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Accounting and Financial Reporting Assistance |
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The Department of Labor, Employment and Training Administration (DOL/ETA), Office of Financial and Administrative Services is seeking contractors to provide personnel, material, equipment, and services in order to assist DOL/ETA with (1) general Federal budgetary, accounting, and financial and program reporting tasks and (2) audit and review services, as directed by the Contracting Officer's Technical Representative. |
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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 WWW.DOLETA.GOV.
IT IS THE OFFEROR'S RESPONSIBILITY TO CHECK THIS SITE PERIODICALLY FOR OFFICIAL UPDATES/AMENDMENTS TO THE SOLICITATION. |
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| Solicitation Number | RFP-DCS-02-21 | Issue Date: | 04/17/02 |
Due Date: | 05/31/2002 |
Time: | 2:00 p.m. |
Program Office: | DCS |
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: | |
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| PERTINENT TECHNICAL SECTIONS OF SOLICITATION |
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| 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): |
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SOLICITATION, OFFER AND AWARD |
1. THIS CONTRACT IS A RATED ORDER |
UNDER DPAS (15 CFR 700) | | | |
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3. SOLICITATION NUMBER |
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RFP-DCS-02-21 | |
4. TYPE OF SOLICITATION |
| SEALED BID (IFB) |
| NEGOTIATED (RFP)
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6. REQUISITION/PURCHASE NUMBER |
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PAR 02-570/HBL |
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7. ISSUED BY
| CODE | |
U.S. Department of Labor, ETA/OGCM |
Division of Contract Services |
200 Constitution Avenue, NW |
Room C-4310 |
Washington DC 20210 | |
8. ADDRESS OFFER TO (If other than Item 7) |
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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. (Hour) local time
05/31/2002 (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.
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10. FOR INFORMATION CALL: |
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A. NAME |
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Harry B. Ladson Jr. | |
B. TELEPHONE (NO COLLECT CALLS) |
C. E-MAIL ADDRESS |
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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)
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PART I - THE SCHEDULE |
PART II - CONTRACT CLAUSES |
| A | SOLICITATION/CONTRACT FORM |
| | I | CONTRACT CLAUSES | |
| B | SUPPLIES OR SERVICES AND PRICES/COSTS |
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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 |
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| 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) | | | | | |
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 |
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15A. | NAME AND ADDRESS OF
OFFEROR | | |
16. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER |
(Type or print) |
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15B. TELEPHONE NUMBER
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| 15C. CHECK IF REMITTANCE ADDRESS IS DIFFERENT FROM ABOVE - ENTER SUCH ADDRESS IN SCHEDULE | | | |
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AWARD (To be completed by Government)
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19. ACCEPTED AS TO ITEMS NUMBERED |
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21. ACCOUNTING AND APPROPRIATION |
N/A |
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22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION: |
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| 10 U.S.C. 2304(a) (
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23. SUBMIT INVOICES TO ADDRESS SHOWN IN |
(4 copies unless otherwise specified) |
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24. ADMINISTERED BY (If other than Item 7) | CODE | |
U.S. Department of Labor, ETA |
Divsion 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-4702 |
Washington DC 20210 | |
26. NAME OF CONTRACTING OFFICER (Type or print) |
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27. UNITED STATES OF AMERICA |
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(Signature of Contracting Officer) | | |
IMPORTANT - Award will be made on this Form, or on
Standard Form 26, or by other authorized written notice. |
STANDARD FORM 33 (REV. 9-97) |
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Table Of Contents |
PART I - THE SCHEDULE |
SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS |
B.1 TIME AND MATERIALS/LABOR HOUR CONTRACT |
B.2 SCHEDULE OF DIRECT LABOR HOUR COSTS |
B.3 MINIMUM-MAXIMUM REQUIREMENT |
SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK |
C.1 OBJECTIVE |
C.2 INTRODUCTION AND BACKGROUND |
C.3 MAJOR TASKS TO BE PERFORMED |
C.4 DETAILED TASK REQUIREMENTS (DESCRIPTION OF WORK) |
C.5 ORDERS UNDER MULTIPLE AWARD CONTRACTS |
SECTION D - PACKAGING AND MARKING |
[FOR THIS SOLICITATION, THERE ARE NO CLAUSES IN THIS SECTION] |
SECTION E - INSPECTION AND ACCEPTANCE |
E.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE |
SECTION F - DELIVERIES OR PERFORMANCE |
F.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE |
F.2 PERIOD OF PERFORMANCE |
F.3 MINIMUM/MAXIMUM REQUIREMENT |
F.4 REPORTS/DELIVERABLES |
SECTION G - CONTRACT ADMINISTRATION DATA |
G.1 IDENTITY AND AUTHORITY OF THE CONTRACTING OFFICER'S REPRESENTATIVE (GOVERNMENT AUTHORIZED REPRESENTATIVE) |
G.2 INVOICE REQUIREMENTS |
G.3 METHOD OF PAYMENT |
SECTION H - SPECIAL CONTRACT REQUIREMENTS |
H.1 BUDGET LINE ITEM FLEXIBILITY |
H.2 FRINGE BENEFITS |
H.3 VACATIONS, SICK-LEAVE HOLIDAYS |
H.4 TRAVEL AND PER DIEM |
H.5 USE OF AND PAYMENT TO CONSULTANTS |
H.6 UNEMPLOYMENT INSURANCE COST |
H.7 ACCOUNTING AND AUDITING SERVICES |
H.8 PRINTING |
H.9 KEY PERSONNEL |
H.10 CONTRACT NUMBER IDENTIFICATION |
H.11 SUBMISSION OF CORRESPONDENCE |
H.12 OTHER CONTRACTORS |
H.13 LAWS APPLICABLE |
H.14 DISPOSITION OF MATERIAL |
H.15 NONDISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITIES |
H.16 FEDERAL REPORTS |
H.17 DISCLOSURE OF CONFIDENTIAL INFORMATION |
H.18 ELIMINATION OF SEXIST LANGUAGE AND ART WORK |
H.19 HAZARDOUS OCCUPATION ORDERS |
H.20 INSURANCE REQUIREMENTS (FAR-SUBPART 28.3) |
H.21 DATA COLLECTION FOR THE DEPARTMENT OF LABOR |
H.22 PERFORMANCE STANDARDS |
H.23 RESTRICTION ON USE OF DOL FUNDS FOR LOBBYING |
H.24 PUBLICATION OF MATERIALS |
H.25 OPTION TO EXTEND THE TERMS OF THE CONTRACT - SERVICE (FAR 17.208(G)) |
H.26 INDIRECT COSTS |
H.27 SPECIAL CONTRACT REQUIREMENTS |
PART II - CONTRACT CLAUSES |
SECTION I - CONTRACT CLAUSES |
I.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE |
I.2 52.216-18 ORDERING (OCT 1995) |
I.3 52.216-19 ORDER LIMITATIONS (OCT 1995) |
I.4 52.216-22 INDEFINITE QUANTITY (OCT 1995) |
I.5 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999) |
I.6 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) |
I.7 52.232-25 PROMPT PAYMENT (FEB 2002) |
I.8 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) |
PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS |
SECTION J - LIST OF ATTACHMENTS |
J.1 CONTRACT PRICING PROPOSAL COVER SHEET, STANDARD FORM |
J.2 STATEMENT OF FINANCIAL CAPABILITY, ETA 8554 (2 PAGES) |
J.3 COST CONTRACTOR'S INVOICE, ETA 3100-1 (1 PAGE) |
J.4 COST CONTRACTOR'S DETAILED STATEMENT OF COST, ETA 3-2 |
J.5 PAST PERFORMANCE EVALUATION QUESTIONNAIRE (2 PAGES) |
J.6 PAST PERFORMANCE REFERENCE INFORMATION SHEET (2 PAGES) |
J.7 ORAL PRESENTATION EVALUATION QUESTIONAIRE (2 PAGES) |
J.8 LOADED HOURLY LABOR RATE CHART (1 PAGE) |
J.9 VETS-100 - FEDERAL CONTRACTOR VETERANS EMPLOYMENT |
PART IV - REPRESENTATIONS AND INSTRUCTIONS |
SECTION K - REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS |
K.1 NOTICE LISTING SOLICITATION PROVISIONS INCORPORATED BY REFERENCE |
K.2 52.204-3 TAXPAYER IDENTIFICATION (OCT 1998) |
K.3 52.209-5 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, PROPOSED DEBARMENT, AND OTHER RESPONSIBILITY MATTERS (DEC 2001) |
K.4 52.215-6 PLACE OF PERFORMANCE (OCT 1997) |
K.5 52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (MAY 2001) |
K.6 52.222-18 CERTIFICATION REGARDING KNOWLEDGE OF CHILD LABOR FOR LISTED END PRODUCTS (FEB 2001) |
K.7 52.222-22 PREVIOUS CONTRACTS AND COMPLIANCE REPORTS (FEB 1999) |
K.8 52.222-25 AFFIRMATIVE ACTION COMPLIANCE (APR 1984) |
K.9 52.227-15 STATEMENT OF LIMITED RIGHTS DATA AND RESTRICTED COMPUTER SOFTWARE (MAY 1999) |
K.10 SIGNATURE BLOCK |
SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS |
L.1 NOTICE LISTING SOLICITATION PROVISIONS INCORPORATED BY REFERENCE |
L.2 52.216-27 SINGLE OR MULTIPLE AWARDS (OCT 1995) |
L.3 52.216-1 TYPE OF CONTRACT (APR 1984) |
L.4 52.233-2 SERVICE OF PROTEST (AUG 1996) |
L.5 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) |
L.6 PAST PERFORMANCE |
L.7 ORAL PRESENTATION |
L.8 SUBMISSION OF PROPOSAL |
L.9 LETTERS OF COMMITMENT - KEY PERSONNEL, (OCT 2000) |
L.10 CONFIRMATION OF PROPOSED KEY PERSONNEL (OCT 2000) |
L.11 REQUEST FOR CLARIFICATION (RFC) |
SECTION M - EVALUATION FACTORS FOR AWARD |
M.1 NOTICE LISTING SOLICITATION PROVISIONS INCORPORATED BY REFERENCE |
M.2 BASIS FOR AWARD (BEST VALUE) |
M.3 EVALUATION CRITERIA AND BASIS FOR AWARD (BEST VALUE) |
M.4 DETERMINING BEST OVERALL VALUE |
PART I - THE SCHEDULE
SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS
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Title: Accounting and Financial Reporting Assistance
The purpose of this project is to provide personnel, material, equipment, and services in order to assist the Employment and Training Administration, Office of Financial and Administrative Services with (1) general Federal budgetary, accounting, financial and program reporting tasks and (2) audit and review services.
Solicitation No. is RFP-DCS-02-21.
Period of Performance is 12 months from the date of contract execution by the government with three (3) 1-year options to extend at the discretion of the government.
This solicitation is a 100% Small Business Set-Aside. It is anticipated that two contracts will be awarded under this solicitation. However, the Government reserves the right to award more than two contracts or to award only one contract under this solicitation.
The North American Industry Classification System (NAICS) Code is 541219, with a $7 million size standard.
Pursuant to FAR 52.215-1 Instructions to Offerors-Competitive Acquisition ((f)(4) Contract Award), if the Contracting Officer determines that the number of proposals that would otherwise be in the competitive range exceeds the number at which an efficient competition can be conducted, the Contracting Officer may limit the number of proposals in the competitive range to the greatest number that will permit an efficient competition among the most highly rated proposals.
Indefinite Delivery/Indefinite Quantity/task order type contracts are contemplated being awarded under this solicitation. Pursuant to FAR part 16.505(b), the Contracting Officer will provide each awardee a fair opportunity to be considered for each task order exceeding $2,500 issued under this award.
There are no incumbent contractors.
B.1 TIME AND MATERIALS/LABOR HOUR CONTRACT
This contract shall be considered to be a Time and Materials/Labor Hour Indefinite Quantity solicitation. Offerors must submit proposed direct loaded labor hourly rates as outlined below. Separate rates must be submitted for each individuals proposed under each labor category. Offers should include in their proposals a copy of their unburdened hourly labor rates for schedule contracts with the General Services Administration. Other direct costs shall be reimbursed separately.
B.2 SCHEDULE OF DIRECT LABOR HOUR COSTS
LABOR CATEGORY Loaded Hourly Rate Base Year Option Option Option
Year 1 Year 2 Year 3
Partner
Manager
Senior Associate
Junior Associate
Individual rates should be submitted for the base year, and each option year. Actual rates proposed for each task order shall not exceed those negotiated in the base and each option year. Prior approval must be received by the Contracting Officer to exceed the negotiated rates. Salary escalations shall not exceed 4.1% per year. (See J.9 for example of price submission.)
B.3 MINIMUM-MAXIMUM REQUIREMENT
The Government guarantees a minimum of five task orders or $2,500 per year; whichever is less.
Please Note: Offerors should include in their proposals a copy of their unburdened hourly labor rates for contracts with the General Services Administration (See Attachment J.9).
Closing time and date are May 31, 2002, at 2:00 p.m. eastern standard time.
Requests for Clarification and offerors interested in networking and/or being placed on a bidders list for the above referenced RFP, please provide the Name and Address of Organization; Telephone Number; and Point of Contact. This information is to be submitted electronically to Harry B. Ladson Jr. at hladson@doleta.gov, by 2:00 p.m., May 3, 2002. Only electronic submission of requests will be accepted. Should any RFC be received after the date stated above, the Government reserves the right not to provide an answer. If, however, the Government determines that the RFC raises an issue of significant importance, the government will respond electronically.
The Government will not provide any information concerning requests for clarifications in response to telephone calls from offerors. All requests will be answered electronically and will be available to all offerors at www.fedbizopps.gov and http://www.doleta.gov/sga/rfp.cfm.
Please be advised that it is the sole responsibility of the offeror to continually view the websites for any amendments to this solicitation.
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SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK
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C.1 OBJECTIVE
To provide the personnel, material, equipment, and services in order to assist the Employment and Training Administration (ETA), Office of Financial and Administrative Services (OFAS) with (1) general Federal budgetary, accounting, and financial and program reporting tasks and (2) audit and review services, as directed by the Contracting Officer's Technical Representative (COTR).
C.2 INTRODUCTION AND BACKGROUND
The ETA, an agency of the U.S. Department of Labor (DOL), administers approximately $11 billion in program (July 1 to June 30) and fiscal year (October 1 to September 30) appropriation accounts including, Training and Employment Services; Community Service Employment for Older Americans; State Unemployment Insurance and Employment Service Operations; Federal Unemployment Benefits and Allowances; and Program Administration. These appropriations are components of a partnership of Federal, state and local governments and other entities that operate and oversee programs designed to assist current and future American workers reach their skills and earnings potential, and aids America's employers with access to skilled workers.
The ETA, OFAS is responsible for budget formulation and execution, accounting, managing, financial and program results reporting, and administrative functions for all ETA appropriations. Principal activities within each of these areas include: preparation and submission of ETA, DOL, Office of Management and Budget, Presidential, and Congressional budget documents; briefing, appropriation, and testimony materials; preparation of apportionments, allotments, agency allocations; general Federal accounting services, such as the obligation of funds, payment of vendor invoices, and recording of cost information from ETA grantees; preparation and review of all information to meet external financial reporting requirements, including, financial statement requirements under the Chief Financial Officer's Act of 1990, as amended, SF-224, Statement of Transactions (SF-224) for all ETA Agency Location Codes (ALC), SF-133, Report on Budget Execution (SF-133), FMS Form 2108, Year End Closing Statement (FMS 2108), Federal Agencies Centralized Trial Balance System (FACTS), Capitalized Asset Tracking and Reporting System (CATARS) and all other ETA capitalized asset reporting requirements, and SF-220-9, Report on Receivables Due from the Public (SF-220-9); and reporting requirements under the Government Performance and Results Act of 1993, as amended (GPRA).
To administer, manage, account for, and report on ETA's appropriations, programs and activities, the ETA, OFAS deploys the: DOL's Department of Labor Accounting and Related System (DOLAR$); two of its subsystems, the Accounts Receivable Subsystem and CATARS; The U.S. Department of Health and Human Services (HHS), Payment Management System (PMS); Enterprise Information Management System (EIMS); and several personal computer based software programs that generate budgetary, accounting, and financial reporting information, such as V, a combination file viewer and directory browser; Monarch, a data access tool to view, print, analyze, and extract data from existing DOLAR$ reports; Hyperion Reporting for Essbase, a three dimensional graphical report builder; and BRIO, a three dimensional graphical report builder.
C.3 MAJOR TASKS TO BE PERFORMED
The contractor(s) shall provide management and technical personnel with the necessary experience and skills to (1) perform day-to-day Federal budgetary, accounting, and financial and program results in support of the ETA, OFAS and (2) conduct and report on audit, attestation, review, or compilation services conducted in accordance with Government Auditing Standards (GAS) and Generally Accepted Auditing Standards (GAAS), Standards for Attestation Engagements (SAE), or Standards on Accounting and Review Services (SARS), as applicable. Generally, the major tasks to be performed under this contract may include assistance with the following services:
1. Assistance in budget formulation, funds management, control, and analysis of apportionments, allotments, agency allocations, budget execution, and availability, commitment, obligation, expenditure and disbursement of agency funds.
2. Standard General Ledger, disbursement, and receipt management, including maintenance, updating, analysis, reconciliation, and transaction adjustment.
3. Interim and program and fiscal year-end support, financial analysis, reconciliation, and reporting related to principally ETA's CFO Act financial statement preparation; SF-224; SF-6652, Statement of Differences; disbursement and receipt activity between the DOLAR$ and HHS, PMS; SF-133; FMS 2108; FACTS; CATARS; SF-220-9; ETA grantee cost reporting via the EIMS; and reporting requirements under the GPRA.
4. Document, evaluate, and make recommendations for improvement to existing policies, procedures, automated systems, and internal controls deployed by the ETA, OFAS to record, manage, account for, and report on ETA financial activities, principally the commitment, obligation, disbursement, and receipt of agency funds, reporting and recording of ETA cost information, analysis and reconciliation of Funds with Treasury between the DOLAR$, HHS, PMS, and U.S. Department of the Treasury systems, debt management activities, and property, plant, and equipment.
5. At the direction of the COTR, perform other budgetary, accounting, and financial and program reporting functions, duties, and responsibilities as may be necessary in relation to and in support of the ETA, OFAS.
6. At the direction of the COTR and pursuant to specific task orders issued under this contract, perform and report on audit, attestation, review, or compilation services conducted in accordance with GAS and GAAS, SAE, or SARS, as applicable. These services will include primarily grant and contract pre-award and Federal Managers' Financial Integrity Act of 1982 engagements.
C.4 DETAILED TASK REQUIREMENTS (DESCRIPTION OF WORK)
This is an indefinite quantity contract upon which tasks orders will be placed by written orders from the Contracting Officer. Pursuant to FAR part 16.505(b), the Contracting Officer will provide each awardee a fair opportunity to be considered for each task order exceeding $2,500 issued under this award. The Contracting Officer has broad discretion in developing appropriate task order placement procedures. The Contracting Officer is not required to contact each awardee under this award before selecting a task order awardee if the Contracting Officer has information available to ensure that each awardee is provided a fair opportunity to be considered for each task order. The Contracting Officer will:
1. Develop placement procedures that will provide each awardee a fair
opportunity to be considered for each task order and that reflect
the requirement and other aspects of the contracting environment;
2. Not use any method (such as allocation or designation of preferred
awardee) that would not result in fair consideration being given to
all awardees prior to placing each task order;
3. Tailor the procedures to each acquisition;
4. Include all procedures in the solicitation and the contract; and
5. Consider price or cost under each order as one of the factors in
the selection decision.
The offeror is hereby notified:
1. The offeror shall submit to the Contracting Officer a proposed budget
for the task within five (5) days of placement of the order.
2. The proposed budget shall be developed using actual loaded hourly rates
for personnel within each labor category.
3. Price shall be negotiated for each individual order and shall result
either in a fixed price or a cost reimbursement type task order.
4. The agreed upon task order price shall not be exceeded without prior
written approval from the Contracting Officer.
5. Until a task order is executed by the Contracting Officer, work
shall not begin.
6. No task order under this contract may have a total price greater than
$500,000. The aggregate price of this contract for all tasks in one
year shall not exceed $2,000,000.
C.5 ORDERS UNDER MULTIPLE AWARD CONTRACTS
The following are examples of evaluation factors that will be used in
determining which awardee represents the best overall value to the
Government:
Evaluation Factors
1. Technical Approach
2. Understanding
3. Past Performance
4. Price/Cost
Please be advised that the Government reserves the right to change its
evaluation factors.
The Government will use one of the following source selection processes:
1. Tradeoff Process: When it is in the best interest of the government to
consider award to other than the lowest priced offeror or other than the
highest technically rated offeror.
2. Lowest Price Technically Acceptable: When best value is expected to result
from selection of the technically acceptable proposal with the lowest evaluated
price. Tradeoffs will not be permitted.
3. Sole Source: When only one awardee is capable of providing the supplies
or services required at the level of quality required. Also in the interest
of economy and efficiency as a logical follow-on to an order already issued
under the contract, provided that all awardees were given a fair opportunity
to be considered for the original order.
In order to complete individual task orders, the above factors are examples
of the evaluation factors to be used in determining which of the two awardees
represent the best overall value to the government. They are not to be
confused with the Evaluation Factors listed in Section M.3 which determines the
offerors to be selected for award.
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SECTION D - PACKAGING AND MARKING
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[FOR THIS SOLICITATION, THERE ARE NO CLAUSES IN THIS SECTION]
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SECTION E - INSPECTION AND ACCEPTANCE
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E.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE
The following contract clauses pertinent to this section are hereby incorporated by reference (by Citation Number, Title, and Date) in accordance with the clause at FAR "52-252-2 CLAUSES INFORPORATED BY REFERENCE" in Section I of this contract. See FAR 52-252-2 for an internet address (is specified) for electronic access to the full text of a clause.
FAR
NUMBER TITLE DATE
52.246-6 INSPECTION-TIME-AND-MATERIAL AND MAY 2001
LABOR-HOUR
ALTERNATE I (APR 1984)
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SECTION F - DELIVERIES OR PERFORMANCE
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F.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE
The following contract clauses pertinent to this section are hereby incorporated by reference (by Citation Number, Title, and Date) in accordance with the clause at FAR "52-252-2 CLAUSES INFORPORATED BY REFERENCE" in Section I of this contract. See FAR 52-252-2 for an internet address (is specified) for electronic access to the full text of a clause.
FAR
NUMBER TITLE DATE
52-242-15 STOP-WORK ORDER AUG 1989
ALTERNATE I (APR 1984)
F.2 PERIOD OF PERFORMANCE
The period of performance shall be twelve (12) months from the date of contract execution, plus three 1-year options to extend at the discretion of the government.
F.3 MINIMUM/MAXIMUM REQUIREMENT
The Government guarantees a minimum of five (5) task orders or $2,500; whichever is less for each year of the contract.
F.4 REPORTS/DELIVERABLES
The contractor shall submit the following reports, at the time and in the number of copies specified, to the Project Officer designated for the contract. If requested by the Project Officer, oral briefings may will be held on the task and/of final; reports on each task order. Many of the task under this contract are open-ended and process oriented. They may involve the provision of support and technical assistance for the improvement of employment and training programs through the country. However, the contractor will need to demonstrate progress in performance of each of the tasks required in the individual task orders, as follows:
1. All contractor developed material, including but not limited to, reports, analyses, schedules, spreadsheets, documentation, reference material, management plans, technical studies, technology assessments, computer graphics, presentations, and similar products, and any other documentation prepared on behalf of the ETA.
2. Periodic progress reports on activities conducted/completed. Due: As required/directed, but no less than quarterly.
3. Provide technical support to activities currently underway in ETA. Due: As required/directed.
4. Perform tasks set forth in the additional task order. Due: As required by ETA.
5. Provide progress reports to the project officer on all on-going work, including the identification of problems and corrective action plans, and other reports as the project officer shall request. Due: As required/directed, but no less than quarterly.
The above dates are negotiable and may change during the course of the contract period.
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SECTION G - CONTRACT ADMINISTRATION DATA
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G.1 IDENTITY AND AUTHORITY OF THE CONTRACTING OFFICER'S
REPRESENTATIVE (GOVERNMENT AUTHORIZED REPRESENTATIVE)
(A) The authorized representative of the Contracting Officer is To Be Determined whose authority to act on behalf of the Contracting Officer is limited to the extent set forth in (B) below. Under no circumstances is the Government Authorized Representative (GAR) authorized to sign any contractual documents or approve any alteration to the contract involving a change in the scope, price, terms or conditions of the contract or order.
(B) The Government Authorized Representative is authorized to:
(1) Monitor and inspect Contractor's performance to ensure compliance of the scope of work.
(2) Make determinations relative to satisfactory or unsatisfactory performance, including acceptance of all work performed and/or all products produced under the terms of the contract.
(3) Review and approve invoices.
(4) Review and approve Contractor's project staff as may be called for on the contract.
(5) Recommend program changes to the Contracting Officer as a result of monitoring or as may be requested by the Contractor.
(6) Review, coordinate changes or corrections, if any, and accept all reports (including any final reports) required under the contract.
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G.2 INVOICE REQUIREMENTS
Contractor will prepare and submit proper invoices (as defined in C below) in accordance with the criteria outlined below. (Also, see Clause 52.232-8 "Discount for Prompt Payment", contained in Section I of the contract.):
A. (1) If the contract is a cost-reimbursement type contract, the contractor will submit three (3) ink- signed copies of the invoice, Cost Contractor's Invoice, (ETA 3100-1), together with a detailed report of expenditures, Cost Contractor's Detailed Statement of Costs (ETA 3-2), to the Government Authorized Representative (GAR), U.S. Department of Labor, not more frequently than monthly, unless otherwise so authorized in the contract.
(2) If the contract is a fixed-price type contract, the contractor may submit SF-1034, Public Voucher, or the equivalent thereto; i.e., contractor's own invoice, in lieu of the forms described in A(l) above.
(3) Invoices should be submitted to the individual listed below:
TBD
U.S. Department of Labor, ETA
200 Constitution Avenue, NW, Room N-4702
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.
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G.3 METHOD OF PAYMENT
A. Payments under this contract will be made either by check or electronic funds transfer (through the Treasury Fedline Communications System (FEDLINE) or the Automated Clearing House (ACH)), at the option of the Government. After award, but no later than 14 days before an invoice or contract financing request is submitted, the Contractor shall designate a financial institution for receipt of electronic funds transfer payments. The contractor shall submit this designation to the Contracting Officer or other Government official as directed.
B. For payments through FEDLINE, the Contractor shall provide the following information:
(1) Name, address, and telegraphic abbreviation of the financial institution receiving payment.
(2) The American Bankers Association 9-digit identifying number of the financing institution receiving payment if the institution has access to the Federal Reserve Communications System.
(3) Payee's account number at the financial institution where funds are to be transferred.
(4) If the financial institution does not have access to the Federal Reserve Communications System, provide the name, address, and telegraphic abbreviation of the correspondent financial institution through which the financial institution receiving payment obtains electronic funds transfer messages. Provide the telegraphic abbreviation and American Bankers Association identifying number for the correspondent institution.
C. For payments through ACH, the Contractor shall provide the following information:
(1) Routing transit number of the financial institution receiving payment (same as American Bankers Association identifying number used for FEDLINE).
(2) Number of account to which funds are to be deposited.
(3) Type of depositor account ("C" for checking, "S" for savings).
(4) If the Contractor is a new enrollee to the ACH system, a "Payment Information Form," SF 3881, must be completed before payment can be processed.
D. In the event the Contractor, during the performance of this contract, elects to designate a different financial institution for the receipt of any payment made using electronic funds transfer procedures, notification of such change and the required information specified above must be received by the appropriate Government official 30 days prior to the date such change is to become effective.
E. The documents furnishing the information required in paragraphs B and C above must be dated and contain the signature, title, and telephone number of the Contractor official authorized to provide it, as well as the Contractor's name and contract number.
F. Contractor failure to properly designate a financial institution or to provide appropriate payee bank account information may delay payments of amounts otherwise properly due.
G. The Contractor shall forward the information required above to:
U.S. Department of Labor, ETA
Division of Accounting, Room N-4702
200 Constitution Avenue, NW
Washington, DC 20210
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SECTION H - SPECIAL CONTRACT REQUIREMENTS
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H.1 BUDGET LINE ITEM FLEXIBILITY
Flexibility of Direct Costs will be allowed within the Prime Contract Budget, provided no single line item of cost shall be increased or decreased in excess of 20 percent and provided further that the total estimated cost of the Contract is not exceeded. This flexibility of cost does not apply to the wages, salaries and fringe benefits line items (including proposed changes by the Contractor in the mixture, number of hours, wages, and/or bonus or personnel paid under the contract) wherein no increase is permitted without the prior review and approval by the Contracting Officer.
In contracts with OPTION TO EXTEND SERVICES provisions, this clause is applicable to each yearly negotiated budget line item amounts, and not the accumulated budget line item totals.
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H.2 FRINGE BENEFITS
Social Security, Workers' Compensation, Unemployment Compensation and any other fringe benefits are a normal practice of the Contractor at the time of final negotiations for this contract and are available to all employees. Fringe benefits from an immediate previous employer which may be continued while employed under this contract are an allowable cost. In no event will duplicate fringe benefits be allowable to an individual under this contract.
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H.3 VACATIONS, SICK-LEAVE HOLIDAYS
The Contractor may grant leave in accordance with its established written policy, provided that policy is accepted by the Contracting Officer or, in the absence of an established policy, leave may be granted as follows:
Vacation: Maximum 2 weeks (10 working days)
Sick Leave: Maximum 2 weeks (10 working days)
Holiday: Maximum of paid holidays
Leave shall be accrued at the rate of 5/6 of 1 day per month for each month employed. If the term of this contract is for more than or less than 1 year, the above leave shall be adjusted accordingly.
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H.4 TRAVEL AND PER DIEM
Travel policies as set forth in the Travel Regulations referred to below are required of the Contractor and consultants hereunder. Where the Contractor has a more restrictive travel policy than the Federal Travel Regulations, the more restrictive requirements shall apply.
It is the responsibility of the Contractor to authorize only such per diem allowances as justified by the circumstances affecting the travel. Care should be exercised to prevent fixing per diem rates in excess of those required to meet the necessary authorized subsistence expenses. To this end, consideration should be given to factors which reduce the expenses of the employee such as: known arrangements at temporary duty locations where lodging and meals may be obtained without cost or at prices advantageous to the traveler; established cost experience in the localities where lodging and meals are required; situations where special rates for accommodations have been made available for a particular meeting or conference; the extent to which the traveler is familiar with establishments providing lodging and meals at a lower cost in certain localities, particularly, where repeated travel is involved; and the use of methods of travel where sleeping accommodations are provided as part of the transportation expenses.
All travel shall be at tourist, coach, or less than first class unless itinerary or unavailability dictate otherwise. All temporary duty and local area automobile travel shall be allowed as prescribed by the applicable Travel Regulations.
Copies of applicable Travel Regulations can be obtained as follows at a fee:
a. Federal Travel Regulations, prescribed by the General Services Administration, for travel in the conterminous 48 United States: Available on a subscription basis from the Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402, Stock No. 022-001-81003-7.
b. Joint Travel Regulations, Volume 2, DoD Civilian Personnel, Appendix A, prescribed by the Department of Defense, for travel in Alaska, Hawaii, the Commonwealth of Puerto Rico, and territories and possessions of the United States: Available on a subscription basis from the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402, Stock No. 908-010-00000-1.
c. Standardized Regulations, (Government Civilians, Foreign Areas), Section 925, "Maximum Travel Per Diem Allowances for Foreign Areas," prescribed by the Department of State, for travel in areas not covered in 1 and 2 above: Available on a subscription basis from the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402, Stock No. 744-008-00000-0.
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H.5 USE OF AND PAYMENT TO CONSULTANTS
(a) Consultant(s) hired to perform under this contract may be compensated at a rate for time actually worked (e.g., amount per day, per week, per month, etc.), or at a fixed price for performance of a specific task, or at nominal compensation in accordance with Contractor's policies. However, for the use and payment to consultant(s) prior written approval must be obtained from the Contracting Officer.
(b) The amount or rate of payment will be determined on a case-by- case basis, taking into account (among any other relevant factors) the relative importance of the duties to be performed, the stature of the individual in his specialized field, comparable pay for positions under the Classification Act or other Federal pay systems, rates paid by private employers and rates previously paid other experts or consultants for similar work.
(c) The contractor shall maintain a written report for the files on the results on all consultations charged to the contract. This report must include, as a minimum: (1) the consultant's name, dates, hours and amounts charged to the contract; (2) the names of the contractor's staff to whom the services are provided; and (3) the results of the subject matter of the consultation.
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H.6 UNEMPLOYMENT INSURANCE COST
Unemployment insurance costs shall be paid by the contractor as they are incurred.
However, in the event billings for Unemployment Insurance costs are received by the contractor after the expiration date of this contract and the billings cover the period that this contract was effective, the Government agrees to reimburse the contractor at the same rate that would have been applicable had the cost been paid as they were incurred.
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H.7 ACCOUNTING AND AUDITING SERVICES
(a) Accounting
The contractor may procure and utilize such accounting services as are required to establish and maintain an accounting system which reflect accurate, current and complete financial transactions and which meet the standards of the Comptroller General of the United States and the Department of Labor.
(b) Auditing
The contractor shall audit or have audited subcontractor financial records as may be required to determine, at a minimum, the fiscal integrity of financial transactions and compliance with laws, regulations and administrative requirements.
The U.S. Department of Labor shall be responsible for scheduling all audits of the prime contractor's books, documents, papers and records. The Department will use its own audit resources or shall use certified or public accountants under contract or auditors from another Federal agency.
Cost of Accounting Services and Audit of subcontractors as described herein are allowable cost under this contract. Costs for audits for which the U.S. Department of Labor is responsible are unallowable.
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H.8 PRINTING
Unless otherwise specified in this contract, the contractor shall not engage in, nor subcontract for, any printing (as that term is defined in Title 1 of the Government Printing and Binding Regulations in effect on the effective date of this contract) in connection with the performance of work under this contract: provided, however, that performance of a requirement under this contract involving the reproduction of less than 5,000 production units of any one page or less than 25,000 production units in the aggregate of multiple pages, will not be deemed to be printing. A production unit is defined as one sheet, size 8 by 11 inches, one side only, one color.
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H.9 KEY PERSONNEL
The personnel specified below or in attachment to this contract are considered to be essential to the work being performed hereunder. Prior to diverting any of the specified individuals to other programs, the Contractor shall notify the Contracting Officer reasonably in advance and shall submit justification (including proposed substitutions) in sufficient detail to permit evaluation of the impact on the program. No diversion shall be made by the Contractor without the written consent of the Contracting Officer; Provided, that the Contracting Officer may ratify in writing such diversion and such ratification shall constitute the consent of the Contracting Officer required by this clause. The ETA, OFAS expects that Key Personnel proposed in all labor categories will be assigned to work under the contract during the performance period. Therefore, only Key Personnel who will be available to work under the contract should be included in the proposal. 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:
- Partner
- Manager
- Senior Associate
- Junior Associate
-
-
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H.10 CONTRACT NUMBER IDENTIFICATION
The Contractor agrees to utilize the number of this contract on all correspondence, communications, reports, vouchers and such other data concerning this contract or delivered hereunder.
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H.11 SUBMISSION OF CORRESPONDENCE
All correspondence relating to contractual aspects shall be directed to the Division of Contract Services: Attention: Contracting Officer.
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H.12 OTHER CONTRACTORS
The Government may undertake or award other contracts for the same, essentially similar, or related work, and the Contractor shall fully cooperate with such other contractors and Government employees. The Contractor shall not commit or permit any act which will interfere with the performance of work by any other contractor or by Government employees.
The foregoing paragraph shall be included in the contracts of all Contractors with whom this Contractor will be required to cooperate. The Government shall equitably enforce this clause as to all contractors, to prevent the imposition of unreasonable burdens on any contractor.
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H.13 LAWS APPLICABLE
The contractor will perform its duties in accordance with the applicable Act, and the regulations, procedures and standards promulgated thereunder. The Contractor will comply with all applicable Federal and State and Local laws, rules, and regulations which deal with or relate to the employment of persons who perform work or are trained under contract.
This contract in no way relieves the Contractor of responsibility for compliance with the provisions of the Fair Labor Standards Act, as amended.
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H.14 DISPOSITION OF MATERIAL
Upon termination or completion of all work under this contract, the Contractor shall prepare for shipment, deliver F0B destination, or dispose of all materials received from the Government and all residual materials produced in connection with the performance of this contract as may be directed by Contracting Officer, or as specified in other provisions of this contract. All materials produced or required to be delivered under this contract become and remain the property of the Government.
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H.15 NONDISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITIES
(a) No person shall on the ground of race, religion, color, handicap, national origin, sex, age, political affiliation, or beliefs be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded or otherwise financially assisted, in whole or in part with funds made available hereunder. (b) In addition, this contract and any subcontract hereunder is subjected to Title VI of the Civil Rights Act of 1964 (78 Stat. 252) and the Regulations issued thereunder and found at 29 CFR 31. The Contractor agrees that any service, financial aid, or other benefit to be provided by it under this contract shall be furnished without discrimination because of race, color, sex, or national origin; and that his employment practices shall be subject to the same restrictions to ensure nondiscriminatory treatment of beneficiaries of assistance under the Act.
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H.16 FEDERAL REPORTS
In the event that it subsequently becomes a contractual requirement to collect or record information calling for answers to identical questions from 10 or more persons other than Federal employees, or for information from Federal employees which is to be used for statistical compilations of general public interest, the Paperwork Reduction Act of 1980 and 5 CRF 1320 shall apply to this contract. No plan, questionnaire, interview guide or similar device for collecting formation (whether repetitive or single-time) may be used without first obtaining clearance from the Office of Management and Budget (OMB).
The contractor shall obtain the required OMB clearance through the Project Officer before expending any funds or making public contracts for the collection of data. The authority to expend funds and to proceed with the collection of data shall be issued in writing by the Contracting Officer.
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H.17 DISCLOSURE OF CONFIDENTIAL INFORMATION
The Contractor agrees to maintain the confidentiality of any information regarding applicants, project participants or their immediate families which may be obtained through application forms, interviews, test reports from public agencies or counselors, or any other source. Without the permission of the applicant or participant, such information shall be divulged only as necessary for purposes related to the performance or evaluation of the contract and to persons having responsibilities under the contract, including those furnishing services to the projects under subcontracts.
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H.18 ELIMINATION OF SEXIST LANGUAGE AND ART WORK
All written materials issued by the Contractor or grantee shall conform to the following guidelines for eliminating sexist language and art work:
(a) Avoid the use of sex reference in job titles. Titles should conform to the Census Bureau's occupational classification system and the most recently published edition of the Dictionary of Occupational Titles.
-- Longshore workers instead of longshoremen.
(b) Avoid the use of male and female gender word forms.
-- Aviator to include men and women pilots, not aviatrix.
(c) Include both sexes by using terms that refer to people as a whole.
-- Human beings or people instead of mankind.
(d) Avoid the use of masculine and feminine pronouns or adjectives in referring to a hypothetical person or people in general. Change sentences such as: The average American worker spends 2 years of his life in the workforce.
-- By rewording to eliminate unnecessary gender pronouns and adjectives. (The average American worker spends 20 years in the workforce.)
-- By recasting into the plural. (Most Americans spend 20 years of their lives in the workforce.)
-- By replacing the masculine or feminine pronoun or adjective with "one", "you", "he or she", "her or him", or his or her". (An average American spends 20 years of his or her life in the workforce.)
(e) Refer to both men and women in such generic terms as economist, doctor, or lawyer. Identify sex through the use of pronouns.
-- The lawyer made her final summation.
(f) Avoid the use of stereotyped terms or expressions such as "man-sized" job.
-- Employee-years and employee-hours (or staff-hours) instead of man-years and man-hours.
(g) The use of art work in publications should conform to the following guidelines:
(i) Strive to use racially and sexually balanced designs.
(ii) Depict both men and women in art work on general subject matters.
(iii) Show men and women in a variety of roles in photographs, illustrations, and drawings.
-- Show women and men as managers and skilled laborers.
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H.19 HAZARDOUS OCCUPATION ORDERS
The Contractor shall comply with the Hazardous Occupation Orders issued pursuant to the Fair Labor Standards Act and set forth at 20 CFR 570.50 et seq. with respect to the employment of youths under 18 years of age and the Child Labor Standards of 29 CFR 570.31 et seq. with respect to the employment of youths aged 14 and 15.
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H.20 INSURANCE REQUIREMENTS (FAR-SUBPART 28.3)
In accordance with the Federal Acquisition Regulation, 48 CFR, Clause 52.228-7 entitled, "Insurance-Liability to Third Persons" the following kinds and amounts of insurance must be procured and maintained in force during the lifetime of the above numbered contract.
A. Workers' Compensation - In the amounts required by State law or the United States Longshoremen's and Harbor Workers' Compensation Act (33 U.S.C. 901).
B. Occupational Diseases Insurance - As required by applicable law. In any area where all occupational diseases are not compensable under applicable law, insurance for occupational diseases shall be secured under the employer liability section of your insurance policy, minimum per accident $100,000.
C. Employer Liability - This insurance is to cover any liability imposed upon an employer, by law, for damages on account of personal injuries, including death resulting therefrom, sustained by his employees by reason of accident.
D. General Liability Insurance (Bodily Injury) - This insurance protects the insured against claims arising from bodily injury or death to third parties occurring on it business premises or through its operations except those arising from motor vehicles away from the premises, those covered by any Workers' Compensation law, and other exclusions stated in the policy. The required coverage for bodily injury shall be $200,000 per person and $500,000 per occurrence.
E. Automobile Liability - The required coverage is $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage.
F. The policies evidencing such insurance as required under this contract shall contain the following endorsement:
"No cancellation, termination, or modification of this policy shall take effect prior to the expiration of 35 days after written notice of the cancellation, termination or modification together with suitable identification of the policy and name insured has been sent by registered letter to the Government representative at the address stated below:
Name of Contracting Officer: Keith A. Bond
Address: USDOL/ETA/DASET/OGCM/DCS
200 Constitution Ave., N.W.
Room C-4310
Washington, D.C. 20210
The types and minimum limits reflected above for vehicle insurance shall apply to any vehicle operated or used in connection with performance of official business under this contract. In the event a privately-owned vehicle is used, the Government's share of insurance premiums, including any additional coverage required to conform with the above limits, shall be prorated in accordance with the vehicle's actual use while conducting business under the terms of this contract.
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H.21 DATA COLLECTION FOR THE DEPARTMENT OF LABOR
The Contractor shall be responsible for informing any grantee that they have been requested to collect information for the Department of Labor. The collection of such data shall be the responsibility of the Contractor solely. The Contractor may request assistance from ETA grantees in locating the data. However, the actual data gathering must be done by the Contractor.
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H.22 PERFORMANCE STANDARDS
The composition, workmanship, printing or reproduction and substantive content of all reports, evaluations, charts, tables, graphs, and other data to be furnished under this contract shall strictly conform to the generally accepted quality standards of the Contractor's profession and shall be suitable for dissemination and use without revision, to DOL, other Government agencies and the general public.
Reports shall include a complete disclosure of all data relevant to the work performed, the techniques developed, the investigations made, and shall be relevant to the materials studies and methods and processes employed.
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H.23 RESTRICTION ON USE OF DOL FUNDS FOR LOBBYING
In accordance with the cost principles incorporated in the Federal Acquisition Regulations (FAR) at 31.205-22, lobbying costs (direct or indirect) are unallowable under this agreement. The exclusion of lobbying costs using Department of Labor funds is not intended to penalize, discourage, or prevent lobbying activities by utilizing non-Federal funds.
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H.24 PUBLICATION OF MATERIALS
The Contractor shall receive permission from the Contracting Officer prior to publishing any works performed under this contract. Further, the Contractor shall acknowledge the support of the Department of Labor whenever publicizing any work performed under this contract. To implement the foregoing, the Contractor shall include in any publication resulting from work performed under this contract, an acknowledgement substantially the same as follows:
"This project has been funded, either wholly or in part, with Federal funds from the Department of Labor, Employment and Training Administration under Contract Number the contents of this publication do not necessarily reflect the views or policies of the Department of Labor, nor does mention of trade names, commercial products, or organizations imply endorsement of same by the U.S. Government."
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H.25 OPTION TO EXTEND THE TERMS OF THE CONTRACT - SERVICE
(FAR 17.208(G))
1. The Government may extend the terms of this contract by written notice to the Contractor at least 60 calendar days before the contract expires. This notice does not commit the Government to an extension.
2. If the Government exercises this option, the extended contract shall be considered to include this option provision.
3. The initial period of this contract may be extended by one year, at estimated costs and indirect costs as follows:
Option
Year Estimated Cost Indirect Cost Total Estimated Cost
1 $.00 $.00 $.00
2 $.00 $.00 $.00
3 $.00 $.00 $.00
4 $.00 $.00 $.00
The total duration of this contract, including the exercise of any options under this clause, shall not exceed 4 years.
4. Estimated costs, including any indirect costs, for the options years shall be determined at the time of contract execution. Any anticipated deviations from total preestimated option year costs must be presented to the Contracting Officer in writing, with an explanation and justification of the anticipated deviation(s), 10 calendar days after receipt of notice by the contractor of the Government 's intention to exercise the option to extend the term of the contract. No deviations from the total pre-established option years estimated costs shall be permitted without the written consent of the Contracting Officer. Deviations which would increase the total pre-established option year estimated costs by more than 10 percent shall not be permitted under any circumstances.
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H.26 INDIRECT COSTS
In order to avoid major audit problems, disallowed costs, and to receive timely reimbursement of indirect costs, contractors should take those necessary steps to comply with this clause as well as the critical timeframes for submission of indirect cost proposals.
You are governed by one of the categories of cost principles listed below. Please comply with your cost principles as appropriate to your organization. (1) Federal Acquisition Regulation (FAR) Subparts 31 and 42 apply to private-for-profit contractors. (2) OMB Circular A-87 applies to state and local governments and Federally-recognized Indian Tribes. States receiving JTPA formula-allocated funds can elect to waive A-87 coverage. (3) OMB Circulars A-21, A-88 and FAR 42.705-3 apply to educational institutions. (4) OMB Circular A-122 applies to nonprofit institutions excluding those addressed in the preceding as well as hospitals.
The total amount of contract funds will not be increased to reimburse organizations for higher indirect cost rates than those rates identified in this clause. Also, the contractor must obtain approval from the Contracting Officer to transfer funds from other budget line items to the indirect cost budget line items to accommodate higher indirect cost rates.
The foregoing does not relieve the contractor of any other administrative cost limitations regarding the contract.
Billing rates are only temporary for the 90 days period from the effective date of your contract. Failure to submit an acceptable indirect cost proposal to your cognizant agency for provisional rates within the aforementioned 90-day period means that you shall not receive any further reimbursement of your indirect billing rates until the provisional rate proposal is received. Also, action may be taken to recoup all indirect costs already paid to you.
A private-for-profit contractor is to submit an acceptable indirect cost proposal for final rates to its cognizant agency within 90 days after the end of its fiscal year. All other contractors must submit their final rate proposals within 6 months after the end of their fiscal year.
Block 1 or 2 is completed below as appropriate for affected new contracts or modifications.
BLOCK 1
Rate category: (check one) Your rates and bases are:
Billing Overhead
Provisional Base:
Final (And, if applicable)
See Attached Agreement General and Admin.
Other (Explain) Base:
Effective from to or if multi-year, please explain here:
BLOCK 2
(For special indirect cost ceilings)
Special percent ceiling is % for (usually overhead) and if applicable, % for General and Administrative. Base:
OR
Special dollar ceiling is $ for (usually overhead) and if applicable, $ for General and Administrative.
Base:
Effective from to or if multi-year, please explain here:
If applicable for ceilings, please describe here any situation whereby the bases in Block 2 above differ from the bases in Block 1 above. Also, the maximum reimbursement for indirect costs under this contract will be based on the lower of the negotiated rates or ceilings.
If the Department of Labor (DOL) is your cognizant agency, proposals for indirect cost rates and supporting data and documentation should be sent to the Office of Cost Determination (OCD) Negotiator in the appropriate DOL Regional Office or if applicable, to the OCD National Office whose address and phone number is listed below. In addition, if you do not know your cognizant Federal agency, please call the phone number listed below:
Director, Office of Cost Determination (OCD)
U.S. Department of Labor, OASAM
200 Constitution Avenue, N.W., Room S-1310
Washington, D.C. 20210
Tel. (202) 693-4102
(End of Clause)
H.27 SPECIAL CONTRACT REQUIREMENTS
1. All offerors including all offerors in each proposal , i.e., Joint Ventures or Prime and Sub-contractor relationships must be Certified Public Accounting firms in good standing with the American Institute of Certified Public Accountants and the state(s) in which they are licensed to practice public accounting. Each proposal should include a copy of each firm's most recent peer review report. Failure to provide this information shall result in the offeror's proposal being determined unacceptable and therefore eliminated from the competition.
3. Offerors under contract currently with the DOL, Office of Inspector General (OIG) may submit a proposal in response to this Request For Proposal (RFP). However, any offeror under contract currently with the DOL, OIG who is awarded a contract under this RFP shall agree not to perform any services for the DOL, OIG related or pertaining to the DOL during the performance period of this contract award.
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PART II - CONTRACT CLAUSES
SECTION I - CONTRACT CLAUSES
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I.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE
The following contract clauses pertinent to this section are hereby incorporated by reference (by Citation Number, Title, and Date) in accordance with the clause at FAR "52.252-2 CLAUSES INCORPORATED BY REFERENCE" in Section I of this contract. See FAR 52.252-2 for an internet address (if specified) for electronic access to the full text of a clause.
NUMBER TITLE DATE
52.202-1 DEFINITIONS DEC 2001
52.203-3 GRATUITIES APR 1984
52.203-5 COVENANT AGAINST CONTINGENT FEES APR 1984
52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO JUL 1995
THE GOVERNMENT
52.203-7 ANTI-KICKBACK PROCEDURES JUL 1995
52.203-8 CANCELLATION, RESCISSION, AND RECOVERY JAN 1997
OF FUNDS FOR ILLEGAL OR IMPROPER
ACTIVITY
52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR JAN 1997
IMPROPER ACTIVITY
52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE JUN 1997
CERTAIN FEDERAL TRANSACTIONS
52.204-4 PRINTED OR COPIED DOUBLE-SIDED AUG 2000
ON RECYCLED PAPER
52.209-6 PROTECTING THE GOVERNMENT'S INTEREST JUL 1995
WHEN SUBCONTRACTING WITH CONTRACTORS
DEBARRED, SUSPENDED, OR PROPOSED FOR
DEBARMENT
52.211-5 MATERIAL REQUIREMENTS AUG 2000
52.215-2 AUDIT AND RECORDS--NEGOTIATION JUN 1999
52.215-8 ORDER OF PRECEDENCE--UNIFORM CONTRACT OCT 1997
FORMAT
52.215-14 INTEGRITY OF UNIT PRICES OCT 1997
52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE JUL 1996
52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS OCT 2000
52.219-14 LIMITATIONS ON SUBCONTRACTING DEC 1996
52.222-1 NOTICE TO THE GOVERNMENT OF LABOR FEB 1997
DISPUTES
52.222-19 CHILD LABOR - COOPERATION WITH DEC 2001
AUTHORITIES AND REMEDIES
52.222-20 WALSH-HEALEY PUBLIC CONTRACTS ACT DEC 1996
52.222-21 PROHIBITION OF SEGREGATED FACILITIES FEB 1999
52.222-26 EQUAL OPPORTUNITY FEB 1999
52.222-35 EQUAL OPPORTUNITY FOR SPECIAL DISABLED DEC 2001
VETERANS, OF THE VIETNAM ERA, AND OTHER
ELIGIBLE VETERANS
52.222-36 AFFIRMATIVE ACTION FOR WORKERS WITH JUN 1998
DISABILITIES
52.222-37 EMPLOYMENT REPORTS ON SPECIAL DISABLED DEC 2001
VETERANS, VETERANS OF THE VIETNAM ERA,
AND OTHER ELIGIBLE VETERANS
52.222-38 COMPLIANCE WITH VETERANS' EMPLOYMENT DEC 2001
REPORTING REQUIREMENTS
52.223-6 DRUG-FREE WORKPLACE MAY 2001
52.225-13 RESTRICTIONS ON CERTAIN FOREIGN JUL 2000
PURCHASES
52.227-1 AUTHORIZATION AND CONSENT JUL 1995
52.227-2 NOTICE AND ASSISTANCE REGARDING PATENT AUG 1996
AND COPYRIGHT INFRINGEMENT
52.227-14 RIGHTS IN DATA--GENERAL JUN 1987
52.232-7 PAYMENTS UNDER TIME-AND-MATERIALS AND FEB 2002
LABOR-HOUR CONTRACTS
52.232-17 INTEREST JUN 1996
52.232-23 ASSIGNMENT OF CLAIMS JAN 1986
52.232-33 PAYMENT BY ELECTRONIC FUNDS--CENTRAL MAY 1999
CONTRACTOR REGISTRATION
52.233-1 DISPUTES DEC 1998
ALTERNATE I (DEC 1991)
52.233-3 PROTEST AFTER AWARD AUG 1996
52.242-1 NOTICE OF INTENT TO DISALLOW COSTS APR 1984
52.242-3 PENALTIES FOR UNALLOWABLE COSTS MAY 2001
52.242-4 CERTIFICATION OF FINAL INDIRECT COSTS JAN 1997
52.242-13 BANKRUPTCY JUL 1995
52.243-3 CHANGES--TIME-AND-MATERIALS OR SEP 2000
LABOR-HOURS
52.244-6 SUBCONTRACTS FOR COMMERCIAL ITEMS DEC 2001
52.246-23 LIMITATION OF LIABILITY FEB 1997
52.246-25 LIMITATION OF LIABILITY--SERVICES FEB 1997
52.249-6 TERMINATION (COST-REIMBURSEMENT) SEP 1996
ALTERNATE IV (SEP 1996)
52.249-14 EXCUSABLE DELAYS APR 1984
52.253-1 COMPUTER GENERATED FORMS JAN 1991
I.2 52.216-18 ORDERING (OCT 1995)
(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from the effective date of the contract through the end of the effective period.
(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.
(c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.
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I.3 52.216-19 ORDER LIMITATIONS (OCT 1995)
(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than , the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.
(b) Maximum order. The Contractor is not obligated to honor--
(1) Any order for a single item in excess of ($750,000);
(2) Any order for a combination of items in excess of ($2,000,000);
(3) A series of orders from the same ordering office within 1 day that together call for quantities exceeding the limitation in subparagraph (b)(1) or (2) above.
(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) above.
(d) Notwithstanding paragraphs (b) and (c) above, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 5 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.
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I.4 52.216-22 INDEFINITE QUANTITY (OCT 1995)
(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.
(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum."
(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.
(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after .
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I.5 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)
The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 60 days.
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I.6 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT
(MAR 2000)
(a) The Government may extend the term of this contract by written notice to the Contractor within 60 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the Government to an extension.
(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.
(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 4.
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I.7 52.232-25 PROMPT PAYMENT (FEB 2002)
Notwithstanding any other payment clause in this contract, the Government will make invoice payments under the terms and conditions specified in this clause. The Government considers payment as being made on the day a check is dated or the date of an electronic funds transfer (EFT). Definitions of pertinent terms are set forth in sections 2.101, 32.001, and 32.902 of the Federal Acquisition Regulation. All days referred to in this clause are calendar days, unless otherwise specified. (However, see paragraph (a)(4) of this clause concerning payments due on Saturdays, Sundays, and legal holidays.)
(a) Invoice payments--
(1) Due date. (i) Except as indicated in paragraphs (a)(2) and (c) of this clause, the due date for making invoice payments by the designated payment office is the later of the following two events:
(A) The 30th day after the designated billing office receives a proper invoice from the Contractor (except as provided in paragraph (a)(1)(ii) of this clause).
(B) The 30th day after Government acceptance of supplies delivered or services performed. For a final invoice, when the payment amount is subject to contract settlement actions, acceptance is deemed to occur on the effective date of the contract settlement.
(ii) If the designated billing office fails to annotate the invoice with the actual date of receipt at the time of receipt, the invoice payment due date is the 30th day after the date of the Contractor's invoice, provided the designated billing office receives a proper invoice and there is no disagreement over quantity, quality, or Contractor compliance with contract requirements.
(iii) If the contract does not require submission of an invoice for payment (e.g., periodic lease payments), the due date will be as specified in the contract.
(2) Contractor's invoice. The Contractor shall prepare and submit invoices to the designated billing office specified in the contract. A proper invoice must include the items listed in paragraphs (a)(3)(i) through (a)(3)(x) of this clause. If the invoice does not comply with these requirements, the designated billing office will return it within 7 days after receipt (3 days for meat, meat food products, or fish; 5 days for perishable agricultural commodities, dairy products, edible fats or oils, and food products prepared from edible fats or oils), with the reasons why it is not a proper invoice. The Government will take into account untimely notification when computing any interest penalty owed the Contractor.
(i) Name and address of the Contractor. (ii) Invoice date and invoice number. (The Contractor should date invoices as close as possible to the date of the mailing or transmission.)
(iii) Contract number or other authorization for supplies delivered or services performed (including order number and contract line item number).
(iv) Description, quantity, unit of measure, unit price, and extended price of supplies delivered or services performed.
(v) Shipping and payment terms (e.g., shipment number and date of shipment, discount for prompt payment terms). Bill of lading number and weight of shipment will be shown for shipments on Government bills of lading.
(vi) Name and address of Contractor official to whom payment is to be sent (must be the same as that in the contract or in a proper notice of assignment).
(vii) Name (where practicable), title, phone number, and mailing address of person to notify in the event of a defective invoice.
(viii) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.
(ix) Electronic funds transfer (EFT) banking information. (A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.
(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision (e.g., 52.232- 38, Submission of Electronic Funds Transfer Information with Offer), contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer--Central Contractor Registration, or 52.232-34, Payment by Electronic Funds Transfer--Other Than Central Contractor Registration), or applicable agency procedures.
(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.
(x) Any other information or documentation required by the contract (e.g., evidence of shipment).
(4) Interest penalty. The designated payment office will pay an interest penalty automatically, without request from the Contractor, if payment is not made by the due date and the conditions listed in paragraphs (a)(4)(i) through (a)(4)(iii) of this clause are met, if applicable. However, when the due date falls on a Saturday, Sunday, or legal holiday, the designated payment office may make payment on the following working day without incurring a late payment interest penalty.
(i) The designated billing office received a proper invoice. (ii) The Government processed a receiving report or other Government documentation authorizing payment, and there was no disagreement over quantity, quality, or Contractor compliance with any contract term or condition.
(iii) In the case of a final invoice for any balance of funds due the Contractor for supplies delivered or services performed, the amount was not subject to further contract settlement actions between the Government and the Contractor.
(5) Computing penalty amount. The Government will compute the interest penalty in accordance with the Office of Management and Budget prompt payment regulations at 5 CFR part 1315.
(i) For the sole purpose of computing an interest penalty that might be due the Contractor, Government acceptance is deemed to occur constructively on the 7th day (unless otherwise specified in this contract) after the Contractor delivers the supplies or performs the services in accordance with the terms and conditions of the contract, unless there is a disagreement over quantity, quality, or Contractor compliance with a contract provision. If actual acceptance occurs within the constructive acceptance period, the Government will base the determination of an interest penalty on the actual date of acceptance. The constructive acceptance requirement does not, however, compel Government officials to accept supplies or services, perform contract administration functions, or make payment prior to fulfilling their responsibilities.
(ii) The prompt payment regulations at 5 CFR 1315.10(c) do not require the Government to pay interest penalties if payment delays are due to disagreement between the Government and the Contractor over the payment amount or other issues involving contract compliance, or on amounts temporarily withheld or retained in accordance with the terms of the contract. The Government and the Contractor shall resolve claims involving disputes and any interest that may be payable in accordance with the clause at FAR 52.233-1, Disputes.
(6) Discounts for prompt payment. The designated payment office will pay an interest penalty automatically, without request from the Contractor, if the Government takes a discount for prompt payment improperly. The Government will calculate the interest penalty in accordance with the prompt payment regulations at 5 CFR part 1315.
(7) Additional interest penalty. (i) The designated payment office will pay a penalty amount, calculated in accordance with the prompt payment regulations at 5 CFR part 1315 in addition to the interest penalty amount only if--
(A) The Government owes an interest penalty of $1 or more; (B) The designated payment office does not pay the interest penalty within 10 days after the date the invoice amount is paid; and
(C) The Contractor makes a written demand to the designated payment office for additional penalty payment, in accordance with paragraph (a)(7)(ii) of this clause, postmarked not later than 40 days after the invoice amount is paid.
(ii)(A) The Contractor shall support written demands for additional penalty payments with the following data. The Government will not request any additional data. The Contractor shall-- (1) Specifically assert that late payment interest is due under a specific invoice, and request payment of all overdue late payment interest penalty and such additional penalty as may be required;
(2) Attach a copy of the invoice on which the unpaid late payment interest is due; and
(3) State that payment of the principal has been received, including the date of receipt.
(B) If there is no postmark or the postmark is illegible-- (1) The designated payment office that receives the demand will annotate it with the date of receipt, provided the demand is received on or before the 40th day after payment was made; or
(2) If the designated payment office fails to make the required annotation, the Government will determine the demand's validity based on the date the Contractor has placed on the demand, provided such date is no later than the 40th day after payment was made.
(iii) The additional penalty does not apply to payments regulated by other Government regulations (e.g., payments under utility contracts subject to tariffs and regulation).
(b) Contract financing payment. If this contract provides for contract financing, the Government will make contract financing payments in accordance with the applicable contract financing clause.
(c) Fast payment procedure due dates. If this contract contains the clause at 52.213-1, Fast Payment Procedure, payments will be made within 15 days after the date of receipt of the invoice.
(d) Overpayments. If the Contractor becomes aware of a duplicate payment or that the Government has otherwise overpaid on an invoice payment, the Contractor shall immediately notify the Contracting Officer and request instructions for disposition of the overpayment.
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I.8 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):
www.doleta.gov
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PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS
SECTION J - LIST OF ATTACHMENTS
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ATTACHMENT NO.
NUMBER TITLE DATE PAGES
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J.1 CONTRACT PRICING PROPOSAL COVER SHEET, STANDARD FORM
1411 (1 page)
J.2 STATEMENT OF FINANCIAL CAPABILITY, ETA 8554 (2 PAGES)
J.3 COST CONTRACTOR'S INVOICE, ETA 3100-1 (1 PAGE)
J.4 COST CONTRACTOR'S DETAILED STATEMENT OF COST, ETA 3-2
(1 page)
J.5 PAST PERFORMANCE EVALUATION QUESTIONNAIRE (2 PAGES)
J.6 PAST PERFORMANCE REFERENCE INFORMATION SHEET (2 PAGES)
J.7 ORAL PRESENTATION EVALUATION QUESTIONAIRE (2 PAGES)
J.8 LOADED HOURLY LABOR RATE CHART (1 PAGE)
J.9 VETS-100 - FEDERAL CONTRACTOR VETERANS EMPLOYMENT
Report, OMB 1293-0005 (2 pages)
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PART IV - REPRESENTATIONS AND INSTRUCTIONS
SECTION K - REPRESENTATIONS, CERTIFICATIONS AND
OTHER STATEMENTS OF OFFERORS
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K.1 NOTICE LISTING SOLICITATION PROVISIONS INCORPORATED
BY REFERENCE
The following solicitation provisions pertinent to this section are hereby incorporated by reference (by Citation Number, Title, and Date) in accordance with the FAR provision at FAR "52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE" in Section L of this solicitation. See FAR 52.252-1 for an internet address (if specified) for electronic access to the full text of a provision.
NUMBER TITLE DATE
52.203-11 CERTIFICATION AND DISCLOSURE REGARDING APR 1991
PAYMENTS TO INFLUENCE CERTAIN FEDERAL
TRANSACTIONS
K.2 52.204-3 TAXPAYER IDENTIFICATION (OCT 1998)
(a) Definitions.
Common parent, as used in this provision, means that corporate entity that owns or controls an affiliated group of corporations that files its Federal income tax returns on a consolidated basis, and of which the offeror is a member.
Taxpayer Identification Number (TIN), as used in this provision, means the number required by the Internal Revenue Service (IRS) to be used by the offeror in reporting income tax and other returns. The TIN may be either a Social Security Number or an Employer Identification Number.
(b) All offerors must submit the information required in paragraphs (d) through (f) of this provision to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by the IRS. If the resulting contract is subject to the payment reporting requirements described in Federal Acquisition Regulation (FAR) 4.904, the failure or refusal by the offeror to furnish the information may result in a 31 percent reduction of payments otherwise due under the contract.
(c) The TIN may be used by the Government to collect and report on any delinquent amounts arising out of the offeror's relationship with the Government (31 U.S.C. 7701(c)(3)). If the resulting contract is subject to the payment reporting requirements described in FAR 4.904, the TIN provided hereunder may be matched with IRS records to verify the accuracy of the offeror's TIN.
(d) Taxpayer Identification Number (TIN).
[ ] TIN:. ____________________________
[ ] TIN has been applied for.
[ ] TIN is not required because:
[ ] Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying agent in the United States;
[ ] Offeror is an agency or instrumentality of a foreign government;
[ ] Offeror is an agency or instrumentality of the Federal Government.
(e) Type of organization.
[ ] Sole proprietorship;
[ ] Partnership;
[ ] Corporate entity (not tax-exempt);
[ ] Corporate entity (tax-exempt);
[ ] Government entity (Federal, State, or local);
[ ] Foreign government;
[ ] International organization per 26 CFR 1.6049-4;
[ ] Other ___________________________________________
(f) Common parent.
[ ] Offeror is not owned or controlled by a common parent as defined in paragraph (a) of this provision.
[ ] Name and TIN of common parent:
Name ____________________________________________________
TIN ____________________________________________________
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K.3 52.209-5 CERTIFICATION REGARDING DEBARMENT, SUSPENSION,
PROPOSED DEBARMENT, AND OTHER RESPONSIBILITY MATTERS
(DEC 2001)
(a)(1) The Offeror certifies, to the best of its knowledge and belief, that -
(i) The Offeror and/or any of its Principals -
(A) Are [ ] are not [ ] presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;
(B) Have [ ] have not [ ], within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, state, or local) contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion or receiving stolen property; and
(C) Are [ ] are not [ ] presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in subdivision (a)(1)(i)(B) of this provision.
(ii) The Offeror has [ ] has not [ ], within a 3-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.
(2) "Principals," for the purposes of this certification, means officers; directors; owners; partners; and, persons having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a subsidiary, division, or business segment, and similar positions).
THIS CERTIFICATION CONCERNS A MATTER WITHIN THE JURISDICTION OF AN AGENCY OF THE UNITED STATES AND THE MAKING OF A FALSE, FICTITIOUS, OR FRAUDULENT CERTIFICATION MAY RENDER THE MAKER SUBJECT TO PROSECUTION UNDER SECTION 1001, TITLE 18, UNITED STATES CODE.
(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.
(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.
(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.
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K.4 52.215-6 PLACE OF PERFORMANCE (OCT 1997)
(a) The offeror or respondent, in the performance of any contract resulting from this solicitation, [ ] intends, [ ] does not intend [check applicable block] to use one or more plants or facilities located at a different address from the address of the offeror or respondent as indicated in this proposal or response to request for information.
(b) If the offeror or respondent checks "intends" in paragraph (a) of this provision, it shall insert in the following spaces the required information:
------------------------------------------------------------------------
Place of performance (street | Name and address of owner and
(street address, city, state, | operator of the plant or facility
county, code) | if other than offeror or respondent
------------------------------------------------------------------------
___________________________________|__________________________________
___________________________________|__________________________________
___________________________________|__________________________________
___________________________________|__________________________________
___________________________________|__________________________________
___________________________________|__________________________________
___________________________________|__________________________________
___________________________________|__________________________________
___________________________________|__________________________________
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K.5 52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS
(MAY 2001)
(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is-- 541611.
(2) The small business size standard is 5 million.
(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.
(b) Representations. (1) The offeror represents as part of its offer that it [ ] is, [ ] is not a small business concern.
(2) (Complete only if the offeror represented itself as a small business concern in paragraph (b)(1) of this provision.) The offeror represents, for general statistical purposes, that it [ ] is, [ ] is not, a small disadvantaged business concern as defined in 13 CFR 124.1002.
(3) (Complete only if the offeror represented itself as a small business concern in paragraph (b)(1) of this provision.) The offeror represents as part of its offer that it [ ] is, [ ] is not a women-owned small business concern.
(4) [Complete only if the offeror represented itself as a small business concern in paragraph (b)(1) of this provision.] The offeror represents as part of its offer that it [ ] is, [ ] is not a veteran-owned small business concern.
(5) [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (b)(4) of this provision.] The offeror represents as part of its offer that it [ ] is, [ ] is not a service-disabled veteran-owned small business concern.
(c) Definitions. As used in this provision--
Service-disabled veteran-owned small business concern--
(1) Means a small business concern-- (i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and
(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.
(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).
Small business concern, as used in this provision, means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and the size standard in paragraph (a) of this provision.
Veteran-owned small business concern means a small business concern--
(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and
(2) The management and daily business operations of which are controlled by one or more veterans.
Women-owned small business concern, as used in this provision, means a small business concern--
(1) That is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and
(2) Whose management and daily business operations are controlled by one or more women.
(d) Notice. (1) If this solicitation is for supplies and has been set aside, in whole or in part, for small business concerns, then the clause in this solicitation providing notice of the set-aside contains restrictions on the source of the end items to be furnished.
(2) Under 15 U.S.C. 645(d), any person who misrepresents a firm's status as a small, HUBZone small, small disadvantaged, or women- owned small business concern in order to obtain a contract to be awarded under the preference programs established pursuant to section 8(a), 8(d), 9, or 15 of the Small Business Act or any other provision of Federal law that specifically references section 8(d) for a definition of program eligibility, shall--
(i) Be punished by imposition of fine, imprisonment, or both;
(ii) Be subject to administrative remedies, including suspension and debarment; and
(iii) Be ineligible for participation in programs conducted under the authority of the Act.
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K.6 52.222-18 CERTIFICATION REGARDING KNOWLEDGE OF CHILD
LABOR FOR LISTED END PRODUCTS (FEB 2001)
(a) Definition.
Forced or indentured child labor means all work or service--
(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or
(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.
(b) Listed end products. The following end product(s) being acquired under this solicitation is (are) included in the List of Products Requiring Contractor Certification as to Forced or Indentured Child Labor, identified by their country of origin. There is a reasonable basis to believe that listed endproducts from the listed countries of origin may have been mined, produced, or manufactured by forced or indentured child labor.
Listed End Product
Listed Countries of Origin
(c) Certification. The Government will not make award to an offeror unless the offeror, by checking the appropriate block, certifies to either paragraph (c)(1) or paragraph (c)(2) of this provision.
[ ] (1) The offeror will not supply any end product listed in paragraph (b) of this provision that was mined, produced, or manufactured in a corresponding country as listed for that end product.
[ ] (2) The offeror may supply an end product listed in paragraph (b) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. The offeror certifies that it has made a good faith effort to determine whether forced or indentured child labor was used to mine, produce, or manufacture such end product. On the basis of those efforts, the offeror certifies that it is not aware of any such use of child labor.
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K.7 52.222-22 PREVIOUS CONTRACTS AND COMPLIANCE REPORTS
(FEB 1999)
The offeror represents that--
(a) It [ ] has, [ ] has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; the clause originally contained in Section 310 of Executive Order No. 10925, or the clause contained in Section 201 of Executive Order No. 11114;
(b) It [ ] has, [ ] has not filed all required compliance reports; and
(c) Representations indicating submission of required compliance reports, signed by proposed subcontractors, will be obtained before subcontract awards.
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K.8 52.222-25 AFFIRMATIVE ACTION COMPLIANCE (APR 1984)
The offeror represents that--
(a) It [ ] has developed and has on file, [ ] has not developed and does not have on file, at each establishment, affirmative action programs required by the rules and regulations of the Secretary of Labor (41 CFR 60-1 and 60-2), or (b) It [ ] has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.
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K.9 52.227-15 STATEMENT OF LIMITED RIGHTS DATA AND
RESTRICTED COMPUTER SOFTWARE (MAY 1999)
(a) This solicitation sets forth the work to be performed if a contract award results, and the Government's known delivery requirements for data (as defined in FAR 27.401). Any resulting contract may also provide the Government the option to order additional data under the Additional Data Requirements clause at 52.227-16 of the FAR, if included in the contract. Any data delivered under the resulting contract will be subject to the Rights in Data--General clause at 52.227-14 that is to be included in this contract. Under the latter clause, a Contractor may withhold from delivery data that qualify as limited rights data or restricted computer software, and deliver form, fit, and function data in lieu thereof. The latter clause also may be used with its Alternates II and/or III to obtain delivery of limited rights data or restricted computer software, marked with limited rights or restricted rights notices, as appropriate. In addition, use of Alternate V with this latter clause provides the Government the right to inspect such data at the Contractor's facility.
(b) As an aid in determining the Government's need to include Alternate II or Alternate III in the clause at 52.227-14, Rights in Data--General, the offeror shall complete paragraph (c) of this provision to either state that none of the data qualify as limited rights data or restricted computer software, or identify, to the extent feasible, which of the data qualifies as limited rights data or restricted computer software. Any identification of limited rights data or restricted computer software in the offeror's response is not determinative of the status of such data should a contract be awarded to the offeror.
(c) The offeror has reviewed the requirements for the delivery of data or software and states [offeror check appropriate block]--
[ ] None of the data proposed for fulfilling such requirements qualifies as limited rights data or restricted computer software.
[ ] Data proposed for fulfilling such requirements qualify as limited rights data or restricted computer software and are identified as follows:
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
Note: "Limited rights data" and "Restricted computer software" are defined in the contract clause entitled "Rights in Data--General."
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K.10 SIGNATURE BLOCK
I, the undersigned, do hereby attest that all representations and certifications made in this Section K are true.
Also, I, the undersigned, am aware of the penalties prescribed in 18 U.S. Code 1001 for making false statements in offers; and I am legally authorized to bind the company or organization represented.
__________________________________________ _____________
(Signature) (Date)
__________________________________________
(Typed or Printed Name)
__________________________________________
(Title)
__________________________________________
(Solicitation Number)
__________________________________________
(Name of Company/Organization Represented)
__________________________________________
(Address, including Zip Code)
_______________________________________
(Telephone Number, including Area Code)
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SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS
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L.1 NOTICE LISTING SOLICITATION PROVISIONS INCORPORATED
BY REFERENCE
The following solicitation provisions pertinent to this section are hereby incorporated by reference (by Citation Number, Title, and Date) in accordance with the FAR provision at FAR "52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE" in Section L of this solicitation. See FAR 52.252-1 for an internet address (if specified) for electronic access to the full text of a provision.
NUMBER TITLE DATE
52.215-1 INSTRUCTIONS TO OFFERORS--COMPETITIVE MAY 2001
ACQUISITION
L.2 52.216-27 SINGLE OR MULTIPLE AWARDS (OCT 1995)
The Government may elect to award a single delivery order contract or task order contract or to award multiple delivery order contracts or task order contracts for the same or similar supplies or services to two or more sources under this solicitation.
52.222-24 PREAWARD ON-SITE EQUAL OPPORTUNITY FEB 1999
COMPLIANCE EVALUATION
L.3 52.216-1 TYPE OF CONTRACT (APR 1984)
The Government contemplates award of a (Time and Materials, Indefinite Quantity) contract resulting from this solicitation.
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L.4 52.233-2 SERVICE OF PROTEST (AUG 1996)
(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the General Accounting Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from:
KEITH A. BOND
Hand-Carried Address:
U.S. Department of Labor, ETA/OGCM
Division of Contract Services
200 Constitution Avenue, NW
Room C-4310
Washington DC 20210
Mailing Address:
U.S. Department of Labor, ETA/OGCM
Division of Contract Services
200 Constitution Avenue, NW
Room C-4310
Washington DC 20210
(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.
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L.5 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY
REFERENCE (FEB 1998)
This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):
www.doleta.gov
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L.6 PAST PERFORMANCE
Offerors shall submit the following information as part of their proposal for the proposed "key personnel" 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 concerning "key personnel" 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's "key personnel" 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"s "key personnel" will be evaluated on his/her performance under existing and prior contracts for similar products or services. Performance information will be used for both responsibility determinations and as an evaluation factor against which offerors' relative rankings will be compared to assure best value to the Government. The Government will focus on information that demonstrates quality of performance relative to the size and complexity of the procurement under consideration. The contractor's reference questionnaire form identified in Section J.8 will be used to collect this information. References other than those identified by the offeror may be contacted by the Government with the information received used in the evaluation of the offeror's "key personnel" past performance. The Government also reserves the right to decide not to contact all of the references provided by the offeror. Names of individuals providing reference information about an offeror's past performance shall not be disclosed.
Please Note: Offerors are reminded to ensure that the information provided on Attachment J.6 - Past Performance Reference Information Sheet, are for projects completed or current within the past three years. Also, the period of performance for each project referenced should be at least twelve (12) months or more. Offerors are advised to provide telephone numbers that are current and correct. Failure to provide telephone numbers that are not current and correct, may result in the offeror receiving a neutral score as a past performance rating.
L.7 ORAL PRESENTATION
After the receipt of offers (proposals) by the Government, every eligible offeror must make an oral presentation to the Government's evaluation panel and participate in a question and answer session. The sole purpose of the oral presentation and question and answer session is to test an offeror's understanding of the work that the Government will require under the prospective contract.
The oral presentation and the question and answer session are not part of the offer and are not themselves offers. The oral presentation and the question and answer session will not constitute discussions, as defined by FAR Part 15, and will not obligate the Government to determine a competitive range, conduct discussions, or solicit to entertain revised or final offers.
Statements made by the offeror during the oral presentation or the question and answer session will not become a part of any contract resulting from this RFP, unless the Government and the offeror agree to make it part of an offer during discussions. If the Government decides to conduct discussions the Government will not solicit or entertain revisions to the oral presentations or to the answers given during the question and answer session.
1. Schedule for presentation: Oral presentations will commence approximately three weeks after the receipt of proposals. The Contract Specialist will notify offerors of the scheduled date and time of their presentation within two weeks of the receipt of offerors. The order in which offerors will make presentations will be determined by drawing lots by the Contract Specialist. Once notified of their scheduled presentation date and time, offerors shall complete their presentations on the scheduled date and time. Requests from offerors to reschedule their presentations will be entertained only in emergency situations. The Government reserves the right to reschedule an offeror's oral presentation at the discretion of the Contract Specialist.
2. Form of presentation: Offerors will make their oral presentations in person, at the Department of Labor/ETA, 200 Constitution Ave., NW, Washington, D.C., to the Technical Evaluation Panel, Contract Specialist, and other representatives of the Government. Submission of videotapes or other forms of media containing the presentation for evaluation are not authorized.
3. Time allowed for presentation: Offerors shall receive transparencies one half hour prior to the presentation to caucus and prepare for the actual presentation. Oral presentations, excluding the question and answer session, will be limited to 90 minutes. The Contract Specialist will strictly enforce this time limit. Following the oral presentation there will be a recess of 1 hour. After the recess there will be a one hour question and answer session.
4. Offeror's presentation team: A maximum of five contractor personnel (prime and subcontractor) may participate. These individuals/presenters will attend the oral presentation and the question and answer session and shall answer questions directed to them. The presentation shall be made by one or more of the personnel whom the offeror will employ to manage or supervise contract performance on a full time basis or as designated in Sections C.6 and L.10. The Project Director who will have a 100% time operational responsibility for contract performance shall be present and shall, at a minimum, answer questions directed to him/her during the question and answer session.
Offerors may not use company senior or general managers or consultants to make any part of the oral presentation. In addition to the maximum of five individuals who will participate, the offeror may send two non-participating representatives to observe. Hence a total of seven contractor personnel will be permitted to attend (only five may participate) the presentation. No other officers, employees, consultants, agents, or other representatives of the offeror may attend.
5. Content of presentation: The presentation shall not encompass price or cost and fee. During the 90 minute oral presentation, the offeror's presenters must demonstrate the offeror's understanding of the work that will be required under the prospective contract by addressing the following topics, in the following order, in accordance with the following instructions:
(a) Introduction: The offeror should provide some information about itself as a firm, briefly describing its organization, history, products and services. (10 minutes)
(b) Work Breakdown: Present an analysis of the statement of work. Subdivide statement of work tasks [identify selected tasks] into their constituent activities. Briefly describe each activity and its inputs and outputs. Briefly describe interrelationships and interdependencies among the activities. (20 minutes)
(c) Contract Work Schedule: Present a Gantt chart that illustrates the contract work schedule by [week, month, quarter, or year]. Show the starting date and ending date of each activity identified in the work breakdown analysis. Describe the interrelationships and interdependencies among the tasks. (10 minutes)
(d) Contract Resource Allocations: Describe the types of professional, administrative, clerical and other labor that will be required to perform the contract work. Briefly describe each classification of professional and blue collar labor, including position title(s) and grades, journey-person level qualification requirements, typical journey-person level duties and responsibilities. Describe the total number of hours of each of these professional and blue collar labor classifications that will be allocated to each of the activities identified in the work breakdown analysis from start to finish. Also identify the types and hours of administrative and clerical labor that will be required for each activity. (10 minutes)
(e) Performance Risk Analysis: Identify contingent events that could, if they were to occur, endanger satisfactory performance. Focus on critical events that are realistically likely to occur and that would pose serious problems. (Do not try to identify every event that could cause some minor difficulty.) Briefly describe the nature of each such event, each work activity with which it is associated, the estimated likelihood of its occurrence, its likely effect on performance if it were to occur, its likely causes, and plans to prevent its occurrence and to respond in the event that it does occur. (20 minutes)
(f) Responsibility Assignments: Identify the components of the offeror's organization that will have primary support responsibility for the performance of each of the activities identified in the work breakdown analysis. Include affiliates, subsidiaries, and subcontractors. Also, identify the individual managers of each such organization. Briefly describe the qualifications of each such organizational component and person, including education and training and especially their experience doing such work. (10 minutes)
(g) Conclusion: The offeror should summarize the main points of its presentation and state why the Government should select the offeror for contract award. (10 minutes)
An offeror may address any other topic, as well, within the 90 minute limit. The Contract Specialist will strictly enforce the 90 minute time limit.
6. Clarification of oral presentation points: After completion of the oral presentation, the Government may request clarification of any points addressed which are unclear and may ask for elaboration by the offeror on any point which was not supported. Any such interchange between the offeror and the Government will be for clarification only, and will not constitute discussions within the meaning of FAR Part 15. The time required for clarification will not be counted against the offeror's presentation time limit.
7. Government Personnel:
Contract Specialist and/or Contracting Officer.
Federal Staff to assist in the administration of the presentations.
The Technical Evaluation Panel consisting of (3) individuals with expertise in employment and training programs administered by the Department of Labor/ETA.
8. Documentation: The Government will provide blank flip chart paper for the offeror to use during the presentation caucus time period. An overhead slide projector will be provided by the Government for offeror use during the presentation. At the close of the presentation, the offeror shall provide the Technical Evaluation with a listing of the names, firms, and position titles of all presenters, along with all flip charts and/or overhead slides used during the presentation. The Government will not accept for evaluation any additional documentation which may or may not have been referenced during the presentation.
Each offeror shall use black and white overhead transparencies (slides) to document key points of its presentation. The Government will provide one overhead projector, one flip-chart pad, and marker pens for the offeror's use during the oral presentation. The offeror may not use or submit any other media documents. "The offeror shall submit its set of overhead transparencies and five (5) paper copies to the Government in a sealed package with its offer" (see L.7). Failure to submit the overhead transparencies and paper copies by the date established for receipt of offers will cause the offer to be rejected as non-responsive.
Thirty (30) minutes before the presentation, the Contract Specialist will give the transparencies to the offeror for its use during the presentation. The overhead transparencies must be 8.5 by 11 inches. The legibility and clarity of the transparencies is the responsibility of the offeror. The transparencies submitted will be considered the offeror's technical proposal. If there is a discrepancy between any of the transparencies and what is verbally stated during the presentation, the information that appears on the transparency will take precedence over what the presenters say.
There is no limit to the number of overhead transparencies that an offeror may use during its presentation. However, when evaluating the offeror's presentation, the Government will consider only the information on the transparencies that were actually projected during the presentation. The production and use of an excessive number of slides may be detrimental to an offeror's interests. The presentations will be audio taped by the Government. Offerors should mark slides in accordance with FAR 52.215-1 (e), Restrictions on Disclosure and Use of Data, as appropriate.
L.8 SUBMISSION OF PROPOSAL
(A) - General Instructions:
Each offeror must submit an offer (proposal) and other written information and make an oral presentation in strict accordance with these instructions. When evaluating an offeror, the Government will consider how well the offeror complied with the letter and spirit of these instructions. The Government will consider any failure on the part of an offeror to comply with both the letter and spirit of these instructions to be an indication of the type of conduct it can expect during contract performance. Therefore, the Government encourages offerors to contact the Contracting Officer by telephone, facsimile transmission, e-mail, or mail in order to request an explanation of any part of these instructions.
Your proposal must be submitted in three (3) separate and distinct parts as outlined below, consisting of the number of stated copies and accompanied by the required supportive materials to insure that the proposal will be considered responsible to the Request for Proposals.
Part 1 - Original and two (2) signed copies of completed Standard Form 33, Solicitation, Offer and Award, Original and two (2) signed copies of Section K, the Representations, Certifications and other Statements of Offerors, and all attachments thereto except those items required in Part 2 and 3 will be submitted as outlined in their respective parts.
Legible copies are acceptable. (All copies shall be ink-signed.)
Part 2 - (1) A set of overhead transparencies and five (5) paper copies in a sealed package. These transparencies shall form the basis of the offeror's Oral Presentation. PLEASE NOTE: The sealed package containing the transparencies will not be opened until the scheduled date for an offeror's presentation, in the presence of the Contract Specialist and a representative of the offeror. Both the transparencies and the Oral Presentation will be used to evaluate the offeror's capability to perform the contract (See section M.3(B));
(2) Offerors shall submit an original and three copies of resumes of all "professional personnel" (See Section M.3(A));
(3) Offerors shall submit an original and three copies of relevant past performance information (See Section L.6 and M.3(C)); and
The Technical Proposal shall not make reference to cost or price data so that an independent technical evaluation may be made on the basis of technical merit alone. Failure to comply with this requirement will result in a determination of nonresponsiveness. Proposals specifying less than one hundred twenty (120) days Government Acceptance may be considered not acceptable. Any exceptions taken by a proposer to any provisions of this Request for Proposals or any condition placed upon a proposal may result in a finding of not acceptable. Only one proposal may be submitted by each respondent.
Part 3 - A detailed Business Management Proposal as further outlined in the below instructions and consisting of:
(a)Three (3) copies of Attachment J.7 - Contractor's Loaded Labor Rate Chart (b)One (1) copy of Attachment J.3 - Statement of Financial Capability, ETA 8554 (Mar. 1981)(c). One (1) each Accounting System Certification which is a statement certifying that the offeror has an established accounting system with internal controls adequate to safeguard their assets, insure that funds are accounted for by cost categories, check the accuracy and reliability of the accounting data, promote operating efficiency and permit compliance with Government requirements and accounting procedures with respect to Cost Reimbursement types of contracts.
The statement shall be executed by a certified public accountant (CPA), licensed public accountant, a bona-fide accounting or audit organization such as Defense Contract Audit Agency (DCAA) or an entity of equivalent status acceptable to the Government. Failure to include the above stated supportive materials with your proposal will be a basis for determination of not being acceptable.
NOTE: Part 1, 2, and 3 should be sealed in separate envelopes and included in one master package. The RFP number and related Part numbers outlined above, if applicable, must be shown in the upper left hand corner of each of the envelopes as well as the master package.
The Government warns offerors that taking exception to any term or condition of the RFP (including submitting any alternative proposal that requires a relaxation of a requirement), will make an offer unacceptable, and the offeror ineligible for award, unless the RFP expressly authorizes such an exception with regard to that specific term or condition. The Government will consider any exception to a term or condition of the RFP that is not expressly authorized by the RFP to be a deficiency, as defined in FAR Part 15.
An offeror may eliminate a deficiency in its offer only through discussions, as defined and prescribed in FAR Part 15. However, the Government intends to award a contract without discussions, as authorized by FAR Part 15. Therefore, any offeror planning to take exception to a term or condition of the RFP should consult with the Contracting Officer prior to submitting and offer, unless the RFP expressly authorizes such an exception.
Not withstanding its plan to award without discussions, the Government reserves the right to conduct technical and cost discussions with offers in a competitive range, if necessary, and to permit such offerors to revise their proposals. The government also reserves the right to change any terms and conditions of their RFP by amendment at any time prior to contract award and to allow offerors to revise their offers accordingly, as authorized by FAR Part 15.
The offeror shall complete and submit all certifications included in or attached to this Request for Proposal.
The Cost Analysis (Attachment J.2) and Financial Capability Forms (Attachment J.3) support information shall be augmented as follows:
Offerors are required to submit cost proposals fully supported by cost and pricing data adequate to establish the reasonableness of the proposed costs.
1. Most current published annual balance sheet and profit or loss statement.
2. Backup data to support the type of labor and estimated numbers of hours within each category.
3. List the names and addresses of any subcontractor* the offeror intends to use in the performance of a resulting contract. Include the following information about the subcontract(s).
(a) How subcontractor was selected?
(b) Has the subcontractor submitted a cost proposal?
(c) Will he be able to start performance at the start of the contract period?
(d) What is the total cost of (each) subcontract?
(e) What services (skills) will the subcontract provide?
(f) What experience do they have in this technical area?
*Also provide the above information for consultants you intend to use in the performance of a resulting contract.
Consultants: Persons who are members of a particular profession or posses a special skill and who are not officers or employees of the contractor.
L.9 LETTERS OF COMMITMENT - KEY PERSONNEL, (OCT 2000)
1. All proposed key personnel listed in Section M.3.A require written, signed (by employee/contingency hire), and dated letters of commitment. The Offeror shall provide letters of commitment from current employees that state they: (1) will remain employed by the Offeror; and (2) will work full time, or the percentage of time designated in the RFP, for at least 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.
(PLEASE NOTE: Letters of Commitment will be required from ONLY those offerors who make the competitive range.)
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)
(PLEASE NOTE: Confirmation of Proposed Key Personnel will be required from ONLY those offerors who make the competitive range.)
L.11 REQUEST FOR CLARIFICATION (RFC)
All Requests For Clarification (RFC) must be received no later than 5:00 p.m. local time, May 3, 2002.
Only electronic submission of requests will be accepted. They shall be submitted to Mr. 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 that the RFC raises an issue of significant importance, the government will respond electronically.
The Government will not provide any information concerning requests for clarifications in response to telephone calls from offerors. All requests will be answered electronically and will be available to all offerors at the www.doleta.gov and www.fedbizopps.gov.
Please be advised that it is the sole responsibility of the offeror to continually view the website for any amendments to this solicitation.
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SECTION M - EVALUATION FACTORS FOR AWARD
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M.1 NOTICE LISTING SOLICITATION PROVISIONS INCORPORATED
BY REFERENCE
The following solicitation provisions pertinent to this section are hereby incorporated by reference (by Citation Number, Title, and Date) in accordance with the FAR provision at FAR "52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE" in Section L of this solicitation. See FAR 52.252-1 for an internet address (if specified) for electronic access to the full text of a provision.
NUMBER TITLE DATE
52.217-3 EVALUATION EXCLUSIVE OF OPTIONS APR 1984
M.2 BASIS FOR AWARD (BEST VALUE)
The Government intends to evaluate proposals using a two-step methodology. The first step will involve the evaluation of the offeror's INDIVIDUAL STAFF EXPERIENCE AND QUALIFICATIONS, CONTRACTOR'S PAST PERFORMANCE, CONTRACTOR'S CERTIFICATION and PRICE, evaluation factors A,D, and E. Based on these evaluations, a Competive Range (FAR Part 15) consisting of the most highly rated proposals will be established.
The second step will involve evaluation CONTRACTOR'S PAST PERFORMANCE and evaluation of an ORAL PRESENTATION presented by each of the offerors within the Competitive Range. Evaluation of oral presentations will consist of the offeror's CAPABILITY TO PERFORM THE CONTRACT (evalaution factor B listed below). make award without technical discussions with offerors pursuant to FAR Part 15 Contracting By Negotiation. Therefore, each offer should contain the best terms from a cost or price and technical standpoint. Offerors are advised that past performance referrence checks will only be made on offerors who make the competitive range.
A cost realism analysis will be performed on all offerors technically acceptable proposals to determine if the costs proposed are realistic for the work to be performed, reflect a clear understanding of the requirement, and are consistent with the offeror's technical proposal. Contract award will be based on the combined evaluations of Individual Staff Experience and Qualifications, Contractor's Capability To Perform the Contract, Contractor's Past Performance, Contractor's Certification, and Price. The contracts resulting from this solicitation will be awarded to the responsible offerors whose offer, conforming to the solicitation, is determined to provide the "best value" to the Government, which may not necessarily be the proposals offering the lowest cost nor receiving the highest technical score. It should be noted that cost is not a numerically weighted factor. Although non-cost factors are significantly more important than cost, cost is an important factor and should be considered when preparing responsive offers (proposals). The importance of cost as an evaluation factor will increase with the degree of equality of the proposals in relation to the remaining evaluation factors.
When the offerors within the competitive range are considered essentially equal in terms of technical, past performance and other no-cost factors (if any), or when cost is so significantly high as to diminish the value of the technical superiority to the Government, cost may become the determining factor for award. In summary, cost/no-cost trade offs will be made, and the extent to which one may be sacrificed for the other if governed only by the tests of rationality and consistency with the established factors.
Prospective contractors are advised that the selection of contractors for contract award is to be made, after a careful evaluation of the offers (proposals) received, by a panel of specialists chosen by DOL/ETA. Each panelist will evaluate the proposals for technical acceptability using a range of scores assigned to each factor. The factors are presented in the order of emphasis that they will receive (i.e., Factor A has the greatest weight, Factor B the second greatest weight, etc.). The scores will then be averaged to select a contractor for award on the basis of their proposal being the most advantageous to the Government, price and other factors considered.
M.3 EVALUATION CRITERIA AND BASIS FOR AWARD (BEST VALUE)
A. 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 Partner, Manager, Senior Associates and Junior Associates;
2. The proposed project organization;
3. The time commitment of all professional personnel assigned to the project (the number of hours per month that each individual will devote to the project over its life), as well as "Letters of Intent" for each professional personnel;
4. A resume for each professional personnel to be assigned to the project. At a minimum, each resume shall include:
(a) The individual's current employment status and previous work experience, including position title, dates in position, duties performed, and employing organization. Duties shall be clearly defined in terms of the role performed, i.e., management, team leader, consultant. Also, indicate whether each individual is currently employed by the contractor, and (if so) for how long.
(b) A statement of the work that the individual has completed or which is currently underway for work that is relevant to the proposed work on the demonstration project.
(c) The individual's educational background;
(d) The position to which the individual would be assigned for the project and the type of work that they would perform in that capacity. Offerors should include in their proposals the following labor categories:
Labor Category Expected Level of Experience Level of Effort
Partner, Minimum of ten (10) years of Federal government auditing and accounting experience. (See Footnote 1)
Manager, Minimum of six (6) years of Federal government auditing and accounting experience. One-half (1/2) of a full-time equivalent (FTE) (See Footnote 2)
Senior Associate, Minimum of three (3) years of Federal government auditing and accounting experience. (Four (4) FTES)
Junior Associate, Minimum of one (1) year of Federal government auditing and accounting experience. (Two (2) FTES)
Footnotes
1. Partner level effort will be a minimum level of effort primarily to administer the contract award and not to exceed ten (10) hours per month, except for task orders issued under Section C - MAJOR TASKS TO BE PERFORMED, No. 6. Partner level effort for these task orders will be negotiated when the task order is issued.
2. Manager level effort is estimated at one-half (1/2) FTE, except for task orders issued under Section C - MAJOR TASKS TO BE PERFORMED, No. 6. Manager level effort for these task orders will be negotiated when the task order is issued.
PLEASE BE ADVISED THAT OFFERORS SHALL BE EVALUATED UNDER THIS FACTOR BASED ON THE FOLLOWING:
(i) The experience and qualifications of the proposed Partner, Manager, Senior Associates and Junior Associates.
Partner, Minimum of ten (10) years of Federal government auditing and accounting experience. (See Footnote 1)
Manager, Minimum of six (6) years of Federal government auditing and accounting experience. One-half (1/2) of a full-time equivalent (FTE) (See Footnote 2)
Senior Associates, Minimum of three (3) years of Federal government auditing and accounting experience. (Four (4) FTES)
Junior Associates, Minimum of one (1) year of Federal government auditing and accounting experience. (Two (2) FTES)
(ii) Letters of Intent for each professional personnel.
(iii) 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
(iv) 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.
Please Note: It is understood that offerors may not have experience with the DOLAR$ and it's subsystems or the HHS, PMS. However, it is expected that resumes proposed in each labor category will demonstrate clearly each candidates' Federal government budgetary, accounting and auditing experience. Moreover, each resume should identify clearly each candidate's personal computer skills and experience with software programs.
B. CONTRACTOR'S CAPABILITY TO PERFORM THE CONTRACT (25 points)
The Government will evaluate each offeror's capability to perform the contract on the basis of its oral presentation and the responses it gives during the question and answer session that will follow the oral presentation. In making this evaluation, the government will consider an offeror's : (1) knowledge of the content of the work in terms of constituent activities, their inputs and outputs, and their interrelationships and interdependencies; (2) recognition of the appropriate sequence and realistic duration of the work activities; (3) knowledge of the appropriate types of resources required to perform the work activities; (4) familiarity with the difficulties, uncertainties, and risks associated with the work; (5) knowledge of the personnel and subcontractor qualifications necessary to the performance of the work; and (6)discussion of potential problems, such as increasing the utilization, and present strategies for dealing with them.
C. CONTRACTOR'S PAST PERFORMANCE (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, if discussions are held offerors will be provided the opportunity to address unfavorable reports of past performance, if the offeror has not had a previous opportunity to review the rating. Past Performance shall include evaluating Offeror's "key personnel" with no relevant performance history, and shall provide offerors an opportunity to identify past or current contracts (Federal, State, and local government and private) for efforts similar to the Government requirement.
Offerors shall provide information on problems encountered on the identified contracts and the offeror's corrective actions. The Government shall consider this information, as well as information obtained from any other sources, when evaluating the offeror's "key personnel" past performance. The Contracting Officer shall determine the relevance of similar past performance information. Offers shall submit past performance information regarding predecessor companies, professional personnel who have relevant experience, or subcontractors that will perform major or critical aspects of the requirement when such information is relevant to the instant acquisition. Offerors without relevant past performance history or for whom information on past performance is not available, the offeror's "key personnel" may not be evaluated favorably or unfavorably on past performance. In this instance the offeror would receive a neutral score.
D. CONTRACTOR'S CERTIFICATION (15 points)
All offerors including all offerors in each proposal , i.e., Joint Ventures or Prime and Sub-contractor relationships must be Certified Public Accounting firms in good standing with the American Institute of Certified Public Accountants and the state(s) in which they are licensed to practice public accounting. Each proposal should include a copy of each firm's most recent peer review report.
PLEASE BE ADVISED THAT OFFERORS SHALL BE EVALUATED UNDER THIS FACTOR BASED ON THE FOLLOWING:
(1)Certification that offerors are Public Accounting firms in good standing with the American Institute of Certified Public Accountants and the state(s) in which they are licensed to practice public accounting.
(2)Offerors should include a copy of their firm's most recent peer review report.
Responses under this evaluation criteria that do not meet the requirements may be determined technically unacceptable and not considered for award.
E. PRICE
Offerors should include in their proposals the hourly labor rates for the following labor categories and estimated levels of effort:
Labor Category Expected Level of Experience Estimated Level of effort
Partner, Minimum of ten (10) years of Federal government auditing and accounting experience. (See Footnote 1).
Manager, Minimum of six (6) years of One-half (1/2) of Federal government auditing a full-time equivalent (FTE) and accounting experience. (See Footnote 2)
Senior, Minimum of three (3) years of Federal government auditing and accounting experience. (Four (4) FTES)
Junior, Minimum of one (1) year of Federal government auditing and accounting experience. (Two (2) FTES)
Footnotes
1. Partner level effort will be a minimum level of effort primarily to administer the contract award and not to exceed ten (10) hours per month, except for task orders issued under MAJOR TASKS TO BE PERFORMED, No. 6. Partner level effort for these task orders will be negotiated when the task order is issued.
2. Manager level effort is estimated at one-half (1/2) FTE, except for task orders issued under MAJOR TASKS TO BE PERFORMED, No. 6. Manager level effort for these task orders will be negotiated when the task order is issued.
Cost Realism will be performed as part of the proposal evaluation process. The purpose of this evaluation shall be (a) to verify the offeror's understanding of the requirement; (b) to assess the degree to which the cost/price proposal reflects the approaches and/or risk assessments made in the technical proposal as well as the risk that the offeror will provide the services for the offered prices/cost; and (c) assess the degree to which the costs reflected in the cost/price proposal accurately represents the work effort included in the technical offer (proposal).
M.4 DETERMINING BEST OVERALL VALUE
In order to determine which offeror represents the best overall value, the Contracting Officer will make a series of paired comparisons among only those offerors that submitted acceptable offers (proposals). If, in any paired comparison, the offeror with the higher expected value also has the lower price, then the Contracting Officer will consider that offeror to represent the better overall value. If the offeror with the higher expected value has the higher price, then the Contracting Officer will decide whether the difference in expected value is worth the difference in price. If the Contracting Officer decides that it is, then they will consider the offeror with the higher expected value and the higher price to represent the better overall value. If not, then the Contracting Officer will consider the offeror(s) with the lower expected value and the lower price to represent the better value. The Contracting Officer will continue to make paired comparisons in this way until they have identified the best overall value.
Pursuant to FAR Subpart 52.215-1 Instructions to Offerors - Competitive Acquisition, the Contracting Officer reserves the right to award without discussion to the source(s) whose offer is the most advantageous to the Government, price and other factors considered.
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