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 hladson@doleta.gov
________________________________________________________________________________
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://www.customerservice@dnb.com/. If an offeror is unable to
locate a local service center, it may send an e-mail to Dun and
Bradstreet at globalinfo@mail.dnb.com.
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 (HTTP://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.
