Microenterprise Development for Urban and Rural Areas
The Department of
Labor,Employment and Training Administration, (DOL/ETA) in
conjunction with the Small Business Administration (SBA)is
soliciting proposals to aggressively market self-employment
assistance as an effective workforce development strategy and to
test the effectiveness of providing micro loans and entrepreneurial
training services to workers through one-stop centers in urban and
rural areas.
You are invited to submit a proposal/bid in accordance with the requirements of the following Solicitation:
[ X ] Request for Proposal, [ ] Invitation for Bid.
Proposals/Bids must be received by the Government no later than the local time on the Due Date stated in the table below. Potential offerors/bidders are asked to complete and submit a proposal/bid intent form .
See Section L (Section C if SF 1449 is used) for proposal/bid instructions .
ALL AMENDMENTS TO THIS SOLICITATION WILL BE MADE AVAILABLE THROUGH GOVERNMENT HOMEPAGE AT DOLETA.GOV.
IT IS THE OFFEROR'S RESPONSIBILITY TO CHECK THIS SITE PERIODICALLY FOR OFFICIAL UPDATES/AMENDMENTS TO THE SOLICITATION.
Solicitation
Number
RFP-DCS-02-25
Issue
Date:
APRIL 12,
2002
Due
Date:
MAY 15,
2002
Time:
2:00 P.M.
Local
Program
Office:
OPR
Contracting
Officer:
Keith A.
Bond
Contact Point: Phone: Fax: E-Mail:
Harry B. Ladson, Jr. (202) 693-3317 (202) 693-3846 hladson@doleta.gov
Set
Aside:
PERTINENT TECHNICAL SECTIONS OF SOLICITATION
Offerors are encouraged to read the
entire Solicitation by scrolling downward. The Solicitation includes
all pertinent technical sections imbedded in the document as well as
the terms, conditions and instructions required for submitting a
proposal. For your convenience, the pertinent technical sections of
the Solicitation have also been linked directly below in
(WordProcessing format and Adobe PDF format):
NOTE: In sealed bid solicitations
"offer" and "offeror" mean "bid" and "bidder".
SOLICITATION
9. Sealed offers in original and
4 copies for furnishing the supplies or services in the Schedule will be received at the place specified
in Item 6, or if hand carried, in the depository located in
Item 7 until
2:00 P.M. Local (Hour) local time
MAY 15, 2002 (Date) .
CAUTION - LATE Submissions, and Withdrawals: See Section L, Provision No.
52.214-7 or 52.215-1. All Offers are subject to all terms and conditions contained in this solicitation.
10. FOR INFORMATION CALL:
A. NAME
Harry B. Ladson, Jr.
B. TELEPHONE (NO COLLECT CALLS)
C. E-MAIL ADDRESS
hladson@doleta.gov
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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
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EXT.
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
Division of Contract Services
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-4707
Washington DC 20210
26. NAME OF CONTRACTING OFFICER (Type or print)
27. UNITED STATES OF AMERICA
(Signature of Contracting Officer)
28. AWARD DATE
IMPORTANT - Award will be made on this Form, or on
Standard Form 26, or by other authorized written notice.
PARTNERSHIP FOR SELF-SUFFICIENCY: MICROENTERPRISE
DEVELOPMENT for URBAN AND RURAL AREAS
The United States Department of
Labor, Employment and Training Administration, in conjunction with the Small
Business Administration (SBA) is soliciting proposals to aggressively market
self-employment assistance as an effective workforce development strategy and to
test the effectiveness of providing micro loans and entrepreneurial training
services to workers through one-stop centers in urban and rural areas.
Solicitation No. is
RFP-DCS-02-25.
This
solicitation is a 100% Small Business Set-Aside.
The period of performance will be sixty (60) months from
the date of contract execution.
The North American Industry Classification System (NAICS)
Code has been determined to be 541611, with a $6 million size standard.
A cost reimbursement plus fixed
fee type of contract is contemplated being awarded under this solicitation.
THE RECEIPT OF PROPOSAL DATE IS
MAY 15, 2002, AT 2:00 PM LOCAL TIME.
REQUESTS FOR CLARIFICATION (RFC) MUST BE RECEIVED NO LATER
THAN APRIL 19, 2002, 5:00 P.M. LOCAL TIME.
Only electronic submission of requests will be accepted.
They shall be submitted to Harry B. Ladson Jr. at hladson@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 the RFC raises
an issue of significant importance, the Government will respond
electronically.
The Government
will not provide any information concerning requests for clarification in
response to telephone calls from offerors. All requests will be answered
electronically and provided to all offerors at the DOL/ETA internet site
(http://www.doleta.gov).
In an effort that exploits the strengths and expertise of
the respective agencies, the Secretary of Labor, in conjunction with the Small
Business Administration (SBA), plans to introduce a microenterprise package that
is designed to assist specific urban and rural areas through a marriage of
workforce development and economic development. Based on preliminary planning,
the microenterprise package would be targeted into two urban sites and four
rural sites. Preliminary site exploration has identified the cities of
Philadelphia, PA and Minneapolis-St. Paul, MN as the urban sites and sites
within the states of Maine and Minnesota for the rural sites. The package will
consist of an amalgamation of all related microenterprise initiatives into a
cohesive module available to the target population through local one-stop
centers. The objective of this program is to examine the viability of the
teaming of workforce development and economic development in the one-stop
environment. The project creates a synergistic partnership between the Small
Business Administration and the Department of Labor (DOL) whereby program
participants will be offered microenterprise funding through SBA's microloan
program and concurrently be offered technical assistance and microenterprise
training through one-stop centers. The urban project sites will be low-income
inner-city locations with a diverse immigrant population and a large
concentration of small businesses. The rural project sites will be in
economically depressed rural locations where creating new wage and salary jobs
is particularly difficult.
C.2 BACKGROUND
This demonstration seeks to utilize existing DOL and SBA
programs in a concentrated application of complementary effort. The Department
of Labor has historically funded microenterprise projects through Economic
Dislocation and Worker Adjustment Assistance Act (EDWAA) job creation
demonstration grants, the Job Training Partnership Act (JTPA) microenterprise
grant program, and the Self-employment Assistance Program (SEA). DOL's effort
under the DOL-SBA collaboration will primarily utilize and enhance the
Self-Employment Assistance (SEA) program infrastructure already in place. The
SEA program began operations in the early 1990s in response to changing patterns
of domestic employment and unemployment. Based partially on the favorable
outcome of demonstration programs in Massachusetts and Washington, Congress
authorized SEA programs for five years in 1993. SEA became permanent in 1998.
The SEA program allows eligible individuals to collect a stipend in lieu of
unemployment benefits while they participate in microenterprise training.
SBA has, since it's founding in
1953, delivered approximately 20 million loans, loan guarantees, contracts,
counseling sessions and other forms of assistance to small businesses. Over the
past 10 years, (FY 1991-2000), the SBA has helped almost 435,000 small
businesses get more than $94.6 billion in loans, more than in the entire history
of the agency before 1991. SBA's venture capital program has put more than $30
billion into the hands of small business owners. Last year SBA backed more than
$12.3 billion in loans to small businesses. More than $1 billion was made
available for disaster loans and more than $40 billion in federal contracts were
secured by small businesses with SBA's help. The Small Business Administration
has historically supported microenterprise programming through the Microloan
Program. Authorized in 1991, the Microloan Program integrates very small loans
and technical assistance targeted to "pre-bankable" microentrepreneurs and small
businesses. It is delivered through a network of private, non-profit
organizations (intermediaries) located in approximately 170 areas nationwide,
which provide small loans of up to $35,000. The intermediaries also provide
technical assistance to microborrowers and potential microborrowers.
For the purposes of this
demonstration, DOL will utilize the SEA and dislocated worker training program.
Project funds will provide microenterprise training and technical assistance to
all participants. Also, project funding will promote participation and deliver
clients to the project. SBA will utilize the Microloan Program to deliver micro
loans and continued training and technical assistance to demonstration clients.
Currently, the SBA has sufficient loan funding for the Microloan Program but is
constrained by limited Microloan Program technical assistance funding. Under the
demonstration, DOL will utilize its project funding to supplement SBA technical
assistance funding to the extent authorized under SBA's statute.
C.3 DEMONSTRATION OBJECTIVES
The objectives of this
demonstration are:
1. To test
the viability of microenterprise initiatives in urban and rural one-stop
environments. 2. To explore the effectiveness of an interagency model that melds
complementary microenterprise programs without duplication. 3. To help the
economies of the selected urban and rural areas by helping to generate new small
businesses and aiding the development of existing small businesses. 4. To
identify and help alleviate barriers which exist to starting a microenterprise.
5. To understand the benefits and costs of integrating workforce and economic
development. 6. To analyze the impact of small business formation and small
business development on local urban and rural economies. 7. To add to the
growing body of knowledge concerning small business development and
microenterprise in both urban and rural environments.
C.4 SCOPE OF THE WORK
The contractor shall accomplish the following tasks. Tasks
shall be completed by the due dates specified in the calendar for this project.
A proposed project design for the demonstration must be included in the
contractor's response to this RFP. Included in the overall project design must
be the design of the microenterprise package and the site and sample selection
process. Also, the contractor must present a framework for the evaluation
design.
* The work requirements
for this demonstration project will be divided between the project partners:
DOL, SBA, the three host States for the demonstration, and the contractor. DOL
is responsible for providing overall direction for the demonstration project,
including approval of the research design, project design, evaluation design,
and project reports. Each of the host States for the demonstration are
responsible for implementing demonstration operations in their State sites, as
well as assisting the contractor in developing the operational procedures for
the demonstration in their State sites and providing data to the contractor for
use in selecting local area sites to operate the demonstration and for the
project evaluation. The contractor is responsible for developing the research
design for the demonstration; developing the operational procedures for the
demonstration including the microenterprise package; entering into specific
agreements with the individual states to conduct the demonstration; conducting
onsite monitoring visits and providing management assistance for the duration of
demonstration operations; conducting follow-up surveys of demonstration
participants; and preparing an comprehensive evaluation of the results of the
demonstration, including a process analysis, an analysis of demonstration
impacts, and a benefit-cost analysis.
* The Urban/Rural Microenterprise Demonstration will be
conducted in three distinct phases--design, implementation, and evaluation.
Phase I, Design, includes all tasks related to the development of the research
design for the demonstration, the microenterprise package design, and the design
of the project evaluation. Phase II, Implementation, includes all tasks related
to project operations and project monitoring. Phase III, Evaluation, includes
all project tasks related to data collection, data analysis, and the preparation
of the final evaluation report.
* The contractor shall prepare a comprehensive document
that presents their proposed project design for the demonstration project. Prior
to giving final approval of the project design document, DOL will consult with
each of the States and SBA to ensure that the project design is in compliance
with applicable laws and to provide assurance that the design can be
successfully implemented within the funds available for the demonstration. The
contractor will also develop a separate design for the evaluation of the
demonstration project, consisting of three major components: a process analysis,
an analysis of demonstration impacts, and a benefit-cost analysis. The final
decision regarding the approval of the research design for the Urban/Rural
Microenterprise Demonstration rests with DOL and SBA.
* The operational procedures for
the demonstration will tailor the approved project design to the operating
environments of each of the sites within the host States. The contractor, State,
SBA, and DOL will develop these operational procedures cooperatively. The
contractor shall have the lead role in this cooperative process, but shall
consult closely with the State, SBA and DOL in preparing the operational
procedures manual describing the agreed-upon procedures. Each host State will
provide the contractor with information on current operating procedures in the
demonstration offices in their particular, in order to maximize the
compatibility of demonstration procedures with regular State/local processes and
procedures. Both DOL and the State must approve the operational procedures
manual for the particular State prior to the implementation of operations in
that State.
* The contractor
will enter into separate agreements with the State Departments of Labor in
Maine, Minnesota, and Pennsylvania to cover the administrative costs associated
with conducting the demonstration at the individual sites according to the
project design. These agreements must include the following:
o An understanding that the state
through the local one-stop center will carry out the design plan put forth by
the research contractor.
o The
contractor will pay the state for appropriate administrative costs to carry out
the demonstration at the individual sites. These administrative costs could
include subcontracting with third party service providers in the provision of
technical assistance to demonstration participants.
* Host States will operate the Urban/Rural Microenterprise
Demonstration in all selected demonstration offices over a period of 60 months,
12 months of selection/design, 24 months of participant enrollment and a
24-month period during which demonstration operations are being phased out, data
is collected, and the project is evaluated. Throughout the period of pilot
operations and full operations, the contractor, DOL, SBA and host States shall
monitor operations and provide technical assistance to State project staff in
the local offices selected for the demonstration. The contractor shall be
responsible for developing a schedule for conducting these visits and for
coordinating the timing of these visits with State project staff.
C.5 SPECIFIC TASK REQUIREMENTS
* Key Personnel. The contractor
shall designate a Project Director to oversee the demonstration and other key
personnel to perform the task requirements. It is imperative that the Project
Director and key personnel be familiar with establishing and running
demonstration projects including microenterprise projects, as well as relevant
microenterprise theory.
o The
Project Director: The project director will act as facilitator of the whole
project. The project director will coordinate action of all the relevant parties
at the state and local level. The project director shall have a minimum of ten
years' experience in performing social science research focusing on
microenterprise programs, including a minimum of five years of experience in
designing and coordinating large-scale research projects. In addition, the
project director shall have a minimum of five years' experience serving as a
project director or in an equivalent position in project management. The project
director will have at minimum a PhD in economics, political science, public
administration, or statistics. The project director will have a 25% time
commitment to the demonstration.
o Principle Investigator: The principle investigator will
facilitate the actual conduct and design of the research, data collection, and
evaluation components of the demonstration. The principle investigator shall
have a minimum of ten years experience in performing social science research,
including 5 years experience designing and evaluating large-scale demonstration
projects. In addition, the principle investigator will have a minimum of 5 years
experience serving as a principle investigator or equivalent position in project
management. The principle investigator will at minimum have a PhD in economics,
political science, statistics, or mathematics. The principle investigator will
have a variable 25% - 75% time commitment depending on demonstration phase.
o Site Monitors: The site monitors
for this demonstration will coordinate demonstration activities at the project
sites. The site monitors will have a variable time commitment of 50% - 100%
depending on demonstration phase. Site monitors proposed for this demonstration
shall have a minimum of five years' experience in performing social science
research, including at least two years' experience working on research projects.
They will have at minimum a Master's degree in economics, political science,
public administration, or statistics.
o The contractor shall make no diversion of the Project
Director or other key personnel on this contract without the advance written
consent of the Contracting Officer.
* Site Selection. The contractor, through guidance from
both the DOL and SBA, will select the rural project sites in Maine and Minnesota
and the urban project sites in the cities of Philadelphia, PA and
Minneapolis-St. Paul, MN. The site selection procedure will be included in the
initial research design document prepared by the research contractor. Necessary
prerequisites for selection of the urban sites include high client flows, an
eligible SBA lender in the area, and a current SEA/microenterprise program
already in place at the sites. The urban site goal is to serve approximately 400
- 500 participants in one year's time. Enrollment will continue beyond 1 year up
to 2 years if this goal has not been met. Site selection for the rural sites
will be limited to three rural sites in the state of Maine and one rural site in
the state of Minnesota. Necessary prerequisites for selection of the rural site
will include sufficient client flows, an eligible SBA lender in the area, and a
current SEA/microenterprise program in place. The rural site goal is to serve
approximately 400 - 500 participants per site in 18-24 months time.
* Microenterprise Package: The
contractor shall develop the microenterprise package that will meet the
objectives of the demonstration. The microenterprise package will be a
curriculum of microenterprise training and development activities including the
loan package from SBA. The contractor must address the administration of the
package as well. The contractor will be obligated to train the relevant one-stop
center or contracted staff in administering the microenterprise package to the
demonstration participants. The contractor will provide all needed technical
assistance and training to relevant staff at each of the project sites. The
contractor must be accessible during normal business hours for provision of
technical assistance to the sites during the demonstration. The microenterprise
package will include provisions for technical assistance as a supplement to
SBA's microloan program and possibly the State's SEA program. This technical
assistance could be provided through the state/local site partners that include
small business development corporations (SBDCs), economic development agencies,
community colleges, etc.
*
Procedures Guide. The contractor shall develop operational procedures manuals
that provide a detailed description of the day-to-day operations of the
Urban/Rural Microenterprise Demonstration in selected demonstration sites in
each host State. The contractor shall develop a total of three (3) operational
procedures manuals: one manual for each of the host States. Each operational
procedures manual shall tailor the research design to enable the demonstration
project to fit within the current operating environment in each of the host
States. In costing out this task, the contractor shall assume that they are
preparing three completely different documents, not three versions of the same
document. Each operational procedures manual shall include a highly detailed,
step-by-step description of the procedures used for conducting demonstration
activities in selected State local offices. The contractor, the State, SBA, and
DOL shall develop the operational procedures for the demonstration project in
each State cooperatively. The contractor shall have the lead role in this
cooperative process and shall initiate a series of discussions with DOL, SBA,
and project staff from each of the host States for the purpose of developing the
operational procedures in that particular State. These procedural discussions
with the host States, each of which will take place over a period of four
months, shall include both conference calls and in-person meetings at the State
Agency's central office (which is located in the State capital). The contractor
shall budget for the Project Director and one other individual (one of the
contractor's key personnel) to make a total of 2-3 trips to each host State at
minimum for the purpose of developing the operational procedures for the
demonstration. The contractor shall request information from each host State on
current State operating procedures, in order to maximize the compatibility of
demonstration procedures with regular State operating processes and procedures.
The contractor shall develop the operational procedures manual for each host
State, including all project-specific forms for the demonstration, in close
consultation with the particular host State, DOL, and SBA. The contractor shall
prepare a draft version of the operational procedures manual. Following review
by DOL, SBA, and the State, the contractor shall prepare a final version of the
operational procedures manual. Both DOL, SBA, and the State must approve this
revised operational procedures manual prior to proceeding with full
operations.
* Overall Project
Design. The contractor shall develop the overall project design that will meet
the objectives of this task. The overall project design will include the site
selection design, the evaluation design, the microenterprise package design, the
procedures guide, and the implementation plan. Within the project design, the
contractor must detail an effective management design that develops a
synergistic relationship between USDOL, the State Site team, and the SBA. The
contractor shall prepare a draft version of the overall project design within
the first 3 months of the effective date of the contract, which shall include a
complete description of the proposed approach to satisfying all of the
demonstration's objectives. Upon review and comments from USDOL, SBA, and State
site partners which will take no longer than one month, the contractor will have
one month to submit a final project design to USDOL for approval. The
implementation and operation of the demonstration will not occur without USDOL
and SBA approval of the overall project design.
* Implementation Plan. The contractor shall develop an
implementation plan that will effectively carry out the objectives of this
demonstration. The implementation plan will clearly detail how the demonstration
will be executed at each individual site. Each site will have its own
implementation plan in accordance with the applicable laws and procedures
governing the state/locality in which the site operates. The implementation plan
will detail how participants will be recruited for the demonstration (the
input), the procedures by which participants will proceed through the
demonstration (the throughput), and how participant records will be recorded and
analyzed (the output).
*
Evaluation Design. The contractor shall develop the evaluation design that will
meet the objectives of this task. The contractor shall prepare a draft version
of the evaluation design for the project, which shall include a complete
description of the proposed approach to each objective including data sources. A
time frame from which historical data on project participants, and sources can
be obtained should be identified. The time frame should be early enough during
site operation to focus on participants= full experience in pursuing
self-employment. A detailed outline of the final report should also be
included.
* Follow-Up Survey.
The contractor will prepare and administer two follow-up telephone surveys in
the fourth year and fifth year of the project. These surveys will be designed to
obtain relevant pre-program, in-program, and post-program information, including
costs and benefits to the project participant, that are necessary to produce
valid net impact and benefit-cost estimates. The surveys will be conducted at
both a 6 month and 12 month follow-up interval. The proposed surveys and all
necessary Office of Management and Budget (OMB) clearance supporting
documentation to secure approval will be delivered along with the evaluation
design.
* Data Collection. The
contractor shall collect data necessary to analyze the outcomes for project
participants. In addition to collecting the necessary site data, the contractor
shall obtain from the states of Maine, Pennsylvania, and Minnesota UI wage
record data for all demonstration participants. This wage record data will be
collected for the eight quarters before the treatment phase, the eight quarters
during the treatment phase, and the four quarters after the treatment phase. The
contractor shall comply with all Federal and State confidentiality requirements
regarding data collected for this effort; this may require entering into
confidentiality agreements with the host State and/or entrepreneurial service
providers. In addition, the contractor shall safeguard indefinitely any project
data that contains personal identifiers.
* Evaluation Design Review Meeting. The contractor shall
convene a design review meeting to present the evaluation design to key
personnel from DOL and SBA and answer any questions they may have. This meeting
shall be held at in Washington, D.C. The contractor shall be responsible for
organizing and conducting this meeting. Following the receipt of comments from
DOL on the draft evaluation design, the contractor shall prepare the final
evaluation design.
* Staff
Training for Demonstration Office Staff. The research contractor shall train
State local office staff from all local offices selected for the demonstration
on: (1) the purpose and objectives of the demonstration; (2) an overview of the
approved research design; and (3) a working knowledge of the operational
procedures for the demonstration. The contractor shall conduct multiple staff
training sessions. Each training session shall be held in the training facility
at a State office one week prior to the beginning of full operations in that
State.
* Onsite Monitoring
Visits and Technical Assistance. The contractor shall conduct regular onsite
monitoring visits to observe demonstration operations in selected local offices
in each host State throughout the period of project operations. The purpose of
these onsite monitoring visits is twofold: first, to ensure that demonstration
activities are being conducted in accordance with the operational procedures
manual, and second, to collect data for the process analysis component of the
evaluation. Key contractor personnel shall spend a minimum of twenty (20) days
per State--a total of sixty (40) days--onsite in demonstration offices
monitoring demonstration activities.
o The contractor shall prepare a schedule of onsite
monitoring visits in each host State for the entire period of demonstration
operations. Since DOL and host States will also be conducting onsite monitoring
visits, these monitoring schedules shall also include visits by DOL and the
States. The contractor shall be responsible for coordinating the monitoring
visits with the host States and DOL to ensure coverage of all demonstration
offices and prevent duplication of effort.
o If operational problems of a technical nature are
identified during an onsite monitoring visit, the individual conducting the
visit shall provide technical assistance to demonstration staff in correcting
those problems. The contractor shall inform appropriate State office and/or DOL
staff of any problems identified and any actions taken. However, if a
significant procedural issue is identified during a monitoring visit, the
individual conducting the visit shall not attempt to correct the situation, but
instead shall inform the DOL Project Officer immediately and then refer this
issue to the Project Manager for immediate action.
o The contractor shall conduct on-site visits to observe
State program operations and to collect data for the evaluation. Prior to each
visit, the contractor shall prepare a written protocol describing what
information they wish to obtain and which staff would be most helpful to
interview. These visits shall include interviews with appropriate staff
knowledgeable in operation of the program. Upon return from each site visit, the
contractor shall prepare a detailed trip report. The report should include
analysis of information and data obtained, its completeness and what affect it
will have on the future of the analysis as described in the study design. If
newly obtained information suggests a new or modified direction for the research
effort, this should be presented with justification for this modification for
DOL review.
* Conduct Analysis.
The contractor shall conduct the benefit-cost analysis, process analysis, and
impact analysis as outlined in the calendar.
o Benefit-Cost Analysis. The contractor shall conduct a
benefit-cost analysis. The benefit-cost analysis shall set up a framework for
categorizing and quantifying the benefits and costs resulting from the impacts
of the microenterprise program. The contractor's benefit-cost analysis shall
determine the impacts on society, participants, and the government. Data for the
benefit-cost analysis will be collected from a variety of sources, including
follow-up surveys and State UI wage record data.
o Process Analysis. The contractor shall prepare a process
analysis to provide contextual information for the impact analysis. This
analysis shall describe the characteristics of those individuals selected into
the microenterprise program. The process analysis shall also describe how
project operations were conducted in the demonstration sites; identify any
variances from planned operations; and analyze how those variances may have
affected demonstration operations.
o Impact Analysis. The contractor shall prepare an impact
analysis to determine the net impacts of the microenterprise program on the
program recipients. The contractor shall measure the net impacts of the
demonstration project on a broad range of outcome variables determined by the
researcher. The impacts of this demonstration project shall be measured by
comparing the difference between each of the "treatment" groups in each of the
four sites and a quasi-experimental comparison group on each outcome variable.
Data for the impact analysis will be collected from a variety of sources,
including follow-up surveys and State UI wage record data.
E.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY
REFERENCE
The following
contract clauses pertinent to this section are hereby incorporated by reference
(by Citation Number, Title, and Date) in accordance with the clause at FAR
"52.252-2 CLAUSES INCORPORATED BY REFERENCE" in Section I of this contract. See
FAR 52.252-2 for an internet address (if specified) for electronic access to the
full text of a clause.
NUMBER TITLE DATE
52.246-9 INSPECTION OF RESEARCH AND DEVELOPMENT APR 1984 (SHORT FORM)
F.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY
REFERENCE
The following
contract clauses pertinent to this section are hereby incorporated by reference
(by Citation Number, Title, and Date) in accordance with the clause at FAR
"52.252-2 CLAUSES INCORPORATED BY REFERENCE" in Section I of this contract. See
FAR 52.252-2 for an internet address (if specified) for electronic access to the
full text of a clause.
NUMBER TITLE DATE
52.242-15 STOP-WORK ORDER AUG 1989 ALTERNATE I (APR 1984)
F.2 PERIOD OF PERFORMANCE
The period of performance for this
contract shall be sixty months(60) months from the date of execution of the
contract.
F.3 LEVEL OF EFFORT
The level of effort for this project is estimated at
between 88 and 92 professional person years. Annual salary escalation should not
exceed 4.1%. A professional person year is estimated at $100,000 inclusive of
all costs.
F.4 DELIVERABLES
The contractor will provide the following deliverables:
1. * Status Reports. The
contractor shall provide written monthly reports to DOL describing the current
status of activities for each month of contract performance. In addition, the
contractor shall brief the DOL Project Officer orally on the progress of
contract activities, including problems and recommended solutions, at least once
per week during the project. The status reports will include:
* description of overall progress
of project activities accomplished during the report month. * description of any
problems that may delay accomplishing scheduled milestones. * summary of
expenditures for the month, in comparison with planned expenditures for the
month. * brief discussion of planned activities for the next reporting
period.
* Reporting. The
contractor shall provide reports to DOL and SBA on the Microenterprise
Demonstration. In addition, the research contractor shall brief the DOL Project
Officer orally on the progress of contract activities, including problems and
recommended solutions, at least once per week during the design and
implementation phases of the demonstration project and at least once per month
during the evaluation phase of the demonstration.
* Evaluation Report. The contractor shall produce a draft
evaluation report on the results of this analysis 60 days before the end of the
contract. Based on comments from the Department of Labor received after a
briefing and review of the draft, the contractor shall prepare and submit a
final report 20 days before the end of the contract. The contractor shall submit
ten (10) copies of the report together with a camera-ready copy and computer
disk containing the report typed in Microsoft Word and PDF format. The
contractor should also format the document for posting to the DOL Internet Web
site.
* Formal Briefings. The
contractor shall conduct a briefing on the final evaluation results of the
project for DOL and SBA officials, State officials, and other interested
parties. The briefing will be held in Washington, DC. The contractor shall
conduct the briefing when the draft of the Final Evaluation Report is completed
and delivered. The contractor shall be responsible for organizing and conducting
this briefing. DOL will provide facilities for the briefing.
* Public Use Compact Disc. The
contractor shall prepare two copies of (2) public use compact discs containing
all data gathered by the contractor for the evaluation of the microenterprise
program. The contractor shall prepare these public use discs--stripped of all
personal identifiers--at the conclusion of the evaluation and shall submit the
discs to DOL along with the final report with sufficient documentation to enable
the data to be used by DOL and others for additional analysis.
CALENDAR
First Year Objectives
The first year of the project will
include the microenterprise package design phase and the demonstration site
coordination phase. The contractor shall develop the project design, evaluation
design, and the microenterprise package that will meet the objectives of this
project. The contractor shall prepare draft versions of these products for the
project, which shall include a complete description of the proposed approach to
each objective including the identifying and plan for collecting data. The
project design should include key products and milestones, and an outlining of
responsibilities across the project management participants. A detailed outline
of the final report should also be included. This design shall include:
a. Questions to be addressed;
b. Overall project design;
c. Procedures guide;
d. Implementation plan;
e. Site selection;
f. Design of analysis instruments and procedures;
g. Plan for analysis of data.
The contractor shall convene project "kick-off" meetings and a series of
design review meetings to present the project design to key personnel and
project partners answering any questions they may have. The project "kick-off"
meetings will include DOL and SBA personnel, state site partners, private
lenders participating in the microloan component of the program, and all
interested individuals in microenterprise. At minimum, one "kick-off" meeting
each will be held in the two urban sites of Philadelphia, PA, and
Minneapolis-St. Paul, MN. Also, at least one "kick-off" meeting will be held at
a rural site in the state of Maine. The first design review meeting will consist
of DOL and SBA personnel. The second design review meeting will consist of DOL
and SBA personnel as well as representatives from the states of Pennsylvania,
Maine, and Minnesota and the private lenders participating in the microloan
component of the program. The third design review meeting will include DOL, SBA,
and relevant personnel from the states of Pennsylvania, Maine, and Minnesota,
the private lenders participating in the microloan component of the program as
well as local project workforce and economic development officials. Each design
review meeting will build on the experience and knowledge gained from the
previous meetings culminating in the final meeting. The contractor shall be
responsible for organizing and conducting these meetings. Following the receipt
of comments from DOL and partners on the draft project, evaluation, and
microenterprise package designs, the contractor shall prepare the final
designs.
Second and Third Year
Objectives
Implementation and
operation of the microenterprise demonstration will occur in the second and
third year of the project. The contractor shall collect all data necessary to
analyze the impact of the proposed microenterprise and small business
development initiatives on both the program participants and the local site
economies. The contractor will also train staff in accordance with the
procedures guide and the overall demonstration plan. The contractor shall comply
with all Federal and State confidentiality requirements regarding data collected
for this effort. In addition, the contractor shall safeguard any project data
that contains personal identifiers and return sanitized data to DOL at the end
of the project in the form of a public use file for future additional
analysis.
The contractor shall
produce an interim draft report on the progress of the project at the end of
year 3. This report shall include a process analysis with a best practices guide
and a preliminary impact analysis. The contractor shall conduct a
microenterprise conference as well. The conference will be at the end of the
third year and discuss the completed process evaluation of the new
microenterprise initiative. The contractor will administer all aspects of the
conference. Conference participants shall include DOL and SBA officials, the
private lenders participating in the microloan component of the program,
representatives from the local site one-stop centers, regional offices,
participating states governor's offices, members of the microenterprise
community, and other interested parties.
Fourth and Fifth Year Objectives
The fourth and fifth year of the
project will include the final impact and benefit/cost analysis of the
demonstration. Final impacts and benefit cost ratios primarily will be derived
from two telephone surveys of program participants and State UI wage data
collected in year five. The telephone surveys will be given at the 6-month and
12-month post-treatment interval. The State UI wage record data shall be
collected for the two years before the demonstration treatment and one year
after the demonstration treatment. The contractor shall produce a draft report
on the results of these analyses. The contractor shall conduct a final briefing
when the draft of the Final Report is completed and delivered. The briefing will
be held in Washington, DC. Briefing participants shall include DOL and SBA
officials, representatives from the local site one-stop centers, regional
offices, participating states governor's offices and other interested
parties.
G.1 IDENTITY AND AUTHORITY OF THE CONTRACTING OFFICER'S
REPRESENTATIVE (GOVERNMENT AUTHORIZED REPRESENTATIVE)
(A) The authorized representative
of the Contracting Officer is TBD whose authority to act on behalf of the
Contracting Officer is limited to the extent set forth in (B) below. Under no
circumstances is the Government Authorized Representative (GAR) authorized to
sign any contractual documents or approve any alteration to the contract
involving a change in the scope, price, terms or conditions of the contract or
order.
(B) The Government
Authorized Representative is authorized to:
(1) Monitor and inspect Contractor's performance to ensure
compliance of the scope of work.
(2) Make determinations relative to satisfactory or
unsatisfactory performance, including acceptance of all work performed and/or
all products produced under the terms of the contract.
(3) Review and approve
invoices.
(4) Review and
approve Contractor's project staff as may be called for on the contract.
(5) Recommend program changes to
the Contracting Officer as a result of monitoring or as may be requested by the
Contractor.
(6) Review,
coordinate changes or corrections, if any, and accept all reports (including any
final reports) required under the contract.
Contractor will prepare and submit
proper invoices (as defined in C below) in accordance with the criteria outlined
below. (Also, see Clause 52.232-8 "Discount for Prompt Payment", contained in
Section I of the contract.):
A.
(1) If the contract is a cost-reimbursement type contract, the contractor will
submit three (3) ink- signed copies of the invoice, Cost Contractor's Invoice,
(ETA 3100-1), together with a detailed report of expenditures, Cost Contractor's
Detailed Statement of Costs (ETA 3-2), to the Government Authorized
Representative (GAR), U.S. Department of Labor, not more frequently than
monthly, unless otherwise so authorized in the contract.
(2) If the contract is a
fixed-price type contract, the contractor may submit SF-1034, Public Voucher, or
the equivalent thereto; i.e., contractor's own invoice, in lieu of the forms
described in A(l) above.
(3)
Invoices should be submitted to the individual listed below:
TBD U.S.
Department of Labor, ETA 200 Constitution Avenue, NW,
Room N-5637 Washington, D.C. 20210
B. The Detailed Report of
Expenditures (ETA 3-2) submitted with the Invoice (ETA 3100-1) must include the
same budget line items or cost categories as appears in the contract, including
any modifications thereto.
C.
To constitute a proper invoice, the invoice, must include the following
information and/or attached documentation:
(1) Name and address of the Contractor;
(2) Invoice date;
(3) Contract number or other
authorization for supplies delivered or services performed (including order
number and contract line item number).
(4) Description, quantity, unit of measure, unit price, and
extended price of supplies delivered or services performed.
(5) Shipping and payment terms
(e.g., shipment number and date of shipment, prompt payment discount terms. Bill
of lading number and weight of shipment will be shown for shipments on
Government bills of lading.
(6)
Name and address of Contractor official to whom payment is to be sent (must be
the same as that in the contract or in a proper notice of assignment).
(7) Name (where practicable),
title, telephone number and mailing address of person to be notified in event of
a defective invoice.
(8) Any
other information or documentation required by other requirements of the
contract.
In addition to the
above, invoices should be numbered consecutively. All final invoices shall be
clearly marked Final Invoice.
A. Payments under this contract will be made either by
check or electronic funds transfer (through the Treasury Fedline Communications
System (FEDLINE) or the Automated Clearing House (ACH)), at the option of the
Government. After award, but no later than 14 days before an invoice or contract
financing request is submitted, the Contractor shall designate a financial
institution for receipt of electronic funds transfer payments. The contractor
shall submit this designation to the Contracting Officer or other Government
official as directed.
B. For
payments through FEDLINE, the Contractor shall provide the following
information:
(1) Name, address,
and telegraphic abbreviation of the financial institution receiving payment.
(2) The American Bankers
Association 9-digit identifying number of the financing institution receiving
payment if the institution has access to the Federal Reserve Communications
System.
(3) Payee's account
number at the financial institution where funds are to be transferred.
(4) If the financial institution
does not have access to the Federal Reserve Communications System, provide the
name, address, and telegraphic abbreviation of the correspondent financial
institution through which the financial institution receiving payment obtains
electronic funds transfer messages. Provide the telegraphic abbreviation and
American Bankers Association identifying number for the correspondent
institution.
C. For payments
through ACH, the Contractor shall provide the following information:
(1) Routing transit number of the
financial institution receiving payment (same as American Bankers Association
identifying number used for FEDLINE).
(2) Number of account to which funds are to be
deposited.
(3) Type of
depositor account ("C" for checking, "S" for savings).
(4) If the Contractor is a new
enrollee to the ACH system, a "Payment Information Form," SF 3881, must be
completed before payment can be processed.
D. In the event the Contractor, during the performance of
this contract, elects to designate a different financial institution for the
receipt of any payment made using electronic funds transfer procedures,
notification of such change and the required information specified above must be
received by the appropriate Government official 30 days prior to the date such
change is to become effective.
E. The documents furnishing the information required in
paragraphs B and C above must be dated and contain the signature, title, and
telephone number of the Contractor official authorized to provide it, as well as
the Contractor's name and contract number.
F. Contractor failure to properly designate a financial
institution or to provide appropriate payee bank account information may delay
payments of amounts otherwise properly due.
G. The Contractor shall forward the information required
above to:
U.S. Department of
Labor, ETA Division of Accounting, Room C-5319 200 Constitution Avenue, NW Washington, DC 20210
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, Workmen's Compensation, Unemployment
Compensation and any other fringe benefits are a normal practice of the
Contractor at the time of final negotiations for this contract and are available
to all employees. Fringe benefits from an immediate previous employer which may
be continued while employed under this contract are an allowable cost. In no
event will duplicate fringe benefits be allowable to an individual under this
contract.
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.
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:
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.
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.
H.15 NONDISCRIMINATION AND EQUAL EMPLOYMENT
OPPORTUNITIES
(a) No
person shall on the ground of race, religion, color, handicap, national origin,
sex, age, political affiliation, or beliefs be excluded from participation in,
be denied the benefits of, or be subjected to discrimination under any program
or activity funded or otherwise financially assisted, in whole or in part with
funds made available hereunder. (b) In addition, this contract and any
subcontract hereunder is subjected to Title VI of the Civil Rights Act of 1964
(78 Stat. 252) and the Regulations issued thereunder and found at 29 CFR 31. The
Contractor agrees that any service, financial aid, or other benefit to be
provided by it under this contract shall be furnished without discrimination
because of race, color, sex, or national origin; and that his employment
practices shall be subject to the same restrictions to ensure nondiscriminatory
treatment of beneficiaries of assistance under the Act.
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. Workman's Compensation - In the
amounts required by State law or the United States Longshoremen's and Harbor
Workers'Compensation Act (33 U.S.C. 901).
B. Occupational Diseases Insurance - As required by
applicable law. In any area where all occupational diseases are not compensable
under applicable law, insurance for occupational diseases shall be secured under
the employer liability section of your insurance policy, minimum per accident
$100,000.
C. Employer Liability
- This insurance is to cover any liability imposed upon an employer, by law, for
damages on account of personal injuries, including death resulting therefrom,
sustained by his employees by reason of accident.
D. General Liability Insurance (Bodily Injury) - This
insurance protects the insured against claims arising from bodily injury or
death to third parties occurring on it business premises or through its
operations except those arising from motor vehicles away from the premises,
those covered by any 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:
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 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."
In order to avoid major audit problems, disallowed costs,
and to receive timely reimbursement of indirect costs, contractors/grantees
should take those necessary steps to comply with this clause as well as the
critical timeframes for submission of indirect cost proposals.
You are governed by one of the
categories of cost principles listed below. Please comply with your cost
principles as appropriate to your organization. (1) Federal Acquisition
Regulation (FAR) Subparts 31 and 42 apply to private-for-profit contractors. (2)
OMB Circular A-87 applies to state and local governments and
Federally-recognized Indian Tribes. States receiving JTPA formula-allocated
funds can elect to waive A-87 coverage. (3) OMB Circulars A-21, A-88 and FAR
42.705-3 apply to educational institutions. (4) OMB Circular A-122 applies to
nonprofit institutions excluding those addressed in the preceding as well as
hospitals.
The total amount of
contract/grant funds will not be increased to reimburse organizations for higher
indirect cost rates than those rates identified in this clause. Also, the
contractor/grantee must obtain approval from the Contract/Grant Officer to
transfer funds from other budget line items to the indirect cost budget line
items to accommodate higher indirect cost rates.
The foregoing does not relieve the contractor/grantee of
any other administrative cost limitations regarding the contract/grant.
Billing rates are only temporary
for the 90 days period from the effective date of your contract/grant. Failure
to submit an acceptable indirect cost proposal to your cognizant agency for
provisional rates within the aforementioned 90-day period means that you shall
not receive any further reimbursement of your indirect billing rates until the
provisional rate proposal is received. Also, action may be taken to recoup all
indirect costs already paid to you.
A private-for-profit contractor is to submit an acceptable
indirect cost proposal for final rates to its cognizant agency within 90 days
after the end of its fiscal year. All other contractors/grantees must submit
their final rate proposals within 6 months after the end of their fiscal
year.
Block 1 or 2 is completed
below as appropriate for affected new contracts/grants or modifications.
BLOCK 1
Rate category: (check one) Your 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/grant will be based on the lower of the
negotiated rates or ceilings.
If the Department of Labor (DOL) is your cognizant agency, proposals for
indirect cost rates and supporting data and documentation should be sent to the
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-5522
Washington, D.C. 20210
Tel. (202) 693-4102
I.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY
REFERENCE
The following
contract clauses pertinent to this section are hereby incorporated by reference
(by Citation Number, Title, and Date) in accordance with the clause at FAR
"52.252-2 CLAUSES INCORPORATED BY REFERENCE" in Section I of this contract. See
FAR 52.252-2 for an internet address (if specified) for electronic access to the
full text of a clause.
NUMBER TITLE DATE
52.202-1 DEFINITIONS DEC 200152.203-3 GRATUITIES APR 198452.203-5 COVENANT AGAINST CONTINGENT FEES APR 198452.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO JUL 1995 THE GOVERNMENT52.203-7 ANTI-KICKBACK PROCEDURES JUL 199552.203-8 CANCELLATION, RESCISSION, AND RECOVERY JAN 1997 OF FUNDS FOR ILLEGAL OR IMPROPER ACTIVITY52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR JAN 1997 IMPROPER ACTIVITY52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE JUN 1997 CERTAIN FEDERAL TRANSACTIONS52.204-4 PRINTED OR COPIED DOUBLE-SIDED AUG 2000 ON RECYCLED PAPER52.209-6 PROTECTING THE GOVERNMENT'S INTEREST JUL 1995 WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT52.215-2 AUDIT AND RECORDS--NEGOTIATION JUN 199952.215-8 ORDER OF PRECEDENCE--UNIFORM CONTRACT OCT 1997 FORMAT52.216-7 ALLOWABLE COST AND PAYMENT FEB 200252.216-8 FIXED-FEE MAR 199752.217-2 CANCELLATION UNDER MULTIYEAR CONTRACTS OCT 1997
52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE JUL 199652.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS OCT 200052.222-1 NOTICE TO THE GOVERNMENT OF LABOR FEB 1997 DISPUTES52.222-3 CONVICT LABOR AUG 199652.222-21 PROHIBITION OF SEGREGATED FACILITIES FEB 199952.222-26 EQUAL OPPORTUNITY FEB 199952.222-35 EQUAL OPPORTUNITY FOR SPECIAL DISABLED DEC 2001 VETERANS, OF THE VIETNAM ERA, AND OTHER ELIGIBLE VETERANS52.222-36 AFFIRMATIVE ACTION FOR WORKERS WITH JUN 1998 DISABILITIES52.222-37 EMPLOYMENT REPORTS ON SPECIAL DISABLED DEC 2001 VETERANS, VETERANS OF THE VIETNAM ERA, AND OTHER ELIGIBLE VETERANS52.222-38 COMPLIANCE WITH VETERANS' EMPLOYMENT DEC 2001 REPORTING REQUIREMENTS52.223-6 DRUG-FREE WORKPLACE MAY 200152.224-1 PRIVACY ACT NOTIFICATION APR 198452.224-2 PRIVACY ACT APR 198452.225-13 RESTRICTIONS ON CERTAIN FOREIGN JUL 2000 PURCHASES52.227-1 AUTHORIZATION AND CONSENT JUL 1995 ALTERNATE I (APR 1984)52.227-2 NOTICE AND ASSISTANCE REGARDING PATENT AUG 1996 AND COPYRIGHT INFRINGEMENT52.227-11 PATENT RIGHTS -- RETENTION BY THE JUN 1997 CONTRACTOR (SHORT FORM)52.227-14 RIGHTS IN DATA--GENERAL JUN 198752.228-7 INSURANCE--LIABILITY TO THIRD PERSONS MAR 199652.232-17 INTEREST JUN 199652.232-22 LIMITATION OF FUNDS APR 198452.232-23 ASSIGNMENT OF CLAIMS JAN 198652.232-33 PAYMENT BY ELECTRONIC FUNDS--CENTRAL MAY 1999 CONTRACTOR REGISTRATION52.233-1 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 198452.242-3 PENALTIES FOR UNALLOWABLE COSTS MAY 200152.242-4 CERTIFICATION OF FINAL INDIRECT COSTS JAN 199752.242-13 BANKRUPTCY JUL 199552.243-2 CHANGES--COST REIMBURSEMENT AUG 1987 ALTERNATE V (APR 1984)52.244-2 SUBCONTRACTS AUG 1998 ALTERNATE II (AUG 1998)52.244-5 COMPETITION IN SUBCONTRACTING DEC 199652.246-23 LIMITATION OF LIABILITY FEB 199752.246-25 LIMITATION OF LIABILITY--SERVICES FEB 199752.249-6 TERMINATION (COST-REIMBURSEMENT) SEP 199652.249-14 EXCUSABLE DELAYS APR 198452.253-1 COMPUTER GENERATED FORMS JAN 1991
I.2 52.227-23 RIGHTS TO PROPOSAL DATA (TECHNICAL) (JUN
1987)
Except for data
contained on pages , it is agreed that as a condition of award of this contract,
and notwithstanding the conditions of any notice appearing thereon, the
Government shall have unlimited rights (as defined in the "Rights in
Data--General" clause contained in this contract) in and to the technical data
contained in the proposal dated upon which this contract is based.
Notwithstanding any other payment
clause in this contract, the Government will make invoice payments under the
terms and conditions specified in this clause. The Government considers payment
as being made on the day a check is dated or the date of an electronic funds
transfer (EFT). Definitions of pertinent terms are set forth in sections 2.101,
32.001, and 32.902 of the Federal Acquisition Regulation. All days referred to
in this clause are calendar days, unless otherwise specified. (However, see
paragraph (a)(4) of this clause concerning payments due on Saturdays, Sundays,
and legal holidays.)
(a)
Invoice payments--
(1) Due
date. (i) Except as indicated in paragraphs (a)(2) and (c) of this clause, the
due date for making invoice payments by the designated payment office is the
later of the following two events:
(A) The 30th day after the designated billing office
receives a proper invoice from the Contractor (except as provided in paragraph
(a)(1)(ii) of this clause).
(B)
The 30th day after Government acceptance of supplies delivered or services
performed. For a final invoice, when the payment amount is subject to contract
settlement actions, acceptance is deemed to occur on the effective date of the
contract settlement.
(ii) If
the designated billing office fails to annotate the invoice with the actual date
of receipt at the time of receipt, the invoice payment due date is the 30th day
after the date of the Contractor's invoice, provided the designated billing
office receives a proper invoice and there is no disagreement over quantity,
quality, or Contractor compliance with contract requirements.
(2) Contractor's invoice. The
Contractor shall prepare and submit invoices to the designated billing office
specified in the contract. A proper invoice must include the items listed in
paragraphs (a)(3)(i) through (a)(3)(x) of this clause. If the invoice does not
comply with these requirements, the designated billing office will return it
within 7 days after receipt (3 days for meat, meat food products, or fish; 5
days for perishable agricultural commodities, dairy products, edible fats or
oils, and food products prepared from edible fats or oils), with the reasons why
it is not a proper invoice. The Government will take into account untimely
notification when computing any interest penalty owed the Contractor.
(i) Name and address of the
Contractor. (ii) Invoice date and invoice number. (The Contractor should date
invoices as close as possible to the date of the mailing or transmission.)
(iii) Contract number or other
authorization for supplies delivered or services performed (including order
number and contract line item number).
(iv) Description, quantity, unit of measure, unit price,
and extended price of supplies delivered or services performed.
(v) Shipping and payment terms
(e.g., shipment number and date of shipment, discount for prompt payment terms).
Bill of lading number and weight of shipment will be shown for shipments on
Government bills of lading.
(vi) Name and address of Contractor official to whom
payment is to be sent (must be the same as that in the contract or in a proper
notice of assignment).
(vii)
Name (where practicable), title, phone number, and mailing address of person to
notify in the event of a defective invoice.
(viii) Taxpayer Identification Number (TIN). The Contractor
shall include its TIN on the invoice only if required elsewhere in this
contract.
(ix) Electronic funds
transfer (EFT) banking information. (A) The Contractor shall include EFT banking
information on the invoice only if required elsewhere in this contract.
(B) If EFT banking information is
not required to be on the invoice, in order for the invoice to be a proper
invoice, the Contractor shall have submitted correct EFT banking information in
accordance with the applicable solicitation provision (e.g., 52.232- 38,
Submission of Electronic Funds Transfer Information with Offer), contract clause
(e.g., 52.232-33, Payment by Electronic Funds Transfer--Central Contractor
Registration, or 52.232-34, Payment by Electronic Funds Transfer--Other Than
Central Contractor Registration), or applicable agency procedures.
(C) EFT banking information is not
required if the Government waived the requirement to pay by EFT.
(x) Any other information or
documentation required by the contract (e.g., evidence of shipment).
(3) Interest penalty. The
designated payment office will pay an interest penalty automatically, without
request from the Contractor, if payment is not made by the due date and the
conditions listed in paragraphs (a)(4)(i) through (a)(4)(iii) of this clause are
met, if applicable. However, when the due date falls on a Saturday, Sunday, or
legal holiday, the designated payment office may make payment on the following
working day without incurring a late payment interest penalty.
(i) The designated billing office
received a proper invoice. (ii) The Government processed a receiving report or
other Government documentation authorizing payment, and there was no
disagreement over quantity, quality, or Contractor compliance with any contract
term or condition.
(iii) In the
case of a final invoice for any balance of funds due the Contractor for supplies
delivered or services performed, the amount was not subject to further contract
settlement actions between the Government and the Contractor.
(4) Computing penalty amount. The
Government will compute the interest penalty in accordance with the Office of
Management and Budget prompt payment regulations at 5 CFR part 1315.
(i) For the sole purpose of
computing an interest penalty that might be due the Contractor, Government
acceptance is deemed to occur constructively on the 7th day (unless otherwise
specified in this contract) after the Contractor delivers the supplies or
performs the services in accordance with the terms and conditions of the
contract, unless there is a disagreement over quantity, quality, or Contractor
compliance with a contract provision. If actual acceptance occurs within the
constructive acceptance period, the Government will base the determination of an
interest penalty on the actual date of acceptance. The constructive acceptance
requirement does not, however, compel Government officials to accept supplies or
services, perform contract administration functions, or make payment prior to
fulfilling their responsibilities.
(ii) The prompt payment regulations at 5 CFR 1315.10(c) do
not require the Government to pay interest penalties if payment delays are due
to disagreement between the Government and the Contractor over the payment
amount or other issues involving contract compliance, or on amounts temporarily
withheld or retained in accordance with the terms of the contract. The
Government and the Contractor shall resolve claims involving disputes and any
interest that may be payable in accordance with the clause at FAR 52.233-1,
Disputes.
(5) Discounts for
prompt payment. The designated payment office will pay an interest penalty
automatically, without request from the Contractor, if the Government takes a
discount for prompt payment improperly. The Government will calculate the
interest penalty in accordance with the prompt payment regulations at 5 CFR part
1315.
(6) Additional interest
penalty. (i) The designated payment office will pay a penalty amount, calculated
in accordance with the prompt payment regulations at 5 CFR part 1315 in addition
to the interest penalty amount only if--
(A) The Government owes an interest penalty of $1 or more;
(B) The designated payment office does not pay the interest penalty within 10
days after the date the invoice amount is paid; and
(C) The Contractor makes a written demand to the designated
payment office for additional penalty payment, in accordance with paragraph
(a)(7)(ii) of this clause, postmarked not later than 40 days after the invoice
amount is paid.
(ii)(A) The
Contractor shall support written demands for additional penalty payments with
the following data. The Government will not request any additional data. The
Contractor shall-- (1) Specifically assert that late payment interest is due
under a specific invoice, and request payment of all overdue late payment
interest penalty and such additional penalty as may be required;
(2) Attach a copy of the invoice
on which the unpaid late payment interest is due; and
(3) State that payment of the
principal has been received, including the date of receipt.
(B) If there is no postmark or the
postmark is illegible-- (1) The designated payment office that receives the
demand will annotate it with the date of receipt, provided the demand is
received on or before the 40th day after payment was made; or
(2) If the designated payment
office fails to make the required annotation, the Government will determine the
demand's validity based on the date the Contractor has placed on the demand,
provided such date is no later than the 40th day after payment was made.
(iii) The additional penalty does
not apply to payments regulated by other Government regulations (e.g., payments
under utility contracts subject to tariffs and regulation).
(b) Contract financing payment. If
this contract provides for contract financing, the Government will make contract
financing payments in accordance with the applicable contract financing
clause.
(c) Fast payment
procedure due dates. If this contract contains the clause at 52.213-1, Fast
Payment Procedure, payments will be made within 15 days after the date of
receipt of the invoice.
(d)
Overpayments. If the Contractor becomes aware of a duplicate payment or that the
Government has otherwise overpaid on an invoice payment, the Contractor shall
immediately notify the Contracting Officer and request instructions for
disposition of the overpayment.
(a) Definitions. "Contracting
Officer," as used in this clause, does not include any representative of the
Contracting Officer. "Specificially Authorized Representative (SAR)," as used in
this clause, means any person the Contracting Officer has so designated by
written notice (a copy of which shall be provided to the Contractor) which shall
refer to this subparagraph and shall be issued to the designated representative
before the SAR exercises such authority.
(b) Notice. The primary purpose of this clause is to obtain
prompt reporting of Government conduct that the Contractor considers to
constitute a change to this contract. Except for changes identified as such in
writing and signed by the Contracting Officer, the Contractor shall notify the
Administrative Contracting Officer in writing promptly, within (to be
negotiated) calendar days from the date that the Contractor identifies any
Government conduct (including actions, inactions, and written or oral
communications) that the Contractor regards as a change to the contract terms
and conditions. On the basis of the most accurate information available to the
Contractor, the notice shall state--
(1) The date, nature, and circumstances of the conduct
regarded as a change;
(2) The
name, function, and activity of each Government individual and Contractor
official or employee involved in or knowledgeable about such conduct;
(3) The identification of any
documents and the substance of any oral communication involved in such
conduct;
(4) In the instance of
alleged acceleration of scheduled performance or delivery, the basis upon which
it arose;
(5) The particular
elements of contract performance for which the Contractor may seek an equitable
adjustment under this clause, including--
(i) What contract line items have been or may be affected
by the alleged change;
(ii)
What labor or materials or both have been or may be added, deleted, or wasted by
the alleged change;
(iii) To
the extent practicable, what delay and disruption in the manner and sequence of
performance and effect on continued performance have been or may be caused by
the alleged change;
(iv) What
adjustments to contract price, delivery schedule, and other provisions affected
by the alleged change are estimated; and
(6) The Contractor's estimate of the time by which the
Government must respond to the Contractor's notice to minimize cost, delay or
disruption of performance.
(c)
Continued performance. Following submission of the notice required by (b) above,
the Contractor shall diligently continue performance of this contract to the
maximum extent possible in accordance with its terms and conditions as construed
by the Contractor, unless the notice reports a direction of the Contracting
Officer or a communication from a SAR of the Contracting Officer, in either of
which events the Contractor shall continue performance; provided, however, that
if the Contractor regards the direction or communication as a change as
described in (b) above, notice shall be given in the manner provided. All
directions, communications, interpretations, orders and similar actions of the
SAR shall be reduced to writing promptly and copies furnished to the Contractor
and to the Contracting Officer. The Contracting Officer shall promptly
countermand any action which exceeds the authority of the SAR.
(d) Government response. The
Contracting Officer shall promptly, within (to be negotiated) calendar days
after receipt of notice, respond to the notice in writing. In responding, the
Contracting Officer shall either--
(1) Confirm that the conduct of which the Contractor gave
notice constitutes a change and when necessary direct the mode of further
performance;
(2) Countermand
any communication regarded as a change;
(3) Deny that the conduct of which the Contractor gave
notice constitutes a change and when necessary direct the mode of further
performance; or
(4) In the
event the Contractor's notice information is inadequate to make a decision under
(1), (2), or (3) above, advise the Contractor what additional information is
required, and establish the date by which it should be furnished and the date
thereafter by which the Government will respond.
(e) Equitable adjustments. (1) If the Contracting Officer
confirms that Government conduct effected a change as alleged by the Contractor,
and the conduct causes an increase or decrease in the Contractor's cost of, or
the time required for, performance of any part of the work under this contract,
whether changed or not changed by such conduct, an equitable adjustment shall be
made--
(i) In the contract
price or delivery schedule or both; and
(ii) In such other provisions of the contract as may be
affected.
(2) The contract
shall be modified in writing accordingly. In the case of drawings, designs or
specifications which are defective and for which the Government is responsible,
the equitable adjustment shall include the cost and time extension for delay
reasonably incurred by the Contractor in attempting to comply with the defective
drawings, designs or specifications before the Contractor identified, or
reasonably should have identified, such defect. When the cost of property made
obsolete or excess as a result of a change confirmed by the Contracting Officer
under this clause is included in the equitable adjustment, the Contracting
Officer shall have the right to prescribe the manner of disposition of the
property. The equitable adjustment shall not include increased costs or time
extensions for delay resulting from the Contractor's failure to provide notice
or to continue performance as provided, respectively, in (b) and (c) above.
I.5 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB
1998)
This contract
incorporates one or more clauses by reference, with the same force and effect as
if they were given in full text. Upon request, the Contracting Officer will make
their full text available. Also, the full text of a clause may be accessed
electronically at this/these address(es):
K.1 NOTICE LISTING SOLICITATION PROVISIONS INCORPORATED
BY REFERENCE
The following
solicitation provisions pertinent to this section are hereby incorporated by
reference (by Citation Number, Title, and Date) in accordance with the FAR
provision at FAR "52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE" in
Section L of this solicitation. See FAR 52.252-1 for an internet address (if
specified) for electronic access to the full text of a provision.
NUMBER TITLE DATE
52.203-11 CERTIFICATION AND DISCLOSURE REGARDING APR 1991 PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS
K.2 52.204-3 TAXPAYER IDENTIFICATION (OCT 1998)
(a) Definitions.
Common parent, as used in this
provision, means that corporate entity that owns or controls an affiliated group
of corporations that files its Federal income tax returns on a consolidated
basis, and of which the offeror is a member.
Taxpayer Identification Number (TIN), as used in this
provision, means the number required by the Internal Revenue Service (IRS) to be
used by the offeror in reporting income tax and other returns. The TIN may be
either a Social Security Number or an Employer Identification Number.
(b) All offerors must submit the
information required in paragraphs (d) through (f) of this provision to comply
with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting
requirements of 26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations
issued by the IRS. If the resulting contract is subject to the payment reporting
requirements described in Federal Acquisition Regulation (FAR) 4.904, the
failure or refusal by the offeror to furnish the information may result in a 31
percent reduction of payments otherwise due under the contract.
(c) The TIN may be used by the
Government to collect and report on any delinquent amounts arising out of the
offeror's relationship with the Government (31 U.S.C. 7701(c)(3)). If the
resulting contract is subject to the payment reporting requirements described in
FAR 4.904, the TIN provided hereunder may be matched with IRS records to verify
the accuracy of the offeror's TIN.
(d) Taxpayer Identification Number (TIN).
[ ] TIN:.
____________________________
[
] TIN has been applied for.
[ ]
TIN is not required because:
[
] Offeror is a nonresident alien, foreign corporation, or foreign partnership
that does not have income effectively connected with the conduct of a trade or
business in the United States and does not have an office or place of business
or a fiscal paying agent in the United States;
[ ] Offeror is an agency or instrumentality of a foreign
government;
[ ] Offeror is an
agency or instrumentality of the Federal Government.
(e) Type of organization.
[ ] Sole proprietorship;
[ ] Partnership;
[ ] Corporate entity (not tax-exempt);
[ ] Corporate entity
(tax-exempt);
[ ] Government
entity (Federal, State, or local);
[ ] Foreign government;
[ ] International organization per 26 CFR 1.6049-4;
[ ] Other
___________________________________________
(f) Common parent.
[ ] Offeror is not owned or controlled by a common parent
as defined in paragraph (a) of this provision.
[ ] Name and TIN of common parent:
Name
____________________________________________________
TIN ____________________________________________________
K.3 52.209-5 CERTIFICATION REGARDING DEBARMENT,
SUSPENSION, PROPOSED DEBARMENT, AND OTHER RESPONSIBILITY MATTERS (DEC
2001)
(a)(1) The Offeror
certifies, to the best of its knowledge and belief, that -
(i) The Offeror and/or any of its
Principals -
(A) Are [ ] are
not [ ] presently debarred, suspended, proposed for debarment, or declared
ineligible for the award of contracts by any Federal agency;
(B) Have [ ] have not [ ], within
a three-year period preceding this offer, been convicted of or had a civil
judgment rendered against them for: commission of fraud or a criminal offense in
connection with obtaining, attempting to obtain, or performing a public
(Federal, state, or local) contract or subcontract; violation of Federal or
state antitrust statutes relating to the submission of offers; or commission of
embezzlement, theft, forgery, bribery, falsification or destruction of records,
making false statements, tax evasion or receiving stolen property; and
(C) Are [ ] are not [ ] presently
indicted for, or otherwise criminally or civilly charged by a governmental
entity with, commission of any of the offenses enumerated in subdivision
(a)(1)(i)(B) of this provision.
(ii) The Offeror has [ ] has not [ ], within a 3-year
period preceding this offer, had one or more contracts terminated for default by
any Federal agency.
(2)
"Principals," for the purposes of this certification, means officers; directors;
owners; partners; and, persons having primary management or supervisory
responsibilities within a business entity (e.g., general manager; plant manager;
head of a subsidiary, division, or business segment, and similar positions).
THIS CERTIFICATION CONCERNS A
MATTER WITHIN THE JURISDICTION OF AN AGENCY OF THE UNITED STATES AND THE MAKING
OF A FALSE, FICTITIOUS, OR FRAUDULENT CERTIFICATION MAY RENDER THE MAKER SUBJECT
TO PROSECUTION UNDER SECTION 1001, TITLE 18, UNITED STATES CODE.
(b) The Offeror shall provide
immediate written notice to the Contracting Officer if, at any time prior to
contract award, the Offeror learns that its certification was erroneous when
submitted or has become erroneous by reason of changed circumstances.
(c) A certification that any of
the items in paragraph (a) of this provision exists will not necessarily result
in withholding of an award under this solicitation. However, the certification
will be considered in connection with a determination of the Offeror's
responsibility. Failure of the Offeror to furnish a certification or provide
such additional information as requested by the Contracting Officer may render
the Offeror nonresponsible.
(d)
Nothing contained in the foregoing shall be construed to require establishment
of a system of records in order to render, in good faith, the certification
required by paragraph (a) of this provision. The knowledge and information of an
Offeror is not required to exceed that which is normally possessed by a prudent
person in the ordinary course of business dealings.
(e) The certification in paragraph (a) of this provision is
a material representation of fact upon which reliance was placed when making
award. If it is later determined that the Offeror knowingly rendered an
erroneous certification, in addition to other remedies available to the
Government, the Contracting Officer may terminate the contract resulting from
this solicitation for default.
(a) The offeror or respondent, in
the performance of any contract resulting from this solicitation, [ ] intends, [
] does not intend [check applicable block] to use one or more plants or
facilities located at a different address from the address of the offeror or
respondent as indicated in this proposal or response to request for
information.
(b) If the offeror
or respondent checks "intends" in paragraph (a) of this provision, it shall
insert in the following spaces the required information:
------------------------------------------------------------------------
Place of performance (street | Name and address of owner and
(street address, city, state, | operator of the plant or facility
county, code) | if other than offeror or respondent
------------------------------------------------------------------------
___________________________________|__________________________________
___________________________________|__________________________________
___________________________________|__________________________________
___________________________________|__________________________________
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K.5 52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS
(MAY 2001)
(a)(1) The
North American Industry Classification System (NAICS) code for this acquisition
is-- 541611.
(2) The small
business size standard is $6 million.
(3) The small business size standard for a concern which
submits an offer in its own name, other than on a construction or service
contract, but which proposes to furnish a product which it did not itself
manufacture, is 500 employees.
(b) Representations. (1) The offeror represents as part of
its offer that it [ ] is, [ ] is not a small business concern.
(2) (Complete only if the offeror
represented itself as a small business concern in paragraph (b)(1) of this
provision.) The offeror represents, for general statistical purposes, that it [
] is, [ ] is not, a small disadvantaged business concern as defined in 13 CFR
124.1002.
(3) (Complete only if
the offeror represented itself as a small business concern in paragraph (b)(1)
of this provision.) The offeror represents as part of its offer that it [ ] is,
[ ] is not a women-owned small business concern.
(4) [Complete only if the offeror represented itself as a
small business concern in paragraph (b)(1) of this provision.] The offeror
represents as part of its offer that it [ ] is, [ ] is not a veteran-owned small
business concern.
(5) [Complete
only if the offeror represented itself as a veteran-owned small business concern
in paragraph (b)(4) of this provision.] The offeror represents as part of its
offer that it [ ] is, [ ] is not a service-disabled veteran-owned small business
concern.
(c) Definitions. As
used in this provision--
Service-disabled veteran-owned small business concern--
(1) Means a small business
concern-- (i) Not less than 51 percent of which is owned by one or more
service-disabled veterans or, in the case of any publicly owned business, not
less than 51 percent of the stock of which is owned by one or more
service-disabled veterans; and
(ii) The management and daily business operations of which
are controlled by one or more service-disabled veterans or, in the case of a
veteran with permanent and severe disability, the spouse or permanent caregiver
of such veteran.
(2)
Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a
disability that is service-connected, as defined in 38 U.S.C. 101(16).
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.
K.6 52.222-22 PREVIOUS CONTRACTS AND COMPLIANCE REPORTS
(FEB 1999)
The offeror
represents that--
(a) It [ ]
has, [ ] has not participated in a previous contract or subcontract subject to
the Equal Opportunity clause of this solicitation; the clause originally
contained in Section 310 of Executive Order No. 10925, or the clause contained
in Section 201 of Executive Order No. 11114;
(b) It [ ] has, [ ] has not filed all required compliance
reports; and
(c)
Representations indicating submission of required compliance reports, signed by
proposed subcontractors, will be obtained before subcontract awards.
(a) It [ ]
has developed and has on file, [ ] has not developed and does not have on file,
at each establishment, affirmative action programs required by the rules and
regulations of the Secretary of Labor (41 CFR 60-1 and 60-2), or (b) It [ ] has
not previously had contracts subject to the written affirmative action programs
requirement of the rules and regulations of the Secretary of Labor.
K.8 52.227-15 STATEMENT OF LIMITED RIGHTS DATA AND
RESTRICTED COMPUTER SOFTWARE (MAY 1999)
(a) This solicitation sets forth the work to be performed
if a contract award results, and the Government's known delivery requirements
for data (as defined in FAR 27.401). Any resulting contract may also provide the
Government the option to order additional data under the Additional Data
Requirements clause at 52.227-16 of the FAR, if included in the contract. Any
data delivered under the resulting contract will be subject to the Rights in
Data--General clause at 52.227-14 that is to be included in this contract. Under
the latter clause, a Contractor may withhold from delivery data that qualify as
limited rights data or restricted computer software, and deliver form, fit, and
function data in lieu thereof. The latter clause also may be used with its
Alternates II and/or III to obtain delivery of limited rights data or restricted
computer software, marked with limited rights or restricted rights notices, as
appropriate. In addition, use of Alternate V with this latter clause provides
the Government the right to inspect such data at the Contractor's facility.
(b) As an aid in determining the
Government's need to include Alternate II or Alternate III in the clause at
52.227-14, Rights in Data--General, the offeror shall complete paragraph (c) of
this provision to either state that none of the data qualify as limited rights
data or restricted computer software, or identify, to the extent feasible, which
of the data qualifies as limited rights data or restricted computer software.
Any identification of limited rights data or restricted computer software in the
offeror's response is not determinative of the status of such data should a
contract be awarded to the offeror.
(c) The offeror has reviewed the requirements for the
delivery of data or software and states [offeror check appropriate block]--
[ ] None of the data proposed for
fulfilling such requirements qualifies as limited rights data or restricted
computer software.
[ ] Data
proposed for fulfilling such requirements qualify as limited rights data or
restricted computer software and are identified as follows:
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)
L.1 NOTICE LISTING SOLICITATION PROVISIONS INCORPORATED
BY REFERENCE
The following
solicitation provisions pertinent to this section are hereby incorporated by
reference (by Citation Number, Title, and Date) in accordance with the FAR
provision at FAR "52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE" in
Section L of this solicitation. See FAR 52.252-1 for an internet address (if
specified) for electronic access to the full text of a provision.
NUMBER TITLE DATE
52.215-1 INSTRUCTIONS TO OFFERORS--COMPETITIVE MAY 2001 ACQUISITION ALTERNATE I (OCT 1997)
52.222-24 PREAWARD ON-SITE EQUAL OPPORTUNITY FEB 1999 COMPLIANCE EVALUATION
L.2 52.216-1 TYPE OF CONTRACT (APR 1984)
The Government contemplates award
of a (Cost Plus Fixed Fee) contract resulting from this solicitation.
(a) Cost or charges for royalties.
When the response to this solicitation contains costs or charges for royalties
totaling more than $250, the following information shall be included in the
response relating to each separate item of royalty or license fee:
(1) Name
and address of licensor.
(2)
Date of license agreement.
(3)
Patent numbers, patent application serial numbers, or other basis on which the
royalty is payable.
(4) Brief
description, including any part or model numbers of each contract item or
component on which the royalty is payable.
(5) Percentage or dollar rate of royalty per unit.
(6) Unit price of contract
item.
(7) Number of units.
(8) Total dollar amount of
royalties.
(b) Copies of current licenses. In addition, if
specifically requested by the Contracting Officer before execution of the
contract, the offeror shall furnish a copy of the current license agreement and
an identification of applicable claims of specific patents.
(a) Protests, as defined in
section 33.101 of the Federal Acquisition Regulation, that are filed directly
with an agency, and copies of any protests that are filed with the General
Accounting Office (GAO), shall be served on the Contracting Officer (addressed
as follows) by obtaining written and dated acknowledgment of receipt from:
KEITH A. Bond Contracting
Officer
Hand-Carried
Address:
U.S. Department of
Labor, ETA/OGCM Division of Contract Services 200 Constitution Avenue, NW Room
S-4203 Washington DC 20210
Mailing Address:
U.S. Department of Labor,
ETA/OGCM Division of Contract Services 200 Constitution Avenue, NW Room
S-4203 Washington DC 20210
(b) The
copy of any protest shall be received in the office designated above within one
day of filing a protest with the GAO.
L.5 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY
REFERENCE (FEB 1998)
This
solicitation incorporates one or more solicitation provisions by reference, with
the same force and effect as if they were given in full text. Upon request, the
Contracting Officer will make their full text available. The offeror is
cautioned that the listed provisions may include blocks that must be completed
by the offeror and submitted with its quotation or offer. In lieu of submitting
the full text of those provisions, the offeror may identify the provision by
paragraph identifier and provide the appropriate information with its quotation
or offer. Also, the full text of a solicitation provision may be accessed
electronically at this/these address(es):
Offerors shall submit the following information as part of
their proposal for both the offeror and proposed major subcontractors:
A. A list of all relevant
contracts and subcontracts completed during the past three (3) years and all
contracts and subcontracts currently in process. The reference should be on
project/work similar in nature. Contracts listed may include those entered into
by the Federal Government, agencies of state and local governments and
commercial customers. Offerors that are newly formed entities without prior
contracts should list contracts and subcontracts as required above for all key
personnel. Include the following information for each contract and
subcontract:
1. Name of contracting activity
2. contract number
3. Contract type
4. total contract value
5. contract work
6. contracting officer and telephone
7. program manager and telephone
8. administrative contracting officer, if different from #6
and telephone number
9. list of major subcontractors
B. The offeror may provide information on problems encountered on the
contract and subcontracts identified in A above and corrective actions taken to
resolve those problems. Offerors should not provide general information of their
performance on the identified contracts. General performance information will be
obtained from the references.
C. The offeror may describe any quality of awards or
certifications that indicate the offeror possess a high quality process for
developing and producing the product or service required. Identify what segment
of the company (one division or the entire company) that received the award or
certification. Describe when the award or certification was bestowed. If the
award or certification is over three years old, present evidence that the
qualifications still apply.
D.
Each offeror will be evaluated on his/her performance under existing and prior
contracts for similar products or services. Performance information will be used
for both responsibility determinations and as an evaluation factor against which
offerors' relative rankings will be compared to assure best value to the
Government. The Government will focus on information that demonstrates quality
of performance relative to the size and complexity of the procurement under
consideration. The contractor's reference form identified in Section J.7 will be
used to collect this information. References other than those identified by the
offeror may be contacted by the Government with the information received used in
the evaluation of the offerors's past performance. The Government may also
reserve the right to decide not to contact all of the references provided by the
offeror. Names of individuals providing reference information about an offeror's
past performance shall not be disclosed.
L.7 SUBMISSION OF PROPOSAL
(A) - General:
Your proposal must be submitted in
four (4) separate and direct parts as outlined below, consisting of the number
of stated copies and accompanied by the required supportive materials to insure
that the proposal will be considered responsible to the Request for
Proposals.
Part 1 - Original and two (2) signed copies of completed
Standard Form 33, Solicitation, Offer and Award, and all
attachments thereto except those items required in Part 2
3 and 4 will be submitted as outlined in their respective
parts.
Legible copies are acceptable. (All copies shall be ink-signed.)
Part 2 - A detailed Technical Proposal in an original and four (4) copies
as further outlined below. The Technical Proposal shall not make reference to
cost or price data so that an independent technical evaluation may be made on
the basis of technical merit alone. Failure to comply with this requirement will
result in a determination of nonrespon- siveness. Proposals specifying less than
one hundred twenty (120) days Government Acceptance may be considered not
acceptable. Any exceptions taken by a proposer to any provisions of this Request
for Proposals or any condition placed upon a proposal may result in a finding of
not acceptable. Only one proposal may be submitted by each respondent. PLEASE
NOTE: There is a page limit not to exceed 50 pages for the technical approach.
These pages should be single-spaced and single sided with a 1 inch margin and
using Times New Roman or Arial font with a pitch of 12 or more. Responses under
this evaluation criteria that do not meet the requirements may be determined
technically unacceptable and not considered for award.
Part 3 - Past Performance
Information as described in L.5 and M.3(C).
Part 4 - A detailed Business Management Proposal as further
outlined in the below instructions and consisting of:
(a) Three (3) copies of 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 acceptable.
NOTE: Part 1, 2, 3 and 4 should be sealed in separate envelopes
and included in one master package. The RFP number and related
Part numbers outlined above, if applicable, must be shown in the
upper left hand corner of each of the envelopes as well as the
master package.
(B) - Technical Proposal (Part 2):
Your technical proposal should be specific and complete. Your
proposal should demonstrate a thorough understanding of the
requirements of the attached schedule (PART I - SECTION C) and a
logical plan for accomplishment.
To facilitate proposal evaluation, the offeror shall submit as
part of the proposal a separate enclosure entitled "Technical
Proposal." The information should be keyed to each paragraph of
the technical proposal requirements as outlined below:
Problem and Approach
The technical proposal must at a minimum provide:
1. The proposal shall provide a statement of the scope of work in
offeror's own words to demonstrate the offeror's complete understanding of the
intent and requirements.
2. The
proposal shall fully describe the proposed technical approach to comply with
each of the requirements specified under the statement of work.
Experience
The proposal shall describe the
offeror's past experience in performing work of a similar nature.
Personnel
The proposal shall specify the
type of personnel and provide a resume of professional persons that will be
employed to perform the contract. The proposal shall also specify how the
professional personnel under the contract will operate organizationally. At a
minimum, the resume shall include:
(a) Previous work experience, including duties, dates and
employing organizations. Duties must be clearly defined in terms of roles
performed; i.e., manager, team leader, consultant, etc.
(b) A statement of work completed
or under-way which is relevant to the proposed work under this contract.
(c) Educational background.
(d) Contemplated position.
3. The offeror's technical
approach and schedule for accomplishing the objectives, including identification
of possible technical problems and solutions.
4. A general work plan organized to show major work tasks
and subtasks for conducting the project.
5. A staffing chart listing names, qualifications, and
experiences of key personnel.
6. A description of the firm's qualifications in terms of
relevant previous experience, facilities and other resources. A description of
prior projects that illustrate the offeror's relevant experience and expertise
must be provided along with names and telephone numbers of client references.
(C) - Offeror Representations,
Certifications, and Acknowledgments
The offeror shall complete and submit all certifications
included in or attached to this Request forProposals.
The Cost Analysis (Attachment J.2)
and Financial Capability Forms (Attachment J.3) support information shall be
augmented as follows:
Offerors
are required to submit cost proposals fully supported by cost and pricing data
adequate to establish the reasonableness of the proposed costs.
1. Most current published annual
balance sheet and profit or loss statement.
2. The offeror shall furnish a total cost breakdown
utilizing the enclosed cost and price analysis form.
(a) Include the backup data to support the type of labor
and estimated numbers of hours within each category.
(b) Include a breakdown of the amount estimated for travel
including destination, duration, purpose and cost (per diem and
transportation).
(c) Include
backup data to support the estimated amount of material and subcontracting (if
applicable) including description of materials to be procured, basis for
proposed subcontract, type of subcontract and amounts proposed.
3. List the names and addresses of
any subcontractor* the offeror intends to use in the performance of a resulting
contract. Include the following information about the subcontract(s).
(a) How subcontractor was
selected?
(b) Has the
subcontractor submitted a cost proposal?
(c) Will the subcontractor be able to start performance at
the start of the contract period?
(d) What is the total cost of (each) subcontract?
(e) What services (skills) will
the subcontract provide?
(f)
What experience does the subcontractor have in this technical area?
*Also provide the above
information for consultants you intend to use in the performance of a resulting
contract. Consultants are persons posessing special current knowledge or skill
that may be combined with extensive operational experience. FAR 37.203(a). This
background enables them to provide information, opinions, advice, or
recommendations to enhance understanding of complex issues or to improve the
quality or timeliness of policy development or decision making. These persons
may not be officers or employees of the contractor.
Applications should consist of the individual's resume, a
brief sample of relevant work and list of references. Prior to the formal
review, applications will be screened to insure that all the information
requested in this proposal is provided and complete.
L.8 LETTERS OF COMMITMENT - KEY PERSONNEL, (OCT
2000)
1. All proposed key
personnel listed in Section H.9 require written, signed (by employee/contingency
hire), and dated letters of commitment. The Offeror shall provide letters of
commitment from current employees that state they: (1) will remain employed by
the Offeror; and (2) will work full time, or the percentage of time designated
in the RFP, for at least six months on the resultant contract if awarded to the
Offeror. The letters of commitment must reflect agreement on salary, benefits
and position.
2. Letters of
commitment must also be submitted for contingency hires, defined as persons not
currently employed but who have executed a binding letter of commitment for
employment with the Offeror, if the Offeror receives award under subject
solicitation. The letter of commitment must reflect agreement on salary,
benefits and position. New hires may not be proposed for key personnel. (A new
hire is defined as specified or unspecified persons to fill an empty position
who are neither identified as a current employee of the Offeror (or proposed
subcontractor) nor as a contingency hire).
3. For those key personnel designated by the Contracting
Officer, a binding signed employment contract between the key person(s) and the
employer/offeror contingent upon DOL awarding the employer/offeror the resultant
contract must be provided with the proposal in order for the proposal to be
considered responsive or technically acceptable. The employment contract must:
(1) be for at least six months from the date of the award of the contract by DOL
to the employer/offeror; (2) state that the employee will work full time, or the
percentage of time designated in the RFP, on the resultant contract if awarded
to the employer/offeror; and (3) the employment contract must address salary,
benefits, and position.
L.9 SPECIAL REQUIREMENTS
The key personnel positions and
their required time commitment are listed as follows:
* Key Personnel. The contractor
shall designate a Project Director to oversee the demonstration and other key
personnel to perform the task requirements. It is imperative that the Project
Director and key personnel be familiar with establishing and running
demonstration projects including microenterprise projects, as well as relevant
microenterprise theory.
o The
Project Director: The project director will act as facilitator of the whole
project. The project director will coordinate action of all the relevant parties
at the state and local level. The project director shall have a minimum of ten
years' experience in performing social science research focusing on
microenterprise programs, including a minimum of five years of experience in
designing and coordinating large-scale research projects. In addition, the
project director shall have a minimum of five years' experience serving as a
project director or in an equivalent position in project management. The project
director will have at minimum a PhD in economics, political science, public
administration, or statistics. The project director will have a 25% time
commitment to the demonstration.
o Principle Investigator: The principle investigator will
facilitate the actual conduct and design of the research, data collection, and
evaluation components of the demonstration. The principle investigator shall
have a minimum of ten years experience in performing social science research,
including 5 years experience designing and evaluating large-scale demonstration
projects. In addition, the principle investigator will have a minimum of 5 years
experience serving as a principle investigator or equivalent position in project
management. The principle investigator will at minimum have a PhD in economics,
political science, statistics, or mathematics. The principle investigator will
have a variable 25% - 75% time commitment depending on demonstration phase.
o Site Monitors: The site monitors
for this demonstration will coordinate demonstration activities at the project
sites. The site monitors will have a variable time commitment of 50% - 100%
depending on demonstration phase. Site monitors proposed for this demonstration
shall have a minimum of five years' experience in performing social science
research, including at least two years' experience working on research projects.
They will have at minimum a Master's degree in economics, political science,
public administration, or statistics.
o The contractor shall make no diversion of the Project
Director or other key personnel on this contract without the advance written
consent of the Contracting Officer.
PLEASE
NOTE: ALL FUNDS AWARDED UNDER THIS CONTRACT MUST BE USED IN STRICT COMPLIANCE
WITH FEDERAL LAWS, REGULATIONS AND POLICIES.
L.10 CONFIRMATION OF PROPOSED KEY PERSONNEL (OCT
2000)
The following
certificate shall be provided upon request by the Contracting Officer should
discussions be required and revisions and/or best and final offers be
requested.
I certify that the
proposed key personnel are still available for performance under any contract
resulting from this solicitation, and that the letters of commitment are still
valid. I base this certification on written and/or oral confirmation which I
received, within the past 30 days, from each individual proposed to fill the Key
Personnel requirements. I further certify that I possess copies of written
confirmations I received from each individual, and/or a memorandum to the file
documenting oral confirmation of that individual's availability. I further
promise to immediately inform the Government of any changes in the availability
of any proposed key personnel.
Date of Certification
By (Name and Signature of company president)
L.11 REQUEST FOR CLARIFICATION (RFC)
All requests for RFP clarification
are due by 5:00 PM Local Time on April 19, 2002.
Only electronic submission of requests will be accepted.
They shall be submitted to Mr. Harry B. Ladson at hladson@doleta.gov.
Should any RFC be received after
the date stated above, the Government reserves the right not to provide an
answer. If, however, in the Government's opinion, the RFC cites an issue of
significant importance, the government may provide written responses to all
offerors.
The Government will
not provide any information concerning requests for clarifications in response
to telephone calls from offerors. All requests will be answered electronically
and provided to all offerors at the DOLETA Internet site
(HTTP://WWW.DOLETA.GOV).
PLEASE
BE ADVISED THAT IT IS THE SOLE RESPONSIBILITY OF THE OFFEROR TO CONTINUALLY VIEW
THE WEBSITE FOR ANY AMENDMENTS TO THIS SOLICITATION.
The Government intends to evaluate
proposals and make awards with discussions with the most highly rated offerors.
Therefore, each offer should contain the best terms from a cost or price and
technical standpoint.
A cost
realism analysis shall be performed for all technically acceptable offerors.
Contract award will be based on
the combined evaluations of Technical Approach, Individual Staff Experience and
Qualification, Past Performance, and Cost. Please be advised that past
performance reference checks will only be made on the offerors who make the
competetive range. The contract resulting from this solicitation will be awarded
to the responsible offeror whose offer, conforming to the solicitation, is
determined to provide the "best value" to the Government, which may not
necessarily be the proposals offering the lowest cost nor receiving the highest
technical score.
It should be
noted that cost is not a numerically weighted factor. Although non-cost factors
are significantly more important than cost, cost is an important factor and
should be considered when preparing responsive offers (proposals). The
importance of cost as an evaluation factor will increase with the degree of
equality of the proposals in relation to the remaining evaluation factors. When
the offerors within the competitive range are considered essentially equal in
terms of technical, past performance and other non-cost factors (if any), or
when cost is so significantly high as to diminish the value of the technical
superiority to the Government, cost may become the determining factor for award.
In summary, cost/non-cost trade offs will be made, and the extent to which one
may be sacrificed for the other if governed only by the tests of rationality and
consistency with the established factors.
Prospective contractors are advised that the selection of a
contractor for contract award is to be made, after a careful evaluation of the
offers (proposals) received, by a panel of specialists chosen by DOL/ETA. Each
panelist will evaluate the proposals for technical acceptability using a range
of scores assigned to each factor. The factors are presented in the order of
emphasis that they will receive (i.e., Factor A has the greatest weight, Factor
B the second greatest weight, etc.). The scores will then be averaged to select
a contractor for award on the basis of their proposal being the most
advantageous to the Government, price and other factors considered.
M.2 CRITERIA FOR AWARD
Prospective offerors are advised that the selection of an
offeror for contract award is to be made after a careful evaluation of the
proposals received, by a panel selected by DOL/ETA. Each panelist will evaluate
the proposals for acceptability using a range of scores assigned to each factor.
The scores will then be averaged to select an offeror or develop a list of
offerors with whom negotiations may be conducted.
A. Technical Approach - 40 points
The offeror is to exhibit a clear
and concise description and understanding of the technical and methodological
approaches and problems involved in the development of the sample survey design,
survey instruments, analytical framework, and the analytical tools necessary to
gather accurate data for data tabulation and analysis. Discussion is to be
included on proposed precision, validity and reliability of data resulting from
the sample design and how it relates to or the degree to which it will enable
the contractor to respond to each of the various policy questions including each
of the project objectives. Contractor is to describe suggested administrative
procedures for survey including a time frame for carrying out the project. A
proposed outline of the data needs and the rationale for their inclusion is also
to be included. The Contractor will be responsible for outlining four actual
designs. These designs include:
(1)The design of the microenterprise "package" administered
to the program participants. (2)The design of the site selection criteria.
(3)The design of the impact, benefit-cost, and process evaluations of the
demonstration. (4)The general project design.
PLEASE BE ADVISED THAT OFFERORS
SHALL BE EVALUATED UNDER THIS FACTOR BASED ON THE FOLLOWING:
(1)exhibition of a clear and
concise description and understanding of the technical and methodological
approaches and problems involved in the development of the sample survey design,
survey instruments, analytical framework, and the analytical tools necessary to
gather accurate data for data tabulation and analysis; (2) discussion on
proposed precision, validity and reliability of data resulting from the sample
design and how it relates to or the degree to which it will enable the
contractor to respond to each of the various policy questions including each of
the project objectives; (3) description of suggested administrative procedures
for survey including a time frame for carrying out the project;(4) proposed
outline of the data needs and the rationale for their inclusion;(5) outlining of
four actual designs.
These
designs include:
(1)The design
of the microenterprise "package" administered to the program participants.
(2)The design of the site selection criteria. (3)The design of the impact,
benefit-cost, and process evaluations of the demonstration. (4) The general
project design.
B. 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 principal investigator;
3. The proposed site monitors;
4. The proposed project organization;
5. 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;
6. A resume for each professional personnel to be assigned
to the project. At a minimum, each resume shall include:
(a) The individual's current
employment status and previous work experience, including position title, dates
in position, duties performed, and employing organization. Duties shall be
clearly defined in terms of the role performed, i.e., management, team leader,
consultant. Also, indicate whether each individual is currently employed by the
contractor, and (if so) for how long.
(b) A statement of the work that the individual has
completed or which is currently underway for work that is relevant to the
proposed work on the project.
(c) The individual's educational background;
(d) The position to which the
individual would be assigned for the project and the type of work that they
would perform in that capacity.
The offeror shall include a matrix indicating the skills
required in the project and which individuals proposed have those skills. At a
minimum, the matrix should show how the staff member in question meets the
requirements for experience and expertise in knowledge of microenterprise theory
and practice, project design, project management, project monitoring, data
collection and analysis, research methods, survey design and conduct of surveys,
and preparation of reports.
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 will act as facilitator of
the whole project. The project director will coordinate action of all the
relevant parties at the state and local level. The project director shall have a
minimum of ten years' experience in performing social science research focusing
on microenterprise programs, including a minimum of five years of experience in
designing and coordinating large-scale research projects. In addition, the
project director shall have a minimum of five years' experience serving as a
project director or in an equivalent position in project management. The project
director will have at minimum a PhD in economics, political science, public
administration, or statistics. The project director will have a 25% time
commitment to the demonstration.
(ii) The principle investigator will facilitate the actual
conduct and design of the research, data collection, and evaluation components
of the demonstration. The principle investigator shall have a minimum of ten
years experience in performing social science research, including 5 years
experience designing and evaluating large-scale demonstration projects. In
addition, the principle investigator will have a minimum of 5 years experience
serving as a principle investigator or equivalent position in project
management. The principle investigator will at minimum have a PhD in economics,
political science, statistics, or mathematics. The principle investigator will
have a variable 25% - 75% time commitment depending on demonstration phase.
(iii) The site monitors for this
demonstration will coordinate demonstration activities at the project sites. The
site monitors will have a variable time commitment of 50% - 100% depending on
demonstration phase. Site monitors proposed for this demonstration shall have a
minimum of five years' experience in performing social science research,
including at least two years' experience working on research projects. They will
have at minimum a Master's degree in economics, political science, public
administration, or statistics.
(iv) A resume for each professional personnel to be
assigned to the project. At a minimum, each resume shall include:
(a) The individual's current
employment status and previous work experience, including position title, dates
in position, duties performed, and employing organization. Duties shall be
clearly defined in terms of the role performed, i.e., management, team leader,
consultant. Also, indicate whether each individual is currently employed by the
contractor, and (if so) for how long.
(b) A statement of the work that the individual has
completed or which is currently underway for work that is relevant to the
proposed work.
(c) The
individual's educational background;
(d) The position to which the individual would be assigned
for the project and the type of work that they would perform in that capacity;
and
(v) Staffing charts listing
names, qualifications, and experience of professional personnel (including
outside consultants), staff time/time loading charts showing the amount of time
each staff person will devote to each task and sub-task, and an indication of
how staff will be allocated to perform all necessary field work during the
project.
C. CONTRACTOR'S PAST PERFORMANCE (25 points)
This criterion shall represent 25%
of the total score of the proposal. Award may be made from the initial offers
without discussions. However, offerors will be provided the opportunity to
address unfavorable reports of past performance, if the offeror has not had a
previous opportunity to review the rating. Past performance shall include
evaluating offerors with no relevant performance history, and shall provide
offerors an opportunity to identify past or current contracts (Federal, State
and local government and private) for efforts similar to the Government
requirement.
Offerors shall
provide information on problems encountered on the identified contracts and the
offerors' corrective actions. The Government shall consider this information, as
well as information obtained from any other sources, when evaluating the
offeror's past performance. The contracting officer shall determine the
relevance of similar past performance information. Offerors shall submit past
performance information regarding predecessor companies, key personnel who have
relevant experience, or subcontractors that will perform major or critical
aspects of the requirement when such information is relevant to the instant
acquisition. Offerors without relevant past performance history or for whom
information on past performance is not available, may not be evaluated favorably
or unfavorably on past performance. In this instance the offeror would receive a
neutral score.
D. COST
Cost Realism will be performed as part of the proposal
evaluation process. The purpose of this evaluation shall be to (a) to verify the
offeror's understanding of the requirement; (b) to assess the degree to which
the cost/price proposal reflects the approaches and/or risk assessments made in
the technical proposal as well as the risk that the offeror will provide the
services for the offered price/costs; and (c) assess the degree to which the
cost reflected in the cost/price proposal accurately represents the work effort
included in the technical offer (proposal).
M.3 DETERMINING OVERALL BEST VALUE
In order to determine which
offeror represents the best overall value, the Contracting Officer will make a
series of paired comparisons among only those offerors that submitted acceptable
offers (proposals). If, in any paired comparison, the offeror with the higher
expected value also has the lower price, then the Contracting Officer will
consider that offeror to represent the better overall value. If the offeror with
the higher expected value has the higher price, then the Contracting Officer
will decide whether the difference in expected value is worth the difference in
price. If the Contracting Officer decides that it is, then they will consider
the offeror with the higher expected value and the higher price to represent the
better overall value. If not, then the Contracting Officer will consider the
offeror(s) with the lower expected value and the lower price to represent the
better value. The Contracting Officer will continue to make paired comparisons
in this way until they have identified the best overall value.
Pursuant to FAR Subpart 52.215-1
Instructions to Offerors - Competitive Acquisition, the Contracting Officer
reserves the right to award without discussion to the source(s) whose offer is
the most advantageous to the Government, price and other factors considered.
