RFP DOL089RP20612.doc

165-089F-577

TABLE OF CONTENTS

DESCRIPTION

PAGE

SECTION B – PRICE SCHEDULE…………………………………………………………………………3

SECTION C – CONTRACT CLAUSES…………………………………………………………………….5

C.1 – CONTRACT CLAUSES INCORPORATED BY REFERENCE………………………………...5

C.2 – 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT………...5

STATUTES OR EXECUTIVE ORDERS – COMMERCIAL ITEMS (JUN 2007)

C.3 – TERM OF THE CONTRACT…………………………………………………………………….8

C.4 – 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)……………………………………...8

C.5 – 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)……………8

C.6 – REPORTING REQUIREMENTS………………………………………………………………...8

C.7 – 52.242-15 STOP WORK ORDER (AUG 1989)………………………………………………….9

C.8 – 52.216-1 TYPE OF CONTRACT (APR 1984)…………………………………………………...9

C.9 – 52.216-18 ORDERING (OCT 1995)……………………………………………………………..9

C.10 – 52.216-19 ORDER LIMITATIONS (OCT 1995)………………………………………………10

C.11 – AGENCIES AUTHORIZED TO ORDER SERVICES………………………………………

C.12 – DOLAR 2952.201-70 CONTRACTING OFFICER’S TECHNICAL ………………………….10

REPRESENTATIVE (COTR) (MAY 2004)

SECTION D – CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS………………………...11

D.1 – DESCRIPTION OF SERVICES

D.2 – SERVICE CONTRACT ACT WAGE DETERMINATION 05-2104 (Rev. 8)

SECTION E – SOLICITATION PROVISIONS…………………………………………………………….12

E.1 – 52.212-1 INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (SEP 2006)…………..12

E.2 – 52.212-2 EVALUATION – COMMERCIAL ITEMS (JAN 1999)………………………………14

E.3 – 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS – COMMERICAL……17

ITEMS (NOV 2006)

RFP FOR DEVELOPMENT AND IMPLEMENTATION OF LOG DATA COLLECTION AND ANALYSIS TO SUPPORT TARGETING OF OSHA'S INTERVENTIONS

SECTION B – PRICE SCHEDULE

CLIN

UNIT

RATE

TOTAL (MAX)

Minimum Maximum

Labor Category

Hours

Hours

BASE YEAR

0001A

Project Director

2,080

0001B

Sr. Research Analyst/

31,200

Systems Analyst

0001C

Analyst/

20,800

Programmer Analyst

0001D

Computer Programmer

8,320

0001E

Clerical/

8,320

Data Entry Operator

OPTION YEAR 1

0002A

0002B

Sr. Research Analyst/

31,200

0002C

0002D

8,320

0002E

OPTION YEAR 2

0003A

0003B

Sr. Research Analyst/

31,200

0003C

0003D

8,320

0003E

OPTION YEAR 3

0004A

0004B

Sr. Research Analyst/

31,200

0004C

0004D

8,320

0004E

OPTION YEAR 4

0005A

0005B

Sr. Research Analyst/

31,200

0005C

0005D

8,320

0005E

CEILING*:

Base Year:

Option Year 1:

Option Year 2:

Option Year 3:

Option Year 4:

Estimated Contract Value**:

*The ceiling represents the total amount which CANNOT be exceeded for each year of the contract, without the Contracting Officer’s authorization.

**The Estimated Contract Value is calculated by adding the total maximum value of the base year and all option years combined.

SECTION C – CONTRACT CLAUSES

C.1

CONTRACT CLAUSES INCORPORATED BY REFERENCE

The following solicitation provisions are hereby incorporate by reference (by Citation Number, Title and Date), in accordance with FAR 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE

52.212-4

CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS (FEB 2007)

52.232-19

AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR 1984)

C.2

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS – COMMERCIAL ITEMS (JUN 2007)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(2) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Pub. L. 108-77, 108-78)

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402).

__ (2) 52.219-3, Notice of Total HUBZone Set-Aside (Jan 1999) (15 U.S.C. 657a).

__ (3) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (July 2005) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (4) [Reserved]

__ (5)(i) 52.219-6, Notice of Total Small Business Set-Aside (June 2003) (15 U.S.C. 644).

__ (ii) Alternate I (Oct 1995) of 52.219-6.

__ (iii) Alternate II (Mar 2004) of 52.219-6.

__ (6)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

__ (ii) Alternate I (Oct 1995) of 52.219-7.

__ (iii) Alternate II (Mar 2004) of 52.219-7.

__ (7) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)).

__ (8)(i) 52.219-9, Small Business Subcontracting Plan (Apr 2008) (15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (Oct 2001) of 52.219-9.

__ (iii) Alternate II (Oct 2001) of 52.219-9.

__ (9) 52.219-14, Limitations on Subcontracting (Dec 1996) (15 U.S.C. 637(a)(14)).

__ (10) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

__ (11)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Sept 2005) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).

__ (ii) Alternate I (June 2003) of 52.219-23.

__ (12) 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting (Apr 2008) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

__ (13) 52.219-26, Small Disadvantaged Business Participation Program—Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

__ (14) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (May 2004) (15 U.S.C. 657 f).

__ (15) 52.219-28, Post Award Small Business Program Rerepresentation (June 2007) (15 U.S.C. 632(a)(2)).

X (16) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

__ (17) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Feb 2008) (E.O. 13126).

X (18) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

X (19) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

__ (20) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212).

X (21) 52.222-36, Affirmative Action for Workers with Disabilities (Jun 1998) (29 U.S.C. 793).

__ (22) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212).

__ (23) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (Dec 2004) (E.O. 13201).

X (24)(i) 52.222-50, Combating Trafficking in Persons (Aug 2007) (Applies to all contracts).

__ (ii) Alternate I (Aug 2007) of 52.222-50.

__ (25)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)).

__ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)).

__ (26) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

__ (27)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (Dec 2007) (E.O. 13423).

__ (ii) Alternate I (Dec 2007) of 52.223-16.

__ (28) 52.225-1, Buy American Act—Supplies (June 2003) (41 U.S.C. 10a-10d).

__ (29)(i) 52.225-3, Buy American Act—Free Trade Agreements—Israeli Trade Act (Aug 2007) (41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, Pub. L 108-77, 108-78, 108-286, 109-53 and 109-169).

__ (ii) Alternate I (Jan 2004) of 52.225-3.

__ (iii) Alternate II (Jan 2004) of 52.225-3.

__ (30) 52.225-5, Trade Agreements (Nov 2007) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

X (31) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (32) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

__ (33) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

X (34) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

__ (35) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

X (36) 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration (Oct 2003) (31 U.S.C. 3332).

__ (37) 52.232-34, Payment by Electronic Funds Transfer—Other than Central Contractor Registration (May 1999) (31 U.S.C. 3332).

__ (38) 52.232-36, Payment by Third Party (May 1999) (31 U.S.C. 3332).

__ (39) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (40)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

__ (ii) Alternate I (Apr 2003) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

X (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

X (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

X (3) 52.222-43, Fair Labor Standards Act and Service Contract Act—Price Adjustment (Multiple Year and Option Contracts) (Nov 2006) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act—Price Adjustment (Feb 2002) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

__ (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

__ (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services—Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

__ (7) 52.237-11, Accepting and Dispensing of $1 Coin (Aug 2007) (31 U.S.C. 5112(p)(1)).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records—Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settelement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in paragraphs (i) through (vii) of this paragraph in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $550,000 ($1,000,000 for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(ii) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

(iii) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212).

(iv) 52.222-36, Affirmative Action for Workers with Disabilities (June 1998) (29 U.S.C. 793).

(v) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (Dec 2004) (E.O. 13201).

(vi) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

(vii) 52.222-50, Combating Trafficking in Persons (Aug 2007) (22 U.S.C. 7104(g)). Flow down required in accordance with paragraph (f) of FAR clause 52.222-50.

(viii) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

(ix) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

(x) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

C.3

TERM OF THE CONTRACT

This contract shall be in effect for one year from its effective date, subject to the availability of funds.

This contract is renewable for four (4) additional one-year periods, at the option of the Government, by the Contracting Officer giving written notice of the Government's intention to renew as specified in FAR 52.217-9. If the Government exercises its option to extend the period of performance, the government will accomplish this by written modification at least thirty (30) days prior to the expiration date of the contract. In the event the government exercises its right to renew this contract, the hourly labor rates shall be those shown in Section B. All other terms and conditions shall remain unchanged.

C.4

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 30 days.

C.5

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 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 5 years.

C.6

REPORTING REQUIREMENTS

a. Progress Reports The Contractor shall deliver the progress reports to the COTR (3 copies) and the Contracting Officer (1 copy) no later than the tenth working day after the end of each calendar month. This narrative report should include the status or work under each task order.

b. Financial Management Reports The Contractor shall furnish a monthly Financial Management Report to the COTR and to the Contracting Officer. This report shall include a summary of the amount of money allocated to : 1) the contract; 2) each task order; and 3) amount of money remaining in the contract. This report shall also include hours and dollars expended by each labor category for the reporting month and year to date and indicate the remaining hours and dollars available under the task order(s).

C.7

52.242-15

STOP-WORK ORDER (AUG 1989)

(A) The Contracting Officer may, at any time, by written order to the Contractor, require the contractor to stop all, or any part, of the work called for by this contract for a period of 90 days after the order is delivered to the Contractor, and for any further period to which the parties may agree. The order shall be specifically identified as a stop-work order issued under this clause. Upon receipt to the order the Contractor shall immediately comply with its terms and take all reasonable steps to minimize the occurrence of costs allocable to the work covered by the order during the period of work stoppage. Within a period of 90 days after a stop-work order is delivered to the Contractor, or within any extension of that period to which the parties shall have agreed, the Contracting Officer shall either -

(1) Cancel the stop-work order; or

(2) Terminate the work covered by the order as provided in the Default, or the Termination for Convenience of the Government, clause of this contract.

(b) If a stop-work order issued under this clause is canceled or the period of the order or any extension thereof expires, the Contractor shall resume work. The Contracting Officer shall make an equitable adjustment in the delivery schedule or contract shall be modified, in working, accordingly, if -

(1) The stop-work order results in an increase in the time required for, or in the Contractor's cost properly allocable to, the performance of any part of this contract; and

(2) The Contractor asserts its right to the adjustment within 30 days after the end of the period of work stoppage; provided, that, if the Contracting Officer decides the facts justify the action, the Contracting Officer may receive an act upon a proposal submitted at any time before final payment under this contract.

(c) If a stop-work order is not canceled and the work covered by the order is terminated for the convenience of the Government, the Contracting Officer shall allow reasonable costs resulting from the stop-work order in arriving at the termination settlement.

(d) If a stop-work order is not canceled and the work covered by the order is terminated for default, the Contracting Officer shall allow, by equitable adjustment or otherwise, reasonable costs resulting from the stop-work order.

C.8

52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of an Indefinite Delivery/Indefinite Quantity (IDIQ) contract resulting from this solicitation.

C.9

52.216-18 ORDERING (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from the effective date of the contract through the last day of the period of performance.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict of interest between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered “issued” when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

C.10

52.216-19 ORDER IMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $100.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor—

(1) Any order for a single item in excess of $10,000,000.00;

(2) Any order for a combination of items in excess of $10,000,000.00 or

(3) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 3 days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

C.11

AGENCIES AUTHORIZED TO ORDER SERVICES

Delivery orders or task orders may only be placed for services in support of the Occupational Safety and Health Administration (OSHA). Orders shall only be placed by the Contracting Officer and may be issued via mail, orally, by facsimile, or by electronic commerce methods.

C.12 DOLAR 2952.201-70 CONTRACTING OFFICER’S TECHNICAL REPRESENTATIVE (COTR) (MAY 2004)

(a) Mr./Ms. (Name) of (Organization) (Room No.), (Building), (Address), (Area Code & Telephone No.), 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 D – CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

ATTACHMENT D.1 – DESCRIPTION OF SERVICES

ATTACHMENT D.2 – PAST PERFORMANCE QUESTIONNAIRE

ATTACHMENT D.3 – WAGE DETERMINATION 05-2104 (Rev. 8)

SECTION E – SOLICITATION PROVISIONS

THIS SECTION IS FOR SOLICITATION PURPOSES ONLY. THIS SECTION WILL BE PHYSICALLY REMOVED FROM ANY RESULTANT AWARD, BUT WILL BE DEEMED INCORPORATED BY REFERENCE.

E.1

52.212-1

INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (SEP 2006)

Addendum to 52.212-1(c), Period for Acceptance of Offers. The paragraph is tailored as follows: “The offeror agrees to hold the prices in its offer firm for 180 calendar days from the date specified for receipt of offers.”

Addendum to 52.212-1 PROPOSAL PREPARATION INSTRUCTIONS

A.

To assure timely and equitable evaluation of the proposal, the offeror must follow the instructions contained herein. The proposal must be complete, self-sufficient, and respond directly to the requirements of this solicitation. The response shall contain three (3) separate parts; Part I – Price Proposal; Part II – Technical Approach; and Part III – Past Performance

B.

The contracting officer has determined there is a high probability of adequate price competition in this acquisition. Upon examination of initial offers, the contracting officer will review this determination and if, in the contracting officer’s opinion, adequate price competition exists, no additional cost information will be requested and certification under FAR 15.406-2 will not be required. However, if at any time during this competition the contracting officer determines that adequate price competition no longer exists; offerors may be required to submit information other than cost or pricing data to support a determination of price reasonableness.

C.

Specific Instructions:

1.

Part I – PRICE PROPOSAL – Submit Original and three (3) copies.

(a) Complete blocks 12, 17a, and 30a, b, and c of the SF 1449. In doing so, the offeror accedes to the contract terms and conditions as written in the SOLICITATION, with attachments. The SOLICITATION constitutes the model contract.

(b) Insert proposed hourly rates in the Pricing Schedule. The proposal(s) must be submitted for a base year plus four (1) Option Years.

(c) Complete the necessary fill-ins and certifications in provisions. The provisions FAR 52.212-3 shall be returned along with this proposal.

2.

Part II – TECHNICAL AND MANAGEMENT – Submit Original and three (3) copies

(a) Offerors shall provide a statement of the problem, scope and purpose of the project in the offeror’s own words to demonstrate understanding and substantive issues to be addressed. The offeror should also offer a logical program for the achievement of the project. Specific experience and capabilities which must be addressed in your offeror, at a minimum must include:

1.

Design and administrative experience for a large scale national data collection

2.

Knowledge of occupational safety and health injury and illness data

3.

Experience in statistical analysis and developing analytical databases

4.

Data gathering management, quality control, validation and processing capabilities

5.

Experience conducting research and evaluation efforts related to occupational safety and health injury and illness data.

(b) The “Technical and Management” volume must be organized as follows:

Section I – Technical Approach

i. Provide understanding of the Statement of Work (SOW)

ii. Provide a detailed work plan for implementing the requirements of the SOW.

iii. Provide a staffing plan for each of the contract periods

Section II – Management Plan

i. Provide a clear and detailed Management Plan

Part III – PAST PERFORMANCE INFORMATION – Only references for same or similar contracts are desired. Submit Original and three (3) copies.

(a) The “Past Performance” volume must be organized as follows:

Section I - Quality and Satisfaction Rating for Contracts Completed in the Past Three Years:

i. Provide information currently available (letters, metrics, customer surveys, independent surveys, etc.) which demonstrates customer satisfaction with overall job performance and quality of completed product for same or similar type contract. In addition, explain corrective actions taken in the past, if any, for substandard performance and any current performance problems such as cost overruns, extended performance periods, etc.

Section II - Past Performance Questionnaire (see attachment D.2):

i. The government will evaluate the quality and extent of offeror’s past performance deemed relevant to the requirements of this solicitation, in terms of size and magnitude. The government will use information submitted by the offeror and other sources such as other Federal government offices and government personnel knowledge of offeror’s past performance, to assess performance. Provide a list of no more than three (3) of the most relevant contracts performed for the Federal government within the last 3 years. The evaluation of past performance information will not take into account past performance information regarding predecessor companies, key personnel who have relevant experience, or subcontractors that will perform major or critical aspects of the requirement when such information is relevant to the instant acquisition. Past performance references for commercial customers are not acceptable. Furnish the following information for each contract referenced:

(i) Company/Division name

(ii) Product/Service

(iii) Contracting Agency/Customer

(iv) Contract Number

(v) Contract Dollar Value

(vi) Period of Performance

(vii) Verified, up-to-date name, address, FAX and telephone number of the contracting officer

(viii) Comments regarding compliance with contract terms and conditions

(ix) Comments regarding any known performance deemed unacceptable to the customer, or not in accordance with the contract terms and conditions.

(b) If a teaming arrangement is contemplated, provide complete information as to the arrangement, including any relevant and recent past/present performance information on previous teaming arrangements with same partner. If this is a first time joint effort, each party to the arrangement must provide a list of past and present relevant contracts.

(c) Subcontractor Consent: Past performance information pertaining to a subcontractor cannot be disclosed to the prime offeror without the subcontractor’s consent. Provide with the proposal a letter from all subcontractors that will perform major or critical aspects of the requirement, consenting to the release of their past performance information to the prime contractor.

General Information

Documents submitted in response to this solicitation must be fully responsive to and consistent with the following:

1. Requirements of the solicitation

2. Evaluation Factors for Award

QUESTIONS PERTAINING TO THE SOLICITATION:

All questions must be submitted in writing via email to jordan.ronald@dol.gov, and must be received no later than Noon September 09, 2008. Questions which are not submitted in writing, or are submitted after Noon September 09, 2008, will not be accepted.

INFORMATION REGARDING SUBMISSION OF PROPOSAL: Hand carried proposals must be received by the U.S. Department of Labor, Francis Perkins Building, Office of Procurement Services, located at 200 Constitution Ave, NW, Washington, DC 20210. The package used to submit your proposal must show the time and date specified for receipt, the Solicitation Number, and the name and address of the offeror.

Offerors are cautioned that the U.S. Department of Labor, Francis Perkins Building has visitor control procedures requiring individuals not affiliated with the building to obtain a visitor pass prior to entrance. SOME DELAY SHOULD BE ANTICIPATED WHEN HANDCARRYING PROPOSALS. Offerors should allow sufficient time to obtain a visitor pass, if necessary, and arrive at the Office of Procurement Services PRIOR to the time specified for receipt. Late proposals will be processed in accordance with FAR 52.212-1(f) “Late submission, modifications, revisions, and withdrawals of offers.”

E.2

52.212-2

EVALUATION—COMMERCIAL ITEMS (JAN 1999)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

(1) Technical and Management

(2) Past Performance

(3) Price

Technical and Management, and Past Performance are of equal importance and, when combined, are significantly more important than price when being evaluated.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s). The total price offered (base year, option years, and optional services offered, will be used as the overall evaluated price).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

Addendum to 52.212-2:

BASIS FOR CONTRACT AWARD

This is a competitive selection in which competing offerors’ non-cost factors will be evaluted on a basis significantly more important than price. By submission of its offer in accordance with the instructions provided in clause 52.212-1, Instructions To Offerors, the offeror accedes to the terms of this solicitation and all such offers shall be treated equally except for their prices and non-cost factors. For purposes of this solicitation the terms “cost” and “price” are interchangeable. The evaluation process shall proceed as follows:

1.

Initially, offers shall be ranked according to price, including any option prices if applicable. An offeror’s proposed price will be determined by multiplying the maximum hours identified in Section B by the proposed hourly rate for each Contract Line Item Number (CLIN) (Labor Category) to confirm the extended amount for each. Using this methodology, the offerors total evaluated price will be the total extended price for the base year and all option years combined, including any optional services offered. The price evaluation will document the reasonableness and affordability of the proposed total evaluated price.

2.

Using questionnaires, the contracting officer shall seek relevant performance information based on (1) the references provided by the offeror and (2) data independently obtained from other government and commercial sources. Relevant information includes performance of efforts that are similar or greater in scope, magnitude and complexity than the effort described in this solicitation. The government reserves the right to seek other relevant information. The purpose of the Technical and Management evaluation is to allow the government to assess the offeror’s understanding of the requirement and its ability to effectively manage and staff the requirement. The purpose of the past performance evaluation is to allow the government to assess the offeror’s ability to perform the effort described in the solicitation, based on the offeror’s demonstrated present and past performance. Past Performance regarding predecessor companies, key personnel who have relevant experience, or sub-contractors that will perform major critical aspects of the requirement will not be considered as highly as past performance information for the principal offeror. Offerors with no relevant past or present performance history shall receive the rating “Neutral”, meaning the rating is treated neither favorably nor unfavorably. In evaluating Past Performance, the government reserves the right to give greater consideration to information on those contracts deemed most relevant to the effort described in this solicitation.

3.

Non-cost factors will be evaluated and rated independently of cost factors. Once an offeror’s Technical and Management volume and Past Performance volumes have been assigned a rating, the two ratings will then be compared equally to assign an overall non-cost factor rating. The table below shows how the overall Non-cost factor ratings will be assigned. Since the Non-cost factors are considered to be of equal importance, the ratings shown below for each factor, individually, are interchangeable. It should be noted that an Overall Non-cost factor rating of “Excellent” will only be assigned when an individual rating of “Excellent” has been assigned for both Technical and Management and Past Performance. It should also be noted that a rating of “Unacceptable” in either Technical and Management or Past Performance or both will render the Overall Non-cost factor rating “Unacceptable” Technical and Management Past Performance

Overall Non-Cost

Rating __________________ Rating

Factor Rating

Excellent

Acceptable

Unacceptable

4.

Non-cost Factor Rating Definitions:

A. Technical and Management

Excellent: In those areas of the proposed technical approach where the offeror has explained how current requirements will be met, the offeror has provided convincing detail that aligns with the Statement of Work and which demonstrates a very high likelihood that performance will either be met and/or exceeded. Proposed personnel either meet or exceed requirements for education skill and experience.

Acceptable: In those areas of the proposed technical approach where the offeror has explained how current requirements will be met, the offeror has provided detail which demonstrates a good likelihood that performance detailed in the Statement of Work will be met. Proposed personnel meet requirements for education, skill and experience for a large majority of the requirements. Omissions, if any, are few and of minor consequence.

Unacceptable: The offeror’s explanation of how current requirements will be met is poorly written, incomplete, or lacking in sufficient meaningful detail for the government to be able to make a judgment about what the offeror is proposing. Some omissions are serious in nature, do not appear to be correctable through negotiation, and would therefore preclude an award.

B. Past Performance Rating Definitions:

Excellent: The offeror provides an exceptional level of previous service under comparable contracts. Past or present performance efforts are of essentially the same magnitude of effort and complexities which this solicitation requires. Based on the offeror’s performance record, the government has high confidence the offeror will successfully perform the required effort.

Acceptable: The offeror provides a good level of previous service under comparable contracts. Past or present performance efforts involved much of the magnitude of effort and complexities which this solicitation requires. Based on the offeror’s performance record, the government has confidence the offeror will successfully perfom the required effort. Normal contractor emphasis should preclude any problems.

Unacceptable: One or more of the areas of previous level of service on other contracts are not comparable to the requirements of this solicitation. Past or present performance effort did not involve any of the magnitude of effort and complexities which this solicitation requires. Based on the offeror’s performance record, doubt exists that the offeror will successfully perform the required effort.

Neutral:

Completely lacks relevant performance history or past performance is unavailable, not due to the offeror’s failure to provide information.

5.

Offerors’ Overall Non-Cost Factor ratings will be combined with their proposed Cost, and a “best value” selection will be made. Award will go to the proposal that represents the best value to the Government, all factors considered.

6.

Offerors are cautioned to submit sufficient information and in the format specified in the proposal preparation instructions. Offerors may be asked to clarify certain aspects of their proposal or respond to adverse past performance information to which the offeror has not previously had an opportunity to respond. Adverse past performance is defined as past performance information that supports less than a satisfactory rating on any evaluation element or any unfavorable comments received from sources without a formal rating system. Communication conducted to resolve minor or clerical errors will not constitute discussions and the contracting officer reserves the right to award a contract without the opportunity for proposal revision.

7.

The government intends to award a contract without discussions with respective offerors. The government, however, reserves the right to conduct discussions if deemed in its best interest.

E.3

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS COMMERICAL ITEMS (NOV 2006)

An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically at http://orca.bpn.gov. If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (c) through (m) of this provision.

(a) Definitions. As used in this provision—

“Emerging small business” means a small business concern whose size is no greater than 50 percent of the numerical size standard for the NAICS code designated.

“Forced or indentured child labor” means all work or service—

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

“Manufactured end product” means any end product in Federal Supply Classes (FSC) 1000-9999, except—

(1) FSC 5510, Lumber and Related Basic Wood Materials;

(2) Federal Supply Group (FSG) 87, Agricultural Supplies;

(3) FSG 88, Live Animals;

(4) FSG 89, Food and Related Consumables;

(5) FSC 9410, Crude Grades of Plant Materials;

(6) FSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) FSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) FSC 9610, Ores;

(9) FSC 9620, Minerals, Natural and Synthetic; and

(10) FSC 9630, Additive Metal Materials.

“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person conducting the business can demonstrate—

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

“Service-disabled veteran-owned small business concern”—

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

“Small business concern” means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.

“Veteran-owned small business concern” means a small business concern—

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

“Women-owned business concern” means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

“Women-owned small business concern” means a small business concern—

(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and

(1) Whose management and daily business operations are controlled by one or more women.

(b)

(1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted on the Online Representations and Certifications Application (ORCA) website.

(2) The offeror has completed the annual representations and certifications electronically via the ORCA website at http://orca.bpn.gov. After reviewing the ORCA database information, the offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications—Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ______________.

[Offeror to identify the applicable paragraphs at (c) through (m) of this provision that the offeror has completed for the purposes of this solicitation only, if any.

These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on ORCA.]

(c) Offerors must complete the following representations when the resulting contract will be performed in the United States or its outlying areas. Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that it o is, o is not a small business concern.

(2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it o is, o is not a veteran-owned small business concern.

(3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it o is, o is not a service-disabled veteran-owned small business concern.

(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, for general statistical purposes, that it o is, o is not a small disadvantaged business concern as defined in 13 CFR 124.1002.

(5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it o is, o is not a women-owned small business concern.

Note: Complete paragraphs (c)(6) and (c)(7) only if this solicitation is expected to exceed the simplified acquisition threshold.

(6) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it o is a women-owned business concern.

(7) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:____________________________________

(8) Small Business Size for the Small Business Competitiveness Demonstration Program and for the Targeted Industry Categories under the Small Business Competitiveness Demonstration Program. [Complete only if the offeror has represented itself to be a small business concern under the size standards for this solicitation.]

(i) [Complete only for solicitations indicated in an addendum as being set-aside for emerging small businesses in one of the designated industry groups (DIGs).] The offeror represents as part of its offer that it o is, o is not an emerging small business.

(ii) [Complete only for solicitations indicated in an addendum as being for one of the targeted industry categories (TICs) or designated industry groups (DIGs).] Offeror represents as follows:

(A) Offeror’s number of employees for the past 12 months (check the Employees column if size standard stated in the solicitation is expressed in terms of number of employees); or

(B) Offeror’s average annual gross revenue for the last 3 fiscal years (check the Average Annual Gross Number of Revenues column if size standard stated in the solicitation is expressed in terms of annual receipts).

(Check one of the following):