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 Back to Table of Content 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 Back to Table of Content 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 Back to Table of Content Back to Table of Content 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 Back to Table of Content 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 C-1 Back to Table of Content RFP DCS-99-45 Section C 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 C-2 Back to Table of Content RFP DCS-99-45 Section C 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 C-3 Back to Table of Content RFP DCS-99-45 Section C 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 C-4 Back to Table of Content RFP DCS-99-45 Section C 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 C-5 Back to Table of Content RFP DCS-99-45 Section C 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 C-6 Back to Table of Content RFP DCS-99-45 Section C 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 C-7 Back to Table of Content RFP DCS-99-45 Section C 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 C-8 Back to Table of Content RFP DCS-99-45 Section C 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 C-9 Back to Table of Content RFP DCS-99-45 Section C 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 C-10 Back to Table of Content RFP DCS-99-45 Section C 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 ----------------------------------------------------------------- ----------------------------------------------------------------- -------------------------- 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. C-11 Back to Table of Content RFP DCS-99-45 Section C (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, C-12 Back to Table of Content RFP DCS-99-45 Section C 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 C-13 Back to Table of Content RFP DCS-99-45 Section C 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 C-14 Back to Table of Content RFP DCS-99-45 Section C 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 C-15 Back to Table of Content 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 C-16 Back to Table of Content 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 C-17 Back to Table of Content 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) C-18 Back to Table of Content RFP DCS-99-45 Section D SECTION D - PACKAGING AND MARKING [For this Solicitation, there are NO clauses in this Section] D-1 Back to Table of Content 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) E-1 Back to Table of Content 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. F-1 Back to Table of Content 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. F-2 Back to Table of Content RFP DCS-99-45 Section F F-3 Back to Table of Content 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 G-1 Back to Table of Content 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. G-2 Back to Table of Content 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 G-3 Back to Table of Content 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 G-4 Back to Table of Content 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. H-1 Back to Table of Content 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. H-2 Back to Table of Content 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. H-3 Back to Table of Content 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) - - - - - H-4 Back to Table of Content 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. H-5 Back to Table of Content 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. H-6 Back to Table of Content RFP DCS-99-45 Section H H.18 ELIMINATION OF SEXIST LANGUAGE AND ART WORK All written materials issued by the Contractor or grantee shall conform to the following guidelines for eliminating sexist language and art work: (a) Avoid the use of sex reference in job titles. Titles should conform to the Census Bureau's occupational classification system and the most recently published edition of the Dictionary of Occupational Titles. -- Longshore workers instead of longshoremen. (b) Avoid the use of male and female gender word forms. -- Aviator to include men and women pilots, not aviatrix. (c) Include both sexes by using terms that refer to people as a whole. -- Human beings or people instead of mankind. (d) Avoid the use of masculine and feminine pronouns or adjectives in referring to a hypothetical person or people in general. Change sentences such as: The average American worker spends 2 years of his life in the workforce. -- By rewording to eliminate unnecessary gender pronouns and adjectives. (The average American worker spends 20 years in the workforce.) -- By recasting into the plural. (Most Americans spend 20 years of their lives in the workforce.) -- By replacing the masculine or feminine pronoun or adjective with "one", "you", "he or she", "her or him", or his or her". (An average American spends 20 years of his or her life in the workforce.) (e) Refer to both men and women in such generic terms as economist, doctor, or lawyer. Identify sex through the use of pronouns. -- The lawyer made her final summation. (f) Avoid the use of stereotyped terms or expressions such as "man-sized" job. -- Employee-years and employee-hours (or staff-hours) instead of man-years and man-hours. (g) The use of art work in publications should conform to the following guidelines: (i) Strive to use racially and sexually balanced designs. H-7 Back to Table of Content 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: H-8 Back to Table of Content RFP DCS-99-45 Section H "No cancellation, termination, or modification of this policy shall take effect prior to the expiration of 35 days after written notice of the cancellation, termination or modification together with suitable identification of the policy and name insured has been sent by registered letter to the Government representative at the address stated below: Name of Contracting Officer: Keith A. Bond Address: USDOL/ETA/DASET/OGCM/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. H-9 Back to Table of Content 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. H-10 Back to Table of Content 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 H-11 Back to Table of Content 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) H-12 Back to Table of Content RFP DCS-99-45 Section H H-13 Back to Table of Content 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) I-1 Back to Table of Content 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 I-2 Back to Table of Content RFP DCS-99-45 Section I 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); I-3 Back to Table of Content 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 I-4 Back to Table of Content 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. I-5 Back to Table of Content 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. I-6 Back to Table of Content 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. I-7 Back to Table of Content RFP DCS-99-45 Section I (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 I-8 Back to Table of Content 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. I-9 Back to Table of Content RFP DCS-99-45 Section I (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 I-10 Back to Table of Content 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 I-11 Back to Table of Content 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; I-12 Back to Table of Content 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 I-13 Back to Table of Content 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 I-14 Back to Table of Content 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 I-15 Back to Table of Content 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) I-16 Back to Table of Content 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) I-17 Back to Table of Content 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) J-1 Back to Table of Content 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. K-1 Back to Table of Content 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--------------------------------------------------------------- ---- K-2 Back to Table of Content 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 K-3 Back to Table of Content RFP DCS-99-45 Section K (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. K-4 Back to Table of Content RFP DCS-99-45 Section K (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. K-5 Back to Table of Content RFP DCS-99-45 Section K "Small business concern", as used in this provision, means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and the size standard in paragraph (a) of this provision. "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; K-6 Back to Table of Content RFP DCS-99-45 Section K 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 K-7 Back to Table of Content RFP DCS-99-45 Section K 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: K-8 Back to Table of Content RFP DCS-99-45 Section K 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 K-9 Back to Table of Content 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 K-10 Back to Table of Content RFP DCS-99-45 Section K 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 K-11 Back to Table of Content RFP DCS-99-45 Section K 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) K-12 Back to Table of Content 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. L-1 Back to Table of Content RFP DCS-99-45 Section L (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 L-2 Back to Table of Content RFP DCS-99-45 Section L (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 L-3 Back to Table of Content 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 L-4 Back to Table of Content RFP DCS-99-45 Section L 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. L-5 Back to Table of Content RFP DCS-99-45 Section L 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 L-6 Back to Table of Content RFP DCS-99-45 Section L 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 L-7 Back to Table of Content RFP DCS-99-45 Section L 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 L-8 Back to Table of Content RFP DCS-99-45 Section L 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 L-9 Back to Table of Content RFP DCS-99-45 Section L 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 L-10 Back to Table of Content RFP DCS-99-45 Section L 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) L-11 Back to Table of Content RFP DCS-99-45 Section L (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 L-12 Back to Table of Content RFP DCS-99-45 Section L 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 L-13 Back to Table of Content RFP DCS-99-45 Section L 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). L-14 Back to Table of Content RFP DCS-99-45 Section M SECTION M - EVALUATION FACTORS FOR AWARD M.1 NOTICE LISTING SOLICITATION PROVISIONS INCORPORATED BY REFERENCE The following solicitation provisions pertinent to this section are hereby incorporated by reference (by Citation Number, Title, and Date) in accordance with the FAR provision at FAR "52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE" in Section L of this solicitation. See FAR 52.252-1 for an internet address (if specified) for electronic access to the full text of a provision. NUMBER TITLE DATE 52.217-3 EVALUATION EXCLUSIVE OF OPTIONS APR 1984 M.2 BASIS FOR AWARD (BEST VALUE) The Government intends to evaluate proposals 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 M-1 Back to Table of Content RFP DCS-99-45 Section M 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 M-2 Back to Table of Content RFP DCS-99-45 Section M 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 M-3 Back to Table of Content RFP DCS-99-45 Section M 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. M-4 Back to Table of Content RFP DCS-99-45 Section M 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 M-5 Back to Table of Content RFP DCS-99-45 Section M 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. M-6