RFP.doc

SOLICITATION NUMBER: ____________________

Job Corps OA/CTS RFP

SOLICITATION NUMBER: S09F6TX012 Job Corps: OA RFP

THIS CONTRACT IS A RATED ORDER

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Yes FORMCHECKBOX No

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U.S. Department of Labor Office of the Assistant Secretary for Administration & Management

525 South Griffin Street, Room 707H

Dallas, Texas 75202 Same as Block 7

SOLICITATION

9. Offers in original and see page 71 for # of copies for furnishing the supplies or services in the Schedule will be received at the place in the depository specified in

CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L.

CALL:

11. TABLE OF CONTENTS

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OTHER STATEMENTS OF OFFERORS

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OFFER (must be fully completed by Offeror)

12. In compliance with the above, the undersigned agree, if this offer is accepted within calendar days (60 calendar days unless a different period is inserted by the Offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

13.

DISCOUNT FOR PROMPT PAYMENT

15A.

NAME

16.

NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER

AND ADDRESS

OF OFFEROR

DUNS No.

(Type or print)

15B.

TELEPHONE NO. (Include area code)

15C.

CHECK IF REMITTANCE ADDRESS

IS DIFFERENT FROM ABOVE - ENTER

SUCH ADDRESS IN SCHEDULE

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED

20. AMOUNT

21. ACCOUNTING AND APPROPRIATION DATA

SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM

TABLE OF CONTENTS

PART I: THE SCHEDULE

A.

Solicitation and Contract Form……………………………………………………… 1

B.

Supplies or Services and Prices or Costs…………………………………………..3 C Statement of Work…………………………………………………………………….4 D.

Packaging and Marking (Not Required) ………………………………………….. 8

E.

Inspection and Acceptance……………………………………………. ………….. 9 F.

Deliveries or Performance ……………………………………………………… …11 G.

Contract Administration Data…………………………………………………… …12 H. Special Contract Requirements ………………………………………………… 20

T II: CONTRACT CLAUSES

I. Contract Clauses …………………………………………………………………..29

PART III: LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

J. List of Attachments………………………………………………………………

PART IV: REPRESENTATIONS AND INSTRUCTIONS

K.

Representations, Certifications, and Other Statements of Offerors or Quoters…………………………………………………………………62 L.

Instructions, Conditions and Notices to Offerors or Respondents………………..66 M.

Evaluation Factors for Award…………………………………………………………83

SECTION B. SUPPLIES OR SERVICES AND PRICES/COSTS

The Department of Labor, Job Corps has a requirement for providing Outreach/Admissions in the state of Texas.

The North American Industry Classification System (NAICS) code for this acquisition is 561990. The small business size standard is $6.5M.

The Contractor shall provide Outreach and Admissions services in the state of Texas and shall ensure the arrival of a minimum of 1950 students into the Gary Job Corps Job Corps program annually for resident male students, and resident female students.

All operations, services and deliverables under these items shall be provided as specified in Sections C and F of this document.

SECTION C. STATEMENT OF WORK

C.1

GENERAL

A. Background Job Corps is a national residential training and employment program administered by the Department of Labor to address the multiple barriers to employment faced by disadvantaged youth throughout the United States. Job Corps was originally established by the Economic Opportunity Act of 1964; current authorization for the program is Title I, Subtitle C, of the Workforce Investment Act of 1998.

Job Corps provides educational and career technical skills training and support services. The unique combination of services provided in the Job Corps is intended to better prepare youth to obtain and hold gainful employment, pursue further education or training, or satisfy entrance requirements for careers in the Armed Forces.

B. Objective The contractor shall provide material, services, and all necessary personnel to operate a Job Corps Outreach/Admissions program as set forth in Title 1, Subtitle C of the Workforce, Investment Act of 1998, and the Job Corps Policy and Requirements Handbook. The basic purpose of the Outreach and Admissions program is to provide a comprehensive approach to ensure that sufficient numbers of disadvantaged youth between the ages of 16 and 24 are enrolled in specified Job Corps Centers.

The general scope of work includes the participation of the contractor in pilot projects initiated by the Department of Labor. An equitable adjustment shall be made for those projects determined to be an increase in work within the general scope of the contract via a supplemental agreement to the contract negotiated with the contractor. All disputes arising under these actions are subject to the disputes clause.

C. Governing Regulations, Handbooks The Job Corps Policy and Requirements Handbook (hereinafter referred to as the PRH) has been developed to include all mandatory program operation and reporting requirements in one document and is hereby incorporated into this contract by reference. The total Job Corps program is defined in the Code of Federal Regulations, Title 20 - Labor, Subtitle A - Office of the Secretary of Labor, Part 670. The contractor shall follow the PRH, the Regulations, and all other requirements established in this contract. The PRH is available at http://jobcorps.dol.gov/.

C.2

PROGRAM CONTENT

A. Outreach and Admissions

The contractor shall perform outreach and admissions activities as required by this contract, which ensure that the Job Corps program maintains a positive public image, maintains a ready supply of eligible and committed applicants, and works in partnership with individuals, communities, organizations, employers and State and local workforce development systems.

The contractor shall meet the standards established by the Director of Job Corps each year in the Outreach and Admissions Outcome Measurement System.

The contractor shall be expected to recruit and screen sufficient numbers of applicants in the state of Texas to generate sufficient numbers of arrivals to assist in maintaining the Gary Job Corps Center at average on-board strength of 100% of the design capacity, in accordance with the delivery schedule in Section F. Applicants will be recruited from the geographic areas and counties served by the following local Workforce Development Boards (http://www.twc.state.tx.us/dirs/wdbs/wdbmap.html)

13. Heart of Texas 19. Golden Crescent

14. Capital Area (shared WIB) 22. Coastal Bend

15. Rural Capital (shared WIB)

26. Central Texas

16. Brazos Valley

28. Gulf Coast

18. Southeast Texas

Annual arrival goals are as follows:

Residents Female Non-Residents

At a minimum, the Outreach and Admissions program shall include the following:

1. Outreach: The contractor shall work cooperatively with various individuals and organizations to attract and enroll eligible at-risk youth. The contractor shall develop and implement effective marketing techniques to educate the public about the program and to ensure that Job Corps is viewed as a positive alternative for youth. Required steps for planning and implementing outreach activities are found in PRH 1.1.

2. Eligibility Determination and Screening Factors: The contractor shall assess, verify, and document applicant eligibility for the Job Corps program, in conformity with the criteria and procedures listed in PRH, 1.2 and Exhibit 1-1.

3. Information to Applicants: The contractor shall provide applicants with accurate information about the Job Corps program, and about specific Job Corps centers, in accordance with PRH 1.3.

4. Readmission: The contractor shall assess and verify that applicants for readmission meet criteria found in PRH, 1.4.

5. Applicant Assignments: The contractor shall provide a regular flow of applicants for assignment to centers in accordance with Regional procedures and PRH 1.5.

6. Enrollment Readiness: The contractor shall ensure that assigned applicants are fully prepared for successful center enrollment in accordance with requirement listed in PRH 1.6.

B. Career Transition Services (Not Applicable to this contract) C. Management The contractor shall provide direction, management and administrative support to all functions and activities of outreach/admissions and career transition services. The contractor shall establish systems that ensure:

· Effective program organization and management.

· Program integrity and accountability.

· Staff professionalism and development.

At a minimum, the program shall consist of:

1. Program Management: The contractor shall establish a system that ensures achievement of program goals and maintenance of quality performance. Expected procedures for monitoring and tracking operations and outcomes are listed in PRH, 5.1.

2. Personnel: The contractor shall recruit, hire, and retain qualified staff, in accordance with the requirements of PRH, 5.2, and Exhibit 5-3. The contractor shall develop and implement policies that promote a working environment of equal opportunity which is free of race, gender, or ethnic bias.

3. Staff Training: The contractor shall provide training opportunities that ensure that staff possess the knowledge and skills necessary to perform their job duties and which enable them to serve as positive role models for students. Specific training requirements are detailed in PRH, 5.3, and Exhibit 5-4.

4. Procurement and Property Management: The contractor shall establish systems to procure property, services, and supplies in a cost-efficient and environmentally-friendly manner in accordance with government policies. The contractor shall also establish systems to provide procedures for receipt and accountability of government-owned property, materials, and supplies, in accordance with PRH 5.6.

5. Financial Management: The contractor shall develop and maintain systems to effectively plan, budget and control expenses which shall safeguard public funds and ensure the cost-effective provision of services to meet program goals. The contractor shall establish and maintain a financial management system which meets all the requirements of PRH, 5.7, and Appendix 503.

SECTION D. PACKAGING AND MARKING

All submissions should be clearly labeled on the outside of the box or envelop as responding to solicitation number S09F6TX012.

Number the upper right hand corner of the outside cover of each section with your corporate acronym, section title, and “Copy # of #.” For example, the first copy of ABC Corporation’s technical proposal would be labeled “ABC—Tech, Copy 1 of 5” in the upper right hand corner of the outside page of the section.

SECTION E. INSPECTION AND ACCEPTANCE

E.1 IDENTITY AND AUTHORITY OF THE CONTRACTING OFFICER’S TECHNICAL REPRESENTATIVE (FAR 42.302) A. The Contracting Officer’s Technical Representative (COTR) will be appointed by separate letter and will have authority to act on behalf of the Contracting Officer limited to the extent set forth in B below. Under no circumstances is the Contracting Officer’s Technical Representative (COTR) authorized to sign any contractual documents or approve any alteration to the contract involving a change in the scope, price, terms or conditions of the contract or order.

B. The COTR is authorized to:

1. Monitor and inspect contractor's performance to ensure compliance of the scope of work.

2. Make determinations relative to satisfactory or unsatisfactory performance, including acceptance of all work performed and/or all products produced under the terms of the contract.

3. Review and approve invoices.

4. Review and approve contractor's project staff as may be called for on the contract.

5. Recommend program changes to the Contracting Officer as a result of monitoring or as may be requested by the contractor.

6. Review, coordinate changes or corrections, if any, and accept all reports (including any final reports) required under the contract.

7. Review and approve required plans.

C. All inspections and evaluations shall be performed in such a manner as to not unduly delay the contractor's work.

Inspection and acceptance of the work called for under this contract shall be made by the COTR at the contractor's offices or at the U.S. Department of Labor, Job Corps Regional Office. Inspection and acceptance activities required by this contract shall be performed as directed by the Contracting Officer.

E.2 Government Quality Assurance Surveillance Plan

In accordance with FAR 37.604, the Government shall conduct quality assurance and performance assessment functions to the extent necessary to determine whether the contractor has fulfilled the contract obligations pertaining to quality and quantity, including achievement of outcomes as specified in the contract. Under the terms of this contract, the contractor shall be eligible to earn incentive fee based on achievement of performance results within the Outcome Measurement System. (See Incentive Fee Plan, Section G.)

SECTION F. DELIVERIES OR PERFORMANCE

F.1

TYPE OF CONTRACT

This is a Cost Plus Incentive Fee (CPIF) Contract.

F.2

PERIOD OF PERFORMANCE

A. The terms of the contract are for a base period of 2 years with three 1-year option periods. The contractor shall provide Outreach/Admissions Services during the period of August 1, 2009 through July 31, 2011 and if appropriate, shall perform necessary functions related to a transition period for assuming responsibility for the operation of the OA contract for the month of July 2009.

B. Input Schedule: Applicable

Annual Arrival by Month

C. Upon completion or termination of this contract, the contractor shall transfer to the successor contractor complete documentation regarding property transactions, student files and other records as directed by the Contracting Officer.

SECTION G. CONTRACT ADMINISTRATION DATA

G.1

FUNDING AND FINANCIAL ADMINISTRATION

Payment of the contractor's cost shall be made in accordance with Part II, Contract Clauses, and Parts C and D below.

No Job Corps funds shall be provided to pay compensation to any individual, either as a direct cost or as an indirect cost, or proration, at a rate in excess of Executive Level I (for applicable annual amount, go to www.opm.gov and click on “salaries and wages” and then “executive schedule”). Proration means that the amount charged for a less than full-time employee cannot exceed, on an annualized basis, the compensation for Executive Level I. Compensation is defined as salaries and cash bonuses exclusively. This does not include fringe benefits. This applies to all functions within the Job Corps contract, including subcontracted services.

The amount to be reimbursed to the contractor for purchased accountable property and the fixed day/month GSA rental charge exclusive of the GSA mileage charge and exclusive of excess personal property (as defined in the DOL Property Handbook for ET contractors, including revisions and amendments thereto), is given in Parts A and B below. This amount shall be operative under this contract until such time as the Government may incrementally increase it.

The contractor agrees that the costs generated under equipment shall be maintained in a separate accounting classification to be entitled "Equipment Accounts," as outlined in PRH, Chapter 5 and Appendix 503.

The Government and the contractor recognize that the estimated costs provided for in each of the two years of the initial contract period and in each of the option periods are solely for the individual periods designated and are not considered to be a cumulative amount. Therefore, if the contractor does not require the estimated costs for each designated contract period to meet the requirements of the contract, the Government reserves the right to reduce the estimated amount for that period to the amount of funds actually required for that period. This action shall generally take place after the completion of the designated period and the adjustment shall be applied to the total current estimated value of the contract, but it make take place more frequently, as warranted.

A. Estimated Cost, Fixed & Incentive Fee The total estimated cost, fixed and incentive fees for this contract are as follows:

Further, there shall be no fixed or incentive fee based on work which consists of work or purchases funded under the Equipment or GSA Vehicle Rental categories listed above. There shall be no increase in fixed fee unless there is an increase in the level of effort for the contract as approved by the Contracting Officer. Indirect cost charges shall not be allowed for or based on Equipment or GSA Vehicle Rental costs.

Equipment is estimated at not to exceed $500,000 for the life of the contract.

GSA Vehicle Rental is estimated at not to exceed $500,000 for the life of the contract.

B. Summary of Funds Available It is estimated that the available funds for the period _______________ through __________________ will be provided on a subsequent modification. The fixed and incentive fees shall be paid out of the outreach/admissions and career transition services funds.

C. Payment and Payment Due Date

1. Allowable Costs

In accordance with Clause 52.216-7, Allowable Costs and Payment , the contractor shall be reimbursed for allowable, allocable costs incurred in performance of the work under this contract. In addition to reimbursements for direct costs incurred, the contractor shall be reimbursed for indirect costs in accordance with the FAR 42.7, Indirect Cost Rates. Indirect Cost Rates shall be negotiated by the Department of Labor’s Office of Cost Determination or other cognizant audit agency.

Indirect Costs applicable to this contract shall be calculated by applying a (provisional, (negotiated, or (proposed rate to bases as shown below:

Overhead Applicable Not Applicable Total Direct Salaries and Wages (including/excluding fringe benefits)

Total Indirect Cost

For billing purposes, costs shall be calculated using the approved provisional rate as shown above, until a final rate is established. In the absence of an approved provisional rate, a negotiated/proposed rate shall be used.

In no event shall the reimbursement for G&A and overhead exceed the following ceiling rate/Effectiveness: G&A %, Overhead %

When final G&A and overhead rates are established, the total amount of Indirect Costs payable under this contract shall be determined by multiplying the final rate, or ceiling rate, whichever is lower, by the total amount of allowable costs incurred for center operations, outreach/ admissions and placement. The total amount billed shall then be subtracted from this figure to determine the amount of G&A and overhead expense due to the contractor, or refund due to the Government in the event that the amount billed exceeds the total amount payable under the contract.

2. Incentive Fee Under the terms of this cost plus incentive contract, the contractor shall be paid a base fixed fee, and shall have the opportunity to earn an incentive fee and a performance excellence bonus based on achievement of goals for outreach/admissions. For purposes of this contract, the contractor’s performance and the amount of incentive fee earned shall be determined annually at the close of the contract year, based on achievement of goals within Job Corps’ Outcome Measurement System.

Annually, the Director of Job Corps will establish a performance range for the upcoming Program Year. The performance range will identify maximum and minimum incentive fee payment points as follows:

Maximum:

level at which the contractor receives the maximum available incentive fee payment.

Minimum:

level below which the contractor receives no incentive fee payment

Incremental incentive fee payment points will be established for each level of OMS performance (to one decimal point) within the established performance range.

In order to motivate and reward excellence in performance, those contractors whose performance exceeds the top of the National Performance Range will be eligible to earn a Performance Excellence Bonus. The bonus will be awarded for performance up to 10 OMS points above the top of the National Performance Range.

Performance ranges may fluctuate from year to year based on performance history for the preceding year. The contractor’s performance will be evaluated based on the portion of the contract year that occurred during the Program Year for which the performance range was in effect.

Under the terms of this contract, fixed and incentive fees for OA shall be as follows: (table on next page) Outreach/Admissions

(Invoicing Level)

$0

$0

$0

$0

$0

3. Payment Due Date

Payments under this contract shall be due on the 30th calendar day after the date of actual receipt of a proper invoice in the office designated to receive the invoice. A proper invoice is defined in E below. All payments shall be made using Electronic Funds Transfer.

4. Prompt Payment.

The Prompt Payment Act, Public Law 97-177 (96 Stat. 85, 31 USC 1801), is applicable to payments under this contract and requires the payment to contractors of interest on overdue payments and improperly taken discounts. Determinations of interest due shall be made in accordance with the provisions of the Prompt Payment Act and Office of Management and Budget Circular A-125.

D. Limitation on Withholding of Payments

If more than one clause or schedule provision of this contract authorizes the temporary withholding of amounts otherwise payable to the contractor for work performed under this contract, the total of the amounts so withheld at any one time shall not exceed the greatest amount which may be withheld under any one such clause or schedule provision at that time, provided that this limitation shall not apply to:

1. Withholdings pursuant to any clause relating to wages or hours or employees;

2. Withholdings not specifically provided for by this contract; and

3. The recovery of overpayments.

E. Invoice Requirements

1. The contractor shall submit the original, plus two (2) copies, of the invoice claiming reimbursement for costs for provisional payment directly to the COTR for certification and forwarding to the cognizant payment office.

For incentive fee, the contractor shall invoice the government at an amount equal to the incentive fee that would be earned for performance at the midpoint of the established performance range (the Average Incentive Fee level as shown in the table above). At the end of the contract year, the Contracting Officer shall evaluate performance in accordance with the incentive fee performance range, and shall adjust (add or reduce) the incentive fee paid to the level earned by the contractor. In addition, Performance Excellence Bonuses will be awarded at the end of the contract year, along with other incentive fees earned by the contractor.

Invoices shall be submitted not more frequently than twice a month. Each invoice must contain, at a minimum, the following:

a. Name of the business concern or agency preparing invoice;

b. Date invoice is prepared;

c. Contract number; and

d. Name (where practicable), title, phone number and complete mailing address of responsible official to whom payment is to be sent.

2. Certification must be made that the amount vouchered does not exceed the amount of funds available in the contract.

3. Standard Form 1034 may be used for invoicing purposes and may be obtained from the GSA Regional Office. Each invoice shall be numbered consecutively and shall include costs, G&A, overhead, fixed and incentive fee incurred for the current period; and a report reflecting the cumulative total costs, G&A, overhead, and total cumulative fixed and incentive fee incurred.

4. For the purpose of this contract the COTR is hereby designated the authorized representative for the Contracting Officer for processing provisional payment of invoices, cost contractor's invoices, cost contractor's detailed statement of costs, per the provisions of Clause 52.216-07, Allowable Cost and Payment, except that the final invoice shall be forwarded to the Contracting Officer. The right to determine whether costs are allowable, disallowable, or should be suspended is not re-delegated, but is reserved for the Contracting Officer.

G.2

INTERPRETATION OR MODIFICATIONS

No oral statement of any person and no written statement of anyone other than the Contracting Officer shall modify or otherwise affect the terms or meaning of this contract. All requests for interpretations, modifications, or changes shall be made in writing to the Contracting Officer.

G3.

OPTION YEAR COSTS

The contractor agrees that the estimated costs for providing outreach/admissions services in each of the option years shall be based on the agreed-to budget for ongoing expense in the preceding year, with an appropriate adjustment for price inflation using the same inflationary factor that is reflected in the Congressional Job Corps appropriation for the budget or program year in which the option year begins. The amounts shown in the Option Year budget table provided below are therefore considered provisional, except that the fixed fee amounts are considered final unless changed by subsequent bilateral contract modification.

Estimated Cost, Fixed & Incentive Fees for Option Years

G.4

OPTIONS

A. Contract Terms and Conditions for Options The Contracting Officer shall analyze the option year cost in relation to the current market price in deciding whether to exercise the option. In addition, factors to be considered by the Contracting Officer in the awarding of the option include the contractor's performance compared to outcome measurement standards established by the Director of Job Corps, and the contractor's performance in terms of compliance and quality assessments.

In addition, there may be other factors impacting on the option year decision. These include other terms and conditions of the contract, fair market value of similar contracts, the necessity of reducing disruptions to operations, innovations, corporate support, audit results, special review findings, other sources regarding compliance with this contract, as well as DOL administrative considerations.

If consideration and analysis of the above factors indicate a new contract is most advantageous to the Government, the option shall not be exercised. If the analysis of the above factors results in a favorable determination that is advantageous to the Government, the option may be exercised.

B. Request for Change In Option Price If, after exercise of the option, the contractor has reason to believe the total cost to the Government shall exceed the estimated cost as stated in the option, the contractor shall notify the Contracting Officer in accordance with Clause 52.232-22, Limitation of Funds. If the Contracting Officer determines that an increase in the option year price is required, and is not caused by a change in the scope of work, such price increase, if made, shall not include an increase in fee. If the price increase requested is a result of a scope of work change, an equitable fee adjustment shall be considered.

SECTION H. SPECIAL CONTRACT REQUIREMENTS

H.1

CONTRACTOR'S GENERAL RESEARCH COSTS

It is specifically agreed that no part of the costs of the contractor's sponsored independent general research program shall be charged directly or indirectly to this contract.

H.2

PAYMENT OF ROYALTIES

Payments by the contractor of any sum for royalties or patent rights not included in the ordinary purchase price of standard commercial supplies shall not constitute items of allowable cost hereunder, unless and until approved by the Contracting Officer. Reimbursement to the contractor on account of any such payments shall not be construed as an admission by the Government of the enforceability, validity, scope, or title to any of the patents involved, nor shall any such reimbursement constitute a waiver of any rights or defenses respecting such patents.

H.3

DUPLICATION OF EFFORT

The contractor hereby certifies that costs of work to be performed under this contract and any subcontract hereunder is not duplicative of any costs charged against any other Government contract, subcontract, or other Government source. The contractor shall include the provisions of this paragraph in every subcontract issued hereunder which exceeds $2,500. The contractor agrees to advise the Contracting Officer in writing of any other Government contract or subcontract it has performed, or is performing, which involves work directly related to the purpose of this contract.

H.4

OTHER CONTRACTORS

The Government may undertake or award other contracts for the same, essentially similar, or related work, and the contractor shall fully cooperate with such other contractors and with Government employees. The contractor shall not commit or permit any act which shall interfere with the performance of work by any other contractor or by Government employees.

H.5

TRAVEL AND PER DIEM

All travel and per diem charges shall be in accordance with Federal Travel Regulations or those of the contractor, whichever is more restrictive. Current Federal Travel Regulations may be obtained from the Contracting Officer or at the following website: www.gsa.gov.

The contractor shall request Regional Office approval prior to any out of Region travel that will be charged to this contract

H.6

WAGE COMPARABILITY

A. The contractor agrees: (1) to pay at least the prevailing applicable Federal minimum wage (refer to Section 6(a) (1) of the Fair Labor Standards Act of 1938, as amended); (2) that DOL shall reimburse for compensation in excess of the minimum only to the extent that such compensation does not exceed the standards set forth for reasonableness thereof in the applicable Cost Principles (FAR 31.2). In general compensation should be limited to an amount which does not exceed the wage or salary payable to persons providing substantially similar services in the area where the program is being carried out, or the area of the particular employee's immediately preceding employment, whichever is higher. The contractor agrees to submit a statement of wages and salaries as required under B below.

B. As appropriate and required, the contractor shall pay Davis-Bacon and/or Service Contract prevailing wages and ensure that subcontractors follow those provisions. The contractor is liable for costs if wages are being paid below the prevailing rates.

H.7

SERVICE CONTRACT ACT OF 1965, AS AMENDED

A. The Service Contract Act of 1965 is applicable to contracts for Outreach/Admissions and Career Transition Services. In addition, subcontracts awarded by contractors are subject to the Act to the same extent and under the same conditions as contracts made directly by the U.S. Department of Labor.

B. Subcontracts shall include the applicable clause in FAR 22.10.

C. In order that the requirements of FAR 22.10 may be complied with, the contractor shall notify the Contracting Officer not less than 45 days prior to issuance of any invitation for bids or requests for proposals, or commencement of negotiations for any subcontract exceeding $2,500, which may be subject to the Act.

D. The Department of Labor is responsible for obtaining prevailing wage rates for service type contracts and shall make applicable wage rates a part of this contract.

H.8

WITHHOLDING

The Contracting Officer shall upon his/her own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same Prime Contractor, or any other Federally-assisted contract subject to Davis-Bacon prevailing wage requirements which is held by the same Prime Contractor, as much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers employed by the contractor or any subcontractor, the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work (or under the United States Housing Act of 1937 or the Housing Act of 1949 in the construction or development of the project), all or part of the wages required by the contract, the Contracting Officer may, after written notice to the Prime Contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased.

H.9

POLITICAL ACTIVITY

The contractor agrees that it shall not perform or permit any political propagandizing in connection with the performance of this contract. The contractor's employees, volunteers and trainees shall not be assigned to conduct political activities or instruction. Funds under this contract shall be used exclusively for performance of the work required under this contract. No funds made available under this contract shall be used to promote any political activities.

H.10

RESTRICTIONS ON CONTRACTOR'S LEGISLATIVE INFLUENCE ACTIVITY

The salary or expenses of anyone engaged in any activity designed to influence legislation or appropriations pending before the Congress shall not be an allowable cost under this contract.

H.11

CONTRACT IDENTIFICATION NUMBER

The contractor agrees to refer to and apply the identifying number of this contract on all correspondence, communications, reports, vouchers, and all other data concerning this contract, or delivered hereunder.

H.12

SUBMISSION OF CORRESPONDENCE

All correspondence relating to contractual aspects shall be directed to the attention of the Contracting Officer at the address listed on the face sheet of this contract.

H.13

AUTHORIZATION AND CONSENT FOR USE OF PATENT

The Government hereby gives its authorization and consent for all use and manufacture of any invention described in, and covered by, a patent of the United States in the performance of this contract or any part hereof or any amendment thereto or any subcontract hereunder (including any lower-tier subcontract).

H.14

PATENT RIGHTS

A. Whenever any invention, improvement, or discovery (whether or not patented) is made or conceived, or for the first time actually or constructively reduced to practice, by the contractor or its employees, in the course of, in connection with, or under the terms of, this contract, the contractor shall immediately give the Contracting Officer written notice thereof and shall promptly thereafter furnish the Contracting Officer complete information thereon; and the Contracting Officer shall have the sole and exclusive power to determine whether or not, and where, a patent application shall be filed, and to determine the disposition of all rights in such invention, improvement, or discovery, including title to, and rights under, any patent application or patent that may issue thereon. The determination of the Contracting Officer on all these matters shall be accepted as final and the provisions of the clause of this contract entitled "Disputes" shall not apply; and the contractor agrees that it shall, and warrants that all of its employees who may be the inventors shall, execute all documents and do all things necessary or proper to the effectuation of such determination.

B. Except as otherwise authorized in writing by the Contracting Officer, the contractor shall obtain patent agreements to effectuate the provisions of this clause from all persons who perform any part of the work under this contract, except such clerical and manual labor personnel as shall have no access to technical data.

C. Except as otherwise authorized in writing by the Contracting Officer, the contractor shall insert in each subcontract having experimental, developmental, or research work as one of its purposes provisions making this clause applicable to the subcontractor and its employees.

D. If the Government obtains patent rights pursuant to this clause of this contract, the contractor shall be offered license rights thereto on terms at least as favorable as those offered to any other firm.

E. In the event no inventions, improvements, or discoveries (whether or not patented) are made or conceived, or for the first time actually or constructively reduced to practice by the contractor or its employees in the course of, in connection with, or under the terms of, this contract, the contractor shall so certify to the Contracting Officer before final payment hereunder.

F. If the contractor is permitted to file patent applications pursuant to this clause, the following statement shall be included within the first paragraph of the specification of any patent application or patent:

"The invention described herein was made in the course of, or under, a contract with the Department of Labor.

H.15

ELIMINATION OF SEXIST LANGUAGE AND ARTWORK

All written materials issued by a contractor shall conform to the following guidelines for eliminating sexist language and artwork:

A. Avoid the use of sex references in job titles. Titles should conform to the Census Bureau's occupational classification system and the 1992 edition of the Dictionary of Occupational Titles, and the O-Net System.

· Longshore workers instead of longshoremen.

B. Avoid the use of male and female gender work forms.

· Aviator to include men and women pilots, not aviatrix.

C. Include both sexes by using terms that refer to people as a whole.

· Human beings or people instead of mankind.

D. Avoid the use of masculine and feminine pronouns or adjectives in referring to a hypothetical person or people in general. Example: The average American worker spends 20 years of his life in the work force. Sentences such as this can be changed in the following ways:

· Reword to eliminate unnecessary gender pronouns and adjectives: The average American worker spends 20 years in the work force.

· Recast into the plural. Most Americans spend 20 years of their lives in the work force.

· Replace the masculine or feminine pronoun or adjective with "one," "you," "he or she," "her or him," or "his or her": An average American spends 20 years of his or her life in the work force.

E. Refer to both men and women in such generic terms as economist, doctor, and lawyer. Identify sex with a pronoun.

· The lawyer made her final summation.

F. Avoid the use of stereotyped terms or expressions such as "man-sized" job.

· Use employee-years and employee-hours (or staff-hours) instead of man-years and man-hours.

G. The use of artwork in publications should conform to the following guidelines:

· Strive to use racially and sexually balanced designs.

· Depict both men and women in artwork on general subject matters.

· Show men and women in a variety of roles in photographs, illustrations, and drawings. For example, show men and women as managers and skilled laborers.

H.16

TITLES TO STUDIES

The contractor agrees that all studies, evaluations, proposals and data produced or developed in the performance of this contract for which reimbursement is appropriate hereunder shall become the property of the Government. This provision does not preclude the Contractor from seeking copyright of materials, other than those described above, such as teaching material and curricula.

H.17

PRINTING AND DUPLICATING

This clause is applicable to all contracts requiring printing/duplicating services as part of the contractor's performance. The contractor shall comply with all duplicating and printing regulations issued by the Joint Committee on Printing under the authority of sections 103.501 and 502, Title 44, United States Code. The term "duplicating@ as used herein means material produced on single unit duplicating equipment not larger than 11 by 17 inches and which have a maximum image of 1O 3/4 by 14 1/4 inches, using direct image plates not requiring the use of negatives. The term "printing" as used herein shall be construed to include and apply to the process of composition, plate-making, presswork, binding, and microform.

If required by the Contracting Officer, the contractor may duplicate up to a maximum of 5,000 copies of one page or 25,000 copies in the aggregate of multiple pages.

The contractor shall not provide duplicating in excess of the quantities stated above or provide printing without the written authorization of the Joint Committee on Printing. Such authorization may be obtained from the Contracting Officer through the Department Printing Officer. Nothing in this clause shall preclude the procurement of writing, editing preparation of manuscript copy and preparation of related illustrative material.

H.18

DISPOSITION OF DATA AND COPYRIGHTS

A. The terms "subject data," "contract," and "contractor," as used herein are defined as follows: (i) "Subject Data" includes writing, sound recordings, pictorial reproduction, drawings or other graphical representations, and works of any similar nature (whether or not copyrighted) which are specified to be delivered under this contract. The term does not include financial reports, cost analyses and similar information incidental to contract administration, (ii) "Contract" includes contract, subcontract, agreement, and sub-agreement; (iii) "Contractor" includes any party with whom the Government enters a contract.

B. Subject to the provision of paragraph C below, the Government may duplicate, use, and disclose in any manner and for any purpose whatsoever, and have others so do, all subject data delivered under this contract.

C. The contractor agrees to and does hereby grant to the Government and to its officers, agents, and employees acting within the scope of their duties, a royalty-free nonexclusive and irrevocable license throughout the world, to publish, translate, reproduce, deliver, perform, dispose of, and to authorize others to do so all subject data now or hereafter covered by copyright; provided that, with respect to such subject data not originated in the work furnished under this contract but which is incorporated in the work furnished under this contract, such license shall only be to the extent that the contractor, its employees or an individual or concern employed or assigned by the contractor to originate and prepare such data under this contract, no* has, or prior to completion or final settlement of this contract, may acquire the right, or grant such license, without becoming liable to pay compensation to others solely because of such grant.

D. The contractor shall exert all reasonable effort to advise the Contracting Officer, at the time of delivery of the subject data furnished under this contract, of all portions of such data copied from work not composed or produced in the performance of this contract and licensed under this clause; provided that, if such subject data is included, evidence shall be submitted by the contractor of the copyright owner's consent to the use of such subject data by the contractor. In the absence of such consent, the contractor agrees not to furnish such subject data.

E. The contractor shall report to the Contracting Officer promptly and in reasonably written detail, each notice of claim of copyright infringement received by the contractor with respect to all subject data delivered under this contract.

F. The contractor shall indemnify and save and hold harmless the Government, its officers, agents and employees acting within the scope of their official duties against any liability, including costs and expenses, (i) for violation of proprietary rights, copyrights or right of privacy, arising out of the publication, translation, reproduction, delivery, performance, use, or disposition of any data furnished under this contract; or (ii) based upon any libelous or other unlawful matter contained in such data.

G. Nothing contained in this clause shall imply a license to the Government under any patent or be construed as affecting the scope of any license or other right otherwise granted to the Government under any patent.

H. The contractor shall not affix any restrictive markings upon any subject data, and if such markings are affixed, the Government shall have the right at any time to modify, remove, obliterate, or ignore any such markings.

I. The contractor further agrees not to publish, have published, or otherwise disseminate any information of whatever nature resulting from the work being performed under this contract except as many be approved by the Department's Contracting Officer hereunder.

J. The contractor agrees that the Department's Contracting Officer hereunder shall determine the disposition of the title to any rights under any Copyright secured by the contractor or its employees on copyrightable materials developed under this contract.

K. Contractor agrees to preserve for a period of 36 months and, upon request of the Contracting Officer, make available to the Government for use, all scientific and technical information, data and know-how of any nature developed in performance of this contract and in connection with the contractor's activities on or related to this contract, regardless of whether such information, data and know-how was delivered and/or deliverable under the terms and provisions of this contract.

H.19

DISPOSITION OF MATERIAL

Upon termination or completion of all work under this contract, the contractor shall prepare for shipment, deliver F.O.B. destination, or dispose of all materials received from the Government and all residual materials produced in connection with the performance of this contract as may be directed by the Contracting Officer, or as specified in other provisions of this contract. All materials produced or are required to be delivered under this contract become and remain the property of the Government.

H.20

CONSULTANTS

A. Consultant(s) hired to perform under this contract may be compensated at a rate for time actually worked or at a fixed price for performance of a specific task, or at nominal compensation in accordance with the contractor's policies. Written approval from the Contracting Officer must be obtained before a consultant is hired, regardless of contract type (hourly, or fixed price).

B. The amount or rate of payment shall be determined on a case-by-case basis taking into account the level and difficulty of the work to be performed, the qualifications of the expert or consultant, the pay rates of comparable individuals performing similar work in Federal or non-Federal sectors, and the availability of qualified candidates.

In no event shall a consultant’s allowable rate for any one day exceed the daily equivalent of the highest rate payable under the General Schedule or, if warranted, the highest rate under the Senior Level pay schedule.