Federal
Committee on Registered Apprenticeship Marketing
[ X ] Request for Proposal, [ ] Invitation for Bid.
Proposals/Bids must be received by the Government no later than the local time on the Due Date
stated in the table below. Potential offerors/bidders are asked to complete and submit a
proposal/bid intent form .
See Section L (Section C if SF 1449 is used) for proposal/bid instructions .
ALL AMENDMENTS TO THIS SOLICITATION WILL BE MADE AVAILABLE THROUGH GOVERNMENT HOMEPAGE AT
http://www.doleta.gov/sga/.
IT IS THE OFFEROR'S RESPONSIBILITY TO CHECK THIS SITE PERIODICALLY FOR OFFICIAL UPDATES/AMENDMENTS
TO THE SOLICITATION.
Offerors are encouraged to read the entire Solicitation by scrolling downward. The Solicitation
includes all pertinent technical sections imbedded in the document as well as the terms, conditions
and instructions required for submitting a proposal. For your convenience, the pertinent technical
sections of the Solicitation have also been linked directly below in (WordProcessing format and
Adobe PDF format):
Sections B, C, F, L, and M
SOLICITATION, OFFER AND AWARD
1. THIS CONTRACT IS A RATED ORDER
UNDER DPAS (15 CFR 700)
RATING
N/A
PAGE OF PAGES
1
|
2. CONTRACT NUMBER
3. SOLICITATION NUMBER
RFP-DCS-01-16
4. TYPE OF SOLICITATION
SEALED BID (IFB)
X
NEGOTIATED (RFP)
5. DATE ISSUED
February 9, 2001
6. REQUISITION/PURCHASE NUMBER
7. ISSUED BY
CODE
U.S. Department of Labor, ETA/OGCM
Division of Contract Services
200 Constitution Avenue, NW
Room C-4310
Washington DC 20210
8. ADDRESS OFFER TO (If other than Item 7)
NOTE: In sealed bid solicitations
"offer" and "offeror" mean "bid" and "bidder".
SOLICITATION
9. Sealed offers in original and
See L.8 copies for furnishing the supplies or services in the Schedule will be received at the place specified
in Item 6, or if hand carried, in the depository located in
Item 7 until
2:00 p.m. (Hour) local time
March 16, 2001 (Date) .
CAUTION - LATE Submissions, and Withdrawals: See Section L, Provision No.
52.214-7 or 52.215-1. All Offers are subject to all terms and conditions contained in this solicitation.
10. FOR INFORMATION CALL:
A. NAME
Chari A. Magruder
B. TELEPHONE (NO COLLECT CALLS)
C. E-MAIL ADDRESS
cmagruder@doleta.gov
AREA CODE
|
NUMBER
|
EXT.
11. TABLE OF CONTENTS See Attached Table of Contents
(X)
SEC.
DESCRIPTION
PAGE(S)
(X)
SEC.
DESCRIPTION
PAGE(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.
DATE
AMENDMENT NO.
DATE
15A.
NAME AND ADDRESS OF
OFFEROR
CODE
FACILITY
16. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER
(Type or print)
15B. TELEPHONE NUMBER
15C. CHECK IF REMITTANCE ADDRESS IS DIFFERENT FROM ABOVE - ENTER SUCH ADDRESS IN SCHEDULE
17. SIGNATURE
18. OFFER DATE
AREA CODE
|
NUMBER
|
EXT.
AWARD (To be completed by Government)
19. ACCEPTED AS TO ITEMS NUMBERED
20. AMOUNT
21. ACCOUNTING AND APPROPRIATION
22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:
10 U.S.C. 2304(a) (
)
41 U.S.C. 252(c) (
)
23. SUBMIT INVOICES TO ADDRESS SHOWN IN
(4 copies unless otherwise specified)
ITEM
24. ADMINISTERED BY (If other than Item 7)
CODE
U.S. Department of Labor, ETA
200 Constitution Avenue, NW
Room
Washington DC 20210
25. PAYMENT WILL BE MADE BY
CODE
U.S. Department of Labor, ETA/OC
Division of Accounting
200 Constitution Avenue, NW
Room N-4702
Washington DC 20210
26. NAME OF CONTRACTING OFFICER (Type or print)
27. UNITED STATES OF AMERICA
(Signature of Contracting Officer)
28. AWARD DATE
IMPORTANT - Award will be made on this Form, or on
Standard Form 26, or by other authorized written notice.
STANDARD FORM 33 (REV. 9-97)
TABLE OF CONTENTS PAGE
SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS . . . . . . . . . . . . B-1
SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK . . . . . . . . C-1
C.1 BACKGROUND . . . . . . . . . . . . . . . . . . . . . . . . . . . C-1
C.2 PURPOSE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . C-1
C.3 TASKS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . C-2
C.4 SPECIAL REQUIREMENTS . . . . . . . . . . . . . . . . . . . . . . C-5
SECTION D - PACKAGING AND MARKING. . . . . . . . . . . . . . . . . . . . D-1
[For this Solicitation, there are NO clauses in this Section] . . . . D-1
SECTION E - INSPECTION AND ACCEPTANCE. . . . . . . . . . . . . . . . . . E-1
E.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE . . . E-1
52.246-5 INSPECTION OF APR 1984. . E-1
SERVICES--COST-REIMBURSEMENT
SECTION F - DELIVERIES OR PERFORMANCE. . . . . . . . . . . . . . . . . . F-1
F.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE . . . F-1
52.242-15 STOP-WORK ORDER AUG 1989. . F-1
ALTERNATE I (APR 1984)
F.2 PERIOD OF PERFORMANCE . . . . . . . . . . . . . . . . . . . . . F-1
F.3 LEVEL OF EFFORT . . . . . . . . . . . . . . . . . . . . . . . . F-1
F.4 REPORTS/DELIVERABLES. . . . . . . . . . . . . . . . . . . . . F-1
SECTION G - CONTRACT ADMINISTRATION DATA . . . . . . . . . . . . . . . . G-1
G.1 IDENTITY AND AUTHORITY OF THE CONTRACTING OFFICER'S . . . . . . G-1
REPRESENTATIVE (GOVERNMENT AUTHORIZED REPRESENTATIVE)
G.2 INVOICE REQUIREMENTS. . . . . . . . . . . . . . . . . . . . . . G-1
G.3 METHOD OF PAYMENT . . . . . . . . . . . . . . . . . . . . . . . G-3
SECTION H - SPECIAL CONTRACT REQUIREMENTS. . . . . . . . . . . . . . . . H-1
H.1 BUDGET LINE ITEM FLEXIBILITY. . . . . . . . . . . . . . . . . . H-1
H.2 FRINGE BENEFITS . . . . . . . . . . . . . . . . . . . . . . . . H-1
H.3 VACATIONS, SICK-LEAVE HOLIDAYS. . . . . . . . . . . . . . . . . H-1
H.4 TRAVEL AND PER DIEM . . . . . . . . . . . . . . . . . . . . . . H-2
H.5 USE OF AND PAYMENT TO CONSULTANTS . . . . . . . . . . . . . . . H-3
H.6 UNEMPLOYMENT INSURANCE COST . . . . . . . . . . . . . . . . . . H-3
H.7 ACCOUNTING AND AUDITING SERVICES. . . . . . . . . . . . . . . . H-3
H.8 PRINTING. . . . . . . . . . . . . . . . . . . . . . . . . . . . H-4
H.9 KEY PERSONNEL . . . . . . . . . . . . . . . . . . . . . . . . . H-4
H.10 CONTRACT NUMBER IDENTIFICATION. . . . . . . . . . . . . . . . . H-5
H.11 SUBMISSION OF CORRESPONDENCE. . . . . . . . . . . . . . . . . . H-5
H.12 OTHER CONTRACTORS . . . . . . . . . . . . . . . . . . . . . . . H-5
H.13 LAWS APPLICABLE . . . . . . . . . . . . . . . . . . . . . . . . H-5
H.14 DISPOSITION OF MATERIAL . . . . . . . . . . . . . . . . . . . . H-5
H.15 NONDISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITIES. . . . . . H-6
H.16 FEDERAL REPORTS . . . . . . . . . . . . . . . . . . . . . . . . H-6
H.17 DISCLOSURE OF CONFIDENTIAL INFORMATION. . . . . . . . . . . . . H-6
H.18 ELIMINATION OF SEXIST LANGUAGE AND ART WORK . . . . . . . . . . H-7
H.19 HAZARDOUS OCCUPATION ORDERS . . . . . . . . . . . . . . . . . . H-8
H.20 INSURANCE REQUIREMENTS (FAR-Subpart 28.3) . . . . . . . . . . . H-8
H.21 DATA COLLECTION FOR THE DEPARTMENT OF LABOR . . . . . . . . . . H-9
H.22 PERFORMANCE STANDARDS . . . . . . . . . . . . . . . . . . . . . H-9
H.23 RESTRICTION ON USE OF DOL FUNDS FOR LOBBYING. . . . . . . . . . H-9
TABLE OF CONTENTS PAGE
H.24 PUBLICATION OF MATERIALS. . . . . . . . . . . . . . . . . . . . H-10
H.25 OPTION TO EXTEND THE TERMS OF THE CONTRACT - SERVICE . . . . . . H-10
(FAR 17.208(g))
H.26 INDIRECT COSTS . . . . . . . . . . . . . . . . . . . . . . . . . H-11
PART II - CONTRACT CLAUSES. . . . . . . . . . . . . . . . . . . . . . . I-1
SECTION I - CONTRACT CLAUSES . . . . . . . . . . . . . . . . . . . . . I-1
I.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE . . . I-1
52.202-1 DEFINITIONS OCT 1995. . I-1
52.203-3 GRATUITIES APR 1984. . I-1
52.203-5 COVENANT AGAINST CONTINGENT FEES APR 1984. . I-1
52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO JUL 1995. . I-1
THE GOVERNMENT
52.203-7 ANTI-KICKBACK PROCEDURES JUL 1995. . I-1
52.203-8 CANCELLATION, RESCISSION, AND RECOVERY JAN 1997. . I-1
OF FUNDS FOR ILLEGAL OR IMPROPER
ACTIVITY
52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR JAN 1997. . I-1
IMPROPER ACTIVITY
52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE JUN 1997. . I-1
CERTAIN FEDERAL TRANSACTIONS
52.204-4 PRINTED OR COPIED DOUBLE-SIDED AUG 2000. . I-1
ON RECYCLED PAPER
52.209-6 PROTECTING THE GOVERNMENT'S INTEREST JUL 1995. . I-1
WHEN SUBCONTRACTING WITH CONTRACTORS
DEBARRED, SUSPENDED, OR PROPOSED FOR
DEBARMENT
52.215-2 AUDIT AND RECORDS--NEGOTIATION JUN 1999. . I-1
52.215-8 ORDER OF PRECEDENCE--UNIFORM CONTRACT OCT 1997. . I-1
FORMAT
52.216-7 ALLOWABLE COST AND PAYMENT MAR 2000. . I-1
52.216-8 FIXED-FEE MAR 1997. . I-1
52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE JUL 1996. . I-1
52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS OCT 2000. . I-1
52.219-14 LIMITATIONS ON SUBCONTRACTING DEC 1996. . I-1
52.222-3 CONVICT LABOR AUG 1996. . I-1
52.222-21 PROHIBITION OF SEGREGATED FACILITIES FEB 1999. . I-1
52.222-26 EQUAL OPPORTUNITY FEB 1999. . I-1
52.222-35 AFFIRMATIVE ACTION FOR DISABLED VETERANS APR 1998. . I-1
AND VETERANS OF THE VIETNAM ERA
52.222-36 AFFIRMATIVE ACTION FOR WORKERS WITH JUN 1998. . I-1
DISABILITIES
52.222-37 EMPLOYMENT REPORTS ON DISABLED VETERANS JAN 1999. . I-2
AND VETERANS OF THE VIETNAM ERA
52.223-6 DRUG-FREE WORKPLACE JAN 1997. . I-2
52.225-13 RESTRICTIONS ON CERTAIN FOREIGN JUL 2000. . I-2
PURCHASES
52.227-1 AUTHORIZATION AND CONSENT JUL 1995. . I-2
52.227-2 NOTICE AND ASSISTANCE REGARDING PATENT AUG 1996. . I-2
AND COPYRIGHT INFRINGEMENT
52.228-7 INSURANCE--LIABILITY TO THIRD PERSONS MAR 1996. . I-2
52.232-17 INTEREST JUN 1996. . I-2
52.232-20 LIMITATION OF COST APR 1984. . I-2
52.232-23 ASSIGNMENT OF CLAIMS JAN 1986. . I-2
TABLE OF CONTENTS PAGE
52.232-33 PAYMENT BY ELECTRONIC FUNDS--CENTRAL MAY 1999. . I-2
CONTRACTOR REGISTRATION
52.233-1 DISPUTES DEC 1998. . I-2
ALTERNATE I (DEC 1991)
52.233-3 PROTEST AFTER AWARD AUG 1996. . I-2
ALTERNATE I (JUN 1985)
52.242-1 NOTICE OF INTENT TO DISALLOW COSTS APR 1984. . I-2
52.242-3 PENALTIES FOR UNALLOWABLE COSTS OCT 1995. . I-2
52.242-4 CERTIFICATION OF FINAL INDIRECT COSTS JAN 1997. . I-2
52.242-13 BANKRUPTCY JUL 1995. . I-2
52.243-2 CHANGES--COST REIMBURSEMENT AUG 1987. . I-2
ALTERNATE I (APR 1984)
52.244-2 SUBCONTRACTS AUG 1998. . I-2
ALTERNATE II (AUG 1998)
52.244-5 COMPETITION IN SUBCONTRACTING DEC 1996. . I-2
52.244-6 SUBCONTRACTS FOR COMMERCIAL ITEMS AND OCT 1998. . I-2
COMMERCIAL COMPONENTS
52.246-25 LIMITATION OF LIABILITY--SERVICES FEB 1997. . I-2
52.249-6 TERMINATION (COST-REIMBURSEMENT) SEP 1996. . I-2
52.249-14 EXCUSABLE DELAYS APR 1984. . I-2
52.253-1 COMPUTER GENERATED FORMS JAN 1991. . I-2
I.2 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999) . . . . . . . . I-2
I.3 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT . . . . . . I-2
(MAR 2000)
I.4 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) . . . . I-3
I.5 52.232-25 PROMPT PAYMENT (JUN 1997) . . . . . . . . . . . . . I-3
I.6 52.219-14 LIMITATIONS ON SUBCONTRACTING (DEC 1996). . . . . . I-8
PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS . . . . . . J-1
SECTION J - LIST OF ATTACHMENTS. . . . . . . . . . . . . . . . . . . . . J-1
J.1 CONTRACT PRICING PROPOSAL COVER SHEET, SF 1411, (1 PAGE) . . . J-1
J.2 COST AND PRICE ANALYSIS, ETA 8555, (8 PAGES) . . . . . . . J-1
J.3 STATEMENT OF FINANCIAL CAPABILITY, ETA 8554, (2 PAGES). . . . J-1
J.4 COST CONTRACTOR'S INVOICE, ETA 3100-1 (1 PAGE). . . . . . . . J-1
J.5 COST CONTRACTOR'S DETAILED STATEMENT OF COST, ETA 3-2 . . . . J-1
J.6 VETS-100 - FEDERAL CONTRACTOR VETERANS EMPLOYMENT REPORT,. . . J-1
J.7 PAST PERFORMANCE REFERENCE INFORMATION (2 PAGES) . . . . . . . J-1
J.8 PAST PERFORMANCE EVALUATION QUESTIONNAIRE (2 PAGES) . . . . . J-1
J.9 ORAL PRESENTATION EVALUATION QUESTIONNAIRE (2 PAGES) . . . . . J-1
PART IV - REPRESENTATIONS AND INSTRUCTIONS . . . . . . . . . . . . . . K-1
SECTION K - REPRESENTATIONS, CERTIFICATIONS AND . . . . . . . . . . . . K-1
OTHER STATEMENTS OF OFFERORS
K.1 NOTICE LISTING SOLICITATION PROVISIONS INCORPORATED . . . . . . K-1
BY REFERENCE
52.203-11 CERTIFICATION AND DISCLOSURE REGARDING APR 1991. . K-1
PAYMENTS TO INFLUENCE CERTAIN FEDERAL
TRANSACTIONS
K.2 52.204-3 TAXPAYER IDENTIFICATION (OCT 1998) . . . . . . . . . K-1
K.3 52.209-5 CERTIFICATION REGARDING DEBARMENT, SUSPENSION,. . . . K-3
PROPOSED DEBARMENT, AND OTHER RESPONSIBILITY MATTERS
(MAR 1996)
TABLE OF CONTENTS PAGE
K.4 52.215-6 PLACE OF PERFORMANCE (OCT 1997) . . . . . . . . . . . K-4
K.5 52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS. . . . . . . . K-5
(OCT 2000)
K.6 52.222-22 PREVIOUS CONTRACTS AND COMPLIANCE REPORTS. . . . . . K-7
(FEB 1999)
K.7 52.222-25 AFFIRMATIVE ACTION COMPLIANCE (APR 1984). . . . . . K-7
K.8 SIGNATURE BLOCK . . . . . . . . . . . . . . . . . . . . . . . . K-8
SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS. . . . . . L-1
L.1 NOTICE LISTING SOLICITATION PROVISIONS INCORPORATED . . . . . . L-1
BY REFERENCE
52.215-1 INSTRUCTIONS TO OFFERORS--COMPETITIVE NOV 1999. . L-1
ACQUISITION
ALTERNATE I (OCT 1997)
52.215-16 FACILITIES CAPITAL COST OF MONEY OCT 1997. . L-1
52.222-24 PREAWARD ON-SITE EQUAL OPPORTUNITY FEB 1999. . L-1
COMPLIANCE EVALUATION
52.225-10 NOTICE OF BUY AMERICAN ACT--BALANCE OF FEB 2000. . L-1
PAYMENTS PROGRAM REQUIREMENT--
CONSTRUCTION MATERIALS
52.232-28 INVITATION TO PROPOSE PERFORMANCE-BASED MAR 2000. . L-1
PAYMENTS
L.2 52.215-1 INSTRUCTIONS TO OFFERORS--COMPETITIVE . . . . . . . . L-1
ACQUISITION (NOV 1999)
ALTERNATE I (OCT 1997)
L.3 52.216-1 TYPE OF CONTRACT (APR 1984). . . . . . . . . . . . . L-5
L.4 52.233-2 SERVICE OF PROTEST (AUG 1996). . . . . . . . . . . . L-6
L.5 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY . . . . . . . L-6
REFERENCE (FEB 1998)
L.6 PAST PERFORMANCE. . . . . . . . . . . . . . . . . . . . . . . . L-7
L.7 ORAL PRESENTATION SECTION . . . . . . . . . . . . . . . . . . . L-8
L.8 SUBMISSION OF PROPOSAL. . . . . . . . . . . . . . . . . . . . . L-11
L.9 LETTERS OF COMMITMENT - KEY PERSONNEL, (OCT 2000) . . . . . . . L-14
L.10 CONFIRMATION OF PROPOSED KEY PERSONNEL (OCT 2000) . . . . . . . L-14
L.11 SPECIAL REQUIREMENTS . . . . . . . . . . . . . . . . . . . . . . L-15
L.12 REQUEST FOR CLARIFICATION (RFC) . . . . . . . . . . . . . . . . L-15
SECTION M - EVALUATION FACTORS FOR AWARD . . . . . . . . . . . . . . . . M-1
M.1 NOTICE LISTING SOLICITATION PROVISIONS INCORPORATED . . . . . . M-1
BY REFERENCE
52.217-3 EVALUATION EXCLUSIVE OF OPTIONS APR 1984. . M-1
M.2 BASIS FOR AWARD (BEST VALUE) . . . . . . . . . . . . . . . . . M-1
M.3 EVALUATION CRITERIA AND BASIS FOR AWARD (BEST VALUE). . . . . . M-2
M.4 DETERMINING BEST OVERALL VALUE. . . . . . . . . . . . . . . . . M-6
A-6
RFP-DCS-01-16 Section B
PART I - THE SCHEDULE
SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS
SERVICES ORDERED
Title: "Federal Committee on Registered Apprenticeship
The Department of Labor, Employment and Training Administration
(DOL/ETA), is soliciting proposals to select a contractor to assist in
the design, implementation, and evaluation of an Apprenticeship
Marketing Outreach Pilot Project. The purpose of the pilot project is
to (1) help identify occupational areas which have the greatest growth
potential, have skill shortages, and those industries that would be
interested in utilizing the American Registered Apprenticeship model to
address their skilled shortage needs; (2) assist the Bureau of
Apprenticeship Training/Office of Apprenticeship Training, Employer,
and Labor Services and the Federal Committee on Registered
Apprenticeship to identify which industries best lend themselves to
being able to accommodate apprentices that are dislocated, disabled,
and disadvantaged; and (3) identify a consultant-expert on the
"employability of persons with disabilities."
Solicitation No. is RFP-DCS-01-16.
Period of Performance is eighteen (18) months from the date of contract
execution by the government, plus three 1-year options to extend at the
discretion of the government.
This solicitation is a 100% Small Business Set-Aside.
The North American Industry Classification System Code is 541611, with
a $5 million size standard.
A cost reimbursement type contract is contemplated for this
requirement.
Closing time and date are March 16, 2001, at 2:00 p.m. local time.
REQUESTS FOR CLARIFICATION (RFC) MUST BE RECEIVED NO LATER THAN 5:00 PM
LOCAL TIME FEBRUARY 22, 2001.
Only electronic submission of requests will be accepted. They shall be
submitted to Ms. Chari A. Magruder at http://www.cmagruder@doleta.gov.
Should any RFC be received after the date stated above, the Government
reserves the right not to provide an answer. If, however, the
Government determines that the RFC raises an issue of significant
importance, the government will respond electronically.
The Government will not provide any information concerning requests for
B-1
RFP-DCS-01-16 Section B
clarifications in response to telephone calls from offerors. All
requests will be answered electronically and will be available to all
offerors at the DOLETA Internet site (http://www.doleta.gov/sga/).
Please be advised that it is the sole responsibility of the offeror to
continually view the website for any amendments to this solicitation.
B-2
RFP-DCS-01-16 Section C
SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK
C.1 BACKGROUND
The American Registered Apprenticeship System is a proven strategy that
produces highly skilled workers who meet the demands of employers
competing in a highly global economy. The system can also effectively
meet the needs of employers who are seeking a qualified pool of skilled
workers, especially in newly emerging and expanding industries and
occupations. Often these employers have limited knowledge of
registered apprenticeship, and therefore, are not utilizing the system
to meet their skilled workplace needs.
Using the existing industries as a point of departure, the time has
come to re-evaluate the current marketing strategy, seek out critical
information from one of our primary customers, "the sponsor," and
create a plan that addresses the very essence of the country today,
growth in newly emerging markets. This growth and the need for skilled
labor, particularly in health care, child care, information technology,
and telecommunications industries, for example, present new
opportunities that have not been fully explored by the American
Registered Apprenticeship System. Also, at this time it is essential
that new approaches incorporate bringing the dislocated worker, the
under-served, and under-represented populations into the system such as
the disabled and disadvantaged.
The Federal Committee On Registered Apprenticeship (FCRA) recommends
that the U.S. Secretary of Labor initiate a marketing outreach strategy
that builds on the successful Registered Apprenticeship Awareness
Initiative, continues to promote registered apprenticeship through
outreach to the dislocated worker, employers, educators, community
organizations, Workplace Investment Boards, governmental entities, and
formalizes the month of October as the annual Registered Apprenticeship
Month.
C.2 PURPOSE
The Bureau of Apprenticeship Training/Apprenticeship Training,
Employer, and Labor Services (BAT/ATELS) in collaboration with the
aforementioned FCRA is seeking a contractor to assist in the
development, design, implementation, and evaluation of an
Apprenticeship Marketing Outreach Pilot Project. The successful
contractor will be expected to help identify occupational areas which
have the greatest growth potential, have skill shortages, and those
industries that would be interested in utilizing the American
Registered Apprenticeship model to address their skilled shortage
needs. The contractor will be expected to assist BAT/ATELS and the
FCRA to identify which industries best lend themselves to being able to
accommodate apprentices that are dislocated, disabled, and
C-1
RFP-DCS-01-16 Section C
disadvantaged. Toward that end, the contractor will identify a
consultant-expert on the "employability of persons with disabilities."
This consultant-expert will be expected to provide training to enable
selected BAT/ATELS staff to sharpen their awareness to the unique
concerns faced by persons with disabilities, and to develop training
materials both written and electronic for use by the apprenticeship
community. Further, the contractor is expected to be engaged in
assisting BAT/ATELS to test and perhaps to redesign pre-existing
outreach materials (i.e., brochures, videos, CD-ROM's, posters,
slogans, web sites, etc.), to determine their real market value. Also,
the contractor will be expected to conduct a series of Focus Group
Discussions with employers, union representatives, and other
stakeholders and partners across the country working in the target
industries previously mentioned to promote training and job
opportunities for the displaced worker, the disadvantaged, and the
disabled.
C.3 TASKS
There are many tasks which are required to insure the success of this
Pilot Demonstration Project. A few of the more salient ones are:
Task One: Meet with principals from BAT/ATELS to develop a timetable,
processes, milestones, and outreach strategies for executing the
contract;
Task Two: The contractor will prepare a summary of the preliminary
meeting which clearly delineates the major essential action items
agreed upon, and the dates for key events, and the need for
coordination. (Copies are to be sent to all who were present at the
meeting);
Task Three: Plan, design, facilitate and evaluate no less than four
Focus Group Discussions with employers, union representatives, and
interested stakeholders and partners from around the country who are
working in those industries previously identified as target industries
for this project;
Task Four: Prepare an assessment of each Forum which captures the
essence of the meeting, and compile a joint comprehensive assessment of
the conclusions and information coming out from all of the Forums;
Task Five: As a result of research conducted, and the information
gathered from the Forums, identify the skill sets and qualifications
necessary to work in the specific industries previously discussed.
Particular emphasis is to be placed on determining those industries and
skill sets most adaptable to placing dislocated workers, the disabled,
and disadvantaged populations in registered apprenticeship programs. In
that regard, the contractor will identify and select a
consultant-expert knowledgeable in the unique concerns and requirements
of persons with disabilities that are seeking training and/or
employment. The consultant-expert will be expected to provide
training to enable selected BAT/ATELS staff to sharpen their awareness
to the unique concerns faced by persons with disabilities, and to
develop training materials both written and electronic for use by the
apprenticeship community.
C-2
RFP-DCS-01-16 Section C
Task Six: Assess current efforts, test market pre-existing marketing
materials, as well as materials under development for Registered
Apprenticeship Awareness Initiatives and make recommendations for
enhancements and greater outreach;
Task Seven: Identify those areas (industries) which appear to have the
greatest potential for growth, have current skilled labor shortages,
and those that would be interested in utilizing the dislocated worker,
and the American Apprenticeship System to address their skilled
shortage needs;
Task Eight: Once new or redesigned outreach marketing materials have
been produced, retest the marketability of those materials utilizing a
larger audience of youth, dislocated workers, apprenticeship sponsors,
potential sponsors, stakeholders, and partners in order to determine if
there has been an increased request for the materials, and if the
materials have generated larger numbers of apprenticeship sponsors;
Task Nine: No later than September 1, 2001, assist BAT/ATELS in
launching a Mass Marketing Campaign with the major intention of
increasing the number of Registered Apprenticeship Programs in newly
emerging markets, as well as those industries which are adaptable for
disadvantaged and disabled populations desiring career enhancement
through registered apprenticeship opportunities;
Task Ten: The contractor will set aside $75,000 in the contract budget
for the specific purpose of utilizing those monies to purchase and
distribute marketing outreach materials already developed, and to
redesign, or create new marketing outreach materials which are to be
distributed widely, and test marketed.
Task Eleven: As a result of the implementation of the Workforce
Investment Act of 1998, and the Congressionally mandated reorganization
of ETA, BAT/ATELS has been directed to put in place a Division of
Employer and Labor Liaison (ELL). Staff in this division will provide
outreach to employers, employer associations, unions and
labor/management organizations. Further, the ELL function will be
implementing a strategy that will provide a coherent and cross cutting
approach to outreach and recruitment that builds partnerships involving
public, private, and non-profit sectors to address the employment and
training needs of various participants (i.e., women, minorities, the
disabled, the disadvantaged, and other dislocated workers), communities
and employers.
The specific goal is to increase the level and number of employers and
labor organizations actively engaged in building, supporting, and using
the Workforce Delivery System; to maximize employer and labor
satisfaction rates with workforce delivery system product lines and
services; and develop and implement a national and regional marketing
strategy of America's Workforce Network targeted to employers, employer
associations, labor, and labor management organizations. The
aforementioned ELL will serve to facilitate communication among State
and local Workforce Investment Boards, One- Stop Centers, and other
workforce development stakeholders, assuring customer input and
feedback for continuous improvement. In that regard, BAT/ATELS desires
C-3
RFP-DCS-01-16 Section C
the assistance of the contractor to coordinate the new cross product
line marketing effort which includes support at both the national and
regional levels to increase the participation by employer and labor
organizations in the workforce development system.
Toward that end, the contractor will be expected to :
> Assist with the development and implementation of a strategy for
outreach and recruitment that builds employer partnerships to address
the employment and training needs of workers, communities, and
employers through the workforce development system;
> Assist in increasing the number of national employers actively
engaged in building, supporting and using the workforce delivery
system. The contractor will work with ATELS and its ELL to research
and identify target industries and companies for National Employer
Partnerships (NEP);
> Work with the ELL to leverage relationships already established with
the Job Corps' National Employer Partners (i.e., the contractor and the
ELL would introduce and involve the NEP's with the larger workforce
development system, including One-Stops, Workforce investment Boards,
and other workforce development stakeholders);
> Assist ATELS to develop a national marketing strategy about America's
Workforce Network that is targeted to employers;
> Develop a brochure that communicates a cohesive and strategically
effective message to employers;
Specific Subtasks for Task #Eleven:
#1 Develop in partnership with ATELS, a strategy for outreach and
recruitment that builds employer partnerships to address the employment
and training needs of workers, communities, and employers through
workforce development systems. This strategy will include research
about targeted industries for potential National Employer Partnerships
(NEP) with ATELS;
#2-Build on the standard National Employer Partnership agreement
developed for the National Office of Job Corps, and adapt it for
targeted NEP's of ATELS;
#3-Utilize the research and strategy developed in task #1, perform
outreach to targeted industries and employers,...obtain no less than
two (2) National Employer Partners for ATELS;
#4-Develop customized implementation plans for each new ATELS NEP.
This plan will delineate how to introduce and involve the ATELS NEP
with the larger workforce development system, including One-Stops,
Workforce investment Boards, and other key stakeholders....and
customize communications plans for each NEP to insure effective
communication within ETA and to key stakeholders, and within the
employer organization;
C-4
RFP-DCS-01-16 Section C
#5-Assist ATELS in developing a national marketing strategy about
America's Workforce Network that is targeted to employers, including a
brochure that communicates a cohesive and strategically effective
message to employers;
#6-Attend a planning meeting with BAT/ATELS staff and the COTR to
discuss the expectations associated with this portion of the
procurement.
Note: BAT/ATELS expects that subtasks # 1 and # 2 will be completed by
September 30, 2001.
Task Twelve: The contractor will coordinate, manage, and evaluate all
phases of contract activity associated with this procurement, and
report to the Project Manager any concerns that may compromise or will
hinder the purpose of this Pilot and Demonstration Grant.
C.4 SPECIAL REQUIREMENTS
The key personnel positions and their required time commitment are
listed as follows:
SENIOR PROJECT MANAGER--One who has demonstrated both knowledge and
experience in Data Analysis, Evaluation, and Research Type Projects.
Further one who has demonstrated the ability to manage hybrid, and or
diverse projects, as well as staff with varied backgrounds and
specialty skill-sets. Time Commitment - 40% to 50%.
Assistant Project Manager for Marketing Outreach (i.e., must have
subject matter knowledge, skills and abilities in marketing). Time
Commitment - Full Time.
Assistant Project Manager for Persons With Disabilities Outreach
Marketing/Job Matches (i.e., must have demonstrated knowledge, skills
and abilities in working for or on behalf of persons with disabilities
to address their training and employment needs). Time Commitment -
between 70% and Full Time.
Note: Both Assistant Project Managers will report directly to the
Senior Project Manager.
C-5
RFP-DCS-01-16 Section D
SECTION D - PACKAGING AND MARKING
[For this Solicitation, there are NO clauses in this Section]
D-1
RFP-DCS-01-16 Section E
SECTION E - INSPECTION AND ACCEPTANCE
E.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE
The following contract clauses pertinent to this section are
hereby incorporated by reference (by Citation Number, Title, and
Date) in accordance with the clause at FAR "52.252-2 CLAUSES
INCORPORATED BY REFERENCE" in Section I of this contract. See FAR
52.252-2 for an internet address (if specified) for electronic
access to the full text of a clause.
NUMBER TITLE DATE
52.246-5 INSPECTION OF APR 1984
SERVICES--COST-REIMBURSEMENT
E-1
RFP-DCS-01-16 Section F
SECTION F - DELIVERIES OR PERFORMANCE
F.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE
The following contract clauses pertinent to this section are
hereby incorporated by reference (by Citation Number, Title, and
Date) in accordance with the clause at FAR "52.252-2 CLAUSES
INCORPORATED BY REFERENCE" in Section I of this contract. See FAR
52.252-2 for an internet address (if specified) for electronic
access to the full text of a clause.
NUMBER TITLE DATE
52.242-15 STOP-WORK ORDER AUG 1989
ALTERNATE I (APR 1984)
F.2 PERIOD OF PERFORMANCE
The period of performance shall be eighteen (18) months from the date
of contract execution, plus three 1-year options to extend at the
discretion of the government.
F.3 LEVEL OF EFFORT
The level of effort for this project is estimated at between 10 and 12
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 be responsible for submission of reports and
deliverables as described in Section C.3 of the solicitation.
F-1
RFP-DCS-01-16 Section G
SECTION G - CONTRACT ADMINISTRATION DATA
G.1 IDENTITY AND AUTHORITY OF THE CONTRACTING OFFICER'S
REPRESENTATIVE (GOVERNMENT AUTHORIZED REPRESENTATIVE)
(A) The authorized representative of the Contracting Officer is TBD
whose authority to act on behalf of the Contracting Officer is
limited to the extent set forth in (B) below. Under no
circumstances is the Government Authorized Representative (GAR)
authorized to sign any contractual documents or approve any
alteration to the contract involving a change in the scope, price,
terms or conditions of the contract or order.
(B) The Government Authorized Representative is authorized to:
(1) Monitor and inspect Contractor's performance to ensure
compliance of the scope of work.
(2) Make determinations relative to satisfactory or
unsatisfactory performance, including acceptance of all work
performed and/or all products produced under the terms of the
contract.
(3) Review and approve invoices.
(4) Review and approve Contractor's project staff as may be
called for on the contract.
(5) Recommend program changes to the Contracting Officer as a
result of monitoring or as may be requested by the Contractor.
(6) Review, coordinate changes or corrections, if any, and
accept all reports (including any final reports) required under the
contract.
G.2 INVOICE REQUIREMENTS
Contractor will prepare and submit proper invoices (as defined in C
below) in accordance with the criteria outlined below. (Also, see
Clause 52.232-8 "Discount for Prompt Payment", contained in Section
I of the contract.):
A. (1) If the contract is a cost-reimbursement type contract,
the contractor will submit three (3) ink- signed copies of the
invoice, Cost Contractor's Invoice, (ETA 3100-1), together with a
detailed report of expenditures, Cost Contractor's Detailed
Statement of Costs (ETA 3-2), to the Government Authorized
Representative (GAR), U.S. Department of Labor, not more frequently
than monthly, unless otherwise so authorized in the contract.
G-1
RFP-DCS-01-16 Section G
(2) If the contract is a fixed-price type contract, the
contractor may submit SF-1034, Public Voucher, or the equivalent
thereto; i.e., contractor's own invoice, in lieu of the forms
described in A(l) above.
(3) Invoices should be submitted to the individual listed
below:
TBD
U.S. Department of Labor, ETA
200 Constitution Avenue, NW, Room TBD
Washington, D.C. 20210
B. The Detailed Report of Expenditures (ETA 3-2) submitted with the
Invoice (ETA 3100-1) must include the same budget line items or cost
categories as appears in the contract, including any modifications
thereto.
C. To constitute a proper invoice, the invoice, must include the
following information and/or attached documentation:
(1) Name and address of the Contractor;
(2) Invoice date;
(3) Contract number or other authorization for supplies
delivered or services performed (including order number and contract
line item number).
(4) Description, quantity, unit of measure, unit price, and
extended price of supplies delivered or services performed.
(5) Shipping and payment terms (e.g., shipment number and date
of shipment, prompt payment discount terms. Bill of lading number
and weight of shipment will be shown for shipments on Government
bills of lading.
(6) Name and address of Contractor official to whom payment is
to be sent (must be the same as that in the contract or in a proper
notice of assignment).
(7) Name (where practicable), title, telephone number and
mailing address of person to be notified in event of a defective
invoice.
(8) Any other information or documentation required by other
requirements of the contract.
In addition to the above, invoices should be numbered consecutively.
All final invoices shall be clearly marked Final Invoice.
G-2
RFP-DCS-01-16 Section G
G.3 METHOD OF PAYMENT
A. Payments under this contract will be made either by check or
electronic funds transfer (through the Treasury Fedline
Communications System (FEDLINE) or the Automated Clearing House (A
H)), at the option of the Government. After award, but no later
than 14 days before an invoice or contract financing request is
submitted, the Contractor shall designate a financial institution
for receipt of electronic funds transfer payments. The contractor
shall submit this designation to the Contracting Officer or other
Government official as directed.
B. For payments through FEDLINE, the Contractor shall provide the
following information:
(1) Name, address, and telegraphic abbreviation of the
financial institution receiving payment.
(2) The American Bankers Association 9-digit identifying number
of the financing institution receiving payment if the institution
has access to the Federal Reserve Communications System.
(3) Payee's account number at the financial institution where
funds are to be transferred.
(4) If the financial institution does not have access to the
Federal Reserve Communications System, provide the name, address,
and telegraphic abbreviation of the correspondent financial
institution through which the financial institution receiving
payment obtains electronic funds transfer messages. Provide the
telegraphic abbreviation and American Bankers Association
identifying number for the correspondent institution.
C. For payments through ACH, the Contractor shall provide the
following information:
(1) Routing transit number of the financial institution
receiving payment (same as American Bankers Association identifying
number used for FEDLINE).
(2) Number of account to which funds are to be deposited.
(3) Type of depositor account ("C" for checking, "S" for
savings).
(4) If the Contractor is a new enrollee to the ACH system, a
"Payment Information Form," SF 3881, must be completed before
payment can be processed.
D. In the event the Contractor, during the performance of this
contract, elects to designate a different financial institution for
the receipt of any payment made using electronic funds transfer
procedures, notification of such change and the required information
specified above must be received by the appropriate Government
official 30 days prior to the date such change is to become
effective.
G-3
RFP-DCS-01-16 Section G
E. The documents furnishing the information required in paragraphs
B and C above must be dated and contain the signature, title, and
telephone number of the Contractor official authorized to provide
it, as well as the Contractor's name and contract number.
F. Contractor failure to properly designate a financial institution
or to provide appropriate payee bank account information may delay
payments of amounts otherwise properly due.
G. The Contractor shall forward the information required above to:
U.S. Department of Labor, ETA
Division of Accounting, Room N-4702
200 Constitution Avenue, NW
Washington, DC 20210
G-4
RFP-DCS-01-16 Section H
SECTION H - SPECIAL CONTRACT REQUIREMENTS
H.1 BUDGET LINE ITEM FLEXIBILITY
Flexibility of Direct Costs will be allowed within the Prime
Contract Budget, provided no single line item of cost shall be
increased or decreased in excess of 20 percent and provided further
that the total estimated cost of the Contract is not exceeded. This
flexibility of cost does not apply to the wages, salaries and fringe
benefits line items (including proposed changes by the Contractor in
the mixture, number of hours, wages, and/or bonus or personnel paid
under the contract) wherein no increase is permitted without the
prior review and approval by the Contracting Officer.
In contracts with OPTION TO EXTEND SERVICES provisions, this
clause is applicable to each yearly negotiated budget line item
amounts, and not the accumulated budget line item totals.
H.2 FRINGE BENEFITS
Social Security, Workers' Compensation, Unemployment Compensation
and any other fringe benefits are a normal practice of the
Contractor at the time of final negotiations for this contract and
are available to all employees. Fringe benefits from an immediate
previous employer which may be continued while employed under this
contract are an allowable cost. In no event will duplicate fringe
benefits be allowable to an individual under this contract.
H.3 VACATIONS, SICK-LEAVE HOLIDAYS
The Contractor may grant leave in accordance with its established
written policy, provided that policy is accepted by the Contracting
Officer or, in the absence of an established policy, leave may be
granted as follows:
Vacation: Maximum 2 weeks (10 working days)
Sick Leave: Maximum 2 weeks (10 working days)
Holiday: Maximum of paid holidays
Leave shall be accrued at the rate of 5/6 of 1 day per month for
each month employed. If the term of this contract is for more than
or less than 1 year, the above leave shall be adjusted accordingly.
H-1
RFP-DCS-01-16 Section H
H.4 TRAVEL AND PER DIEM
Travel policies as set forth in the Travel Regulations referred to
below are required of the Contractor and consultants hereunder.
Where the Contractor has a more restrictive travel policy than the
Federal Travel Regulations, the more restrictive requirements shall
apply.
It is the responsibility of the Contractor to authorize only such
per diem allowances as justified by the circumstances affecting the
travel. Care should be exercised to prevent fixing per diem rates
in excess of those required to meet the necessary authorized
subsistence expenses. To this end, consideration should be given to
factors which reduce the expenses of the employee such as: known
arrangements at temporary duty locations where lodging and meals may
be obtained without cost or at prices advantageous to the traveler;
established cost experience in the localities where lodging and
meals are required; situations where special rates for
accommodations have been made available for a particular meeting or
conference; the extent to which the traveler is familiar with
establishments providing lodging and meals at a lower cost in
certain localities, particularly, where repeated travel is involved;
and the use of methods of travel where sleeping accommodations are
provided as part of the transportation expenses.
All travel shall be at tourist, coach, or less than first class
unless itinerary or unavailability dictate otherwise. All temporary
duty and local area automobile travel shall be allowed as prescribed
by the applicable Travel Regulations.
Copies of applicable Travel Regulations can be obtained as follows
at a fee:
a. Federal Travel Regulations, prescribed by the General
Services Administration, for travel in the conterminous 48 United
States: Available on a subscription basis from the Superintendent
of Documents, U.S. Government Printing Office, Washington, DC
20402, Stock No. 022-001-81003-7.
b. Joint Travel Regulations, Volume 2, DoD Civilian Personnel,
Appendix A, prescribed by the Department of Defense, for travel in
Alaska, Hawaii, the Commonwealth of Puerto Rico, and territories and
possessions of the United States: Available on a subscription basis
from the Superintendent of Documents, U.S. Government Printing
Office, Washington, D.C. 20402, Stock No. 908-010-00000-1.
c. Standardized Regulations, (Government Civilians, Foreign
Areas), Section 925, "Maximum Travel Per Diem Allowances for Foreign
Areas," prescribed by the Department of State, for travel in areas
not covered in 1 and 2 above: Available on a subscription basis from
the Superintendent of Documents, U.S. Government Printing Office,
Washington, D.C. 20402, Stock No. 744-008-00000-0.
H-2
RFP-DCS-01-16 Section H
H.5 USE OF AND PAYMENT TO CONSULTANTS
(a) Consultant(s) hired to perform under this contract may be
compensated at a rate for time actually worked (e.g., amount per
day, per week, per month, etc.), or at a fixed price for performance
of a specific task, or at nominal compensation in accordance with
Contractor's policies. However, for the use and payment to
consultant(s) prior written approval must be obtained from the
Contracting Officer.
(b) The amount or rate of payment will be determined on a
case-by- case basis, taking into account (among any other relevant
factors) the relative importance of the duties to be performed, the
stature of the individual in his specialized field, comparable pay
for positions under the Classification Act or other Federal pay
systems, rates paid by private employers and rates previously paid
other experts or consultants for similar work.
(c) The contractor shall maintain a written report for the files
on the results on all consultations charged to the contract. This
report must include, as a minimum: (1) the consultant's name, dates,
hours and amounts charged to the contract; (2) the names of the
contractor's staff to whom the services are provided; and (3) the
results of the subject matter of the consultation.
H.6 UNEMPLOYMENT INSURANCE COST
Unemployment insurance costs shall be paid by the contractor as
they are incurred.
However, in the event billings for Unemployment Insurance costs
are received by the contractor after the expiration date of this
contract and the billings cover the period that this contract was
effective, the Government agrees to reimburse the contractor at the
same rate that would have been applicable had the cost been paid as
they were incurred.
H.7 ACCOUNTING AND AUDITING SERVICES
(a) Accounting
The contractor may procure and utilize such accounting services as
are required to establish and maintain an accounting system which
reflect accurate, current and complete financial transactions and
which meet the standards of the Comptroller General of the United
States and the Department of Labor.
(b) Auditing
The contractor shall audit or have audited subcontractor financial
records as may be required to determine, at a minimum, the fiscal
integrity of financial transactions and compliance with laws,
regulations and administrative requirements.
H-3
RFP-DCS-01-16 Section H
The U.S. Department of Labor shall be responsible for scheduling
all audits of the prime contractor's books, documents, papers and
records. The Department will use its own audit resources or shall
use certified or public accountants under contract or auditors from
another Federal agency.
Cost of Accounting Services and Audit of subcontractors as
described herein are allowable cost under this contract. Costs for
audits for which the U.S. Department of Labor is responsible are
unallowable.
H.8 PRINTING
Unless otherwise specified in this contract, the contractor shall
not engage in, nor subcontract for, any printing (as that term is
defined in Title 1 of the Government Printing and Binding
Regulations in effect on the effective date of this contract) in
connection with the performance of work under this contract:
provided, however, that performance of a requirement under this
contract involving the reproduction of less than 5,000 production
units of any one page or less than 25,000 production units in the
aggregate of multiple pages, will not be deemed to be printing. A
production unit is defined as one sheet, size 8 by 11 inches, one
side only, one color.
H.9 KEY PERSONNEL
The personnel specified below or in attachment to this contract
are considered to be essential to the work being performed
hereunder. Prior to diverting any of the specified individuals to
other programs, the Contractor shall notify the Contracting Officer
reasonably in advance and shall submit justification (including
proposed substitutions) in sufficient detail to permit evaluation
of the impact on the program. No diversion shall be made by the
Contractor without the written consent of the Contracting Officer;
Provided, that the Contracting Officer may ratify in writing such
diversion and such ratification shall constitute the consent of the
Contracting Officer required by this clause. The below list or
attachment to this contract may be amended from time to time during
the course of the contract to either add or delete personnel, as
appropriate.
For the purpose of this contract, the key personnel positions are
identified below as:
- Sr. Project Manager
- Asst. Project Manager for Marketing
- Outreach
- Asst. Project Manager for Persons
- Outreach Marketing/Job Matches
-
H-4
RFP-DCS-01-16 Section H
H.10 CONTRACT NUMBER IDENTIFICATION
The Contractor agrees to utilize the number of this contract on
all correspondence, communications, reports, vouchers and such other
data concerning this contract or delivered hereunder.
H.11 SUBMISSION OF CORRESPONDENCE
All correspondence relating to contractual aspects shall be
directed to the Division of Contract Services, Attention:
Contracting Officer.
H.12 OTHER CONTRACTORS
The Government may undertake or award other contracts for the
same, essentially similar, or related work, and the Contractor shall
fully cooperate with such other contractors and Government
employees. The Contractor shall not commit or permit any act which
will interfere with the performance of work by any other contractor
or by Government employees.
The foregoing paragraph shall be included in the contracts of all
Contractors with whom this Contractor will be required to cooperate.
The Government shall equitably enforce this clause as to all
contractors, to prevent the imposition of unreasonable burdens on
any contractor.
H.13 LAWS APPLICABLE
The contractor will perform its duties in accordance with the
applicable Act, and the regulations, procedures and standards
promulgated thereunder. The Contractor will comply with all
applicable Federal and State and Local laws, rules, and regulations
which deal with or relate to the employment of persons who perform
work or are trained under contract.
This contract in no way relieves the Contractor of responsibility
for compliance with the provisions of the Fair Labor Standards Act,
as amended.
H.14 DISPOSITION OF MATERIAL
Upon termination or completion of all work under this contract,
the Contractor shall prepare for shipment, deliver F0B destination,
or dispose of all materials received from the Government and all
residual materials produced in connection with the performance of
this contract as may be directed by Contracting Officer, or as
specified in other provisions of this contract. All materials
produced or required to be delivered under this contract become and
remain the property of the Government.
H-5
RFP-DCS-01-16 Section H
H.15 NONDISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITIES
(a) No person shall on the ground of race, religion, color,
handicap, national origin, sex, age, political affiliation, or
beliefs be excluded from participation in, be denied the benefits
of, or be subjected to discrimination under any program or activity
funded or otherwise financially assisted, in whole or in part with
funds made available hereunder. (b) In addition, this contract and
any subcontract hereunder is subjected to Title VI of the Civil
Rights Act of 1964 (78 Stat. 252) and the Regulations issued
thereunder and found at 29 CFR 31. The Contractor agrees that any
service, financial aid, or other benefit to be provided by it under
this contract shall be furnished without discrimination because of
race, color, sex, or national origin; and that his employment
practices shall be subject to the same restrictions to ensure
nondiscriminatory treatment of beneficiaries of assistance under the
Act.
H.16 FEDERAL REPORTS
In the event that it subsequently becomes a contractual
requirement to collect or record information calling for answers to
identical questions from 10 or more persons other than Federal
employees, or for information from Federal employees which is to be
used for statistical compilations of general public interest, the
Paperwork Reduction Act of 1980 and 5 CRF 1320 shall apply to this
contract. No plan, questionnaire, interview guide or similar device
for collecting formation (whether repetitive or single-time) may be
used without first obtaining clearance from the Office of Management
and Budget (OMB).
The contractor shall obtain the required OMB clearance through the
Project Officer before expending any funds or making public
contracts for the collection of data. The authority to expend funds
and to proceed with the collection of data shall be issued in
writing by the Contracting Officer.
H.17 DISCLOSURE OF CONFIDENTIAL INFORMATION
The Contractor agrees to maintain the confidentiality of any
information regarding applicants, project participants or their
immediate families which may be obtained through application forms,
interviews, test reports from public agencies or counselors, or any
other source. Without the permission of the applicant or
participant, such information shall be divulged only as necessary
for purposes related to the performance or evaluation of the
contract and to persons having responsibilities under the contract,
including those furnishing services to the projects under
subcontracts.
H-6
RFP-DCS-01-16 Section H
H.18 ELIMINATION OF SEXIST LANGUAGE AND ART WORK
All written materials issued by the Contractor or grantee shall
conform to the following guidelines for eliminating sexist language
and art work:
(a) Avoid the use of sex reference in job titles. Titles
should conform to the Census Bureau's occupational classification
system and the most recently published edition of the Dictionary of
Occupational Titles.
-- Longshore workers instead of longshoremen.
(b) Avoid the use of male and female gender word forms.
-- Aviator to include men and women pilots, not aviatrix.
(c) Include both sexes by using terms that refer to people as a
whole.
-- Human beings or people instead of mankind.
(d) Avoid the use of masculine and feminine pronouns or
adjectives in referring to a hypothetical person or people in
general. Change sentences such as: The average American worker
spends 2 years of his life in the workforce.
-- By rewording to eliminate unnecessary gender pronouns
and adjectives. (The average American worker spends 20 years in the
workforce.)
-- By recasting into the plural. (Most Americans spend 20
years of their lives in the workforce.)
-- By replacing the masculine or feminine pronoun or
adjective with "one", "you", "he or she", "her or him", or his or
her". (An average American spends 20 years of his or her life in
the workforce.)
(e) Refer to both men and women in such generic terms as
economist, doctor, or lawyer. Identify sex through the use of
pronouns.
-- The lawyer made her final summation.
(f) Avoid the use of stereotyped terms or expressions such as
"man-sized" job.
-- Employee-years and employee-hours (or staff-hours)
instead of man-years and man-hours.
(g) The use of art work in publications should conform to the
following guidelines:
(i) Strive to use racially and sexually balanced designs.
H-7
RFP-DCS-01-16 Section H
(ii) Depict both men and women in art work on general
subject matters.
(iii) Show men and women in a variety of roles in
photographs, illustrations, and drawings.
-- Show women and men as managers and skilled laborers.
H.19 HAZARDOUS OCCUPATION ORDERS
The Contractor shall comply with the Hazardous Occupation Orders
issued pursuant to the Fair Labor Standards Act and set forth at 20
CFR 570.50 et seq. with respect to the employment of youths under 18
years of age and the Child Labor Standards of 29 CFR 570.31 et seq.
with respect to the employment of youths aged 14 and 15.
H.20 INSURANCE REQUIREMENTS (FAR-Subpart 28.3)
In accordance with the Federal Acquisition Regulation, 48 CFR,
Clause 52.228-7 entitled, "Insurance-Liability to Third Persons" the
following kinds and amounts of insurance must be procured and
maintained in force during the lifetime of the above numbered
contract.
A. Worker's Compensation - In the amounts required by State law
or the United States Longshore Worker's and Harbor Workers'
Compensation Act (33 U.S.C. 901).
B. Occupational Diseases Insurance - As required by applicable
law. In any area where all occupational diseases are not
compensable under applicable law, insurance for occupational
diseases shall be secured under the employer liability section of
your insurance policy, minimum per accident $100,000.
C. Employer Liability - This insurance is to cover any
liability imposed upon an employer, by law, for damages on account
of personal injuries, including death resulting therefrom, sustained
by his employees by reason of accident.
D. General Liability Insurance (Bodily Injury) - This insurance
protects the insured against claims arising from bodily injury or
death to third parties occurring on it business premises or through
its operations except those arising from motor vehicles away from
the premises, those covered by any Worker's Compensation law, and
other exclusions stated in the policy. The required coverage for
bodily injury shall be $200,000 per person and $500,000 per
occurrence.
E. Automobile Liability - The required coverage is $200,000 per
person and $500,000 per occurrence for bodily injury and $20,000 per
occurrence for property damage.
F. The policies evidencing such insurance as required under
this contract shall contain the following endorsement:
H-8
RFP-DCS-01-16 Section H
"No cancellation, termination, or modification of this policy
shall take effect prior to the expiration of 35 days after written
notice of the cancellation, termination or modification together
with suitable identification of the policy and name insured has been
sent by registered letter to the Government representative at the
address stated below:
Name of Contracting Officer: Keith A. Bond
Address: USDOL/ETA/DASET/OGCM/DCS
200 Constitution Ave., N.W.
Room C-4310
Washington, D.C. 20210
The types and minimum limits reflected above for vehicle insurance
shall apply to any vehicle operated or used in connection with
performance of official business under this contract. In the event
a privately-owned vehicle is used, the Government's share of
insurance premiums, including any additional coverage required to
conform with the above limits, shall be prorated in accordance with
the vehicle's actual use while conducting business under the terms
of this contract.
H.21 DATA COLLECTION FOR THE DEPARTMENT OF LABOR
The Contractor shall be responsible for informing any grantee that
they have been requested to collect information for the Department
of Labor. The collection of such data shall be the responsibility
of the Contractor solely. The Contractor may request assistance
from ETA grantees in locating the data. However, the actual data
gathering must be done by the Contractor.
H.22 PERFORMANCE STANDARDS
The composition, workmanship, printing or reproduction and
substantive content of all reports, evaluations, charts, tables,
graphs, and other data to be furnished under this contract shall
strictly conform to the generally accepted quality standards of the
Contractor's profession and shall be suitable for dissemination and
use without revision, to DOL, other Government agencies and the
general public.
Reports shall include a complete disclosure of all data relevant
to the work performed, the techniques developed, the investigations
made, and shall be relevant to the materials studies and methods and
processes employed.
H.23 RESTRICTION ON USE OF DOL FUNDS FOR LOBBYING
In accordance with the cost principles incorporated in the Federal
Acquisition Regulations (FAR) at 31.205-22, lobbying costs (direct
or indirect) are unallowable under this agreement. The exclusion of
H-9
RFP-DCS-01-16 Section H
lobbying costs using Department of Labor funds is not intended to
penalize, discourage, or prevent lobbying activities by utilizing
non-Federal funds.
H.24 PUBLICATION OF MATERIALS
The Contractor shall receive permission from the Contracting
Officer prior to publishing any works performed under this contract.
Further, the Contractor shall acknowledge the support of the
Department of Labor whenever publicizing any work performed under
this contract. To implement the foregoing, the Contractor shall
include in any publication resulting from work performed under this
contract, an acknowledgement substantially the same as follows:
"This project has been funded, either wholly or in part, with
Federal funds from the Department of Labor, Employment and Training
Administration under Contract Number the contents of this
publication do not necessarily reflect the views or policies of the
Department of Labor, nor does mention of trade names, commercial
products, or organizations imply endorsement of same by the U.S.
Government."
H.25 OPTION TO EXTEND THE TERMS OF THE CONTRACT - SERVICE
(FAR 17.208(g))
1. The Government may extend the terms of this contract by
written notice to the Contractor at least 60 calendar days before
the contract expires. This notice does not commit the Government to
an extension.
2. If the Government exercises this option, the extended
contract shall be considered to include this option provision.
3. The initial period of this contract may be extended by one
year, at estimated costs and indirect costs as follows:
Option
Year Estimated Cost Indirect Cost Total Estimated Cost
1 $.00 $.00 $.00
2 $.00 $.00 $.00
3 $.00 $.00 $.00
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
H-10
RFP-DCS-01-16 Section H
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.
H.26 INDIRECT COSTS
In order to avoid major audit problems, disallowed costs, and to
receive timely reimbursement of indirect costs, contractors should
take those necessary steps to comply with this clause as well as the
critical timeframes for submission of indirect cost proposals.
You are governed by one of the categories of cost principles listed
below. Please comply with your cost principles as appropriate to
your organization. (1) Federal Acquisition Regulation (FAR)
Subparts 31 and 42 apply to private-for-profit contractors. (2) OMB
Circular A-87 applies to state and local governments and
Federally-recognized Indian Tribes. States receiving JTPA
formula-allocated funds can elect to waive A-87 coverage. (3) OMB
Circulars A-21, A-88 and FAR 42.705-3 apply to educational
institutions. (4) OMB Circular A-122 applies to nonprofit
institutions excluding those addressed in the preceding as well as
hospitals.
The total amount of contract funds will not be increased to
reimburse organizations for higher indirect cost rates than those
rates identified in this clause. Also, the contractor must obtain
approval from the Contracting Officer to transfer funds from other
budget line items to the indirect cost budget line items to
accommodate higher indirect cost rates.
The foregoing does not relieve the contractor of any other
administrative cost limitations regarding the contract.
Billing rates are only temporary for the 90 days period from the
effective date of your contract. Failure to submit an acceptable
indirect cost proposal to your cognizant agency for provisional
rates within the aforementioned 90-day period means that you shall
not receive any further reimbursement of your indirect billing rates
until the provisional rate proposal is received. Also, action may
be taken to recoup all indirect costs already paid to you.
A private-for-profit contractor is to submit an acceptable indirect
cost proposal for final rates to its cognizant agency within 90 days
after the end of its fiscal year. All other contractors must submit
their final rate proposals within 6 months after the end of their
fiscal year.
Block 1 or 2 is completed below as appropriate for affected new
contracts or modifications.
H-11
RFP-DCS-01-16 Section H
BLOCK 1
Rate category: (check one) Your rates and bases are:
Billing Overhead
Provisional Base:
Final (And, if applicable)
See Attached Agreement General and Admin.
Other (Explain) Base:
Effective from to or if multi-year, please explain here:
BLOCK 2
(For special indirect cost ceilings)
Special percent ceiling is % for (usually overhead) and if
applicable, % for General and Administrative. Base:
OR
Special dollar ceiling is $ for (usually overhead) and if
applicable, $ for General and Administrative. Base:
Effective from to or if multi-year, please explain here:
If applicable for ceilings, please describe here any situation
whereby the bases in Block 2 above differ from the bases in Block 1
above. Also, the maximum reimbursement for indirect costs under
this contract will be based on the lower of the negotiated rates or
ceilings.
If the Department of Labor (DOL) is your cognizant agency, proposals
for indirect cost rates and supporting data and documentation should
be sent to the Office of Cost Determination (OCD) Negotiator in the
appropriate DOL Regional Office or if applicable, to the OCD
National Office whose address and phone number is listed below. In
addition, if you do not know your cognizant Federal agency, please
call the phone number listed below:
Director, Office of Cost Determination (OCD)
U.S. Department of Labor, OASAM
200 Constitution Avenue, N.W., Room S-5520
Washington, D.C. 20210
Tel. (202) 219-8391
(End of Clause)
H-12
RFP-DCS-01-16 Section I
PART II - CONTRACT CLAUSES
SECTION I - CONTRACT CLAUSES
I.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE
The following contract clauses pertinent to this section are
hereby incorporated by reference (by Citation Number, Title, and
Date) in accordance with the clause at FAR "52.252-2 CLAUSES
INCORPORATED BY REFERENCE" in Section I of this contract. See FAR
52.252-2 for an internet address (if specified) for electronic
access to the full text of a clause.
NUMBER TITLE DATE
52.202-1 DEFINITIONS OCT 1995
52.203-3 GRATUITIES APR 1984
52.203-5 COVENANT AGAINST CONTINGENT FEES APR 1984
52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO JUL 1995
THE GOVERNMENT
52.203-7 ANTI-KICKBACK PROCEDURES JUL 1995
52.203-8 CANCELLATION, RESCISSION, AND RECOVERY JAN 1997
OF FUNDS FOR ILLEGAL OR IMPROPER
ACTIVITY
52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR JAN 1997
IMPROPER ACTIVITY
52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE JUN 1997
CERTAIN FEDERAL TRANSACTIONS
52.204-4 PRINTED OR COPIED DOUBLE-SIDED AUG 2000
ON RECYCLED PAPER
52.209-6 PROTECTING THE GOVERNMENT'S INTEREST JUL 1995
WHEN SUBCONTRACTING WITH CONTRACTORS
DEBARRED, SUSPENDED, OR PROPOSED FOR
DEBARMENT
52.215-2 AUDIT AND RECORDS--NEGOTIATION JUN 1999
52.215-8 ORDER OF PRECEDENCE--UNIFORM CONTRACT OCT 1997
FORMAT
52.216-7 ALLOWABLE COST AND PAYMENT MAR 2000
52.216-8 FIXED-FEE MAR 1997
52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE JUL 1996
52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS OCT 2000
52.219-14 LIMITATIONS ON SUBCONTRACTING DEC 1996
52.222-3 CONVICT LABOR AUG 1996
52.222-21 PROHIBITION OF SEGREGATED FACILITIES FEB 1999
52.222-26 EQUAL OPPORTUNITY FEB 1999
52.222-35 AFFIRMATIVE ACTION FOR DISABLED VETERANS APR 1998
AND VETERANS OF THE VIETNAM ERA
52.222-36 AFFIRMATIVE ACTION FOR WORKERS WITH JUN 1998
DISABILITIES
I-1
RFP-DCS-01-16 Section I
52.222-37 EMPLOYMENT REPORTS ON DISABLED VETERANS JAN 1999
AND VETERANS OF THE VIETNAM ERA
52.223-6 DRUG-FREE WORKPLACE JAN 1997
52.225-13 RESTRICTIONS ON CERTAIN FOREIGN JUL 2000
PURCHASES
52.227-1 AUTHORIZATION AND CONSENT JUL 1995
52.227-2 NOTICE AND ASSISTANCE REGARDING PATENT AUG 1996
AND COPYRIGHT INFRINGEMENT
52.228-7 INSURANCE--LIABILITY TO THIRD PERSONS MAR 1996
52.232-17 INTEREST JUN 1996
52.232-20 LIMITATION OF COST APR 1984
52.232-23 ASSIGNMENT OF CLAIMS JAN 1986
52.232-33 PAYMENT BY ELECTRONIC FUNDS--CENTRAL MAY 1999
CONTRACTOR REGISTRATION
52.233-1 DISPUTES DEC 1998
ALTERNATE I (DEC 1991)
52.233-3 PROTEST AFTER AWARD AUG 1996
ALTERNATE I (JUN 1985)
52.242-1 NOTICE OF INTENT TO DISALLOW COSTS APR 1984
52.242-3 PENALTIES FOR UNALLOWABLE COSTS OCT 1995
52.242-4 CERTIFICATION OF FINAL INDIRECT COSTS JAN 1997
52.242-13 BANKRUPTCY JUL 1995
52.243-2 CHANGES--COST REIMBURSEMENT AUG 1987
ALTERNATE I (APR 1984)
52.244-2 SUBCONTRACTS AUG 1998
ALTERNATE II (AUG 1998)
52.244-5 COMPETITION IN SUBCONTRACTING DEC 1996
52.244-6 SUBCONTRACTS FOR COMMERCIAL ITEMS AND OCT 1998
COMMERCIAL COMPONENTS
52.246-25 LIMITATION OF LIABILITY--SERVICES FEB 1997
52.249-6 TERMINATION (COST-REIMBURSEMENT) SEP 1996
52.249-14 EXCUSABLE DELAYS APR 1984
52.253-1 COMPUTER GENERATED FORMS JAN 1991
I.2 52.217-8 OPTION TO EXTEND SERVICES (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 days.
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 days; 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.
I-2
RFP-DCS-01-16 Section I
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 54 months.
I.4 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
This contract incorporates one or more clauses by reference, with
the same force and effect as if they were given in full text. Upon
request, the Contracting Officer will make their full text
available. Also, the full text of a clause may be accessed
electronically at this/these address(es):
www.arnet.gov/far/
I.5 52.232-25 PROMPT PAYMENT (JUN 1997)
Notwithstanding any other payment clause in this contract, the
Government will make invoice payments and contract financing
payments under the terms and conditions specified in this clause.
Payment shall be considered as being made on the day a check is
dated or the date of an electronic funds transfer. Definitions of
pertinent terms are set forth in section 32.902 of the Federal
Acquisition Regulation. All days referred to in this clause are
calendar days, unless otherwise specified. (However, see
subparagraph (a)(4) of this clause concerning payments due on
Saturdays, Sundays, and legal holidays.)
(a) Invoice payments (1) Due Date. (i) Except as indicated in
subparagraph (a)(2) and paragraph (c) of this clause, the due date
for making invoice payments by the designated payment office shall
be the later of the following two events:
(A) The 30th day after the designated billing office has
received a proper invoice from the Contractor (except as provided in
subdivision (a)(1)(ii) of this clause).
(B) The 30th day after Government acceptance of supplies
delivered or services performed by the Contractor. On a final
invoice where the payment amount is subject to contract settlement
actions, acceptance shall be deemed to have occurred on the
effective date of the contract settlement.
(ii) If the designated billing office fails to annotate the
invoice with the actual date of receipt at the time of receipt, the
invoice payment due date shall be the 30th day after the date of the
Contractor's invoice; provided a proper invoice is received and
I-3
RFP-DCS-01-16 Section I
there is no disagreement over quantity, quality, or Contractor
compliance with contract requirements.
(i) Name and address of the Contractor.
(ii) Invoice date. (The Contractor is encouraged to date
invoices as close as possible to the date of the mailing or
transmission.)
(iii) Contract number or other authorization for supplies
delivered or services performed (including order number and contract
line item number).
(iv) Description, quantity, unit of measure, unit price, and
extended price of supplies delivered or services performed.
(v) Shipping and payment terms (e.g., shipment number and date
of shipment, prompt payment discount terms). Bill of lading number
and weight of shipment will be shown for shipments on Government
bills of lading.
(vi) Name and address of Contractor official to whom payment
is to be sent (must be the same as that in the contract or in a
proper notice of assignment).
(vii) Name (where practicable), title, phone number, and
mailing address of person to be notified in the event of a defective
invoice.
(viii) Any other information or documentation required by the
contract (such as evidence of shipment).
(ix) While not required, the Contractor is strongly encouraged
to assign an identification number to each invoice.
(4) Interest penalty. An interest penalty shall be paid
automatically by the designated payment office, without request from
the Contractor, if payment is not made by the due date and the
conditions listed in paragraphs (a)(4)(i) through (a)(4)(iii) of
this clause are met, if applicable. However, when the due date falls
on a Saturday, Sunday, or legal holiday when Federal Government
offices are closed and Government business is not expected to be
conducted, payment may be made on the following business day without
incurring a late payment interest penalty.
(i) A proper invoice was received by the designated billing
office.
(ii) A receiving report or other Government documentation
authorizing payment was processed, and there was no disagreement
over quantity, quality, or Contractor compliance with any contract
term or condition.
(iii) In the case of a final invoice for any balance of funds
due the Contractor for supplies delivered or services performed, the
I-4
RFP-DCS-01-16 Section I
amount was not subject to further contract settlement actions
between the Government and the Contractor.
(5) Computing penalty amount. The interest penalty shall be at
the rate established by the Secretary of the Treasury under section
12 of the Contract Disputes Act of 1978 (41 U.S.C. 611) that is in
effect on the day after the due date, except where the interest
penalty is prescribed by other governmental authority (e.g.,
tariffs). This rate is referred to as the "Renegotiation Board
Interest Rate," and it is published in the Federal Register
semiannually on or about January 1 and July 1. The interest penalty
shall accrue daily on the invoice principal payment amount approved
by the Government until the payment date of such approved principal
amount; and will be compounded in 30-day increments inclusive from
the first day after the due date through the payment date. That is,
interest accrued at the end of any 30-day period will be added to
the approved invoice principal payment amount and will be subject to
interest penalties if not paid in the succeeding 30-day period. If
the designated billing office failed to notify the Contractor of a
defective invoice within the periods prescribed in subparagraph
(a)(3) of this clause, the due date on the corrected invoice will be
adjusted by subtracting from such date the number of days taken
beyond the prescribed notification of defects period. Any interest
penalty owed the Contractor will be based on this adjusted due date.
Adjustments will be made by the designated payment office for errors
in calculating interest penalties.
(i) For the sole purpose of computing an interest penalty that
might be due the Contractor, Government acceptance shall be deemed
to have occurred constructively on the 7th (unless otherwise
specified in this contract) after the Contractor delivered the
supplies or performed the services in accordance with the terms and
conditions of the contract, unless there is a disagreement over
quantity, quality, or Contractor compliance with a contract
provision. In the event that actual acceptance occurs within the
constructive acceptance period, the determination of an interest
penalty shall be based on the actual date of acceptance. The
constructive acceptance requirement does not, however, compel
Government officials to accept supplies or services, perform
contract administration functions, or make payment prior to
fulfilling their responsibilities.
(ii) The following periods of time will not be included in the
determination of an interest penalty:
(A) The period taken to notify the Contractor of defects in
invoices submitted to the Government, but this may not exceed 7 days
(3 days for meat, meat food products, or fish; 5 days for perishable
agricultural commodities, dairy products, edible fats or oils, and
food products prepared from edible fats or oils).
(B) The period between the defects notice and resubmission
of the corrected invoice by the Contractor.
(C) For incorrect electronic funds transfer (EFT)
information, in accordance with the EFT clause of this contract.
I-5
RFP-DCS-01-16 Section I
(iii) Interest penalties will not continue to accrue after the
filing of a claim for such penalties under the clause at 52.233-1,
Disputes, or for more than 1 year. Interest penalties of less than
$1 need not be paid.
(iv) Interest penalties are not required on payment delays due
to disagreement between the Government and the Contractor over the
payment amount or other issues involving contract compliance or on
amounts temporarily withheld or retained in accordance with the
terms of the contract. Claims involving disputes, and any interest
that may be payable, will be resolved in accordance with the clause
at 52.233-1, Disputes.
(6) Prompt payment discounts. An interest penalty also shall be
paid automatically by the designated payment office, without request
from the Contractor, if a discount for prompt payment is taken
improperly. The interest penalty will be calculated as described in
subparagraph (a)(5) of this clause on the amount of discount taken
for the period beginning with the first day after the end of the
discount period through the date when the Contractor is paid.
(7) Additional interest penalty. (i) a penalty amount,
calculated in accordance with paragraph (a)(7)(iii) of this clause,
shall be paid in addition to the interest penalty amount if the
Contractor--
(A) Is owed an interest penalty of $1 or more;
(B) Is not paid the interest penalty within 10 days after
the date the invoice amount is paid; and
(C) Makes a written demand to the designated payment office
for additional penalty payment, in accordance with paragraph
(a)(7)(ii) of this clause, postmarked not later than 40 days after
the invoice amount is paid.
(ii)(A) Contractors shall support written demands for
additional penalty payments with the following data. No additional
data shall be required. Contractors shall--
(1) Specifically assert that late payment interest is due
under a specific invoice, and request payment of all overdue late
payment interest penalty and such additional penalty as may be
required;
(2) Attach a copy of the invoice on which the unpaid late
payment interest was due; and
(3) State that payment of the principal has been received,
including the date of receipt.
(B) Demands must be postmarked on or before the 40th day
after payment was made, except that--
(1) If the postmark is illegible or nonexistent, the
I-6
RFP-DCS-01-16 Section I
demand must have been received and annotated with the date of
receipt by the designated payment office on or before the 40th day
after payment was made; or
(2) If the postmark is illegible or nonexistent and the
designated payment office fails to make the required annotation, the
demand's validity will be determined by the date the Contractor has
placed on the demand; provided such date is no later than the 40th
day after payment was made.
(iii)(A) The additional penalty shall be equal to 100 percent of
any original late payment interest penalty, except--
(1) The additional penalty shall not exceed $5,000;
(2) The additional penalty shall never be less than $25; and
(3) No additional penalty is owed if the amount of the
underlying interest penalty is less than $1.
(B) If the interest penalty ceases to accrue in accordance
with the limits stated in paragraph (a)(5)(iii) of this clause, the
amount of the additional penalty shall be calculated on the amount
of interest penalty that would have accrued in the absence of these
limits, subject to the overall limits on the additional penalty
specified in paragraph (a)(7)(iii)(A) of this clause.
(C) For determining the maximum and minimum additional
penalties, the test shall be the interest penalty due on each
separate payment made for each separate contract. The maximum and
minimum additional penalty shall not be based upon individual
invoices unless the invoices are paid separately. Where payments are
consolidated for disbursing purposes, the maximum and minimum
additional penalty determination shall be made separately for each
contract therein.
(D) The additional penalty does not apply to payments
regulated by other Government regulations (e.g., payments under
utility contracts subject to tariffs and regulation).
(b) Contract financing payments--(1) Due dates for recurring
financing payments. If this contract provides for contract
financing, requests for payment shall be submitted to the designated
billing office as specified in this contract or as directed by the
Contracting Officer. Contract financing payments shall be made on
the 30th day after receipt of a proper contract financing request by
the designated billing office. In the event that an audit or other
review of a specific financing request is required to ensure
compliance with the terms and conditions of the contract, the
designated payment office is not compelled to make payment by the
due date specified.
(2) Due dates for other contract financing. For advance
payments, loans, or other arrangements that do not involve recurring
submissions of contract financing requests, payment shall be made in
accordance with the corresponding contract terms or as directed by
I-7
RFP-DCS-01-16 Section I
the Contracting Officer.
(3) Interest penalty not applicable. Contract financing payments
shall not be assessed an interest penalty for payment delays.
(c) Fast payment procedure due dates. If this contract contains
the clause at 52.213-1, Fast Payment Procedure, payments will be
made within 15 days after the date of receipt of the invoice.
I.6 52.219-14 LIMITATIONS ON SUBCONTRACTING (DEC 1996)
(a) This clause does not apply to the unrestricted portion of a
partial set-aside.
(b) By submission of an offer and execution of a contract, the
Offeror/Contractor agrees that in performance of the contract in the
case of a contract for --
(1) SERVICES (EXCEPT CONSTRUCTION). At least 50 percent of
the cost of contract performance incurred for personnel shall be
expended for employees of the concern.
(2) SUPPLIES (OTHER THAN PROCUREMENT FROM A NONMANUFACTURER IN
SUCH SUPPLIES). The concern shall perform work for at least 50
percent of the cost of manufacturing the supplies, not including the
cost of materials.
(3) GENERAL CONSTRUCTION. The concern will perform at least 15
percent of the cost of the contract, not including the cost of
materials, with its own employees.
(4) CONSTRUCTION BY SPECIAL TRADE CONTRACTORS. The concern
will perform at least 25 percent of the cost of the contract, not
including the cost of materials, with its own employees.
I-8
RFP-DCS-01-16 Section J
PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS
SECTION J - LIST OF ATTACHMENTS
ATTACHMENT NO.
NUMBER TITLE DATE PAGES
J.1 CONTRACT PRICING PROPOSAL COVER SHEET, SF 1411, (1 PAGE)
J.2 COST AND PRICE ANALYSIS, ETA 8555, (8 PAGES)
J.3 STATEMENT OF FINANCIAL CAPABILITY, ETA 8554, (2 PAGES)
J.4 COST CONTRACTOR'S INVOICE, ETA 3100-1 (1 PAGE)
J.5 COST CONTRACTOR'S DETAILED STATEMENT OF COST, ETA 3-2
(1 PAGE)
J.6 VETS-100 - FEDERAL CONTRACTOR VETERANS EMPLOYMENT REPORT,
OMB 1293-0005 (2 PAGES)
J.7 PAST PERFORMANCE REFERENCE INFORMATION (2 PAGES)
J.8 PAST PERFORMANCE EVALUATION QUESTIONNAIRE (2 PAGES)
J.9 ORAL PRESENTATION EVALUATION QUESTIONNAIRE (2 PAGES)
J-1
RFP-DCS-01-16 Section K
PART IV - REPRESENTATIONS AND INSTRUCTIONS
SECTION K - REPRESENTATIONS, CERTIFICATIONS AND
OTHER STATEMENTS OF OFFERORS
K.1 NOTICE LISTING SOLICITATION PROVISIONS INCORPORATED
BY REFERENCE
The following solicitation provisions pertinent to this
section are hereby incorporated by reference (by Citation Number,
Title, and Date) in accordance with the FAR provision at FAR
"52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE" in
Section L of this solicitation. See FAR 52.252-1 for an internet
address (if specified) for electronic access to the full text of a
provision.
NUMBER TITLE DATE
52.203-11 CERTIFICATION AND DISCLOSURE REGARDING APR 1991
PAYMENTS TO INFLUENCE CERTAIN FEDERAL
TRANSACTIONS
K.2 52.204-3 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
K-1
RFP-DCS-01-16 Section K
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 ____________________________________________________
K-2
RFP-DCS-01-16 Section K
K.3 52.209-5 CERTIFICATION REGARDING DEBARMENT, SUSPENSION,
PROPOSED DEBARMENT, AND OTHER RESPONSIBILITY MATTERS
(MAR 1996)
(a)(1) The Offeror certifies, to the best of its knowledge and
belief, that -
(i) The Offeror and/or any of its Principals -
(A) Are [ ] are not [ ] presently debarred, suspended,
proposed for debarment, or declared ineligible for the award of
contracts by any Federal agency;
(B) Have [ ] have not [ ], within a 3-year period
preceding this offer, been convicted of or had a civil judgment
rendered against them for: commission of fraud or a criminal
offense in connection with obtaining, attempting to obtain, or
performing a public (Federal, state, or local) contract or
subcontract; violation of Federal or state antitrust statutes
relating to the submission of offers; or commission of embezzlement,
theft, forgery, bribery, falsification or destruction of records,
making false statements, tax evasion or receiving stolen property;
and
(C) Are [ ] are not [ ] presently indicted for, or
otherwise criminally or civilly charged by a governmental entity
with, commission of any of the offenses enumerated in subdivision
(a)(1)(i)(B) of this provision.
(ii) The Offeror has [ ] has not [ ], within a 3-year period
preceding this offer, had one or more contracts terminated for
default by any Federal agency.
(2) "Principals," for the purposes of this certification, means
officers; directors; owners; partners; and, persons having primary
management or supervisory responsibilities within a business entity
(e.g., general manager; plant manager; head of a subsidiary,
division, or business segment, and similar positions).
THIS CERTIFICATION CONCERNS A MATTER WITHIN THE JURISDICTION OF AN
AGENCY OF THE UNITED STATES AND THE MAKING OF A FALSE, FICTITIOUS,
OR FRAUDULENT CERTIFICATION MAY RENDER THE MAKER SUBJECT TO
PROSECUTION UNDER SECTION 1001, TITLE 18, UNITED STATES CODE.
(b) The Offeror shall provide immediate written notice to the
Contracting Officer if, at any time prior to contract award, the
Offeror learns that its certification was erroneous when submitted
or has become erroneous by reason of changed circumstances.
(c) A certification that any of the items in paragraph (a) of
this provision exists will not necessarily result in withholding of
an award under this solicitation. However, the certification will
be considered in connection with a determination of the Offeror's
responsibility. Failure of the Offeror to furnish a certification
or provide such additional information as requested by the
K-3
RFP-DCS-01-16 Section K
Contracting Officer may render the Offeror nonresponsible.
(d) Nothing contained in the foregoing shall be construed to
require establishment of a system of records in order to render, in
good faith, the certification required by paragraph (a) of this
provision. The knowledge and information of an Offeror is not
required to exceed that which is normally possessed by a prudent
person in the ordinary course of business dealings.
(e) The certification in paragraph (a) of this provision is a
material representation of fact upon which reliance was placed when
making award. If it is later determined that the Offeror knowingly
rendered an erroneous certification, in addition to other remedies
available to the Government, the Contracting Officer may terminate
the contract resulting from this solicitation for default.
K.4 52.215-6 PLACE OF PERFORMANCE (OCT 1997)
(a) The offeror or respondent, in the performance of any contract
resulting from this solicitation, [ ] intends, [ ] does not
intend [check applicable block] to use one or more plants or
facilities located at a different address from the address of the
offeror or respondent as indicated in this proposal or response to
request for information.
(b) If the offeror or respondent checks "intends" in paragraph (a)
of this provision, it shall insert in the following spaces the
required information:
------------------------------------------------------------------------
Place of performance (street | Name and address of owner and
(street address, city, state, | operator of the plant or facility
county, code) | if other than offeror or respondent
------------------------------------------------------------------------
___________________________________|__________________________________
___________________________________|__________________________________
___________________________________|__________________________________
___________________________________|__________________________________
___________________________________|__________________________________
___________________________________|__________________________________
___________________________________|__________________________________
___________________________________|__________________________________
___________________________________|__________________________________
------------------------------------------------------------------------
K-4
RFP-DCS-01-16 Section K
K.5 52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS
(OCT 2000)
(a)(1) The North American Industry Classification System (NAICS)
code for this acquisition is-- 541611.
(2) The small business size standard is 5 million.
(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).
K-5
RFP-DCS-01-16 Section K
Small business concern, as used in this provision, means a
concern, including its affiliates, that is independently owned and
operated, not dominant in the field of operation in which it is
bidding on Government contracts, and qualified as a small business
under the criteria in 13 CFR Part 121 and the size standard in
paragraph (a) of this provision.
Veteran-owned small business concern means a small business
concern--
(1) Not less than 51 percent of which is owned by one or more
veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any
publicly owned business, not less than 51 percent of the stock of
which is owned by one or more veterans; and
(2) The management and daily business operations of which are
controlled by one or more veterans.
Women-owned small business concern, as used in this provision,
means a small business concern--
(1) Which is at least 51 percent owned by one or more women or,
in the case of any publicly owned business, at least 51 percent of
the stock of which is owned by one or more women; and
(2) Whose management and daily business operations are
controlled by one or more women.
(d) Notice. (1) If this solicitation is for supplies and has been
set aside, in whole or in part, for small business concerns, then
the clause in this solicitation providing notice of the set-aside
contains restrictions on the source of the end items to be
furnished.
(2) Under 15 U.S.C. 645(d), any person who misrepresents a
firm's status as a small, HUBZone small, small disadvantaged, or
women- owned small business concern in order to obtain a contract to
be awarded under the preference programs established pursuant to
section 8(a), 8(d), 9, or 15 of the Small Business Act or any other
provision of Federal law that specifically references section 8(d)
for a definition of program eligibility, shall--
(i) Be punished by imposition of fine, imprisonment, or both;
(ii) Be subject to administrative remedies, including
suspension and debarment; and
(iii) Be ineligible for participation in programs conducted
under the authority of the Act.
K-6
RFP-DCS-01-16 Section K
K.6 52.222-22 PREVIOUS CONTRACTS AND COMPLIANCE REPORTS
(FEB 1999)
The offeror represents that--
(a) It [ ] has, [ ] has not participated in a previous contract or
subcontract subject to the Equal Opportunity clause of this
solicitation; the clause originally contained in Section 310 of
Executive Order No. 10925, or the clause contained in Section 201 of
Executive Order No. 11114;
(b) It [ ] has, [ ] has not filed all required compliance reports;
and
(c) Representations indicating submission of required compliance
reports, signed by proposed subcontractors, will be obtained before
subcontract awards.
K.7 52.222-25 AFFIRMATIVE ACTION COMPLIANCE (APR 1984)
The offeror represents that--
(a) It [ ] has developed and has on file, [ ] has not developed
and does not have on file, at each establishment, affirmative action
programs required by the rules and regulations of the Secretary of
Labor (41 CFR 60-1 and 60-2), or (b) It [ ] has not previously had
contracts subject to the written affirmative action programs
requirement of the rules and regulations of the Secretary of Labor.
K-7
RFP-DCS-01-16 Section K
K.8 SIGNATURE BLOCK
I, the undersigned, do hereby attest that all representations and
certifications made in this Section K are true.
Also, I, the undersigned, am aware of the penalties prescribed in
18 U.S. Code 1001 for making false statements in offers; and I am
legally authorized to bind the company or organization represented.
__________________________________________ _____________
(Signature) (Date)
__________________________________________
(Typed or Printed Name)
__________________________________________
(Title)
__________________________________________
(Solicitation Number)
__________________________________________
(Name of Company/Organization Represented)
__________________________________________
(Address, including Zip Code)
_______________________________________
(Telephone Number, including Area Code)
K-8
RFP-DCS-01-16 Section L
SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS
L.1 NOTICE LISTING SOLICITATION PROVISIONS INCORPORATED
BY REFERENCE
The following solicitation provisions pertinent to this
section are hereby incorporated by reference (by Citation Number,
Title, and Date) in accordance with the FAR provision at FAR
"52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE" in
Section L of this solicitation. See FAR 52.252-1 for an internet
address (if specified) for electronic access to the full text of a
provision.
NUMBER TITLE DATE
52.215-1 INSTRUCTIONS TO OFFERORS--COMPETITIVE NOV 1999
ACQUISITION
ALTERNATE I (OCT 1997)
52.215-16 FACILITIES CAPITAL COST OF MONEY OCT 1997
52.222-24 PREAWARD ON-SITE EQUAL OPPORTUNITY FEB 1999
COMPLIANCE EVALUATION
52.225-10 NOTICE OF BUY AMERICAN ACT--BALANCE OF FEB 2000
PAYMENTS PROGRAM REQUIREMENT--
CONSTRUCTION MATERIALS
52.232-28 INVITATION TO PROPOSE PERFORMANCE-BASED MAR 2000
PAYMENTS
L.2 52.215-1 INSTRUCTIONS TO OFFERORS--COMPETITIVE
ACQUISITION (NOV 1999)
ALTERNATE I (OCT 1997)
(a) Definitions. As used in this provision--
Discussions are negotiations that occur after establishment of the
competitive range that may, at the Contracting Officer's discretion, result in
the offeror being allowed to revise its proposal.
In writing or written means any worded or numbered expression which can be
read, reproduced, and later communicated, and includes electronically
transmitted and stored information.
Proposal modification is a change made to a proposal before the
solicitation's closing date and time, or made in response to an amendment, or
made to correct a mistake at any time before award.
Proposal revision is a change to a proposal made after the solicitation
closing date, at the request of or as allowed by a Contracting Officer as the
result of negotiations.
Time, if stated as a number of days, is calculated using calendar days,
L-1
RFP-DCS-01-16 Section L
unless otherwise specified, and will include Saturdays, Sundays, and legal
holidays. However, if the last day falls on a Saturday, Sunday, or legal
holiday, then the period shall include the next working day.
(b) Amendments to solicitations. If this solicitation is amended, all terms
and conditions that are not amended remain unchanged. Offerors shall acknowledge
receipt of any amendment to this solicitation by the date and time specified in
the amendment(s).
(c) Submission, modification, revision, and withdrawal of proposals. (1)
Unless other methods (e.g., electronic commerce or facsimile) are permitted in
the solicitation, proposals and modifications to proposals shall be submitted in
paper media in sealed envelopes or packages (i) addressed to the office
specified in the solicitation, and (ii) showing the time and date specified for
receipt, the solicitation number, and the name and address of the offeror.
Offerors using commercial carriers should ensure that the proposal is marked on
the outermost wrapper with the information in paragraphs (c)(1)(i) and
(c)(1)(ii) of this provision.
(2) The first page of the proposal must show--
(i) The solicitation number;
(ii) The name, address, and telephone and facsimile numbers of the offeror
(and electronic address if available);
(iii) A statement specifying the extent of agreement with all terms,
conditions, and provisions included in the solicitation and agreement to furnish
any or all items upon which prices are offered at the price set opposite each
item;
(iv) Names, titles, and telephone and facsimile numbers (and electronic
addresses if available) of persons authorized to negotiate on the offeror's
behalf with the Government in connection with this solicitation; and
(v) Name, title, and signature of person authorized to sign the proposal.
Proposals signed by an agent shall be accompanied by evidence of that agent's
authority, unless that evidence has been previously furnished to the issuing
office.
(3) Submission, modification, revision, and withdrawal of proposals.
(i) Offerors are responsible for submitting proposals, and any
modifications, revisions, or withdrawals, so as to reach the Government office
designated in the solicitation by the time specified in the solicitation. If no
time is specified in the solicitation, the time for receipt is 4:30 p.m., local
time, for the designated Government office on the date that proposal or revision
is due.
(ii)(A) Any proposal, modification, revision, or withdrawal received at
the Government office designated in the solicitation after the exact time
specified for receipt of offers is ``late'' and will not be considered unless it
is received before award is made, the Contracting Officer determines that
accepting the late offer would not unduly delay the acquisition; and--
(1) If it was transmitted through an electronic commerce method
L-2
RFP-DCS-01-16 Section L
authorized by the solicitation, it was received at the initial point of entry to
the Government infrastructure not later than 5:00 p.m. one working day prior to
the date specified for receipt of proposals; or
(2) There is acceptable evidence to establish that it was received at
the Government installation designated for receipt of offers and was under the
Government's control prior to the time set for receipt of offers; or
(3) It is the only proposal received.
(B) However, a late modification of an otherwise successful proposal
that makes its terms more favorable to the Government, will be considered at any
time it is received and may be accepted.
(iii) Acceptable evidence to establish the time of receipt at the
Government installation includes the time/date stamp of that installation on the
proposal wrapper, other documentary evidence of receipt maintained by the
installation, or oral testimony or statements of Government personnel.
(iv) If an emergency or unanticipated event interrupts normal Government
processes so that proposals cannot be received at the office designated for
receipt of proposals by the exact time specified in the solicitation, and urgent
Government requirements preclude amendment of the solicitation, the time
specified for receipt of proposals will be deemed to be extended to the same
time of day specified in the solicitation on the first work day on which normal
Government processes resume.
(v) Proposals may be withdrawn by written notice received at any time
before award. Oral proposals in response to oral solicitations may be withdrawn
orally. If the solicitation authorizes facsimile proposals, proposals may be
withdrawn via facsimile received at any time before award, subject to the
conditions specified in the provision at 52.215-5, Facsimile Proposals.
Proposals may be withdrawn in person by an offeror or an authorized
representative, if the identity of the person requesting withdrawal is
established and the person signs a receipt for the proposal before award.
(vi) Notwithstanding paragraph (c)(3)(i) of this provision, a late
modification or revision of an otherwise successful proposal that makes its
terms more favorable to the Government will be considered at any time it is
received and may be accepted.
(vii) Proposals may be withdrawn by written notice or telegram (including
mailgram) received at any time before award. If the solicitation authorizes
facsimile proposals, proposals may be withdrawn via facsimile received at any
time before award, subject to the conditions specified in the provision entitled
"Facsimile Proposals." Proposals may be withdrawn in person by an offeror or an
authorized representative, if the representative's identity is made known and
the representative signs a receipt for the proposal before award.
(viii) If an emergency or unanticipated event interrupts normal Government
processes so that proposals cannot be received at the office designated for
receipt of proposals by the exact time specified in the solicitation, and urgent
Government requirements preclude amendment of the solicitation or other notice
of an extension of the closing date, the time specified for receipt of proposals
will be deemed to be extended to the same time of day specified in the
solicitation on the first work day on which normal Government processes resume.
L-3
RFP-DCS-01-16 Section L
If no time is specified in the solicitation, the time for receipt is 4:30 p.m.,
local time, for the designated Government office.
(4) Unless otherwise specified in the solicitation, the offeror may propose
to provide any item or combination of items.
(5) Proposals submitted in response to this solicitation shall be in English
and in U.S. dollars, unless otherwise permitted by the solicitation.
(6) Offerors may submit modifications to their proposals at any time before
the solicitation closing date and time, and may submit modifications in response
to an amendment, or to correct a mistake at any time before award.
(7) Offerors may submit revised proposals only if requested or allowed by
the Contracting Officer.
(8) Proposals may be withdrawn at any time before award. Withdrawals are
effective upon receipt of notice by the Contracting Officer.
(d) Offer expiration date. Proposals in response to this solicitation will be
valid for the number of days specified on the solicitation cover sheet (unless a
different period is proposed by the offeror).
(e) Restriction on disclosure and use of data. Offerors that include in their
proposals data that they do not want disclosed to the public for any purpose, or
used by the Government except for evaluation purposes, shall--
(1) Mark the title page with the following legend: This proposal includes
data that shall not be disclosed outside the Government and shall not be
duplicated, used, or disclosed--in whole or in part-- for any purpose other than
to evaluate this proposal. If, however, a contract is awarded to this offeror as
a result of--or in connection with-- the submission of this data, the Government
shall have the right to duplicate, use, or disclose the data to the extent
provided in the resulting contract. This restriction does not limit the
Government's right to use information contained in this data if it is obtained
from another source without restriction. The data subject to this restriction
are contained in sheets [insert numbers or other identification of sheets]; and
(2) Mark each sheet of data it wishes to restrict with the following legend:
Use or disclosure of data contained on this sheet is subject to the restriction
on the title page of this proposal.
(f) Contract award. (1) The Government intends to award a contract or
contracts resulting from this solicitation to the responsible offeror(s) whose
proposal(s) represents the best value after evaluation in accordance with the
factors and subfactors in the solicitation.
(2) The Government may reject any or all proposals if such action is in the
Government's interest.
(3) The Government may waive informalities and minor irregularities in
proposals received.
(4) The Government intends to evaluate proposals and award a contract after
conducting discussions with offerors whose proposals have been determined to be
within the competitive range. If the Contracting Officer determines that the
L-4
RFP-DCS-01-16 Section L
number of proposals that would otherwise be in the competitive range exceeds the
number at which an efficient competition can be conducted, the Contracting
Officer may limit the number of proposals in the competitive range to the
greatest number that will permit an efficient competition among the most highly
rated proposals. Therefore, the offeror's initial proposal should contain the
offeror's best terms from a price and technical standpoint.
(5) The Government reserves the right to make an award on any item for a
quantity less than the quantity offered, at the unit cost or prices offered,
unless the offeror specifies otherwise in the proposal.
(6) The Government reserves the right to make multiple awards if, after
considering the additional administrative costs, it is in the Government's best
interest to do so.
(7) Exchanges with offerors after receipt of a proposal do not constitute a
rejection or counteroffer by the Government.
(8) The Government may determine that a proposal is unacceptable if the
prices proposed are materially unbalanced between line items or subline items.
Unbalanced pricing exists when, despite an acceptable total evaluated price, the
price of one or more contract line items is significantly overstated or
understated as indicated by the application of cost or price analysis
techniques. A proposal may be rejected if the Contracting Officer determines
that the lack of balance poses an unacceptable risk to the Government.
(9) If a cost realism analysis is performed, cost realism may be considered
by the source selection authority in evaluating performance or schedule risk.
(10) A written award or acceptance of proposal mailed or otherwise furnished
to the successful offeror within the time specified in the proposal shall result
in a binding contract without further action by either party.
(11) The Government may disclose the following information in postaward
debriefings to other offerors:
(i) The overall evaluated cost or price and technical rating of the
successful offeror;
(ii) The overall ranking of all offerors, when any ranking was developed
by the agency during source selection;
(iii) A summary of the rationale for award; and
(iv) For acquisitions of commercial items, the make and model of the item
to be delivered by the successful offeror.
L.3 52.216-1 TYPE OF CONTRACT (APR 1984)
The Government contemplates award of a CPFF contract
resulting from this solicitation.
L-5
RFP-DCS-01-16 Section L
L.4 52.233-2 SERVICE OF PROTEST (AUG 1996)
(a) Protests, as defined in section 33.101 of the Federal
Acquisition Regulation, that are filed directly with an agency, and
copies of any protests that are filed with the General Accounting
Office (GAO), shall be served on the Contracting Officer (addressed
as follows) by obtaining written and dated acknowledgment of receipt
from:
Keith A. Bond
Hand-Carried Address:
U.S. Department of Labor, ETA/OGCM
Division of Contract Services
200 Constitution Avenue, NW
Room C-4310
Washington DC 20210
Mailing Address:
U.S. Department of Labor, ETA/OGCM
Division of Contract Services
200 Constitution Avenue, NW
Room C-4310
Washington DC 20210
(b) The copy of any protest shall be received in the office designated
above within one day of filing a protest with the GAO.
L.5 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY
REFERENCE (FEB 1998)
This solicitation incorporates one or more solicitation provisions
by reference, with the same force and effect as if they were given
in full text. Upon request, the Contracting Officer will make their
full text available. The offeror is cautioned that the listed
provisions may include blocks that must be completed by the offeror
and submitted with its quotation or offer. In lieu of submitting the
full text of those provisions, the offeror may identify the
provision by paragraph identifier and provide the appropriate
information with its quotation or offer. Also, the full text of a
solicitation provision may be accessed electronically at this/these
address(es):
www.arnet.gov/far/
L-6
RFP-DCS-01-16 Section L
L.6 PAST PERFORMANCE
Offerors shall submit the following information as part of their proposal
for both the offeror and proposed major subcontractors:
A. A list of all "relevant" contracts and subcontracts completed during
the past three (3) years and all contracts and subcontracts currently in
process. The reference should be on project/work similar in nature.
Contracts listed may include those entered into by the Federal Government,
agencies of state and local governments and commercial customers.
Offerors that are newly formed entities without prior contracts should
list contracts and subcontracts as required above for all key personnel.
Include the following information for each contract and subcontract:
1. Name of contracting activity
2. contract number
3. Contract type
4. total contract value
5. contract work
6. contracting officer and telephone
7. program manager and telephone
8. administrative contracting officer, if different from #6
and telephone number
9. list of major subcontractors
B. The offeror may provide information on problems encountered on the
contract and subcontracts identified in A above and corrective actions
taken to resolve those problems. Offerors should not provide general
information of their performance on the identified contracts. General
performance information will be obtained from the references.
C. The offeror may describe any quality of awards or certifications that
indicate the offeror possess a high quality process for developing and
producing the product or service required. Identify what segment of the
company (one division or the entire company) that received the award or
certification. Describe when the award or certification was bestowed. If
the award or certification is over three years old, present evidence that
the qualifications still apply.
D. Each offeror will be evaluated on his/her performance under existing
and prior contracts for similar products or services. Performance
information will be used for both responsibility determinations and as an
evaluation factor against which offerors' relative rankings will be
compared to assure best value to the Government. The Government will
focus on information that demonstrates quality of performance relative to
the size and complexity of the procurement under consideration. The
contractor's reference questionnaire form identified in Section J.8 will
be used to collect this information. References other than those
identified by the offeror may be contacted by the Government with the
information received used in the evaluation of the offeror's past
performance. The Government also reserves the right to decide not to
contact all of the references provided by the offeror. Names of
L-7
RFP-DCS-01-16 Section L
individuals providing reference information about an offeror's past
performance shall not be disclosed.
L.7 ORAL PRESENTATION SECTION
After the receipt of offers (proposals) by the Government, every eligible
offeror must make an oral presentation to the Government's evaluation
panel and participate in a question and answer session. The sole purpose
of the oral presentation and question and answer session is to test an
offeror's understanding of the work that the Government will require under
the prospective contract.
The oral presentation and the question and answer session are not part of
the offer and are not themselves offers. The oral presentation and the
question and answer session will not constitute discussions, as defined by
FAR Part 15, and will not obligate the Government to determine a
competitive range, conduct discussions, or solicit to entertain revised or
final offers.
Statements made by the offeror during the oral presentation or the
question and answer session will not become a part of any contract
resulting from this RFP, unless the Government and the offeror agree to
make it part of an offer during discussions. If the Government decides to
conduct discussions the Government will not solicit or entertain revisions
to the oral presentations or to the answers given during the question and
answer session.
1. Schedule for presentation: Oral presentations will commence
approximately three weeks after the receipt of proposals. The Contract
Specialist will notify offerors of the scheduled date and time of their
presentation within two weeks of the receipt of offerors. The order in
which offerors will make presentations will be determined by drawing lots
by the Contract Specialist. Once notified of their scheduled presentation
date and time, offerors shall complete their presentations on the
scheduled date and time. Requests from offerors to reschedule their
presentations will be entertained only in emergency situations. The
Government reserves the right to reschedule an offeror's oral presentation
at the discretion of the Contract Specialist.
2. Form of presentation: Offerors will make their oral presentations in
person, at the Department of Labor/ETA, 200 Constitution Ave., NW,
Washington, D.C., to the Technical Evaluation Panel, Contract Specialist,
and other representatives of the Government. Submission of videotapes or
other forms of media containing the presentation for evaluation are not
authorized.
3. Time allowed for presentation: Offerors shall receive transparencies
one half hour prior to the presentation to caucus and prepare for the
actual presentation. Oral presentations, excluding the question and
answer session, will be limited to 90 minutes. The Contract Specialist
will strictly enforce this time limit. Following the oral presentation
there will be a recess of 1 hour. After the recess there will be a one
hour question and answer session.
4. Offeror's presentation team: A maximum of five contractor personnel
L-8
RFP-DCS-01-16 Section L
(prime and subcontractor) may participate. These individuals/presenters
will attend the oral presentation and the question and answer session and
shall answer questions directed to them. The presentation shall be made
by one or more of the personnel whom the offeror will employ to manage or
supervise contract performance on a full time basis. The Project Manager
who will have full time operational responsibility for contract
performance shall be present and shall, at a minimum, answer questions
directed to him/her during the question and answer session.
Offerors may not use company senior or general managers or consultants to
make any part of the oral presentation. In addition to the maximum of
five individuals who will participate, the offeror may send two
non-participating representatives to observe. Hence a total of seven
contractor personnel will be permitted to attend (only five may
participate) the presentation. No other officers, employees, consultants,
agents, or other representatives of the offeror may attend.
5. Content of presentation: The presentation shall not encompass price or
cost and fee. During the 90 minute oral presentation, the offeror's
presenters must demonstrate the offeror's understanding of the work that
will be required under the prospective contract by addressing the
following topics, in the following order, in accordance with the following
instructions:
(a) Introduction: The offeror should provide some information about
itself as a firm, briefly describing its organization, history, products
and services. (10 minutes)
(b) Work Breakdown: Present an analysis of the statement of work.
Subdivide statement of work tasks [identify selected tasks] into their
constituent activities. Briefly describe each activity and its inputs and
outputs. Briefly describe interrelationships and interdependencies among
the activities. (20 minutes)
(c) Contract Work Schedule: Present a Gantt chart that illustrates the
contract work schedule by [week, month, quarter, or year]. Show the
starting date and ending date of each activity identified in the work
breakdown analysis. Describe the interrelationships and interdependencies
among the tasks. (10 minutes)
(d) Contract Resource Allocations: Describe the types of professional,
administrative, clerical and other labor that will be required to perform
the contract work. Briefly describe each classification of professional
and blue collar labor, including position title(s) and grades,
journey-person level qualification requirements, typical journey-person
level duties and responsibilities. Describe the total number of hours of
each of these professional and blue collar labor classifications that will
be allocated to each of the activities identified in the work breakdown
analysis from start to finish. Also identify the types and hours of
administrative and clerical labor that will be required for each activity.
(10 minutes)
(e) Performance Risk Analysis: Identify contingent events that could, if
they were to occur, endanger satisfactory performance. Focus on critical
events that are realistically likely to occur and that would pose serious
problems. (Do not try to identify every event that could cause some minor
L-9
RFP-DCS-01-16 Section L
difficulty.) Briefly describe the nature of each such event, each work
activity with which it is associated, the estimated likelihood of its
occurrence, its likely effect on performance if it were to occur, its
likely causes, and plans to prevent its occurrence and to respond in the
event that it does occur. (20 minutes)
(f) Responsibility Assignments: Identify the components of the offeror's
organization that will have primary support responsibility for the
performance of each of the activities identified in the work breakdown
analysis. Include affiliates, subsidiaries, and subcontractors. Also,
identify the individual managers of each such organization. Briefly
describe the qualifications of each such organizational component and
person, including education and training and especially their experience
doing such work. (10 minutes)
(g) Conclusion: The offeror should summarize the main points of its
presentation and state why the Government should select the offeror for
contract award. (10 minutes)
An offeror may address any other topic, as well, within the 90 minute
limit. The Contract Specialist will strictly enforce the 90 minute time
limit.
6. Clarification of oral presentation points: After completion of the
oral presentation, the Government may request clarification of any points
addressed which are unclear and may ask for elaboration by the offeror on
any point which was not supported. Any such interchange between the
offeror and the Government will be for clarification only, and will not
constitute discussions within the meaning of FAR Part 15. The time
required for clarification will not be counted against the offeror's
presentation time limit.
7. Government Personnel:
Contract Specialist and/or Contracting Officer.
Federal Staff to assist in the administration of the presentations.
The Technical Evaluation Panel consisting of (3) individuals with
expertise in employment and training programs administered by the
Department of Labor/ETA.
8. Documentation: The Government will provide blank flip chart paper for
the offeror to use during the presentation caucus time period. An
overhead slide projector will be provided by the Government for offeror
use during the presentation. At the close of the presentation, the
offeror shall provide the Technical Evaluation with a listing of the
names, firms, and position titles of all presenters, along with all flip
charts and/or overhead slides used during the presentation. The
Government will not accept for evaluation any additional documentation
which may or may not have been referenced during the presentation.
Each offeror shall use black and white overhead transparencies (slides) to
document key points of its presentation. The Government will provide one
overhead projector, one flip-chart pad, and marker pens for the offeror's
use during the oral presentation. The offeror may not use or submit any
L-10
RFP-DCS-01-16 Section L
other media documents. "The offeror shall submit its set of overhead
transparencies and five (5) paper copies to the Government in a sealed
package with its offer" (see L.8). Failure to submit the overhead
transparencies and paper copies by the date established for receipt of
offers will cause the offer to be rejected as non-responsive.
Thirty (30) minutes before the presentation, the Contract Specialist will
give the transparencies to the offeror for its use during the
presentation. The overhead transparencies must be 8.5 by 11 inches. The
legibility and clarity of the transparencies is the responsibility of the
offeror. The transparencies submitted will be considered the offeror's
technical proposal. If there is a discrepancy between any of the
transparencies and what is verbally stated during the presentation, the
information that appears on the transparency will take precedence over
what the presenters say.
There is no limit to the number of overhead transparencies that an offeror
may use during its presentation. However, when evaluating the offeror's
presentation, the Government will consider only the information on the
transparencies that were actually projected during the presentation. The
production and use of an excessive number of slides may be detrimental to
an offeror's interests. The presentations will be audio taped by the
Government.
Offerors should mark slides in accordance with FAR 52.215-1 (e),
Restrictions on Disclosure and Use of Data, as appropriate.
L.8 SUBMISSION OF PROPOSAL
(A) - General Instructions:
Each offeror must submit an offer (proposal) and other written information
and make an oral presentation in strict accordance with these
instructions. When evaluating an offeror, the Government will consider
how well the offeror complied with the letter and spirit of these
instructions. The Government will consider any failure on the part of an
offeror to comply with both the letter and spirit of these instructions to
be an indication of the type of conduct it can expect during contract
performance. Therefore, the Government encourages offerors to contact the
Contracting Officer by telephone, facsimile transmission, e-mail, or mail
in order to request an explanation of any part of these instructions.
Your proposal must be submitted in three (3) separate and distinct parts
as outlined below, consisting of the number of stated copies and
accompanied by the required supportive materials to insure that the
proposal will be considered responsible to the Request for Proposals.
Part 1 - Original and two (2) signed copies of completed Standard Form 33,
Solicitation, Offer and Award, Original and two (2) signed copies of
Section K, the Representations, Certifications and other Statements of
Offerors and all attachments thereto except those items required in Part 2
and 3 will be submitted as outlined in their respective parts.
Legible copies are acceptable. (All copies shall be ink-signed.)
Part 2 - (1) A set of overhead transparencies and five (5) paper copies in
L-11
RFP-DCS-01-16 Section L
a sealed package. These transparencies shall be considered in effect, the
offeror's technical proposal and shall form the basis of the offeror's
Oral Presentation. PLEASE NOTE: The sealed package containing the
transparencies will not be opened until the scheduled date for an
offeror's presentation, in the presence of the Contract Specialist and a
representative of the offeror. Both the transparencies and the Oral
Presentation will be used to evaluate the offeror's capability to perform
the contract (See section M.3(D);
(2) Offerors shall submit an original and three copies of the "Resumes of
Key Personnel" (See Section M.3(B);
(3) Offerors shall submit three copies of relevant past performance
information (See Section L.6 and M.3(C); and
The Technical Proposal shall not make reference to cost or price data so
that an independent technical evaluation may be made on the basis of
technical merit alone. Failure to comply with this requirement will
result in a determination of nonresponsiveness. Proposals specifying less
than one hundred twenty (120) days Government Acceptance may be considered
not acceptable. Any exceptions taken by a proposer to any provisions of
this Request for Proposals or any condition placed upon a proposal may
result in a finding of not acceptable. Only one proposal may be submitted
by each respondent.
Part 3 - A detailed Business Management Proposal as further outlined in
the below instructions and consisting of:
(a) Three (3) copies of Attachment J.2 - Cost and Price Analysis, ETA
8555 (Mar. 1981)
(b) One (1) copy of Attachment J.3 - Statement of Financial Capability,
ETA 8554 (Mar. 1981)
(c) "One (1) each Accounting System Certification which is a statement
certifying that the offeror has an established accounting system with
internal controls adequate to safeguard their assets, insure that funds
are accounted for by cost categories, check the accuracy and reliability
of the accounting data, promote operating efficiency and permit compliance
with Government requirements and accounting procedures with respect to
Cost Reimbursement types of contracts. The statement shall be executed by
a certified public accountant (CPA), licensed public accountant, a
bona-fide accounting or audit organization such as Defense Contract Audit
Agency (DCAA) or an entity of equivalent status acceptable to the
Government." Failure to include the above stated supportive materials
with your proposal will be a basis for determination of not being
acceptable.
NOTE: Part 1, 2, and 3 should be sealed in separate envelopes and
included in one master package. The RFP number and related Part numbers
outlined above, if applicable, must be shown in the upper left hand corner
of each of the envelopes as well as the master package.
The Government warns offerors that taking exception to any term or
condition of the RFP (including submitting any alternative proposal that
requires a relaxation of a requirement), will make an offer unacceptable,
L-12
RFP-DCS-01-16 Section L
and the offeror ineligible for award, unless the RFP expressly authorizes
such an exception with regard to that specific term or condition. The
Government will consider any exception to a term or condition of the RFP
that is not expressly authorized by the RFP to be a deficiency, as defined
in FAR Part 15.
An offeror may eliminate a deficiency in its offer only through
discussions, as defined and prescribed in FAR Part 15. However, the
Government intends to award a contract without discussions, as authorized
by FAR Part 15. Therefore, any offeror planning to take exception to a
term or condition of the RFP should consult with the Contracting Officer
prior to submitting and offer, unless the RFP expressly authorizes such an
exception.
Not withstanding its plan to award without discussions, the Government
reserves the right to conduct technical and cost discussions with offers
in a competitive range, if necessary, and to permit such offerors to
revise their proposals. The government also reserves the right to change
any terms and conditions of their RFP by amendment at any time prior to
contract award and to allow offerors to revise their offers accordingly,
as authorized by FAR Part 15.
The offeror shall complete and submit all certifications included in or
attached to this Request for Proposal.
The Cost Analysis (Attachment J.2) and Financial Capability Forms
(Attachment J.3) support information shall be augmented as follows:
Offerors are required to submit cost proposals fully supported by cost and
pricing data adequate to establish the reasonableness of the proposed
costs.
1. Most current published annual balance sheet and profit or loss
statement.
2. The offeror shall furnish a total cost breakdown utilizing the enclosed
cost and price analysis form.
(a) Include the backup data to support the type of labor and estimated
numbers of hours within each category.
(b) Include a breakdown of the amount estimated for travel including
destination, duration, purpose and cost (per diem and transportation).
(c) Include backup data to support the estimated amount of material and
subcontracting (if applicable) including description of materials to be
procured, basis for proposed subcontract, type of subcontract and amounts
proposed.
3. List the names and addresses of any subcontractor* the offeror intends
to use in the performance of a resulting contract. Include the following
information about the subcontract(s).
(a) How subcontractor was selected?
(b) Has the subcontractor submitted a cost proposal?
L-13
RFP-DCS-01-16 Section L
(c) Will he be able to start performance at the start of the contract
period?
(d) What is the total cost of (each) subcontract?
(e) What services (skills) will the subcontract provide?
(f) What experience do they have in this technical area?
*Also provide the above information for consultants you intend to use in
the performance of a resulting contract.
L.9 LETTERS OF COMMITMENT - KEY PERSONNEL, (OCT 2000)
1. All proposed key personnel listed in Section M.C require written,
signed (by employee/contingency hire), and dated letters of commitment.
The Offeror shall provide letters of commitment from current employees
that state they: (1) will remain employed by the Offeror; and (2) will
work full time, or the percentage of time designated in the RFP, for at
least one year on the resultant contract if awarded to the Offeror. The
letters of commitment must reflect agreement on salary, benefits and
position.
2. Letters of commitment must also be submitted for contingency hires,
defined as persons not currently employed but who have executed a binding
letter of commitment for employment with the Offeror, if the Offeror
receives award under subject solicitation. The letter of commitment must
reflect agreement on salary, benefits and position. New hires may not be
proposed for key personnel. (A new hire is defined as specified or
unspecified persons to fill an empty position who are neither identified
as a current employee of the Offeror (or proposed subcontractor) nor as a
contingency hire).
3. For those key personnel designated by the Contracting Officer, a
binding signed employment contract between the key person(s) and the
employer/offeror contingent upon DOL awarding the employer/offeror the
resultant contract must be provided with the proposal in order for the
proposal to be considered responsive or technically acceptable. The
employment contract must: (1) be for at least one year from the date of
the award of the contract by DOL to the employer/offeror; (2) state that
the employee will work full time, or the percentage of time designated in
the RFP, on the resultant contract if awarded to the employer/offeror; and
(3) the employment contract must address salary, benefits, and position.
L.10 CONFIRMATION OF PROPOSED KEY PERSONNEL (OCT 2000)
The following certificate shall be provided upon request by the
Contracting Officer should discussions be required and revisions and/or
best and final offers be requested.
I certify that the proposed key personnel are still available for
performance under any contract resulting from this solicitation, and that
the letters of commitment are still valid. I base this certification on
written and/or oral confirmation which I received, within the past 30
days, from each individual proposed to fill the Key Personnel
L-14
RFP-DCS-01-16 Section L
requirements. I further certify that I possess copies of written
confirmations I received from each individual, and/or a memorandum to the
file documenting oral confirmation of that individual's availability. I
further promise to immediately inform the Government of any changes in the
availability of any proposed key personnel.
Date of Certification
By (Name and Signature of company president)
L.11 SPECIAL REQUIREMENTS
The key personnel positions and their required time commitment is listed
as follows:
SENIOR PROJECT MANAGER--One who has demonstrated both knowledge and
experience in Data Analysis, Evaluation, and Research Type Projects.
Further one who has demonstrated the ability to manage hybrid, and or
diverse projects, as well as staff with varied backgrounds and specialty
skill-sets. Time Commitment - 40% to 50%.
Assistant Project Manager for Marketing Outreach (i.e., must have subject
matter knowledge, skills and abilities in marketing). Time Commitment -
Full Time.
Assistant Project Manager for Persons With Disabilities Outreach
Marketing/Job Matches (i.e., must have demonstrated knowledge, skills and
abilities in working for or on behalf of persons with disabilities to
address their training and employment needs). Time Commitment - between
70% and Full Time.
Note: Both Assistant Project Managers will report directly to the Senior
Project Manager.
L.12 REQUEST FOR CLARIFICATION (RFC)
All Requests For Clarification (RFC) must be received no later than 5:00
p.m. local time, February 22, 2001.
Only electronic submission of requests will be accepted. They shall be
submitted to Ms. Chari A. Magruder at cmagruder@doleta.gov. Should any
RFC be received after the date stated above, the Government reserves the
right not to provide an answer. If, however, the Government determines
that the RFC raises an issue of significant importance, the government
will respond electronically.
The Government will not provide any information concerning requests for
clarifications in response to telephone calls from offerors. All requests
will be answered electronically and will be available to all offerors at
the DOLETA Internet site (http://www.wdsc.org.sga/rfp/htm).
Please be advised that it is the sole responsibility of the offeror to
continually view the website for any amendments to this solicitation.
L-15
RFP-DCS-01-16 Section M
SECTION M - EVALUATION FACTORS FOR AWARD
M.1 NOTICE LISTING SOLICITATION PROVISIONS INCORPORATED
BY REFERENCE
The following solicitation provisions pertinent to this
section are hereby incorporated by reference (by Citation Number,
Title, and Date) in accordance with the FAR provision at FAR
"52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE" in
Section L of this solicitation. See FAR 52.252-1 for an internet
address (if specified) for electronic access to the full text of a
provision.
NUMBER TITLE DATE
52.217-3 EVALUATION EXCLUSIVE OF OPTIONS APR 1984
M.2 BASIS FOR AWARD (BEST VALUE)
The Government intends to evaluate proposals using a two-step
methodology. The first step will involve the evaluation of the
offeror's TECHNICAL APPROACH, INDIVIDUAL STAFF EXPERIENCE AND
QUALIFICATIONS, CONTRACTOR'S PAST PERFORMANCE, AND PRICE, evaluation
factors A, B, C, and E listed below). Based on these evaluations, a
Competitive Range (FAR Part 15) consisting of the most highly rated
proposals will be established.
The second step will involve evaluation of an ORAL PRESENTATION
presented by each of the offerors within the Competitive Range.
Evaluation of oral presentations will consist of the offeror's
CAPABILITY TO PERFORM THE WORK (evaluation factor D listed below).
Therefore, each offer should contain the best terms from a cost or
price and technical standpoint
A cost realism analysis will be performed for all technically
acceptable offerors. Contract award will be based on the combined
evaluations of the contractor's Technical Approach, Individual Staff
Experience and Qualifications, Contractor's Past Performance,
Contractor's Capability to Perform the Work, and Price. The
contract resulting from this solicitation will be awarded to the
responsible offeror whose offer, conforming to the solicitation, is
determined to provide the "best value" to the Government, which may
not necessarily be the proposals offering the lowest cost nor
receiving the highest technical score. It should be noted that cost
is not a numerically weighted factor.
Although non-cost factors are significantly more important than
cost, cost is an important factor and should be considered when
preparing responsive offers (proposals). The importance of cost as
an evaluation factor will increase with the degree of equality of
M-1
RFP-DCS-01-16 Section M
the proposals in relation to the remaining evaluation factors.
When the offerors within the competitive range are considered
essentially equal in terms of technical, past performance and other
no-cost factors (if any), or when cost is so significantly high as
to diminish the value of the technical superiority to the
Government, cost may become the determining factor for award. In
summary, cost/no-cost trade offs will be made, and the extent to
which one may be sacrificed for the other if governed only by the
tests of rationality and consistency with the established factors.
Prospective contractors are advised that the selection of a
contractor for contract award is to be made, after a careful
evaluation of the offers (proposals) received, by a panel of
specialists chosen by DOL/ETA. Each panelist will evaluate the
proposals for technical acceptability using a range of scores
assigned to each factor. The factors are presented in the order of
emphasis that they will receive (i.e., Factor A has the greatest
weight, Factor B the second greatest weight, etc.). The scores will
then be averaged to select a contractor for award on the basis of
their proposal being the most advantageous to the Government, price
and other factors considered.
M.3 EVALUATION CRITERIA AND BASIS FOR AWARD (BEST VALUE)
A. TECHNICAL APPROACH (35 Points)
The offeror's technical approach is to be developed in a clear and
concise manner. The proposal shall clearly explain how the
technical approach meets the objectives of this RFP. To the extent
possible, the contractor should indicate a general (basic) knowledge
of the Dislocated Worker Program and the American Registered
Apprenticeship System (e.g., history, current challenges, emerging
new market needs for skilled workers, and diversity issues and
concerns). The contractor should clearly define how he or she
proposes to manage (e.g., oversee, conduct research, compile and
analyze data, evaluate, report, and coordinate with BAT/ATELS staff,
and the Project Officer. The proposals shall also show the
offeror's understanding/approach to Task No. 11 (e.g., clear
deliberation of the requirement set forth in task 11, and the
submission of a proposed 18 month work plan to execute the subtasks.
No more than 35 single-spaced typewritten pages should be submitted
for review and evaluation by the Procurement Panel. Work Plans
and/or timetables based upon the 18 month period of performance as
well as resumes and past performance information (Attachment J.7)
will not be considered to be a part of the 35 page proposal
submission.
Please be advised that offerors shall be evaluated under this factor
based on the following:
1. Offeror's explanation of how the technical approach meets
the objectives of the RFP.
2. Offeror's basic knowledge of the Dislocated Worker Program
and the American Registered Apprenticeship System (e.g., history,
M-2
RFP-DCS-01-16 Section M
current challenges, emerging new market needs for skilled workers,
and diversity issues and concerns).
3. How clear the offeor defines how they propose to manage
(e.g., oversee, conduct research, compile and analyze data,
evaluate, report, and coordinate with BAT/ATELS staff, and the
Project Officer.
4. Offeror's understanding/approach to Task 11 (e.g., clear
deliberation of the requirement set forth in task 11, and the
submission of a proposed 18 month work plan to execute the subtasks.
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.
M-3
RFP-DCS-01-16 Section M
(b) A statement of the work that the individual has completed or
which is currently underway for work that is relevant to the
proposed work on the demonstration project.
(c) The individual's educational background;
(d) The position to which the individual would be assigned for the
project and the type of work that they would perform in that
capacity.
Please be advised that offerors shall be evaluated under this factor
based on the following:
(i) The experience and qualifications of the proposed Senior Project
Manager and the amount of time committed to the project. This
person shall be a qualified professional capable of supervising
activities involved in support of each task order; be qualified to
coordinate all project related personnel matters communicate both
orally and in writing with all levels of ETA personnel; be a
qualified professional capable of working independently and
providing guidance to lower level personnel; one who has
demonstrated both knowledge and experience in Data Analysis,
Evaluation, and Research Type Projects; has demonstrated the ability
to manage hybrid, and or diverse projects, as well as staff with
varied backgrounds and specialty skill-sets; has a graduate degree
and relevant experience in being able to analyze data, conduct
programmatic evaluation, provide relevant technical assistance to
ensure positive outcomes, and have the knowledge, skills and
abilities to engage in conducting research to determine new and
innovative strategies and approaches to ensure a successful project.
The Senior Project Manager is to devote a time commitment of at
least 40% to 50%.
(ii) The experience and qualifications of all professional
personnel. Professional personnel should have a minimum of three
years experience in related work and the technical expertise for
their role in the project. The proposed Assistant Project Manager
for Marketing Outreach must have subject matter knowledge, skills
and abilities in marketing; relevant experience in Marketing
Outreach; a degree is not required, but prior experience must be
demonstrated; and devote a Full Time commitment. The proposed
Assistant Project Manager for Persons With Disabilities Outreach
Marketing/Job Matches must have a graduate degree and relevant
experience in work for or on behalf of persons with disabilities;
should be able to demonstrate recent prior experience, knowledge,
skills and abilities with reference to the training and employment
needs of disabled persons; and devote between 70% and Full Time
commitment. Note: Both Assistant Project Managers will report
directly to the Senior Project Manager.
(iii) The time commitment of all personnel assigned to the project
(the number of hours per month that each individual will devote to
the project over its life), as well as "Letters of Intent" for each
professional personnel. All professional personnel must devote a
full time effort on this project except where percentage of time of
professional personnel is designated in the RFP.
M-4
RFP-DCS-01-16 Section M
(iv) A resume for each professional personnel to be assigned to the
project. At a minimum, each resume shall include:
(a) The individual's current employment status and previous work
experience, including position title, dates in position, duties
performed, and employing organization. Duties shall be clearly
defined in terms of the role performed, i.e., management, team
leader, consultant. Also, indicate whether each individual is
currently employed by the contractor, and (if so) for how long.
(b) A statement of the work that the individual has completed or
which is currently underway for work that is relevant to the
proposed work.
(c) The individual's educational background;
(d) The position to which the individual would be assigned for the
project and the type of work that they would perform in that
capacity; and
(v) Staffing charts listing names, qualifications, and experience of
professional personnel (including outside consultants), staff
time/time loading charts showing the amount of time each staff
person will devote to each task and sub-task, and an indication of
how staff will be allocated to perform all necessary field work
during the project.
C. CONTRACTOR'S PAST PERFORMANCE (20 Points)
This criterion shall represent up to 20% of the total score of the
proposal. Award may be made from the initial offers without
discussions. However, if discussions are held offerors will be
provided the opportunity to address unfavorable reports of past
performance, if the offeror has not had a previous opportunity to
review the rating. Past Performance shall include evaluating
offerors with no relevant performance history, and shall provide
offerors an opportunity to identify past or current contracts
(Federal, State, and local government and private) for efforts
similar to the Government requirement.
Offerors shall provide a clear delineation of prior work in the
conduct and facilitation of forums, conducting research to gather
relevant data for analyses and compilation, demonstrated knowledge
of techniques used and skills applied in the development, design,
implementation, and evaluation of a successful Marketing Outreach
Campaign. information on problems encountered on the identified
contracts and the offeror's corrective actions. The Government
shall consider this information, as well as information obtained
from any other sources, when evaluating the offeror's past
performance.
The Contracting Officer shall determine the relevance of similar
past performance information. Offers shall submit past performance
information regarding predecessor companies, professional personnel
who have relevant experience, or subcontractors that will perform
M-5
RFP-DCS-01-16 Section M
major or critical aspects of the requirement when such information
is relevant to the instant acquisition. Offerors without relevant
past performance history or for whom information on past performance
is not available, the offeror may not be evaluated favorably or
unfavorably on past performance. In this instance the offeror would
receive a neutral score.
D. CONTRACTOR'S CAPABILITY TO PERFORM THE CONTRACT (20 points)
The Government will evaluate each offeror's capability to perform
the contract on the basis of its oral presentation and the responses
it gives during the question and answer session that will follow the
oral presentation. In making this evaluation, the government will
consider an offeror's: (1) knowledge of the content of the work in
terms of constituent activities, their inputs and outputs, and their
interrelationships and interdependencies; (2) recognition of the
appropriate sequence and realistic duration of the work activities;
(3) knowledge of the appropriate types of resources required to
perform the work activities; (4) familiarity with the difficulties ,
uncertainties, and risks associated with the work; and (5) knowledge
of the personnel and subcontractor qualifications necessary to the
performance of the work.
E. PRICE
Cost Realism will be performed as part of the proposal evaluation
process. The purpose of this evaluation shall be (a) to verify the
offeror's understanding of the requirement; (b) to assess the degree
to which the cost/price proposal reflects the approaches and/or
risk assessments made in the technical proposal as well as the risk
that the offeror will provide the services for the offered
prices/cost; and (c) assess the degree to which the cost reflected
in the cost/price proposal accurately represents the work effort
included in the technical offer (proposal).
M.4 DETERMINING BEST OVERALL VALUE
In order to determine which offeror represents the best overall
value, the Contracting Officer will make a series of paired
comparisons among only those offerors that submitted acceptable
offers (proposals). If, in any paired comparison, the offeror with
the higher expected value also has the lower price, then the
Contracting Officer will consider that offeror to represent the
better overall value. If the offeror with the higher expected value
has the higher price, then the Contracting Officer will decide
whether the difference in expected value is worth the difference in
price. If the Contracting Officer decides that it is, then they
will consider the offeror with the higher expected value and the
higher price to represent the better overall value. If not, then
the Contracting Officer will consider the offeror(s) with the lower
expected value and the lower price to represent the better value.
The Contracting Officer will continue to make paired comparisons in
this way until they have identified the best overall value.
Pursuant to FAR Subpart 52.215-1 Instructions to Offerors -
Competitive Acquisition, the Contracting Officer reserves the right
M-6
RFP-DCS-01-16 Section M
to award without discussion to the source(s) whose offer is the most
advantageous to the Government, price and other factors considered.
M-7
