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SOLICITATION, OFFER AND AWARD

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

PAGE OF PAGES

  1|   54
2. CONTRACT NUMBER
 
 
 
3. SOLICITATION NUMBER
 
 
 RFP-DCS-02-16
4. TYPE OF SOLICITATION
 
SEALED BID (IFB)
 X
NEGOTIATED (RFP)
5. DATE ISSUED
 
 
 3/29/2002
6. REQUISITION/PURCHASE NUMBER
 
 02-672
 jlm
7. ISSUED BY    CODE
 
 U.S. Department of Labor, ETA/OGCM
 Division of Contract Services
 200 Constitution Avenue, NW
 Room C-4310
 Washington  DC  20210
8. ADDRESS OFFER TO (If other than Item 7)
 
 
 
 
    
NOTE:  In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".
SOLICITATION
9.  Sealed offers in original and   4 copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 6, or if hand carried, in the depository located in   Item 7 until   2:00pm (Hour) local time   5/3/2002 (Date) . 
CAUTION - LATE Submissions, and Withdrawals:  See Section L, Provision No. 52.214-7 or 52.215-1.  All Offers are subject to all terms and conditions contained in this solicitation. 
10. FOR INFORMATION CALL:
 
A. NAME
 
 Jillian Matz

B. TELEPHONE (NO COLLECT CALLS)

C. E-MAIL ADDRESS
 
 jmatz@doleta.gov
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11. TABLE OF CONTENTS   See Attached Table of Contents

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

PART I - THE SCHEDULE

PART II - CONTRACT CLAUSES

 A SOLICITATION/CONTRACT FORM   I CONTRACT CLAUSES 
 B SUPPLIES OR SERVICES AND PRICES/COSTS  

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

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

CODE 

 

FACILITY 

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

15B. TELEPHONE NUMBER

 
15C. CHECK IF REMITTANCE ADDRESS IS DIFFERENT FROM ABOVE - ENTER SUCH ADDRESS IN SCHEDULE
17. SIGNATURE
 
 
18. OFFER DATE
 
 
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 2026933315

AWARD (To be completed by Government)
19. ACCEPTED AS TO ITEMS NUMBERED
 
 
20. AMOUNT
 
  $.00
21. ACCOUNTING AND APPROPRIATION
 
 
22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:
 
 
 10 U.S.C. 2304(a) (  )
 
 41 U.S.C. 252(c) (  )
23. SUBMIT INVOICES TO ADDRESS SHOWN IN
      (4 copies unless otherwise specified)
 
ITEM
 
 
24. ADMINISTERED BY (If other than Item 7)CODE
 
 U.S. Department of Labor, ETA
 Office of Grants and Contracts Mgnt.
 200 Constitution Avenue, NW
 Room C-4310
 Washington  DC  20210
25. PAYMENT WILL BE MADE BYCODE
 
 U.S. Department of Labor, ETA/OC
 Division of Accounting
 200 Constitution Avenue, NW
 Room N-4702
 Washington  DC  20210
26. NAME OF CONTRACTING OFFICER (Type or print)
 Keith A. Bond
 
27. UNITED STATES OF AMERICA

 

(Signature of Contracting Officer)

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

STANDARD FORM 33   (REV. 9-97)  

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Table Of Contents

PART I - THE SCHEDULE

SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK
C.1 PURPOSE AND OBJECTIVES
C.2 SCOPE OF WORK

SECTION D - PACKAGING AND MARKING
[FOR THIS SOLICITATION, THERE ARE NO CLAUSES IN THIS SECTION]

SECTION E - INSPECTION AND ACCEPTANCE
E.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

SECTION F - DELIVERIES OR PERFORMANCE
F.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE
F.2 PERIOD OF PERFORMANCE
F.3 LEVEL OF EFFORT
F.4 REPORTS/DELIVERABLES
F.5 TIMEFRAMES FOR DELIVERABLES

SECTION G - CONTRACT ADMINISTRATION DATA
G.1 IDENTITY AND AUTHORITY OF THE CONTRACTING OFFICER'S REPRESENTATIVE (GOVERNMENT AUTHORIZED REPRESENTATIVE)
G.2 METHOD OF PAYMENT

SECTION H - SPECIAL CONTRACT REQUIREMENTS
H.1 FRINGE BENEFITS
H.2 VACATIONS, SICK-LEAVE HOLIDAYS
H.3 TRAVEL AND PER DIEM
H.4 USE OF AND PAYMENT TO CONSULTANTS
H.5 UNEMPLOYMENT INSURANCE COST
H.6 ACCOUNTING AND AUDITING SERVICES
H.7 PRINTING
H.8 KEY PERSONNEL
H.9 CONTRACT NUMBER IDENTIFICATION
H.10 SUBMISSION OF CORRESPONDENCE
H.11 OTHER CONTRACTORS
H.12 LAWS APPLICABLE
H.13 DISPOSITION OF MATERIAL
H.14 NONDISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITIES
H.15 FEDERAL REPORTS
H.16 DISCLOSURE OF CONFIDENTIAL INFORMATION
H.17 ELIMINATION OF SEXIST LANGUAGE AND ART WORK
H.18 HAZARDOUS OCCUPATION ORDERS
H.19 INSURANCE REQUIREMENTS (FAR-SUBPART 28.3)
H.20 DATA COLLECTION FOR THE DEPARTMENT OF LABOR
H.21 PERFORMANCE STANDARDS
H.22 RESTRICTION ON USE OF DOL FUNDS FOR LOBBYING
H.23 PUBLICATION OF MATERIALS
H.24 OPTION TO EXTEND THE TERMS OF THE CONTRACT - SERVICE (FAR 17.208(G))

PART II - CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES
I.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE
I.2 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)
I.3 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)
I.4 52.232-25 PROMPT PAYMENT (FEB 2002)
I.5 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
I.6 LIMITATIONS ON SUBCONTRACTING

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

SECTION J - LIST OF ATTACHMENTS
J.1 CONTRACT PRICING PROPOSAL COVER SHEET, SF 1411, (1 PAGE)
J.2 PUBLIC VOUCHER FOR PURCHASES AND SERVICES OTHER THAN PERSONAL, SF 1034, (1 PAGE)
J.3 STATEMENT OF FINANCIAL CAPABILITY, ETA 8554, (2 PAGES)
J.4 VETS-100 - FEDERAL CONTRACTOR VETERANS EMPLOYMENT REPORT,
J.5 PAST PERFORMANCE REFERENCE INFORMATION (2 PAGES)
J.6 PAST PERFORMANCE EVALUATION QUESTIONNAIRE (2 PAGES)

PART IV - REPRESENTATIONS AND INSTRUCTIONS

SECTION K - REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS
K.1 NOTICE LISTING SOLICITATION PROVISIONS INCORPORATED BY REFERENCE
K.2 52.203-2 CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (APR 1985)
K.3 52.204-3 TAXPAYER IDENTIFICATION (OCT 1998)
K.4 52.204-5 WOMEN-OWNED BUSINESS (OTHER THAN SMALL BUSINESS)
K.5 52.209-5 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, PROPOSED DEBARMENT, AND OTHER RESPONSIBILITY MATTERS (DEC 2001)
K.6 52.215-6 PLACE OF PERFORMANCE (OCT 1997)
K.7 52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (MAY 2001)
K.8 52.222-22 PREVIOUS CONTRACTS AND COMPLIANCE REPORTS (FEB 1999)
K.9 52.222-25 AFFIRMATIVE ACTION COMPLIANCE (APR 1984)
K.10 52.223-13 CERTIFICATION OF TOXIC CHEMICAL RELEASE REPORTING (OCT 2000)
K.11 52.227-15 STATEMENT OF LIMITED RIGHTS DATA AND RESTRICTED COMPUTER SOFTWARE (MAY 1999)
K.12 SIGNATURE BLOCK

SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS
L.1 NOTICE LISTING SOLICITATION PROVISIONS INCORPORATED BY REFERENCE
L.2 52.216-1 TYPE OF CONTRACT (APR 1984)
L.3 52.233-2 SERVICE OF PROTEST (AUG 1996)
L.4 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)
L.5 PAST PERFORMANCE
L.6 SUBMISSION OF PROPOSAL
L.7 LETTERS OF COMMITMENT - KEY PERSONNEL, (OCT 2000)
L.8 SPECIAL REQUIREMENTS
L.9 CONFIRMATION OF PROPOSED KEY PERSONNEL (OCT 2000)
L.10 REQUEST FOR CLARIFICATION (RFC)

SECTION M - EVALUATION FACTORS FOR AWARD
M.1 NOTICE LISTING SOLICITATION PROVISIONS INCORPORATED BY REFERENCE
M.2 BASIS FOR AWARD (BEST VALUE)
M.3 CRITERIA FOR AWARD
M.4 DETERMINING OVERALL BEST VALUE


PART I - THE SCHEDULE



SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS




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SERVICES ORDERED


Title: "Motion Picture Video License"

Job Corps is seeking a means of expanding entertainment and recreational opportunities for its students, which will impact positively the use of videocassettes of motion pictures on Job Corps centers, provide coverage for approximately 36,000 students, and assure compliance with existing laws. It also seeks to establish an agreement for the Department of Labor's Job Corps program to be permitted to "Publicly Perform" as that term is used in section 101 and 106 of Title 17, United States Code, copyrighted Motion Pictures which are pre-recorded on video cassettes and video discs which are otherwise by law for home use only on Job Corps center nationwide.

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.

A firm fixed price type contract is contemplated for this requirement.

This solicitation is being competed under full and open competition.

Closing time and date are May 3, 2002, at 2:00 p.m. local time.

The incumbent contractor under this solicitation is the Motion Picture Licensing Corporation, of Los Angeles, California, under Contract Number F-6166-8-00-82-30. The Contract was awarded on November 21, 1997, in the amount of $40,000. The total amount awarded under this contract was $215,000, inclusive of options.

REQUESTS FOR CLARIFICATION (RFC) MUST BE RECEIVED NO LATER THAN 5:00 PM LOCAL TIME April 15, 2002.

Only electronic submission of requests will be accepted. They shall be submitted to Ms. Jillian Matz at jmatz@doleta.gov. Should any RFC be received after the date stated above, the Government reserves the right not to provide an answer. If, however, the Government determines that the RFC raises an issue of significant importance, the government will respond electronically.

The Government will not provide any information concerning requests for clarifications in response to telephone calls from offerors. All requests will be answered electronically and will be available to all offerors at the DOLETA Internet site (http://wdsc.doleta.gov/sga/).

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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SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK





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C.1 PURPOSE AND OBJECTIVES



Job Corps is a major employment and training program that attempts to alleviate the severe employment problems faced by economically disadvantaged youth throughout the United States. The Job Corps Program was originally established by the Economic Opportunity Act of 1964. Control of the program was transferred from the Office of Economic Opportunity to the Department of Labor in 1969. The Job Corps Program was later incorporated as Title IV-B of the comprehensive Employment and Training Act of 1987. Authorization continued under Title IV-B of the Job Corps Partnership Act (JTPA) of 1982 and is currently provided for under Title I-C of the Workforce Investment Act. The program is nationally administered through the DOL/ETA, Office of Job Training Program (OJTP), Office of Job Corps, in Washington, D.C. and ten (10) Regional Offices.

The Job Corps Program provides basic educational and vocational skills training, diagnostic testing, zero tolerance for violence and drugs, intergroup relations, social skills training, work experience, counseling, residential living, recreation, health care and other support services. The purpose of Job Corps is to assist eligible young people who can benefit from an intensive and comprehensive program, operated in the residential setting of a Job Corps center, to become more responsible, employable, and productive citizens. Job Corps provides, in an integrated manner, a comprehensive array of services that address barriers faced by young people.

In 1982, a Directive was sent to all Job Corps centers on the "Use of Home video cassettes for Showing Movies at Job Corps centers". The Directive stated that the showing of copyrighted movies on home video cassettes in public places such as clubs, lodges, prisons, campuses and schools had been determined to be an infringement of the copyright law. The Directive referenced a legal opinion from the California Attorney General, which addressed the following questions: Does the showing of videocassette tapes of motion pictures to prison inmates by correctional authorities constitute an infringement of copyright? The conclusion of the legal opinion was that the showing of videocassette tapes of motion pictures to prison inmates by correctional authorities without authorization from the copyright owner constitutes an infringement of copyright. The Directive mandated that Job Corps centers should immediately cease using unlicensed home video cassettes.

Job Corps is seeking a means of expanding entertainment and recreational opportunities for its students, which will impact positively the use of videocassettes of motion pictures on Job Corps centers, provide coverage for approximately 36,000 students, and assure compliance with existing laws. It also seeks to establish an agreement for the Department of Labor’s Job Corps program to be permitted to “Publicly Perform” as that term is used in section 101 and 106 of Title 17, United States Code, copyrighted Motion Picture which are pre-recorded on video cassettes and video discs which are otherwise by law for home use only on Job Corps center nationwide.

Presently, there are 118 Job Corps centers. Most Job Corps students live on center seven (7) days a week, 24 hours a day. It is essential that recreational and entertainment opportunities be provided for them. In order to expand existing programs, Job Corps is responding to a need to secure a license to permit performance of videocassettes and video discs on Job Corps centers under the provision of a national contract during the 1-year period.

The primary objectives of the contract are to:

1. Obtain a license, which shall permit the use of Home Video Cassettes for showing at Job Corps centers in ten (10) regions.

2. Comply with the provisions of the U.S. Copyright Act

3. Provide entertainment and recreational opportunities for Job Corps

C.2 SCOPE OF WORK



Tasks to be Performed

1. The contractor shall provide entertainment opportunities by furnishing protection under the U.S. Copyright Act for obtaining and showing home video cassettes of movies to Job Corps students in all ten (10) regions.

2. The contractor shall provide updated listings of film titles each month to Job Corps centers in all ten (10) regions.

3. The contractor shall assure that videos are available to Job Corps centers through local video stores and by mail.

4. The contractor shall state in explicit terms, any restrictions to be observed by Job Corps centers regarding the acquisition and use of videocassettes of motion pictures.

5. The contractor shall provide Job Corps centers with a complete listing of Motion Picture Studios represented by their agency, the types(s) of license(s) company has been authorized to issue, and a detailed explanation of the effect (advantages, disadvantages, restriction, etc.) the license will have on Job Corps centers.

6. The contractor shall make available to all Job Corps centers, any changes in coverage as a result of Motion Picture studio acquisitions or eliminations as they occur.

7. The contractor shall provide a price, in explicit terms, regarding the annual cost for coverage and justification for costs.

8. The contractor shall ensure that Job Corps centers can select videos from a wide variety of film titles to include, but not be limited to:

educational, adventure, western, documentary, science fiction, horror, historical, romance and comedy.

9. Where mailing of videocassettes and videodiscs will be required, contractor shall state length of time Job Corps centers may keep tapes, estimated mailing costs per year and any restrictions or penalties, which pertain.

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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
                    

    52.246-4        INSPECTION OF SERVICES--FIXED-PRICE       AUG 1996

SECTION F - DELIVERIES OR PERFORMANCE





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F.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE



The following contract clauses pertinent to this section are hereby incorporated by reference (by Citation Number, Title, and Date) in accordance with the clause at FAR "52.252-2 CLAUSES INCORPORATED BY REFERENCE" in Section I of this contract. See FAR 52.252-2 for an internet address (if specified) for electronic access to the full text of a clause.

    NUMBER          TITLE                                     DATE
                    

    52.242-15       STOP-WORK ORDER                           AUG 1989


F.2 PERIOD OF PERFORMANCE



The period of performance of this contract shall be twelve calendar months from the date of execution plus four 1-year options at the discretion of the government.

F.3 LEVEL OF EFFORT



The level of effort for this project is estimated at between .4 and .6 professional person 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.4 REPORTS/DELIVERABLES



The contractor shall submit the following reports at the time and in the number of copies specified, to the project officer designate by the contract. If requested to do so by the project officer, the contractor shall present an oral briefing on any report or product submitted. The contractor shall provide diskettes of all applicable deliverables in Microsoft Word.

REPORTS

(1) Monthly Progress Reports in three (3) copies

The first such report will be due 30 days after the contract beginning date and subsequent reports will be due monthly thereafter and should be submitted with the monthly invoices. Reports should describe monthly progress, plans for the resolution of any problems, which may arise, and if necessary, attach and updated work plan for the remainder of the contract.

Final Reports in three (3) copies

The contractor shall submit copies of the final report no later than 5 days before the end of the contract. Deliverables

Motion Picture Studio listings, mailing list agenda, and sample monthly mailing- materials

A complete motion picture studio listing shall include all motion picture studios represented by the contractor. The mailing list agenda shall include planned dates for distributing video listing to Job Corps centers. A sample of the materials mailed to Job Corps centers each month will also be sent to the National Office.

(2) Updated list of film titles to all Job Corps centers in all ten (10) regions-

Each month, contractor shall submit to each Job Corps center, an updated list of all film titles available for rent covered by license

Video Availability Considering the number of Job Corps centers (118) that will be protected under this contract, contractor shall ha ve available numerous copies of popular videos in the event a large percentage of the centers request the same video at the same time.

Submit to Job Corps centers a complete listing of Motion Picture Studios represented by the contractor, along with the type(s) of license(s) authorized.

Submit to Job Corps centers any changes to or deletions from Motion Picture Studio listings as they occur.

Video Film Title Selection

The contractor shall ensure that Job Corps centers will have authorization to select video motion pictures from a wide variety of film titles

Length of Video Use

The contractor shall state, in explicit terms, the maximum number of days Job Corps centers may retain videos for motion picture viewing on centers. Consideration should be given to the time spent in transit to and from centers.

F.5 TIMEFRAMES FOR DELIVERABLES



Reports Due Date*

1. Progress Reports Monthly

2. Final Report 5 days before end of contract

Deliverables

1. Studio listing, mailing list 1 month agenda, sample mailings

2. Updated list of film titles to all Job Corps centers in all ten (10) regions As needed

*Workdays after contract execution

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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 TBD, whose authority to act on behalf of the Contracting Officer is limited to the extent set forth in (B) below. Under no circumstances is the Government Authorized Representative (GAR) authorized to sign any contractual documents or approve any alteration to the contract involving a change in the scope, price, terms or conditions of the contract or order.

(B) The Government Authorized Representative is authorized to:

(1) Monitor and inspect Contractor's performance to ensure compliance of the scope of work.

(2) Make determinations relative to satisfactory or unsatisfactory performance, including acceptance of all work performed and/or all products produced under the terms of the contract.

(3) Review and approve invoices.

(4) Review and approve Contractor's project staff as may be called for on the contract.

(5) Recommend program changes to the Contracting Officer as a result of monitoring or as may be requested by the Contractor.

(6) Review, coordinate changes or corrections, if any, and accept all reports (including any final reports) required under the contract.

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G.2 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 FRINGE BENEFITS



Social Security, Workers' Compensation, Unemployment Compensation and any other fringe benefits are a normal practice of the Contractor at the time of final negotiations for this contract and are available to all employees. Fringe benefits from an immediate previous employer which may be continued while employed under this contract are an allowable cost. In no event will duplicate fringe benefits be allowable to an individual under this contract.

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H.2 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.3 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.4 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.5 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.6 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.7 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.8 KEY PERSONNEL



The personnel specified below or in attachment to this contract are considered to be essential to the work being performed hereunder. Prior to diverting any of the specified individuals to other programs, the Contractor shall notify the Contracting Officer reasonably in advance and shall submit justification (including proposed substitutions) in sufficient detail to permit evaluation of the impact on the program. No diversion shall be made by the Contractor without the written consent of the Contracting Officer; Provided, that the Contracting Officer may ratify in writing such diversion and such ratification shall constitute the consent of the Contracting Officer required by this clause. The below list or attachment to this contract may be amended from time to time during the course of the contract to either add or delete personnel, as appropriate.

For the purpose of this contract, the key personnel positions are identified below as:
 
 Project Director

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H.9 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.10 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.11 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.12 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.13 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.14 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.15 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.16 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.17 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.18 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.19 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. Workers' 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 Workman's Compensation law, and other exclusions stated in the policy. The required coverage for bodily injury shall be $200,000 per person and $500,000 per occurrence.

E. Automobile Liability - The required coverage is $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage.

F. The policies evidencing such insurance as required under this contract shall contain the following endorsement:

"No cancellation, termination, or modification of this policy shall take effect prior to the expiration of 35 days after written notice of the cancellation, termination or modification together with suitable identification of the policy and name insured has been sent by registered letter to the Government representative at the address stated below:

Name of Contracting Officer: Keith A. Bond

Address: USDOL/ETA/DASET/OGCM/DCS
200 Constitution Ave., N.W.
Room C-4310
Washington, D.C. 20210

The types and minimum limits reflected above for vehicle insurance shall apply to any vehicle operated or used in connection with performance of official business under this contract. In the event a privately-owned vehicle is used, the Government's share of insurance premiums, including any additional coverage required to conform with the above limits, shall be prorated in accordance with the vehicle's actual use while conducting business under the terms of this contract.

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H.20 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.21 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.22 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.23 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.24 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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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

                    THE GOVERNMENT
    52.203-7        ANTI-KICKBACK PROCEDURES                  JUL 1995

    52.203-8        CANCELLATION, RESCISSION, AND RECOVERY    JAN 1997

                    OF FUNDS FOR ILLEGAL OR IMPROPER
                    ACTIVITY
    52.203-10       PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR    JAN 1997

                    IMPROPER ACTIVITY
    52.203-12       LIMITATION ON PAYMENTS TO INFLUENCE       JUN 1997

                    CERTAIN FEDERAL TRANSACTIONS
    52.204-4        PRINTED OR COPIED DOUBLE-SIDED            AUG 2000

                    ON RECYCLED PAPER
    52.209-6        PROTECTING THE GOVERNMENT'S INTEREST      JUL 1995

                    WHEN SUBCONTRACTING WITH CONTRACTORS
                    DEBARRED, SUSPENDED, OR PROPOSED FOR
                    DEBARMENT
    52.215-2        AUDIT AND RECORDS--NEGOTIATION            JUN 1999

    52.215-8        ORDER OF PRECEDENCE--UNIFORM CONTRACT     OCT 1997

                    FORMAT

    52.219-8        UTILIZATION OF SMALL BUSINESS CONCERNS    OCT 2000

    52.222-1        NOTICE TO THE GOVERNMENT OF LABOR         FEB 1997

                    DISPUTES
    52.222-3        CONVICT LABOR                             AUG 1996


    52.222-21       PROHIBITION OF SEGREGATED FACILITIES      FEB 1999

    52.222-26       EQUAL OPPORTUNITY                         FEB 1999

    52.222-30       DAVIS-BACON ACT-PRICE ADJUSTMENT          DEC 2001

                    (NONE OR SEPARATELY SPECIFIED METHOD)
    52.222-35       EQUAL OPPORTUNITY FOR SPECIAL DISABLED    DEC 2001

                    VETERANS, OF THE VIETNAM ERA, AND OTHER
                    ELIGIBLE VETERANS
    52.222-36       AFFIRMATIVE ACTION FOR WORKERS WITH       JUN 1998

                    DISABILITIES
    52.222-37       EMPLOYMENT REPORTS ON SPECIAL DISABLED    DEC 2001

                    VETERANS, VETERANS OF THE VIETNAM ERA,
                    AND OTHER ELIGIBLE VETERANS
    52.222-38       COMPLIANCE WITH VETERANS' EMPLOYMENT      DEC 2001

                    REPORTING REQUIREMENTS
    52.223-6        DRUG-FREE WORKPLACE                       MAY 2001

    52.223-14       TOXIC CHEMICAL RELEASE REPORTING          OCT 2000

    52.225-13       RESTRICTIONS ON CERTAIN FOREIGN           JUL 2000

                    PURCHASES
    52.227-1        AUTHORIZATION AND CONSENT                 JUL 1995

    52.227-2        NOTICE AND ASSISTANCE REGARDING PATENT    AUG 1996

                    AND COPYRIGHT INFRINGEMENT
    52.227-14       RIGHTS IN DATA--GENERAL                   JUN 1987

    52.229-3        FEDERAL, STATE, AND LOCAL TAXES           JAN 1991

    52.229-5        TAXES--CONTRACTS PERFORMED IN U.S.        APR 1984

                    POSSESSIONS OR PUERTO RICO
    52.232-1        PAYMENTS                                  APR 1984

    52.232-8        DISCOUNTS FOR PROMPT PAYMENT              FEB 2002

    52.232-11       EXTRAS                                    APR 1984

    52.232-17       INTEREST                                  JUN 1996

    52.232-23       ASSIGNMENT OF CLAIMS                      JAN 1986

    52.232-33       PAYMENT BY ELECTRONIC FUNDS--CENTRAL      MAY 1999

                    CONTRACTOR REGISTRATION
    52.233-1        DISPUTES                                  DEC 1998

                    ALTERNATE I (DEC 1991)
    52.233-3        PROTEST AFTER AWARD                       AUG 1996

    52.242-13       BANKRUPTCY                                JUL 1995

    52.243-1        CHANGES--FIXED PRICE                      AUG 1987

                    ALTERNATE I (APR 1994)
    52.244-6        SUBCONTRACTS FOR COMMERCIAL ITEMS         DEC 2001

    52.246-25       LIMITATION OF LIABILITY--SERVICES         FEB 1997

    52.249-2        TERMINATION FOR CONVENIENCE OF THE        SEP 1996

                    GOVERNMENT (FIXED-PRICE)
    52.249-8        DEFAULT (FIXED-PRICE SUPPLY AND SERVICE)  APR 1984

    52.253-1        COMPUTER GENERATED FORMS                  JAN 1991


I.2 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)



The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 60.


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I.3 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)



(a) The Government may extend the term of this contract by written notice to the Contractor within 60; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years.


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I.4 52.232-25 PROMPT PAYMENT (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.

(2) If the contract does not require submission of an invoice for payment (e.g., periodic lease payments), the due date will be as specified in the contract.

(3) Contractor's invoice. The Contractor shall prepare and submit invoices to the designated billing office specified in the contract. A proper invoice must include the items listed in 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).

(4) 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.

(5) 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.

(6) 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.

(7) 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.


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I.5 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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I.6 LIMITATIONS ON SUBCONTRACTING



52.219-14 LIMITATIONS ON SUBCONTRACTING (DEC 1996)

(a) This clause does not apply to the unrestricted portion of a partial set-aside.

(b) By submission of an offer and execution of a contract, the Offeror/ Contractor agrees that in performance of the contract in the case of a contract for --

(1) SERVICES (EXCEPT CONSTRUCTION). At least 50 percent of the cost of contract performance incurred for personnel shall be expended for employees of the concern.

(2) SUPPLIES (OTHER THAN PROCUREMENT FROM A NONMANUFACTURER IN SUCH SUPPLIES). The concern shall perform work for at least 50 percent of the cost of manufacturing the supplies, not including the cost of materials.

(3) GENERAL CONSTRUCTION. The concern will perform at least 15 percent of the cost of the contract, not including the cost of materials, with its own employees.

(4) CONSTRUCTION BY SPECIAL TRADE CONTRACTORS. The concern will perform at least 25 percent of the cost of the contract, not including the cost of materials, with its own employees.


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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 PUBLIC VOUCHER FOR PURCHASES AND SERVICES OTHER THAN PERSONAL, SF 1034, (1 PAGE)



J.3 STATEMENT OF FINANCIAL CAPABILITY, ETA 8554, (2 PAGES)



J.4 VETS-100 - FEDERAL CONTRACTOR VETERANS EMPLOYMENT REPORT,


OMB 1293-0005 (2 PAGES)

J.5 PAST PERFORMANCE REFERENCE INFORMATION (2 PAGES)



J.6 PAST PERFORMANCE EVALUATION QUESTIONNAIRE (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

                    PAYMENTS TO INFLUENCE CERTAIN FEDERAL
                    TRANSACTIONS


K.2 52.203-2 CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (APR 1985)



(a) The offeror certifies that--

(1) The prices in this offer have been arrived at independently, without, for the purpose of restricting competition, any consultation, communication, or agreement with any other offeror or competitor relating to--

(i) those prices;

(ii) the intention to submit an offer;, or

(iii) the methods or factors used to calculate the prices offered;

(2) The prices in this offer have not been and will not be knowingly disclosed by the offeror, directly or indirectly, to any other offeror or competitor before bid opening (in the case of a sealed bid solicitation) or contract award (in the case of a negotiated solicitation) unless otherwise required by law; and

(3) No attempt has been made or will be made by the offeror to induce any other concern to submit or not to submit an offer for the purpose of restricting competition.

(b) Each signature on the offer is considered to be a certification by the signatory that the signatory--

(1) Is the person in the offeror's organization responsible for determining the prices being offered in this bid or proposal, and that the signatory has not participated and will not participate in any action contrary to subparagraphs (a)(1) through (a)(3) above; or

(2) (i) Has been authorized, in writing, to act as agent for the following principals in certifying that those principals have not participated, and will not participate in any action contrary to subparagraphs (a)(1) through (a)(3) above

           ____________________________________________
           ____________________________________________
           ____________________________________________

[Insert full name of person(s) in the offeror's organization responsible for determining the prices offered in the bid or proposal, and the title of his or her position in the offeror's organization];

(ii) As an authorized agent, does certify that the principals named in subdivision (b)(2)(i) above have not participated, and will not participate, in any action contrary to subparagraphs (a)(1) through (a)(3) above; and

(iii) As an agent, has not personally participated, and will not participate, in any action contrary to subparagraphs (a)(1) through (a)(3) above.

(c) If the offeror deletes or modifies subparagraph (a)(2) of this provision, the offeror must furnish with its offer a signed statement setting forth in detail the circumstances of the disclosure.


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K.3 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.4 52.204-5 WOMEN-OWNED BUSINESS (OTHER THAN SMALL BUSINESS)


(MAY 1999)

(a) Definition. Women-owned business concern, as used in this provision, means a concern 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 its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

(b) Representation. [Complete only if the offeror is a women- owned business concern and has not represented itself as a small business concern in paragraph (b)(1) of FAR 52.219-1, Small Business Program Representations, of this solicitation.] The offeror represents that it [ ] is, [ ] is not a women-owned business concern.



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K.5 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.6 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.7 52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (MAY 2001)



(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is-- 0.

(2) The small business size standard is million [average annual receipts for 3 preceding fiscal yrs].

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b) Representations. (1) The offeror represents as part of its offer that it [ ] is, [ ] is not a small business concern.

(2) (Complete only if the offeror represented itself as a small business concern in paragraph (b)(1) of this provision.) The offeror represents, for general statistical purposes, that it [ ] is, [ ] is not, a small disadvantaged business concern as defined in 13 CFR 124.1002.

(3) (Complete only if the offeror represented itself as a small business concern in paragraph (b)(1) of this provision.) The offeror represents as part of its offer that it [ ] is, [ ] is not a women-owned small business concern.

(4) [Complete only if the offeror represented itself as a small business concern in paragraph (b)(1) of this provision.] The offeror represents as part of its offer that it [ ] is, [ ] is not a veteran-owned small business concern.

(5) [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (b)(4) of this provision.] The offeror represents as part of its offer that it [ ] is, [ ] is not a service-disabled veteran-owned small business concern.

(c) Definitions. As used in this provision--

Service-disabled veteran-owned small business concern--

(1) Means a small business concern-- (i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

Small business concern, as used in this provision, means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and the size standard in paragraph (a) of this provision.

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.8 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.9 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.10 52.223-13 CERTIFICATION OF TOXIC CHEMICAL RELEASE REPORTING (OCT 2000)



(a) Submission of this certification is a prerequisite for making or entering into this contract imposed by Executive Order 12969, August 8, 1995.-

(b) By signing this offer, the offeror certifies that----

(1) As the owner or operator of facilities that will be used in the performance of this contract that are subject to the filing and reporting requirements described in section 313 of the Emergency Planning and Community Right-to-Know Act of 1986 (EPCRA) (42 U.S.C. 11023) and section 6607 of the Pollution Prevention Act of 1990 (PPA) (42 U.S.C. 13106), the offeror will file and continue to file for such facilities for the life of the contract the Toxic Chemical Release Inventory Form (Form R) as described in sections 313(a) and (g) of EPCRA and section 6607 of PPA; or--

(2) None of its owned or operated facilities to be used in the performance of this contract is subject to the Form R filing and reporting requirements because each such facility is exempt for at least one of the following reasons: (Check each block that is applicable.)-

[ ] (i) The facility does not manufacture, process, or otherwise use any toxic chemicals listed under section 313(c) of EPCRA, 42 U.S.C. 11023(c);-

[ ] (ii) The facility does not have 10 or more full-time employees as specified in section 313(b)(1)(A) of EPCRA, 42 U.S.C. 11023(b)(1)(A);-

[ ] (III) The facility does not meet the reporting thresholds of toxic chemicals established under section 313(f) of EPCRA, 42 U.S.C. 11023(f) (including the alternate thresholds at 40 CFR 372.27, provided an appropriate certification form has been filed with EPA);

[ ] (iv) The facility does not fall within Standard Industrial Classification Code (SIC) major groups 20 through 39 or their corresponding North American Industry Classification System (NAICS) sectors 31 through 33; or

[ ] (v) The facility is not located within any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, the Northern Mariana Islands, or any other territory or possession over which the United States has jurisdiction.


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K.11 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.12 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--COMPETITIVE     MAY 2001

                    ACQUISITION


L.2 52.216-1 TYPE OF CONTRACT (APR 1984)



The Government contemplates award of a Firm Fixed Price contract resulting from this solicitation.


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L.3 52.233-2 SERVICE OF PROTEST (AUG 1996)



(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the General Accounting Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from:



Keith A. Bond


Hand-Carried Address:

U.S. Department of Labor, ETA/OGCM
Division of Contract Services
200 Constitution Avenue, NW
Room C-4310
Washington DC 20210


Mailing Address:

U.S. Department of Labor, ETA/OGCM
Division of Contract Services
200 Constitution Avenue, NW
Room C-4310
Washington DC 20210



(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.


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L.4 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.5 PAST PERFORMANCE



Offerors shall submit the following information as part of their proposal for both the offeror and proposed major subcontractors:

A. A list of all relevant contracts and subcontracts completed during the past three (3) years and all contracts and subcontracts currently in process. The reference should be on project/work similar in nature. Contracts listed may include those entered into by the Federal Government, agencies of state and local governments and commercial customers. Offerors that are newly formed entities without prior contracts should list contracts and subcontracts as required above for all key personnel. Include the following information for each contract and subcontract:

    1.  Name of contracting activity
    2.  contract number
    3.  Contract type
    4.  total contract value
    5.  contract work
    6.  contracting officer and telephone
    7.  program manager and telephone
    8.  administrative contracting officer, if different from #6
          and telephone number
    9.  list of major subcontractors
B. The offeror may provide information on problems encountered on the contract and subcontracts identified in A above and corrective actions taken to resolve those problems. Offerors should not provide general information of their performance on the identified contracts. General performance information will be obtained from the references.

C. The offeror may describe any quality of awards or certifications that indicate the offeror possess a high quality process for developing and producing the product or service required. Identify what segment of the company (one division or the entire company) that received the award or certification. Describe when the award or certification was bestowed. If the award or certification is over three years old, present evidence that the qualifications still apply.

D. Each offeror will be evaluated on his/her performance under existing and prior contracts for similar products or services. Performance information will be used for both responsibility determinations and as an evaluation factor against which offerors' relative rankings will be compared to assure best value to the Government. The Government will focus on information that demonstrates quality of performance relative to the size and complexity of the procurement under consideration. The contractor's reference form identified in Section J.7 will be used to collect this information. References other than those identified by the offeror may be contacted by the Government with the information received used in the evaluation of the offerors's past performance. The Government may also reserve the right to decide not to contact all of the references provided by the offeror. Names of individuals providing reference information about an offeror's past performance shall not be disclosed.

L.6 SUBMISSION OF PROPOSAL



(A) - General:

Your proposal must be submitted in four (4) separate and direct parts as outlined below, consisting of the number of stated copies and accompanied by the required supportive materials to insure that the proposal will be considered responsible to the Request for Proposals.

Part 1 - Original and two (2) signed copies of completed
Standard Form 33, Solicitation, Offer and Award, and all
attachments thereto except those items required in Part 2
3 and 4 will be submitted as outlined in their respective
parts.
 
Legible copies are acceptable.  (All copies shall be ink-signed.)
 
Part 2 - A detailed Technical Proposal in an original and
four (4) copies as further outlined below.  The Technical
Proposal shall not make reference to cost or price data so
that an independent technical evaluation may be made on the
basis of technical merit alone.  Failure to comply with this
requirement will result in a determination of nonrespon-
siveness.  Proposals specifying less than one hundred twenty
(120) days Government Acceptance may be considered not
acceptable.  Any exceptions taken by a proposer to any
provisions of this Request for Proposals or any condition
placed upon a proposal may result in a finding of not
 acceptable.  Only one proposal may be submitted by each
respondent.
 
Part 3 - Past Performance Information as described in L.5 and
M.3(C).
 
Part 4 - A detailed Business Management Proposal as further
outlined in the below instructions and consisting of:
 
          (a)  Three (3) copies of price information
 
          (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 acceptable.
 
NOTE:  Part 1, 2, 3 and 4 should be sealed in separate envelopes
and included in one master package.  The RFP number and related
Part numbers outlined above, if applicable, must be shown in the
upper left hand corner of each of the envelopes as well as the
master package.
 
(B) - Technical Proposal (Part 2):
 
Your technical proposal should be specific and complete.  Your
proposal should demonstrate a thorough understanding of the
requirements of the attached schedule (PART I - SECTION C) and a
logical plan for accomplishment.
 
To facilitate proposal evaluation, the offeror shall submit as
part of the proposal a separate enclosure entitled "Technical
Proposal."  The information should be keyed to each paragraph of
the  technical proposal requirements as outlined below:
 
Problem and Approach
 
The technical proposal must at a minimum provide:
1. The proposal shall provide a statement of the scope of work in offeror's own words to demonstrate the offeror's complete understanding of the intent and requirements.

2. The proposal shall fully describe the proposed technical approach to comply with each of the requirements specified under the statement of work.

Experience

The proposal shall describe the offeror's past experience in performing work of a similar nature.

Personnel

The proposal shall specify the type of personnel and provide a resume of professional persons that will be employed to perform the contract. The proposal shall also specify how the professional personnel under the contract will operate organizationally. At a minimum, the resume shall include:

(a) Previous work experience, including duties, dates and employing organizations. Duties must be clearly defined in terms of roles performed; i.e., manager, team leader, consultant, etc.

(b) A statement of work completed or under-way which is relevant to the proposed work under this contract.

(c) Educational background.

(d) Contemplated position.

3. The offeror's technical approach and schedule for accomplishing the objectives, including identification of possible technical problems and solutions.

4. A general work plan organized to show major work tasks and subtasks for conducting the project.

5. A staffing chart listing names, qualifications, and experiences of key personnel.

6. A description of the firm's qualifications in terms of relevant previous experience, facilities and other resources. A description of prior projects that illustrate the offeror's relevant experience and expertise must be provided along with names and telephone numbers of client references.

(C) - Offeror Representations, Certifications, and Acknowledgments

The offeror shall complete and submit all certifications included in or attached to this Request forProposals.

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 the subcontractor be able to start performance at the start of the contract period?

(d) What is the total cost of (each) subcontract?

(e) What services (skills) will the subcontract provide?

(f) What experience does the subcontractor have in this technical area?

*Also provide the above information for consultants you intend to use in the performance of a resulting contract. Consultants are persons posessing special current knowledge or skill that may be combined with extensive operational experience. FAR 37.203(a). This background enables them to provide information, opinions, advice, or recommendations to enhance understanding of complex issues or to improve the quality or timeliness of policy development or decision making.

Applications should consist of the individual's resume, a brief sample of relevant work and list of references. Prior to the formal review, applications will be screened to insure that all the information requested in this proposal is provided and complete.

L.7 LETTERS OF COMMITMENT - KEY PERSONNEL, (OCT 2000)



1. All proposed key personnel listed in Section H.9 require written, signed (by employee/contingency hire), and dated letters of commitment. The Offeror shall provide letters of commitment from current employees that state they: (1) will remain employed by the Offeror; and (2) will work full time, or the percentage of time designated in the RFP, for at least six months on the resultant contract if awarded to the Offeror. The letters of commitment must reflect agreement on salary, benefits and position.

2. Letters of commitment must also be submitted for contingency hires, defined as persons not currently employed but who have executed a binding letter of commitment for employment with the Offeror, if the Offeror receives award under subject solicitation. The letter of commitment must reflect agreement on salary, benefits and position. New hires may not be proposed for key personnel. (A new hire is defined as specified or unspecified persons to fill an empty position who are neither identified as a current employee of the Offeror (or proposed subcontractor) nor as a contingency hire).

3. For those key personnel designated by the Contracting Officer, a binding signed employment contract between the key person(s) and the employer/offeror contingent upon DOL awarding the employer/offeror the resultant contract must be provided with the proposal in order for the proposal to be considered responsive or technically acceptable. The employment contract must: (1) be for at least six months from the date of the award of the contract by DOL to the employer/offeror; (2) state that the employee will work full time, or the percentage of time designated in the RFP, on the resultant contract if awarded to the employer/offeror; and (3) the employment contract must address salary, benefits, and position.

L.8 SPECIAL REQUIREMENTS



The key personnel positions and their required time commitment are listed as follows:

Project Director - 15% time commitment

L.9 CONFIRMATION OF PROPOSED KEY PERSONNEL (OCT 2000)



The following certificate shall be provided upon request by the Contracting Officer should discussions be required and revisions and/or best and final offers be requested.

I certify that the proposed key personnel are still available for performance under any contract resulting from this solicitation, and that the letters of commitment are still valid. I base this certification on written and/or oral confirmation which I received, within the past 30 days, from each individual proposed to fill the Key Personnel requirements. I further certify that I possess copies of written confirmations I received from each individual, and/or a memorandum to the file documenting oral confirmation of that individual's availability. I further promise to immediately inform the Government of any changes in the availability of any proposed key personnel.

Date of Certification

By (Name and Signature of company president)

L.10 REQUEST FOR CLARIFICATION (RFC)



All requests for RFP clarification are due by 5:00 PM Local Time on April 15, 2002.

Only electronic submission of requests will be accepted. They shall be submitted to Ms. Jillian Matz at jmatz@doleta.gov.

Should any RFC be received after the date stated above, the Government reserves the right not to provide an answer. If, however, in the Government's opinion, the RFC cites an issue of significant importance, the government may provide written responses to all offerors.

The Government will not provide any information concerning requests for clarifications in response to telephone calls from offerors. All requests will be answered electronically and provided to all offerors at the DOLETA Internet site (HTTP://WWW.DOLETA.GOV).

PLEASE BE ADVISED THAT IT IS THE SOLE RESPONSIBILITY OF THE OFFEROR TO CONTINUALLY VIEW THE WEBSITE FOR ANY AMENDMENTS TO THIS SOLICITATION.

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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
                    

    52.217-3        EVALUATION EXCLUSIVE OF OPTIONS           APR 1984

M.2 BASIS FOR AWARD (BEST VALUE)



The Government intends to evaluate proposals and make awards without discussions with offerors. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. Therefore, each offer should contain the best terms from a cost or price and technical standpoint.

A cost realism analysis shall be performed for all technically acceptable offerors.

Contract award will be based on the combined evaluations of Technical Approach, Individual Staff Experience and Qualification, Past Performance, and Cost. The contract resulting from this solicitation will be awarded to the responsible offeror whose offer, conforming to the solicitation, is determined to provide the "best value" to the Government, which may not necessarily be the proposals offering the lowest cost nor receiving the highest technical score.

It should be noted that cost is not a numerically weighted factor. Although non-cost factors are significantly more important than cost, cost is an important factor and should be considered when preparing responsive offers (proposals). The importance of cost as an evaluation factor will increase with the degree of equality of the proposals in relation to the remaining evaluation factors. When the offerors within the competitive range are considered essentially equal in terms of technical, past performance and other non-cost factors (if any), or when cost is so significantly high as to diminish the value of the technical superiority to the Government, cost may become the determining factor for award. In summary, cost/non-cost trade offs will be made, and the extent to which one may be sacrificed for the other if governed only by the tests of rationality and consistency with the established factors.

Prospective contractors are advised that the selection of a contractor for contract award is to be made, after a careful evaluation of the offers (proposals) received, by a panel of specialists chosen by DOL/ETA. Each panelist will evaluate the proposals for technical acceptability using a range of scores assigned to each factor. The factors are presented in the order of emphasis that they will receive (i.e., Factor A has the greatest weight, Factor B the second greatest weight, etc.). The scores will then be averaged to select a contractor for award on the basis of their proposal being the most advantageous to the Government, price and other factors considered.

M.3 CRITERIA FOR AWARD



Prospective offerors are advised that the selection of an offeror for contract award is to be made after a careful evaluation of the proposals received, by a panel selected by DOL/ETA. Each panelist will evaluate the proposals for acceptability using a range of scores assigned to each factor. The scores will then be averaged to select an offeror or develop a list of offerors with whom negotiations may be conducted.

A. TECHNICAL APPROACH (50 points)

This section of the proposal shall include sufficient information for judging the offeror's capability and understanding of the technical requirements.

1. Understanding of the technical requirements of this project as demonstrated by offeror's plan for carrying out the proposed tasks.

2. Variety of resources of the offeror.

3. Two years (minimum) licensing experience.


B. INDIVIDUAL STAFF EXPERIENCE AND QUALIFICATIONS (25 points)

This section of the proposal shall include sufficient information for judging the quality and competence of staff proposed to be assigned to the project to assure that they meet the required qualifications. Successful performance of the proposed work depends heavily on the qualifications of the individuals committed to this project, and the adequacy of the time commitment for each individual in relation to the specific tasks that they will perform. Accordingly, the Government, in its evaluation of the contractor's proposal, will place considerable emphasis on the contractor's commitment of personnel qualified for the work involved in accomplishing the assigned tasks.

This section of the proposal shall provide the current employment status of personnel proposed for work under this RFP--i.e., whether these personnel are currently employed by the contractor or are dependent upon planned recruitment or subcontracting. Where subcontractors or outside assistance are proposed, organizational control shall be clearly delineated so as to demonstrate and ensure responsiveness to the needs of the Government.

The following information shall also be furnished:

1. The proposed Project Director ;

2. The proposed project organization;

3. The time commitment of all professional personnel assigned to the project (the number of hours per month that each individual will devote to the project over its life), as well as "Letters of Intent"for each professional personnel;

4. A resume for each professional personnel to be assigned to the project. At a minimum, each resume shall include:

(a) The individual's current employment status and previous work experience, including position title, dates in position, duties performed, and employing organization. Duties shall be clearly defined in terms of the role performed, i.e., management, team leader, consultant. Also, indicate whether each individual is currently employed by the contractor, and (if so) for how long.

(b) A statement of the work that the individual has completed or which is currently underway for work that is relevant to the proposed work on the project.

(c) The individual's educational background;

(d) The position to which the individual would be assigned for the project and the type of work that they would perform in that capacity.

PLEASE BE ADVISED THAT OFFERORS SHALL BE EVALUATED UNDER THIS FACTOR BASED ON THE FOLLOWING:

(i) PROJECT DIRECTOR:

The project director must have a general knowledge of the Job Corps program and experience in obtaining video licenses.

(ii) 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

(iii) 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 25% of the total score of the proposal. Award may be made from the initial offers without discussions. However, offerors will be provided the opportunity to address unfavorable reports of past performance, if the offeror has not had a previous opportunity to review the rating. Past performance shall include evaluating offerors with no relevant performance history, and shall provide offerors an opportunity to identify past or current contracts (Federal, State and local government and private) for efforts similar to the Government requirement.

Offerors shall provide information on problems encountered on the identified contracts and the offerors' corrective actions. The Government shall consider this information, as well as information obtained from any other sources, when evaluating the offeror's past performance. The contracting officer shall determine the relevance of similar past performance information. Offerors shall submit past performance information regarding predecessor companies, key personnel who have relevant experience, or subcontractors that will perform major or critical aspects of the requirement when such information is relevant to the instant acquisition. Offerors without relevant past performance history or for whom information on past performance is not available, may not be evaluated favorably or unfavorably on past performance. In this instance the offeror would receive a neutral score.


C. COST

Cost Realism will be performed as part of the proposal evaluation process. The purpose of this evaluation shall be to (a) to verify the offeror's understanding of the requirement; (b) to assess the degree to which the cost/price proposal reflects the approaches and/or risk assessments made in the technical proposal as well as the risk that the offeror will provide the services for the offered price/costs; and (c) assess the degree to which the cost reflected in the cost/price proposal accurately represents the work effort included in the technical offer (proposal).

M.4 DETERMINING OVERALL BEST VALUE



In order to determine which offeror represents the best overall value, the Contracting Officer will make a series of paired comparisons among only those offerors that submitted acceptable offers (proposals). If, in any paired comparison, the offeror with the higher expected value also has the lower price, then the Contracting Officer will consider that offeror to represent the better overall value. If the offeror with the higher expected value has the higher price, then the Contracting Officer will decide whether the difference in expected value is worth the difference in price. If the Contracting Officer decides that it is, then they will consider the offeror with the higher expected value and the higher price to represent the better overall value. If not, then the Contracting Officer will consider the offeror(s) with the lower expected value and the lower price to represent the better value. The Contracting Officer will continue to make paired comparisons in this way until they have identified the best overall value.

Pursuant to FAR Subpart 52.215-1 Instructions to Offerors - Competitive Acquisition, the Contracting Officer reserves the right to award without discussion to the source(s) whose offer is the most advantageous to the Government, price and other factors considered.




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