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SOLICITATION, OFFER AND AWARD
1. THIS CONTRACT IS A RATED ORDER UNDER DPAS (15 CFR 700)
RATING N/A
PAGE OF PAGES
1 |
2. CONTRACT NUMBER
3. SOLICITATION NUMBER RFP-DCS-01-43
4. TYPE OF SOLICITATION
SEALED BID (IFB)
X NEGOTIATED (RFP)
5. DATE ISSUED 1/22/02
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 5 copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 6, or if hand carried, in the depository located in Item 7 until 2:00pm (Hour) local time 2/28/02 (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 Vera Montague B. TELEPHONE (NO COLLECT CALLS)
C. E-MAIL ADDRESS vmontague@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. 2026933318
AWARD (To be completed by Government)
19. ACCEPTED AS TO ITEMS NUMBERED
20. AMOUNT $.00
21. ACCOUNTING AND APPROPRIATION
22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:
10 U.S.C. 2304(a) ( )
41 U.S.C. 252(c) ( )
23. SUBMIT INVOICES TO ADDRESS SHOWN IN (4 copies unless otherwise specified)
ITEM
24. ADMINISTERED BY (If other than Item 7) CODE
U.S. Department of Labor, ETA 200 Constitution Avenue, NW Room C-4310 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) Keith A. Bond
27. UNITED STATES OF AMERICA
(Signature of Contracting Officer)
28. AWARD DATE IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized written notice.
STANDARD FORM 33 (REV. 9-97)
SERVICES ORDERED
Title: "Job Corps Recruitment Information, Call Center and Alumni Support"
The Department of Labor, Employment and Training Administration (DOL/ETA), is soliciting proposals to select a contractor to provide assistance to ETA in support of former students who have returned after participation in the Job Corps program, to their respective communities and serve as a source of information about Job Corps for recruiting purposes through operation of the toll-free Job Corps information number.
Solicitation No. is RFP-DCS-01-43.
Period of Performance is twelve (12) months from the date of contract execution by the government, plus four 1-year options to extend at the discretion of the government.
This solicitation is a 100% Small Business Set-Aside.
The North American Industry Classification System Code is 541618, with a $5 million size standard.
A cost reimbursement type contract is contemplated for this requirement.
Closing time and date are February 28, 2002, at 2:00 p.m. local time.
The incumbent contractor under this solicitation is Research and Evaluation Associates, Inc., of North Carolina, under Contract Number E-6073-7-00-82-30. The Contract was awarded on February 27, 1997, in the amount of $1,223,848. The total amount awarded under this contract was $12,052,090, inclusive of options.
REQUESTS FOR CLARIFICATION (RFC) MUST BE RECEIVED NO LATER THAN 5:00
PM LOCAL TIME February 1, 2002.
Only electronic submission of requests will be accepted. They shall be submitted to Ms. Vera Montague at vmontague@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.doleta.gov/sga/rfp.cfm).
Please be advised that it is the sole responsibility of the offeror to continually view the website for any amendments to this solicitation.
The Department of Labor,
Employment and Training Administration (DOL/ETA), is soliciting proposals to
select a contractor to provide assistance to ETA in support of former students
who have returned after participation in the Job Corps program, to their
respective communities and serve as a source of information about Job Corps for
recruiting purposes through operation of the toll-free Job Corps information
number.
Job Corps is a national,
residential, training and employment program administered by the U.S. Department
of Labor. Job Corps is dedicated to helping disadvantaged youth address and
overcome multiple barriers to employment. To date, our placement rate is just
over 80 percent.
Established by the Economic Opportunity Act of 1964,
authorization continued under the Comprehensive Employment Training Act, then
Title IV-B of the Job Training Partnership, and is currently provided for under
Title 1-C of the Workforce Investment Act of 1998. The residential aspect and
holistic approach of integrating academic, vocational and life skills
distinguish Job Corps from other employment and training programs.
The
primary goal for Job Corps staff is to make every moment count for every student
who walks onto a Job Corps campus. Whether a student remains in the program for
the maximum time allowed to prepare for a career, or only a few months to hone
employability skills or complete his/her education, Job Corps is designed to
leave a positive and lasting impression on the personal and professional outlook
of each student.
Job Corps serves young people at 118 campuses nationwide
(contiguous U.S., Alaska, Hawaii and Puerto Rico) who are ages 16 through 24 and
economically disadvantaged, or in need of additional education, training, or
counseling to sustain meaningful employment. The centers have a total capacity
of 44,000. Since some students are enrolled for less than a full year, more than
70,000 enroll in Job Corps each year. Most students (80 percent) are high school
dropouts, have never been employed (62 percent) and more than one-fourth come
from families on public assistance. Major corporations and nonprofit
organizations manage and operate 90 Job Corps centers under contract with the
DOL. The Departments of Agriculture and Interior operate 28 Job Corps centers on
public lands. These centers are referred to as Job Corps Civilian Conservation
Centers. Job Corps center operators are responsible for the management and
administration of Job Corps centers on a 7-day-a-week, 24-hours-a-day basis.
Students are recruited and screened for eligibility by outreach and admissions
contractors. Eligible applicants are assigned to Job Corps centers under
guidelines issued by the Department of Labor. Recruitment is supported by a Job
Corps toll-free telephone number, 1-800-733-JOBS, which refers youth to the
appropriate admissions counselor.
To become a student in Job Corps, a
youth must have the capabilities and aspirations needed to complete and benefit
from the program, and be free of medical and behavioral problems that would
endanger the student or others. No individual is accepted as a student unless it
is determined that there is a reasonable expectation that the youth can
participate successfully in group situations and activities with other
students.
The nature of the program brings with it many challenges that
are inherent when youth are located outside their home environment. Despite
intense staff intervention and assistance some students can become homesick or
want to return home due to problems encountered in a new residential (or
non-residential) setting. Some students elect to leave centers early rather than
deal with their challenges. Students often encounter additional problems when
they leave Job Corps. They may lack information on resources available to them
in their community or may need support services or peer group support to enable
them to make the transition successfully into the world of work. They need a
support system of caring individuals who can relate to their problems and needs
from the time they are recruited until they become contributing members of their
communities. One means of support for these youth is through the National Job
Corps Alumni Association -- an organization comprised of former students (see
below).
NOTE: Please see Attachment J.10 Program description from the Job
Corps Annual Report for Program Year 2000 ending June 30, 2001. The attachment
contains additional information about the program.
The contractor will
perform the following tasks: (1) provide guidance and administrative support to
the National Job Corps Alumni Association (NJCAA) to transform the organization
into an entity that resembles successful university alumni associations, (2)
work with the National Office of Job Corps to develop, implement, continually
improve and manage Job Corps' 1-800 telephone number, with the goal of providing
accurate and useful information to potential enrollees, (3) work closely with
the National Media Campaign to develop quarterly targets for regional call
volume and develop trend analysis from data collection from the Job Corps 1-800
telephone number as it relates to the National Media campaign, responsiveness of
admissions counselors, and outcomes of referring complaints to regions for
action, (4) works with other personnel, to ensure technical difficulties are
immediately reported for resolution and, (5) within 30 days after award of the
contract, deliver a transition plan, operating plan and staffing chart to the
Government Authorized Representative for review and approval.
Toll-Free
Telephone Number Recognizing the need for a national toll-free phone number, to
provide accurate information about Job Corps to potential applicants and their
families, Job Corps established the 1-800-733-JOBS national number. About
300,000 calls are received at the number during the year. This includes
inquiries generated by a national media campaign and several regional and local
advertising campaigns. Expected coverage at a call center needs to be available
24 hours per day, seven days a week backed up by a voice mail system that can
handle this volume of inquiries.
Callers who are deemed to meet the basic
Job Corps eligibility requirements are referred to admissions counselors
electronically, via the Outreach and Admissions Student Input System (OASIS)
database, which is maintained by the Job Corps Data Center. Referrals are
available, within 24 hours from the time of calls, for retrieval from OASIS by
Outreach and Admissions contractors throughout the country.
National Job
Corps Alumni Association (NJCAA) The National Job Corps Alumni Association
(NJCAA) was created in 1980 and operated by contract staff out of a central
location in Washington, D.C. The Alumni Association was formed to provide a
framework for the voluntary efforts of former students. The NJCAA was funded on
a sole-source basis from its creation through September 1985. Since Fiscal Year
1986, the U.S. Department of Labor has funded the support for NJCAA program on a
competitive basis. The NJCAA presently consists of 72 chapters throughout the
nation, 44 of which are currently active. Since its beginning, more than 44,000
members have joined; current addresses are available for approximately 23,000
alumni.
The contractor will assist in administering the NJCAA program, as
directed by the National Office of Job Corps. The current staff organizes and
operates the NJCAA on a full-time basis, performing functions such as record
keeping, membership processing, meeting planning, chapter planning, technical
assistance, and material production. The contractor will serve as a source of
information concerning the NJCAA and it is a recognized contact point between
NJCAA members and the Office of Job Corps. The contractor will also work closely
with the National Job Corps Alumni Association (NJCAA) to improve its internal
and external infrastructure. It is expected that this collaboration will also
result in an increase in NJCAA membership and activities that help all enrollees
achieve career objectives resulting in long term attachment to the labor
market.
The contractor will teach the NJCAA how to develop, implement,
and manage a speakers bureau, online services via the established NJCAA website,
a toll-free number for information and recruiting purposes and essential
administrative processes. The contractor will work with local chapters to build
their expertise in public relations, meeting management, resource mobilization,
membership growth and retention, effective communication, public speaking and
leadership skills.
Task 1 - Provide guidance and
administrative support to the National Job Corps Alumni Association (NJCAA).
Deliverables: (1) Assist in the operation, on a full-time basis the
day-to-day operations of record keeping, membership processing, meeting
planning, chapter planning, technical assistance, and material production. (2)
In collaboration with the NJCAA Board, review internal organizational structures
and annual plans to develop strategies that align with NJCAA objectives to
support National Office of Job Corps objectives. (3) In collaboration with the
NJCAA Board establish administrative and financial benchmarks/timelines for the
NJCAA to achieve identified goals. (4) Initiate and facilitate discussion
between NJCAA Board and Federal staff (regional and national), students, alumni
(both active and inactive) and support contractors. (5) Provide follow-up
technical assistance to NJCAA and related parties for continuous enhancement.
Task 2 - Work closely with the NJCAA Board and graduates to develop and
implement a plan to increase NJCAA membership.
Deliverables: (1)
Evaluate membership requirements and recommend changes that will increase the
number of active members and develop guidelines to match Job Corps graduate
criteria. (2) Upon revising membership guidelines, and yearly benchmarks to
guide national recruiting campaigns that will increase the size of the NJCAA and
establish balanced representation of alumni in each Job Corps region. (3)
Organize new NJCAA chapters and revitalize inactive ones by teaching staff how
to effectively provide technical assistance.
Task 3 - Provide technical
assistance to NJCAA staff to maintain a clearinghouse of information to former
students in areas such as employment, family assistance and other
support-related services to ensure self-sufficiency and life-long success.
Deliverables: (1) Teach NJCAA staff and officials to provide general
advice and counseling to alumni, processing routine questions relating to
transition funds, lost w-2 forms, etc., and serve as liaison between alumni
serving in various support capacities and the Job Corps regional and national
offices. (2) Teach and coordinate the activities of the NJCAA Speakers Bureau.
(3) Maintain clearinghouse of updated information to former students to assist
in career transition that can be accessed via the Information Service Center.
(4) In coordination with the NJCAA Board of Directors, plan semi-annual meetings
that, in part, will evaluate policy decisions affecting the NJCAA organization,
achieving CDSS goals, and the progress of the organization in becoming
self-sufficient. (5) Assist in the annual Hall of Fame activities as requested
by Job Corps, such as arranging transportation and hotel accommodations,
coordinating meetings with Congressmen and Senators, Secretary of Labor and
other dignitaries, touring the Nation's Capital, development and presentation of
the award publicity, and assisting in judging the student Arts and Crafts
Contest.
Task 4 - Develop, implement and manage a call center, which
includes a Job Corps 1-800 number.
Deliverables: (1) Operate and
maintain a call center on a 24 hr. basis with live coverage and a back-up
recording system for high-volume usage. Because Job Corps emphasizes recruitment
of Latino youth, one requirement is that bilingual coverage for the 1-800 number
must be provided during the hours of operation. (2) Contractor shall provide
network linkage to support the call center to facilitate reporting, data
collection and transfer from OASIS in coordination with the Job Corps Data
Center, as necessary. (3) Implement automated response features to direct
callers according to specific needs. (4) Through the Job Corps 1-800 number
provide prospective students accurate and pertinent information about Job Corps
for enrollment and career transition needs. The contract staff shall respond to
all 1-800 number calls and other types of inquiries about Job Corps by: �
Describing accurately the benefits and operation of the Job Corps program and
responding in a timely manner; � Forwarding literature about the program; �
Where possible, linking a local alumni with the caller; and � For recruitment
purposes providing name and phone number of a local admissions counselor and for
Career Transition Support, providing information about local one stops. (5)
Continually review, recommend, and provide necessary technical assistance,
including suggested delivery strategies, to ensure connectivity with Job Corps
data systems. (6) Provide recommendations to the National Office, as part of the
quarterly report, concerning improvements to existing systems of communication.
(7) Provide monthly reports from the Job Corps 1-800 telephone number that: (a)
track number of calls, (b) the nature of the call, (c) the number of complaints,
and (d) the response time from admissions counselors for the complaints.
Task 5 - Work closely with the National Media Campaign contractor and
Job Corps regional offices to develop communication procedures for sharing of
information and technical support.
Deliverables: (1) Collect data from
Job Corps 1-800 telephone number, as it relates to the National Media Campaign,
and develop monthly trend analyses for each region. (2) Coordinate quarterly
teleconference with the National Media Campaign contractor to address media and
technical issues.
*Within 30 days after award of the contract, the
contractor will deliver a transition plan, operating plan and staffing chart to
the Government Authorized Representative for review and approval.
The contractor shall be
required to provide the necessary personnel to accomplish each task listed
above. The key personnel positions and their required time commitment are listed
as follows:
The Project Director (100%) Outreach Coordinator (100%)
Program Coordinator (100%) Communications Coordinator (100%) Training Specialist
(100%)
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
The period of performance
shall be twelve (12) months from the date of contract execution, plus four
1-year options to extend at the discretion of the government.
The level of effort for
this project is estimated at between 30 and 31 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.
The contractor shall be
responsible for submission of reports and deliverables as described in Section
C.4 of the solicitation.
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)
(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.
A. Payments under this contract will be made either
by check or electronic funds transfer (through the Treasury Fedline
Communications System (FEDLINE) or the Automated Clearing House (ACH)), at the
option of the Government. After award, but no later than 14 days before an
invoice or contract financing request is submitted, the Contractor shall
designate a financial institution for receipt of electronic funds transfer
payments. The contractor shall submit this designation to the Contracting
Officer or other Government official as directed.
B. For payments through
FEDLINE, the Contractor shall provide the following information:
(1)
Name, address, and telegraphic abbreviation of the financial institution
receiving payment.
(2) The American Bankers Association 9-digit
identifying number of the financing institution receiving payment if the
institution has access to the Federal Reserve Communications System.
(3)
Payee's account number at the financial institution where funds are to be
transferred.
(4) If the financial institution does not have access to the
Federal Reserve Communications System, provide the name, address, and
telegraphic abbreviation of the correspondent financial institution through
which the financial institution receiving payment obtains electronic funds
transfer messages. Provide the telegraphic abbreviation and American Bankers
Association identifying number for the correspondent institution.
C. For
payments through ACH, the Contractor shall provide the following
information:
(1) Routing transit number of the financial institution
receiving payment (same as American Bankers Association identifying number used
for FEDLINE).
(2) Number of account to which funds are to be
deposited.
(3) Type of depositor account ("C" for checking, "S" for
savings).
(4) If the Contractor is a new enrollee to the ACH system, a
"Payment Information Form," SF 3881, must be completed before payment can be
processed.
D. In the event the Contractor, during the performance of this
contract, elects to designate a different financial institution for the receipt
of any payment made using electronic funds transfer procedures, notification of
such change and the required information specified above must be received by the
appropriate Government official 30 days prior to the date such change is to
become effective.
E. The documents furnishing the information required in
paragraphs B and C above must be dated and contain the signature, title, and
telephone number of the Contractor official authorized to provide it, as well as
the Contractor's name and contract number.
F. Contractor failure to
properly designate a financial institution or to provide appropriate payee bank
account information may delay payments of amounts otherwise properly
due.
G. The Contractor shall forward the information required above
to:
U.S. Department of Labor, ETA
Division of Accounting, Room
N-4702
200 Constitution Avenue, NW
Washington, DC 20210
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.
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.
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.
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.
(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.
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.
(a) Accounting
The contractor may procure and
utilize such accounting services as are required to establish and maintain an
accounting system which reflect accurate, current and complete financial
transactions and which meet the standards of the Comptroller General of the
United States and the Department of Labor.
(b) Auditing
The
contractor shall audit or have audited subcontractor financial records as may be
required to determine, at a minimum, the fiscal integrity of financial
transactions and compliance with laws, regulations and administrative
requirements.
The U.S. Department of Labor shall be responsible for
scheduling all audits of the prime contractor's books, documents, papers and
records. The Department will use its own audit resources or shall use certified
or public accountants under contract or auditors from another Federal
agency.
Cost of Accounting Services and Audit of subcontractors as
described herein are allowable cost under this contract. Costs for audits for
which the U.S. Department of Labor is responsible are unallowable.
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.
The personnel specified below or in attachment to
this contract are considered to be essential to the work being performed
hereunder. Prior to diverting any of the specified individuals to other
programs, the Contractor shall notify the Contracting Officer reasonably in
advance and shall submit justification (including proposed substitutions) in
sufficient detail to permit evaluation of the impact on the program. No
diversion shall be made by the Contractor without the written consent of the
Contracting Officer; Provided, that the Contracting Officer may ratify in
writing such diversion and such ratification shall constitute the consent of the
Contracting Officer required by this clause. The below list or attachment to
this contract may be amended from time to time during the course of the contract
to either add or delete personnel, as appropriate.
For the purpose of
this contract, the key personnel positions are identified below as:
- Project Director
- Outreach Coordinator
- Program Coordinator
- Communications Coordinator
- Training Specialist
-
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.
All correspondence relating to contractual aspects
shall be directed to the Division of Contract Services: Attention: Contracting
Officer.
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.
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.
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.
(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.
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.
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.
All written materials issued by the Contractor or
grantee shall conform to the following guidelines for eliminating sexist
language and art work:
(a) Avoid the use of sex reference in job titles.
Titles should conform to the Census Bureau's occupational classification system
and the most recently published edition of the Dictionary of Occupational
Titles.
-- Longshore workers instead of longshoremen.
(b) Avoid
the use of male and female gender word forms.
-- Aviator to include men
and women pilots, not aviatrix.
(c) Include both sexes by using terms
that refer to people as a whole.
-- Human beings or people instead of
mankind.
(d) Avoid the use of masculine and feminine pronouns or
adjectives in referring to a hypothetical person or people in general. Change
sentences such as: The average American worker spends 2 years of his life in the
workforce.
-- By rewording to eliminate unnecessary gender pronouns and
adjectives. (The average American worker spends 20 years in the
workforce.)
-- By recasting into the plural. (Most Americans spend 20
years of their lives in the workforce.)
-- By replacing the masculine or
feminine pronoun or adjective with "one", "you", "he or she", "her or him", or
his or her". (An average American spends 20 years of his or her life in the
workforce.)
(e) Refer to both men and women in such generic terms as
economist, doctor, or lawyer. Identify sex through the use of
pronouns.
-- The lawyer made her final summation.
(f) Avoid the
use of stereotyped terms or expressions such as "man-sized" job.
--
Employee-years and employee-hours (or staff-hours) instead of man-years and
man-hours.
(g) The use of art work in publications should conform to the
following guidelines:
(i) Strive to use racially and sexually balanced
designs.
(ii) Depict both men and women in art work on general subject
matters.
(iii) Show men and women in a variety of roles in photographs,
illustrations, and drawings.
-- Show women and men as managers and
skilled laborers.
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.
In accordance with the Federal Acquisition
Regulation, 48 CFR, Clause 52.228-7 entitled, "Insurance-Liability to Third
Persons" the following kinds and amounts of insurance must be procured and
maintained in force during the lifetime of the above numbered
contract.
A. Workers' Compensation - In the amounts required by State law
or the United States Longshoremen's and Harbor Workers'Compensation Act (33
U.S.C. 901).
B. Occupational Diseases Insurance - As required by
applicable law. In any area where all occupational diseases are not compensable
under applicable law, insurance for occupational diseases shall be secured under
the employer liability section of your insurance policy, minimum per accident
$100,000.
C. Employer Liability - This insurance is to cover any
liability imposed upon an employer, by law, for damages on account of personal
injuries, including death resulting therefrom, sustained by his employees by
reason of accident.
D. General Liability Insurance (Bodily Injury) - This
insurance protects the insured against claims arising from bodily injury or
death to third parties occurring on it business premises or through its
operations except those arising from motor vehicles away from the premises,
those covered by any Workman's Compensation law, and other exclusions stated in
the policy. The required coverage for bodily injury shall be $200,000 per person
and $500,000 per occurrence.
E. Automobile Liability - The required
coverage is $200,000 per person and $500,000 per occurrence for bodily injury
and $20,000 per occurrence for property damage.
F. The policies
evidencing such insurance as required under this contract shall contain the
following endorsement:
"No cancellation, termination, or modification of
this policy shall take effect prior to the expiration of 35 days after written
notice of the cancellation, termination or modification together with suitable
identification of the policy and name insured has been sent by registered letter
to the Government representative at the address stated below:
Name of
Contracting Officer: Keith A. Bond
Address:
USDOL/ETA/DASET/OGCM/DCS
200 Constitution Ave., N.W.
Room
C-4310
Washington, D.C. 20210
The types and minimum limits reflected
above for vehicle insurance shall apply to any vehicle operated or used in
connection with performance of official business under this contract. In the
event a privately-owned vehicle is used, the Government's share of insurance
premiums, including any additional coverage required to conform with the above
limits, shall be prorated in accordance with the vehicle's actual use while
conducting business under the terms of this contract.
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.
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.
In accordance with the cost principles incorporated
in the Federal Acquisition Regulations (FAR) at 31.205-22, lobbying costs
(direct or indirect) are unallowable under this agreement. The exclusion of
lobbying costs using Department of Labor funds is not intended to penalize,
discourage, or prevent lobbying activities by utilizing non-Federal funds.
The Contractor shall receive permission from the
Contracting Officer prior to publishing any works performed under this contract.
Further, the Contractor shall acknowledge the support of the Department of Labor
whenever publicizing any work performed under this contract. To implement the
foregoing, the Contractor shall include in any publication resulting from work
performed under this contract, an acknowledgement substantially the same as
follows:
"This project has been funded, either wholly or in part, with
Federal funds from the Department of Labor, Employment and Training
Administration under Contract Number N/A the contents of this publication do not
necessarily reflect the views or policies of the Department of Labor, nor does
mention of trade names, commercial products, or organizations imply endorsement
of same by the U.S. Government."
1. The Government may
extend the terms of this contract by written notice to the Contractor at least
60 calendar days before the contract expires. This notice does not commit the
Government to an extension.
2. If the Government exercises this option,
the extended contract shall be considered to include this option
provision.
3. The initial period of this contract may be extended by one
year, at estimated costs and indirect costs as follows:
Option
Year Estimated Cost Indirect Cost Total Estimated Cost
1 $.00 $.00 $.00
2 $.00 $.00 $.00
3 $.00 $.00 $.00
4 $.00 $.00 $.00
The total duration of this
contract, including the exercise of any options under this clause, shall not
exceed 5 years.
4. Estimated costs, including any indirect costs, for the
options years shall be determined at the time of contract execution. Any
anticipated deviations from total preestimated option year costs must be
presented to the Contracting Officer in writing, with an explanation and
justification of the anticipated deviation(s), 10 calendar days after receipt of
notice by the contractor of the Government 's intention to exercise the option
to extend the term of the contract. No deviations from the total pre-established
option years estimated costs shall be permitted without the written consent of
the Contracting Officer. Deviations which would increase the total
pre-established option year estimated costs by more than 10 percent shall not be
permitted under any circumstances.
In order to avoid major
audit problems, disallowed costs, and to receive timely reimbursement of
indirect costs, contractors should take those necessary steps to comply with
this clause as well as the critical timeframes for submission of indirect cost
proposals.
You are governed by one of the categories of cost principles
listed below. Please comply with your cost principles as appropriate to your
organization. (1) Federal Acquisition Regulation (FAR) Subparts 31 and 42 apply
to private-for-profit contractors. (2) OMB Circular A-87 applies to state and
local governments and Federally-recognized Indian Tribes. States receiving JTPA
formula-allocated funds can elect to waive A-87 coverage. (3) OMB Circulars
A-21, A-88 and FAR 42.705-3 apply to educational institutions. (4) OMB Circular
A-122 applies to nonprofit institutions excluding those addressed in the
preceding as well as hospitals.
The total amount of contract funds will
not be increased to reimburse organizations for higher indirect cost rates than
those rates identified in this clause. Also, the contractor must obtain approval
from the Contracting Officer to transfer funds from other budget line items to
the indirect cost budget line items to accommodate higher indirect cost
rates.
The foregoing does not relieve the contractor of any other
administrative cost limitations regarding the contract.
Billing rates are
only temporary for the 90 days period from the effective date of your contract.
Failure to submit an acceptable indirect cost proposal to your cognizant agency
for provisional rates within the aforementioned 90-day period means that you
shall not receive any further reimbursement of your indirect billing rates until
the provisional rate proposal is received. Also, action may be taken to recoup
all indirect costs already paid to you.
A private-for-profit contractor
is to submit an acceptable indirect cost proposal for final rates to its
cognizant agency within 90 days after the end of its fiscal year. All other
contractors must submit their final rate proposals within 6 months after the end
of their fiscal year.
Block 1 or 2 is completed below as appropriate for
affected new contracts or modifications.
BLOCK 1
Rate category: (check one) Your rates and bases are:
Billing Overhead
Provisional Base:
Final (And, if applicable)
See Attached Agreement General and Admin.
Other (Explain) Base:
Effective from to or if multi-year, please explain here:
BLOCK 2
(For special
indirect cost ceilings)
Special percent ceiling is % for (usually
overhead) and if applicable, % for General and Administrative.
Base:
OR
Special dollar ceiling is $ for (usually overhead) and if
applicable, $ for General and Administrative. Base:
Effective from to or
if multi-year, please explain here:
If applicable for ceilings, please
describe here any situation whereby the bases in Block 2 above differ from the
bases in Block 1 above. Also, the maximum reimbursement for indirect costs under
this contract will be based on the lower of the negotiated rates or
ceilings.
If the Department of Labor (DOL) is your cognizant agency,
proposals for indirect cost rates and supporting data and documentation should
be sent to the Office of Cost Determination (OCD) Negotiator in the appropriate
DOL Regional Office or if applicable, to the OCD National Office whose address
and phone number is listed below. In addition, if you do not know your cognizant
Federal agency, please call the phone number listed below:
Director, 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)
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 MAY 2001
52.203-3 GRATUITIES APR 1984
52.203-5 COVENANT AGAINST CONTINGENT FEES APR 1984
52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO JUL 1995
THE GOVERNMENT
52.203-7 ANTI-KICKBACK PROCEDURES JUL 1995
52.203-8 CANCELLATION, RESCISSION, AND RECOVERY JAN 1997
OF FUNDS FOR ILLEGAL OR IMPROPER
ACTIVITY
52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR JAN 1997
IMPROPER ACTIVITY
52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE JUN 1997
CERTAIN FEDERAL TRANSACTIONS
52.204-4 PRINTED OR COPIED DOUBLE-SIDED AUG 2000
ON RECYCLED PAPER
52.209-6 PROTECTING THE GOVERNMENT'S INTEREST JUL 1995
WHEN SUBCONTRACTING WITH CONTRACTORS
DEBARRED, SUSPENDED, OR PROPOSED FOR
DEBARMENT
52.215-2 AUDIT AND RECORDS--NEGOTIATION JUN 1999
52.215-8 ORDER OF PRECEDENCE--UNIFORM CONTRACT OCT 1997
FORMAT
52.216-7 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
52.222-1 NOTICE TO THE GOVERNMENT OF LABOR FEB 1997
DISPUTES
52.222-3 CONVICT LABOR AUG 1996
52.222-19 CHILD LABOR - COOPERATION WITH FEB 2001
AUTHORITIES AND REMEDIES
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
52.222-37 EMPLOYMENT REPORTS ON DISABLED VETERANS JAN 1999
AND VETERANS OF THE VIETNAM ERA
52.223-6 DRUG-FREE WORKPLACE MAY 2001
52.225-13 RESTRICTIONS ON CERTAIN FOREIGN JUL 2000
PURCHASES
52.227-1 AUTHORIZATION AND CONSENT JUL 1995
52.227-2 NOTICE AND ASSISTANCE REGARDING PATENT AUG 1996
AND COPYRIGHT INFRINGEMENT
52.227-14 RIGHTS IN DATA--GENERAL JUN 1987
52.228-7 INSURANCE--LIABILITY TO THIRD PERSONS MAR 1996
52.232-17 INTEREST JUN 1996
52.232-18 AVAILABILITY OF FUNDS APR 1984
52.232-22 LIMITATION OF FUNDS APR 1984
52.232-23 ASSIGNMENT OF CLAIMS JAN 1986
52.232-33 PAYMENT BY ELECTRONIC FUNDS--CENTRAL MAY 1999
CONTRACTOR REGISTRATION
52.233-1 DISPUTES 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 MAY 2001
52.242-4 CERTIFICATION OF FINAL INDIRECT COSTS JAN 1997
52.242-13 BANKRUPTCY JUL 1995
52.243-2 CHANGES--COST REIMBURSEMENT AUG 1987
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 MAY 2001
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
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.
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 sections 2.101 and 32.902 of the Federal Acquisition Regulation. All
days referred to in this clause are calendar days, unless otherwise specified.
(However, see subparagraph (a)(4) of this clause concerning payments due on
Saturdays, Sundays, and legal holidays.)
(a) Invoice payments (1) Due
Date. (i) Except as indicated in subparagraph (a)(2) and paragraph (c) of this
clause, the due date for making invoice payments by the designated payment
office shall be the later of the following two events:
(A) The 30th day
after the designated billing office has received a proper invoice from the
Contractor (except as provided in subdivision (a)(1)(ii) of this
clause).
(B) The 30th day after Government acceptance of supplies
delivered or services performed by the Contractor. On a final invoice where the
payment amount is subject to contract settlement actions, acceptance shall be
deemed to have occurred on the effective date of the contract
settlement.
(ii) If the designated billing office fails to annotate the
invoice with the actual date of receipt at the time of receipt, the invoice
payment due date shall be the 30th day after the date of the Contractor's
invoice; provided a proper invoice is received and there is no disagreement over
quantity, quality, or Contractor compliance with contract
requirements.
(2) Certain food products and other payments. (i) Due dates
on Contractor invoices for meat, meat food products, or fish; perishable
agricultural commodities; and dairy products, edible fats or oils, and food
products prepared from edible fats or oils are--
(A) For meat or meat
food products, as defined in section 2(a)(3) of the Packers and Stockyard Act of
1921 (7 U.S.C. 182(3)), and as further defined in Pub. L. 98-181, including any
edible fresh or frozen poultry meat, any perishable poultry meat food product,
fresh eggs, and any perishable egg product, as close as possible to, but not
later than, the 7th day after product delivery.
(B) For fresh or frozen
fish, as defined in section 204(3) of the Fish and Seafood Promotion Act of 1986
(16 U.S.C. 4003(3)), as close as possible to, but not later than, the 7th day
after product delivery.
(C) For perishable agricultural commodities, as
defined in section 1(4) of the Perishable Agricultural Commodities Act of 1930
(7 U.S.C. 499a(4)), as close as possible to, but not later than, the 10th day
after product delivery, unless another date is specified in the
contract.
(D) For dairy products, as defined in section 111(e) of the
Dairy Production Stabilization Act of 1983 (7 U.S.C. 4502(e)), edible fats or
oils, and food products prepared from edible fats or oils, as close as possible
to, but not later than, the 10th day after the date on which a proper invoice
has been received. Liquid milk, cheese, certain processed cheese products,
butter, yogurt, ice cream, mayonnaise, salad dressings, and other similar
products, fall within this classification. Nothing in the Act limits this
classification to refrigerated products. When questions arise regarding the
proper classification of a specific product, prevailing industry practices will
be followed in specifying a contract payment due date. The burden of proof that
a classification of a specific product is, in fact, prevailing industry practice
is upon the Contractor making the representation.
(ii) If the contract
does not require submission of an invoice for payment (e.g., periodic lease
payments), the due date will be as specified in the contract.
(3)
Contractor's invoice. The Contractor shall prepare and submit invoices to the
designated billing office specified in the contract. A proper invoice must
include the items listed in paragraph (a)(3)(i) through (a)(3)(viii) of this
clause. If the invoice does not comply with these requirements, it shall be
returned within 7 days after the date the designated billing office received the
invoice (3 days for meat, meat food products, or fish; 5 days for perishable
agricultural commodities, edible fats or oils, and food products prepared from
edible fats or oils), with a statement of the reasons why it is not a proper
invoice. Untimely notification will be taken into account in computing any
interest penalty owed the Contractor in the manner described in subparagraph
(a)(5) of this clause.
(i) Name and address of the
Contractor.
(ii) Invoice date. (The Contractor is encouraged to date
invoices as close as possible to the date of the mailing or
transmission.)
(iii) Contract number or other authorization for supplies
delivered or services performed (including order number and contract line item
number).
(iv) Description, quantity, unit of measure, unit price, and
extended price of supplies delivered or services performed.
(v) Shipping
and payment terms (e.g., shipment number and date of shipment, prompt payment
discount terms). Bill of lading number and weight of shipment will be shown for
shipments on Government bills of lading.
(vi) Name and address of
Contractor official to whom payment is to be sent (must be the same as that in
the contract or in a proper notice of assignment).
(vii) Name (where
practicable), title, phone number, and mailing address of person to be notified
in the event of a defective invoice.
(viii) Any other information or
documentation required by the contract (such as evidence of
shipment).
(ix) While not required, the Contractor is strongly encouraged
to assign an identification number to each invoice.
(4) Interest penalty.
An interest penalty shall be paid automatically by the designated payment
office, without request from the Contractor, if payment is not made by the due
date and the conditions listed in paragraphs (a)(4)(i) through (a)(4)(iii) of
this clause are met, if applicable. However, when the due date falls on a
Saturday, Sunday, or legal holiday when Federal Government offices are closed
and Government business is not expected to be conducted, payment may be made on
the following business day without incurring a late payment interest
penalty.
(i) A proper invoice was received by the designated billing
office.
(ii) A receiving report or other Government documentation
authorizing payment was processed, and there was no disagreement over quantity,
quality, or Contractor compliance with any contract term or
condition.
(iii) In the case of a final invoice for any balance of funds
due the Contractor for supplies delivered or services performed, the amount was
not subject to further contract settlement actions between the Government and
the Contractor.
(5) Computing penalty amount. The interest penalty shall
be at the rate established by the Secretary of the Treasury under section 12 of
the Contract Disputes Act of 1978 (41 U.S.C. 611) that is in effect on the day
after the due date, except where the interest penalty is prescribed by other
governmental authority (e.g., tariffs). This rate is referred to as the
"Renegotiation Board Interest Rate," and it is published in the Federal Register
semiannually on or about January 1 and July 1. The interest penalty shall accrue
daily on the invoice principal payment amount approved by the Government until
the payment date of such approved principal amount; and will be compounded in
30-day increments inclusive from the first day after the due date through the
payment date. That is, interest accrued at the end of any 30-day period will be
added to the approved invoice principal payment amount and will be subject to
interest penalties if not paid in the succeeding 30-day period. If the
designated billing office failed to notify the Contractor of a defective invoice
within the periods prescribed in subparagraph (a)(3) of this clause, the due
date on the corrected invoice will be adjusted by subtracting from such date the
number of days taken beyond the prescribed notification of defects period. Any
interest penalty owed the Contractor will be based on this adjusted due date.
Adjustments will be made by the designated payment office for errors in
calculating interest penalties.
(i) For the sole purpose of computing an
interest penalty that might be due the Contractor, Government acceptance shall
be deemed to have occurred constructively on the 7th (unless otherwise specified
in this contract) after the Contractor delivered the supplies or performed the
services in accordance with the terms and conditions of the contract, unless
there is a disagreement over quantity, quality, or Contractor compliance with a
contract provision. In the event that actual acceptance occurs within the
constructive acceptance period, the determination of an interest penalty shall
be based on the actual date of acceptance. The constructive acceptance
requirement does not, however, compel Government officials to accept supplies or
services, perform contract administration functions, or make payment prior to
fulfilling their responsibilities.
(ii) The following periods of time
will not be included in the determination of an interest penalty:
(A) The
period taken to notify the Contractor of defects in invoices submitted to the
Government, but this may not exceed 7 days (3 days for meat, meat food products,
or fish; 5 days for perishable agricultural commodities, dairy products, edible
fats or oils, and food products prepared from edible fats or oils).
(B)
The period between the defects notice and resubmission of the corrected invoice
by the Contractor.
(C) For incorrect electronic funds transfer (EFT)
information, in accordance with the EFT clause of this contract.
(iii)
Interest penalties will not continue to accrue after the filing of a claim for
such penalties under the clause at 52.233-1, Disputes, or for more than 1 year.
Interest penalties of less than $1 need not be paid.
(iv) Interest
penalties are not required on payment delays due to disagreement between the
Government and the Contractor over the payment amount or other issues involving
contract compliance or on amounts temporarily withheld or retained in accordance
with the terms of the contract. Claims involving disputes, and any interest that
may be payable, will be resolved in accordance with the clause at 52.233-1,
Disputes.
(6) Prompt payment discounts. An interest penalty also shall be
paid automatically by the designated payment office, without request from the
Contractor, if a discount for prompt payment is taken improperly. The interest
penalty will be calculated as described in subparagraph (a)(5) of this clause on
the amount of discount taken for the period beginning with the first day after
the end of the discount period through the date when the Contractor is
paid.
(7) Additional interest penalty. (i) a penalty amount, calculated
in accordance with paragraph (a)(7)(iii) of this clause, shall be paid in
addition to the interest penalty amount if the Contractor--
(A) Is owed
an interest penalty of $1 or more;
(B) Is not paid the interest penalty
within 10 days after the date the invoice amount is paid; and
(C) Makes a
written demand to the designated payment office for additional penalty payment,
in accordance with paragraph (a)(7)(ii) of this clause, postmarked not later
than 40 days after the invoice amount is paid.
(ii)(A) Contractors shall
support written demands for additional penalty payments with the following data.
No additional data shall be required. Contractors shall--
(1)
Specifically assert that late payment interest is due under a specific invoice,
and request payment of all overdue late payment interest penalty and such
additional penalty as may be required;
(2) Attach a copy of the invoice
on which the unpaid late payment interest was due; and
(3) State that
payment of the principal has been received, including the date of
receipt.
(B) Demands must be postmarked on or before the 40th day after
payment was made, except that--
(1) If the postmark is illegible or
nonexistent, the demand must have been received and annotated with the date of
receipt by the designated payment office on or before the 40th day after payment
was made; or
(2) If the postmark is illegible or nonexistent and the
designated payment office fails to make the required annotation, the demand's
validity will be determined by the date the Contractor has placed on the demand;
provided such date is no later than the 40th day after payment was
made.
(iii)(A) The additional penalty shall be equal to 100 percent of
any original late payment interest penalty, except--
(1) The additional
penalty shall not exceed $5,000;
(2) The additional penalty shall never
be less than $25; and
(3) No additional penalty is owed if the amount of
the underlying interest penalty is less than $1.
(B) If the interest
penalty ceases to accrue in accordance with the limits stated in paragraph
(a)(5)(iii) of this clause, the amount of the additional penalty shall be
calculated on the amount of interest penalty that would have accrued in the
absence of these limits, subject to the overall limits on the additional penalty
specified in paragraph (a)(7)(iii)(A) of this clause.
(C) For determining
the maximum and minimum additional penalties, the test shall be the interest
penalty due on each separate payment made for each separate contract. The
maximum and minimum additional penalty shall not be based upon individual
invoices unless the invoices are paid separately. Where payments are
consolidated for disbursing purposes, the maximum and minimum additional penalty
determination shall be made separately for each contract therein.
(D) The
additional penalty does not apply to payments regulated by other Government
regulations (e.g., payments under utility contracts subject to tariffs and
regulation).
(b) Contract financing payments--(1) Due dates for recurring
financing payments. If this contract provides for contract financing, requests
for payment shall be submitted to the designated billing office as specified in
this contract or as directed by the Contracting Officer. Contract financing
payments shall be made on the 30th day after receipt of a proper contract
financing request by the designated billing office. In the event that an audit
or other review of a specific financing request is required to ensure compliance
with the terms and conditions of the contract, the designated payment office is
not compelled to make payment by the due date specified.
(2) Due dates
for other contract financing. For advance payments, loans, or other arrangements
that do not involve recurring submissions of contract financing requests,
payment shall be made in accordance with the corresponding contract terms or as
directed by the Contracting Officer.
(3) Interest penalty not applicable.
Contract financing payments shall not be assessed an interest penalty for
payment delays.
(c) Fast payment procedure due dates. If this contract
contains the clause at 52.213-1, Fast Payment Procedure, payments will be made
within 15 days after the date of receipt of the invoice.
(d) Invoices for
interim payments. For interim payments under this cost-reimbursement contract
for services--
(1) Paragraphs (a)(2), (a)(3), (a)(4)(ii), (a)(4)(iii),
and (a)(5)(i) do not apply;
(2) For purposes of computing late payment
interest penalties that may apply, the due date for payment is the 30th day
after the designated billing office receives a proper invoice; and
(3)
The Contractor shall submit invoices for interim payments in accordance with
paragraph (a) of FAR 52.216-7, Allowable Cost and Payment. If the invoice does
not comply with contract requirements, it will be returned within 7 days after
the date the designated billing office received the invoice.
This contract
incorporates one or more clauses by reference, with the same force and effect as
if they were given in full text. Upon request, the Contracting Officer will make
their full text available. Also, the full text of a clause may be accessed
electronically at this/these address(es):
http://www.arnet.gov/far
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.
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
(a)
Definitions.
Common parent, as used in this provision, means that
corporate entity that owns or controls an affiliated group of corporations that
files its Federal income tax returns on a consolidated basis, and of which the
offeror is a member.
Taxpayer Identification Number (TIN), as used in
this provision, means the number required by the Internal Revenue Service (IRS)
to be used by the offeror in reporting income tax and other returns. The TIN may
be either a Social Security Number or an Employer Identification
Number.
(b) All offerors must submit the information required in
paragraphs (d) through (f) of this provision to comply with debt collection
requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26
U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by the IRS.
If the resulting contract is subject to the payment reporting requirements
described in Federal Acquisition Regulation (FAR) 4.904, the failure or refusal
by the offeror to furnish the information may result in a 31 percent reduction
of payments otherwise due under the contract.
(c) The TIN may be used by
the Government to collect and report on any delinquent amounts arising out of
the offeror's relationship with the Government (31 U.S.C. 7701(c)(3)). If the
resulting contract is subject to the payment reporting requirements described in
FAR 4.904, the TIN provided hereunder may be matched with IRS records to verify
the accuracy of the offeror's TIN.
(d) Taxpayer Identification Number
(TIN).
[ ] TIN:. ____________________________
[ ] TIN has been
applied for.
[ ] TIN is not required because:
[ ] Offeror is a
nonresident alien, foreign corporation, or foreign partnership that does not
have income effectively connected with the conduct of a trade or business in the
United States and does not have an office or place of business or a fiscal
paying agent in the United States;
[ ] Offeror is an agency or
instrumentality of a foreign government;
[ ] Offeror is an agency or
instrumentality of the Federal Government.
(e) Type of
organization.
[ ] Sole proprietorship;
[ ] Partnership;
[ ]
Corporate entity (not tax-exempt);
[ ] Corporate entity
(tax-exempt);
[ ] Government entity (Federal, State, or local);
[
] Foreign government;
[ ] International organization per 26 CFR
1.6049-4;
[ ] Other
___________________________________________
(f) Common parent.
[ ]
Offeror is not owned or controlled by a common parent as defined in paragraph
(a) of this provision.
[ ] Name and TIN of common parent:
Name
____________________________________________________
TIN
____________________________________________________
(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.
(D) Have [ ] have not [ ], within a three-year period
preceding this offer, been convicted of or had a civil judgment rendered against
them for: commission of fraud or a criminal offense in connection with
obtaining, attempting to obtain, or performing a public (Federal, state, or
local) contract or subcontract; violation of Federal or state antitrust statutes
relating to the submission of offers; or commission of embezzlement, theft,
forgery, bribery, falsification or destruction of records, making false
statements, tax evasion, or receiving stolen property; and
(E) 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)(D) of this provision.
(ii) The Offeror has [ ] has
not [ ], within a 3-year period preceding this offer, had one or more contracts
terminated for default by any Federal agency.
(2) "Principals," for the
purposes of this certification, means officers; directors; owners; partners;
and, persons having primary management or supervisory responsibilities within a
business entity (e.g., general manager; plant manager; head of a subsidiary,
division, or business segment, and similar positions).
THIS CERTIFICATION
CONCERNS A MATTER WITHIN THE JURISDICTION OF AN AGENCY OF THE UNITED STATES AND
THE MAKING OF A FALSE, FICTITIOUS, OR FRAUDULENT CERTIFICATION MAY RENDER THE
MAKER SUBJECT TO PROSECUTION UNDER SECTION 1001, TITLE 18, UNITED STATES
CODE.
(b) The Offeror shall provide immediate written notice to the
Contracting Officer if, at any time prior to contract award, the Offeror learns
that its certification was erroneous when submitted or has become erroneous by
reason of changed circumstances.
(c) A certification that any of the
items in paragraph (a) of this provision exists will not necessarily result in
withholding of an award under this solicitation. However, the certification will
be considered in connection with a determination of the Offeror's
responsibility. Failure of the Offeror to furnish a certification or provide
such additional information as requested by the Contracting Officer may render
the Offeror nonresponsible.
(d) Nothing contained in the foregoing shall
be construed to require establishment of a system of records in order to render,
in good faith, the certification required by paragraph (a) of this provision.
The knowledge and information of an Offeror is not required to exceed that which
is normally possessed by a prudent person in the ordinary course of business
dealings.
(e) The certification in paragraph (a) of this provision is a
material representation of fact upon which reliance was placed when making
award. If it is later determined that the Offeror knowingly rendered an
erroneous certification, in addition to other remedies available to the
Government, the Contracting Officer may terminate the contract resulting from
this solicitation for default.
(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
------------------------------------------------------------------------
___________________________________|__________________________________
___________________________________|__________________________________
___________________________________|__________________________________
___________________________________|__________________________________
___________________________________|__________________________________
___________________________________|__________________________________
___________________________________|__________________________________
___________________________________|__________________________________
___________________________________|__________________________________
------------------------------------------------------------------------
(a)(1) The North American
Industry Classification System (NAICS) code for this acquisition is--
541618.
(2) The small business size standard is 5 million [average annual
receipts for 3 preceding fiscal yrs].
(3) The small business size
standard for a concern which submits an offer in its own name, other than on a
construction or service contract, but which proposes to furnish a product which
it did not itself manufacture, is 500 employees.
(b) Representations. (1)
The offeror represents as part of its offer that it [ ] is, [ ] is not a small
business concern.
(2) (Complete only if the offeror represented itself as
a small business concern in paragraph (b)(1) of this provision.) The offeror
represents, for general statistical purposes, that it [ ] is, [ ] is not, a
small disadvantaged business concern as defined in 13 CFR 124.1002.
(3)
(Complete only if the offeror represented itself as a small business concern in
paragraph (b)(1) of this provision.) The offeror represents as part of its offer
that it [ ] is, [ ] is not a women-owned small business concern.
(4)
[Complete only if the offeror represented itself as a small business concern in
paragraph (b)(1) of this provision.] The offeror represents as part of its offer
that it [ ] is, [ ] is not a veteran-owned small business concern.
(5)
[Complete only if the offeror represented itself as a veteran-owned small
business concern in paragraph (b)(4) of this provision.] The offeror represents
as part of its offer that it [ ] is, [ ] is not a service-disabled veteran-owned
small business concern.
(c) Definitions. As used in this
provision--
Service-disabled veteran-owned small business
concern--
(1) Means a small business concern-- (i) Not less than 51
percent of which is owned by one or more service-disabled veterans or, in the
case of any publicly owned business, not less than 51 percent of the stock of
which is owned by one or more service-disabled veterans; and
(ii) The
management and daily business operations of which are controlled by one or more
service-disabled veterans or, in the case of a veteran with permanent and severe
disability, the spouse or permanent caregiver of such veteran.
(2)
Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a
disability that is service-connected, as defined in 38 U.S.C.
101(16).
Small business concern, as used in this provision, means a
concern, including its affiliates, that is independently owned and operated, not
dominant in the field of operation in which it is bidding on Government
contracts, and qualified as a small business under the criteria in 13 CFR Part
121 and the size standard in paragraph (a) of this
provision.
Veteran-owned small business concern means a small business
concern--
(1) Not less than 51 percent of which is owned by one or more
veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned
business, not less than 51 percent of the stock of which is owned by one or more
veterans; and
(2) The management and daily business operations of which
are controlled by one or more veterans.
Women-owned small business
concern, as used in this provision, means a small business concern--
(1)
That is at least 51 percent owned by one or more women; or in the case of any
publicly owned business, at least 51 percent of the stock of which is owned by
one or more women; and
(2) Whose management and daily business operations
are controlled by one or more women.
(d) Notice. (1) If this solicitation
is for supplies and has been set aside, in whole or in part, for small business
concerns, then the clause in this solicitation providing notice of the set-aside
contains restrictions on the source of the end items to be furnished.
(2)
Under 15 U.S.C. 645(d), any person who misrepresents a firm's status as a small,
HUBZone small, small disadvantaged, or women- owned small business concern in
order to obtain a contract to be awarded under the preference programs
established pursuant to section 8(a), 8(d), 9, or 15 of the Small Business Act
or any other provision of Federal law that specifically references section 8(d)
for a definition of program eligibility, shall--
(i) Be punished by
imposition of fine, imprisonment, or both;
(ii) Be subject to
administrative remedies, including suspension and debarment; and
(iii) Be
ineligible for participation in programs conducted under the authority of the
Act.
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.
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.
(a) This solicitation
sets forth the work to be performed if a contract award results, and the
Government's known delivery requirements for data (as defined in FAR 27.401).
Any resulting contract may also provide the Government the option to order
additional data under the Additional Data Requirements clause at 52.227-16 of
the FAR, if included in the contract. Any data delivered under the resulting
contract will be subject to the Rights in Data--General clause at 52.227-14 that
is to be included in this contract. Under the latter clause, a Contractor may
withhold from delivery data that qualify as limited rights data or restricted
computer software, and deliver form, fit, and function data in lieu thereof. The
latter clause also may be used with its Alternates II and/or III to obtain
delivery of limited rights data or restricted computer software, marked with
limited rights or restricted rights notices, as appropriate. In addition, use of
Alternate V with this latter clause provides the Government the right to inspect
such data at the Contractor's facility.
(b) As an aid in determining the
Government's need to include Alternate II or Alternate III in the clause at
52.227-14, Rights in Data--General, the offeror shall complete paragraph (c) of
this provision to either state that none of the data qualify as limited rights
data or restricted computer software, or identify, to the extent feasible, which
of the data qualifies as limited rights data or restricted computer software.
Any identification of limited rights data or restricted computer software in the
offeror's response is not determinative of the status of such data should a
contract be awarded to the offeror.
(c) The offeror has reviewed the
requirements for the delivery of data or software and states [offeror check
appropriate block]--
[ ] None of the data proposed for fulfilling such
requirements qualifies as limited rights data or restricted computer
software.
[ ] Data proposed for fulfilling such requirements qualify as
limited rights data or restricted computer software and are identified as
follows:
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
Note:
"Limited rights data" and "Restricted computer software" are defined in the
contract clause entitled "Rights in Data--General."
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)
The following
solicitation provisions pertinent to this section are hereby incorporated by
reference (by Citation Number, Title, and Date) in accordance with the FAR
provision at FAR "52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE" in
Section L of this solicitation. See FAR 52.252-1 for an internet address (if
specified) for electronic access to the full text of a provision.
NUMBER TITLE DATE
52.215-1 INSTRUCTIONS TO OFFERORS--COMPETITIVE MAY 2001
ACQUISITION
52.222-24 PREAWARD ON-SITE EQUAL OPPORTUNITY FEB 1999
COMPLIANCE EVALUATION
The Government
contemplates award of a (Cost Plus Fixed Fee) contract resulting from this
solicitation.
(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.
This solicitation
incorporates one or more solicitation provisions by reference, with the same
force and effect as if they were given in full text. Upon request, the
Contracting Officer will make their full text available. The offeror is
cautioned that the listed provisions may include blocks that must be completed
by the offeror and submitted with its quotation or offer. In lieu of submitting
the full text of those provisions, the offeror may identify the provision by
paragraph identifier and provide the appropriate information with its quotation
or offer. Also, the full text of a solicitation provision may be accessed
electronically at this/these
address(es):
http://www.arnet.gov/far
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 and
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
individuals providing reference information about an offeror's past performance
shall not be disclosed.
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 (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 or as designated
in Sections C.5 and L.10. The Project Director who will have a 100% 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 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 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.
(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 a sealed package. These
transparencies 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(B);
(2) Offerors shall submit an
original and three copies of resumes of all "professional personnel" (See
Section M.3(A); and
(3) Offerors shall submit an original and three
copies of relevant past performance information (See Section L.5 and
M.3(C).
The Technical Proposal shall not make reference to cost or price
data so that an independent technical evaluation may be made on the basis of
technical merit alone. Failure to comply with this requirement will result in a
determination of nonresponsiveness. Proposals specifying less than one hundred
twenty (120) 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, and the offeror ineligible for award, unless the RFP
expressly authorizes such an exception with regard to that specific term or
condition. The Government will consider any exception to a term or condition of
the RFP that is not expressly authorized by the RFP to be a deficiency, as
defined in FAR Part 15.
An offeror may eliminate a deficiency in its
offer only through discussions, as defined and prescribed in FAR Part 15.
However, the Government intends to award a contract without discussions, as
authorized by FAR Part 15. Therefore, any offeror planning to take exception to
a term or condition of the RFP should consult with the Contracting Officer prior
to submitting and offer, unless the RFP expressly authorizes such an
exception.
Not withstanding its plan to award without discussions, the
Government reserves the right to conduct technical and cost discussions with
offers in a competitive range, if necessary, and to permit such offerors to
revise their proposals. The government also reserves the right to change any
terms and conditions of their RFP by amendment at any time prior to contract
award and to allow offerors to revise their offers accordingly, as authorized by
FAR Part 15.
The offeror shall complete and submit all certifications
included in or attached to this Request for Proposal.
The Cost Analysis
(Attachment J.2) and Financial Capability Forms (Attachment J.3) support
information shall be augmented as follows:
Offerors are required to
submit cost proposals fully supported by cost and pricing data adequate to
establish the reasonableness of the proposed costs.
1. Most current
published annual balance sheet and profit or loss statement.
2. The
offeror shall furnish a total cost breakdown utilizing the enclosed cost and
price analysis form.
(a) Include the backup data to support the type of
labor and estimated numbers of hours within each category.
(b) Include a
breakdown of the amount estimated for travel including destination, duration,
purpose and cost (per diem and transportation).
(c) Include backup data
to support the estimated amount of material and subcontracting (if applicable)
including description of materials to be procured, basis for proposed
subcontract, type of subcontract and amounts proposed.
3. List the names
and addresses of any subcontractor* the offeror intends to use in the
performance of a resulting contract. Include the following information about the
subcontract(s).
(a) How subcontractor was selected?
(b) Has the
subcontractor submitted a cost proposal?
(c) Will he be able to start
performance at the start of the contract period?
(d) What is the total
cost of (each) subcontract?
(e) What services (skills) will the
subcontract provide?
(f) What experience do they have in this technical
area?
*Also provide the above information for consultants you intend to
use in the performance of a resulting contract.
Consultants - Persons
possessing special current knowledge or skill that may be combined with
extensive operational experience. FAR 37.203(a) This background enables them to
provide information, opinions, advice, or recommendations to enhance
understanding of complex issues or to improve agency policy development,
decision making, management, administration, or management systems
operation.
1. All proposed key
personnel listed in Section M.3.A 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 six months from the date of the award of the
contract by DOL to the employer/offeror; (2) state that the employee will work
full time, or the percentage of time designated in the RFP, on the resultant
contract if awarded to the employer/offeror; and (3) the employment contract
must address salary, benefits, and position.
The following certificate
shall be provided upon request by the Contracting Officer should discussions be
required and revisions and/or best and final offers be requested.
I
certify that the proposed key personnel are still available for performance
under any contract resulting from this solicitation, and that the letters of
commitment are still valid. I base this certification on written and/or oral
confirmation which I received, within the past 30 days, from each individual
proposed to fill the Key Personnel requirements. I further certify that I
possess copies of written confirmations I received from each individual, and/or
a memorandum to the file documenting oral confirmation of that individual's
availability. I further promise to immediately inform the Government of any
changes in the availability of any proposed key personnel.
Date of
Certification
By (Name and Signature of company president)
The contractor shall be
required to provide the necessary personnel to accomplish each task listed
above. The key personnel positions and their required time commitment are listed
as follows:
The Project Director (100% full time) must have a graduate
degree in economics, public administration or business administration and 5
years of relevant experience in managing a project of this level of complexity.
This person must possess knowledge and skills in the area of outreach and
recruitment of disadvantaged youth for educational programs, operating a
national toll-free number, and developing trend analysis from collection of
data. The Project Director must have the knowledge, skills and abilities to
effectively administer and develop organizations into self-sufficient entities.
Further, the Project Director must have demonstrated ability to manage staff
with varied backgrounds and specialty skill-sets.
Outreach Coordinator,
Program Coordinator, Communications Coordinator, and Training Specialist (50 -
100% time), must have a bachelor's degree and a minimum of three years
experience in related work, and be qualified professionals capable of working
independently and providing guidance to lower level personnel.
All Requests For
Clarification (RFC) must be received no later than 5:00 p.m. local time,
February 1, 2002.
Only electronic submission of requests will be
accepted. They shall be submitted to Ms. Vera Montague at vmontague@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.
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
The Government intends to
evaluate proposals using a two-step methodology. The first step will involve the
evaluation of the offeror's INDIVIDUAL STAFF EXPERIENCE AND QUALIFICATIONS, PAST
PERFORMANCE, UNDERSTANDING, AND PRICE, evaluation factors A, C, D, 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 CONTRACT (evaluation factor B
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 Contractor's Capability to Perform the Contract,
Individual Staff Experience and Qualifications, Past Performance, Contractor's
Experience with Related 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 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.
A. INDIVIDUAL STAFF
EXPERIENCE AND QUALIFICATIONS (35 points)
This section of the proposal
shall include sufficient information for judging the quality and competence of
staff proposed to be assigned to the project to assure that they meet the
required qualifications. Successful performance of the proposed work depends
heavily on the qualifications of the individuals committed to this project, and
the adequacy of the time commitment for each individual in relation to the
specific tasks that they will perform. Accordingly, the Government, in its
evaluation of the contractor's proposal, will place considerable emphasis on the
contractor's commitment of personnel qualified for the work involved in
accomplishing the assigned tasks.
This section of the proposal shall
provide the current employment status of personnel proposed for work under this
RFP--i.e., whether these personnel are currently employed by the contractor or
are dependent upon planned recruitment or subcontracting. Where subcontractors
or outside assistance are proposed, organizational control shall be clearly
delineated so as to demonstrate and ensure responsiveness to the needs of the
Government.
The following information shall also be furnished:
1.
The proposed Project Director;
2. The proposed project
organization;
3. The time commitment of all professional personnel
assigned to the project (the number of hours per month that each individual will
devote to the project over its life), as well as "Letters of Intent" for each
professional personnel;
4. A resume for each professional personnel to be
assigned to the project. At a minimum, each resume shall include:
(a) The
individual's current employment status and previous work experience, including
position title, dates in position, duties performed, and employing organization.
Duties shall be clearly defined in terms of the role performed, i.e.,
management, team leader, consultant. Also, indicate whether each individual is
currently employed by the contractor, and (if so) for how long.
(b) A
statement of the work that the individual has completed or which is currently
underway for work that is relevant to the proposed work on the 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 Project Director and the
amount of time committed to the project. The Project Director must have a
graduate degree in economics, public administration or business administration
and 5 years of relevant experience in managing a project of this level of
complexity. This person must possess knowledge and skills in the area of
outreach and recruitment of disadvantaged youth for educational programs,
operating a national toll-free number, and developing trend analysis from
collection of data. The Project Director must have the knowledge, skills and
abilities to effectively administer and develop organizations into
self-sufficient entities. Further, the Project Director must have demonstrated
ability to manage staff with varied backgrounds and specialty skill-sets. (Time
commitment - 100%)
(ii) The experience and qualifications of the proposed
Outreach Coordinator, Program Coordinator, Communications Coordinator, and
Training Specialist and the amount of time committed to the project. These
persons must have a bachelor's degree and a minimum of three years experience in
related work, and be qualified professionals capable of working independently
and providing guidance to lower level personnel. (Time commitment -
50-100%)
(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 key professional personnel must devote the designated percentage
of time commitment stated above to this project.
(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.
B. CONTRACTOR'S CAPABILITY TO PERFORM THE CONTRACT
(30 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; (5) knowledge
of the personnel and subcontractor qualifications necessary to the performance
of the work; and (6)discussion of potential problems, such as increasing the
utilization, and present strategies for dealing with them.
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 information on
problems encountered on the identified contracts and the offeror's corrective
actions. The Government shall consider this information, as well as information
obtained from any other sources, when evaluating the offeror's past performance.
The Contracting Officer shall determine the relevance of similar past
performance information. Offers shall submit past performance information
regarding predecessor companies, professional personnel who have relevant
experience, or subcontractors that will perform major or critical aspects of the
requirement when such information is relevant to the instant acquisition.
Offerors without relevant past performance history or for whom information on
past performance is not available, the offeror may not be evaluated favorably or
unfavorably on past performance. In this instance the offeror would receive a
neutral score.
D. CONTRACTOR'S EXPERIENCE WITH RELATED WORK (15
points)
This section of the proposal shall identify and describe the
previous experience and effectiveness of the contractor in similar or related
work to demonstrate the contractor's current capacity to provide the services
offered; the contractor's management plan for the project; and the strength of
the contractor's support for this project.
Contractors shall discuss the
relationship of their firm's previous experience to the work proposed under this
contract. The following information shall be included:
1. The identity of
the principal clients served in performing similar or related work; the general
nature and scope of that work; and the results achieved. The contractor shall
include a representative synopsis listing previous projects relevant to this
RFP. Each project synopsis shall include:
(a) The organization for whom
the work was done; (b) A contact person in that organization with their current
phone number; (c) The dollar value of the contract for the project; (d) The time
frame and professional effort involved in the project; (e) The Project Manager
and other professional personnel assigned to the project; and (f) A brief
summary of the work performed by the contractor on the project; significant
accomplishments; and any problems encountered, corrective actions taken, and the
outcome.
Please be advised that offerors shall be evaluated under this
factor based on similar or related work completed during the past five (5) years
on all contracts and subcontracts; the contractor's management plan for the
projects; and the strength of the contractor's support for the
projects.
PLEASE NOTE: Strength of the contractor's support for the
projects is defined as follows:
i. Contractor has the facilities and
equipment needed to perform the proposed project; ii. Contractor's offices are
fully sufficient to accommodate its staff; and iii. Contractor has a complete
complement of office equipment, i.e. computers for each staff member, printers,
fax machine, and copy machines.
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).
In order to determine
which offeror represents the best overall value, the Contracting Officer will
make a series of paired comparisons among only those offerors that submitted
acceptable offers (proposals). If, in any paired comparison, the offeror with
the higher expected value also has the lower price, then the Contracting Officer
will consider that offeror to represent the better overall value. If the offeror
with the higher expected value has the higher price, then the Contracting
Officer will decide whether the difference in expected value is worth the
difference in price. If the Contracting Officer decides that it is, then they
will consider the offeror with the higher expected value and the higher price to
represent the better overall value. If not, then the Contracting Officer will
consider the offeror(s) with the lower expected value and the lower price to
represent the better value. The Contracting Officer will continue to make paired
comparisons in this way until they have identified the best overall
value.
Pursuant to FAR Subpart 52.215-1 Instructions to Offerors -
Competitive Acquisition, the Contracting Officer reserves the right to award
without discussion to the source(s) whose offer is the most advantageous to the
Government, price and other factors considered.