RFP - SF33 - Armed Guard Services 08142008F.doc

DOL089RP20589

Table of Contents

PART I - THE SCHEDULE

SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 SCOPE OF CONTRACT

SECTION D - PACKAGING AND MARKING

SECTION E - INSPECTION AND ACCEPTANCE

E.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

SECTION F - DELIVERIES OR PERFORMANCE

F.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

F.2 REPORTS

F.3 PERIOD OF PERFORMANCE

F.4 PLACE OF PERFORMANCE……………………………………………………..…………………..6

F.5 CONTRACT TYPE………………………………………..…………………………………………...6

F.5 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)…………………………………………...6

F.6 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)…………………7

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 INVOICE REQUIREMENTS…………………………………………………………………………8

G.2 METHOD OF PAYMENT

G.3 DOLAR 2952.201-70 CONTRACTING OFFICER'S TECHNICAL REPRESENTATIVE (COTR) (MAY 2004)

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 WAIVER OF DELIVERY SCHEDULE

H.2 INTERRUPTION OF SERVICE

H.3 TRANSITION PLAN - CONTRACT PHASE OUT

H.4 DISSEMINATION OF INFORMATION

H.5 RELEASE OF REPORTS

H.6 TYPE OF SERVICE

H.7 CITIZENSHIP

H.8 EMPLOYEE RELATIONSHIP

H.9 INAPPLICABILITY OF EMPLOYEE BENEFITS

H.10 CONTRACTOR SUPERVISION

…12

H.11 ALL ITEMS TO BECOME PROPERTY OF THE GOVERNMENT

H.12 CONTRACTOR EMPLOYEE SUITABILITY AND SECURITY REQUIREMENTS

H.13 SUBMITTAL DATA ON PERSONNEL

H.14 NOTIFICATION TO INTERESTED PARTIES UNDER COLLECTIVE BARGAINING

AGREEMENTS (CBAs)… ……………………………………………………………………………….15

H.15 FAR 22.1010 NOTICE..

H.16 PREVAILING WAGE DETERMINATION………………………………………………………..15

H.17 WAGE DETERMINATION BASED ON COLLECTIVE BARGAINING AGREEMENTS…… 16

H.18 REVIEW OF WAGE DETERMINATION…………………………………………………………16

H.19 DISCOVERING ERRORS BY DEPARTMENT OF LABOR…..…………………………………17

H.20 NOTIFICATION TO CONTRACTORS AND EMPLOYEES..……………………………………17

H.21 SENORITY LISTS…………………………..………………………………………………………17

H.22 PROPER INVOICE AND PAYMENT DOCUMENTATION PROCESS………………………...17

H.23 KEY PERSONNEL…………………………………………………………………………………19

PART II - CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES

I.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

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

I.3 52.222-39 NOTIFICATION OF EMPLOYEE RIGHTS CONCERNING PAYMENT OF UNION DUES OR FEES (DEC 2004)

I.4 52.222-41 SERVICE CONTRACT ACT OF 1965, AS AMENDED (JUL 2005)

I.5 52.222-43 FAIR LABOR STANDARDS ACT AND SERVICE CONTRACT ACT - PRICE ADJUSTMENT (MULTIPLE YEAR AND OPTION CONTRACTS) (MAY 1989)

I.6 52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES (MAY 1989)…….30

I.7 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION

(JUNE 2007)………………………………………………………………………………………….. 30

I.7 52.232-25 PROMPT PAYMENT (OCT 2003)

.…..31

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS.

SECTION J - LIST OF ATTACHMENTS

.34

J.1 STATEMENT OF WORK (SOW)

J.2 PRICE PROPOSAL TABLE

J.3 EXHIBITS

J.4 WAGE DETERMINATIONS 2005-2103 REV 4

J.5 PAST PERFORMANCE SURVEY

J.6 COLLECTIVE BARGAINING AGREEMENT(CBA)

PART IV - REPRESENTATIONS AND INSTRUCTIONS

SECTION K - REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS

K.1 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2006)

K.2 SIGNATURE BLOCK

SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

L.1 NOTICE LISTING SOLICITATION PROVISIONS INCORPORATED BY REFERENCE

L.2 52.216-1 TYPE OF CONTRACT (APR 1984)

L.3 52.233-2 SERVICE OF PROTEST (SEP 2006)

L.4 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

L.6 INSTRUCTIONS FOR THE PREPARATION OF PROPOSALS

L.7 NUMBER OF AWARDS

L.8 ALL OR NOTHING PROPOSALS

L.9 QUESTIONS REGARDING THIS SOLICITATION

SECTION M - EVALUATION FACTORS FOR AWARD

M.1 NOTICE LISTING SOLICITATION PROVISIONS INCORPORATED BY REFERENCE

M.2 METHOD OF AWARD (BEST VALUE)

M.3 EVALUATION FACTORS AND RATINGS

M.4 PAST PERFORMANCE EVALUATION

M.5 TECHNICAL AND MANAGEMETN CAPABILITY EVALUATION

M.6 COST EVALUATION

PART I - THE SCHEDULE

SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS

[SEE ATTACHMENT J.2 FOR PRICE PROPOSAL TABLE]

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 SCOPE OF CONTRACT

The Contractor shall furnish armed guard services in accordance with Section J, J.2 - Statement of Work (SOW).

SECTION D - PACKAGING AND MARKING

[FOR THIS SOLICITATION THERE ARE NO CLAUSES IN THIS SECTION]

SECTION E - INSPECTION AND ACCEPTANCE

E.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

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

52.246-4

INSPECTION OF SERVICES--FIXED-PRICE

AUG 1996

52.204-9

PERSONAL IDENTITY VERIFICATION OF

SEP 2007

CONTRACTOR PERSONNEL

52.227-14

RIGHTS IN DATA--GENERAL

JUN 1987

52.232-18

AVAILABILITY OF FUNDS

APR 1984

52.245-1A

GOVERNMENT PROPERTY

JUN 2007

ALTERNATE I (JUNE 2007)

52.245-2

GOVERNMENT PROPERTY INSTALLATION

OPERATION SERVICES

52.245-9

USE AND CHARGES

JUN 2007

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.

52.242-15

STOP-WORK ORDER

AUG 1989

F.2 REPORTS

The Contractor shall prepare and deliver reports listed below to the designated addressees. Each report shall cite the contract number and identify the Office of Assistant Secretary for Administration & Mgmt. specific report or CLIN number.

Progress Reports

The Project Manager shall provide a monthly progress report to the Contracting Officer and COTR via electronic mail. This report shall include the Contract number, applicable CLINS, a brief summary of all Contractor work performed to include response to any incidents, an assessment of technical progress, schedule status, any travel conducted and any Contractor concerns or recommendations for the previous month (See SOW 1.49).

(B) Firearms Status Report (turn-in, repair, replacement, etc.)

To ensure the U.S. Department of Labor (DOL) can be assured of the firearms safety and accountability at all times while present in this federal facility. The Firearms Status Report (turn-in, repair, replacement, etc.) will ensure the vendor/contractor will meet or exceed federal firearms safety and accountability guidelines. The Department reserves the right to make any necessary changes to these areas/metrics in support of government requirements.

The reporting requirements will include (at a minimum):

1. Number of firearms (plus spares if applicable) by serial number present at this federal facility for the purpose of contract performance

2. Number of firearms by serial number prepared to be transferred out of this facility for repairs, maintenance, and or replacement.

3. Number of firearms by serial number prepared to be transferred in this facility for repairs, maintenance, and or replacement.

4. Miscellaneous Items Copies shall be distributed as follows: Contracting Officer’s Technical Representative (COTR), Project Manager (PM), Contracting Officer (CO) (when applicable) and the Contract File.

F.3 PERIOD OF PERFORMANCE

This contract shall consist of a one (1) year base period and four (4) one-year option period(s) to be exercised at the discretion of the Government.

F.4 PLACE OF PERFORMANCE

The place of performance is the Department of Labor (DOL) Frances Perkins Building (FPB), 200 Constitution Ave., NW, Washington DC 20210. (See Section J, Exhibit 1) and the DOL / Employee Benefits Security Administration (EBSA) at 122 C St. NW (specifically floors 4, 5, and 6), Washington, DC 20210.

F.5 52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates the award of a Firm Fixed Price (FFP) contract resulting from this solicitation.

F.5 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 60 days.

F.6 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives 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 clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five (5) years.

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 INVOICE REQUIREMENTS

Contractor will prepare and submit proper invoices (as defined in C below) in accordance with the criteria outlined below to the Payment Office, not more frequently than monthly, unless otherwise so authorized in the contract. (Also, see Clause 52.232-8 "Discount for Prompt Payment", contained in Section I of the contract.)

If the contract is a fixed-price type contract, the contractor may submit SF-1034, Public Voucher, or the equivalent thereto; i.e., the contractor's own invoice.

Original Invoices should be submitted to the payment office below:

U.S. Department of Labor

OASAM - Office of Financial Management Operations (OFMO)

200 Constitution Avenue, NW, Room S-5526

Washington, D.C. 20210

A courtesy copy of each invoice should also be submitted to the Contracting Officer’s Technical Representative (COTR). The COTR to include name and contact information, will be determined at a later date.

The Invoice must include the same budget line items or cost categories as it appears in the contract, including any modifications thereto.

In accordance with FAR 32.905(b), 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.

G.2 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.3 DOLAR 2952.201-70 CONTRACTING OFFICER'S TECHNICAL REPRESENTATIVE (COTR) (MAY 2004)

(a) Ms. STACEY C. THOMPSON, 200 Constitution Avenue, NW, Washington, DC 20210, 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.

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 WAIVER OF DELIVERY SCHEDULE

None of the following shall be regarded as an extension, waiver, or abandonment of the delivery schedule or a waiver of the Government's right to terminate for default: (i) Delay by the Government in terminating for default; (ii) Acceptance of delinquent deliveries; and (iii) Acceptance or approval of samples submitted either after default in delivery or in sufficient time for the contractor to meet the delivery schedule.

Any assistance rendered to the contractor on this contract or acceptance by the Government of delinquent goods or services hereunder will be solely for the purpose of mitigating damages and is not to be construed as an intention on the part of the Government to condone any delinquency, or as a waiver of any rights the Government may have under subject contract.

H.2 INTERRUPTION OF SERVICE

The Contractor recognizes that the services under this contract are critical to the Government and must continue without interruption. Contractor also recognizes that when the contract expires, a successor, either the Government or another contractor, may continue the services. The Contractor agrees to furnish phase-in-training, apply its best efforts and cooperation to carry out an orderly and efficient transition to a successor.

H.3 TRANSITION PLAN - CONTRACT PHASE OUT

The offeror shall address those actions, plans, procedures and resources (less) necessary to complete the contract term without impacting service or response in functional areas. Describe in detail how responsibility and accountability will be relinquished for all Government furnished property and documentation of the system. Discuss procedures for identifying accrued personnel benefits such as personal and sick leave, the scheduling of such absences, and their effect on contract performance during phase out.

H.4 DISSEMINATION OF INFORMATION

There shall be no dissemination or publication, except within and between the Contractor and any subcontractors, of information developed under this contract or contained in the reports to be furnished pursuant to this contract without prior written approval from the Contracting Officer.

H.5 RELEASE OF REPORTS

The Contractor is prohibited from releasing to any source, other than the sponsoring activity, any interim, draft and final reports or information pertaining to services performed under this contract until report approval or official review has been obtained. Furthermore, the contractor shall insure that the cover of all interim, draft and final reports contain the following statement: "The view, opinions, and/or findings contained in this report are those of the author(s) and should not be construed as an official Government position, policy or decision, unless so designated by other documentation."

H.6 TYPE OF SERVICE

a. The Government and the Contractor understand and agree that the services delivered by the Contractor to the Government are non-personal services. The parties also recognize and agree that no employer-employee or master-servant relationship exists or will exist between the Government and the Contractor. The Contractor and the Contractor's employees are not employees of the Federal Government and are not eligible for entitlement and benefits given federal employees.

b. Contractor personnel under this contract shall not:

(1) Be placed in a position where there is an appearance that they are employed by a Federal Officer, or are under the supervision, direction, or evaluation of a Federal Officer.

(2) Be placed in a position of command, supervision, administration or control over personnel or personnel of other Government Contractors, or become a part of the Government organization.

(3) Be used in administration or supervision of procurement activities.

H.7 CITIZENSHIP

All contract employees shall be U.S. citizens or legal immigrant aliens.

H.8 EMPLOYEE RELATIONSHIP

a. The services to be performed under this contract do not require the Contractor or his employees to exercise personal judgment and discretion on behalf of the Government, but rather, the Contractor's employees will act and exercise personal judgment and discretion on behalf of the Contractor.

b. Rules, regulations, directives and requirements which are issued by Government Authorities under their responsibility for good order, administration and security are applicable to all personnel who enter a Government installation or who travel on Government transportation. This is not to be construed or interpreted to establish any degree of Government control which is inconsistent with a non-personal services contract.

H.9 INAPPLICABILITY OF EMPLOYEE BENEFITS

This contract does not create an employer-employee relationship. Accordingly, entitlement and benefits applicable to such relationships do not apply.

a. Payments under this contract are not subject to Federal income tax withholding.

b. Payments under this contract are not subject to Federal Insurance Contributions Act.

c. The Contractor is not entitled to unemployment compensation benefits under the Social Security Act, as amended, by virtue of performance under this contract.

d. The Contractor is not entitled to any workmen's compensation benefits by virtue of this contract.

e. The entire consideration and benefits to the Contractor for performance of this contract is contained in the provisions for payment under this contract.

H.10 CONTRACTOR SUPERVISION

The Government will not supervise, direct, or evaluate the contractor's employees. Similarly, the contractor's employees shall not supervise, direct, or evaluate Government employees or employees employed by other contractors. The contractor's employees shall not become an integrated part of any Government organization, nor shall they administer or control any Government procurement activities.

H.11 ALL ITEMS TO BECOME PROPERTY OF THE GOVERNMENT

Title to all sources data and materials furnished by the government, together with all plans, system analysis and design specifications and drawings, completed programs except priority programs and documentation thereof, reports and listings, and all other items pertaining to the work and services to be performed under orders pursuant to this contract, including any copyright shall become and remain with the government upon completion. The government shall have the full right to use each of these for its purposes without compensation or approval on the part of the contractor. The government shall have access to and the right to make copes of the above mentioned items. All proprietary programs shall be indicated as such in individual proposals.

H.12 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)*

* Individuals occupying Critical-Sensitive positions (i.e., require Top Secret security clearances) are subject to reinvestigation every five (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, [Describe the arrangements by which the Contractor will reimburse the DOL Agency for the cost of the investigations.].

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. (A copy of the OF-306 form can 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 five (5) days after requesting the form, the Contractor shall notify the designated DOL Agency official.

If the person answers "Yes" to one or more of questions 9 through 13, the Contractor shall notify the designated DOL Agency official 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 Federal Bureau of Investigation (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 fourteen (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 designated DOL Agency official.

The Contractor shall submit the following completed forms and documents to the designated DOL Agency official 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 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 the designated DOL Agency official 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 a non-disclosure agreement when he or she begins work on the DOL contract. The Contractor must send the signed copy to the designated DOL Agency Official.

H.13 SUBMITTAL DATA ON PERSONNEL

The Contractor shall provide a list of personnel including their area of expertise, who will be available for assignment to support the contract. A resume shall be submitted for all personnel identified as key. Resumes shall clearly show how and where individuals possess the required experience for the position (See Section J – Exhibits).

H.14 NOTIFICATION TO INTERESTED PARTIES UNDER COLLECTIVE BARGAINING AGREEMENTS (CBAs).

(a) In accordance with FAR 22.1010, the contracting officer should determine whether the incumbent prime contractor’s or its subcontractors’ service employees performing on the current contract are represented by a collective bargaining agent. If there is a collective bargaining agent, the contracting officer shall give both the incumbent contractor and its employees’ collective bargaining agent written notification of—

(1) The forthcoming successor contract and the applicable acquisition dates (issuance of solicitation, opening of bids, commencement of negotiations, award of contract, or start of performance, as the case may be); or

(2) The forthcoming contract modification and applicable acquisition dates (exercise of option, extension of contract, change in scope, or start of performance, as the case may be); or

(3) The forthcoming multiple year contract anniversary date (annual anniversary date or biennial date, as the case may be).

(b) This written notification must be given at least 30 days in advance of the earliest applicable acquisition date or the applicable annual or biennial anniversary date in order for the time-of-receipt limitations in paragraphs 22.1012-2(a) and (b) to apply. The contracting officer shall retain a copy of the notification in the contract file.

H.15 FAR 22.1010 NOTICE

FAR 22.1010 requires Contracting Officers to send a “Notification to Interested Parties” (the incumbent contractor and any unions recognized by the contractor) at least thirty (30) days prior to the issuance of a solicitation, exercise of options, extensions, or award of a new contract. This notice provides important protections for both the Government and contractors. It gives the unions and employers an opportunity to conclude any collective bargaining agreement negotiations timely and have those increases apply to the next contract period. It provides a firm date when the cost of the contract is no longer subject to change. The notice should be sent by certified mail or another method that allows the CO to document its receipt by both the incumbent contractor and the collective bargaining agent. A notice should be sent even if a collective bargaining agreement does not currently exist, if the DOL becomes aware that the contractor’s employees have become represented by a union.

H.16 PREVAILING WAGE DETERMINATION

In accordance with FAR 22.1012-1:

(a)(1) The Wage and Hour Administrator may issue revisions to prevailing wage determinations periodically. The need for inclusion of a revised prevailing wage determination in a solicitation, contract or contract modification (see 22.1007) is determined by the date of receipt of the revised prevailing wage determination by the contracting agency. (Note the distinction between receipt by the agency and receipt by the contracting officer which may occur later.)

(i) For purposes of using WDOL, the time of receipt by the contracting agency shall be the first day of publication of the revised prevailing wage determination on the website.

(ii) For purposes of using the e98 process, the time of receipt by the contracting agency shall be the date the agency receives actual notice of a new or revised prevailing wage determination from the Department of Labor as an e98 response.

(2) In selecting a prevailing wage determination from the WDOL website for use in a solicitation or other contract action, the contracting officer shall monitor the WDOL website to determine whether the applicable wage determination has been revised. Revisions published on the WDOL website or otherwise communicated to the contracting officer within the timeframes prescribed at 22.1012-1(b) and (c) are effective and must be included in the resulting contract. Monitoring can be accomplished by use of the WDOL website’s “Alert Service”.

(b) The following shall apply when contracting by sealed bidding: a revised prevailing wage determination shall not be effective if it is received by the contracting agency less than 10 days before the opening of bids, and the contracting officer finds that there is not reasonable time to incorporate the revision in the solicitation.

(c) For contractual actions other than sealed bidding, a revised prevailing wage determination received by the contracting agency after award of a new contract or a modification as specified in 22.1007(b) shall not be effective provided that the start of performance is within 30 days of the award or the specified modification. If the contract does not specify a start of performance date which is within 30 days of the award or the specified modification, and if contract performance does not commence within 30 days of the award or the specified modification, any revision received by the contracting agency not less than 10 days before commencement of the work shall be effective.

(d) If the contracting officer has submitted an e98 to the Department of Labor requesting a prevailing wage determination and has not received a response within 10 days, the contracting officer shall contact the Wage and Hour Division by telephone to determine when the wage determination can be expected. (The telephone number is provided on the e98 website.)

H.17 WAGE DETERMINATIONS BASED ON COLLECTIVE BARGAINING AGREEMENTS

In accordance with FAR 22.1012-2:

(a) In sealed bidding, a new or changed collective bargaining agreement shall not be effective under section 4(c) of the Act if the contracting agency has received notice of the terms of the new or changed collective bargaining agreement less than 10 days before bid opening and the contracting officer determines that there is not reasonable time to incorporate the new or changed terms of the collective bargaining agreement in the solicitation.

(b) For contractual actions other than sealed bidding, a new or changed collective bargaining agreement shall not be effective under section 4(c) of the Act if notice of the terms of the new or changed collective bargaining agreement is received by the contracting agency after award of a successor contract or a modification as specified in 22.1007(b), provided that the contract start of performance is within 30 days of the award of the contract or of the specified modification. If the contract does not specify a start of performance date which is within 30 days of the award of the contract or of the specified modification, or if contract performance does not commence within 30 days of the award of the contract or of the specified modification, any notice of the terms of a new or changed collective bargaining agreement received by the agency not less than 10 days before commencement of the work shall be effective for purposes of the successor contract under section 4(c) of the Act.

(c) The limitations in paragraphs (a) and (b) of this subsection shall apply only if timely notification required in 22.1010 has been given.

(d) If the contracting officer has submitted an e98 to Department of Labor requesting a wage determination based on a collective bargaining agreement and has not received a response from the Department of Labor within 10 days, the contracting officer shall contact the Wage and Hour Division by telephone to determine when the wage determination can be expected. (The telephone number is provided on the e98 website.) If the Department of Labor is unable to provide the wage determination by the latest date needed to maintain the acquisition schedule, the contracting officer shall incorporate the collective bargaining agreement itself in a solicitation or other contract action (e.g., exercise of option) and include a wage determination referencing that collective bargaining agreement created by use of the WDOL website (see 22.1008-1(d)(2)).

H.18 REVEIW OF WAGE DETERMINATION

In accordance with FAR 22.1013:

(a) Based on incumbent collective bargaining agreement. (1) If wages, fringe benefits, or periodic increases provided for in a collective bargaining agreement vary substantially from those prevailing for similar services in the locality, the contracting officer shall immediately contact the agency labor advisor to consider instituting the procedures in 22.1021.

(1) If the contracting officer believes that an incumbent or predecessor contractor’s agreement was not the result of arm’s length negotiations, the contracting officer shall contact the agency labor advisor to determine appropriate action.

(b) Based on other than incumbent collective bargaining agreement. Upon receiving a wage determination not predicated upon a collective bargaining agreement, the contracting officer shall ascertain—

(1) If the wage determination does not conform with wages and fringe benefits prevailing for similar services in the locality; or

(2) If the wage determination contains significant errors or omissions. If either subparagraph (b)(1) or (b)(2) of this section is evident, the contracting officer shall contact the agency labor advisor to determine appropriate action.

H.19 DISCOVERY OF ERRORS BY THE DEPARTMENT OF LABOR

In accordance with FAR 22.1015, if the Department of Labor discovers and determines, whether before or after a contract award, that a contracting officer made an erroneous determination that the Service Contract Act did not apply to a particular acquisition or failed to include an appropriate wage determination in a covered contract, the contracting officer, within thirty (30) days of notification by the Department of Labor, shall include in the contract the clause at 52.222-41 and any applicable wage determination issued by the Administrator. If the contract is subject to section 10 of the Act (41 U.S.C. 358), the Administrator may require retroactive application of that wage determination. The contracting officer shall equitably adjust the contract price to reflect any changed cost of performance resulting from incorporating a wage determination or revision.

H.20 NOTIFICATION TO CONTRACTORS AND EMPLOYEES

In accordance with FAR 22.1018,the Contracting officer shall take the following steps to ensure that service employees are notified of minimum wages and fringe benefits.

(a) As soon as possible after contract award, inform the contractor of the labor standards requirements of the contract relating to the Act and of the contractor’s responsibilities under these requirements, unless it is clear that the contractor is fully informed.

(b) At the time of award, furnish the contractor Department of Labor Publication WH-1313, Notice to Employees Working on Government Contracts, for posting at a prominent and accessible place at the worksite before contract performance begins. The publication advises employees of the compensation (wages and fringe benefits) required to be paid or furnished under the Act and satisfies the notice requirements in paragraph (g) of the clause at 52.222-41, Service Contract Act of 1965.

(c) Attach any applicable wage determination to Publication WH-1313.

H.21 SENIORITY LISTS

A seniority list is required if contractors are performing work at Federal facilities and are to be replaced by a contractor that may hire some or all of the contractor’s employees. The departing contractor must furnish the Contracting Officer a certified list of all service employees on the contractor or subcontractor’s payroll during the last month of the contract, along with their anniversary dates of employment. This information cannot be required earlier than permitted by

FAR 22.1020 and subparagraph (n) of the SCA clause (52.222-41) no later than ten (10) days before contract completion. The purpose of the information is to assist the new contractor in complying with SCA vacation requirements.

The seniority list is not intended as an aid to offerors for contract bidding/pricing purposes and therefore should not be provided to any offeror or awardee prior to the beginning of contract performance.

H.22 PROPER INVOICE AND PAYMENT DOCUMENTATION PROCESS

In accordance with FAR 32.905

(a) General. Payment will be based on receipt of a proper invoice and satisfactory contract performance.

(b) Content of invoices.

(1) A proper invoice must include the following items (except for interim payments on cost reimbursement contracts for services):

(i) Name and address of the contractor.

(ii) Invoice date and invoice number. (Contractors should date invoices as close as possible to the date of mailing or transmission.)

(iii) Contract number or other authorization for supplies delivered or services performed (including order number and contract line item number).

(iv) Description, quantity, unit of measure, unit price, and extended price of supplies delivered or services performed.

(v) Shipping and payment terms (e.g., shipment number and date of shipment, discount for prompt payment terms). Bill of lading number and weight of shipment will be shown for shipments on Government bills of lading.

(vi) Name and address of contractor official to whom payment is to be sent (must be the same as that in the contract or in a proper notice of assignment).

(vii) Name (where practicable), title, phone number, and mailing address of person to notify in the event of a defective invoice.

(viii) Taxpayer Identification Number (TIN). The contractor must include its TIN on the invoice only if required by agency procedures. (See 4.9 TIN requirements.)

(ix) Electronic funds transfer (EFT) banking information.

(A) The contractor must include EFT banking information on the invoice only if required by agency procedures.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the contractor must have submitted correct EFT banking information in accordance with the applicable solicitation provision (e.g., 52.232-38, Submission of Electronic Funds Transfer Information with Offer), contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer-Central Contractor Registration, or 52.232-34, Payment by Electronic Funds Transfer-Other Than Central Contractor Registration), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(x) Any other information or documentation required by the contract (e.g., evidence of shipment).

(2) An interim payment request under a cost-reimbursement contract for services constitutes a proper invoice for purposes of this subsection if it includes all of the information required by the contract.

(3) If the invoice does not comply with these requirements, the designated billing office must return it within 7 days after receipt (3 days on contracts for meat, meat food products, or fish; 5 days on contracts for perishable agricultural commodities, dairy products, edible fats or oils, and food products prepared from edible fats or oils), with the reasons why it is not a proper invoice. If such notice is not timely, then the designated billing office must adjust the due date for the purpose of determining an interest penalty, if any.

(c) Authorization to pay. All invoice payments, with the exception of interim payments on cost-reimbursement contracts for services, must be supported by a receiving report or other Government documentation authorizing payment (e.g., Government certified voucher). The agency receiving official should forward the receiving report or other Government documentation to the designated payment office by the 5th working day after Government acceptance or approval, unless other arrangements have been made. This period of time does not extend the due dates prescribed in this section. Acceptance should be completed as expeditiously as possible. The receiving report or other Government documentation authorizing payment must, as a minimum, include the following:

(1) Contract number or other authorization for supplies delivered or services performed.

(2) Description of supplies delivered or services performed.

(3) Quantities of supplies received and accepted or services performed, if applicable.

(4) Date supplies delivered or services performed.

(5) Date that the designated Government official—

(i) Accepted the supplies or services; or

(ii) Approved the progress payment request, if the request is being made under the clause at 52.232-5, Payments Under Fixed-Price Construction Contracts, or the clause at 52.232-10, Payments Under Fixed-Price Architect-Engineer Contracts.

(6) Signature, printed name, title, mailing address, and telephone number of the designated Government official responsible for acceptance or approval functions.

(d) Billing office. The designated billing office must immediately annotate each invoice with the actual date it receives the invoice.

(e) Payment office. The designated payment office will annotate each invoice and receiving report with the actual date it receives the invoice.

H.23

KEY PERSONNEL

Before replacing an individual identified as key personnel, the Contractor shall notify the Contracting Officer in writing, not less than fourteen (14) business days in advance and shall submit written justification (including the name and qualifications of the proposed substitute(s). The proposed substitute(s) shall possess qualification equal to or superior to those of the key personnel being replaced. The Contractor shall not substitute key personnel without written consent from the Contracting Officer (See Section J – Exhibits).

PART II - CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES

***If a public sector offer is selected by DOL, certain FAR clauses may not apply to the work contracted to the public sector offeror. However, such FAR clauses and other FAR requirements may apply to the work that is subcontracted to a non-federal provider. **

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.

52.202-1

DEFINITIONS

JUL 2004

52.203-3

GRATUITIES

52.203-5

COVENANT AGAINST CONTINGENT FEES

52.203-6

RESTRICTIONS ON SUBCONTRACTOR SALES TO

SEP 2006

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

SEP 2005

CERTAIN FEDERAL TRANSACTIONS

52.204-2

SECURITY REQUIREMENTS

52.204-4

PRINTED OR COPIED DOUBLE-SIDED

AUG 2000

ON RECYCLED PAPER

52.204-7

CENTRAL CONTRACTOR REGISTRATION

JUL 2006

JAN 2006

52.209-6

PROTECTING THE GOVERNMENT'S INTEREST

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

52.215-14

INTEGRITY OF UNIT PRICES

OCT 1997

52.219-4

NOTICE OF PRICE EVALUATION PREFERENCE

JUL 2005

FOR HUBZONE SMALL BUSINESS CONCERNS

52.219-8

UTILIZATION OF SMALL BUSINESS CONCERNS

MAY 2004

52.219-9

SMALL BUSINESS SUBCONTRACTING PLAN

OCT 2001

ALTERNATE II (OCT 2001)

52.219-16

LIQUIDATED DAMAGES-SMALL BUSINESS

JAN 1999

SUBCONTRACTING PLAN

52.222-1

NOTICE TO THE GOVERNMENT OF LABOR

FEB 1997

DISPUTES

52.222-3

CONVICT LABOR

JUN 2003

52.222-21

PROHIBITION OF SEGREGATED FACILITIES

FEB 1999

52.222-26

EQUAL OPPORTUNITY

APR 2002

52.222-35

EQUAL OPPORTUNITY FOR SPECIAL DISABLED

VETERANS, OF THE VIETNAM ERA, AND OTHER

ELIGIBLE VETERANS

52.222-36

AFFIRMATIVE ACTION FOR WORKERS WITH

JUN 1998

DISABILITIES

52.222-37

EMPLOYMENT REPORTS ON SPECIAL DISABLED

VETERANS, VETERANS OF THE VIETNAM ERA,

AND OTHER ELIGIBLE VETERANS

52.222-41

SERVICE CONTRACT ACT OF 1965

NOV 2007

52.222-43

FAIR LABOR STANADARDS ACT AND SERVICE CONTRACT ACT

PRICE ADJUSTEMENT (Multiple Year and Option Contracts)

FEB 2002

52.222-50

COMBATING TRAFFICKING IN PERSONS

APR 2006

SEP 2007

52.227-14

RIGHTS IN DATA--GENERAL

JUN 1987

52.245-1A

GOVERNMENT PROPERTY

ALTERNATE I (JUNE 2007)

52.245-2

GOVERNMENT PROPERTY INSTALLATION

OPERATION SERVICES

52.245-9

USE AND CHARGES

JUN 2007

52.223-6

DRUG-FREE WORKPLACE

MAY 2001

52.224-1

PRIVACY ACT NOTIFICATION

52.224-2

PRIVACY ACT

52.227-1

AUTHORIZATION AND CONSENT

52.229-3

FEDERAL, STATE, AND LOCAL TAXES

APR 2003

52.232-1

PAYMENTS

52.232-8

DISCOUNTS FOR PROMPT PAYMENT

FEB 2002

52.232-11

EX…