Table of Contents PART I - THE SCHEDULE SECTION A - SOLICITATION/CONTRACT
FORM SF 33 SOLICITATION, OFFER AND
AWARD
Page 1 of Pages
______________________________________________________________________________
1. This contract is a rated order under DPAS(15 CFR 700) RATING: N/A
______________________________________________________________________________
2. CONTRACT NO. |3. SOLICITATION NO. RFP-DCS 99-45
________________________________________|_____________________________________
4. TYPE OF SOLICITATION [ ] SEALED BID (IFB) [X] NEGOTIATED (RFP)
______________________________________________________________________________
5. DATE ISSUED |6. REQUISITION/PURCHASE REQ. NO.
10/1/1999 | PAR 99-840/omw
_____________________________________|________________________________________
7. ISSUED BY N CODE
U.S. Department of Labor, ETA/OGCM
Division of Acquisition and Assistance
200 Constitution Avenue, NW, Room S-4203
Washington, DC 20210
______________________________________________________________________________
8. ADDRESS OFFER TO (If other than Item 7)
______________________________________________________________________________
NOTE: In sealed bid solicitations, "offer" and "offeror" mean "bid" and "bidder"
______________________________________________________________________________
SOLICITATION
______________________________________________________________________________
9. Sealed offers in original and (See L.11) copies for furnishing the
supplies or services in the Schedule will be received at the place specified
in Item 8, or if handcarried, in the depository located in Room S-4203,
until 2:00 p.m. local time on 11/05/1999________.
CAUTION-LATE Submissions, Modifications, and Withdrawals: See Section L,
Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms
and conditions contained in this solicitation.
______________________________________________________________________________
10. FOR INFORMATION CALL: A. NAME Ollye M. Williams
B. TELEPHONE NO. (Include Area Code)(NO COLLECT CALLS) (202) 219-8698 x163
C. EMAIL ADDRESS Owilliams@doleta.gov
______________________________________________________________________________
11. TABLE OF CONTENTS
PART I - THE SCHEDULE
A SOLICITATION/CONTRACT FORM
B SUPPLIES OR SERVICES AND PRICES/COSTS
C DESCRIPTION/SPECIFICATIONS/WORK STATEMENT
D PACKAGING AND MARKING
E INSPECTION AND ACCEPTANCE See Attached Table of Contents
F DELIVERIES OR PERFORMANCE
G CONTRACT ADMINISTRATION DATA
H SPECIAL CONTRACT REQUIREMENTS
PART II - CONTRACT CLAUSES
I CONTRACT CLAUSES
PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS
J LIST OF ATTACHMENTS
PART IV - REPRESENTATIONS AND INSTRUCTIONS
K REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF
OFFERORS
L INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS
M EVALUATION FACTORS FOR AWARD
______________________________________________________________________________
STANDARD FORM 33 (REV.9-97) Prescribed by GSA FAR(48 CFR) 53.214(c)
SOLICITATION, OFFER AND AWARD
Page 1a of Pages
OFFER (Must be fully completed by offeror)
______________________________________________________________________________
NOTE: Item 12 does not apply if the solicitation includes the provision at
52.214-16, Minimum Bid Acceptance Period.
______________________________________________________________________________
12. In compliance with the above, the undersigned agrees, if this offer is
accepted within 120 calendar days (60 calendar days unless a different period
is inserted by the offeror) from the date for receipt of offers specified
above, to furnish any or all items upon which prices are offered at the price
set opposite each item, delivered at the designated point(s), within the time
specified in the schedule.
______________________________________________________________________________
13. DISCOUNT FOR PROMPT PAYMENT (See Section I, Clause No. 52.232-8)
10 CALENDAR DAYS 20 CALENDAR DAYS 30 CALENDAR DAYS ___ CALENDAR
DAYS
______ % ______ % ______ % ______ %
______________________________________________________________________________
14. ACKNOWLEDGEMENT OF AMENDMENTS (The offeror acknowledges receipt of
amend-
ments to the SOLICITATION for offerors & related documents numbered and dated
AMENDMENT NO. DATE AMENDMENT NO. DATE
------------ --------- ------------ ---------
______________________________________________________________________________
15A. NAME AND ADDRESS OF OFFEROR
Code: Facility Code:
______________________________________________________________________________
15B. TELEPHONE NO. (Include Area Code)
______________________________________________________________________________
15C. CHECK IF REMITTANCE ADDRESS IS DIIFERENT IN SCHEDULE
[ ] DIFFERENT FROM ABOVE - ENTER SUCH
______________________________________________________________________________
16. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or Print )
|
|
________________________________________|_____________________________________
17. SIGNATURE |18. OFFER DATE
|
________________________________________|_____________________________________
STANDARD FORM 33 (REV.9-97) Prescribed by GSA FAR(48 CFR) 53.214(c)
SOLICITATION, OFFER AND AWARD
Page 1b of Pages
______________________________________________________________________________
AWARD (To be completed by Government)
______________________________________________________________________________
19. ACCEPTED AS TO ITEMS NUMBERED
______________________________________________________________________________
20. AMOUNT
______________________________________________________________________________
21. ACCOUNTING AND APPROPRIATION
______________________________________________________________________________
22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:
[ ] 10 U.S.C. 2304(c)( ) [ ] 41 U.S.C. 253(c)( )
______________________________________________________________________________
23. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM:
(4 copies unless otherwise specified)
______________________________________________________________________________
24. ADMINISTERED BY CODE
(If other than Item 7)
______________________________________________________________________________
25. PAYMENT WILL MADE BY CODE
(If other than Item 7)
______________________________________________________________________________
26. NAME OF CONTRACTING |27. UNITED STATES OF AMERICA |28.AWARD
DATE
OFFICER (Type or Print) |(Signature of Contract Officer)|
| |
KEITH A. BOND| |
| |
______________________________|_______________________________|________________
IMPORTANT - Award will be made on this Form or on Standard Form 26,
or by other authorized official written notice.
______________________________________________________________________________
STANDARD FORM 33 (REV.9-97) Prescribed by GSA FAR(48 CFR) 53.214(c)
TABLE OF CONTENTS PAGE
PART I - THE SCHEDULE. . . . . . . . . . . . . . . . . . . . . . . . . . A-1 SECTION A - SOLICITATION/CONTRACT FORM . . . . . . . . . . . . . . . . . A-1 SF 33 SOLICITATION, OFFER AND AWARD. . . . . . . . . . . . . . . . A-1 SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS . . . . . . . . . . . . B-1 SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK . . . . . . . . C-1 C.1 Background . . . . . . . . . . . . . . . . . . . . . . . . . . C-1 C.2 Objectives. . . . . . . . . . . . . . . . . . . . . . . . . . . C-6 C.3 Description of Project. . . . . . . . . . . . . . . . . . . . . C-6 C.4 Post-Separation Volunteer Transitional Support. . . . . . . . . C-7 C.5 Post Center Survey Operation. . . . . . . . . . . . . . . . . . C-11 C.6 Post Center Survey Operation Procedures:. . . . . . . . . . . . C-13 C.7 Post Center Survey Operation Assessment . . . . . . . . . . . . C-13 C.8 Transportation Verification Assistance/Oversight. . . . . . . . C-14 C.9 Administration and Management. . . . . . . . . . . . . . . . . C-16 SECTION D - PACKAGING AND MARKING. . . . . . . . . . . . . . . . . . . . D-1 [For this Solicitation, there are NO clauses in this Section] . . . . D-1 SECTION E - INSPECTION AND ACCEPTANCE. . . . . . . . . . . . . . . . . . E-1 E.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE . . . E-1 52.246-9 INSPECTION OF RESEARCH AND DEVELOPMENT APR 1984. . E-1
(SHORT FORM)
SECTION F - DELIVERIES OR PERFORMANCE. . . . . . . . . . . . . . . . . . F-1 F.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE . . . F-1 52.242-15 STOP-WORK ORDER AUG 1989. . F-1
ALTERNATE I (APR 1984)
F.2 PERIOD OF PERFORMANCE . . . . . . . . . . . . . . . . . . . . . F-1 F.3 LEVEL OF EFFORT . . . . . . . . . . . . . . . . . . . . . . . . F-1 F.4 REPORTS/DELIVERABLES. . . . . . . . . . . . . . . . . . . . . . F-1 SECTION G - CONTRACT ADMINISTRATION DATA . . . . . . . . . . . . . . . . G-1 G.1 IDENTITY AND AUTHORITY OF THE CONTRACTING OFFICER'S REPRESENTATIVE . . . . . . G-1
(GOVERNMENT AUTHORIZED REPRESENTATIVE)
G.2 INVOICE REQUIREMENTS. . . . . . . . . . . . . . . . . . . . . . G-1 G.3 METHOD OF PAYMENT . . . . . . . . . . . . . . . . . . . . . . . G-3 SECTION H - SPECIAL CONTRACT REQUIREMENTS. . . . . . . . . . . . . . . . H-1 H.1 BUDGET LINE ITEM FLEXIBILITY. . . . . . . . . . . . . . . . . . H-1 H.2 FRINGE BENEFITS . . . . . . . . . . . . . . . . . . . . . . . . H-1 H.3 VACATIONS, SICK-LEAVE HOLIDAYS. . . . . . . . . . . . . . . . . H-1 H.4 TRAVEL AND PER DIEM . . . . . . . . . . . . . . . . . . . . . . H-2 H.5 USE OF AND PAYMENT TO CONSULTANTS . . . . . . . . . . . . . . . H-3 H.6 UNEMPLOYMENT INSURANCE COST . . . . . . . . . . . . . . . . . . H-3 H.7 ACCOUNTING AND AUDITING SERVICES. . . . . . . . . . . . . . . . H-3 H.8 PRINTING. . . . . . . . . . . . . . . . . . . . . . . . . . . . H-4 H.9 KEY PERSONNEL . . . . . . . . . . . . . . . . . . . . . . . . . H-4 H.10 CONTRACT NUMBER IDENTIFICATION. . . . . . . . . . . . . . . . . H-5 H.11 SUBMISSION OF CORRESPONDENCE. . . . . . . . . . . . . . . . . . H-5 H.12 OTHER CONTRACTORS . . . . . . . . . . . . . . . . . . . . . . . H-5 H.13 LAWS APPLICABLE . . . . . . . . . . . . . . . . . . . . . . . . H-5 H.14 DISPOSITION OF MATERIAL . . . . . . . . . . . . . . . . . . . . H-5 H.15 NONDISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITIES. . . . . . H-6 H.16 FEDERAL REPORTS . . . . . . . . . . . . . . . . . . . . . . . . H-6 H.17 DISCLOSURE OF CONFIDENTIAL INFORMATION. . . . . . . . . . . . . H-6 H.18 ELIMINATION OF SEXIST LANGUAGE AND ART WORK . . . . . . . . . . H-7 H.19 HAZARDOUS OCCUPATION ORDERS . . . . . . . . . . . . . . . . . . H-8 H.20 INSURANCE REQUIREMENTS (FAR-Subpart 28.3) . . . . . . . . . . . H-8 H.21 DATA COLLECTION FOR THE DEPARTMENT OF LABOR . . . . . . . . . . H-9 H.22 PERFORMANCE STANDARDS . . . . . . . . . . . . . . . . . . . . . H-9 H.23 RESTRICTION ON USE OF DOL FUNDS FOR LOBBYING. . . . . . . . . . H-10 H.24 PUBLICATION OF MATERIALS. . . . . . . . . . . . . . . . . . . . H-10 H.25 OPTION TO EXTEND THE TERMS OF THE CONTRACT - SERVICE . . . . . . H-10
(FAR 17.208(g))
H.26 INDIRECT COSTS . . . . . . . . . . . . . . . . . . . . . . . . . H-11 PART II - CONTRACT CLAUSES. . . . . . . . . . . . . . . . . . . . . . . I-1 SECTION I - CONTRACT CLAUSES . . . . . . . . . . . . . . . . . . . . . I-1 I.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE . . . I-1 52.202-1 DEFINITIONS OCT 1995. . I-1 52.203-3 GRATUITIES APR 1984. . I-1 52.203-5 COVENANT AGAINST CONTINGENT FEES APR 1984. . I-1 52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT JUL 1995. . I-1 52.203-7 ANTI-KICKBACK PROCEDURES JUL 1995. . I-1 52.203-8 CANCELLATION, RESCISSION, AND RECOVERY JAN 1997. . I-1
OF FUNDS FOR ILLEGAL OR IMPROPER ACTIVITY
52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR JAN 1997. . I-1
IMPROPER ACTIVITY
52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE JUN 1997. . I-1
CERTAIN FEDERAL TRANSACTIONS
52.204-4 PRINTING/COPYING DOUBLE-SIDED ON RECYCLED PAPER JUN 1996. . I-1 52.209-6 PROTECTING THE GOVERNMENT'S INTEREST JUL 1995. . I-1
WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT
52.215-2 AUDIT AND RECORDS--NEGOTIATION JUN 1999. . I-1 52.215-8 ORDER OF PRECEDENCE--UNIFORM CONTRACT OCT 1997. . I-1
FORMAT
52.216-7 ALLOWABLE COST AND PAYMENT APR 1998. . I-1 52.216-8 FIXED-FEE MAR 1997. . I-1 52.219-4 NOTICE OF PRICE EVALUATION PREFERENCE JAN 1999. . I-1
FOR HUBZONE SMALL BUSINESS CONCERNS (JAN 1999)
52.219-8 UTILIZATION OF SMALL, SMALL JUN
1999. . I-1
DISADVANTAGED, AND WOMEN-OWNED SMALL
BUSINESS CONCERNS
52.219-9 SMALL BUSINESS SUBCONTRACTING PLAN
JAN 1999. . I-1
ALTERNATE II (JAN 1999)
52.219-16 LIQUIDATED DAMAGES-SMALL BUSINESS
JAN 1999. . I-2
SUBCONTRACTING PLAN
52.219-25 SMALL DISADVANTAGED BUSINESS
JAN 1999. . I-2
PARTICIPATION PROGRAM--DISADVANTAGED
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TABLE OF CONTENTS PAGE
STATUS AND REPORTING
52.222-1 NOTICE TO THE GOVERNMENT OF LABOR
FEB 1997. . I-2
DISPUTES
52.222-3 CONVICT LABOR AUG 1996. . I-2
52.222-26 EQUAL OPPORTUNITY FEB 1999. .
I-2 52.222-35 AFFIRMATIVE ACTION FOR DISABLED
VETERANS APR 1998. . I-2
AND VETERANS OF THE VIETNAM ERA
52.222-36 AFFIRMATIVE ACTION FOR WORKERS WITH
JUN 1998. . I-2
DISABILITIES
52.222-37 EMPLOYMENT REPORTS ON DISABLED
VETERANS JAN 1999. . I-2
AND VETERANS OF THE VIETNAM ERA
52.223-2 CLEAN AIR AND WATER APR 1984. .
I-2 52.223-6 DRUG-FREE WORKPLACE JAN 1997. .
I-2 52.225-11 RESTRICTIONS ON CERTAIN FOREIGN
AUG 1998. . I-2
PURCHASES
52.227-1 AUTHORIZATION AND CONSENT JUL
1995. . I-2
ALTERNATE I (APR 1984)
52.227-2 NOTICE AND ASSISTANCE REGARDING PATENT
AUG 1996. . I-2
AND COPYRIGHT INFRINGEMENT
52.227-11 PATENT RIGHTS -- RETENTION BY THE JUN
1997. . I-2
CONTRACTOR (SHORT FORM)
52.227-14 RIGHTS IN DATA--GENERAL JUN 1987.
. I-2 52.228-7 INSURANCE--LIABILITY TO THIRD PERSONS
MAR 1996. . I-2 52.230-2 COST ACCOUNTING STANDARDS APR
1998. . I-2 52.230-6 ADMINISTRATION OF COST ACCOUNTING
APR 1996. . I-2
STANDARDS
52.232-17 INTEREST JUN 1996. . I-2 52.232-18 AVAILABILITY OF FUNDS APR 1984. .
I-2 52.232-22 LIMITATION OF FUNDS APR 1984. .
I-2 52.232-23 ASSIGNMENT OF CLAIMS JAN 1986. .
I-2 52.232-33 PAYMENT BY ELECTRONIC FUNDS--CENTRAL
MAY 1999. . I-2
CONTRACTOR REGISTRATION
52.233-1 DISPUTES MAR 1994. . I-2
ALTERNATE I (DEC 1991)
52.233-3 PROTEST AFTER AWARD AUG 1996. .
I-2
ALTERNATE I (JUN 1985)
52.242-1 NOTICE OF INTENT TO DISALLOW COSTS
APR 1984. . I-2 52.242-3 PENALTIES FOR UNALLOWABLE COSTS
OCT 1995. . I-2 52.242-4 CERTIFICATION OF FINAL INDIRECT COSTS
JAN 1997. . I-2 52.242-13 BANKRUPTCY JUL 1995. . I-2
52.243-2 CHANGES--COST REIMBURSEMENT AUG
1987. . I-2
ALTERNATE V (APR 1984)
52.244-2 SUBCONTRACTS AUG 1998. . I-2
ALTERNATE II (AUG 1998)
52.244-5 COMPETITION IN SUBCONTRACTING DEC
1996. . I-2 52.246-23 LIMITATION OF LIABILITY FEB 1997. .
I-2 52.246-25 LIMITATION OF LIABILITY--SERVICES FEB
1997. . I-2 52.249-6 TERMINATION (COST-REIMBURSEMENT)
SEP 1996. . I-2 52.249-14 EXCUSABLE DELAYS APR 1984. .
I-2 52.253-1 COMPUTER GENERATED FORMS JAN
1991. . I-3 I.2 52.217-8 OPTION TO EXTEND SERVICES (AUG 1989) . . . .
. . . . I-3 I.3 52.217-9 OPTION TO EXTEND THE TERM OF THE
CONTRACT . . . . . . I-3
(MAR 1989)
I.4 52.219-23 NOTICE OF PRICE EVALUATION ADJUSTMENT
FOR SMALL. . . I-3 Back to Table of Content
TABLE OF CONTENTS PAGE
DISADVANTAGED BUSINESS CONCERNS (OCT 1998)
ALTERNATE I (OCT 1998)
I.5 52.227-23 RIGHTS TO PROPOSAL DATA (TECHNICAL)
(JUN 1987). . . I-5 I.6 52.232-25 PROMPT PAYMENT (JUN 1997) . . . . . . . . . . . . .
I-6 I.7 52.243-7 NOTIFICATION OF CHANGES (APR 1984) . . . . . . .
. . I-11 I.8 52.252-2 CLAUSES INCORPORATED BY REFERENCE
(FEB 1998) . . . . I-14 I.9 52.219-23 Notice of Price Evaluation Adjustment for . . . . . . I-14
I.10 52.219-24 Small Disadvantaged Business Participation. . . . . .
I-16 I.11 52.219-25 Small Disadvantaged Business Participation. . . . . .
I-17 PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER
ATTACHMENTS . . . . . . J-1 SECTION J - LIST OF ATTACHMENTS. . . . . . . . . . . . . . . . . . . . . J-1
J.1 CONTRACT PRICING PROPOSAL COVER SHEET, SF 1411,
(9 PAGES). . . J-1 J.2 COST AND PRICE ANALYSIS, ETA 8555, (8 PAGES). . . . .
. . . J-1 J.3 STATEMENT OF FINANCIAL CAPABILITY, ETA 8554, (2
PAGES) . . . . J-1 J.4 COST CONTRACTOR'S INVOICE, ETA 3100-1 (1 PAGE) . . .
. . . . . J-1 J.5 COST CONTRACTOR'S DETAILED STATEMENT OF. . . . . .
. . . . . . J-1 J.6 PAST PERFORMANCE EVALUATION QUESTIONNAIRE (2
PAGES). . . . . . J-1 J.7 CLIENT AUTHORIZATION INFORMATION (3 pages) . . . . . .
. . . . J-1 J.8 VETS-100 - FEDERAL CONTRACTOR VETERANS
EMPLOYMENT. . . . . . . J-1 J.9 TABLE 3 - ANNUAL NUMBER OF TERMINATING MALE
STUDENTS BY. . . . J-1 J.10 TABLE 4 - CURRENT CENTERS WITH CONTRACT
SUPPORT STAFF. . . . . J-1 J.11 ORAL PRESENTATION QUESTIONNAIRE (2 PAGES). . . . .
. . . . . . J-1 PART IV - REPRESENTATIONS AND INSTRUCTIONS . . . . . . . . .
. . . . . K-1 SECTION K - REPRESENTATIONS, CERTIFICATIONS AND . . . . .
. . . . . . . K-1
OTHER STATEMENTS OF OFFERORS
K.1 NOTICE LISTING SOLICITATION PROVISIONS
INCORPORATED . . . . . . K-1
BY REFERENCE
52.203-11 CERTIFICATION AND DISCLOSURE REGARDING
APR 1991. . K-1
PAYMENTS TO INFLUENCE CERTAIN FEDERAL
TRANSACTIONS
52.222-21 PROHIBITION OF SEGREGATED FACILITIES
FEB 1999. . K-1
(FEB 1999)
K.2 52.204-3 TAXPAYER IDENTIFICATION (OCT 1998) . . . . . .
. . . K-1 K.3 52.204-5 WOMEN-OWNED BUSINESS (OTHER THAN
SMALL BUSINESS). . . K-3 K.4 52.209-5 CERTIFICATION REGARDING DEBARMENT,
SUSPENSION,. . . . K-3
PROPOSED DEBARMENT, AND OTHER RESPONSIBILITY MATTERS
(MAR 1996)
K.5 52.215-6 PLACE OF PERFORMANCE (OCT 1997) . . . . . . . . .
. . K-4 K.6 52.219-1 SMALL BUSINESS PROGRAM
REPRESENTATIONS. . . . . . . . K-5
(MAY 1999)
K.7 52.222-22 PREVIOUS CONTRACTS AND COMPLIANCE
REPORTS. . . . . . K-6
(FEB 1999)
K.8 52.222-25 AFFIRMATIVE ACTION COMPLIANCE (APR
1984). . . . . . K-7 K.9 52.223-1 CLEAN AIR AND WATER CERTIFICATION
(APR 1984) . . . . K-7 K.10 52.227-15 STATEMENT OF LIMITED RIGHTS DATA AND
. . . . . . . . K-7
RESTRICTED COMPUTER SOFTWARE (MAY 1999)
K.11 52.230-1 COST ACCOUNTING STANDARDS NOTICES
AND . . . . . . . . K-8
CERTIFICATION (APR 1998)
K.12 SIGNATURE BLOCK . . . . . . . . . . . . . . . . . . . . . . . . K-12
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TABLE OF CONTENTS PAGE
SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO
OFFERORS. . . . . . L-1 L.1 NOTICE LISTING SOLICITATION PROVISIONS
INCORPORATED . . . . . . L-1
BY REFERENCE
52.215-1 INSTRUCTIONS TO OFFERORS--COMPETITIVE
OCT 1997. . L-1
ACQUISITION
ALTERNATE I (OCT 1997)
52.215-16 FACILITIES CAPITAL COST OF MONEY
OCT 1997. . L-1 52.219-24 SMALL DISADVANTAGED BUSINESS
JAN 1999. . L-1
PARTICIPATION PROGRAM--TARGETS
52.222-24 PREAWARD ON-SITE EQUAL OPPORTUNITY
FEB 1999. . L-1
COMPLIANCE EVALUATION
L.2 52.204-6 DATA UNIVERSAL NUMBERING SYSTEM
(DUNS) NUMBER . . . . L-1
(JUN 1999)
L.3 52.216-1 TYPE OF CONTRACT (APR 1984). . . . . . . . . . . . .
L-2 L.4 52.219-22 SMALL DISADVANTAGED BUSINESS STATUS
(OCT 1998) . . . L-2
ALTERNATE I (OCT 1998)
L.5 52.227-6 ROYALTY INFORMATION (APR 1984) . . . . . . . . .
. . L-3 L.6 52.233-2 SERVICE OF PROTEST (AUG 1996). . . . . . . . . . . .
L-4 L.7 52.252-1 SOLICITATION PROVISIONS INCORPORATED
BY . . . . . . . L-5
REFERENCE (FEB 1998)
L.8 PAST PERFORMANCE. . . . . . . . . . . . . . . . . . . . . . . . L-5 L.9 SMALL BUSINESS SUBCONTRACTING PLAN . . . . . . . . . . .
. . . . L-6 L.10 ORAL PRESENTATION SECTION . . . . . . . . . . . . . . . . . . .
L-7 L.11 SUBMISSION OF PROPOSAL. . . . . . . . . . . . . . . . . . . . . L-10
L.12 REQUEST FOR CLARIFICATION (RFC) . . . . . . . . . . . . . . . .
L-13 SECTION M - EVALUATION FACTORS FOR AWARD . . . . . . . . . .
. . . . . . M-1 M.1 NOTICE LISTING SOLICITATION PROVISIONS
INCORPORATED . . . . . . M-1
BY REFERENCE
52.217-3 EVALUATION EXCLUSIVE OF OPTIONS
APR 1984. . M-1 M.2 BASIS FOR AWARD (BEST VALUE) . . . . . . . . . . . . . . . . . .
M-1 M.3 EVALUATION CRITERIA . . . . . . . . . . . . . . . . . . . . . . M-2
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RFP DCS-99-45 Section B
PART I - THE SCHEDULE
SECTION B - SUPPLIES OR SERVICES AND
PRICE/COSTS
SERVICES ORDERED
Title: "JOB CORPS COUNSELING AND SUPPORT SERVICES"
The purpose of this project is to provide educational and
occupational skills training and support services at one hundred
nineteen (119) campuses across the country, including Alaska, Hawaii
and Puerto Rico. The unique combination of services provided in Job
Corps is intended to better prepare youth to obtain and hold gainful
employment, pursue further education or training, or satisfy
entrance requirements for careers in the Armed Forces.
The period of performance under this contract shall be twelve months
(12) calendar months from the date of execution plus four (4) 1-year
options at the discretion of the government.
Standard Industrial Classification Code has been determined to be
8744, with a $5 million size standard.
The government contemplates the award of a cost reimbursement plus
fixed-fee type contract under this solicitation.
This solicitation is let under Full and Open Competition.
Solicitation No: is RFP-DCS-99-45
OFFERORS PLEASE BE ADVISED THAT DOL/ETA SEEKS TO PLACE A FAIR
PORTION OF ITS CONTRACT DOLLARS WITH SMALL, SMALL DISADVANTAGED,
AND
WOMEN-OWNED SMALL BUSINESS CONCERNS AS DEFINED IN FAR 52.219-8.
FOR
THIS PROCUREMENT THE CONTRACTING OFFICER HAS MADE AN ASSESSMENT
THAT
20% OF THE TOTAL DOLLAR VALUE OF THE CONTRACT BE SUBCONTRACTED
TO
SMALL, SMALL DISADVANTAGED AND WOMAN-OWNED BUSINESSES.
THE RECEIPT OF PROPOSAL DATE IS NOVEMBER 5, 1999 AT 2:00 PM LOCAL
TIME. NOTE: THE GOVERNMENT WILL NOT EXTEND THE RECEIPT OF
PROPOSAL
DATE BEYOND NOVEMBER 5, 1999. REQUEST FOR CLARIFICATIONS MUST BE
RECEIVED NO LATER THAN 5:00 PM LOCAL TIME OCTOBER 15, 1999.
B-1
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RFP DCS-99-45 Section C
SECTION C -
DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK C.1 Background
Job Corps is a national, residential training and employment program
administered by the Department of Labor to address the multiple
barriers to employment faced by disadvantaged youth throughout the
United States. Job Corps was originally established by the Economic
Opportunity Act of 1964; current authorization for the program is
Title I-C of the Workforce Investment Act (WIA). WIA became
effective August 1998 and will be implemented between July 1, 1999
and July 1, 2000 focusing on long term outcomes of students
[reference WIA, Section 159 (1)(E)].
Job Corps provides educational and occupational skills training and
support services at 119 campuses across the country, including
Alaska, Hawaii and Puerto Rico. The unique combination of services
provided in Job Corps is intended to better prepare youth to obtain
and hold gainful employment, pursue further education or training,
or satisfy entrance requirements for careers in the Armed Forces.
The program is designed to assist young people, 16-24, who need and
can benefit from the multi-faceted approach provided by Job Corps
centers to prepare young adults to find and hold long-term
employment. Job Corps provides a comprehensive mix of services to
address barriers to employment, including: basic education;
occupational exploration; vocational training; social skills
training; health care; School-to-Work, work-based activities;
counseling and related services; recreation and post-program
placement support. The typical youth served by Job Corps is an
18-year-old high school dropout who reads at a seventh-grade level,
comes from a poor family, belongs to a minority group, and has never
been employed, or has been unemployed for many weeks. The aim of the
program is to help youth become responsible adults, prepare for and
obtain suitable employment, return to school or further training, or
satisfy Armed Forces entry requirements, thus breaking the cycle of
poverty by improving life-long earning prospects .
It is the residential aspect of Job Corps that distinguishes it from
other employment and training programs and enables Job Corps to
provide a comprehensive array of services in one setting 24 hours a
day, seven days a week. Approximately 90 percent of students are
residential; the remainder commute from home to centers daily to
attend classes. Enrollment in Job Corps is voluntary and programs
are open-entry, open-exit and self- paced to allow students to
progress at their own speed. Youth are enrolled from all areas of
the country, and the majority are assigned to Job Corps centers in
their home states. During the last year, the Office of Job Corps has
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increased its emphasis on reaching out to the community, employers,
and other employment, training and education programs.
As a national program that is 100 percent federally funded, Job
Corps is subject to Congressional scrutiny and oversight. There is
clear evidence of Congressional intent that Job Corps work more
closely with State workforce systems, of which communities and
employers are the main focus for Job Corps. The program has a
responsibility to be a major component of these systems,
particularly as they relate to serving at-risk youth.
Moreover, Job Corps will be focusing on five related RESPECT
principles for quality performance. These RESPECT principles
underscore the need for Job Corps to strengthen its connections to
the community at large, and the business community in
particular--thus providing the learning and living environment that
students need to benefit from this program. The contractor is
expected to understand the five Job Corps RESPECT principles, which
are the departure point for achieving quality performance, and to
know how each relates to the objective and tasks to be completed for
this project. The RESPECT principles are:
Student Retention
Student retention--the length of time a student remains in Job Corps
has been of concern. The early dropout rate at 30, 60 and 90 days
has been and remains high. For Program Year 1997, 31.3 percent of
students left within the first 90 days. The result of this high
turnover is that early leavers receive little or no training to
enable them to obtain employment or further training, yet they may
remain eligible for Job Corps placement services. Those who are able
to obtain jobs often perform poorly. Their association with Job
Corps can have a negative effect on the program's image with
employers, and can harm the prospects for placing other students.
On the other hand, the longer students remain in the program, the
better their outcomes. More students obtain GEDs, become vocational
completers, achieve higher reading and math gains and get placed in
job training matches at higher wages. Therefore, student retention
is a critical element in a student's success and is an area in which
the contractor can play a highly effective role through contact with
students while they are enrolled and during the critical
transitional phase after the student leaves Job Corps.
Employer Involvement
Employer awareness of, and sustained involvement in Job Corps is
essential to achieving overall program quality that leads to
long-term, well-paying job opportunities for students. In past
years, Job Corps' relationship with employers, especially at the
center level, focused almost exclusively on developing jobs and
encouraging representation on the center's Community
Relations/Advisory Council. Recent initiatives with employers, many
resulting from School-to-Work implementation efforts, are increasing
the involvement with a greater variety of employers. Ultimately, it
is employers, both public and private, that either accept (hire) or
reject our students. Therefore, it is this most important customer
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that Job Corps needs to reach with the information that Job Corps
can provide employees who will enhance their productivity and,
ultimately, profits. The work of this contract directly affects the
Job Corps-employer relationship through helping students remain in
the program to completion, helping students make successful
transitions to home and the work world, following up on students
after placement, and making connections with employers in the
community to tell them what Job Corps can do for them.
School-to-Work Principles
Job Corps is committed to becoming a comprehensive system that
institutes School-to-Work principles as part of its centers'
operation, particularly training and employer partnerships. Such a
system will transform each center's operation and atmosphere by:
significantly changing center staff roles, responsibilities and
schedules; reconfiguring center course offerings and training
resources; and adjusting classroom layouts and many other center
components to accommodate school-based and work-based learning. Job
Corps now has over 60 of its centers actively pursing the changes
needed to reconfigure current training delivery operations, working
to transform themselves into new systems based upon STW principles.
The retention activities that keep a student focused on training and
remaining in the program are related to participation in
school-to-work.
Placement Quality
Having reached a significant level in terms of efficiency and volume
in placing students, the Job Corps system needs to do more to
prepare students for, and help them obtain, long-term employment
paying high wages in occupations for which they were trained. Over
the last 5 years, Job Corps has dramatically improved its success in
placing students, in terms of both percentage placed and absolute
numbers. In Program Year 1997, 80 percent of the students leaving
Job Corps were placed in jobs, school or the military--compared to
64 percent in PY 1993. The annual number of placements achieved
increased by more than 15,000 over that period. While this level of
success is notable, concerns remain regarding the length of time
students stay in a job/school, the wages earned by students, and the
degree to which job placements relate to the training received.
These are primary factors to examine when considering quality
placement. The activities of this project directly address quality
placement through helping students decide to stay in the program to
completion and to work out their problems on the job rather than
quit. The contractor will help the students develop the skills and
job readiness to achieve quality placements by providing help with a
successful transition after Job Corps, and by following up for a
period after placement to assess customer satisfaction.
Community Connections (Expanded Community Ties)
For much of Job Corps' history, the general public has viewed Job
Corps centers as temporary homes for at-risk youth, and in response
to this perception, centers often viewed community outreach as a
necessary means of maintaining friendly relations with neighboring
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communities. As years passed, centers moved beyond this defensive
posture and began to recognize that communities could be an enormous
resource to students through enhanced services, educational support,
employment, and post-employment support services. Centers also
began to realize the importance of their own involvement in
improving the communities in which they are located.
Centers reach out to local community leaders by establishing
Community Relations Councils (Industry Councils when WIA is fully
implemented). However, an effective community relations program
extends beyond the organization and operation of a council.
Establishing a solid local foundation with the community affects the
climate of a Job Corps center and the program as a whole. How
students are perceived--and received--in a community can vary
dramatically depending on the degree of Job Corps involvement in the
community. Without community support, students cannot experience
the full benefits that Job Corps has to offer, and Job Corps as a
whole cannot broaden its base and evolve as a program. The
activities of this contract, in both the pre-separation and
post-separation phases, will influence community relations.
For both Employer Involvement and Expanded Community Ties, the new
Workforce Investment Act has additional implications. The Act
requires that each center establish a Business Community Liaison and
an Industry Council which includes employer membership from both the
local community surrounding the center and communities to which
students will be returning following training. The contractor will
be expected to work with both the Business Community Liaisons and
the Industry Councils in providing support to students and former
students. The contractor will also be expected to work with local
one-stop centers to assist former students find jobs and identify
other community resources to support them.
The very nature of the Job Corps program brings with it many
problems that are inherent when youth are located outside their home
environment. Students can become homesick or desire to return home
due to problems encountered in a new residential setting. Some
students are able to cope; others impulsively elect to leave centers
rather than deal with what is bothering them. Still others are
simply unable to cope with the problems encountered. Additional
problems are often encountered by students when they leave the Job
Corps program. They may lack information on resources available to
them in the center community as well as the community to which they
return or relocate, or they may be in need of support services to
enable them to successfully make the transition from Job Corps to
work. Effective long term follow up services will enable the
contractor to address employer and transitional issues of the
student.
Almost since Job Corps' inception, placement-related support
services have been provided to students. Under the current contact,
a salaried FTE working half-time is located on 56 Job Corps centers
to assist with the development of life skills and to counsel
students who want to leave the program early. Contractor staff
assess what a student's needs will be upon leaving Job Corps and
connect the student with a volunteer to assist that student in
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making the transition to the community from Job Corps. Their
specific roles and duties vary from center to center, as well as
region to region, according to local need. The contractor will be
expected to continue these functions.
In addition to those staff, a network of volunteers provides
transitional services to former students returning home or
relocating to another community. This involves helping students
with housing, transportation to work, health services, budget
planning, community resources, arranging for child care and other
needs generated in the process of making the transition from Job
Corps to the community and work.
The contractor will also be responsible for delivering a Post Center
Survey Operation that will be expected to attempt to contact the
full universe of placed students in order to obtain statistically
valid information on initial placement and 13th week placement
verification. In order to maintain the integrity of the survey and
obtain statistically valid information, the contractor must achieve
a 70% contact rate of the full universe of placed students. Towards
this effort, the contractor must ensure that staff, located at a
central office, are trained and focused in contacting techniques and
survey administration. In addition, the Post Center Survey will
gather customer satisfaction information for program improvement.
The contractor should be aware that this task may be modified,
reduced, or eliminated during the first contract year as policies
are developed for full implementation of WIA. The government will
provide a 90 day notification period prior to any changes for this
specific task.
Further tasks the contract will focus on are requirements for
transportation verification and establishing standardized oversight
procedures. These activities relate to DOL-paid tickets for student
inter-city travel. The contractor shall furnish staff in each Job
Corps Regional Office at the levels indicated in Table 1.
Other related duties specified in this contract will also include
the oversight of the Harpers Ferry Memorial Scholarship Fund Award.
This scholarship was established in 1996 to commemorate the memory
of eight Harpers Ferry Job Corps students who perished in the
MARC/AMTRAK train collision. A scholarship in the amount of $1,000
to help defray the costs of academic and/or vocational training is
presented to an eligible Job Corps student annually. Funds for this
scholarship are donated to a special bank account which will be
administered by the contractor.
TABLE 1. Number of Transportation Verifiers in Job Corps Regional
Offices
Region Transportation Verifier Planned OBS (data as of PY 1997)
1(1) Half-time 2,375
2(1) Half-time 3,146
3(1) Full-time 7,708
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4(1) Half-time 6,083
5(1) Half-time 3,492
6(1) Half-time 6,354
7/8(1) Half -time 4,983
9(1) Half-time 4,614
10(1) Half-time 2,985
C.2 Objectives
The Job Corps experience is that follow-up and support services
enabling students to readjust to their home environments must be an
integral part of the Job Corps program. Upon returning home, or in
some cases, relocating to a new community, students need support
services to make a successful transition to the actual world of
work. To provide these support services and extended follow up, the
contractor will furnish the necessary material, equipment, services
and personnel to provide the following support services to Job
Corps:
Pre-separation support and counseling services in 56 centers to Job
Corps students and center staff to help prepare students to complete
the program and make the transition from center life to a life of
employment and responsibility for their lives; Post-separation
transitional support services to all male Job Corps students, during
both the placement and post-placement periods, to help them make a
successful transition from Job Corps to home and the work force;
Post Center Survey Operation whose primary goal is to attempt
contact of the full universe of placed students, however ensuring a
70% contact rate for the purpose of:
(1) Obtaining statistically valid information on initial placement
verification, obtaining statistically valid information on 13th week
placement verification, and obtaining customer satisfaction
information.
(2) Transportation verification assistance/oversight requirements to
ensure travel vouchers for students meet specific requirements.
(3) Administration of the Harpers Ferry Scholarship Fund Award to
ensure the integrity of the selection process and funding account.
C.3 Description of Project
Pre-Separation Transitional Support Services:
At centers designated in this contract, the contractor shall provide
a transitional support services program designed to ensure that
students separating from the program are prepared with the knowledge
and skills needed to make a successful transition from Job Corps to
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home and the work force.
The contractor will provide a plan to ensure that all Transitional
Services Specialist (TSS) tasks listed below are completed on 56 Job
Corps centers. (See Table 4 (Attachment J.10)for list of Job Corps
centers for which contractor will provide services. On occasion, as
new centers open, they may be added to the list.)
The plan will describe how the following tasks will be accomplished
by the Transitional Services Specialist who shall:
(1) Inform new students about transitional support services
available throughout, and following, enrollment.
(2) Throughout enrollment, actively counsel and encourage students
to complete the Job Corps program.
(3) Assist each student in assessing and documenting his/her
potential transitional support needs.
(4) Counsel and assist each student in developing a plan to meet
transitional needs once he/she separates from Job Corps. The plan
shall identify potential needs, strategies and possible resources to
meet those needs.
(5) Prior to, or concurrent with, a student's separation, provide a
copy of the transitional support needs assessment and plan to the
Support Services Contractor who is designated to provide services to
returning males/females as appropriate.
(6) Advise each student that a support service volunteer in his/her
home community will be in contact following separation to offer
assistance with transitional needs.
In cooperation with the Center Director at each center where
assigned, develop a center-specific agreement which outlines the
role and responsibilities of the Transitional Services Specialist,
which shall include the tasks listed above and may include:
(1) Training students in social skills to enhance employability.
(2) Training staff on issues relevant to youth development.
(3) Organizing or coordinating career fairs.
(4) Other functions designed to promote program completion and
development of employability skills.
(5) Working with Industry Councils to discuss student transition
issues.
C.4 Post-Separation Volunteer Transitional Support
Activities:
Through a nationwide network of volunteers in both urban and rural
areas, the contractor shall provide transitional support services
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which will enable all separating male students to make a successful
transition from center life to the community and the work force.
Additionally, using its broad volunteer field network, the
contractor shall promote community connections to encourage
applicant referral and to enhance employer and community knowledge
and support of the Job Corps program.
(1) The contractor shall select and train volunteers in each
community who:
Show understanding of, and a commitment to, the mission of Job
Corps; Demonstrate the ability to interact effectively with young
adults, employers and community members and leaders; Are
knowledgeable of workforce and community issues and community
resources. Through the network of trained community volunteers, the
contractor shall provide the following services to separating male
students: (See Table 3 for the estimated Annual Number of Separating
male Students, by Region). The returning student contact to active
volunteer ratio should be no greater than a 15:1 ratio on a national
basis; Contact students at time of separation, to identify and offer
assistance with transitional needs; Provide direct assistance with,
or referral to, community resources to meet identified transitional
support needs (Commonly Needed Transitional Support Services are
described in Table 2); Continue monthly contact for a 12 month
period following separation, (or until student declines further
help) to determine status and provide needed support services; and
Maintain documentation of dates and methods of each contact (or
attempt), assistance provided, and results.
Through its volunteer network, the contractor shall promote referral
of interested youth for Job Corps enrollment. Volunteers shall:
(1) Elicit referrals to determine interest, and/or forward referrals
to the appropriate local Job Corps Admissions Counselor for initial
contact.
(2) Promote community connections to enhance community knowledge and
support of the Job Corps program. In their home communities,
volunteers shall:
a) Act as goodwill ambassadors for Job Corps to promote awareness
and engender support for the mission of Job Corps among the public,
employers and community leaders.
2) Identify, establish and maintain linkages with organizations
which can provide support resources which will enable returning
former students to transition successfully to the community and work
force.
The contractor will assist youth, through transitional support
services, in adjusting to community life. The support services may
include, but are not limited to, providing training in and/or
assistance with the following:
TABLE 2. COMMONLY NEEDED TRANSITIONAL SUPPORT SERVICES
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DESCRIPTION
1. Housing Assistance
Providing information or assistance in finding housing and signing a
lease; the obligation of tenant and landlord; arranging for
emergency, short-term housing or shelter.
2. Transportation Assistance
Providing assistance with public transportation, insofar as bus
scheduling and routing from residence to place of employment or
other transportation needs are concerned. This includes the
formation of or entering into existing car pools, and providing bus
tokens or bus passes, or information on buying a car.
3. Post-Separation Center
Assisting in recovery of personal belongings, class rings, GED
certificates, completion certificates, etc.
4. Child Care
Assisting with finding affordable, safe child care services where
needed.
5. Health Services
Finding and making referrals for health services--clinics,
hospitals, health centers, private practitioners for medical, dental
or mental health problems.
6. Social Services
Providing assistance in obtaining SSI, general assistance, food
stamps, or other referrals to counseling on personal adjustment
problems, family planning, marriage counseling, etc.
7. Legal Services
Providing information and referrals on workers' rights, legal rights
and legal assistance; help with claims, worker's compensation, etc.
8. Emergency Services
Providing methods for securing subsistence sponsorship of students
through existing community agencies (e.g.; referrals to
food/clothing bank), or student loans or grants.
9. Advice
Providing general counsel or advice to former Job Corps students;
encouraging them to pursue worthy goals, etc.
10. Citizenship Information
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Providing assistance in acquiring driver's license, ID cards, birth
certificates, insurance, etc.; information on purchasing or consumer
laws; local, state and federal taxes and other laws; assistance or
referral in filing income tax returns and Selective Service and
voter registration procedures.
11. Other Training Opportunities
Providing information about eligibility criteria and current
openings with programs appropriate for particular Job Corps student
and the availability of such training programs.
12. Other Educational Opportunities Providing assistance in
returning, enrolling in high school, basic education, vocational
schools, college, etc.
13. Job Corps Alumni Associations
Assisting students to locate a National Job Corps Alumni Association
local chapter and/or members.
14. Other Community Services
Providing advice on recreational facilities youth clubs, and
location of various churches.
15. Readjustment Allowance
Providing assistance in location and tracking eligible readjustment
allowance checks that have not been properly received by terminating
Job Corps students.
16. Job Assistance
Providing advice on local employment opportunities; pinpoint local
employment opportunities through use of local resources (e.g., job
bank, employment agencies, one-stop centers, etc.) Assist with
additional information on filling out job applications, resume
preparation, employment skills, employment tools, uniforms, shoes,
etc. While these tasks are normally the function of Job Corps
centers and placement contractors, some students have not received
this assistance, often because they have left the center before
receiving the information or help. The volunteer should, where
possible, refer the students to a Job Corps placer for placement
services.
17. Job Placement
Providing direct assistance which results in the Job Corps student's
employment (i.e.,advisor or TSS contacts a potential employer and
arranges for the student to be interviewed, resulting in the student
being hired).
As in #16, these tasks are normally the function of Job Corps
centers and placement contractors. However, some students have not
received this assistance, often because they have left the center
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before receiving the information or help. The volunteer should,
where possible, refer the student to a Job Corps placer for
placement services.
18. Budget Planning
Providing information and advice on budget for rent, clothes,
entertainment, etc.; good shopping practices; cost of credit; help
or advice about banking practices, setting up personal checking or
savings accounts, etc.
An estimate of the number of male students who will be returning to
the regions, together with an estimate of those to be served by the
contractor, is provided in the table below. It is intended as a
guide for planning; the numbers provided are approximate. The
contractor shall be prepared to provide placement support and
post-placement services for those students whose names are provided
by the center or Job Corps Data Center, regardless of their location
within the region. The returning student contact to active
volunteer ratio should be no greater than a 15:1 ratio on a national
basis.
See Attachment J.9 - TABLE 3 : Annual Number of Terminating Male
Students by Region For Program Year 1997
The contractor will offer support services to the males separating
from Job Corps centers. The table above shows the number by region
of males separating from the program in Program year 1997 (July 1,
1997-June 30, 1998), the last full programs year for which data are
available
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C.5 Post Center Survey Operation
The contractor will provide a plan focusing on conducting a Post
Center Survey Operation in which a survey instrument has been
designed to provide required data on student outcomes. The overall
objective of the survey and interview approach is to collect
information in a consistent, non-biased way while achieving at least
a 70 percent response rate from a full universe of placed students
contacted. The results of the survey are then automatically
transmitted electronically to the Job Corps Data Center located in
San Marcus, Texas for further analysis. However, it should be noted
that the continuation of this specific task may be modified,
reduced, or eliminated as policies are developed for full
implementation of WIA during the first contract year. The
government will provide a 90 day notification period to the
contractor prior to any modifications to this specific task.
The survey for the Post Center Operation is designed to:
(1) Collect information from students or employers on the validity
of initial job placements.
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(2) Obtain information on student employment/school experiences 13
weeks after the initial placement.
(3) Collect information on overall customer satisfaction with the
Job Corps experience.
(4) Conduct outreach to ask former students to refer friends to Job
Corps.
Post Center Survey questions address a number of issues pertaining
to verification of the initial placement and 13th week placement of
the student including the following:
(1) Whether the student attended the school/training or worked for
the employer listed as the initial placement,
(2) The number of hours worked during the 7-day period,
(3) The date the student reported for work,
(4) Whether the student enrolled/attended the school listed in the
placement record,
(5) Whether the student was enrolled in the same or a different type
of training than what was listed on the placement record,
(6) Whether the student enrolled/attended on the date reported,
(7) Whether the student attended the school/training program for the
required duration, and
(8) The status of the student at the 13th week after the initial
placement.
The contractor will observe the following guidelines which provide a
standardized framework to follow in implementing the Post Center
Survey Operation:
1. The contractor will provide at least ten full-time equivalent
(FTE) surveyors plus one coordinator to be based at one central
location.
2. The contractor will select and train staff who:
-Have shown an understanding of, and a commitment to, the mission of
Job Corps.
-Have demonstrated effective interpersonal and verbal communication
skills.
-Have demonstrated competence in conducting surveys, including
locating respondents and probing for answers.
3. The contractor will ensure staffing schedules reflect coverage
for holidays, weekends, vacation/sick schedules and peak hours in
which students would mostly likely be at home (i.e., early morning,
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late afternoon, and evening).
4. The Post Center Survey Operation will be guided by the
definitions which are in accordance with the Job Corps Policy and
Requirements Handbook, Chapter 7, and will follow uniform procedures
communicated by the National Office to the contractor.
5. The Surveyors will be both trained and supervised by the
contractor.
C.6 Post Center Survey Operation Procedures:
The contractor should follow specified established procedures in
order to document survey results pertaining to verifications of
placement. In some instances results from the student survey may
result in a placement which is questionable due to lack of
information or due to conflicting information obtained from the
student. The guidelines set forth are as follows:
(1) The Job Corps Data Center populates the follow up database for
100% of placed students.
(2) Surveyor attempts telephone contact at the 13th week of the
student's placement.
(3) If contact is made, the surveyor completes the survey based on
information from the Job Corps database. This information is used
to verify the initial placement and 13th week placement.
(4) If, at any point during these questions, the students' answers
are different from the database information, the placement becomes
questionable and is referred to the Job Corps Regional Office for
further verification.
(5) If the Regional Office determines the questionable placement to
be either valid, invalid, or unverifiable, the contractor will enter
the findings into the system.
(6) In collecting customer satisfaction documentation, surveyors
must query the students in order to obtain useful information
regarding post placement services for program improvement.
(7) Surveyors should also encourage students to provide referrals to
the program
C.7 Post Center Survey Operation Assessment
To ensure that quality services are provided and accurate placement
verification data is collected, the contractor shall submit, within
30 days after the award of the contract, a plan to be approved by
the GAR which will include the following:
(1) Staff quotas in order to meet targeted employer placement
verification requirements and customer satisfaction inquires,
(2) A quality control system to ensure accuracy and integrity of
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surveys,
(3) A staff incentive system for quality performance, and
(4) A reporting system to include survey operation results
C.8 Transportation Verification
Assistance/Oversight
The contractor shall be required to provide a plan in order to
perform the following tasks:
To satisfy the DOL requirement for transportation verification
assistance/oversight and other related duties, the contractor shall
furnish staff in the Job Corps Regional Offices at the levels
indicated in Attachment 2. These activities relate to DOL-paid
tickets for inter-city student travel. They do not relate to tickets
that students furnish at their own expense, nor to intra-city
students travel via local bus, subway, ferry service or the like.
Staffing:
Contractor staffing levels in order to perform transportation
verification assistance/oversight functions shall be in accordance
with the following requirements:
a. In all regions except Regions III and VII/VIII, (See Table 1) the
staffing requirement for this function is for a single, half-time
position to be referred to as a Transportation Verifier.
b. The Transportation Verifier shall be located within the
contractor's Regional Offices, or if that is impractical, shall be
in close proximity to the Regional Office.
c. The transportation verifier shall be both trained and supervised
by the contractor. In addition, the Job Corps Regional Office shall
provide appropriate follow up training and shall monitor the work
process to ensure conformity with the established verification
procedures.
d. Transportation Verifiers may be assigned periodically at the
Regional Offices' discretion to assist with other functions
dependent on workload fluctuations.
Tasks:
The contractor shall furnish the necessary paid personnel, to
perform the following tasks in the Job Corps Regional Offices,
except that the Regional Offices will furnish the contractor with
postage and oversight delivery services for the transmittal of
tickets, receipts and reports.
1. Develop a system to track unused Job Corps student transportation
tickets purchased via Government Travel System (GTS) corporate
credit accounts. The system shall provide tracking from the point a
ticket is identified as not being used until the point which a
credit for refund of the unused ticket is obtained. The system
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shall be developed and made fully operational in each region within
four weeks after the effective date of the implementing contract.
2. Operate the system in each region to track unused Job Corps
student transportation tickets that are purchased via GTS accounts,
including the regional accounts that are used by the Job Corps
center travel agency and accounts that are used by individual Job
Corps centers. Contractor activities shall include the following
tasks and information collection functions:
a. Identity unused tickets issued for new student input. From
various information sources (e.g., SPAMIS, annotated JC-19 travel
authorizations), identify and initiate tracking of unused
transportation tickets issued for new students input.
b. Track organizational accountability for each unused ticket until
credit is obtained. Operating within the procedures and using the
document established, track the whereabouts (e.g., screener, center,
regional office, travel agency) of each unused ticket until credit
has been obtained. In some regions, this may involve receiving and
processing unused tickets from screening agencies and Job Corps
centers for transmittal to the Job Cops travel agency.
c. Review monthly GTS credit card billing statements to identify
unused, refunded tickets for which vendor credit has been obtained.
It is generally expected that, for air and rail tickets, a credit
will appear in the appropriate GTS account within no more than three
monthly billing cycles from the date that the ticket was received.
For bus tickets, it is expected that the credit would appear by no
later than two monthly billing cycles.
d. Based on regional procedures, make follow up contact with
accountable person or organizations concerning delinquencies in
handling or processing of unused tickets; provide reports of such
delinquencies to appropriate Regional Officials.
3. Verify that tickets purchased by the central travel agency were
ordered by the Regional Office, screening agencies, or Job Corps
centers. This involves the review of the monthly GTS billing
generated by the central travel agency and performing a spot check
of 10 tickets on each billing. A sample ticket is considered valid
if documentation is obtained that it was purchased based on an order
from the Regional Office, a screening agency or a Job Corps center.
Any instance of a non-verifiable ticket is to be referred to
appropriate Regional Office officials for follow-up action.
4. Assist Regional Offices where applicable in obtaining
verification of tickets ordered by Job Corps centers via center
specific GTS accounts, (E.g., faxing copies of month GTS billing to
the appropriate Job Corps centers for a determination that the
changes are proper and to identify any unused tickets for which a
credit should be expected on a later billing).
5. Assist Regional Office where applicable in tracking the use of
Regional GTR's and obtaining verification of tickets ordered by Job
Corps centers via Regional GTR's. In regions that elect to use
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RFP DCS-99-45 Section C
Regional GTR's this would include maintenance of logs and
documentation to track distribution and use of GTR's by centers and
screening agencies. This function might also include assistance to
the Regional Office in appropriate purchases made by centers and
screening agencies.
6. Provide Job Corps Regional Offices and the National Office with
a monthly report indicating, by region, the number and dollar value
of unused tickets identified during the month, the number and value
of tickets for which credit was obtained during the month, and the
number and dollar value of unused tickets for which credit is still
pending at the close of the month. (See c). Transportation
Verifiers are expected to handle all routine communication and
contact with screening agencies, Job Corps centers and the central
travel agency unless otherwise directed by the Regional Office. If
the Transportation Verifier is having difficulty in obtaining
resolution of an issue with any of these parties, the matter is to
be referred to the appropriate Regional Office official.
7. Maintain archival data (electronic) on "resolved" tickets from
the time of resolution until the end of the third program year
following the program year in which resolution occurred.
Transportation Verification Assessment
To ensure quality services and accurate transportation verification
data is collected, the contractor shall submit, within 30 days after
the award of the contract, a plan to be approved by the GAR which
will include the following:
a. A quality control system to ensure accuracy,
b. A staff incentive system for quality performance, and
c. Standardized guidelines and procedures for transportation
verification to be utilized nationwide.
C.9 Administration and Management
The contractor will provide direction, management and administrative
support to all functions and tasks of this contract and shall
furnish the necessary material, equipment and supplies. The
contractor will establish systems that ensure:
Effective program organization and management
The contractor will establish systems which ensure achievement of
program goals and maintenance of quality performance.
Program integrity and accountability
The contractor will establish procedures for monitoring and tracking
operations and outcomes, including a plan for formal review of TSS
offices on centers, contract regional offices, and the volunteer
program. It will show how the contractor will measure performance
on goals, hold all TSSs accountable, and conduct measurement of, and
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RFP DCS-99-45 Section C
accountability for, volunteer goals.
Design a series of forms for gathering required internal reporting
data (e/g/. Counselor and volunteer personal assistance reports,
volunteer recruiting brochures as well as a model quarterly 3-8 page
newsletter, which delineates the contractors activities in support
of the Job Corps program. The newsletter will be distributed
throughout the Job Corps program, national and regional offices and
to the contractor's aid and voluntary staff).
Maintain an 800 number to ensure that volunteers, paid staff, and
present and former Job Corps students have access to the
contractor's regional office and national offices.
Develop and implement an ongoing annual awards and recognition
program to acknowledge significant volunteer contribution in each
region and nationally.
Provide training for regional staff in the recruiting and training
of volunteers.
Comply with all required reports/deliverables identified in section
F, Deliverables and Performance.
Staff professionalism and development
The contractor will recruit, hire, and retain qualified staff, in
accordance with the requirement below and will be expected to manage
the contract through a structure that includes a regional office in
each of the Job Corps regions and national office. The contractor
will develop and implement policies which promote a working
environment of equal opportunity which is free of race, gender or
ethnic bias. To carry out the requirements of the contract, the
contractor shall have:
a. a nationally controlled structure
b. staff with a thorough knowledge of Job Corps procedures and
operations and an ability to promote the Job Corps program in a
positive, knowledgeable manner to the community and employers,
experience with WIA in general and Job Corps specifically,
c. knowledge of, and sensitivity to, the needs of disadvantaged
young men and women,
d. an existing, stable, dependable, visible, accountable force of
trained volunteer workers nationwide, in all states, and in both
rural and urban areas,
e. an existing, comprehensive national network of service providers
who are available nationally, in all states, both rural and urban,
on a 24-hour basis, every day, with capability for immediate direct
service delivery and immediate response to requests for emergency
help in any area of the country,
f. service providers who have a history of experience in
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RFP DCS-99-45 Section C
pre-employment counseling skills, specifically those related to
assisting young men to become independent, and
g. active communications and strong relationships with other
organizations providing services to youth in general and male youth
in particular.
h. an organizational system for the recruitment of staff and/or
volunteers to provide the support services as described in this
solicitation. The system shall provide contingency plans in the
event staff are not available in a particular are to serve returning
students
The contractor shall also:
a. provide supervision, training and evaluation to all regional
office staff;
b. coordinate with the National Office and provide statistical data
on task accomplishments as required;
c. recruit, train and support volunteers to assist placement and
post placement support activities;
d. establish linkages with regional social service agencies to
assist in providing placement and post placement support to
regional Job Corps terminees;
e. identify and provide appropriate recognition to volunteers and
other who have made significant contributions to assist Job Corps
terminees; and comply with all applicable reports as specified in
Section F, Deliverables and Performance.
Community support and partnership
The contractor will develop a plan for carrying out the community
outreach and support part of this contract that will promote
positive public awareness about the Job Corps program and referrals
of youth to Job Corps.
See Attachment J.10 - Table 4: Current Centers with Contract
Support Staff Center Location Number of Students (Females/Males)
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RFP DCS-99-45 Section D
SECTION D - PACKAGING AND
MARKING [For this Solicitation, there are NO clauses in this
Section]
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RFP DCS-99-45 Section E
SECTION E - INSPECTION AND
ACCEPTANCE E.1 NOTICE LISTING CONTRACT CLAUSES
INCORPORATED BY REFERENCE
The following contract clauses pertinent to this section are
hereby incorporated by reference (by Citation Number, Title, and
Date) in accordance with the clause at FAR "52.252-2 CLAUSES
INCORPORATED BY REFERENCE" in Section I of this contract. See FAR
52.252-2 for an internet address (if specified) for electronic
access to the full text of a clause.
NUMBER TITLE DATE
52.246-9 INSPECTION OF RESEARCH AND
DEVELOPMENT APR 1984 (SHORT FORM)
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RFP DCS-99-45 Section F
SECTION F - DELIVERIES OR
PERFORMANCE F.1 NOTICE LISTING CONTRACT CLAUSES
INCORPORATED BY REFERENCE
The following contract clauses pertinent to this section are
hereby incorporated by reference (by Citation Number, Title, and
Date) in accordance with the clause at FAR "52.252-2 CLAUSES
INCORPORATED BY REFERENCE" in Section I of this contract. See FAR
52.252-2 for an internet address (if specified) for electronic
access to the full text of a clause.
NUMBER TITLE DATE
52.242-15 STOP-WORK ORDER AUG
1989 ALTERNATE I (APR 1984) F.2 PERIOD OF PERFORMANCE
The period of performance under this contract shall be twelve months
(12) calendar months from the date of contract execution plus four
(4) 1-year options at the discretion of the government.
F.3 LEVEL OF EFFORT
The level of effort for this contract shall be between 41 and 43
professional person years. The level of effort for each option
period shall be equal to base year plus inflation. The inflationary
rate will be determined by the Bureau of Labor Statistics.
F.4 REPORTS/DELIVERABLES
The contractor shall submit to the Government Authorized
Representative (GAR) designated in the contract the following
reports.
Quartely reports (one copy) summarizing qualitatively the
performance and for the quarter on pre-and post-separation service,
national statistical information and narrative on the post center
survey operation, and transportation verification information. This
report is due to the GAR no later than 30 days after the end of each
quarter. The format for the report must be approved by the GAR
during the first month after the effective date of the contract.
Among other information, reports will address quartely progress on
tasks specified in the Statement of Work, plans for the resolution
of any problems which may arise, and if necessary an updated
workplan for the remainder of the contract.
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RFP DCS-99-45 Section F
Six-month summary reports are to be submitted to the GAR twenty (20)
days after the first six months (6) of the contract and each six
months (6)thereafter showing total progress on all tasks during the
previous six months (6). An annual report will be provided twelve
months (12) after contract execution. The reports will also include
a discussion of creative, innovative counseling techniques
demonstrating work that goes beyond traditional emphases, and
lessons learned from replication of successful initiatives.
Contractors Operating Plan (COP)
The contractor will be required to develop an operating plan which
will clearly define how the scope of work will be accomplished.
This plan should include such items as the flow of documents, e.g.,
regarding notice of separation: the methods and procedures for
assignment of the TSS to assist the former students: procedures
designed for contracting the former students and follow up; methods
for transportation verification; the methods of ensuring survey
reliability; staff communications, training etc. In order to
provide maximum support services to the former student at the
lowest price possible, the maximum use of volunteers is encouraged
to provide the services, as well as to assist the TSS on center
which training and other activities where feasible. The operating
plan should show the number and type of paid staff and the number of
active volunteers, if any, who are available and how other
volunteers will be recruited, selected and trained. The plan should
also address ongoing training techniques used to ensure the post
center survey operation integrity and oversight management of the
transportation verifiers. In addition, the plan will address
management oversight and how the contractor can ensure volunteer
maximum performance, from all staff, including volunteers. The COP
shall be submitted to the GAR for review and approval within twenty
(20) calendar days of the effective date of the contract.
Communications Responsibilities:
The contractor, both on a national and regional level, must develop
and maintain close coordination of contract activities with Job
Corps Regional Offices.
The contractor must develop and maintain close coordination of post
center survey operations with the Job Corps National Office. The
contractor will develop and maintain ongoing communication with
other support services, one-stop centers and resource agencies
operating in their locale, as well as other support contractors.
The contractor shall make every effort to coordinate with
appropriate youth-service agencies available in the area(s) being
served to enhance referral and explore all placement possibilities.
The contractor will provide a plan for communication with each of
the above-referenced entitles, and will include a plan for regular
field visits by the contractor's national director to assess
performance of contractor regional personnel and regional contract
activities.
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RFP DCS-99-45 Section G
SECTION G - CONTRACT ADMINISTRATION
DATA G.1 IDENTITY AND AUTHORITY OF THE
CONTRACTING OFFICER'S REPRESENTATIVE (GOVERNMENT AUTHORIZED
REPRESENTATIVE)
(A) The authorized representative of the Contracting Officer is 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.
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
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RFP DCS-99-45 Section G
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:
To Be Determined
U.S. Department of Labor, ETA
200 Constitution Avenue, NW, Room N-5637
Washington, D.C. 20210
B. The Detailed Report of Expenditures (ETA 3-2) submitted with the
Invoice (ETA 3100-1) must include the same budget line items or cost
categories as appears in the contract, including any modifications
thereto.
C. To constitute a proper invoice, the invoice, must include the
following information and/or attached documentation:
(1) Name and address of the Contractor;
(2) Invoice date;
(3) Contract number or other authorization for supplies
delivered or services performed (including order number and contract
line item number).
(4) Description, quantity, unit of measure, unit price, and
extended price of supplies delivered or services performed.
(5) Shipping and payment terms (e.g., shipment number and date
of shipment, prompt payment discount terms. Bill of lading number
and weight of shipment will be shown for shipments on Government
bills of lading.
(6) Name and address of Contractor official to whom payment is
to be sent (must be the same as that in the contract or in a proper
notice of assignment).
(7) Name (where practicable), title, telephone number and
mailing address of person to be notified in event of a defective
invoice.
(8) Any other information or documentation required by other
requirements of the contract.
In addition to the above, invoices should be numbered consecutively.
All final invoices shall be clearly marked Final Invoice.
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RFP DCS-99-45 Section G
G.3 METHOD OF PAYMENT
A. Payments under this contract will be made either by check or
electronic funds transfer (through the Treasury Fedline
Communications System (FEDLINE) or the Automated Clearing House
(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
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RFP DCS-99-45 Section G
specified above must be received by the appropriate Government
official 30 days prior to the date such change is to become
effective.
E. The documents furnishing the information required in paragraphs
B and C above must be dated and contain the signature, title, and
telephone number of the Contractor official authorized to provide
it, as well as the Contractor's name and contract number.
F. Contractor failure to properly designate a financial institution
or to provide appropriate payee bank account information may delay
payments of amounts otherwise properly due.
G. The Contractor shall forward the information required above to:
U.S. Department of Labor, ETA
Division of Accounting, Room C-5319
200 Constitution Avenue, NW
Washington, DC 20210
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RFP DCS-99-45 Section H
SECTION H - SPECIAL CONTRACT
REQUIREMENTS H.1 BUDGET LINE ITEM FLEXIBILITY
Flexibility of Direct Costs will be allowed within the Prime
Contract Budget, provided no single line item of cost shall be
increased or decreased in excess of 20 percent and provided further
that the total estimated cost of the Contract is not exceeded. This
flexibility of cost does not apply to the wages, salaries and fringe
benefits line items (including proposed changes by the Contractor in
the mixture, number of hours, wages, and/or bonus or personnel paid
under the contract) wherein no increase is permitted without the
prior review and approval by the Contracting Officer.
In contracts with OPTION TO EXTEND SERVICES provisions, this
clause is applicable to each yearly negotiated budget line item
amounts, and not the accumulated budget line item totals.
H.2 FRINGE BENEFITS
Social Security, Workmen's Compensation, Unemployment Compensation
and any other fringe benefits are a normal practice of the
Contractor at the time of final negotiations for this contract and
are available to all employees. Fringe benefits from an immediate
previous employer which may be continued while employed under this
contract are an allowable cost. In no event will duplicate fringe
benefits be allowable to an individual under this contract.
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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RFP DCS-99-45 Section H
H.4 TRAVEL AND PER DIEM
Travel policies as set forth in the Travel Regulations referred to
below are required of the Contractor and consultants hereunder.
Where the Contractor has a more restrictive travel policy than the
Federal Travel Regulations, the more restrictive requirements shall
apply.
It is the responsibility of the Contractor to authorize only such
per diem allowances as justified by the circumstances affecting the
travel. Care should be exercised to prevent fixing per diem rates
in excess of those required to meet the necessary authorized
subsistence expenses. To this end, consideration should be given to
factors which reduce the expenses of the employee such as: known
arrangements at temporary duty locations where lodging and meals may
be obtained without cost or at prices advantageous to the traveler;
established cost experience in the localities where lodging and
meals are required; situations where special rates for
accommodations have been made available for a particular meeting or
conference; the extent to which the traveler is familiar with
establishments providing lodging and meals at a lower cost in
certain localities, particularly, where repeated travel is involved;
and the use of methods of travel where sleeping accommodations are
provided as part of the transportation expenses.
All travel shall be at tourist, coach, or less than first class
unless itinerary or unavailability dictate otherwise. All temporary
duty and local area automobile travel shall be allowed as prescribed
by the applicable Travel Regulations.
Copies of applicable Travel Regulations can be obtained as follows
at a fee:
a. Federal Travel Regulations, prescribed by the General
Services Administration, for travel in the conterminous 48 United
States: Available on a subscription basis from the Superintendent
of Documents, U.S. Government Printing Office, Washington, DC
20402, Stock No. 022-001-81003-7.
b. Joint Travel Regulations, Volume 2, DoD Civilian Personnel,
Appendix A, prescribed by the Department of Defense, for travel in
Alaska, Hawaii, the Commonwealth of Puerto Rico, and territories and
possessions of the United States: Available on a subscription basis
from the Superintendent of Documents, U.S. Government Printing
Office, Washington, D.C. 20402, Stock No. 908-010-00000-1.
c. Standardized Regulations, (Government Civilians, Foreign
Areas), Section 925, "Maximum Travel Per Diem Allowances for Foreign
Areas," prescribed by the Department of State, for travel in areas
not covered in 1 and 2 above: Available on a subscription basis from
the Superintendent of Documents, U.S. Government Printing Office,
Washington, D.C. 20402, Stock No. 744-008-00000-0.
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RFP DCS-99-45 Section H
H.5 USE OF AND PAYMENT TO
CONSULTANTS
(a) Consultant(s) hired to perform under this contract may be
compensated at a rate for time actually worked (e.g., amount per
day, per week, per month, etc.), or at a fixed price for performance
of a specific task, or at nominal compensation in accordance with
Contractor's policies. However, for the use and payment to
consultant(s) prior written approval must be obtained from the
Contracting Officer.
(b) The amount or rate of payment will be determined on a
case-by- case basis, taking into account (among any other relevant
factors) the relative importance of the duties to be performed, the
stature of the individual in his specialized field, comparable pay
for positions under the Classification Act or other Federal pay
systems, rates paid by private employers and rates previously paid
other experts or consultants for similar work.
(c) The contractor shall maintain a written report for the files
on the results on all consultations charged to the contract. This
report must include, as a minimum: (1) the consultant's name, dates,
hours and amounts charged to the contract; (2) the names of the
contractor's staff to whom the services are provided; and (3) the
results of the subject matter of the consultation.
H.6 UNEMPLOYMENT INSURANCE COST
Unemployment insurance costs shall be paid by the contractor as
they are incurred.
However, in the event billings for Unemployment Insurance costs
are received by the contractor after the expiration date of this
contract and the billings cover the period that this contract was
effective, the Government agrees to reimburse the contractor at the
same rate that would have been applicable had the cost been paid as
they were incurred.
H.7 ACCOUNTING AND AUDITING
SERVICES
(a) Accounting
The contractor may procure and utilize such accounting services as
are required to establish and maintain an accounting system which
reflect accurate, current and complete financial transactions and
which meet the standards of the Comptroller General of the United
States and the Department of Labor.
(b) Auditing
The contractor shall audit or have audited subcontractor financial
records as may be required to determine, at a minimum, the fiscal
integrity of financial transactions and compliance with laws,
regulations and administrative requirements.
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RFP DCS-99-45 Section H
The U.S. Department of Labor shall be responsible for scheduling
all audits of the prime contractor's books, documents, papers and
records. The Department will use its own audit resources or shall
use certified or public accountants under contract or auditors from
another Federal agency.
Cost of Accounting Services and Audit of subcontractors as
described herein are allowable cost under this contract. Costs for
audits for which the U.S. Department of Labor is responsible are
unallowable.
H.8 PRINTING
Unless otherwise specified in this contract, the contractor shall
not engage in, nor subcontract for, any printing (as that term is
defined in Title 1 of the Government Printing and Binding
Regulations in effect on the effective date of this contract) in
connection with the performance of work under this contract:
provided, however, that performance of a requirement under this
contract involving the reproduction of less than 5,000 production
units of any one page or less than 25,000 production units in the
aggregate of multiple pages, will not be deemed to be printing. A
production unit is defined as one sheet, size 8 by 11 inches, one
side only, one color.
H.9 KEY PERSONNEL
The personnel specified below or in attachment to this contract
are considered to be essential to the work being performed
hereunder. Prior to diverting any of the specified individuals to
other programs, the Contractor shall notify the Contracting Officer
reasonably in advance and shall submit justification (including
proposed substitutions) in sufficient detail to permit evaluation
of the impact on the program. No diversion shall be made by the
Contractor without the written consent of the Contracting Officer;
Provided, that the Contracting Officer may ratify in writing such
diversion and such ratification shall constitute the consent of the
Contracting Officer required by this clause. The below list or
attachment to this contract may be amended from time to time during
the course of the contract to either add or delete personnel, as
appropriate.
For the purpose of this contract, the key personnel positions are
identified below as:
(not specified)
-
-
-
-
-
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RFP DCS-99-45 Section H
H.10 CONTRACT NUMBER IDENTIFICATION
The Contractor agrees to utilize the number of this contract on
all correspondence, communications, reports, vouchers and such other
data concerning this contract or delivered hereunder.
H.11 SUBMISSION OF CORRESPONDENCE
All correspondence relating to contractual aspects shall be
directed to the Division of Acquisition and Assistance, Attention:
Division Chief.
H.12 OTHER CONTRACTORS
The Government may undertake or award other contracts for the
same, essentially similar, or related work, and the Contractor shall
fully cooperate with such other contractors and Government
employees. The Contractor shall not commit or permit any act which
will interfere with the performance of work by any other contractor
or by Government employees.
The foregoing paragraph shall be included in the contracts of all
Contractors with whom this Contractor will be required to cooperate.
The Government shall equitably enforce this clause as to all
contractors, to prevent the imposition of unreasonable burdens on
any contractor.
H.13 LAWS APPLICABLE
The contractor will perform its duties in accordance with the
applicable Act, and the regulations, procedures and standards
promulgated thereunder. The Contractor will comply with all
applicable Federal and State and Local laws, rules, and regulations
which deal with or relate to the employment of persons who perform
work or are trained under contract.
This contract in no way relieves the Contractor of responsibility
for compliance with the provisions of the Fair Labor Standards Act,
as amended.
H.14 DISPOSITION OF MATERIAL
Upon termination or completion of all work under this contract,
the Contractor shall prepare for shipment, deliver F0B destination,
or dispose of all materials received from the Government and all
residual materials produced in connection with the performance of
this contract as may be directed by Contracting Officer, or as
specified in other provisions of this contract. All materials
produced or required to be delivered under this contract become and
remain the property of the Government.
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RFP DCS-99-45 Section H
H.15 NONDISCRIMINATION AND EQUAL
EMPLOYMENT OPPORTUNITIES
(a) No person shall on the ground of race, religion, color,
handicap, national origin, sex, age, political affiliation, or
beliefs be excluded from participation in, be denied the benefits
of, or be subjected to discrimination under any program or activity
funded or otherwise financially assisted, in whole or in part with
funds made available hereunder. (b) In addition, this contract and
any subcontract hereunder is subjected to Title VI of the Civil
Rights Act of 1964 (78 Stat. 252) and the Regulations issued
thereunder and found at 29 CFR 31. The Contractor agrees that any
service, financial aid, or other benefit to be provided by it under
this contract shall be furnished without discrimination because of
race, color, sex, or national origin; and that his employment
practices shall be subject to the same restrictions to ensure
nondiscriminatory treatment of beneficiaries of assistance under the
Act.
H.16 FEDERAL REPORTS
In the event that it subsequently becomes a contractual
requirement to collect or record information calling for answers to
identical questions from 10 or more persons other than Federal
employees, or for information from Federal employees which is to be
used for statistical compilations of general public interest, the
Paperwork Reduction Act of 1980 and 5 CRF 1320 shall apply to this
contract. No plan, questionnaire, interview guide or similar device
for collecting formation (whether repetitive or single-time) may be
used without first obtaining clearance from the Office of Management
and Budget (OMB).
The contractor shall obtain the required OMB clearance through the
Project Officer before expending any funds or making public
contracts for the collection of data. The authority to expend funds
and to proceed with the collection of data shall be issued in
writing by the Contracting Officer.
H.17 DISCLOSURE OF CONFIDENTIAL
INFORMATION
The Contractor agrees to maintain the confidentiality of any
information regarding applicants, project participants or their
immediate families which may be obtained through application forms,
interviews, test reports from public agencies or counselors, or any
other source. Without the permission of the applicant or
participant, such information shall be divulged only as necessary
for purposes related to the performance or evaluation of the
contract and to persons having responsibilities under the contract,
including those furnishing services to the projects under
subcontracts.
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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.
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RFP DCS-99-45 Section H
(ii) Depict both men and women in art work on general
subject matters.
(iii) Show men and women in a variety of roles in
photographs, illustrations, and drawings.
-- Show women and men as managers and skilled laborers.
H.19 HAZARDOUS OCCUPATION ORDERS
The Contractor shall comply with the Hazardous Occupation Orders
issued pursuant to the Fair Labor Standards Act and set forth at 20
CFR 570.50 et seq. with respect to the employment of youths under 18
years of age and the Child Labor Standards of 29 CFR 570.31 et seq.
with respect to the employment of youths aged 14 and 15.
H.20 INSURANCE REQUIREMENTS (FAR-Subpart
28.3)
In accordance with the Federal Acquisition Regulation, 48 CFR,
Clause 52.228-7 entitled, "Insurance-Liability to Third Persons" the
following kinds and amounts of insurance must be procured and
maintained in force during the lifetime of the above numbered
contract.
A. Worker's Compensation - In the amounts required by State law
or the United States 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 Worker's Compensation law, and
other exclusions stated in the policy. The required coverage for
bodily injury shall be $200,000 per person and $500,000 per
occurrence.
E. Automobile Liability - The required coverage is $200,000 per
person and $500,000 per occurrence for bodily injury and $20,000 per
occurrence for property damage.
F. The policies evidencing such insurance as required under
this contract shall contain the following endorsement:
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"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/DAA
200 Constitution Ave., N.W.
Room S-4203
Washington, D.C. 20210
The types and minimum limits reflected above for vehicle insurance
shall apply to any vehicle operated or used in connection with
performance of official business under this contract. In the event
a privately-owned vehicle is used, the Government's share of
insurance premiums, including any additional coverage required to
conform with the above limits, shall be prorated in accordance with
the vehicle's actual use while conducting business under the terms
of this contract.
H.21 DATA COLLECTION FOR THE DEPARTMENT OF
LABOR
The Contractor shall be responsible for informing any grantee that
they have been requested to collect information for the Department
of Labor. The collection of such data shall be the responsibility
of the Contractor solely. The Contractor may request assistance
from ETA grantees in locating the data. However, the actual data
gathering must be done by the Contractor.
H.22 PERFORMANCE STANDARDS
The composition, workmanship, printing or reproduction and
substantive content of all reports, evaluations, charts, tables,
graphs, and other data to be furnished under this contract shall
strictly conform to the generally accepted quality standards of the
Contractor's profession and shall be suitable for dissemination and
use without revision, to DOL, other Government agencies and the
general public.
Reports shall include a complete disclosure of all data relevant
to the work performed, the techniques developed, the investigations
made, and shall be relevant to the materials studies and methods and
processes employed.
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RFP DCS-99-45 Section H
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.
H.24 PUBLICATION OF MATERIALS
The Contractor shall receive permission from the Contracting
Officer prior to publishing any works performed under this contract.
Further, the Contractor shall acknowledge the support of the
Department of Labor whenever publicizing any work performed under
this contract. To implement the foregoing, the Contractor shall
include in any publication resulting from work performed under this
contract, an acknowledgement substantially the same as follows:
"This project has been funded, either wholly or in part, with
Federal funds from the Department of Labor, Employment and Training
Administration under Contract Number the contents of this
publication do not necessarily reflect the views or policies of the
Department of Labor, nor does mention of trade names, commercial
products, or organizations imply endorsement of same by the U.S.
Government."
H.25 OPTION TO EXTEND THE TERMS OF THE
CONTRACT - SERVICE (FAR 17.208(g))
1. The Government may extend the terms of this contract by
written notice to the Contractor at least 60 calendar days before
the contract expires. This notice does not commit the Government to
an extension.
2. If the Government exercises this option, the extended
contract shall be considered to include this option provision.
3. The initial period of this contract may be extended by one
year, at estimated costs and indirect costs as follows:
Option
Year Estimated Cost Indirect Cost Total Estimated Cost
1 $.00 $.00 $.00
2 $.00 $.00 $.00
3 $.00 $.00 $.00
4 $.00 $.00 $.00
The total duration of this contract, including the exercise of any
options under this clause, shall not exceed 5 years.
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RFP DCS-99-45 Section H
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.
H.26 INDIRECT COSTS
In order to avoid major audit problems, disallowed costs, and to
receive timely reimbursement of indirect costs, contractors/grantees
should take those necessary steps to comply with this clause as well
as the critical timeframes for submission of indirect cost
proposals.
You are governed by one of the categories of cost principles listed
below. Please comply with your cost principles as appropriate to
your organization. (1) Federal Acquisition Regulation (FAR) Subparts
31 and 42 apply to private-for-profit contractors. (2) OMB Circular
A-87 applies to state and local governments and Federally-recognized
Indian Tribes. States receiving JTPA formula-allocated funds can
elect to waive A-87 coverage. (3) OMB Circulars A-21, A-88 and FAR
42.705-3 apply to educational institutions. (4) OMB Circular A-122
applies to nonprofit institutions excluding those addressed in the
preceding as well as hospitals.
The total amount of contract/grant funds will not be increased to
reimburse organizations for higher indirect cost rates than those
rates identified in this clause. Also, the contractor/grantee must
obtain approval from the Contract/Grant Officer to transfer funds
from other budget line items to the indirect cost budget line items
to accommodate higher indirect cost rates.
The foregoing does not relieve the contractor/grantee of any other
administrative cost limitations regarding the contract/grant.
Billing rates are only temporary for the 90 days period from the
effective date of your contract/grant. Failure to submit an
acceptable indirect cost proposal to your cognizant agency for
provisional rates within the aforementioned 90-day period means
that you shall not receive any further reimbursement of your
indirect billing rates until the provisional rate proposal is
received. Also, action may be taken to recoup all indirect costs
already paid to you.
A private-for-profit contractor is to submit an acceptable indirect
cost proposal for final rates to its cognizant agency within 90 days
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RFP DCS-99-45 Section H
after the end of its fiscal year. All other contractors/grantees
must submit their final rate proposals within 6 months after the end
of their fiscal year.
Block 1 or 2 is completed below as appropriate for affected new
contracts/grants or modifications.
BLOCK 1
Rate category: (check one) Your rates and bases are:
Billing Overhead
Provisional Base:
Final (And, if applicable)
See Attached Agreement General and Admin.
Other (Explain) Base:
Effective from to or if multi-year, please explain here:
BLOCK 2
(For special indirect cost ceilings)
Special percent ceiling is % for (usually overhead) and if
applicable, % for General and Administrative. Base:
OR
Special dollar ceiling is $ for (usually overhead) and if
applicable, $ for General and Administrative. Base:
Effective from to or if multi-year, please explain here:
If applicable for ceilings, please describe here any situation
whereby the bases in Block 2 above differ from the bases in Block 1
above. Also, the maximum reimbursement for indirect costs under
this contract/grant will be based on the lower of the negotiated
rates or ceilings.
If the Department of Labor (DOL) is your cognizant agency, proposals
for indirect cost rates and supporting data and documentation should
be sent to the DCD Negotiator in the appropriate DOL Regional Office
or if applicable, to the DCD 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, Division of Cost Determination (DCD)
U.S. Department of Labor, OASAM
200 Constitution Avenue, N.W., Room S-1506
Washington, D.C. 20210
Tel. (202) 219-8391
(End of Clause)
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RFP DCS-99-45 Section I
PART II - CONTRACT CLAUSES SECTION I - CONTRACT
CLAUSES I.1 NOTICE LISTING CONTRACT CLAUSES
INCORPORATED BY REFERENCE
The following contract clauses pertinent to this section are
hereby incorporated by reference (by Citation Number, Title, and
Date) in accordance with the clause at FAR "52.252-2 CLAUSES
INCORPORATED BY REFERENCE" in Section I of this contract. See FAR
52.252-2 for an internet address (if specified) for electronic
access to the full text of a clause.
NUMBER TITLE DATE
52.202-1 DEFINITIONS OCT
1995 52.203-3 GRATUITIES APR
1984 52.203-5 COVENANT AGAINST CONTINGENT FEES
APR 1984 52.203-6 RESTRICTIONS ON SUBCONTRACTOR
SALES TO JUL 1995 THE GOVERNMENT 52.203-7 ANTI-KICKBACK PROCEDURES
JUL 1995 52.203-8 CANCELLATION, RESCISSION, AND
RECOVERY JAN 1997 OF FUNDS FOR ILLEGAL OR
IMPROPER ACTIVITY 52.203-10 PRICE OR FEE ADJUSTMENT FOR
ILLEGAL OR JAN 1997 IMPROPER ACTIVITY 52.203-12 LIMITATION ON PAYMENTS TO
INFLUENCE JUN 1997 CERTAIN FEDERAL TRANSACTIONS 52.204-4 PRINTING/COPYING DOUBLE-SIDED ON
JUN 1996 RECYCLED PAPER 52.209-6 PROTECTING THE GOVERNMENT'S
INTEREST JUL 1995 WHEN SUBCONTRACTING WITH
CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED
FOR DEBARMENT 52.215-2 AUDIT AND RECORDS--NEGOTIATION
JUN 1999 52.215-8 ORDER OF PRECEDENCE--UNIFORM
CONTRACT OCT 1997 FORMAT 52.216-7 ALLOWABLE COST AND PAYMENT
APR 1998 52.216-8 FIXED-FEE MAR
1997 52.219-4 NOTICE OF PRICE EVALUATION
PREFERENCE JAN 1999 FOR HUBZONE SMALL BUSINESS
CONCERNS (JAN 1999) 52.219-8 UTILIZATION OF SMALL, SMALL
JUN 1999 DISADVANTAGED, AND WOMEN-OWNED
SMALL BUSINESS CONCERNS 52.219-9 SMALL BUSINESS SUBCONTRACTING
PLAN JAN 1999 ALTERNATE II (JAN 1999)
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RFP DCS-99-45 Section I
52.219-16 LIQUIDATED DAMAGES-SMALL
BUSINESS JAN 1999 SUBCONTRACTING PLAN 52.219-25 SMALL DISADVANTAGED BUSINESS
JAN 1999 PARTICIPATION
PROGRAM--DISADVANTAGED STATUS AND REPORTING 52.222-1 NOTICE TO THE GOVERNMENT OF
LABOR FEB 1997 DISPUTES 52.222-3 CONVICT LABOR AUG
1996 52.222-26 EQUAL OPPORTUNITY FEB
1999 52.222-35 AFFIRMATIVE ACTION FOR DISABLED
VETERANS APR 1998 AND VETERANS OF THE VIETNAM
ERA 52.222-36 AFFIRMATIVE ACTION FOR WORKERS
WITH JUN 1998 DISABILITIES 52.222-37 EMPLOYMENT REPORTS ON DISABLED
VETERANS JAN 1999 AND VETERANS OF THE VIETNAM
ERA 52.223-2 CLEAN AIR AND WATER APR
1984 52.223-6 DRUG-FREE WORKPLACE
JAN 1997 52.225-11 RESTRICTIONS ON CERTAIN FOREIGN
AUG 1998 PURCHASES 52.227-1 AUTHORIZATION AND CONSENT
JUL 1995 ALTERNATE I (APR 1984) 52.227-2 NOTICE AND ASSISTANCE REGARDING
PATENT AUG 1996 AND COPYRIGHT INFRINGEMENT 52.227-11 PATENT RIGHTS -- RETENTION BY THE
JUN 1997 CONTRACTOR (SHORT FORM) 52.227-14 RIGHTS IN DATA--GENERAL
JUN 1987 52.228-7 INSURANCE--LIABILITY TO THIRD
PERSONS MAR 1996 52.230-2 COST ACCOUNTING STANDARDS
APR 1998 52.230-6 ADMINISTRATION OF COST
ACCOUNTING APR 1996 STANDARDS 52.232-17 INTEREST JUN
1996 52.232-18 AVAILABILITY OF FUNDS APR
1984 52.232-22 LIMITATION OF FUNDS APR
1984 52.232-23 ASSIGNMENT OF CLAIMS JAN
1986 52.232-33 PAYMENT BY ELECTRONIC
FUNDS--CENTRAL MAY 1999 CONTRACTOR REGISTRATION 52.233-1 DISPUTES MAR
1994 ALTERNATE I (DEC 1991) 52.233-3 PROTEST AFTER AWARD
AUG 1996 ALTERNATE I (JUN 1985) 52.242-1 NOTICE OF INTENT TO DISALLOW COSTS
APR 1984 52.242-3 PENALTIES FOR UNALLOWABLE COSTS
OCT 1995 52.242-4 CERTIFICATION OF FINAL INDIRECT
COSTS JAN 1997 52.242-13 BANKRUPTCY JUL
1995 52.243-2 CHANGES--COST REIMBURSEMENT
AUG 1987 ALTERNATE V (APR 1984) 52.244-2 SUBCONTRACTS AUG
1998 ALTERNATE II (AUG 1998) 52.244-5 COMPETITION IN SUBCONTRACTING
DEC 1996 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 52.249-14 EXCUSABLE DELAYS APR
1984
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52.253-1 COMPUTER GENERATED FORMS
JAN 1991 I.2 52.217-8 OPTION TO EXTEND SERVICES (AUG
1989)
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 the period specified in the Schedule.
I.3 52.217-9 OPTION TO EXTEND THE TERM OF THE
CONTRACT (MAR 1989)
(a) The Government may extend the term of this contract by written
notice to the Contractor within 60 provided, that the Government
shall give the Contractor a preliminary written notice of its intent
to extend at least 60 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 provision.
(c) The total duration of this contract, including the exercise of
any options under this clause, shall not exceed 5.
I.4 52.219-23 NOTICE OF PRICE EVALUATION
ADJUSTMENT FOR SMALL DISADVANTAGED BUSINESS CONCERNS (OCT
1998) ALTERNATE I (OCT 1998)
(a) Definitions. As used in this clause--
Small disadvantaged business concern means an offeror that
represents, as part of its offer, that it is a small business under
the size standard applicable to this acquisition; and either--
(1) It has received certification by the Small Business
Administration as a small disadvantaged business concern consistent
with 13 CFR 124, Subpart B; and
(i) No material change in disadvantaged ownership and control
has occurred since its certification;
(ii) Where the concern is owned by one or more disadvantaged
individuals, the net worth of each individual upon whom the
certification is based does not exceed $750,000 after taking into
account the applicable exclusions set forth at 13 CFR 124.104(c)(2);
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RFP DCS-99-45 Section I
and
(iii) It is listed, on the date of its representation, on the
register of small disadvantaged business concerns maintained by the
Small Business Administration;
(2) It has submitted a completed application to the Small
Business Administration or a Private Certifier to be certified as a
small disadvantaged business concern in accordance with 13 CFR 124,
Subpart B, and a decision on that application is pending, and that
no material change in disadvantaged ownership and control has
occurred since its application was submitted. In this case, in order
to receive the benefit of a price evaluation adjustment, an offeror
must receive certification as a small disadvantaged business concern
by the Small Business Administration prior to contract award; or
(3) Is a joint venture as defined in 13 CFR 124.1002(f).
Historically black college or university means an institution
determined by the Secretary of Education to meet the requirements of
34 CFR 608.2. For the Department of Defense (DoD), the National
Aeronautics and Space Administration (NASA), and the Coast Guard,
the term also includes any nonprofit research institution that was
an integral part of such a college or university before November 14,
1986.
Minority institution means an institution of higher education
meeting the requirements of Section 1046(3) of the Higher Education
Act of 1965 (20 U.S.C. 1135d-5(3)) which, for purposes of this
clause, includes a Hispanic-serving institution of higher education
as defined in Section 316(b)(1) of the Act (20 U.S.C. 1059c(b)(1)).
United States means the United States, its territories and
possessions, the Commonwealth of Puerto Rico, the U.S. Trust
Territory of the Pacific Islands, and the District of Columbia.
(b) Evaluation adjustment. (1) Offers will be evaluated by adding
a factor of 10 percent to the price of all offers, except--
(i) Offers from small disadvantaged business concerns that
have not waived the adjustment;
(ii) For DOD, NASA, and Coast Guard acquisitions, otherwise
successful offers from historically black colleges or universities
or minority institutions;
(iii) Otherwise successful offers of eligible products under
the Trade Agreements Act when the dollar threshold for application
of the Act is equaled or exceeded (see section 25.402 of the Federal
Acquisition Regulation (FAR));
(iv) Otherwise successful offers where application of the
factor would be inconsistent with a Memorandum of Understanding or
other international agreement with a foreign government; and
(v) For DOD acquisitions, otherwise successful offers of
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RFP DCS-99-45 Section I
qualifying country end products (see sections 225.000-70 and
252.225-7001 of the Defense FAR Supplement).
(2) The factor shall be applied on a line item basis or to any
group of items on which award may be made. Other evaluation factors
described in the solicitation shall be applied before application of
the factor. The factor may not be applied if using the adjustment
would cause the contract award to be made at a price that exceeds
the fair market price by more than the factor in paragraph (b)(1) of
this clause.
(c) Waiver of evaluation adjustment. A small disadvantaged
business concern may elect to waive the adjustment, in which case
the factor will be added to its offer for evaluation purposes. The
agreements in paragraph (d) of this clause do not apply to offers
that waive the adjustment.
[ ] Offeror elects to waive the adjustment.
(d) Agreements. (1) A small disadvantaged business concern, that
did not waive the adjustment, agrees that in performance of the
contract, in the case of a contract for --
(i) Services, except construction, at least 50 percent of the
cost of personnel for contract performance will be spent for
employees of the concern;
(ii) Supplies (other than procurement from a nonmanufacturer
of such supplies), at least 50 percent of the cost of manufacturing,
excluding the cost of materials, will be performed by the concern;
(iii) General construction, at least 15 percent of the cost of
the contract, excluding the cost of materials, will be performed by
employees of the concern; or
(iv) Construction by special trade contractors, at least 25
percent of the cost of the contract, excluding the cost of
materials, will be performed by employees of the concern.
(2) A small disadvantaged business concern submitting an offer
in its own name agrees to furnish in performing this contract only
end items manufactured or produced by small business concerns in the
United States. This paragraph does not apply in connection with
construction or service contracts.
I.5 52.227-23 RIGHTS TO PROPOSAL DATA
(TECHNICAL) (JUN 1987)
Except for data contained on pages , it is agreed that as a
condition of award of this contract, and notwithstanding the
conditions of any notice appearing thereon, the Government shall
have unlimited rights (as defined in the "Rights in Data--General"
clause contained in this contract) in and to the technical data
contained in the proposal dated upon which this contract is based.
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RFP DCS-99-45 Section I
I.6 52.232-25 PROMPT PAYMENT (JUN 1997)
Notwithstanding any other payment clause in this contract, the
Government will make invoice payments and contract financing
payments under the terms and conditions specified in this clause.
Payment shall be considered as being made on the day a check is
dated or the date of an electronic funds transfer. Definitions of
pertinent terms are set forth in section 32.902 of the Federal
Acquisition Regulation. All days referred to in this clause are
calendar days, unless otherwise specified. (However, see
subparagraph (a)(4) of this clause concerning payments due on
Saturdays, Sundays, and legal holidays.)
(a) Invoice payments (1) Due Date. (i) Except as indicated in
subparagraph (a)(2) and paragraph (c) of this clause, the due date
for making invoice payments by the designated payment office shall
be the later of the following two events:
(A) The 30th day after the designated billing office has
received a proper invoice from the Contractor (except as provided in
subdivision (a)(1)(ii) of this clause).
(B) The 30th day after Government acceptance of supplies
delivered or services performed by the Contractor. On a final
invoice where the payment amount is subject to contract settlement
actions, acceptance shall be deemed to have occurred on the
effective date of the contract settlement.
(ii) If the designated billing office fails to annotate the
invoice with the actual date of receipt at the time of receipt, the
invoice payment due date shall be the 30th day after the date of the
Contractor's invoice; provided a proper invoice is received and
there is no disagreement over quantity, quality, or Contractor
compliance with contract requirements.
(2) Certain food products and other payments. (i) Due dates on
Contractor invoices for meat, meat food products, or fish;
perishable agricultural commodities; and dairy products, edible fats
or oils, and food products prepared from edible fats or oils are--
(A) For meat or meat food products, as defined in section
2(a)(3) of the Packers and Stockyard Act of 1921 (7 U.S.C. 182(3)),
and as further defined in Pub. L. 98-181, including any edible fresh
or frozen poultry meat, any perishable poultry meat food product,
fresh eggs, and any perishable egg product, as close as possible to,
but not later than, the 7th day after product delivery.
(B) For fresh or frozen fish, as defined in section 204(3)
of the Fish and Seafood Promotion Act of 1986 (16 U.S.C. 4003(3)),
as close as possible to, but not later than, the 7th day after
product delivery.
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RFP DCS-99-45 Section I
(C) For perishable agricultural commodities, as defined in
section 1(4) of the Perishable Agricultural Commodities Act of 1930
(7 U.S.C. 499a(4)), as close as possible to, but not later than, the
10th day after product delivery, unless another date is specified in
the contract.
(D) For dairy products, as defined in section 111(e) of the
Dairy Production Stabilization Act of 1983 (7 U.S.C. 4502(e)),
edible fats or oils, and food products prepared from edible fats or
oils, as close as possible to, but not later than, the 10th day
after the date on which a proper invoice has been received. Liquid
milk, cheese, certain processed cheese products, butter, yogurt, ice
cream, mayonnaise, salad dressings, and other similar products, fall
within this classification. Nothing in the Act limits this
classification to refrigerated products. When questions arise
regarding the proper classification of a specific product,
prevailing industry practices will be followed in specifying a
contract payment due date. The burden of proof that a classification
of a specific product is, in fact, prevailing industry practice is
upon the Contractor making the representation.
(ii) If the contract does not require submission of an invoice
for payment (e.g., periodic lease payments), the due date will be as
specified in the contract.
(3) Contractor's invoice. The Contractor shall prepare and
submit invoices to the designated billing office specified in the
contract. A proper invoice must include the items listed in
paragraph (a)(3)(i) through (a)(3)(viii) of this clause. If the
invoice does not comply with these requirements, it shall be
returned within 7 days after the date the designated billing office
received the invoice (3 days for meat, meat food products, or fish;
5 days for perishable agricultural commodities, edible fats or oils,
and food products prepared from edible fats or oils), with a
statement of the reasons why it is not a proper invoice. Untimely
notification will be taken into account in computing any interest
penalty owed the Contractor in the manner described in subparagraph
(a)(5) of this clause.
(i) Name and address of the Contractor.
(ii) Invoice date. (The Contractor is encouraged to date
invoices as close as possible to the date of the mailing or
transmission.)
(iii) Contract number or other authorization for supplies
delivered or services performed (including order number and contract
line item number).
(iv) Description, quantity, unit of measure, unit price, and
extended price of supplies delivered or services performed.
(v) Shipping and payment terms (e.g., shipment number and date
of shipment, prompt payment discount terms). Bill of lading number
and weight of shipment will be shown for shipments on Government
bills of lading.
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(vi) Name and address of Contractor official to whom payment
is to be sent (must be the same as that in the contract or in a
proper notice of assignment).
(vii) Name (where practicable), title, phone number, and
mailing address of person to be notified in the event of a defective
invoice.
(viii) Any other information or documentation required by the
contract (such as evidence of shipment).
(ix) While not required, the Contractor is strongly encouraged
to assign an identification number to each invoice.
(4) Interest penalty. An interest penalty shall be paid
automatically by the designated payment office, without request from
the Contractor, if payment is not made by the due date and the
conditions listed in paragraphs (a)(4)(i) through (a)(4)(iii) of
this clause are met, if applicable. However, when the due date falls
on a Saturday, Sunday, or legal holiday when Federal Government
offices are closed and Government business is not expected to be
conducted, payment may be made on the following business day without
incurring a late payment interest penalty.
(i) A proper invoice was received by the designated billing
office.
(ii) A receiving report or other Government documentation
authorizing payment was processed, and there was no disagreement
over quantity, quality, or Contractor compliance with any contract
term or condition.
(iii) In the case of a final invoice for any balance of funds
due the Contractor for supplies delivered or services performed, the
amount was not subject to further contract settlement actions
between the Government and the Contractor.
(5) Computing penalty amount. The interest penalty shall be at
the rate established by the Secretary of the Treasury under section
12 of the Contract Disputes Act of 1978 (41 U.S.C. 611) that is in
effect on the day after the due date, except where the interest
penalty is prescribed by other governmental authority (e.g.,
tariffs). This rate is referred to as the "Renegotiation Board
Interest Rate," and it is published in the Federal Register
semiannually on or about January 1 and July 1. The interest penalty
shall accrue daily on the invoice principal payment amount approved
by the Government until the payment date of such approved principal
amount; and will be compounded in 30-day increments inclusive from
the first day after the due date through the payment date. That is,
interest accrued at the end of any 30-day period will be added to
the approved invoice principal payment amount and will be subject to
interest penalties if not paid in the succeeding 30-day period. If
the designated billing office failed to notify the Contractor of a
defective invoice within the periods prescribed in subparagraph
(a)(3) of this clause, the due date on the corrected invoice will be
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RFP DCS-99-45 Section I
adjusted by subtracting from such date the number of days taken
beyond the prescribed notification of defects period. Any interest
penalty owed the Contractor will be based on this adjusted due date.
Adjustments will be made by the designated payment office for errors
in calculating interest penalties.
(i) For the sole purpose of computing an interest penalty that
might be due the Contractor, Government acceptance shall be deemed
to have occurred constructively on the 7th (unless otherwise
specified in this contract) after the Contractor delivered the
supplies or performed the services in accordance with the terms and
conditions of the contract, unless there is a disagreement over
quantity, quality, or Contractor compliance with a contract
provision. In the event that actual acceptance occurs within the
constructive acceptance period, the determination of an interest
penalty shall be based on the actual date of acceptance. The
constructive acceptance requirement does not, however, compel
Government officials to accept supplies or services, perform
contract administration functions, or make payment prior to
fulfilling their responsibilities.
(ii) The following periods of time will not be included in the
determination of an interest penalty:
(A) The period taken to notify the Contractor of defects in
invoices submitted to the Government, but this may not exceed 7 days
(3 days for meat, meat food products, or fish; 5 days for perishable
agricultural commodities, dairy products, edible fats or oils, and
food products prepared from edible fats or oils).
(B) The period between the defects notice and resubmission
of the corrected invoice by the Contractor.
(C) For incorrect electronic funds transfer (EFT)
information, in accordance with the EFT clause of this contract.
(iii) Interest penalties will not continue to accrue after the
filing of a claim for such penalties under the clause at 52.233-1,
Disputes, or for more than 1 year. Interest penalties of less than
$1 need not be paid.
(iv) Interest penalties are not required on payment delays due
to disagreement between the Government and the Contractor over the
payment amount or other issues involving contract compliance or on
amounts temporarily withheld or retained in accordance with the
terms of the contract. Claims involving disputes, and any interest
that may be payable, will be resolved in accordance with the clause
at 52.233-1, Disputes.
(6) Prompt payment discounts. An interest penalty also shall be
paid automatically by the designated payment office, without request
from the Contractor, if a discount for prompt payment is taken
improperly. The interest penalty will be calculated as described in
subparagraph (a)(5) of this clause on the amount of discount taken
for the period beginning with the first day after the end of the
discount period through the date when the Contractor is paid.
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(7) Additional interest penalty. (i) a penalty amount,
calculated in accordance with paragraph (a)(7)(iii) of this clause,
shall be paid in addition to the interest penalty amount if the
Contractor--
(A) Is owed an interest penalty of $1 or more;
(B) Is not paid the interest penalty within 10 days after
the date the invoice amount is paid; and
(C) Makes a written demand to the designated payment office
for additional penalty payment, in accordance with paragraph
(a)(7)(ii) of this clause, postmarked not later than 40 days after
the invoice amount is paid.
(ii)(A) Contractors shall support written demands for
additional penalty payments with the following data. No additional
data shall be required. Contractors shall--
(1) Specifically assert that late payment interest is due
under a specific invoice, and request payment of all overdue late
payment interest penalty and such additional penalty as may be
required;
(2) Attach a copy of the invoice on which the unpaid late
payment interest was due; and
(3) State that payment of the principal has been received,
including the date of receipt.
(B) Demands must be postmarked on or before the 40th day
after payment was made, except that--
(1) If the postmark is illegible or nonexistent, the
demand must have been received and annotated with the date of
receipt by the designated payment office on or before the 40th day
after payment was made; or
(2) If the postmark is illegible or nonexistent and the
designated payment office fails to make the required annotation, the
demand's validity will be determined by the date the Contractor has
placed on the demand; provided such date is no later than the 40th
day after payment was made.
(iii)(A) The additional penalty shall be equal to 100 percent of
any original late payment interest penalty, except--
(1) The additional penalty shall not exceed $5,000;
(2) The additional penalty shall never be less than $25; and
(3) No additional penalty is owed if the amount of the
underlying interest penalty is less than $1.
(B) If the interest penalty ceases to accrue in accordance
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RFP DCS-99-45 Section I
with the limits stated in paragraph (a)(5)(iii) of this clause, the
amount of the additional penalty shall be calculated on the amount
of interest penalty that would have accrued in the absence of these
limits, subject to the overall limits on the additional penalty
specified in paragraph (a)(7)(iii)(A) of this clause.
(C) For determining the maximum and minimum additional
penalties, the test shall be the interest penalty due on each
separate payment made for each separate contract. The maximum and
minimum additional penalty shall not be based upon individual
invoices unless the invoices are paid separately. Where payments are
consolidated for disbursing purposes, the maximum and minimum
additional penalty determination shall be made separately for each
contract therein.
(D) The additional penalty does not apply to payments
regulated by other Government regulations (e.g., payments under
utility contracts subject to tariffs and regulation).
(b) Contract financing payments--(1) Due dates for recurring
financing payments. If this contract provides for contract
financing, requests for payment shall be submitted to the designated
billing office as specified in this contract or as directed by the
Contracting Officer. Contract financing payments shall be made on
the 30th day after receipt of a proper contract financing request by
the designated billing office. In the event that an audit or other
review of a specific financing request is required to ensure
compliance with the terms and conditions of the contract, the
designated payment office is not compelled to make payment by the
due date specified.
(2) Due dates for other contract financing. For advance
payments, loans, or other arrangements that do not involve recurring
submissions of contract financing requests, payment shall be made in
accordance with the corresponding contract terms or as directed by
the Contracting Officer.
(3) Interest penalty not applicable. Contract financing payments
shall not be assessed an interest penalty for payment delays.
(c) Fast payment procedure due dates. If this contract contains
the clause at 52.213-1, Fast Payment Procedure, payments will be
made within 15 days after the date of receipt of the invoice.
I.7 52.243-7 NOTIFICATION OF CHANGES (APR
1984)
(a) Definitions. "Contracting Officer," as used in this clause,
does not include any representative of the Contracting Officer.
"Specificially Authorized Representative (SAR)," as used in this
clause, means any person the Contracting Officer has so designated
by written notice (a copy of which shall be provided to the
Contractor) which shall refer to this subparagraph and shall be
issued to the designated representative before the SAR exercises
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RFP DCS-99-45 Section I
such authority.
(b) Notice. The primary purpose of this clause is to obtain
prompt reporting of Government conduct that the Contractor considers
to constitute a change to this contract. Except for changes
identified as such in writing and signed by the Contracting Officer,
the Contractor shall notify the Administrative Contracting Officer
in writing promptly, within 15 calendar days from the date that the
Contractor identifies any Government conduct (including actions,
inactions, and written or oral communications) that the Contractor
regards as a change to the contract terms and conditions. On the
basis of the most accurate information available to the Contractor,
the notice shall state--
(1) The date, nature, and circumstances of the conduct regarded
as a change;
(2) The name, function, and activity of each Government
individual and Contractor official or employee involved in or
knowledgeable about such conduct;
(3) The identification of any documents and the substance of any
oral communication involved in such conduct;
(4) In the instance of alleged acceleration of scheduled
performance or delivery, the basis upon which it arose;
(5) The particular elements of contract performance for which
the Contractor may seek an equitable adjustment under this clause,
including--
(i) What contract line items have been or may be affected by
the alleged change;
(ii) What labor or materials or both have been or may be
added, deleted, or wasted by the alleged change;
(iii) To the extent practicable, what delay and disruption in
the manner and sequence of performance and effect on continued
performance have been or may be caused by the alleged change;
(iv) What adjustments to contract price, delivery schedule,
and other provisions affected by the alleged change are estimated;
and
(6) The Contractor's estimate of the time by which the
Government must respond to the Contractor's notice to minimize cost,
delay or disruption of performance.
(c) Continued performance. Following submission of the notice
required by (b) above, the Contractor shall diligently continue
performance of this contract to the maximum extent possible in
accordance with its terms and conditions as construed by the
Contractor, unless the notice reports a direction of the Contracting
Officer or a communication from a SAR of the Contracting Officer, in
either of which events the Contractor shall continue performance;
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RFP DCS-99-45 Section I
provided, however, that if the Contractor regards the direction or
communication as a change as described in (b) above, notice shall be
given in the manner provided. All directions, communications,
interpretations, orders and similar actions of the SAR shall be
reduced to writing promptly and copies furnished to the Contractor
and to the Contracting Officer. The Contracting Officer shall
promptly countermand any action which exceeds the authority of the
SAR.
(d) Government response. The Contracting Officer shall promptly,
within 15 calendar days after receipt of notice, respond to the
notice in writing. In responding, the Contracting Officer shall
either--
(1) Confirm that the conduct of which the Contractor gave notice
constitutes a change and when necessary direct the mode of further
performance;
(2) Countermand any communication regarded as a change;
(3) Deny that the conduct of which the Contractor gave notice
constitutes a change and when necessary direct the mode of further
performance; or
(4) In the event the Contractor's notice information is
inadequate to make a decision under (1), (2), or (3) above, advise
the Contractor what additional information is required, and
establish the date by which it should be furnished and the date
thereafter by which the Government will respond.
(e) Equitable adjustments. (1) If the Contracting Officer
confirms that Government conduct effected a change as alleged by the
Contractor, and the conduct causes an increase or decrease in the
Contractor's cost of, or the time required for, performance of any
part of the work under this contract, whether changed or not changed
by such conduct, an equitable adjustment shall be made--
(i) In the contract price or delivery schedule or both; and
(ii) In such other provisions of the contract as may be
affected.
(2) The contract shall be modified in writing accordingly. In
the case of drawings, designs or specifications which are defective
and for which the Government is responsible, the equitable
adjustment shall include the cost and time extension for delay
reasonably incurred by the Contractor in attempting to comply with
the defective drawings, designs or specifications before the
Contractor identified, or reasonably should have identified, such
defect. When the cost of property made obsolete or excess as a
result of a change confirmed by the Contracting Officer under this
clause is included in the equitable adjustment, the Contracting
Officer shall have the right to prescribe the manner of disposition
of the property. The equitable adjustment shall not include
increased costs or time extensions for delay resulting from the
Contractor's failure to provide notice or to continue performance as
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RFP DCS-99-45 Section I
provided, respectively, in (b) and (c) above.
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.gsa.gov
I.9 52.219-23 Notice of Price Evaluation Adjustment
for
Small Disadvantaged Business Concerns (Oct 1998).
(a) Definitions. As used in this clause.
Small disadvantaged business concern means an offeror that
represents, as part of its offer, that it is a small business under
the size standard applicable to this acquisition; and either.
(1) It has received certification by the Small Business
Administration as a small disadvantaged business concern consistent
with 13 CFR 124, Subpart B; and
(i) No material change in disadvantaged ownership and control has
occurred since its certification;
(ii) Where the concern is owned by one or more disadvantaged
individuals, the net worth of each individual upon whom the
certification is based does not exceed $750,000 after taking into
account the applicable exclusions set forth at 13 CFR 124.104(c)(2);
and
(iii) It is listed, on the date of its representation, on the
register of small disadvantaged business concerns maintained by the
Small Business Administration;
(2) It has submitted a completed application to the Small Business
Administration or a Private Certifier to be certified as a small
disadvantaged business concern in accordance with 13 CFR 124,
Subpart B, and a decision on that application is pending, and that
no material change in disadvantaged ownership and control has
occurred since its application was submitted. In this case, in
order to receive the benefit of a price evaluation adjustment, an
offeror must receive certification as a small disadvantaged business
concern by the Small Business Administration prior to contract
award; or
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RFP DCS-99-45 Section I
(3) Is a joint venture as defined in 13 CFR 124.1002(f).
Historically black college or university means an institution
determined by the Secretary of Education to meet the requirements of
34 CFR 608.2. For the Department of Defense (DoD), the National
Aeronautics and Space Administration (NASA), and the Coast Guard,
the term also includes any nonprofit research institution that was
an integral part of such a college or university before November 14,
1986.
Minority institution means an institution of higher education
meeting the requirements of Section 1046(3) of the Higher Education
Act of 1965 (20 U.S.C. 1135d-5(3)) which, for purposes of this
clause, includes a Hispanic-serving institution of higher education
as defined in Section 316(b)(1) of the Act (20 U.S.C. 1059c(b)(1)).
United States means the United States, its territories and
possessions, the Commonwealth of Puerto Rico, the U.S. Trust
Territory of the Pacific Islands, and the District of Columbia.
(b) Evaluation adjustment. (1) Offers will be evaluated by adding a
factor of 10% [percentage to be inserted by the contracting officer]
percent to the price of all offers, except.
(i) Offers from small disadvantaged business concerns that have not
waived the adjustment;
(ii) For DOD, NASA, and Coast Guard acquisitions, otherwise
successful offers from historically black colleges or universities
or minority institutions;
(iii) Otherwise successful offers of eligible products under the
Trade Agreements Act when the dollar threshold for application of
the Act is equaled or exceeded (see section 25.402 of the Federal
Acquisition Regulation (FAR));
(iv) Otherwise successful offers where application of the factor
would be inconsistent with a Memorandum of Understanding or other
international agreement with a foreign government; and
(v) For DOD acquisitions, otherwise successful offers of qualifying
country end products (see sections 225.000-70 and 252.225-7001 of
the Defense FAR Supplement).
(2) The factor shall be applied on a line item basis or to any group
of items on which award may be made. Other evaluation factors
described in the solicitation shall be applied before application of
the factor. The factor may not be applied if using the adjustment
would cause the contract award to be made at a price that exceeds
the fair market price by more than the factor in paragraph (b)(1) of
this clause.
(c) Waiver of evaluation adjustment. A small disadvantaged
business concern may elect to waive the adjustment, in which case
the factor will be added to its offer for evaluation purposes. The
agreements in paragraph (d) of this clause do not apply to offers
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RFP DCS-99-45 Section I
that waive the adjustment.
___Offeror elects to waive the adjustment.
(d) Agreements. (1) A small disadvantaged business concern, that
did not waive the adjustment, agrees that in performance of the
contract, in the case of a contract for.
(i) Services, except construction, at least 50 percent of the cost
of personnel for contract performance will be spent for employees of
the concern;
(ii) Supplies (other than procurement from a nonmanufacturer of such
supplies), at least 50 percent of the cost of manufacturing,
excluding the cost of materials, will be performed by the concern;
(iii) General construction, at least 15 percent of the cost of the
contract, excluding the cost of materials, will be performed by
employees of the concern; or
(iv) Construction by special trade contractors, at least 25 percent
of the cost of the contract, excluding the cost of materials, will
be performed by employees of the concern.
(2) A small disadvantaged business concern submitting an offer in
its own name agrees to furnish in performing this contract only end
items manufactured or produced by small disadvantaged business
concerns in the United States. This paragraph does not apply in
connection with construction or service contracts.
(End of clause)
I.10 52.219-24 Small Disadvantaged Business
Participation
Program. Targets (Jan 1999)
(a) This solicitation contains a source selection factor or
subfactor related to the participation of small disadvantaged
business (SDB) concerns in the contract. Credit under that
evaluation factor or subfactor is not available to an SDB concern
that qualifies for a price evaluation adjustment under the clause at
FAR 52.219-23, Notice of Price Evaluation Adjustment for Small
Disadvantaged Business Concerns, unless the SDB concern specifically
waives the price evaluation adjustment.
(b) In order to receive credit under the source selection factor or
subfactor, the offeror must provide, with its offer, targets,
expressed as dollars and percentages of total contract value, for
SDB participation in any of the Standard Industrial Classification
(SIC) Major Groups as determined by the Department of Commerce. The
targets may provide for participation by a prime contractor, joint
venture partner, teaming arrangement member, or subcontractor;
however, the targets for subcontractors must be listed separately.
(End of provision)
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RFP DCS-99-45 Section I
I.11 52.219-25 Small Disadvantaged Business
Participation
Program. Disadvantaged Status and Reporting (Jan 1999).
(a) Disadvantaged status for joint venture partners, team members,
and subcontractors. This clause addresses disadvantaged status for
joint venture partners, teaming arrangement members, and
subcontractors and is applicable if this contract contains small
disadvantaged business (SDB) participation targets. The Contractor
shall obtain representations of small disadvantaged status from
joint venture partners, teaming arrangement members, and
subcontractors through use of a provision substantially the same as
paragraph (b)(1)(i) of the provision at FAR 52.219-22, Small
Disadvantaged Business Status. The Contractor shall confirm that a
joint venture partner, team member, or subcontractor representing
itself as a small disadvantaged business concern is included in the
SBA's on-line list of SDBs at http://www.sba.gov or by contacting
the SBA's Office of Small Disadvantaged Business Certification and
Eligibility.
(b) Reporting requirement. If this contract contains SDB
participation targets, the Contractor shall report on the
participation of SDB concerns at contract completion, or as
otherwise provided in this contract. Reporting may be on Optional
Form 312, Small Disadvantaged Business Participation Report, or in
the Contractor's own format providing the same information. This
report is required for each contract containing SDB participation
targets. If this contract contains an individual Small, Small
Disadvantaged and Women-Owned Small Business Subcontracting Plan,
reports may be submitted with the final Subcontracting Report for
Individual Contracts (Standard Form 294) at the completion of the
contract.
(End of clause)
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RFP DCS-99-45 Section J
PART III - LIST OF DOCUMENTS, EXHIBITS AND
OTHER ATTACHMENTS SECTION J - LIST OF
ATTACHMENTS
ATTACHMENT NO.
NUMBER TITLE DATE PAGES
J.1 CONTRACT PRICING PROPOSAL COVER SHEET,
SF 1411, (9 PAGES) J.2 COST AND PRICE ANALYSIS, ETA 8555, (8
PAGES) J.3 STATEMENT OF FINANCIAL CAPABILITY, ETA
8554, (2 PAGES) J.4 COST CONTRACTOR'S INVOICE, ETA 3100-1 (1
PAGE) J.5 COST CONTRACTOR'S DETAILED STATEMENT
OF
COST, ETA 3-2 (1 PAGE)
J.6 PAST PERFORMANCE EVALUATION
QUESTIONNAIRE (2 PAGES) J.7 CLIENT AUTHORIZATION INFORMATION (3
pages) J.8 VETS-100 - FEDERAL CONTRACTOR VETERANS
EMPLOYMENT
REPORT, OMB 1293-0005 (2 PAGES)
J.9 TABLE 3 - ANNUAL NUMBER OF TERMINATING
MALE STUDENTS BY
REGION FOR PROGRAM YEAR 1997 (1 PAGE)
J.10 TABLE 4 - CURRENT CENTERS WITH CONTRACT
SUPPORT STAFF
LOCATION NUMBER OF STUDENTS (FEMALES/MALES) (3PAGES)
J.11 ORAL PRESENTATION QUESTIONNAIRE (2
PAGES)
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RFP DCS-99-45 Section K
PART IV - REPRESENTATIONS AND
INSTRUCTIONS SECTION K - REPRESENTATIONS,
CERTIFICATIONS AND OTHER STATEMENTS OF
OFFERORS K.1 NOTICE LISTING SOLICITATION PROVISIONS
INCORPORATED BY REFERENCE
The following solicitation provisions pertinent to this
section are hereby incorporated by reference (by Citation Number,
Title, and Date) in accordance with the FAR provision at FAR
"52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE" in
Section L of this solicitation. See FAR 52.252-1 for an internet
address (if specified) for electronic access to the full text of a
provision.
NUMBER TITLE DATE
52.203-11 CERTIFICATION AND DISCLOSURE
REGARDING APR 1991 PAYMENTS TO INFLUENCE CERTAIN
FEDERAL TRANSACTIONS 52.222-21 PROHIBITION OF SEGREGATED
FACILITIES FEB 1999 (FEB 1999) 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.
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RFP DCS-99-45 Section K
(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---------------------------------------------------------------
----
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RFP DCS-99-45 Section K
TIN----------------------------------------------------------------
----
K.3 52.204-5 WOMEN-OWNED BUSINESS (OTHER
THAN SMALL BUSINESS)
(MAY 1999)
(a) Definition. Women-owned business concern, as used in this
provision, means a concern that is at least 51 percent owned by one
or more women; or in the case of any publicly owned business, at
least 51 percent of its stock is owned by one or more women; and
whose management and daily business operations are controlled by one
or more women.
(b) Representation. [Complete only if the offeror is a women-
owned business concern and has not represented itself as a small
business concern in paragraph (b)(1) of FAR 52.219-1, Small Business
Program Representations, of this solicitation.] The offeror
represents that it [ ] is, [ ] is not a women-owned business
concern.
K.4 52.209-5 CERTIFICATION REGARDING
DEBARMENT, SUSPENSION, PROPOSED DEBARMENT, AND OTHER
RESPONSIBILITY MATTERS (MAR 1996)
(a)(1) The Offeror certifies, to the best of its knowledge and
belief, that -
(i) The Offeror and/or any of its Principals -
(A) Are [ ] are not [ ] presently debarred, suspended,
proposed for debarment, or declared ineligible for the award of
contracts by any Federal agency;
(B) Have [ ] have not [ ], within a 3-year period
preceding this offer, been convicted of or had a civil judgment
rendered against them for: commission of fraud or a criminal
offense in connection with obtaining, attempting to obtain, or
performing a public (Federal, state, or local) contract or
subcontract; violation of Federal or state antitrust statutes
relating to the submission of offers; or commission of embezzlement,
theft, forgery, bribery, falsification or destruction of records,
making false statements, tax evasion or receiving stolen property;
and
(C) Are [ ] are not [ ] presently indicted for, or
otherwise criminally or civilly charged by a governmental entity
with, commission of any of the offenses enumerated in subdivision
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(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.
K.5 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.
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(b) If the offeror or respondent checks "intends" in paragraph (a)
of this provision, it shall insert in the following spaces the
required information:
------------------------------------------------------------------------
Place of performance (street | Name and address of owner and
(street address, city, state, | operator of the plant or facility
county, code) | if other than offeror or respondent
------------------------------------------------------------------------
___________________________________|__________________________________
___________________________________|__________________________________
___________________________________|__________________________________
___________________________________|__________________________________
___________________________________|__________________________________
___________________________________|__________________________________
___________________________________|__________________________________
___________________________________|__________________________________
___________________________________|__________________________________
------------------------------------------------------------------------
K.6 52.219-1 SMALL BUSINESS PROGRAM
REPRESENTATIONS (MAY 1999)
(a)(1) The standard industrial classification (SIC) code for this
acquisition is 8744.
(2) The small business size standard is $5 million [average
annual receipts for 3 preceding fiscal yrs].
(3) The small business size standard for a concern which submits
an offer in its own name, other than on a construction or service
contract, but which proposes to furnish a product which it did not
itself manufacture, is 500 employees.
(b) Representations. (1) The offeror represents as part of its
offer that it [ ] is, [ ] is not a small business concern.
(2) (Complete only if the offeror represented itself as a small
business concern in paragraph (b)(1) of this provision.) The offeror
represents, for general statistical purposes, that it [ ] is, [ ]
is not, a small disadvantaged business concern as defined in 13 CFR
124.1002.
(3) (Complete only if the offeror represented itself as a small
business concern in paragraph (b)(1) of this provision.) The offeror
represents as part of its offer that it [ ] is, [ ] is not a
women-owned small business concern.
(c) Definitions.
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"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.
"Women-owned small business concern", as used in this provision,
means a small business concern--
(1) Which is at least 51 percent owned by one or more women or,
in the case of any publicly owned business, at least 51 percent of
the stock of which is owned by one or more women; and
(2) Whose management and daily business operations are
controlled by one or more women.
(d) Notice. (1) If this solicitation is for supplies and has been
set aside, in whole or in part, for small business concerns, then
the clause in this solicitation providing notice of the set-aside
contains restrictions on the source of the end items to be
furnished.
(2) Under 15 U.S.C. 645(d), any person who misrepresents a
firm's status as a small, small disadvantaged, or women-owned small
business concern in order to obtain a contract to be awarded under
the preference programs established pursuant to section 8(a), 8(d),
9, or 15 of the Small Business Act or any other provision of Federal
law that specifically references section 8(d) for a definition of
program eligibility, shall--
(i) Be punished by imposition of fine, imprisonment, or both;
(ii) Be subject to administrative remedies, including
suspension and debarment; and
(iii) Be ineligible for participation in programs conducted
under the authority of the Act.
K.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;
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and
(c) Representations indicating submission of required compliance
reports, signed by proposed subcontractors, will be obtained before
subcontract awards.
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.
K.9 52.223-1 CLEAN AIR AND WATER
CERTIFICATION (APR 1984)
The Offeror certifies that--
(a) Any facility to be used in the performance of this proposed
contract is [ ], is not [ ] listed on the Environmental Protection
Agency (EPA) List of Violating Facilities;
(b) The Offeror will immediately notify the Contracting Officer,
before award, of the receipt of any communication from the
Administrator, or a designee, of the EPA, indicating that any
facility that the Offeror proposes to use for the performance of the
contract is under consideration to be listed on the (EPA) List of
Violating Facilities; and
(c) The Offeror will include a certification substantially the
same as this certification, including this paragraph (c), in every
nonexempt subcontract.
K.10 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
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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."
K.11 52.230-1 COST ACCOUNTING STANDARDS
NOTICES AND CERTIFICATION (APR 1998)
NOTE:
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This notice does not apply to small businesses or
foreign governments.
This notice is in three parts, identified by Roman
numerals I through III.
If the offeror is an educational institution, Part II does
not apply unless the contemplated contract will be subject
to full or modified CAS coverage pursuant to 48 CFR
9903.201-2(c)(5) or 9903.201-2(c)(6), respectively.
Offerors shall examine each part and provide the requested
information in order to determine Cost Accounting Standards (CAS)
requirements applicable to any resultant contract.
I. DISCLOSURE STATEMENT-COST ACCOUNTING PRACTICES AND
CERTIFICATION
(a) Any contract in excess of $500,000 resulting from this
solicitation will be subject to the requirements of the Cost
Accounting Standards Board (48 CFR Chapter 99), except for those
contracts which are exempt as specified in 48 CFR 9903.201-1.
(b) Any offeror submitting a proposal which, if accepted, will
result in a contract subject to the requirements of 48 CFR, Chapter
99 must, as a condition of contracting, submit a Disclosure
Statement as required by 48 CFR 9903.202. When required, the
Disclosure Statement must be submitted as a part of the offeror's
proposal under this solicitation unless the offeror has already
submitted a Disclosure Statement disclosing the practices used in
connection with the pricing of this proposal. If an applicable
Disclosure Statement has already been submitted, the offeror may
satisfy the requirement for submission by providing the information
requested in paragraph (c) of Part I of this provision.
CAUTION: In the absence of specific regulations or agreement, a
practice disclosed in a Disclosure Statement shall not, by virtue of
such disclosure, be deemed to be a proper, approved, or agreed-to
practice for pricing proposals or accumulating and reporting
contract performance cost data.
(c) Check the appropriate box below:
[ ] (1) Certificate of Concurrent Submission of Disclosure
Statement. The offeror hereby certifies that, as a part of the
offer, copies of the Disclosure Statement have been submitted as
follows: (i) original and one copy to the cognizant Administrative
Contracting Officer (ACO) or cognizant Federal agency official
authorized to act in that capacity (Federal official), as
applicable, and (ii) one copy to the cognizant Federal auditor.
(Disclosure must be on Form No. CASB DS-1 or CASB DS-2, as
applicable. Forms may be obtained from the cognizant ACO or Federal
official and/or from the loose-leaf version of the Federal
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RFP DCS-99-45 Section K
Acquisition Regulation.)
Date of Disclosure Statement:
Name and Address of Cognizant ACO or
Federal Official Where Filed:
________________________________________
________________________________________
________________________________________
________________________________________
The offeror further certifies that the practices used in
estimating costs in pricing this proposal are consistent with the
cost accounting practices disclosed in the Disclosure Statement.
[ ] (2) Certificate of Previously Submitted Disclosure
Statement. The offeror hereby certifies that the required Disclosure
Statement was filed as follows:
Date of Disclosure Statement:
Name and Address of Cognizant ACO or Federal Official Where Filed:
The offeror further certifies that the practices used in
estimating costs in pricing this proposal are consistent with the
cost accounting practices disclosed in the applicable Disclosure
Statement.
[ ] (3) Certificate of Monetary Exemption. The offeror hereby
certifies that the offeror, together with all divisions,
subsidiaries, and affiliates under common control, did not receive
net awards of negotiated prime contracts and subcontracts subject to
CAS totaling more than $25 million (of which at least one award
exceeded $1 million) in the cost accounting period immediately
preceding the period in which this proposal was submitted. The
offeror further certifies that if such status changes before an
award resulting from this proposal, the offeror will advise the
Contracting Officer immediately.
[ ] (4) Certificate of Interim Exemption. The offeror hereby
certifies that (i) the offeror first exceeded the monetary exemption
for disclosure, as defined in (3) of this subsection, in the cost
accounting period immediately preceding the period in which this
offer was submitted and (ii) in accordance with 48 CFR 9903.202-1,
the offeror is not yet required to submit a Disclosure Statement.
The offeror further certifies that if an award resulting from this
proposal has not been made within 90 days after the end of that
period, the offeror will immediately submit a revised certificate to
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the Contracting Officer, in the form specified under subparagraphs
(c)(1) or (c)(2) of Part I of this provision, as appropriate, to
verify submission of a completed Disclosure Statement.
CAUTION: Offerors currently required to disclose because they were
awarded a CAS-covered prime contract or subcontract of $10 million
or more in the current cost accounting period may not claim this
exemption (4). Further, the exemption applies only in connection
with proposals submitted before expiration of the 90 day period
following the cost accounting period in which the monetary exemption
was exceeded.
II. COST ACCOUNTING STANDARDS ELIGIBILITY FOR MODIFIED CONTRACT
COVERAGE
If the offeror is eligible to use the modified provisions of 48
CFR subpart 9903.201-2(b) and elects to do so, the offeror shall
indicate by checking the box below. Checking the box below shall
mean that the resultant contract is subject to the Disclosure and
Consistency of Cost Accounting Practices clause in lieu of the Cost
Accounting Standards clause.
[ ] The offeror hereby claims an exemption from the Cost
Accounting Standards clause under the provisions of 48 CFR subpart
9903.201-2(b) and certifies that the offeror is eligible for use of
the Disclosure and Consistency of Cost Accounting Practices clause
because during the cost accounting period immediately preceding the
period in which this proposal was submitted, the offeror received
less than $25 million in awards of CAS-covered prime contracts and
subcontracts, or the offeror did not receive a single CAS-covered
award exceeding $1 million. The offeror further certifies that if
such status changes before an award resulting from this proposal,
the offeror will advise the Contracting Officer immediately.
CAUTION: An offeror may not claim the above eligibility for modified
contract coverage if this proposal is expected to result in the
award of a CAS-covered contract of $25 million or more or if, during
its current cost accounting period, the offeror has been awarded a
single CAS-covered prime contract or subcontract of $25 million or
more.
III. ADDITIONAL COST ACCOUNTING STANDARDS APPLICABLE TO EXISTING
CONTRACTS
The offeror shall indicate below whether award of the contemplated
contract would, in accordance with subparagraph (a)(3) of the Cost
Accounting Standards clause, require a change in established cost
accounting practices affecting existing contracts and subcontracts.
[ ] YES [ ] NO
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K.12 SIGNATURE BLOCK
I, the undersigned, do hereby attest that all representations and
certifications made in this Section K are true.
Also, I, the undersigned, am aware of the penalties prescribed in
18 U.S. Code 1001 for making false statements in offers; and I am
legally authorized to bind the company or organization represented.
__________________________________________ _____________
(Signature) (Date)
__________________________________________
(Typed or Printed Name)
__________________________________________
(Title)
__________________________________________
(Solicitation Number)
__________________________________________
(Name of Company/Organization Represented)
__________________________________________
(Address, including Zip Code)
_______________________________________
(Telephone Number, including Area Code)
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RFP DCS-99-45 Section L
SECTION L - INSTRUCTIONS, CONDITIONS, AND
NOTICES TO OFFERORS L.1 NOTICE LISTING SOLICITATION PROVISIONS
INCORPORATED BY REFERENCE
The following solicitation provisions pertinent to this
section are hereby incorporated by reference (by Citation Number,
Title, and Date) in accordance with the FAR provision at FAR
"52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE" in
Section L of this solicitation. See FAR 52.252-1 for an internet
address (if specified) for electronic access to the full text of a
provision.
NUMBER TITLE DATE
52.215-1 INSTRUCTIONS TO
OFFERORS--COMPETITIVE OCT 1997 ACQUISITION ALTERNATE I (OCT 1997) 52.215-16 FACILITIES CAPITAL COST OF MONEY
OCT 1997 52.219-24 SMALL DISADVANTAGED BUSINESS
JAN 1999 PARTICIPATION
PROGRAM--TARGETS 52.222-24 PREAWARD ON-SITE EQUAL
OPPORTUNITY FEB 1999 COMPLIANCE EVALUATION L.2 52.204-6 DATA UNIVERSAL NUMBERING
SYSTEM (DUNS) NUMBER (JUN 1999)
(a) The offeror shall enter, in the block with its name and
address on the cover page of its offer, the annotation "DUNS"
followed by the DUNS number that identifies the offeror's name and
address exactly as stated in the offer. The DUNS number is a
nine-digit number assigned by Dun and Bradstreet Information
Services.
(b) If the offeror does not have a DUNS number, it should contact
Dun and Bradstreet directly to obtain one. A DUNS number will be
provided immediately by telephone at no charge to the offeror. For
information on obtaining a DUNS number, the offeror, if located
within the United States, should call Dun and Bradstreet at
1-800-333-0505. The offeror should be prepared to provide the
following information:
(1) Company name.
(2) Company address.
(3) Company telephone number.
(4) Line of business.
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(5) Chief executive officer/key manager.
(6) Date the company was started.
(7) Number of people employed by the company.
(8) Company affiliation.
(c) Offerors located outside the United States may obtain the
location and phone number of the local Dun and Bradstreet
Information Services office from the Internet home page at
http://www.customerservice@dnb.com/. If an offeror is unable to
locate a local service center, it may send an e-mail to Dun and
Bradstreet at globalinfo@mail.dnb.com.
L.3 52.216-1 TYPE OF CONTRACT (APR
1984)
The Government contemplates award of a Cost Plus Fixed Fee
contract resulting from this solicitation.
L.4 52.219-22 SMALL DISADVANTAGED BUSINESS
STATUS (OCT 1998) ALTERNATE I (OCT 1998)
(a) General. This provision is used to assess an offeror's small
disadvantaged business status for the purpose of obtaining a benefit
on this solicitation. Status as a small business and status as a
small disadvantaged business for general statistical purposes is
covered by the provision at FAR 52.219-1, Small Business Program
Representation.
(b) Representations.
(1) General. The offeror represents, as part of its offer, that
it is a small business under the size standard applicable to this
acquisition; and either--
[ ] (i) It has received certification by the Small Business
Administration as a small disadvantaged business concern consistent
with 13 CFR 124, Subpart B; and
(A) No material change in disadvantaged ownership and control
has occurred since its certification;
(B) Where the concern is owned by one or more disadvantaged
individuals, the net worth of each individual upon whom the
certification is based does not exceed $750,000 after taking into
account the applicable exclusions set forth at 13 CFR 124.104(c)(2);
and
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(C) It is listed, on the date of this representation, on the
register of small disadvantaged business concerns maintained by the
Small Business Administration; or
[ ] (ii) It has submitted a completed application to the Small
Business Administration or a Private Certifier to be certified as a
small disadvantaged business concern in accordance with 13 CFR 124,
Subpart B, and a decision on that application is pending, and that
no material change in disadvantaged ownership and control has
occurred since its application was submitted.
(2) [ ] For Joint Ventures. The offeror represents, as part of
its offer, that it is a joint venture that complies with the
requirements at 13 CFR 124.1002(f) and that the representation in
paragraph (b)(1) of this provision is accurate for the small
disadvantaged business concern that is participating in the joint
venture. [The offeror shall enter the name of the small
disadvantaged business concern that is participating in the joint
venture: ____________________________________________________.]
(3) Address. The offeror represents that its address [ ]_is, [ ]
is not in a region for which a small disadvantaged business
procurement mechanism is authorized and its address has not changed
since its certification as a small disadvantaged business concern or
submission of its application for certification. The list of
authorized small disadvantaged business procurement mechanisms and
regions is posted at http://www.arnet.gov/References/
sdbadjustments.htm. The offeror shall use the list in effect on the
date of this solicitation. "Address," as used in this provision,
means the address of the offeror as listed on the Small Business
Administrations register of small disadvantaged business concerns or
the address on the completed application that the concern has
submitted to the Small Business Administration or a Private
Certifier in accordance with 13 CFR part 124, subpart B. For joint
ventures, "address" refers to the address of the small disadvantaged
business concern that is participating in the joint venture.
(c) Penalties and Remedies. Anyone who misrepresents any aspects
of the disadvantaged status of a concern for the purposes of
securing a contract or subcontract shall:
(1) Be punished by imposition of a fine, imprisonment, or both;
(2) Be subject to administrative remedies, including suspension
and debarment; and
(3) Be ineligible for participation in programs conducted under
the authority of the Small Business Act.
L.5 52.227-6 ROYALTY INFORMATION (APR
1984)
(a) Cost or charges for royalties. When the response to this
solicitation contains costs or charges for royalties totaling more
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RFP DCS-99-45 Section L
than $250, the following information shall be included in the
response relating to each separate item of royalty or license fee:
(1) Name and address of licensor.
(2) Date of license agreement.
(3) Patent numbers, patent application serial numbers,
or other basis on which the royalty is payable.
(4) Brief description, including any part or model
numbers of each contract item or component on which
the royalty is payable.
(5) Percentage or dollar rate of royalty per unit.
(6) Unit price of contract item.
(7) Number of units.
(8) Total dollar amount of royalties.
(b) Copies of current licenses. In addition, if specifically
requested by the Contracting Officer before execution of the
contract, the offeror shall furnish a copy of the current license
agreement and an identification of applicable claims of specific
patents.
L.6 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 N. W. Rm S-4203
200 Constitution Avenue, NW, Room S-4203
Washington, DC 20210
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Mailing Address:
U.S. Department of Labor, ETA/OGCM
Division of Acquisition and Assistance
200 Constitution Avenue, NW, Room S-4203
Washington, DC 20210
(b) The copy of any protest shall be received in the office designated
above within one day of filing a protest with the GAO.
L.7 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.gsa.gov
L.8 PAST PERFORMANCE
Offerors shall submit the following information as part of their
proposal for both the offeror and proposed major subcontractors:
A. A list of all "relevant" contracts and subcontracts completed
during the past three (3) years and all contracts and subcontracts
currently in process. The reference should be on project/work
similar in nature. Contracts listed may include those entered into
by the Federal Government, agencies of state and local governments
and commercial customers. Offerors that are newly formed entities
without prior contracts should list contracts and subcontracts as
required above for all key personnel. Include the following
information for each contract and subcontract:
1. Name of contracting activity 2. contract number 3. Contract type
4. total contract value 5. contract work 6. contracting officer and
telephone 7. program manager and telephone 8. administrative
contracting officer, if different from #6 and telephone number 9.
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list of major subcontractors
B. The offeror may provide information on problems encountered on
the contract and subcontracts identified in A above and corrective
actions taken to resolve those problems. Offerors should not provide
general information of their performance on the identified
contracts. General performance information will be obtained from
the references.
C. The offeror may describe any quality of awards or certifications
that indicate the offeror possess a high quality process for
developing and producing the product or service required. Identify
what segment of the company (one division or the entire company)
that received the award or certification. Describe when the award or
certification was bestowed. If the award or certification is over
three years old, present evidence that the qualifications still
apply.
D. Each offeror will be evaluated on his/her performance under
existing and prior contracts for similar products or services.
Performance information will be used for both responsibility
determinations and as an evaluation factor against which offerors'
relative rankings will be compared to assure best value to the
Government. The Government will focus on information that
demonstrates quality of performance relative to the size and
complexity of the procurement under consideration. The contractor's
reference questionnaire form identified in Section J.8 will be used
to collect this information. References other than those identified
by the offeror may be contacted by the Government with the
information received used in the evaluation of the offerors's past
performance. The Government also reserves the right to decide not
to contact all of the reference provided by the offeror. Names of
individuals providing reference information about an offeror's past
performance shall not be disclosed.
L.9 SMALL BUSINESS SUBCONTRACTING
PLAN
Offerors shall submit their proposal's subcontracting plan in
accordance with FAR 52.219-9 (Alternate II) Small Business
Subcontracting Plan. This plan is a requirement evaluated under
evaluation factor M.2(E).
Offerors are advised that DOL seeks to place a fair portion of its
contract dollars with small, small disadvantaged, and women-owned
small business concerns as defined by FAR 52.219-8. For this
procurement the Contracting Officer has made an assessment that 20%
of the total dollar value of the contract be subcontracted to small,
small disadvantaged, and women-owned businesses.
DOL encourages all offerors to propose goals to meet or exceed our
stated goals for the maximum extent practicable. Offerors shall
make an independent assessment of opportunities for small, HUBZone
small, small disadvantaged, women-owned small business concerns to
participate in this procurement and propose goals based on the total
contract value. Offerors should also discuss proposed methods for
achieving the goals. Offerors should discuss the types and amount
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of work, in terms of total dollars, that will be performed by these
entities.
Offerors will include the name of the individual employed by the
offeror who will administer the offeror's subcontracting program,
and a description of the duties of the individual and a description
of the efforts the offeror will make to assure the SDB concerns have
an equitable opportunity to compete for subcontracts.
L.10 ORAL PRESENTATION SECTION
After the receipt of offers (proposals) by the Government, every
eligible offeror must make an oral presentation to the Government's
evaluation panel and participate in a question and answer session.
The sole purpose of the oral presentation and question and answer
session is to test an offeror's understanding of the work that the
Government will require under the prospective contract.
The oral presentation and the question and answer session are not
part of the offer and are not themselves offers. The oral
presentation and the question and answer session will not constitute
discussions, as defined by FAR 15.301 and 15.306 (d), and will not
obligate the Government to determine a competitive range, conduct
discussions, or solicit to entertain revised or best and final
offerors.
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
Contracting Officer 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 Contracting Officer. 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 Contracting Officer.
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, Contracting Officer, and other representatives of 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
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prepare for the actual presentation. Oral presentations, excluding
the question and answer session, will be limited to 90 minutes. The
Contracting Officer 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. The Project Manager who
will have full time operational responsibility for contract
performance shall be present and shall, at a minimum, answer
questions directed to him/her during the question and answer
session.
Offerors may not use company senior or general managers or
consultants to make any part of the oral presentation. In addition
to the maximum of five individuals who will participate, the offeror
may send two non-participating representatives to observe. Hence a
total of seven contractor personnel will be permitted to attend
(only five may participate) the presentation. No other officers,.
employees, consultants, agents, or other representatives of the
offeror may attend.
5. Content of presentation. The presentation shall not encompass
price or cost and fee. During the 90 minute oral presentation, the
offeror's presenters must demonstrate the offeror's understanding of
the work that will be required under the prospective contract by
addressing the following topics, in the following order, in
accordance with the following instructions:
Introduction. The offeror should provide some information about
itself as a firm, briefly describing its organization, history,
products and services. (10 minutes)
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)
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)
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, journeyman level qualification requirements, typical
journeyman level duties and responsibilities, and estimated average
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salary or wage (including the value of fringe benefits). 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)
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)
Responsibility Assignments. Identify the components of the offeror's
organization that will have primary and 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)
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 Contracting Officer 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 15.610. The time required for clarification will not
be counted against the offeror's presentation time limit.
7. Government Personnel.
Contracting Officer/Contract Specialist
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
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Department of Labor/ETA.
8. Documentation. The Government will provide blank flip chart paper
for the offeror to use during the presentation caucus time period.
An overhead slide projector will be provided by the Government for
offeror use during the presentation. At the close of the
presentation, the offeror shall provide the Technical Evaluation
with a listing of the names, firms, and position titles of all
presenters, along with all flip charts and/or overhead slides used
during the presentation. The Government will not accept for
evaluation any additional documentation which may or may not have
been referenced during the presentation.
Each offeror shall use black and white overhead transparencies
(slides) to document key points of its presentation. The Government
will provide one overhead projector, one flip-chart pad, and marker
pens for the offeror's use during the oral presentation. The
offeror may not use or submit any other media documents. "The
offeror shall submit its set of overhead transparencies and five (5)
paper copies to the Government in a sealed package with its offer"
(see L.8). Failure to submit the overhead transparencies and paper
copies by the date established for receipt of offers will cause the
offer to be rejected as non-responsive.
Immediately before the presentation, the Contracting Officer 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. No
audio or video recordings of the presentations will be performed or
permitted.
Offerors should mark slides in accordance with FAR 52.215-1 (e),
Restrictions on Disclosure and Use of Data, as appropriate.
L.11 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
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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 - In accordance with Section L.7, the offeror shall submit,
as part of their offer the following:
A. A set of overhead transparencies and five (5) paper copies in a
sealed package. These transparencies shall be considered in effect,
the offerors technical proposal and shall form the basis of the
offeror's Oral Presentation. Both the transparencies and the Oral
Presentation will be used to evaluate the offeror's Technical
Approach. (See Section M.3(A)
B. Offerors shall submit an original and three copies of the
"Resumes of Key Personnel" (See Section M.3(B);
C. Offerors shall submit three copies of relevant past performance
information (See Section L.6 and M.3(C).
D. Offerors shall submit an original and three copies of the
Contractor's Experience with Related Work (See Section M.3(D);
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 Exhibit A - Cost and Price Analysis, ETA
8555 (Mar. 1981)
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(b) One (1) copy of Exhibit B - 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 of 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 15.
An offeror may eliminate a deficiency in its offer only through
discussions, as defined in FAR 15 and prescribed in FAR 15.
However, the Government intends to award a contract without
discussions, as authorized by FAR 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 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 15.
The offeror shall complete and submit all certifications included in
or attached to this Request for Proposal.
The Cost Analysis (Exhibit J.2) and Financial Capability Forms
(Exhibit 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
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the proposed costs.
1. Most current published annual balance sheet and profit or loss
statement.
2. The offeror shall furnish a total cost breakdown utilizing the
enclosed cost and price analysis form.
(a) Include the backup data to support the type of labor and
estimated numbers of hours within each category.
(b) Include a breakdown of the amount estimated for travel including
destination, duration, purpose and cost (per diem and
transportation).
(c) Include backup data to support the estimated amount of material
and subcontracting (if applicable) including description of
materials to be procured, basis for proposed subcontract, type of
subcontract and amounts proposed.
3. List the names and addresses of any subcontractor* the offeror
intends to use in the performance of a resulting contract. Include
the following information about the subcontract(s).
(a) How subcontractor was selected?
(b) Has the subcontractor submitted a cost proposal?
(c) Will he be able to start performance at the start of the
contract period?
(d) What is the total cost of (each) subcontract?
(e) What services (skills) will the subcontract provide?
(f) What experience do they have in this technical area?
*Also provide the above information for consultants you intend to
use in the performance of a resulting contract.
L.12 REQUEST FOR CLARIFICATION (RFC)
All requests for RFP clarification are due by 5:00 PM Local Time
October 15, 1999.
Only electronic submission of requests will be accepted. They shall
be submitted to Ms. Ollye M. Williams at
HTTP://www.OWilliams@DOLETA.GOV.
Should any RFC be received after the date stated above, the
Government reserves the right not to provide and answer. If,
however, in the Government's opinion, the RFC cites an issue of
significant importance, the government may provide written responses
to all offerors.
The Government will not provide any information concerning requests
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for clarifications in response to telephone calls from Offerors.
All requests will be answered electronically and provided to all
Offerors at the DOLETA internet site (HTTP://WWW.DOLETA.GOV).
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SECTION M - EVALUATION FACTORS FOR
AWARD M.1 NOTICE LISTING SOLICITATION PROVISIONS
INCORPORATED BY REFERENCE
The following solicitation provisions pertinent to this
section are hereby incorporated by reference (by Citation Number,
Title, and Date) in accordance with the FAR provision at FAR
"52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE" in
Section L of this solicitation. See FAR 52.252-1 for an internet
address (if specified) for electronic access to the full text of a
provision.
NUMBER TITLE DATE
52.217-3 EVALUATION EXCLUSIVE OF OPTIONS
APR 1984 M.2 BASIS FOR AWARD (BEST VALUE)
The Government intends to evaluate proposals and make award without
discussions with offerors. However, the Government reserves the
right to conduct discussions if later determined by the Contracting
Officer to be necessary. Therefore, each offer should contain the
best terms from a cost or price and technical standpoint.
Offerors will be evaluated by a two-step methodology. The first
step will involve the evaluation of the offeror's Individual Staff
Experience, Past Performance, Offeror's Experience with Related
Work, and Small Disadvantaged Participation Program (evaluation
factors B, C, D and E). Based on these evaluations a Competitive
Range (FAR 15) consisting of the most highly rated proposals will be
established.
The second step will involve evaluation of an ORAL PRESENTATION
presented by each of the offerors within the Competitive Range.
Evaluation of oral presentations will consist of the offeror's
Technical Approach (evaluation factor A).
A cost realism analysis shall be performed for all offerors included
in the "competitive range". Contract award will be based on the
combined evaluations of the Technical Approach (Oral Presentation),
Individual Staff Experience, Past Performance, Offerors Experience
With Related Work, Small Disadvantaged Participation Program and
Cost. The contract resulting from this solicitation will be awarded
to the responsible offeror whose offer, conforming to the
solicitation, is determined to provide the "best value" to the
Government, which may not necessarily be the proposals offering the
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lowest cost nor receiving the highest technical score. It should be
noted that cost is not a numerically weighted factor. Although
non-cost factors are significantly more important than cost, cost is
an important factor and should be considered when preparing
responsive offers (proposals). The importance of cost as an
evaluation factor will increase with the degree of equality of the
proposals in relation to the remaining evaluation factors. When the
offerors within the competitive range are considered essentially
equal in terms of technical, past performance and other no-cost
factors (if any), or when cost is so significantly high as to
diminish the value of the technical superiority to the Government,
cost may become the determining factor for award. In summary,
cost/no-cost trade offs will be made, and the extent to which one
may be sacrificed for the other if governed only by the tests of
rationality and consistency with the established factors.
Prospective contractors are advised that the selection of a
contractor(s) 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 represented 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
The evaluation factors are described below:
A. TECHNICAL APPROACH (30 points)
The Government will evaluate each offeror's technical approach on
the basis of its oral presentation and the responses it gives during
the question and answer session that will follow the oral
presentation. In making this evaluation, the government will
consider an offeror's: (1) knowledge of the content of the work in
terms of constituent activities, their inputs and outputs, and their
interrelationships and interdependencies; (2) recognition of the
appropriate sequence and realistic duration of the work activities;
(3) knowledge of the appropriate types of resources required to
perform the work activities; (4) familiarity with the difficulties ,
uncertainties, and risks associated with the work; and knowledge of
the personnel and subcontractor qualifications necessary to the
performance of the work.
B. INDIVIDUAL STAFF EXPERIENCE (25 points)
This section of the proposal should 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
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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. The following information must be
furnished:
1.The proposed Project Manager;
2.The proposed project organization;
3.The time commitment of all key personnel assigned to the project
(the number of hours per month that each individual will devote to
the project over its life);
4.The full-time equivalent for each professional person assigned to
the project;
5.A resume for each professional person 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 must 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.
This section should contain sufficient information for judging the
quality and competence of the staff proposed to be assigned to the
project. This should include staffing charts listing names,
qualifications, and experience of key staff (including outside
consultants), staff time/time loading charts showing the amount of
time each TSS, Surveyor and Transportation Verifier 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. A resume should be included for each key person to be
assigned to the project.
C. CONTRACTOR'S PAST PERFORMANCE (25 Points)
This criterion shall represent 25% of the total score of the
proposal. Award may be made from the initial offers without
discussions. However, 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
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review the rating. Past Performance shall include evaluating
offerors with no relevant performance history, and shall provide
offerors an opportunity to identify past or current contracts
(Federal, State, and local government and private) for efforts
similar to the Government requirement.
Offerors shall provide information on problems encountered on the
identified contracts and the offeror's corrective actions. The
Government shall consider this information, as well as information
obtained from any other sources, when evaluating the offeror's past
performance. The Contracting Officer shall determine the relevance
of similar past performance information. Offers shall submit past
performance information regarding predecessor companies, key
personnel who have relevant experience, or subcontractors that will
perform major or critical aspects of the requirement when such
information is relevant to the instant acquisition. Offerors
without relevant past performance history or for whom information on
past performance is not available, the offeror may not be evaluated
favorably or unfavorably on past performance. In this instance the
offeror would receive a neutral score.
D. CONTRACTOR'S EXPERIENCE WITH RELATED WORK (15 points)
This section of the proposal shall identify and describe the
previous experience and effectiveness of the contractor in similar
or related work to demonstrate the contractor's current capacity to
provide the services offered; the contractor's management plan for
the project; and the strength of the contractor's support for this
project.
Contractors shall discuss the relationship of their firm's previous
experience to the work proposed under this contract. The following
information shall be included:
1. The identity of the principal clients served in performing
similar or related work; the general nature and scope of that work;
and the results achieved. The contractor shall include a
representative synopsis listing previous projects relevant to this
RFP. Each project synopsis shall include:
(a) The organization for whom the work was done;
(b) A contact person in that organization with their current phone
number;
(c) The dollar value of the contract for the project;
(d) The time frame and professional effort involved in the project;
(e) The Project Manager and other key personnel assigned to the
project; and
(f) A brief summary of the work performed by the contractor on the
project; significant accomplishments; and any problems encountered,
corrective actions taken, and the outcome.
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E. SMALL DISADVANTAGED BUSINESS (SDB) PARTICIPATION PROGRAM -
TARGETS - (5 points)
This evaluation criteria will be used to evaluate the extent of
participation of SDB concerns in performance of contracts in the
targeted Standard Industrial Classification (SIC) Major Groups as
determined by the Department of Commerce (DOC) and to the extent
authorized by law. Only SDB concerns in the targeted SIC Major
Groups will be evaluated.
The extent of participation of SDB Participation Program-Targets, as
determined by the DOC, will be evaluated for targeted SIC Major
Groups for each contract year in terms of the proposed annual
contract value, including target cost and target fee, as adjusted by
DOL for probable cost; the extent of participation for the SDB
concerns in terms of the total proposed contract value of the
acquisition for all five years, including target cost and target
fee, as adjusted by DOL for probable cost; the extent to which SDB
concerns are specifically identified; the extent of commitment to
use the SDB concerns. The effectiveness of the proposed approach to
integration of the types of work into the overall requirement will
be evaluated. SDB concerns that choose the FAR 19.11 price
evaluation adjustment shall receive a zero score for this evaluation
factor. Targeted SIC Major Groups' participation can be achieved by
an SDB prime contractor or subcontractor(s).
COST REALISM
Cost Realism will be performed as part of the proposal evaluation
process. The purpose of this evaluation shall be (a) to verify the
offeror's understanding of the requirement; (b) to assess the degree
to which the cost/price proposal reflects the approaches and/or risk
assessments made in the technical proposal as well as the risk that
the offeror will provide the services for the offered prices/cost;
and (c) assess the degree to which the cost reflected in the
cost/price proposal accurately represents the work effort included
in the technical offer (proposal). Please be advised that an
offeror's proposed price that is materially below the Government's
estimate could indicate a lack of understanding of the requirement.
Such a proposed price could also indicate a significant risk that
the offeror may have difficulty in performing the requirement,
adversely, impacting contract performance.
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
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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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