The U.S. Department of Labor, Employment and Training Administration
(DOL/ETA) is soliciting
proposals to provide actuarial support for the Office of Workforce Security
in the areas of trust fund forecasting and profiling technical assistance to
States, budget and legislative analysis, and producing statistical
reports.
You are invited to submit a proposal/bid in accordance with the
requirements of the following Solicitation:
[ X ] Request for Proposal, [ ] Invitation for Bid.
Proposals/Bids must be received by the Government no later than
the local time on the Due Date stated in the table below. Potential
offerors/bidders are asked to complete and submit a proposal/bid
intent form .
See Section L (Section C if SF 1449 is used) for proposal/bid instructions
.
ALL AMENDMENTS TO THIS SOLICITATION WILL BE MADE AVAILABLE THROUGH
GOVERNMENT HOMEPAGE AT http://www.doleta.gov/sga/rfp.cfm.
IT IS THE OFFEROR'S RESPONSIBILITY TO CHECK THIS SITE PERIODICALLY
FOR OFFICIAL UPDATES/AMENDMENTS TO THE SOLICITATION.
Offerors are encouraged to read the entire Solicitation by scrolling
downward. The Solicitation includes all pertinent technical sections
imbedded in the document as well as the terms, conditions and instructions
required for submitting a proposal. For your convenience, the pertinent
technical sections of the Solicitation have also been linked directly
below in (WordProcessing format and Adobe PDF format):
Back to Table of Contents
Table of Contents
C.1 INTRODUCTION
C.2 BACKGROUND
C.3 SCOPE OF WORK
C.4 PROJECT TASKS
C.5 WORK SITE AND GOVERNMENT-FURNISHED FACILITIES
[FOR THIS SOLICITATION, THERE ARE NO CLAUSES IN THIS
SECTION]
E.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE
F.1 PERIOD OF PERFORANCE
F.2 LEVEL OF EFFORT
F.3 REPORTS AND DELIVERABLES
F.4 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE
G.1 IDENTITY AND AUTHORITY OF THE CONTRACTING OFFICER'S
REPRESENTATIVE (GOVERNMENT AUTHORIZED REPRESENTATIVE)
G.2 INVOICE REQUIREMENTS
G.3 METHOD OF PAYMENT
H.1 BUDGET LINE ITEM FLEXIBILITY
H.2 FRINGE BENEFITS
H.3 VACATIONS, SICK-LEAVE HOLIDAYS
H.4 TRAVEL AND PER DIEM
H.5 USE OF AND PAYMENT TO CONSULTANTS
H.6 UNEMPLOYMENT INSURANCE COST
H.7 ACCOUNTING AND AUDITING SERVICES
H.8 PRINTING
H.9 KEY PERSONNEL
H.10 CONTRACT NUMBER IDENTIFICATION
H.11 SUBMISSION OF CORRESPONDENCE
H.12 OTHER CONTRACTORS
H.13 LAWS APPLICABLE
H.14 DISPOSITION OF MATERIAL
H.15 NONDISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITIES
H.16 FEDERAL REPORTS
H.17 DISCLOSURE OF CONFIDENTIAL INFORMATION
H.18 ELIMINATION OF SEXIST LANGUAGE AND ART WORK
H.19 HAZARDOUS OCCUPATION ORDERS
H.20 INSURANCE REQUIREMENTS (FAR-SUBPART 28.3)
H.21 DATA COLLECTION FOR THE DEPARTMENT OF LABOR
H.22 PERFORMANCE STANDARDS
H.23 RESTRICTION ON USE OF DOL FUNDS FOR LOBBYING
H.24 PUBLICATION OF MATERIALS
H.25 OPTION TO EXTEND THE TERMS OF THE CONTRACT - SERVICE
(FAR 17.208(G))
H.26 INDIRECT COSTS
I.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE
I.2 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT
(MAR 2000)
I.3 52.232-25 PROMPT PAYMENT (FEB 2002) ALTERNATE I
(FEB 2002)
I.4 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
J.1 CONTRACT PRICING PROPOSAL COVER SHEET, SF 1411, (1
PAGE)
J.2 COST AND PRICE ANALYSIS, ETA 8555, (8 PAGES)
J.3 STATEMENT OF FINANCIAL CAPABILITY, ETA 8554, (2 PAGES)
J.4 COST CONTRACTOR'S INVOICE, ETA 3100-1 (1 PAGE)
J.5 COST CONTRACTOR'S DETAILED STATEMENT OF COST, ETA 3-2
J.6 VETS-100 - FEDERAL CONTRACTOR VETERANS EMPLOYMENT REPORT,
J.7 PAST PERFORMANCE EVALUATION QUESTIONNAIRE (2 PAGES)
J.8 PAST PERFORMANCE REFERENCE INFORMATION SHEET (2 PAGES)
K.1 NOTICE LISTING SOLICITATION PROVISIONS INCORPORATED
BY REFERENCE
K.2 52.204-3 TAXPAYER IDENTIFICATION (OCT 1998)
K.3 52.209-5 CERTIFICATION REGARDING DEBARMENT, SUSPENSION,
PROPOSED DEBARMENT, AND OTHER RESPONSIBILITY MATTERS (DEC 2001)
K.4 52.215-6 PLACE OF PERFORMANCE (OCT 1997)
K.5 52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (APR
2002)
K.6 52.222-22 PREVIOUS CONTRACTS AND COMPLIANCE REPORTS
(FEB 1999)
K.7 52.222-25 AFFIRMATIVE ACTION COMPLIANCE (APR 1984)
K.8 52.227-15 STATEMENT OF LIMITED RIGHTS DATA AND RESTRICTED
COMPUTER SOFTWARE (MAY 1999)
K.9 SIGNATURE BLOCK
L.1 NOTICE LISTING SOLICITATION PROVISIONS INCORPORATED
BY REFERENCE
L.2 PAST PERFORMANCE
L.3 SUBMISSION OF PROPOSAL
L.4 REQUEST FOR CLARIFICATION (RFC)
L.5 52.204-6 DATA UNIVERSAL NUMBERING SYSTEM (DUNS) NUMBER
(JUN 1999)
L.6 52.216-1 TYPE OF CONTRACT (APR 1984)
L.7 52.227-6 ROYALTY INFORMATION (APR 1984)
L.8 52.233-2 SERVICE OF PROTEST (AUG 1996)
L.9 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE
(FEB 1998)
L.10 SPECIAL REQUIREMENTS
M.1 NOTICE LISTING SOLICITATION PROVISIONS INCORPORATED
BY REFERENCE
M.2 BASIS FOR AWARD (BEST VALUE)
M.3 EVALUATION CRITERIA AND BASIS FOR AWARD (BEST VALUE)
M.4 DETERMINING BEST OVERALL VALUE
PART I - THE SCHEDULE
SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS
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SERVICES ORDERED
Title: "UI Actuarial Support"
The Department of Labor, Employment
and Training Administration (DOL/ETA), is soliciting proposals to select a contractor
to provide actuarial support for the Office of Workforce Security for trust
fund forecasting and profiling technical assistance to States, budget and legislative
analysis, and producing statistical reports.
Solicitation No. is RFP-DCS-03-20.
Period of Performance is twelve
(12) months from the date of contract execution by the government, plus four
1-year options to extend at the discretion of the government.
The North American Industry Classification
System Code is 541612, with a $6 million size standard.
A cost reimbursement type contract
is contemplated for this requirement.
Closing time and date are June
20, 2003 at 2:00 p.m., local time.
The incumbent contractor under
this solicitation is St. Louis and Associates, of Tempe, Arizona, under Contract Number M-6968-8-00-97-30.
The contract was awarded on August 11, 1998,
in the amount of $334,014. The total amount awarded under this contract was
$1,298,217, inclusive of options.
REQUESTS FOR CLARIFICATION (RFC)
MUST BE RECEIVED NO LATER THAN 5:00
PM LOCAL TIME MAY 29, 2003.
Requests for Clarification and offerors interested in networking
and/or being placed on a bidders list for the above referenced RFP, pleased
provide the Name and Address of Organization; Telephone; and Point of Contact.
This information is to be submitted electronically to Ms. Vera Montague at montague.vera@dol.gov,
by 2:00 p.m., May
22, 2003. Only electronic submission of requests will be accepted. Should
any RFC be received after the date stated above, the Government reserves the
right not to provide an answer. If, however, the Government determines that
the RFC raises an issue of significant importance, the government will respond
electronically.
The Government will not provide any information concerning
requests for clarifications in response to telephone calls from offerors. All
requests will be answered electronically and will be available to all offerors
at http://www.doleta.gov/sga/rfp.cfm
and www.fedbizopps.gov.
Please be advised that it is the
sole responsibility of the offeror to continually view the website for any amendments
to this solicitation.
SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK
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C.1 INTRODUCTION
The U. S. Department of Labor, Employment and Training Administration (DOL\ETA)
is soliciting proposals to select a contractor to provide actuarial support
for Office of Workforce Security in the areas of trust fund forecasting and
profiling technical assistance to States, budget and legislative analysis, and
producing statistical reports.
C.2 BACKGROUND
The Unemployment Insurance (UI) system, as established by the Social Security
Act of 1935, is a unique Federal-state system grounded in Federal law, but executed
in its relationship to the employer and to the unemployed worker through state
law. Federal law provides the broad parameters for the program and individual
state laws establish specific financing and benefit payment structures.
The Office of Workforce Security (OWS) of the U.S. Department of Labor is the
Federal partner in the system. Its role is one of overall oversight and coordination,
including ensuring conformity of state laws to Federal requirements, measurement
of state performance, and providing for the administrative expenses of the program.
The Division of Fiscal and Actuarial Services (DFAS) of the OWS has several
responsibilities in the UI system. Some of the most important are: providing
technical assistance to states on benefit financing and profiling, producing
budget and legislative estimates and analyses, monitoring Federal trust fund
accounts, providing for administrative financing, and providing statistical
and analytical support for OWS initiatives.
C.3 SCOPE OF WORK
The objective of this project is to provide the DFAS needed support in carrying
out its responsibilities. The contractor for this project would assist the DFAS
in two major areas.
The major area is technical assistance to State Workforce Agencies (SWAs). A
large part of the technical assistance is in the area of benefit financing.
Since the 1970s, trust fund solvency has been an ongoing concern in the UI system.
In theory, UI tax systems are designed to build up reserves in good economic
times in order to pay benefits when unemployment is high. In practice, many
states do not have adequate reserves and some are forced to borrow from the
Federal loan fund even in relatively mild recessions. About three-fourths of
the states have borrowed at one time or another, including seven states in the
mild recession of the early 1990s. At least that many may borrow in the current
recessionary period.
The ongoing solvency concerns of the UI system make it important for the DFAS
to be active in this area. A key activity is to make available to the SWAs a
trust fund simulation model called the State Benefit Financing Model. This model
is maintained and supported in the National Office by the DFAS and is currently
used by about one-third of the states. The DFAS also works closely with states
that request assistance in designing new tax structures or experience rating
systems, either with or without use of the Benefit Financing Model. A third
aspect of benefit financing technical assistance to states is the presentation
of periodic Benefit Financing Seminars to introduce state actuarial staff to
benefit financing concepts and trust fund forecasting techniques.
A second type of technical assistance to states is to assist states in the development
and maintenance of profiling models. All states are required to profile their
UI claimants in order to identify potential UI exhaustees and provide them reemployment
services early in their UI spells. This is most often accomplished through the
use of a statistical model, which uses various claimant characteristics to predict
the probability of benefit exhaustion. When requested, DFAS works closely with
states to develop and/or update these models. Profiling has become an area of
renewed emphasis as a result of the President’s proposal to provide Personal
Reemployment Accounts as an alternative to UI to those claimants most likely
to exhaust.
A third type of technical assistance is the provision of training in quantitative
methods and profiling methods to state staff. The quantitative methods training
gives state staff information, instruction and hands-on experience in basic
regression and forecasting techniques that are applicable to UI actuarial work,
data analysis, and research. Similarly, the profiling methods training gives
state staff information and experience in the specific statistical procedures
used in profiling models. In the past, both types of training have been provided
via periodic seminars at a designated training site. The relative unavailability
of travel funds has limited participation in recent years. DFAS is interested
in exploring other methods of training delivery -- in particular, various types
of distance learning -- that would make this more accessible and effective with
a substantially similar level of resources.
The second major area in which the contractor will assist the DFAS is in its
role at the national level. This role includes making estimates and doing analyses
for budget and legislative purposes, monitoring Federal trust fund account activity
and solvency, providing data analysis in support of Government Performance and
Results Act (GPRA) goals and in support of OWS initiatives, forecasting state
workloads to allocate administrative funds, compiling and analyzing various
UI indicators, and disseminating data to the public.
At least twice a year, the DFAS is responsible for updating all estimates and
projections of UI benefit outlays, revenues, workloads, and administrative outlays
in conjunction with the Federal budget process. The DFAS is also responsible
for making estimates of the cost and revenue impact of proposed law changes
being considered by the Congress or the Administration. Currently, DFAS is working
on the Administration’s UI Reform proposal and possible changes to the Temporary
Extended Unemployment Compensation (TEUC) program. To make these estimates and
projections, the DFAS employs a number of computer models and spreadsheets,
ranging from simple to complex. These models require continual monitoring, maintenance,
and enhancements. One model that currently needs major development work is the
model to estimate costs for TEUC and other future third-tier extended benefit
programs.
Another area of work involves doing data analysis related to various UI indicators
including solvency measures, recipiency rates and wage replacement rates that
may be used to establish performance measures and goals. DFAS has a major role
in developing, calculating and analyzing measures of trust fund adequacy such
as the Average High Cost Multiple. DFAS is also responsible for estimating the
amount of FUTA collections by state and compiling and analyzing comparisons
of collections to amounts returned to states.
All of the administrative costs of the UI system, both state and Federal, are
funded by the Federal unemployment tax. The DFAS is responsible for developing
the overall administrative budget as well as for allocating the available funds
equitably among the states. A key component of the annual allocation process
is to forecast several key workload items by state. The DFAS puts a great deal
of time and effort into using the best available statistical forecasting techniques
for this purpose and to making forecasts on a consistent basis across states.
DFAS is also responsible for providing various estimates and projections to
be used in the annual and quarterly Department of Labor Financial Statements.
These include projecting disbursements, estimating accrued benefit payments,
and simulating the impact of various recession scenarios on balances in the
Unemployment Trust Fund.
C.4 PROJECT TASKS
Trust Fund Forecasting Technical Assistance
1. The contractor shall provide support to SWAs in the task of forecasting UI
trust fund balances using the State Benefit Financing Model. This task entails
developing and maintaining various UI related regression equations used in the
simulation models, modeling new state UI laws, collecting and setting up numerous
input data files, running simulations under various economic scenarios, and
providing technical support to state users. This task also entails providing
support to Federal staff in the DFAS, in such areas as updating and improving
existing state models, and updating user guides and other documentation, as
necessary.
2. The contractor shall support the DFAS in producing two or three one-week
Benefit Financing Seminars during the project period, for approximately twenty-five
participants from SWAs. Topics will include: UI cost and revenue forecasting,
UI tax structures, experience rating, measuring trust fund solvency, and basic
statistical methods. The contractor shall provide all training materials, computer
equipment, software and supplies. Contract staff shall prepare presentations
jointly with Federal staff. The Contracting Officer=s Technical Representative
(COTR) will determine seminar dates and specific course content.
Profiling Model Technical Assistance
3.The contractor shall assist DFAS in providing technical assistance and support to states and Regional Offices in developing, implementing, maintaining and updating statistical models or characteristic screening systems for identifying claimants likely to exhaust benefits and in need of reemployment services. Technical assistance will be performed either via telephone or on-site, as determined by the COTR. Technical assistance will include: identifying and analyzing state data sources and elements, determining model specifications and estimating model coefficients, developing system specifications, in coordination with state staff, for integrating the econometric model into existing UI software systems and for interfacing with identified data sources, and assisting Regional Office staff in reviewing and assessing state profiling systems.
Quantitative Methods and Profiling Methods Training
4. The contractor shall analyze alternative training delivery methods and produce
a plan for providing training to SWA staff in quantitative methods and profiling
methods. Delivery methods considered should include traditional seminars, various
forms of distance learning, various forms of web-based training, and other methods
identified by the contractor. The plan should include options, cost estimates,
and an implementation schedule.
The quantitative methods training is provided for the purpose of improving the
general quantitative analysis skills of UI personnel in state offices. The content
of this training will consist of modules at three levels: 1) modules in introductory
statistics, including descriptive statistics, correlation, hypothesis testing,
distribution analysis, and variance and error measurement; 2) modules in regression
analysis, including significance testing, model building techniques, regression
diagnostics, problems encountered in Ordinary Least Squares, varying functional
forms, and lagged variables; and 3) modules in forecasting methodologies, including
time series analysis, auto-regressive moving average techniques, forecasting
in regression analysis, and measuring forecast error. The training will emphasize
hands-on learning using up-to-date statistical software.
The profiling methods training will include topics such as: identification of
profiling variables, use of characteristic screens, building logistic regression
models, techniques for overcoming statistical problems, and monitoring models.
The training will emphasize hands-on learning using up-to-date statistical software.
5. The contractor shall either produce 5-7 one-week Quantitative Methods and
Profiling Methods Seminars during the project period, for approximately twenty
participants from SWAs, or provide training on the same topics via distance
learning methods at roughly the same overall cost. The COTR will make the determination
on what training methods to use. If classroom training is chosen, the exact
agenda of each seminar may vary according to the needs of state personnel as
determined by the COTR. The COTR will be responsible for the announcement and
scheduling of each seminar and the selection of all participants. The contractor
shall provide all training materials, equipment, software and supplies and arrange
for facilities and lodging.
Budget and Legislative Analysis
6. The contractor shall develop, monitor, maintain and improve a model to make
projections of costs and workloads for third-tier extended benefits programs
such as the current TEUC program. The model must include, at a minimum, the
following features: multiple trigger mechanisms with and without lookbacks,
varying benefit duration and multiple tiers of duration, reachbacks, different
types of interaction with the EB program, benefit phaseouts and cutoffs, and
ability to simulate different economic scenarios. Links must be made to other
models and systems that either provide input or use the results. The model must
be documented and equations must be updated annually.
7. The contractor shall maintain, monitor and improve computer models used to
make Federal budget and legislative estimates. In particular, the contractor
will have responsibility for the revenue and state loan model, which makes state-by-state
projections of tax rates, fund balances, loans, etc. Other models include the
NEWMAN regular benefits model, the national workload model, and the extended
benefit model. The contractor shall review and assess alternative techniques
and methodologies for modeling and projecting key UI program variables. All
model changes must be documented.
8. The contractor shall work with Federal staff to make annual three-year-ahead
forecasts of state workloads, using the best available statistical methods,
for the purpose of developing Resource Justification Model submissions and for
allocating the base administrative budget. The contractor shall assist in determining
what methods should be used and how they should be applied such that all states
are treated equitably in the process.
Reports
9. The contractor shall prepare a quarterly publication, the UI Data Summary,
which provides a detailed comparison of the status of states with respect to
unemployment rates, benefit payment activities, revenues, and trust fund reserves.
The publication shall be made available both in hard copy and on the OWS website.
The contractor shall maintain and document routines used to extract data, manipulate
data, and produce the report. The contractor shall respond to requests for data
related to this report or other UI data from researchers, Congressional staff,
etc.
10. The contractor shall publish official five-year UI projections and Federal
and state trust fund account status in the UI Outlook. These projections are
updated twice a year in conjunction with the Federal budget process. The publication
shall be made available both in hard copy and on the OWS website. Routines and
spreadsheets must be documented.
11. The contractor shall produce annual estimates of the amounts of FUTA taxes
paid by employers in each state and compile data on the amounts returned to
the states for administration and benefits. The contractor shall publish these
data in a form determined by the COTR.
12. The contractor shall compute annually, or more frequently as required, state
fund adequacy measures such as the Average High Cost Multiple and perform analyses
of these measures as required. The contractor shall publish these data in a
form determined by the COTR.
C.5 WORK SITE AND GOVERNMENT-FURNISHED FACILITIES
Except for training seminars, the work on this project will be located on-site
at the Office of Workforce Security of the Employment and Training Administration
in Washington, D.C., to facilitate coordination with OWS staff and access to
the UI database and to computer networks and equipment. Some travel may be necessary.
The Government will furnish each individual assigned to the contract proper
identification to facilitate entry and departure from Government buildings as
deemed necessary by the COTR. The Government will provide the office space,
furniture, supplies, equipment, and other support, as necessary, to complete
project tasks within specified timeframes. The contractor may purchase, with
Government approval, personal computers and software for use on this project.
Ownership will revert to the Government upon termination of the contract. The
Government will also provide access to the appropriate computer systems and
databases necessary to perform the tasks under this contract.
C.6. Special Requirements
The contractor shall be required to provide the necessary personnel to accomplish
each task listed above. The key personnel positions and their required time
commitment are listed as follows:
Project Director (10%)
Project Manager (100%)
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SECTION D - PACKAGING AND MARKING
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[FOR THIS SOLICITATION, THERE ARE NO CLAUSES IN THIS SECTION]
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SECTION E - INSPECTION AND ACCEPTANCE
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E.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE
The following contract clauses pertinent to this section are hereby incorporated
by reference (by Citation Number, Title, and Date) in accordance with the clause
at FAR "52.252-2 CLAUSES INCORPORATED BY REFERENCE" in Section I of
this contract. See FAR 52.252-2 for an internet address (if specified) for electronic
access to the full text of a clause.
NUMBER TITLE DATE
52.246-5 INSPECTION OF APR 1984
SECTION F - DELIVERIES OR PERFORMANCE
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F.1 PERIOD OF PERFORANCE
The period of performance shall be twelve (12) months from the date of contract
execution, plus four 1-year options to extend at the discretion of the government.
F.2 LEVEL OF EFFORT
The level of effort for this project between 3 and 3.2 professional personal
years. The level of effort for each option period is equal to the base year
plus inflation. The inflation rate will be determined by the Bureau of Labor
Statistics.
F.3 REPORTS AND DELIVERABLES
DELIVERABLE SCHEDULE
Due dates for the various tasks enumerated in the Statement of Work are as follows:
Trust Fund Forecasting Technical Assistance
1.Work is ongoing. Due dates depend in part on state requests and are to be negotiated with Federal staff.
2.The dates for the Benefit Financing Seminar will be set by the COTR, at least four months in advance. It is expected that seminars will be held in March 2004 and March 2006.
Profiling Model Technical Assistance
3.Work is ongoing. Due dates depend in part on state requests and are to be determined by the COTR.
Quantitative Methods and Profiling Methods Training
4.The training plan will be completed within six months of the effective data of this contract.
5.Seminar dates will be set by the COTR, at least four months in advance. It is expected that at least one seminar will be held each year. If some type of distance learning is used, due will be determined by the COTR.
Budget and Legislative Analysis
6.The model will be completed within twenty-four months of the effective date of this contract. Thereafter, annual updates will be made by December 1.
7.Work is ongoing. Due dates are to be determined by the COTR.
8.The workload forecasts are produced once each year and are to be completed by December 31.
Reports
9. The UI Outlook is to be published on the dates of the official release of
budget data by the Office of Management and Budget, usually February 3 and July
15.
10. The UI Data Summary is to be published within eight weeks of the end of
each quarter, or within three weeks after all data becomes available, whichever
is later.
11. The data is to be published by September 1 each year.
12. The data is to be published by March 1 each year.
In addition, the contractor will submit to the COTR, at the time the monthly
invoice is submitted, a monthly status report for each month of the contract.
This report will include a description of work performed during the most recent
month, work to be performed in the upcoming month, and the current status of
the various tasks.
The contractor shall be responsible for submission of reports and deliverables
as described in Section C.4 of the solicitation.
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F.4 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
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52.242-15 STOP-WORK ORDER AUG 1989
ALTERNATE I (APR 1984)
SECTION G - CONTRACT ADMINISTRATION DATA
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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:
TBD
U.S. Department of Labor, ETA
200 Constitution Avenue, NW, Room TBD
Washington, D.C. 20210
B. The Detailed Report of Expenditures (ETA 3-2) submitted with the Invoice
(ETA 3100-1) must include the same budget line items or cost categories as appears
in the contract, including any modifications thereto.
C. To constitute a proper invoice, the invoice, must include the following information
and/or attached documentation:
(1) Name and address of the Contractor;
(2) Invoice date;
(3) Contract number or other authorization for supplies delivered or services
performed (including order number and contract line item number).
(4) Description, quantity, unit of measure, unit price, and extended price of
supplies delivered or services performed.
(5) Shipping and payment terms (e.g., shipment number and date of shipment,
prompt payment discount terms. Bill of lading number and weight of shipment
will be shown for shipments on Government bills of lading.
(6) Name and address of Contractor official to whom payment is to be sent (must
be the same as that in the contract or in a proper notice of assignment).
(7) Name (where practicable), title, telephone number and mailing address of
person to be notified in event of a defective invoice.
(8) Any other information or documentation required by other requirements of
the contract.
In addition to the above, invoices should be numbered consecutively. All final
invoices shall be clearly marked Final Invoice.
G.3 METHOD OF PAYMENT
A. Payments under this contract will be made either by check or electronic funds
transfer (through the Treasury Fedline Communications System (FEDLINE) or the
Automated Clearing House (ACH)), at the option of the Government. After award,
but no later than 14 days before an invoice or contract financing request is
submitted, the Contractor shall designate a financial institution for receipt
of electronic funds transfer payments. The contractor shall submit this designation
to the Contracting Officer or other Government official as directed.
B. For payments through FEDLINE, the Contractor shall provide the following
information:
(1) Name, address, and telegraphic abbreviation of the financial institution
receiving payment.
(2) The American Bankers Association 9-digit identifying number of the financing
institution receiving payment if the institution has access to the Federal Reserve
Communications System.
(3) Payee's account number at the financial institution where funds are to be
transferred.
(4) If the financial institution does not have access to the Federal Reserve
Communications System, provide the name, address, and telegraphic abbreviation
of the correspondent financial institution through which the financial institution
receiving payment obtains electronic funds transfer messages. Provide the telegraphic
abbreviation and American Bankers Association identifying number for the correspondent
institution.
C. For payments through ACH, the Contractor shall provide the following information:
(1) Routing transit number of the financial institution receiving payment (same
as American Bankers Association identifying number used for FEDLINE).
(2) Number of account to which funds are to be deposited.
(3) Type of depositor account ("C" for checking, "S" for
savings).
(4) If the Contractor is a new enrollee to the ACH system, a "Payment Information
Form," SF 3881, must be completed before payment can be processed.
D. In the event the Contractor, during the performance of this contract, elects
to designate a different financial institution for the receipt of any payment
made using electronic funds transfer procedures, notification of such change
and the required information specified above must be received by the appropriate
Government official 30 days prior to the date such change is to become effective.
E. The documents furnishing the information required in paragraphs B and C above
must be dated and contain the signature, title, and telephone number of the
Contractor official authorized to provide it, as well as the Contractor's name
and contract number.
F. Contractor failure to properly designate a financial institution or to provide
appropriate payee bank account information may delay payments of amounts otherwise
properly due.
G. The Contractor shall forward the information required above to:
U.S. Department of Labor, ETA
Division of Accounting, Room N-4702
200 Constitution Avenue, NW
Washington, DC 20210
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SECTION H - SPECIAL CONTRACT REQUIREMENTS
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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H.9 KEY PERSONNEL
The personnel specified below or in attachment to this contract are considered
to be essential to the work being performed hereunder. Prior to diverting any
of the specified individuals to other programs, the Contractor shall notify
the Contracting Officer reasonably in advance and shall submit justification
(including proposed substitutions) in sufficient detail to permit evaluation
of the impact on the program. No diversion shall be made by the Contractor without
the written consent of the Contracting Officer; Provided, that the Contracting
Officer may ratify in writing such diversion and such ratification shall constitute
the consent of the Contracting Officer required by this clause. The below list
or attachment to this contract may be amended from time to time during the course
of the contract to either add or delete personnel, as appropriate.
For the purpose of this contract, the key personnel positions are identified
below as:
- Project Manager
- Project Director
-
-
-
-
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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.
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H.11 SUBMISSION OF CORRESPONDENCE
All correspondence relating to contractual aspects shall be directed to the
Division of Contract Services, Attention: Contracting Officer.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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/DAA
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.
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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.
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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.
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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.
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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 N/A 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."
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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.
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H.26 INDIRECT COSTS
In order to avoid major audit problems, disallowed costs, and to receive timely
reimbursement of indirect costs, contractors should take those necessary steps
to comply with this clause as well as the critical timeframes for submission
of indirect cost proposals.
You are governed by one of the categories of cost principles listed below. Please
comply with your cost principles as appropriate to your organization. (1) Federal
Acquisition Regulation (FAR) Subparts 31 and 42 apply to private-for-profit
contractors. (2) OMB Circular A-87 applies to state and local governments and
Federally-recognized Indian Tribes. States receiving JTPA formula-allocated
funds can elect to waive A-87 coverage. (3) OMB Circulars A-21, A-88 and FAR
42.705-3 apply to educational institutions. (4) OMB Circular A-122 applies to
nonprofit institutions excluding those addressed in the preceding as well as
hospitals.
The total amount of contract funds will not be increased to reimburse organizations
for higher indirect cost rates than those rates identified in this clause. Also,
the contractor must obtain approval from the Contracting Officer to transfer
funds from other budget line items to the indirect cost budget line items to
accommodate higher indirect cost rates.
The foregoing does not relieve the contractor of any other administrative cost
limitations regarding the contract.
Billing rates are only temporary for the 90 days period from the effective date
of your contract. Failure to submit an acceptable indirect cost proposal to
your cognizant agency for provisional rates within the aforementioned 90-day
period means that you shall not receive any further reimbursement of your indirect
billing rates until the provisional rate proposal is received. Also, action
may be taken to recoup all indirect costs already paid to you.
A private-for-profit contractor is to submit an acceptable indirect cost proposal
for final rates to its cognizant agency within 90 days after the end of its
fiscal year. All other contractors must submit their final rate proposals within
6 months after the end of their fiscal year.
Block 1 or 2 is completed below as appropriate for affected new contracts or
modifications.
BLOCK 1
Rate category: (check one) Your rates and bases are:
Billing Overhead
Provisional Base:
Final (And, if applicable)
See Attached Agreement General and Admin.
Other (Explain) Base:
Effective from to or if multi-year, please explain here:
BLOCK 2
(For special indirect cost ceilings)
Special percent ceiling is % for (usually overhead) and if applicable, % for
General and Administrative. Base:
OR
Special dollar ceiling is $ for (usually overhead) and if applicable, $ for
General and Administrative. Base:
Effective from to or if multi-year, please explain here:
If applicable for ceilings, please describe here any situation whereby the bases
in Block 2 above differ from the bases in Block 1 above. Also, the maximum reimbursement
for indirect costs under this contract will be based on the lower of the negotiated
rates or ceilings.
If the Department of Labor (DOL) is your cognizant agency, proposals for indirect
cost rates and supporting data and documentation should be sent to the Office
of Cost Determination (OCD) Negotiator in the appropriate DOL Regional Office
or if applicable, to the OCD National Office whose address and phone number
is listed below. In addition, if you do not know your cognizant Federal agency,
please call the phone number listed below:
Director, Division of Cost Determination (DCD)
U.S. Department of Labor, OASAM
200 Constitution Avenue, N.W., Room S-1513
Washington, D.C. 20210
Tel. (202) 693-4106
(End of Clause)
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PART II - CONTRACT CLAUSES
SECTION I - CONTRACT CLAUSES
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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 DEC 2001
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
52.203-7 ANTI-KICKBACK PROCEDURES JUL 1995
52.203-8 CANCELLATION, RESCISSION, AND RECOVERY JAN 1997
52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR JAN 1997
52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE JUN 1997
52.204-4 PRINTED OR COPIED DOUBLE-SIDED AUG 2000
52.209-6 PROTECTING THE GOVERNMENT'S INTEREST JUL 1995
52.215-2 AUDIT AND RECORDS--NEGOTIATION JUN 1999
52.215-8 ORDER OF PRECEDENCE--UNIFORM CONTRACT OCT 1997
52.216-7 ALLOWABLE COST AND PAYMENT DEC 2002
52.216-8 FIXED-FEE MAR 1997
52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE JUL 1996
52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS OCT 2000
52.219-14 LIMITATIONS ON SUBCONTRACTING DEC 1996
52.222-1 NOTICE TO THE GOVERNMENT OF LABOR FEB 1997
52.222-3 CONVICT LABOR AUG 1996
52.222-21 PROHIBITION OF SEGREGATED FACILITIES FEB 1999
52.222-26 EQUAL OPPORTUNITY APR 2002
52.222-35 EQUAL OPPORTUNITY FOR SPECIAL DISABLED DEC 2001
52.222-36 AFFIRMATIVE ACTION FOR WORKERS WITH JUN 1998
52.222-37 EMPLOYMENT REPORTS ON SPECIAL DISABLED DEC 2001
52.222-38 COMPLIANCE WITH VETERANS' EMPLOYMENT DEC 2001
52.223-6 DRUG-FREE WORKPLACE MAY 2001
52.225-13 RESTRICTIONS ON CERTAIN FOREIGN JUL 2000
52.227-1 AUTHORIZATION AND CONSENT JUL 1995
52.227-2 NOTICE AND ASSISTANCE REGARDING PATENT AUG 1996
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
52.233-1 DISPUTES JUL 2002
52.233-3 PROTEST AFTER AWARD AUG 1996
52.242-1 NOTICE OF INTENT TO DISALLOW COSTS APR 1984
52.242-3 PENALTIES FOR UNALLOWABLE COSTS MAY 2001
52.242-4 CERTIFICATION OF FINAL INDIRECT COSTS JAN 1997
52.242-13 BANKRUPTCY JUL 1995
52.243-2 CHANGES--COST REIMBURSEMENT AUG 1987
52.244-2 SUBCONTRACTS AUG 1998
52.244-5 COMPETITION IN SUBCONTRACTING DEC 1996
52.244-6 SUBCONTRACTS FOR COMMERCIAL ITEMS MAY 2002
52.246-25 LIMITATION OF LIABILITY--SERVICES FEB 1997
52.248-1 VALUE ENGINEERING FEB 2000
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 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)
(a) The Government may extend the term of this contract by written notice to
the Contractor within 60; provided that the Government gives the Contractor
a preliminary written notice of its intent to extend at least 60 days days before
the contract expires. The preliminary notice does not commit the Government
to an extension.
(b) If the Government exercises this option, the extended contract shall be
considered to include this option clause.
(c) The total duration of this contract, including the exercise of any options
under this clause, shall not exceed 5.
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I.3 52.232-25 PROMPT PAYMENT (FEB 2002) ALTERNATE I (FEB 2002)
Notwithstanding any other payment clause in this contract, the Government will
make invoice payments under the terms and conditions specified in this clause.
The Government considers payment as being made on the day a check is dated or
the date of an electronic funds transfer (EFT). Definitions of pertinent terms
are set forth in sections 2.101, 32.001, and 32.902 of the Federal Acquisition
Regulation. All days referred to in this clause are calendar days, unless otherwise
specified. (However, see paragraph (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 paragraphs (a)(2) and (c) of this clause, the due
date for making invoice payments by the designated payment office is the later
of the following two events:
(A) The 30th day after the designated billing office receives a proper invoice
from the Contractor (except as provided in paragraph (a)(1)(ii) of this clause).
(B) The 30th day after Government acceptance of supplies delivered or services
performed. For a final invoice, when the payment amount is subject to contract
settlement actions, acceptance is deemed to occur 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
is the 30th day after the date of the Contractor's invoice, provided the designated
billing office receives a proper invoice and there is no disagreement over quantity,
quality, or Contractor compliance with contract requirements.
(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.
(2) Contractor's invoice. The Contractor shall prepare and submit invoices to
the designated billing office specified in the contract. A proper invoice must
include the items listed in paragraphs (a)(3)(i) through (a)(3)(x) of this clause.
If the invoice does not comply with these requirements, the designated billing
office will return it within 7 days after receipt (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), with
the reasons why it is not a proper invoice. The Government will take into account
untimely notification when computing any interest penalty owed the Contractor.
(i) Name and address of the Contractor.
(ii) Invoice date and invoice number. (The Contractor should 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,
discount for prompt payment 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 notify in the event of a defective invoice.
(viii) Taxpayer Identification Number (TIN). The Contractor shall include its
TIN on the invoice only if required elsewhere in this contract.
(ix) Electronic funds transfer (EFT) banking information.
(A) The Contractor shall include EFT banking information on the invoice only
if required elsewhere in this contract.
(B) If EFT banking information is not required to be on the invoice, in order
for the invoice to be a proper invoice, the Contractor shall have submitted
correct EFT banking information in accordance with the applicable solicitation
provision (e.g., 52.232- 38, Submission of Electronic Funds Transfer Information
with Offer), contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer--Central
Contractor Registration, or 52.232-34, Payment by Electronic Funds Transfer--Other
Than Central Contractor Registration), or applicable agency procedures.
(C) EFT banking information is not required if the Government waived the requirement
to pay by EFT.
(x) Any other information or documentation required by the contract (e.g., evidence
of shipment).
(3) Interest penalty. The designated payment office will pay an interest penalty
automatically, 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, the designated payment office may make payment
on the following working day without incurring a late payment interest penalty.
(i) The designated billing office received a proper invoice.
(ii) The Government processed a receiving report or other Government documentation
authorizing payment, and there was no disagreement over quantity, quality, or
Contractor compliance with any contract term or condition.
(iii) In the case of a final invoice for any balance of funds due the Contractor
for supplies delivered or services performed, the amount was not subject to
further contract settlement actions between the Government and the Contractor.
(4) Computing penalty amount. The Government will compute the interest penalty in accordance with the Office of Management and Budget prompt payment regulations at 5 CFR part 1315.
(i) For the sole purpose of computing an interest penalty that might be due
the Contractor, Government acceptance is deemed to occur constructively on the
7th day (unless otherwise specified in this contract) after the Contractor delivers
the supplies or performs 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. If actual acceptance occurs within the
constructive acceptance period, the Government will base the determination of
an interest penalty 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 prompt payment regulations at 5 CFR 1315.10(c) do not require the Government
to pay interest penalties if payment delays are 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. The Government and the Contractor shall resolve
claims involving disputes and any interest that may be payable in accordance
with the clause at FAR 52.233-1, Disputes.
(5) Discounts for prompt payment. The designated payment office will pay an interest penalty automatically, without request from the Contractor, if the Government takes a discount for prompt payment improperly. The Government will calculate the interest penalty in accordance with the prompt payment regulations at 5 CFR part 1315.
(6) Additional interest penalty.
(i) The designated payment office will pay a penalty amount, calculated in accordance
with the prompt payment regulations at 5 CFR part 1315 in addition to the interest
penalty amount only if--
(A) The Government owes an interest penalty of $1 or more;
(B) The designated payment office does not pay the interest penalty within 10
days after the date the invoice amount is paid; and
(C) The Contractor 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) The Contractor shall support written demands for additional penalty
payments with the following data. The Government will not request any additional
data. The Contractor 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 is
due; and
(3) State that payment of the principal has been received, including the date
of receipt.
(B) If there is no postmark or the postmark is illegible--
(1) The designated payment office that receives the demand will annotate it
with the date of receipt, provided the demand is received on or before the 40th
day after payment was made; or
(2) If the designated payment office fails to make the required annotation,
the Government will determine the demand's validity based on the date the Contractor
has placed on the demand, provided such date is no later than the 40th day after
payment was made.
(iii) 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 payment. If this contract provides for contract financing,
the Government will make contract financing payments in accordance with the
applicable contract financing clause.
(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.
(d) Overpayments. If the Contractor becomes aware of a duplicate payment or
that the Government has otherwise overpaid on an invoice payment, the Contractor
shall immediately notify the Contracting Officer and request instructions for
disposition of the overpayment.
(e) Invoices for interim payments. For interim payments under this cost-reimbursement
contract for services--
(1) Paragraphs (a)(2), (a)(3), (a)(4)(ii), (a)(4)(iii), and (a)(5)(i) do not
apply;
(2) For purposes of computing late payment interest penalties that may apply,
the due date for payment is the 30th day after the designated billing office
receives a proper invoice; and
(3) The contractor shall submit invoices for interim payments in accordance
with paragraph (a) of FAR 52.216-7, Allowable Cost and Payment. If the invoice
does not comply with contract requirements, it will be returned within 7 days
after the date the designated billing office received the invoice.
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I.4 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
This contract incorporates one or more clauses by reference, with the same force
and effect as if they were given in full text. Upon request, the Contracting
Officer will make their full text available. Also, the full text of a clause
may be accessed electronically at this/these address(es):
http://www.arnet.gov/far
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PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS
SECTION J - LIST OF ATTACHMENTS
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J.1 CONTRACT PRICING PROPOSAL COVER SHEET, SF 1411, (1 PAGE)
J.2 COST AND PRICE ANALYSIS, ETA 8555, (8 PAGES)
J.3 STATEMENT OF FINANCIAL CAPABILITY, ETA 8554, (2 PAGES)
J.4 COST CONTRACTOR'S INVOICE, ETA 3100-1 (1 PAGE)
J.5 COST CONTRACTOR'S DETAILED STATEMENT OF COST, ETA 3-2
(1 PAGE)
J.6 VETS-100 - FEDERAL CONTRACTOR VETERANS EMPLOYMENT REPORT,
OMB 1293-0005 (2 PAGES)
J.7 PAST PERFORMANCE EVALUATION QUESTIONNAIRE (2 PAGES)
J.8 PAST PERFORMANCE REFERENCE INFORMATION SHEET (2 PAGES)
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PART IV - REPRESENTATIONS AND INSTRUCTIONS
SECTION K - REPRESENTATIONS, CERTIFICATIONS AND
OTHER STATEMENTS OF OFFERORS
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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
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 ____________________________________________________
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K.3 52.209-5 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, PROPOSED DEBARMENT,
AND OTHER RESPONSIBILITY MATTERS (DEC 2001)
(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 three-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.
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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
-----------------------------------------------------------------------
__________________________________|____________________________________
__________________________________|____________________________________
__________________________________|____________________________________
__________________________________|____________________________________
__________________________________|____________________________________
__________________________________|____________________________________
__________________________________|____________________________________
__________________________________|____________________________________
__________________________________|____________________________________
-----------------------------------------------------------------------
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K.5 52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (APR 2002)
(a)(1) The North American Industry Classification System (NAICS) code for this
acquisition is-- 541618.
(2) The small business size standard is 6 million [average annual receipts for
3 preceding fiscal yrs].
(3) The small business size standard for a concern which submits an offer in
its own name, other than on a construction or service contract, but which proposes
to furnish a product which it did not itself manufacture, is 500 employees.
(b) Representations. (1) The offeror represents as part of its offer that it
[ ] is, [ ] is not a small business concern.
(2) (Complete only if the offeror represented itself as a small business concern
in paragraph (b)(1) of this provision.) The offeror represents, for general
statistical purposes, that it [ ] is, [ ] is not, a small disadvantaged business
concern as defined in 13 CFR 124.1002.
(3) (Complete only if the offeror represented itself as a small business concern
in paragraph (b)(1) of this provision.) The offeror represents as part of its
offer that it [ ] is, [ ] is not a women-owned small business concern.
(4) [Complete only if the offeror represented itself as a small business concern
in paragraph (b)(1) of this provision.] The offeror represents as part of its
offer that it [ ] is, [ ] is not a veteran-owned small business concern.
(5) [Complete only if the offeror represented itself as a veteran-owned small
business concern in paragraph (b)(4) of this provision.] The offeror represents
as part of its offer that it [ ] is, [ ] is not a service-disabled veteran-owned
small business concern.
(6) [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--
(i) It [ ] is, [ ] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material change in ownership and control, principal office, or HUBZone employee percentage has occurred since it was certified by the Small Business Administration in accordance with 13 CFR part 126; and
(ii) It [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (b)(6)(i) of this provision is accurate for the HUBZone small business concern or concerns that are participating in the joint venture. [The offeror shall enter the name or names of the HUBZone small business concern or concerns that are participating in the joint venture:____________.] Each HUBZone small business concern participating in the joint venture shall submit a separate signed copy of the HUBZone representation.
(c) Definitions. As used in this provision--
Service-disabled veteran-owned small business concern--
(1) Means a small business concern-- (i) Not less than 51 percent of which is
owned by one or more service-disabled veterans or, in the case of any publicly
owned business, not less than 51 percent of the stock of which is owned by one
or more service-disabled veterans; and
(ii) The management and daily business operations of which are controlled by
one or more service-disabled veterans or, in the case of a veteran with permanent
and severe disability, the spouse or permanent caregiver of such veteran.
(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2),
with a disability that is service-connected, as defined in 38 U.S.C. 101(16).
Small business concern, as used in this provision, means a concern, including
its affiliates, that is independently owned and operated, not dominant in the
field of operation in which it is bidding on Government contracts, and qualified
as a small business under the criteria in 13 CFR Part 121 and the size standard
in paragraph (a) of this provision.
Veteran-owned small business concern means a small business concern--
(1) Not less than 51 percent of which is owned by one or more veterans (as defined
at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less
than 51 percent of the stock of which is owned by one or more veterans; and
(2) The management and daily business operations of which are controlled by
one or more veterans.
Women-owned small business concern, as used in this provision, means a small
business concern--
(1) That is at least 51 percent owned by one or more women; or in the case of
any publicly owned business, at least 51 percent of the stock of which is owned
by one or more women; and
(2) Whose management and daily business operations are controlled by one or
more women.
(d) Notice. (1) If this solicitation is for supplies and has been set aside,
in whole or in part, for small business concerns, then the clause in this solicitation
providing notice of the set-aside contains restrictions on the source of the
end items to be furnished.
(2) Under 15 U.S.C. 645(d), any person who misrepresents a firm's status as
a small, HUBZone small, small disadvantaged, or women- owned small business
concern in order to obtain a contract to be awarded under the preference programs
established pursuant to section 8(a),8(d), 9, or 15 of the Small Business Act
or any other provision of Federal law that specifically references section 8(d)
for a definition of program eligibility, shall--
(i) Be punished by imposition of fine, imprisonment, or both;
(ii) Be subject to administrative remedies, including suspension and debarment;
and
(iii) Be ineligible for participation in programs conducted under the authority
of the Act.
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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.
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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.
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K.8 52.227-15 STATEMENT OF LIMITED RIGHTS DATA AND RESTRICTED COMPUTER SOFTWARE
(MAY 1999)
(a) This solicitation sets forth the work to be performed if a contract award
results, and the Government's known delivery requirements for data (as defined
in FAR 27.401). Any resulting contract may also provide the Government the option
to order additional data under the Additional Data Requirements clause at 52.227-16
of the FAR, if included in the contract. Any data delivered under the resulting
contract will be subject to the Rights in Data--General clause at 52.227-14
that is to be included in this contract. Under the latter clause, a Contractor
may withhold from delivery data that qualify as limited rights data or restricted
computer software, and deliver form, fit, and function data in lieu thereof.
The latter clause also may be used with its Alternates II and/or III to obtain
delivery of limited rights data or restricted computer software, marked with
limited rights or restricted rights notices, as appropriate. In addition, use
of Alternate V with this latter clause provides the Government the right to
inspect such data at the Contractor's facility.
(b) As an aid in determining the Government's need to include Alternate II or
Alternate III in the clause at 52.227-14, Rights in Data--General, the offeror
shall complete paragraph (c) of this provision to either state that none of
the data qualify as limited rights data or restricted computer software, or
identify, to the extent feasible, which of the data qualifies as limited rights
data or restricted computer software. Any identification of limited rights data
or restricted computer software in the offeror's response is not determinative
of the status of such data should a contract be awarded to the offeror.
(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."
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K.9 SIGNATURE BLOCK
I, the undersigned, do hereby attest that all representations and certifications
made in this Section K are true.
Also, I, the undersigned, am aware of the penalties prescribed in 18 U.S. Code
1001 for making false statements in offers; and I am legally authorized to bind
the company or organization represented.
__________________________________________ _____________
(Signature) (Date)
__________________________________________
(Typed or Printed Name)
__________________________________________
(Title)
__________________________________________
(Solicitation Number)
__________________________________________
(Name of Company/Organization Represented)
__________________________________________
(Address, including Zip Code)
_______________________________________
(Telephone Number, including Area Code)
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SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES
TO OFFERORS
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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-COMPETITIVEMAY 2001 ACQUISTION
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L.2 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
PLEASE NOTE: Offerors are to use Attachment J.8 - Past Performance Reference
Information when providing this information.
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 offeror's past performance. The Government also
reserves the right to decide not to contact all of the references provided by
the offeror. Names of individuals providing reference information about an offeror's
past performance shall not be disclosed. Offerors are advised to provide the
correct point of contact and telephone numbers of past performance references.
L.3 SUBMISSION OF PROPOSAL
(A) - General Instructions:
Each offeror must submit an offer (proposal) and other written information 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 will be submitted as outlined in their
respective parts.
Legible copies are acceptable. (All copies shall be ink-signed.)
Part 2 - Technical Proposal. Offerors shall submit an original and four copies
of their technical proposal (technical approach, resumes of all "professional
personnel," and relevant past performance information). See Sections L.2
and M.3 (A, B, and C.)
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)
taken by a proposer to any provisions of this Request for Proposals or any condition
placed upon a proposal may result in a finding of not acceptable. Only one proposal
may be submitted by each respondent.
Part 3 - A detailed Business Management Proposal as further outlined in the
below instructions and consisting of:
(a) Three (3) copies of Attachment J.2 - Cost and Price Analysis, ETA 8555 (Mar.
1981);
(b) One (1) copy of Attachment J.3 - Statement of Financial Capability, ETA
8554 (Mar. 1981);
(c) One (1) each Accounting System Certification which is a statement certifying
that the offeror has an established accounting system with internal controls
adequate to safeguard their assets, insure that funds are accounted for by cost
categories, check the accuracy and reliability of the accounting data, promote
operating efficiency and permit compliance with Government requirements and
accounting procedures with respect to Cost Reimbursement types of contracts.
The statement shall be executed by a certified public accountant (CPA), licensed
public accountant, a bona-fide accounting or audit organization such as Defense
Contract Audit 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: Parts 1, 2, and 3 should be sealed in separate envelopes and included
in one master package. The RFP number and related Part numbers outlined above,
if applicable, must be shown in the upper left hand corner of each of the envelopes
as well as the master package.
The Government warns offerors that taking exception to any term or condition
of the RFP (including submitting any alternative proposal that requires a relaxation
of a requirement), will make an offer unacceptable, and the offeror ineligible
for award, unless the RFP expressly authorizes such an exception with regard
to that specific term or condition. The Government will consider any exception
to a term or condition of the RFP that is not expressly authorized by the RFP
to be a deficiency, as defined in FAR Part 15.
An offeror may eliminate a deficiency in its offer only through discussions,
as defined and prescribed in FAR Part 15. However, the Government intends to
award a contract without discussions, as authorized by FAR Part 15. Therefore,
any offeror planning to take exception to a term or condition of the RFP should
consult with the Contracting Officer prior to submitting and offer, unless the
RFP expressly authorizes such an exception.
Not withstanding its plan to award without discussions, the Government reserves
the right to conduct technical and cost discussions with offers in a competitive
range, if necessary, and to permit such offerors to revise their proposals.
The government also reserves the right to change any terms and conditions of
their RFP by amendment at any time prior to contract award and to allow offerors
to revise their offers accordingly, as authorized by FAR Part 15.
The offeror shall complete and submit all certifications included in or attached
to this Request for Proposal.
The Cost Analysis (Attachment J.2) and Financial Capability Forms (Attachment
J.3) support information shall be augmented as follows:
Offerors are required to submit cost proposals fully supported by cost and pricing
data adequate to establish the reasonableness of the proposed costs.
1. Most current published annual balance sheet and profit or loss statement.
2. The offeror shall furnish a total cost breakdown utilizing the enclosed cost
and price analysis form.
(a) Include the backup data to support the type of labor and estimated numbers
of hours within each category.
(b) Include a breakdown of the amount estimated for travel including destination,
duration, purpose and cost (per diem and transportation).
(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.
Consultants: Persons who are members of a particular profession or posses a
special skill and who are not officers or employees of the contractor.
L.4 REQUEST FOR CLARIFICATION (RFC)
All Requests For Clarification (RFC) must be received no later than 5:00 p.m.
local time, May 22, 2003.
Only electronic submission of requests will be accepted. They shall be submitted
to Ms. Vera Montague at montague.vera@dol.gov. Should any RFC be received after
the date stated above, the Government reserves the right not to provide an answer.
If, however, the Government determines that the RFC raises an issue of significant
importance, the government will respond electronically.
The Government will not provide any information concerning requests for clarifications
in response to telephone calls from offerors. All requests will be answered
electronically and will be available to all offerors at the DOLETA Internet
site (http://www.doleta.gov/sga/rfp.cfm).
Please be advised that it is the sole responsibility of the offeror to continually
view the website for any amendments to this solicitation.
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L.5 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.
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L.6 52.216-1 TYPE OF CONTRACT (APR 1984)
The Government contemplates award of a (Cost Plus Fixed Fee) contract resulting
from this solicitation.
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L.7 52.227-6 ROYALTY INFORMATION (APR 1984)
(a) Cost or charges for royalties. When the response to this solicitation contains
costs or charges for royalties totaling more than $250, the following information
shall be included in the response relating to each separate item of royalty
or license fee:
(1) Name and address of licensor.
(2) Date of license agreement.
(3) Patent numbers, patent application serial numbers, or other basis on which
the royalty is payable.
(4) Brief description, including any part or model numbers of each contract
item or component on which the royalty is payable.
(5) Percentage or dollar rate of royalty per unit.
(6) Unit price of contract item.
(7) Number of units.
(8) Total dollar amount of royalties.
(b) Copies of current licenses. In addition, if specifically requested by the
Contracting Officer before execution of the contract, the offeror shall furnish
a copy of the current license agreement and an identification of applicable
claims of specific patents.
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L.8 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
Contracting Officer
Hand-Carried Address:
U.S. Department of Labor, ETA/OGCM
Division of Contract Services
200 Constitution Avenue, NW
Room S-4203
Washington DC 20210
Mailing Address:
U.S. Department of Labor, ETA/OGCM
Division of Contract Services
200 Constitution Avenue, NW
Room S-4203
Washington DC 20210
(b) The copy of any protest shall be received in the office designated above
within one day of filing a protest with the GAO.
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L.9 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)
This solicitation incorporates one or more solicitation provisions by reference,
with the same force and effect as if they were given in full text. Upon request,
the Contracting Officer will make their full text available. The offeror is
cautioned that the listed provisions may include blocks that must be completed
by the offeror and submitted with its quotation or offer. In lieu of submitting
the full text of those provisions, the offeror may identify the provision by
paragraph identifier and provide the appropriate information with its quotation
or offer. Also, the full text of a solicitation provision may be accessed electronically
at this/these address(es):
http://www.arnet.gov/far
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L.10 SPECIAL REQUIREMENTS
The contractor shall be required to provide the necessary personnel to accomplish
each task listed above. The key personnel position and the required time commitment
are listed as follows:
Project Director - 10% Time Commitment
This person should have 10% time commitment to this project, should have a Ph.D.
in economics, statistics, or a related field and should have at least 10 years
professional experience, including economic and statistical analysis, project
management, unemployment insurance actuarial work, and provision of training
on statistical techniques.
Project Manager - 100% Full Time Commitment
This person should have 100% time commitment to this project, should have at
least a Master’s degree in economics, statistics, or a related field and should
have at least 5 years professional experience, including economic and statistical
analysis, project management, and work related to unemployment insurance.
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SECTION M - EVALUATION FACTORS FOR AWARD
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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
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52.217-3 EVALUATION EXCLUSIVE OF OPTIONS APR 1984
M.2 BASIS FOR AWARD (BEST VALUE)
The Government intends to evaluate proposals using a two-step methodology. The
first step will involve the evaluation of the offeror's TECHNICAL APPROACH,
INDIVIDUAL STAFF EXPERIENCE AND QUALIFICATIONS, and PRICE (evaluation factors
A, B, and D listed below). Based on these evaluations, a Competitive Range (FAR
Part 15) consisting of the most highly rated proposals will be established.
The second step will involve evaluation of CONTRACTOR'S PAST PERFORMANCE. Evaluation
of CONTRACTOR'S PAST PERFORMANCE will be in accordance with Section L.2 of the
solicitation and evaluation factor C listed below. Therefore, each offer should
contain the best terms from a cost or price and technical standpoint.
A cost realism analysis will be performed for all technically acceptable offerors.
Contract award will be based on the combined evaluations of Technical Approach,
Individual Staff Experience and Qualifications, Contractor’s Past Performance,
and Price. The contract resulting from this solicitation will be awarded to
the responsible offeror whose offer, conforming to the solicitation, is determined
to provide the "best value" to the Government, which may not necessarily
be the proposals offering the lowest cost nor receiving the highest technical
score. It should be noted that cost is not a numerically weighted factor. Although
non-cost factors are significantly more important than cost, cost is an important
factor and should be considered when preparing responsive offers (proposals).
The importance of cost as an evaluation factor will increase with the degree
of equality of the proposals in relation to the remaining evaluation factors.
When the offerors within the competitive range are considered essentially equal
in terms of technical, past performance and other no-cost factors (if any),
or when cost is so significantly high as to diminish the value of the technical
superiority to the Government, cost may become the determining factor for award.
In summary, cost/no-cost trade offs will be made, and the extent to which one
may be sacrificed for the other if governed only by the tests of rationality
and consistency with the established factors.
Prospective contractors are advised that the selection of a contractor for contract
award is to be made, after a careful evaluation of the offers (proposals) received,
by a panel of specialists chosen by DOL/ETA. Each panelist will evaluate the
proposals for technical acceptability using a range of scores assigned to each
factor. The factors are presented in the order of emphasis that they will receive
(i.e., Factor A has the greatest weight, Factor B the second greatest weight,
etc.). The scores will then be averaged to select a contractor for award on
the basis of their proposal being the most advantageous to the Government, price
and other factors considered.
M.3 EVALUATION CRITERIA AND BASIS FOR AWARD (BEST VALUE)
A. TECHNICAL APPROACH (40 points)
The offeror should demonstrate a thorough knowledge and understanding of the
complexities of the UI system, UI data, modeling of benefit programs, and profiling
methods. The offeror should also demonstrate understanding of the training needs
of state actuarial staff and an understanding of training techniques. Offeror’s
discussion of the approach to be used in accomplishing the required tasks should
demonstrate an understanding of those tasks and the ability to satisfactorily
complete the tasks.
PLEASE BE ADVISED, OFFERORS SHALL BE EVALUATED BASED ON THE FOLLOWING:
(1) Offeror demonstrated a thorough knowledge and understanding of the complexities
of the UI system, UI data, modeling of benefit programs, and profiling methods;
(2) Offeror demonstrated understanding of the training needs of state actuarial
staff and an understanding of training techniques; and (3) Offeror’s discussion
of the approach to be used in accomplishing the required tasks demonstrated
an understanding of those tasks and the ability to satisfactorily complete the
tasks.
B. INDIVIDUAL STAFF EXPERIENCE AND QUALIFICATIONS (35 points)
This section of the proposal shall provide 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. The proposal shall
include the current employment status of personnel proposed for work under this
RFP, i.e., whether these personnel are currently employed by the contractor
or are dependent upon planned recruitment or subcontracting. Where subcontractors
or outside assistance are proposed, organizational control shall be clearly
delineated so as to demonstrate and ensure responsiveness to the needs of the
Government.
The 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. Accordingly, the following information
shall be furnished:
(1) The proposed Project Director and Project Manager
(2) The proposed project organization, including key personnel;
(3) A proposed plan for deploying personnel and resources including: staffing
charts listing names and project roles, staff time/task, loading charts showing
the amount of time each staff person will devote to each task and sub-task;
and a narrative description of each staff person's role in the project, qualifications,
and experience (including outside consultants);
(4) A resume for each person to be assigned to the project. At a minimum, the
resume shall include:
(a) The individual's current employment status and previous work experience,
including position title, dates in position, duties performed and employing
organization. Duties shall be clearly defined in terms of the role performed,
e.g., management, task leader, lead investigator, chief analyst, etc.
(b) A statement of work that the individual has completed or which is currently
underway.
(c) The individual's educational background.
(d) The position to which the individual would be assigned for the project and
the type of work that they would perform in that capacity;
PLEASE BE ADVISED THAT OFFERORS WILL BE EVALUATED UNDER THIS FACTOR BASED ON
THE FOLLOWING:
(1) The experience and qualifications of the proposed Project Manager and the
amount of time committed to the project. It is DOL's expectation that this position
will require a 100% commitment of the proposed individual's time over the period
of performance. This person shall be a qualified professional capable of supervising
activities involved in support of each task; be qualified to coordinate all
project related personnel matters; communicate both orally and in writing with
all levels of ETA personnel; be a qualified professional capable of working
independently and providing guidance to lower level personnel. The Project Manager
should have at least a Master’s degree in economics, statistics, or a related
field and should have at least 5 years of professional experience, including
economic and statistical analysis, project management, and work related to unemployment
insurance.
(2) The experience and qualification of the Project Director and the amount
of time committed to the project. It is DOL’s expectation that this position
will require a 10% time commitment of the proposed individual’s time over the
period of performance. This person should have a PhD in economics, statistics,
or a related field and should have at least 10 years professional experience,
including economic and statistical analysis, project management, unemployment
insurance actuarial work, and provision of training on statistical techniques.
(3) The experience and qualifications of all proposed project staff, other than
the Project Director, in relation to their role in the project. Special attention
will be paid to the leaders for specific contract tasks, and their prior experience
in performing their designated tasks. These individuals shall be identified
specifically with respect to responsibility for tasks.
(4) Letters of Intent for each professional personnel position. All professional
personnel must devote a full time effort on this project except where percentage
of time of professional personnel is designated in the RFP. Letters of Intent
must be signed (by employee/contingency hire), and dated. The Offeror shall
provide letters of intent from current employees that state they: (1) will remain
employed by the Offeror; and (2) will work for at least six months on the resultant
contract if awarded to the Offeror. Letters of intent must also be submitted
for contingency hires, defined as persons not currently employed but who have
executed a binding letter of commitment. Letters should be signed by the offeror
and the employee.
(5) A resume for each professional personnel to be assigned to the project.
At a minimum, each resume shall include:
(a) The individual's current employment status and previous work experience,
including position title, dates in position, duties performed, and employing
organization. Duties shall be clearly defined in terms of the role performed,
i.e., management, team leader, consultant. Also, indicate whether each individual
is currently employed by the contractor, and (if so) for how long.
(b) A statement of the work that the individual has completed or which is currently
underway for work that is relevant to the proposed work.
(c) The individual's educational background;
(d) The position to which the individual would be assigned for the project and
the type of work that they would perform in that capacity; and
(6) Staffing charts listing names, qualifications, and experience of professional
personnel (including outside consultants), staff time/time loading charts showing
the amount of time each staff person will devote to each task and sub-task,
and an indication of how staff will be allocated to perform all necessary field
work during the project.
C. CONTRACTOR'S PAST PERFORMANCE (25 POINTS)
This criterion shall represent up to 25% 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.
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, professional personnel who have relevant experience or subcontractors
that will perform major or critical aspects of the requirement when such information
is relevant to the instant acquisition. Offerors without relevant past performance
history or for whom information on past performance is not available; the offeror
may not be evaluated favorably or unfavorably on past performance. In this instance
the offeror would receive a neutral score.
D. PRICE
Cost Realism will be performed as part of the proposal evaluation process. The
purpose of this evaluation shall be (a) to verify the offeror's understanding
of the requirement; (b) to assess the degree to which the cost/price proposal
reflects the approaches and/or risk assessments made in the technical proposal
as well as the risk that the offeror will provide the services for the offered
Prices/cost; and (c) assess the degree to which the cost reflected in the cost/price
proposal accurately represents the work effort included in the technical offer
(proposal).
M.4 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.
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