DOL089RP20514-CI.doc

U. S. Department of Labor

OASAM Office of Procurement Services

Washington DC 20210

The contractor shall provide Contract Administration and Management Support Services for the Job Corps Design and Construction Facilities Program.

Table of Contents

SECTION A

A-1

A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

A-1

SECTION B - CONTINUATION BLOCK

B-1

B.1 CONTINUATION OF SF-1449

B-1

B.2 PRICE/COST SCHEDULE

…B-4

B.1 DESCRIPTION/SPECATIONS/TATEMENT OF WORK

B-5

SECTION C - CONTRACT CLAUSES

C-1

C.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C-1 C.2 ADDENDUM to FAR 52.212-4 Contract Terms and Conditions-- Commercial Items C-1

C.3 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

C-1 C.3 52.219-17 SECTION 8(a) AWARD (DEC 1996) C-1

C.4 2952.201-70 CONTRACTING OFFICER’S TECHNICAL REPRESENTATIVE (MAY 2004….C-2

C.29 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (NOV 2007) C-11

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

D-1

SECTION E - SOLICITATION PROVISIONS

E-1

E.1 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

E-1

E.2 ADDENDUM to FAR 52.212-1 Instructions to Offerors-- Commercial Items E-1

E.3 SUBMISSION OF PROPOSAL INSTRUCTION

E-1

E.4 PRE-PREPOSAL CONFERENCE

E-6

E.5 52.216-5 TYPE OF CONTRACT (APR 1984

E-6

E.6 52.217-5 EVALUATION OF OPTIONS (JUL 1990)

E-6

E.7 52.233-2 SERVICE OF PROTEST (SEP 2006)

E-6

E.8 52.212-2 EVALUATION--COMMERCIAL ITEMS (JAN 1999)

E-7 E.9 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS-- COMMERCIAL ITEMS (NOV 2007) E-8

SECTION B - CONTINUATION BLOCK

B.1. CONTINUATION OF SF – 1449

Title: "Contract Administration and Management Support Services for the Job Corps Design and Construction Program"

Contractor to perform the following basic services and tasks: (1) Program management of design and construction contracts issued by the U.S. Department of Labor in support of the Job Corps Program; (2) Contract Administration tasks to include, but not limited to, an understanding of all the Federal Acquisition Regulation in terms of design and construction contract preparation, claims and disputes, bid procedures and project delivery strategies, such as design build; (3) IT/LAN and data base development support;(4) Technical Evaluation Support (5) and Closeout contracts.

As noted in the Federal Business Opportunity notice, the successful offeror will be required to share and occupy existing office space at 2101 Wilson Boulevard, 3rd Floor, Arlington, Virginia (located across the street from the Court House subway station‑Orange Line). The incumbent contractor, at the request of the Department, has a long term lease on this space which is assignable. It is anticipated that the lease payments will be made by the successful offeror on the Engineering Support Contract portion. A reasonable handling fee will be negotiated for lease payments but lease payments will not be part of the base for overhead and profit.

The Contractor shall provide the services described in the Description of Services included at Section B, and in accordance with all the terms and conditions of this contract for a period of Base Year and four, one-year options (if exercised) at the prices listed below:

PERIOD OF PERFORMANCE:

PERIOD OF PERFORMANCE: The anticipated periods of performance include:

BASE PERIOD: September 1, 2008 – August 31, 2009

OPTION PERIOD 1: September 1, 2009 – August 31, 2010

OPTION PERIOD 2: September 1, 2010 – August 31, 2011

OPTION PERIOD 3: September 1, 2011 – August 31, 2012

OPTION PERIOD 4: September 1, 2012 – August 31, 2013

Federal Holiday

Unless specifically authorized in writing by the Contracting Officer, no services will be provided and no charges will be incurred and/or billed to any order on this contract on any of the Federal Holidays listed below.

New Years Day

Labor Day

Martin Luther King Day

Columbus Day

Presidents' Day

Veterans' Day

Memorial Day

Thanksgiving Day

Independence Day

Christmas Day

INVOICE REQUIREMENTS

Contractor will prepare and submit proper invoices (as defined in B 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 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.

(2) Invoices should be submitted to the individual listed below:

Ms. Maria Pizarro

Division Chief

U.S. Department of Labor, OASAM/OPS/A & E and Construction

200 Constitution Avenue, NW, Room N-4308

Washington, DC 20210

B. The Detailed Report of Expenditures submitted with the Invoice must include the same budget line items or cost categories as appears in the contract, including any modifications thereto.

C. In addition to the item required in the Section I clause FAR 52.232-25, a proper 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.

METHOD OF PAYMENT

A. Payments under this contract will be made either by check or electronic funds transfer (through the Treasury Fedline Communications System (FEDLINE) or the Automated Clearing House (ACH)), at the option of the Government. After award, but no later than 14 days before an invoice or contract financing request is submitted, the Contractor shall designate a financial institution for receipt of electronic funds transfer payments. The contractor shall submit this designation to the Contracting Officer or other Government official as directed.

B. For payments through FEDLINE, the Contractor shall provide the following information:

(1) Name, address, and telegraphic abbreviation of the financial institution receiving payment.

(2) The American Bankers Association 9-digit identifying number of the financing institution receiving payment if the institution has access to the Federal Reserve Communications System.

(3) Payee's account number at the financial institution where funds are to be transferred.

(4) If the financial institution does not have access to the Federal Reserve Communications System, provide the name, address, and telegraphic abbreviation of the correspondent financial institution through which the financial institution receiving payment obtains electronic funds transfer messages. Provide the telegraphic abbreviation and American Bankers Association identifying number for the correspondent institution.

C. For payments through ACH, the Contractor shall provide the following information:

(1) Routing transit number of the financial institution receiving payment (same as American Bankers Association identifying number used for FEDLINE).

(2) Number of account to which funds are to be deposited.

(3) Type of depositor account ("C" for checking, "S" for savings).

(4) If the Contractor is a new enrollee to the ACH system, a "Payment Information Form," SF 3881, must be completed before payment can be processed.

D. In the event the Contractor, during the performance of this contract, elects to designate a different financial institution for the receipt of any payment made using electronic funds transfer procedures, notification of such change and the required information specified above must be received by the appropriate Government official 30 days prior to the date such change is to become effective.

E. The documents furnishing the information required in paragraphs B and C above must be dated and contain the signature, title, and telephone number of the Contractor official authorized to provide it, as well as the Contractor's name and contract number.

F. Contractor failure to properly designate a financial institution or to provide appropriate payee bank account information may delay payments of amounts otherwise properly due.

G. The Contractor shall forward the information required above to:

Ms. Maria Pizarro

Division Chief

U.S. Department of Labor, OASAM/OPS/ A & E and Construction

200 Constitution Avenue, NW, Room N-4308

Washington, DC 20210

B.2 PRICE/COST SCHEDULE

The firm-fixed price for services includes all staff salaries, Fringe Benefits, Travel, Per Diem Material and Supplies, and Communication ( telephone and Postage) (unless otherwise furnished by the Government) necessary to perform the services required by the contract. The contractor shall provide a detail Price breakdown supporting each period of performance year. The forms are located in “Section D – List of Attachment” as Attachment D.1. titled “Cost and Price Analysis.

ISSUE

UNIT PRICE -

NTE

TOTAL PRICE -

NTE

CLIN 0001 – PHASE-IN PERIOD

Contract Administration Management Support Services

August 1, 2008 - August 31, 2008

CLIN 0002 - BASE YEAR

Contract Administration Management Support Services

September 1, 2008 – August 31, 2009

CLIN 0003 - OPTION YEAR I

Contract Administration Management Support Services

September 1, 2009 – August 31, 2010

CLIN 0004 - OPTION YEAR II

Contract Administration Management Support Services

September 1, 2010 – August 31, 2011

CLIN 0005 - OPTION YEAR III

Contract Administration Management Support Services

September 1, 2011 – August 31, 2012

Contract Administration Management Support Services

September 1, 2012 – August 31, 2013

* All travel arrangement must be in accordance to the Federal Travel Regulations (FTR). Copies of all travel receipts must be submitted with the invoices as required by FTR.

SECTION B.3 DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

PURPOSE: To provide the U.S. Department of Labor, Contract Administration and Management Support Services for the Job Corps Facilities Program.

BACKGROUND: The Job Corps Program is a major residential and training program that attempts to alleviate the severe employment problems faced by economically disadvantaged youth throughout the United States. The Job Corps Program was originally established by the Economic Opportunity Act of 1964. The program is authorized under The Workforce Investment Act of 1998. The Program is nationally administered through the DOL/OSEC, Office of Job Corps, in Washington, D.C. and six (6) Regional Offices.

There are a total of 122 residential and non-residential Job Corps Centers located throughout the continental United States, Alaska, Hawaii and Puerto Rico, which are comprised of approximately 2,500 buildings (25,000,000 Gross Square Feet) and 6,500 acres of land. These numbers are all approximations.

There are two (2) basic types of Job Corps centers: Contract centers, usually operated by private Contractors selected in a competitive process conducted by Job Corps Regional Offices; and, Civilian Conservation Centers, located on public lands and operated by the U.S. Department of Agriculture or the U.S. Department of Interior. There are currently 94 Contract Centers and 28 Civilian Conservation Centers being operated for the U.S. Department of Labor.

The Job Corps Program provides educational and vocational skills training, work experience, counseling, health care, housing and other support services. The aim of the program is to help youth become responsible adults, develop a career, prepare for and obtain suitable employment, return to school for further educational training or satisfy Armed Forces’ entry requirements, thus breaking the cycle of poverty by improving lifetime earning prospects.

Job Corps facilities consist of the following functions: housing, academic education, vocational education, food service, recreation, medical/dental, administration, storage and support. Also, several centers have child development centers and solo parent programs. At any given time, Job Corps Centers serve from 48,000 corps members with an overall budget of approximately $1.6 billion each Fiscal Year.

OBJECTIVE: The contractor shall assist the Office of the Secretary (OSEC) of the U.S. Department of Labor (DOL) to accomplish its mission and function for the contract management and oversight responsibilities for all design and construction projects concerning the Job Corps Facilities Program. Toward this end, the contractor shall:

(1) Assist the Office of Procurement Services (OASAM) in providing contract administration and management for all National Office Job Corps Architectural and Engineering (A/E) design and construction projects to help ensure complete adherence and compliance to the Federal Acquisition Regulations (FAR).

(2) The contractor is required to coordinate all work to be performed under the terms of this contract with the Job Corps National Office through the Office of Procurement Services and shall be accountable for schedules, compliance with all Federal laws, regulations, agency implementing policies, procedures and directives applicable to the work to be performed under the terms of this contract.

The contractor shall furnish all management supervision, personnel, equipment and supplies, except as specified herein as Government-Furnished Property. All IT equipment, systems furniture and an existing data base will be Government-Furnished.

An inventory of all existing equipment, files/records and furnishing shall be conducted by the successful offeror during the transition period and a transfer of the said inventory from the existing contractor to the successful offeror under this solicitation shall be finalized within an agreed upon period. The Office of job Corps will provide assistance as required. Appendix A contains a general, brief description of the information technology and other systems currently in use at the leased space in Arlington, Virginia.

(3) The general Job Corps Engineering Support Contractor has been located in office space leased at 2101 Wilson Boulevard in Arlington, Virginia since 1989. The space is conveniently located within one block of the Court House Metro Station.

This space is fully equipped, properly furnished and operational. The successful contractor will assume the lease of this space as part of the offeror’s transition plan.

The anticipated outcome of the work to be performed under this contract is an organized, well-managed, cost efficient and accountable Job Corps Facilities Program.

PERSONNEL and STAFFING:

The contractor shall provide supervision of their employees at all times. The contractor shall designate, in writing, a "Program Director," a "Deputy Program Director" or equivalent, a Contract Administration/Management Team and associated contract specialist/support personnel who shall be responsible for the overall management of this contract and shall act as the central point of contact with the Government. The representative(s) shall direct the contractor's work force and operations in accordance with the requirements contained herein.

The estimated level of effort for this solicitation is 15 persons per year which include all managers and their supervisors, technical and administrative staff, and general support staff. It’s not the attention of the government to require or recommend a particular organization of management structure within this solicitation. However, it will be a requirement to describe and present a management structure in your response to this solicitation. The overall goal, as with any organizational structure, is to prevent a “top heavy” structure and to maximize the number of staff directly engaged in activities related to the accomplishment of the mission.

Any increase above the 15 person level shall require a written justification from the contractor and a written approval from the Contracting Officer's Technical Representative (COTR) and concurrence from the Contracting Officer. The staff shall be dedicated solely to this contract.

The contractor shall be responsible for selecting personnel who are qualified to perform the required services, for supervising techniques used by the personnel in their work, and for keeping personnel informed of all improvements or changes in methods of operation. The Government will not exercise any direct supervision or control over contractor employees performing services under this contract. Such contractor employees shall be accountable not to the Government, but solely to the contractor, who in turn, shall be accountable to the Government.

PHYSICAL SECURITY:

The contractor shall provide physical security measures to safeguard against loss of Government materials or records given during transition and established or maintained during the course of this contract. The contractor shall be liable for all losses of Government equipment, materials and records in their charge, regardless of the cause of the loss.

THE TWO CONTRACTS:

tc \l2 " C.3 THE TWO CONTRACTS:

Two separate contracts will be awarded. Following is a description of the method of procurement, tasks assigned, and level of effort, for each solicitation.

I. Construction Management Services

This solicitation will be conducted under the NAICS Code for Construction Management Services. The level of effort is estimated to be approximately 62 person per years. The successful offeror will be responsible for performing the following specific tasks as shown below:

Task 1 ‑ Site Selection and Analysis

Task 2 ‑ Utilization Studies

Task 3 ‑ Facility Surveys

Task 4 ‑ Presentation of the CRA Budget

Task 5 ‑ Job Corps Annual Construction and Rehabilitation Plan

Task 6 – Design Project Management

Task 7 – Construction Project Management

Task 8 – Technical and Administrative Support

Task 9 – On-Site Construction Engineers (Representatives)

Task 10‑ Real Estate Services

II. Contract Administration and Support Services

This solicitation will be conducted under the NAICS Code for Contract Administration and Management Support Services. The level of effort for the set‑aside contract is estimated to be between 15 person per years. The successful offeror will be responsible for performing the general tasks for contract administration, IT//LAN and data base development support, Technical Evaluation Support, and Closeout contracts.

Task 1 – Project Management and Contract Administration of Design and Construction Contracts

Task 2 – IT/LAN and data Development Support

Task 3 – Technical Evaluation Support

Task 4 – Closeout Contracts PARTNERING: Within one week following award of the Construction Management Support Service two contracts and notification by the Government, awardees will schedule an initial partnering session. The purpose of the partnering session(s) will be for the management and other principals of the firms to discuss their goals and objectives, prepare a plan to present to DOL for the transition, including the assignment of office space, shared cost items such as lease payments, materials and supplies, equipment, etc., organizational structure to assure a smooth transition and continuing working relationship, conflict resolution, and other coordination tasks as found required by the awardees and necessary to assure a cohesive and successful project. DOL staff shall not be involved in the partnering session(s) except for presentation of the final partnering agreement, requests for information or to address specific topics as requested jointly by the contractors. The number of partnering sessions to be held, following the initial session, shall be determined by the contractors, however a minimum of two sessions are required. It is highly recommended that a knowledgeable and experienced facilitator be considered. Reasonable costs for the partnering activities will be a shared cost to the contracts.

SPECIFIC TASKS TO BE PERFORMED

tc \l2 " C.9 8(a) SET ASIDE SPECIFIC TASKS TO BE PERFORMED Task 1 ‑ Project Management and Contract Administration of Design and Construction Contracts:

a) The contractor(s) shall assist and support the DOL/OASAM/OPS/A & E and Construction, and their technical staff in the planning, acquisition and administration of Job Corps design and construction contracts. The task generally includes all of those activities typically performed by contract specialists in support of a Contracting Office to include preparation of extensive written correspondence for review and signature by the Contracting Officer, participation on architect and engineering selection panels and fee negotiation review, contractual requirements of bidding documents, assist in bid scheduling and opening of bids, prepare bid analysis, work with the design and engineering staff to review and address issues that arise during design and construction contract performance, review and monitor construction progress and monthly progress payments and, facilitate and direct project close‑out and final acceptance of the project. The contractor shall follow and have a complete understanding of the Federal Acquisition Regulation (FAR) in all aspects of the work and other relevant regulations as applicable.

b) Assist the DOL Contracting Officer and others in all aspects of dispute resolution to include analysis and preparation of responses to Requests for Equitable Adjustment, claims analysis and preparation, discovery, and general fact finding relating to federal procurement in general and contract administration of design and construction contracting in particular. Assist the DOL/OASAM/ A & E and Construction Contracting Officer in locating and obtaining the assistance of outside experts and consultants when necessary in claims preparation or other contract disputes.

c) Be responsible for maintaining at all times a current FAR regulation and regularly review and be aware of current case law regarding protests, board of contract appeals decisions, federal court litigations, and other information and policy issues in the procurement field.

d) Implement a system of accurate and complete maintenance and security of contract files and other records. Prepare and submit a written policy and organizational paper to DOL during the transition period of the partnering results in reference to file maintenance. (Only one contract file system will be maintained by the two contractors on the project.)

(e) Maintain and enhance the current management information system (ESCIS) for scheduling, fund control, monitoring, and reporting on each project; and provide all project and contract administration necessary to effectively manage the project and adhere to all procurement rules and regulations. The system should promptly identify potential or demonstrated schedule delays, cost overruns and/or other problems which could impact upon Government obligations and thereby be of utility in making recommendations to the Government for corrective actions. (Enhancements to the ESCIS will remain the sole property of the Government.)

In accordance with the policy of the Department of Labor, all procurement for Architect/Engineer and Construction services shall be conducted under preference programs in accordance with FAR Part 19 and Departmental policy. The contractor shall provide outreach services and maintain up‑to‑date source records, including Standard Form 330 record keeping, in order to identify and encourage participation by small, disadvantaged and women owned business concerns in the Job Corps A/E and Construction program. The contractor shall also prepare required Quarterly Minority Business Reports (MBDA‑91) on all Job Corps A/E and Construction activities and submit to the Government within thirty (30) calendar days after the fiscal quarter covered by the report.

f) The contractor shall have a Document Control Manager/Mail Control Manager employee with strong organizational and computer skills to assist DOL personnel doing bid submittal and receiving the Standard Form 330 during the evaluation of proposals. Also, the contractor will assist with the mail related to the any construction project with in the Job Corps Design and Construction Program. The Document Control Manager shall be trained and shall have previous experience similar role.

g) The contractor shall have a Mail Control Manger perform various mailroom operations services and miscellaneous support services. Services include but are not limited to mailroom functions such as: Collecting Mail; Process Mail; Distribution of Printed Material; Deliver Mail; Prepare Mail Activity Report; Maintain Bulletin Boards and Manage Mail Supplies.

Task 2 – IT/ADP/LAN Support:

The contractor shall provide appropriate staffing to utilize and maintain the current data system. This system consists of the current data system utilizes two Compaq Proliant 2500 200 MHZ with 128 RAM, 256 cache, 29.IG SCSI hard drives and turbo data autoloader with magazine. It also consists of a Cisco Catalyst 5000 router, and a Cisco Catalyst 1900 router. Finally, as a part of the LAN, the offeror will be connected by dedicated T1 data communication lines to the National and Regional Offices of the ETA. Novell Netware 4.11 is the ETA standard network operating system. The successful offeror must demonstrate that the firm has the capability to utilize and maintain this data.

Task 3 – Technical Panel Evaluator

The contractor shall provide at less 6 part-time employees responsible for evaluating technical proposals in accordance with the procedures described in the evaluation criteria stated in future solicitation. The contractor is to provide their assessment of the offerors ability to accomplish the requirement, including the appropriate supporting narrative. The contractor should have experience and expertise in areas relevant to construction. The contractor shall comply with all applicable states and regulation.

Task 4 – Closeout Contracts

The contractor shall provide closeout of the contract after receiving evidence of completion as directed by the Contracting Officer. The documentation in the files shall be scanned and closeout in accordance to FAR 4.804.

SECTION C - CONTRACT CLAUSES

C.1 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):

http://www.arnet.gov/far/

I. FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

NUMBER

TITLE DATE

52.212-4

CONTRACT TERMS AND CONDITIONS--

FEB 2007

COMMERCIAL ITEMS

C.2 ADDENDUM to FAR 52.212-4 Contract Terms and Conditions-- Commercial Items

52.204-4

PRINTED OR COPIED DOUBLE-SIDED

AUG 2000

ON RECYCLED PAPER

52.217-8

OPTION TO EXTEND SERVICES

NOV 1999

Fill in: Prior to expiration of the current contract period.

52.217-9

OPTION TO EXTEND THE TERM OF CONTRACT

MAR 2000

Fill in: (a)Prior to expiration of the current contract period. © 5 years

52.227-14

RIGHTS IN DATA--GENERAL

JUN 1987

52.232-18

AVAILABILITY OF FUNDS

APR 1984

52.232-19

AVAILABILITY OF FUNDS FOR THE NEXT

FISCAL YEAR

52.237-2

PROTECTION OF GOVERNMENT BUILDINGS,

EQUIPMENT, AND VEGETATION

52.242-15

STOP-WORK ORDER

AUG 1989

52.245-1A

GOVERNMENT PROPERTY

JUN 2007

ALTERNATE I (JUNE 2007)

52.245-9

USE AND CHARGES

JUN 2007

C.3 52.219-17 SECTION 8(a) AWARD (DEC 1996)

(a) By execution of a contract, the Small Business Administration (SBA) agrees to the following:

(1) To furnish the supplies or services set forth in the contract according to the specifications and the terms and conditions by subcontracting with the Offeror who has been determined an eligible concern pursuant to the provisions of section 8(a) of the Small Business Act, as amended (15 U.S.C. 637(a)).

(2) Except for novation agreements and advance payments, delegates to the Office of Assistant Secretary for Administration & Mgmt. the responsibility for administering the contract with complete authority to take any action on behalf of the Government under the terms and conditions of the contract; provided, however that the contracting agency shall give advance notice to the SBA before it issues a final notice terminating the right of the subcontractor to proceed with further performance, either in whole or in part, under the contract.

(3) That payments to be made under the contract will be made directly to the subcontractor by the contracting activity.

(4) To notify the Office of Assistant Secretary for Administration & Mgmt. Contracting Officer immediately upon notification by the subcontractor that the owner or owners upon whom 8(a) eligibility was based plan to relinquish ownership or control of the concern.

(5) That the subcontractor awarded a subcontract hereunder shall have the right of appeal from decisions of the cognizant Contracting Officer under the "Disputes" clause of the subcontract.

(b) The offeror/subcontractor agrees and acknowledges that it will, for and on behalf of the SBA, fulfill and perform all of the requirements of the contract.

(c) The offeror/subcontractor agrees that it will not subcontract the performance of any of the requirements of this subcontract to any lower tier subcontractor without the prior written approval of the SBA and the cognizant Contracting Officer of the Office of Assistant Secretary for Administration & Mgmt..

C.4 DOLAR 2952.201-70 CONTRACTING OFFICER'S TECHNICAL REPRESENTATIVE

(COTR) (MAY 2004)

(a) The COTR To Be Determine is hereby designated to act as contracting officer's technical representative (COTR) under this contract.

(b) The COTR is responsible, as applicable, for: receiving all deliverables; inspecting and accepting the supplies or services provided hereunder in accordance with the terms and conditions of this contract; providing direction to the contractor which clarifies the contract effort, fills in details or otherwise serves to accomplish the contractual scope of work; evaluating performance; and certifying all invoices/vouchers for acceptance of the supplies or services furnished for payment.

(c) The COTR does not have the authority to alter the contractor's obligations under the contract, and/or modify any of the expressed terms, conditions, specifications, or cost of the agreement. If, as a result of technical discussions, it is desirable to alter/change contractual obligations or the scope of work, the contracting officer must issue such changes.

C.5 CONTRACTOR EMPLOYEE SUITABILITY AND SECURITY REQUIREMENTS

1. Background Investigations

a. Background Investigation Requirements. The investigation requirements for contractor employees are based on the risk or sensitivity level designation of the position. The Contracting Officer, Contracting Officer's Technical Representative, or other DOL Agency's designated official informs the Contractor of the risk or sensitivity level for each contractor employee position. The minimum level of investigation for each risk or sensitivity level is indicated below.

Position Risk/Sensitivity Level:

Minimum Investigation Requirement:

Low Risk/Non-sensitive National Agency Check & Inquiries (NACI)

Moderate Risk Minimum Background Investigation (MBI)

High Risk Background Investigation (BI)

Noncritical-Sensitive Minimum Background Investigation (MBI)*

Critical-Sensitive Single Scope Background Investigation (SSBI)*

* Individuals occupying Critical-Sensitive positions (i.e., require Top Secret security clearances) are subject to reinvestigation every 5 years. Individuals occupying Noncritical-Sensitive positions are subject to reinvestigation every 10 years for Secret security clearances and every 15 years for Confidential security clearances.

b. Conducting Background Investigations. All contract employees require a background investigation. The Office of Personnel Management (OPM) will conduct background investigations for DOL employees and contractor employees. Since OPM only accepts requests from Federal agencies to conduct background investigations, the DOL Agency will make arrangements with the Contractor to send the contractor employee's completed papers to the DOL Agency for submission to OPM.

c. Payment for Background Investigation. If the DOL Agency bears the cost for background investigations on contractor employees, the designated DOL Agency official will forward the required documents to OPM. If the Contractor bears the cost of the investigations, TBD

2. The Investigation Process

The Contractor shall submit written procedures to the designated DOL Agency official describing the method by which the following investigation requirements will be satisfied.

a. Pre-employment Checks. Before a contractor employee can begin work for DOL, he or she must provide the Contractor with a properly completed OF-306, Declaration for Federal Employment, on which the employee has completed items 1 through 7c, questions 9 through 13, and item 16 as necessary, and has signed item 17. (Attachment is a copy of the OF-306. This form can also be found at the following website: http://www.opm.gov/forms.) If the Contractor has not received a completed OF-306 from the contractor employee within 5 days after requesting the form, the Contractor shall notify .

If the person answers "Yes" to one or more of questions 9 through 13, the Contractor shall notify immediately. The designated DOL Agency official will inform the Contractor whether or not the contractor employee may work on the contract. Before making this decision the designated DOL Agency official may also require a pre-employment FBI fingerprint check on contract employees. This procedure is described in Chapter 2, Section 6.

b. Submission of Investigation Documents. The Contractor shall submit the required documents below to the designated DOL Agency official within 14 calendar days of each contractor employee's placement on the contract in a High Risk, Moderate Risk, Low Risk, or Noncritical-Sensitive position. However, the Single Scope Background Investigation must be completed before the contractor employee is placed in a Critical-Sensitive position, unless the Department approves the placement of the contractor employee's placement in the position before the investigation is completed. The specific form that he or she completes depends on the risk or sensitivity level of the work that he or she will perform. These forms can be found on the following website: http://www.opm.gov/forms.

· The SF-85, Questionnaire for Nonsensitive Positions, is used with positions or work that are designated at the Low Risk level. The minimum investigation required is a National Agency Check and Inquiries.

· The SF-85P, Questionnaire for Public Trust Positions, is used with positions or work that are designated at the Moderate or High Risk level. The minimum investigation required for the Moderate Risk level is a Minimum Background Investigation. The minimum investigation required for the High Risk level is a Background Investigation.

· The SF-86, Questionnaire for National Security Positions, is used with positions or work that are designated at the Noncritical-Sensitive or Critical-Sensitive level. The minimum investigation for Noncritical-Sensitive work is a Minimum Background Investigation. The minimum investigation for Critical-Sensitive work is a Single Scope Background Investigation.

The Contractor shall also ensure that each contractor employee is fingerprinted using Form FD-258. The Contractor can get copies of this form from .

The Contractor shall submit the following completed forms and documents to the for each contractor employee based on the risk or sensitivity level of work that such employee is performing:

Low Risk:

High/Moderate Risk:

Critical/Noncritical Sensitive:

SF-85

SF-85P

SF-86

FD-258

OF-306

Application/Resume Application/resume Application/resume

c. Temporary Contractor Employees. If the contractor employee is assigned to Low Risk work and is employed on a seasonal, daily, or intermittent basis, or for no more than 180 days, the NACI is not required. However, the Contractor shall submit the fingerprints of the contractor employee to on a Form FD-258.

3. Adjudication

a. Referral of Suitability Issues. When OPM has completed the contractor employee's background investigation, it shall send the report of investigation to the Department's Office of Executive Resources and Personnel Security (OERPS). If the report contains suitability issues, the OERPS will forward the report to the designated DOL Agency official for review and adjudication.

b. Suitability Standard and Criteria. The suitability standard and criteria are described in Chapter 3, Section 3.

c. Unfavorable Suitability Determination. If the designated DOL Agency official determines that the contractor employee is unsuitable, the Contracting Officer will inform the Contractor in writing that the contractor employee is denied access to DOL facilities and/or information and information systems. If revoking access to DOL facilities and/or information and information systems negatively impacts the contractor employee's ability to perform, he or she shall be removed from the contract. Any removal of a contractor employee shall not be considered grounds for a delay or adjustment claim from the Contractor.

4. Non-disclosure Agreement

The Contractor shall require each contractor employee to review and sign the attached non-disclosure agreement (Attachment ) when he or she begins work on the DOL contract. The Contractor must send the signed copy to .

C.6 FRINGE BENEFITS

Social Security, Worker'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.

C.7 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.

C.8 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 which the services are provided; and (3) the results of the subject matter of the consultation.

C.9 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.

C.10 ACCOUNTING AND AUDITING SERVICES

(a) Accounting

The contractor may procure and utilize such accounting services as are required to establish and maintain an accounting system which reflect accurate, current and complete financial transactions and which meet the standards of the Comptroller General of the United States and the Department of Labor.

(b) Auditing

The contractor shall audit or have audited subcontractor financial records as may be required to determine, at a minimum, the fiscal integrity of financial transactions and compliance with laws, regulations and administrative requirements.

The U.S. Department of Labor shall be responsible for scheduling all audits of the prime contractor's books, documents, papers and records. The Department will use its own audit resources or shall use certified or public accountants under contract or auditors from another Federal agency.

Cost of Accounting Services and Audit of subcontractors as described herein are allowable cost under this contract. Costs for audits for which the U.S. Department of Labor is responsible are unallowable.

C.11 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, and one color.

C.12 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:

Name

Labor Category

Project Manager_____________

Sr. Project Manger_______________

C.13 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.

C.14 SUBMISSION OF CORRESPONDENCE

All correspondence relating to contractual aspects shall be directed to the Office of Procurement Services, Architect and Engineering and Construction Services, Attention: Division Chief.

C.15 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.

C.16 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.

C.17 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.

C.18 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.

C.19 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.

C.20 DISCLOSURE OF CONFIDENTIAL INFORMATION

The Contractor agrees to maintain the confidentiality of any…