Division of Cost Determination (DCD) U.S. Department of Labor, OASAM 200 Constitution Avenue, N.W., Room S-1506 Washington, D.C. 20210 Tel. (202) 219-8391 (End of Clause) Back to Table of Content 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 PRINTING/COPYING DOUBLE-SIDED ON JUN 1996 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 APR 1998 52.216-8 FIXED-FEE MAR 1997 52.219-4 NOTICE OF PRICE EVALUATION PREFERENCE JAN 1999 FOR HUBZONE SMALL BUSINESS CONCERNS (JAN 1999) 52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE JUL 1996 52.219-8 UTILIZATION OF SMALL, SMALL JUN 1999 DISADVANTAGED, AND WOMEN-OWNED SMALL BUSINESS CONCERNS 52.222-1 NOTICE TO THE GOVERNMENT OF LABOR FEB 1997 DISPUTES 52.222-3 CONVICT LABOR AUG 1996 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 52.223-2 CLEAN AIR AND WATER APR 1984 52.223-6 DRUG-FREE WORKPLACE JAN 1997 52.225-11 RESTRICTIONS ON CERTAIN FOREIGN AUG 1998 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 52.232-18 AVAILABILITY OF FUNDS APR 1984 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 MAR 1994 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 52.217-8 OPTION TO EXTEND SERVICES (AUG 1989) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within the period specified in the Schedule. Back to Table of Content I.3 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 1989) (a) The Government may extend the term of this contract by written notice to the Contractor within 60 provided, that the Government shall give the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension. (b) If the Government exercises this option, the extended contract shall be considered to include this option provision. (c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5. 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. (2) Certain food products and other payments. (i) Due dates on Contractor invoices for meat, meat food products, or fish; perishable agricultural commodities; and dairy products, edible fats or oils, and food products prepared from edible fats or oils are-- (A) For meat or meat food products, as defined in section 2(a)(3) of the Packers and Stockyard Act of 1921 (7 U.S.C. 182(3)), and as further defined in Pub. L. 98-181, including any edible fresh or frozen poultry meat, any perishable poultry meat food product, fresh eggs, and any perishable egg product, as close as possible to, but not later than, the 7th day after product delivery. (B) For fresh or frozen fish, as defined in section 204(3) of the Fish and Seafood Promotion Act of 1986 (16 U.S.C. 4003(3)), as close as possible to, but not later than, the 7th day after product delivery. (C) For perishable agricultural commodities, as defined in section 1(4) of the Perishable Agricultural Commodities Act of 1930 (7 U.S.C. 499a(4)), as close as possible to, but not later than, the 10th day after product delivery, unless another date is specified in the contract. (D) For dairy products, as defined in section 111(e) of the Dairy Production Stabilization Act of 1983 (7 U.S.C. 4502(e)), edible fats or oils, and food products prepared from edible fats or oils, as close as possible to, but not later than, the 10th day after the date on which a proper invoice has been received. Liquid milk, cheese, certain processed cheese products, butter, yogurt, ice cream, mayonnaise, salad dressings, and other similar products, fall within this classification. Nothing in the Act limits this classification to refrigerated products. When questions arise regarding the proper classification of a specific product, prevailing industry practices will be followed in specifying a contract payment due date. The burden of proof that a classification of a specific product is, in fact, prevailing industry practice is upon the Contractor making the representation. (ii) If the contract does not require submission of an invoice for payment (e.g., periodic lease payments), the due date will be as specified in the contract. (3) Contractor's invoice. The Contractor shall prepare and submit invoices to the designated billing office specified in the contract. A proper invoice must include the items listed in paragraph (a)(3)(i) through (a)(3)(viii) of this clause. If the invoice does not comply with these requirements, it shall be returned within 7 days after the date the designated billing office received the invoice (3 days for meat, meat food products, or fish; 5 days for perishable agricultural commodities, edible fats or oils, and food products prepared from edible fats or oils), with a statement of the reasons why it is not a proper invoice. Untimely notification will be taken into account in computing any interest penalty owed the Contractor in the manner described in subparagraph (a)(5) of this clause. (i) Name and address of the Contractor. (ii) Invoice date. (The Contractor is encouraged to date invoices as close as possible to the date of the mailing or transmission.) (iii) Contract number or other authorization for supplies delivered or services performed (including order number and contract line item number). (iv) Description, quantity, unit of measure, unit price, and extended price of supplies delivered or services performed. (v) Shipping and payment terms (e.g., shipment number and date of shipment, prompt payment discount terms). Bill of lading number and weight of shipment will be shown for shipments on Government bills of lading. (vi) Name and address of Contractor official to whom payment is to be sent (must be the same as that in the contract or in a proper notice of assignment). (vii) Name (where practicable), title, phone number, and mailing address of person to be notified in the event of a defective invoice. (viii) Any other information or documentation required by the contract (such as evidence of shipment). (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 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 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. (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. Back to Table of Content I.5 52.243-7 NOTIFICATION OF CHANGES (APR 1984) (a) Definitions. "Contracting Officer," as used in this clause, does not include any representative of the Contracting Officer. "Specificially Authorized Representative (SAR)," as used in this clause, means any person the Contracting Officer has so designated by written notice (a copy of which shall be provided to the Contractor) which shall refer to this subparagraph and shall be issued to the designated representative before the SAR exercises such authority. (b) Notice. The primary purpose of this clause is to obtain prompt reporting of Government conduct that the Contractor considers to constitute a change to this contract. Except for changes identified as such in writing and signed by the Contracting Officer, the Contractor shall notify the Administrative Contracting Officer in writing promptly, within 15 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 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 15 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. Back to Table of Content I.6 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.gsa.gov 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, (9 PAGES) 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 EVALUATION QUESTIONNAIRE (2 PAGES) J.8 CLIENT AUTHORIZATION LETTER (2 PAGES) J.9 ORAL PRESENTATION EVALUATION QUESTIONNAIRE (2 PAGES) Back to Table of Content 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 52.222-21 PROHIBITION OF SEGREGATED FACILITIES FEB 1999 (FEB 1999) K.2 52.204-3 TAXPAYER IDENTIFICATION (OCT 1998) (a) Definitions. Common parent, as used in this provision, means that corporate entity that owns or controls an affiliated group of corporations that files its Federal income tax returns on a consolidated basis, and of which the offeror is a member. Taxpayer Identification Number (TIN), as used in this provision, means the number required by the Internal Revenue Service (IRS) to be used by the offeror in reporting income tax and other returns. The TIN may be either a Social Security Number or an Employer Identification Number. (b) All offerors must submit the information required in paragraphs (d) through (f) of this provision to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by the IRS. If the resulting contract is subject to the payment reporting requirements described in Federal Acquisition Regulation (FAR) 4.904, the failure or refusal by the offeror to furnish the information may result in a 31 percent reduction of payments otherwise due under the contract. (c) The TIN may be used by the Government to collect and report on any delinquent amounts arising out of the offeror's relationship with the Government (31 U.S.C. 7701(c)(3)). If the resulting contract is subject to the payment reporting requirements described in FAR 4.904, the TIN provided hereunder may be matched with IRS records to verify the accuracy of the offeror's TIN. (d) Taxpayer Identification Number (TIN). [ ] TIN:.-------------------------------------------------------- [ ] TIN has been applied for. [ ] TIN is not required because: [ ] Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying agent in the United States; [ ] Offeror is an agency or instrumentality of a foreign government; [ ] Offeror is an agency or instrumentality of the Federal Government. (e) Type of organization. [ ] Sole proprietorship; [ ] Partnership; [ ] Corporate entity (not tax-exempt); [ ] Corporate entity (tax-exempt); [ ] Government entity (Federal, State, or local); [ ] Foreign government; [ ] International organization per 26 CFR 1.6049-4; [ ] Other-------------------------------------------------------- (f) Common parent. [ ] Offeror is not owned or controlled by a common parent as defined in paragraph (a) of this provision. [ ] Name and TIN of common parent: Name------------------------------------------------------------ TIN---------------------------------------------------------------- Back to Table of Content K.3 52.209-5 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, PROPOSED DEBARMENT, AND OTHER RESPONSIBILITY MATTERS (MAR 1996) (a)(1) The Offeror certifies, to the best of its knowledge and belief, that - (i) The Offeror and/or any of its Principals - (A) Are [ ] are not [ ] presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency; (B) Have [ ] have not [ ], within a 3-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, state, or local) contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion or receiving stolen property; and (C) Are [ ] are not [ ] presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in subdivision (a)(1)(i)(B) of this provision. (ii) The Offeror has [ ] has not [ ], within a 3-year period preceding this offer, had one or more contracts terminated for default by any Federal agency. (2) "Principals," for the purposes of this certification, means officers; directors; owners; partners; and, persons having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a subsidiary, division, or business segment, and similar positions). THIS CERTIFICATION CONCERNS A MATTER WITHIN THE JURISDICTION OF AN AGENCY OF THE UNITED STATES AND THE MAKING OF A FALSE, FICTITIOUS, OR FRAUDULENT CERTIFICATION MAY RENDER THE MAKER SUBJECT TO PROSECUTION UNDER SECTION 1001, TITLE 18, UNITED STATES CODE. (b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. (c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible. (d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. (e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default. K.4 52.215-6 PLACE OF PERFORMANCE (OCT 1997) (a) The offeror or respondent, in the performance of any contract resulting from this solicitation, [ ] intends, [ ] does not intend [check applicable block] to use one or more plants or facilities located at a different address from the address of the offeror or respondent as indicated in this proposal or response to request for information. (b) If the offeror or respondent checks "intends" in paragraph (a) of this provision, it shall insert in the following spaces the required information: ------------------------------------------------------------------------ Place of performance (street | Name and address of owner and (street address, city, state, | operator of the plant or facility county, code) | if other than offeror or respondent ------------------------------------------------------------------------ ___________________________________|__________________________________ ___________________________________|__________________________________ ___________________________________|__________________________________ ___________________________________|__________________________________ ___________________________________|__________________________________ ___________________________________|__________________________________ ___________________________________|__________________________________ ___________________________________|__________________________________ ___________________________________|__________________________________ ------------------------------------------------------------------------ Back to Table of Content K.5 52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (MAY 1999) (a)(1) The standard industrial classification (SIC) code for this acquisition is 8742. (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. (c) Definitions. "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. "Women-owned small business concern", as used in this provision, means a small business concern-- (1) Which is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and (2) Whose management and daily business operations are controlled by one or more women. (d) Notice. (1) If this solicitation is for supplies and has been set aside, in whole or in part, for small business concerns, then the clause in this solicitation providing notice of the set-aside contains restrictions on the source of the end items to be furnished. (2) Under 15 U.S.C. 645(d), any person who misrepresents a firm's status as a small, 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. Back to Table of Content K.6 52.222-22 PREVIOUS CONTRACTS AND COMPLIANCE REPORTS (FEB 1999) The offeror represents that-- (a) It [ ] has, [ ] has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; the clause originally contained in Section 310 of Executive Order No. 10925, or the clause contained in Section 201 of Executive Order No. 11114; (b) It [ ] has, [ ] has not filed all required compliance reports; and (c) Representations indicating submission of required compliance reports, signed by proposed subcontractors, will be obtained before subcontract awards. K.7 52.222-25 AFFIRMATIVE ACTION COMPLIANCE (APR 1984) The offeror represents that-- (a) It [ ] has developed and has on file, [ ] has not developed and does not have on file, at each establishment, affirmative action programs required by the rules and regulations of the Secretary of Labor (41 CFR 60-1 and 60-2), or (b) It [ ] has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor. Back to Table of Content K.8 52.223-1 CLEAN AIR AND WATER CERTIFICATION (APR 1984) The Offeror certifies that-- (a) Any facility to be used in the performance of this proposed contract is [ ], is not [ ] listed on the Environmental Protection Agency (EPA) List of Violating Facilities; (b) The Offeror will immediately notify the Contracting Officer, before award, of the receipt of any communication from the Administrator, or a designee, of the EPA, indicating that any facility that the Offeror proposes to use for the performance of the contract is under consideration to be listed on the (EPA) List of Violating Facilities; and (c) The Offeror will include a certification substantially the same as this certification, including this paragraph (c), in every nonexempt subcontract. K.9 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: ___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ Note: "Limited rights data" and "Restricted computer software" are defined in the contract clause entitled "Rights in Data--General." Back to Table of Content K.10 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) Back to Table of Content SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS L.1 NOTICE LISTING SOLICITATION PROVISIONS INCORPORATED BY REFERENCE The following solicitation provisions pertinent to this section are hereby incorporated by reference (by Citation Number, Title, and Date) in accordance with the FAR provision at FAR "52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE" in Section L of this solicitation. See FAR 52.252-1 for an internet address (if specified) for electronic access to the full text of a provision. NUMBER TITLE DATE 52.215-1 INSTRUCTIONS TO OFFERORS--COMPETITIVE OCT 1997 ACQUISITION ALTERNATE I (OCT 1997) 52.215-16 FACILITIES CAPITAL COST OF MONEY OCT 1997 52.222-24 PREAWARD ON-SITE EQUAL OPPORTUNITY FEB 1999 COMPLIANCE EVALUATION L.2 52.204-6 DATA UNIVERSAL NUMBERING SYSTEM (DUNS) NUMBER (JUN 1999) (a) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "DUNS" followed by the DUNS number that identifies the offeror's name and address exactly as stated in the offer. The DUNS number is a nine-digit number assigned by Dun and Bradstreet Information Services. (b) If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one. A DUNS number will be provided immediately by telephone at no charge to the offeror. For information on obtaining a DUNS number, the offeror, if located within the United States, should call Dun and Bradstreet at 1-800-333-0505. The offeror should be prepared to provide the following information: (1) Company name. (2) Company address. (3) Company telephone number. (4) Line of business. (5) Chief executive officer/key manager. (6) Date the company was started. (7) Number of people employed by the company. (8) Company affiliation. (c) Offerors located outside the United States may obtain the location and phone number of the local Dun and Bradstreet Information Services office from the Internet home page at http://email@example.com/. If an offeror is unable to locate a local service center, it may send an e-mail to Dun and Bradstreet at firstname.lastname@example.org. Back to Table of Content L.3 52.216-1 TYPE OF CONTRACT (APR 1984) The Government contemplates award of a Cost Plus Fixed Fee 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 Acquisition and Assistance 200 Constitution Avenue, NW, Room S-4203 Washington, DC 20210 Mailing Address: U.S. Department of Labor, ETA/OGCM Division of Acquisition and Assistance 200 Constitution Avenue, NW, Room S-4203 Washington, DC 20210 (b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO. Back to Table of Content L.5 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): www.gsa.gov 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 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 offerors's past performance. The Government also reserves the right to decide not to contact all of the reference 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 15.301 and 15.306 (d), and will not obligate the Government to determine a competitive range, conduct discussions, or solicit to entertain revised or best and final offerors. 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 Contracting Officer 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 Contracting Officer. 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 Contracting Officer. 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, Contracting Officer, and other representatives of Government. Submission of videotapes or other forms of media containing the presentation for evaluation are not 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 Contracting Officer 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: Introduction. The offeror should provide some information about itself as a firm, briefly describing its organization, history, products and services. (10 minutes) 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) 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) 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, journeyman level qualification requirements, typical journeyman level duties and responsibilities, and estimated average salary or wage (including the value of fringe benefits). 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) 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) Responsibility Assignments. Identify the components of the offeror's organization that will have primary and 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) 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 Contracting Officer 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 15.610. The time required for clarification will not be counted against the offeror's presentation time limit. 7. Government Personnel. Contracting Officer/Contract Specialist 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 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. Immediately before the presentation, the Contracting Officer 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. No audio or video recordings of the presentations will be performed or permitted. Offerors should mark slides in accordance with FAR 52.215-1 (e), Restrictions on Disclosure and Use of Data, as appropriate. Back to Table of Content 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 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 - In accordance with Section L.7, the offeror shall submit, as part of their offer the following: A. A set of overhead transparencies and five (5) paper copies in a sealed package. These transparencies shall be considered in effect, the offerors technical proposal and shall form the basis of the offeror's Oral Presentation. Both the transparencies and the Oral Presentation will be used to evaluate the offeror's Technical Approach. (See Section M.3(A) B. Offerors shall submit an original and three copies of the "Resumes of Key Personnel" (See Section M.3(B); C. Offerors shall submit three copies of relevant past performance information (See Section L.6 and M.3(C). D. Offerors shall submit an original and three copies of the Contractor's Experience with Related Work (See Section M.3(D); E. Offerors shall submit an original and three copies of the Understanding (See Section M.3(E); 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 Exhibit A - Cost and Price Analysis, ETA 8555 (Mar. 1981) (b) One (1) copy of Exhibit B - Statement of Financial Capability, ETA 8554 (Mar. 1981) (c) "One (1) each Accounting System Certification which is a statement certifying that the offeror has an established accounting system with internal controls adequate to safeguard their assets, insure that funds are accounted for by cost categories, check the accuracy and reliability of the accounting data, promote operating efficiency and permit compliance with Government requirements and accounting procedures with respect to Cost Reimbursement types of contracts. The statement shall be executed by a certified public accountant (CPA), licensed public accountant, a bona-fide accounting or audit organization such as Defense Contract Audit Agency (DCAA) or an entity of equivalent status acceptable to the Government." Failure to include the above stated supportive materials with your proposal will be a basis for determination of not 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 of 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 15. An offeror may eliminate a deficiency in its offer only through discussions, as defined in FAR 15 and prescribed in FAR 15. However, the Government intends to award a contract without discussions, as authorized by FAR 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 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 15. The offeror shall complete and submit all certifications included in or attached to this Request for Proposal. The Cost Analysis (Exhibit J.2) and Financial Capability Forms (Exhibit 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). (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. Back to Table of Content L.9 REQUEST FOR CLARIFICATION (RFC) All requests for RFP clarification are due by 5:00 PM Local Time October 8, 1999. Only electronic submission of requests will be accepted. They shall be submitted to Mr. Harry B. Ladson Jr. at HTTP://www.Hladson@DOLETA.GOV. Should any RFC be received after the date stated above, the Government reserves the right not to provide and answer. If, however, in the Government's opinion, the RFC cites an issue of significant importance, the government may provide written responses to all offerors. The Government will not provide any information concerning requests for clarifications in response to telephone calls from Offerors. All requests will be answered electronically and provided to all Offerors at the DOLETA internet site (https://www.doleta.gov). Back to Table of Content SECTION M - EVALUATION FACTORS FOR AWARD M.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 52.217-3 EVALUATION EXCLUSIVE OF OPTIONS APR 1984 M.2 BASIS FOR AWARD (BEST VALUE) The Government intends to evaluate proposals and make award without discussions with offerors. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. Therefore, each offer should contain the best terms from a cost or price and technical standpoint. Offerors will be evaluated by a two-step methodology. The first step will involve the evaluation of the offeror's Individual Staff Experience, Past Performance, Offeror's Experience with Related Work, and Understanding (evaluation factors B, C, D and E). Based on these evaluations a Competitive Range (FAR 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 Technical Approach (evaluation factor A). A cost realism analysis shall be performed for all offerors included in the "competitive range". Contract award will be based on the combined evaluations of the Technical Approach (Oral Presentation), Individual Staff Experience, Past Performance, Offerors Experience With Related Work, Understanding and Cost. The contract resulting from this solicitation will be awarded to the responsible offeror whose offer, conforming to the solicitation, is determined to provide the "best value" to the Government, which may not necessarily be the proposals offering the lowest cost nor receiving the highest technical score. It should be noted that cost is not a numerically weighted factor. Although non-cost factors are significantly more important than cost, cost is an important factor and should be considered when preparing responsive offers (proposals). The importance of cost as an evaluation factor will increase with the degree of equality of the proposals in relation to the remaining evaluation factors. When the offerors within the competitive range are considered essentially equal in terms of technical, past performance and other 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(s) for contract award is to be made, after a careful evaluation of the offers (proposals) received, by a panel of specialists chosen by DOL/ETA. Each panelist will evaluate the proposals for technical acceptability using a range of scores assigned to each factor. The factors are represented 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. Back to Table of Content M.3 EVALUATION CRITERIA The evaluation factors are described below: A. TECHNICAL APPROACH (30 points) The Government will evaluate each offeror's technical approach 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 knowledge of the personnel and subcontractor qualifications necessary to the performance of the work. B. INDIVIDUAL STAFF EXPERIENCE (20 points) This section of the proposal should include sufficient information for judging the quality and competence of staff proposed to be assigned to the project to assure that they meet the required qualifications. Successful performance of the proposed work depends heavily on the qualifications of the individuals committed to this project, and the adequacy of the time commitment for each individual in relation to the specific tasks that they will perform. Accordingly, the Government, in its evaluation of the contractor's proposal, will place considerable emphasis on the contractor's commitment of personnel qualified for the work involved in accomplishing the assigned tasks. The following information must be furnished: 1.The proposed Project Manager; 2.The proposed project organization; 3.The time commitment of all key personnel assigned to the project (the number of hours per month that each individual will devote to the project over its life); 4.The full-time equivalent for each professional person assigned to the project; 5.A resume for each professional person 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 must 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. This section should contain sufficient information for judging the quality and competence of the staff proposed to be assigned to the project. This should include staffing charts listing names, qualifications, and experience of key staff (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. A resume focusing on relevant experience relating to youth offender projects should be included for each professional person assigned to the project. C. CONTRACTOR'S PAST PERFORMANCE (20 Points) This criterion shall represent 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 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, key personnel who have relevant experience, or subcontractors that will perform major or critical aspects of the requirement when such information is relevant to the instant acquisition. Offerors without relevant past performance history or for whom information on past performance is not available, 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 EXPERIENCE WITH RELATED WORK (15 points) This section of the proposal shall identify and describe the previous experience and effectiveness of the contractor in similar or related work to demonstrate the contractor's current capacity to provide the services offered; the contractor's management plan for the project; and the strength of the contractor's support for this project. Contractors shall discuss the relationship of their firm's previous experience to the work proposed under this contract. The following information shall be included: 1. The identity of the principal clients served in performing similar or related work; the general nature and scope of that work; and the results achieved. The contractor shall include a representative synopsis listing previous projects relevant to this RFP. Each project synopsis shall include: (a) The organization for whom the work was done; (b) A contact person in that organization with their current phone number; (c) The dollar value of the contract for the project; (d) The time frame and professional effort involved in the project; (e) The Project Manager and other key personnel assigned to the project; and (f) A brief summary of the work performed by the contractor on the project; significant accomplishments; and any problems encountered, corrective actions taken, and the outcome. E. UNDERSTANDING (15 points) This section of the proposal should demonstrate the offerors' understanding of the following: (1) Clear evidence of the offeror's knowledge of the Job Corps program; its purpose, target group served and delivery system; and general knowledge of Job Corps residential, education, vocational education, wellness and placement programs and the relevance of health services to students' employability. (2) Clear evidence of the offeror's knowledge of other federally funded programs -- HHS health programs, ADA, Medicaid, OWCP, JTPA and WIA programs, and related programs. (3) Clear evidence of the offeror's experience with health services and health policy development and analysis, and demonstrated ability to communicate effectively with representatives of the public and private sectors, medical professionals and at-risk youth. (Limit: 10 pages) COST REALISM 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). Please be advised that an offeror's proposed price that is materially below the Government's estimate could indicate a lack of understanding of the requirement. Such a proposed price could also indicate a significant risk that the offeror may have difficulty in performing the requirement, adversely, impacting contract performance. 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 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.