Operation of the Hubert H Humphrey Job Corps Center
Added: Oct 03, 2014 2:45 pm SOLICITATION, OFFER, AND AWARD DOL-ETA-14-R-000261. THIS CONTRACT IS A RATED ORDERRATINGPAGE 1OF PAGES 161 Yes No 2. CONTRACT NO.3. SOLICITATION NO.4. THIS IS A:5. DATE ISSUED6. REQUISITION/PURCHASE NO. SMALL BUSINESS SET-ASIDE09/26/2014 YES NO 7. ISSUED BY:8. ADDRESS OFFER TO (If other than Block 7) SOLICITATION9. Offers in original and 4 copies for furnishing the supplies or services in the Schedule will be received at the place in the depository specified in Item 8, or if hand-carried located in[JM1] [JM2] 200 Constitution Avenue, NW Room N4643 Washington DC 20210until noonlocal time12/03/2014 (Hour)(Date)CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L.10. FOR INFORMATIONA. NAMEB. TELEPHONE NO. (Include area code) (NO COLLECT CALLS) CALL:Tanyka L. Lawrence202-693-3914 11. TABLE OF CONTENTS(X)SECDESCRIPTIONPAGE(S)(X)SECDESCRIPTIONPAGE(S)PART I - THE SCHEDULE PART II - CONTRACT CLAUSESASOLICITATION/CONTRACT FORM1 ICONTRACT CLAUSES55-65 BSUPPLIES OR SERVICES AND PRICES/COSTS3-6 PART III - LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS CDESCRIPTION/SPECS/WORK STATEMENT7-21 JLIST OF ATTACHMENTS66-125 DPACKAGING AND MARKING22 PART IV - REPRESENTATIONS AND INSTRUCTIONS EINSPECTION AND ACCEPTANCE23 KREPRESENTATIONS, CERTIFICATIONS, AND126-135 FDELIVERIES OR PERFORMANCE24-25 OTHER STATEMENTS OF OFFERORS GCONTRACT ADMINISTRATION DATA26-41 LINSTRS., CONDS., AND NOTICES TO OFFERORS136-157 HSPECIAL CONTRACT REQUIREMENTS42-53 MEVALUATION FACTORS FOR AWARD158-162OFFER (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 PAYMENT10 CALENDAR DAYS20 CALENDAR DAYS30 CALENDAR DAYS CALENDAR DAYS (See Section I, Clause No. 3.3.1-6)%%%%14. ACKNOWLEDGMENT OF AMENDMENTSAMENDMENT NO.DATEAMENDMENT NO.DATE(The Offeror acknowledges receipt of amendments to the SOLICITATION for Offerors and related documents numbered and dated) 15A. NAME AND ADDRESS OF OFFEROR DUNS No. 16. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER(Type or print) 15B. TELEPHONE NO. (Include area code) 15C. CHECK IF REMITTANCE ADDRESSIS DIFFERENT FROM ABOVE - ENTER SUCH ADDRESS IN SCHEDULE17. SIGNATURE18. OFFER DATE AWARD (To be completed by Government)19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION DATA 22. RESERVED23. SUBMIT INVOICES TO ADDRESS SHOWN IN (4 copies unless otherwise specified)ITEM 24. ADMINISTERED BY (if other than item 7)25. PAYMENT WILL BE MADE BY 26. NAME OF CONTRACTING OFFICER (Type or print)27. UNITED STATES OF AMERICA28. AWARD DATE TABLE OF CONTENTS PART I: THE SCHEDULE A........ Solicitation and Contract Form............................................................................... 1B. .. Supplies or Services and Prices/Costs...................................................................... 3C. .. Statement of Work.................................................................................................. 7D. .. Packaging and Marking (Not Required)................................................................ 20E. ... Inspection and Acceptance.................................................................................... 21F. ... Deliveries or Performance...................................................................................... 22G. .. Contract Administration Data............................................................................... 24H........ Special Contract Requirements.............................................................................. 37 PART II: CONTRACT CLAUSES •I. Contract Clauses and Provisions........................................................................... 48 PART III: LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS •J. List of Attachments............................................................................................... 59 PART IV: REPRESENTATIONS AND INSTRUCTIONS K. Representations, Certifications, and Other StatementsOf Offerors or Quoters.......................................................................................... 98 L......... Instructions, Conditions, and Notices to Offerors or Respondents.................... 106 M. Evaluation Factors for Award............................................................................. 125SECTION B SUPPLIES OR SERVICES AND PRICES/COSTS B.1 BACKGROUND The U.S. Department of Labor, Job Corps has a requirement for operating the Hubert Humpey Job Corps center located at 1480 North Snelling Avenue, St. Paul, Minnesota 55108. The North American Industry Classification System (NAICS) code for this acquisition is 611519. The small business size standard is $35.5M. The contractor shall operate the aforementioned Job Corps center, which includes provision of academic, career technical, career success skills, and career development training, and related support services, for an estimated total of 264; 148 residential male students, _89 residential female students, 4 nonresidential male students, and_23 nonresidential female students. The contractor shall operate residential quarters (housing) and services to all students as applicable. The contractor shall provide Outreach and Admissions services to the Hubert H. Humpey and Blackwell Job Corps centers and shall ensure the arrival of a minimum of _287 students into the Job Corps program annually for Hubert Humpey 125 residential males and 126 female students, and for Blackwell 24 male and 12 female students. The contractor shall provide Post-Center Career Transition Services annually for _280 youth returning to the state(s) of _Minnesota. All operations, services, and deliverables under these items shall be provided as specified in Sections C and F of this document. B.2 PRICING SCHEDULE The amount to be reimbursed to the contractor for purchased Government Furnished Property (as defined in PRH Appendix 505, 505a, 505b, and ETA Property Management Handbook, Issue 359, including revisions and amendments thereto), is provided in the pricing schedule below. The contractor agrees that the costs generated under construction, rehabilitation, equipment and Career Technical Skills Training (CTST) shall be maintained in a separate accounting classification to be entitled "Capital Expense Accounts," as outlined in PRH Chapter 5 and Appendix 502. LINE ITEM (CLIN)DESCRIPTIONESTIMATEDCOSTFUNDS[a] OBLIGATEDFUNDING[b] THROUGH Transition-in - Period of Performance: 0001Transition In Period (A)[c] LINE ITEM (CLIN)DESCRIPTIONESTIMATEDCOSTFUNDS OBLIGATEDFUNDING THROUGHBase Period - Period of Performance: 0002 Center Operations (A) 0003Center Operations Technical Performance Incentive Fee (A) 0004 Center Operations Cost Incentive Fee (A) 0005Outreach/Admissions (C1) 0006Outreach/Admissions Technical Performance Incentive Fee (C1) 0007Outreach/Admissions Cost Incentive Fee (C1) 0008Career Transition Services (C2) 0009Career Transition Services Technical Performance Incentive Fee (C2) 0010 Career Transition Services Cost Incentive Fee (C2) Option #1 - Period of Performance: 1002 Center Operations (A) 1003Center Operations Technical Performance Incentive Fee (A) 1004 Center Operations Cost Incentive Fee (A) 1005Outreach/Admissions (C1) 1006Outreach/Admissions Technical Performance Incentive Fee (C1) 1007Outreach/Admissions Cost Incentive Fee (C1) 1008Career Transition Services (C2) 1009Career Transition Services Technical Performance Incentive Fee (C2) 1010 Career Transition Services Cost Incentive Fee (C2) Option #2 - Period of Performance: 2002 Center Operations (A) 2003Center Operations Technical Performance Incentive Fee (A) 2004 Center Operations Cost Incentive Fee (A) 2005Outreach/Admissions (C1) 2006Outreach/Admissions Technical Performance Incentive Fee (C1) 2007Outreach/Admissions Cost Incentive Fee (C1) 2008Career Transition Services (C2) 2009Career Transition Services Technical Performance Incentive Fee (C2) LINE ITEM (CLIN)DESCRIPTIONESTIMATEDCOSTFUNDS OBLIGATEDFUNDING THROUGH 2010 Career Transition Services Cost Incentive Fee (C2) Option #3 - Period of Performance: 3002 Center Operations (A) 3003Center Operations Technical Performance Incentive Fee (A) 3004 Center Operations Cost Incentive Fee (A) 3005Outreach/Admissions (C1) 3006Outreach/Admissions Technical Performance Incentive Fee (C1) 3007 Outreach/Admissions Cost Incentive Fee (C1) 3008Career Transition Services (C2) 3009Career Transition Services Technical Performance Incentive Fee (C2) 3010Career Transition Services Cost Incentive Fee (C2) Transition Out[d] 4001Transition-out NOT TO EXCEED LINE ITEMS[e]Period of Performance - Entire Length of the Contract LINE ITEM(CLIN)DESCRIPTIONNTE CEILINGFUNDS OBLIGATEDFUNDING THROUGHNTE CEILING BALANCE(NTE Ceiling - Funds Obligated)5001 Construction, Rehabilitation, and Acquisition(CRA) (B1) 5002Equipment (B2) 5003Career Technical Skills Training (B4) 5004Demonstration Projects - TBD The above NTE amounts are for the total of the 5-year contract period, to include a possible six months under FAR 52.217-8, Option to Extend Services. For Demonstration Projects, a "not to exceed" ceiling will be negotiated at the time that Demonstration projects, if any, are identified, and incorporated by contract modification.Further, there shall be no fixed fee or incentive fee based on work involved with capital line items, which consists of work or purchases funded under the Construction, Rehabilitation, and Acquisition; Equipment; and CTST categories listed above. Indirect cost charges shall not be allowed for or based on Construction, Rehabilitation, and Acquisition; Equipment; or CTST costs, unless authorized by the Contracting Officer. SECTION C - STATEMENT OF WORKINTRODUCTION This Statement of Work sets forth the contract performance requirements for the operation and management of a Job Corps center. C.1 GENERAL •A. Background Job Corps is a national residential training and employment program administered by the U.S. Department of Labor to address the multiple barriers to employment faced by disadvantaged youth toughout 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 comprehensive career development services to students including academic, career technical, career success and independent living skills, career readiness training, and support services. The unique combination of services provided in Job Corps is intended to 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 center (Center). The contractor shall provide enrolled youth, meeting Job Corps' eligibility or admission requirements, with a comprehensive range of career development services leading to employment and long-term attachment to the workforce. The contractor shall: •1. Provide academic, career technical, career success, employability, and independent living skills training. •2. Provide basic health care, counseling, and other support services as required by the PRH. •3. Conduct program operations in a setting that is clean, well maintained, and safe. •4. Assist youth in obtaining employment, additional education or training, or entry into the Armed Forces. •5. Provide support that prepares graduates to maintain long-term attachment to the labor market or further educational opportunities.•6. Integrate center operations with the local workforce development systems, employers, the business community, and community-based organizations. The general scope of work includes the participation of the contractor in demonstration projects initiated by the U.S. 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. Center Design The center shall operate at a planned, average on-board strength as noted below: CategoryNumberResidential Male Students148Residential Female Students89Subtotal Residential Students237Nonresidential Male Students4Nonresidential Female Students23Subtotal Nonresidential Students27Total Planned Average On-Board Strength264 The contractor shall be continually prepared to receive a sufficient number of students to maintain the average on-board strength capacity noted above and a surge capacity of 103 percent. Performance up to 103 percent of capacity shall be performed within the estimated cost of this contract. Performance below 100% for a prolonged period may result in a reduction in the estimated total average on-board strength. Accordingly, the Government reserves the right to reduce the resulting estimated cost of this contract. The contractor shall not, at any point during each Program Year, which is defined as beginning in July of each year and ending in June of the following year, exceed an average of 103% of the OBS specified above. The contractor cannot request students or otherwise indicate availability to accept students to the extent fulfilling that request would put the center over the Program Year average OBS of 103%. All costs incurred resulting from any enrollments which cause the contractor's OBS to exceed the Program Year average of 103%, shall be deemed unallowable. In addition, the Department reserves the right to pursue legal action or otherwise seek relief against any contractors exceeding 103% Program Year average. Enrollment below 95% of the OBS capacity identified above for a continuous six month period may result in a reduction in the contract's OBS capacity. In the event that the Government reduces the OBS capacity due to a prolonged period of performance below 95% of the OBS capacity identified above, the contractor will not be able to seek recovery for costs associated with the decrease in the OBS. In the event that nonresidential students are enrolled, they shall be provided the following services, in addition to the core services available to all students: •1. Transportation to and from the Center for training days and for limited recreational activities.•2. A locker, lock, and nonresidential student lounge.•3. Lunch on all training days.•4. Breakfast on all training days.•5. Supper and weekend meals if the student wishes to remain on center. Center transportation is not mandatory when students stay for supper and weekend meals. •6. All benefits residential students receive, except as noted herein. Nonresidential students shall be considered to be in the performance of duty as Federal employees from the time they physically arrive at any scheduled center activity or program until they leave such activity or program. •A. 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 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://www.jobcorps.gov/AboutJobCorps/performance_planning.aspx •B. Career Technical Training by National Office Contractors A portion of the career technical training offered in this program may be training implemented under separate contracts between the U.S. Department of Labor and one or more national training contractors (NTCs) under the terms and conditions specified in the Memorandum of Understanding shown in the PRH as Appendix 302. (Any training programs operated by NTCs are identified in Section C.3.C.13 of the RFP.) C.2 SITE The Hubert Humpey Job Corps Center is located near/in the city St. Paul, Ramsey County, state of Minnesota. The property and site are described in the Facility Survey dated February 2014, which is available as an electronic attachment to this RFP. C.3 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 to generate sufficient numbers of arrivals to maintain the Hubert H. Humpey, and Blackwell Job Corps Centers at average on-board strength of 100% of the design capacity, in accordance with the delivery schedule in Section F. Annual arrival goals are as follows: Center Male Residents FemaleResidentsHubert H. Humpey 125 126 Blackwell 24 12 Total 149 138 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 Preparation Period The contractor's performance shall be measured against the goals established by the Employment & Training Administration, Office of Job Corps each year in the Outcome Measurement System. The contractor shall provide each new student with comprehensive Career Preparation activities designed to assist the student to acclimate to center life, fully participate in center activities, set career goals, and acquire basic skills to enhance job readiness and job search competencies, in accordance with PRH 2. •1. Center Plan: The contractor shall develop a comprehensive Career Preparation Plan that will ensure efficient and effective delivery of services to students. Specific requirements for a delivery system are outlined in PRH 2.1. •2. Introduction to Center Life: The contractor shall provide a comprehensive introduction to center life for new arrivals. The program shall provide activities to assist students in learning about center offerings, standards, and procedures and assist them in making a successful transition to center life. Requirements for program content and structure are contained in PRH 2.2. •3. Student Assessment: The contractor shall assess student needs and interests so that services can be assigned appropriately. Requirements for program content and structure are contained in PRH 2.3. •4. Personal Counseling: The contractor shall provide initial intervention and counseling services to address the personal and social development needs of students, and to coordinate the delivery of center and community services. Requirements are contained in PRH 2.4. •5. Student Career Planning: The contractor shall provide students with a program of career exploration, and assist students in selecting their career technical training programs and developing Personal Career Development Plans, in accordance with requirements contained in PRH 2.5. •6. Navigating the Labor Market: The contractor shall provide new students with an introduction to fundamental job search and information technology skills needed to successfully navigate the labor market. Requirements are contained in PRH 2.6. •7. Career Success Standards: The contractor shall provide new students with an overview and introduction to center expectations, behavioral standards, and the Career Success Standards they will be expected to meet during enrollment in order to successfully participate in the program and become employable as required in PRH 2.7. 8. Personal Development Skills: The contractor shall provide new students with an introduction to social and employability skills, conflict resolution skills, and introductory driver's education training to facilitate employment readiness and successful participation in the Job Corps program. Requirements for program content and structure are contained in PRH 2.8. 9. Career Development Readiness: The contractor shall ensure that students are fully prepared for successful participation in the Career Development Period by providing services required in PRH 2.9. •C. Career Development Period The contractor's performance shall be measured against the goals established by the Employment & Training Administration, Office of Job Corps each year in the Outcome Measurement System. The contractor shall provide an integrated program of center-based, work-based, and independent living skills training that shall meet all the requirements of PRH Chapter 3. The program shall be delivered to ensure that students: •Ø Acquire the academic, technical and career success foundation skills, specific knowledge, and competencies needed to achieve their career goals. •Ø Understand how to progress in the workplace environment. •Ø Move successfully from the learning environment to the work environment. •Ø Experience personal growth. •Ø Learn self-management, personal responsibility, and both community and independent living skills. At a minimum, the training program shall consist of: •1. Center Plan: The contractor shall develop a comprehensive Career Development Plan that will ensure efficient and effective delivery of work place and life skills training to students. Specific requirements for a delivery system are outlined in PRH 3.1. •2. Administration and Management of Career Development Services: The contractor shall develop administrative processes to ensure efficient and effective delivery of training to students. Specific requirements for a delivery system are outlined in PRH 3.2. •3. Personal and Career Counseling: The contractor shall provide students with personal and career counseling services to assess individual needs, provide career guidance, and deliver appropriate services to meet individual needs. Personal and Career Counseling services shall be performed in accordance with the requirements of PRH 3.3. •4. Student Standards of Conduct: The contractor shall develop a system that promotes high standards of student conduct tough the application of incentives and sanctions. The contractor shall maintain an environment that is free from drugs and violence. Students shall be provided with opportunities for due process in disciplinary proceedings. Rules and procedures for student conduct are provided in PRH 3.4. •5. Evaluation of Student Progress: The contractor shall provide a system for periodically evaluating student progress and collaborating with students to set short- and long-range career goals. Required content is found in PRH 3.5. •6. Center-Based Learning Standards: The contractor shall establish standards for curriculum design, development, and implementation. Requirements for content and structure are contained in PRH 3.6. •7. Career Success Standards: The contractor shall provide students with a center culture that regularly fosters opportunities to learn and practice a set of behavioral expectations that support employability and social development for career success as required in PRH 3.7. •8. Work-Based Learning Standards: The contractor shall incorporate work-based learning as a primary instructional method of training. Students shall be provided opportunities to learn about career opportunities and employer expectations, and to learn about and apply new occupational skills in actual workplaces and on work projects, including CTST projects. Specific requirements regarding training methods and procedures are found in PRH 3.8. •9. Reading: The contractor shall develop and administer reading skills instruction that provides students with the skills needed for employment in their chosen careers and assists them to function independently in society. Instruction is required for each of the reading competencies listed in PRH 3.9.•10. Mathematics: The contractor shall develop and administer instruction in mathematics skills that provides students with the skills needed for employment in their chosen careers. Instruction is required for each of the mathematics competencies listed in PRH 3.10. •11. GED Certificate/High School Diploma: The contractor shall provide students with the skills and knowledge necessary to pass the examination for the General Educational Development certificate (GED) or to obtain their High School Diploma (HSD). The contractor shall make every possible effort to assure that students attain their GED or HSD. Specific requirements for the GED/HSD program are found in PRH 3.11. •12. English as a Second Language (ESL): The contractor shall provide students with limited English proficiency the opportunity to develop English language and acculturation skills. Specific requirements for ESL are contained in PRH 3.12. •13. Career Technical Training: The contractor shall provide individualized competency-based career technical training for students. Training shall provide students with the skills required for entry-level employment in specific careers approved by the U.S. Department of Labor. Specific requirements for career technical training are listed in PRH 3.13. The following career technical training programs will be offered at the center: Training SlotsCareer Technical Training Offerings On CenterOff CenterOffice Administration600Medical Administrative Assistant 300Nurse Assistant / Home Health Aide 300Culinary Arts600TCU/IAM Advanced Training Transportation 1000Painting, Pre-Apprentice *200Facilities Maintenance, Pre-Apprentice*240ACT**010Total334*Indicates programs offered by National Training Contractors (NTCs) ** Indicates programs currently offered off-center •14. Concurrent Training (X is ¨ is not applicable to this contract): The contractor shall broaden career technical training opportunities available to Job Corps students tough linkages with external training providers. The program shall meet all the requirements of PRH 3.14. •15. Information Technology: The contractor shall provide students with instruction and practice in applied information technology, computer-based learning, and business-related technology. Specific skills and knowledge that must be incorporated into all training activities are outlined in PRH 3.15. •16. Residential Living: The contractor shall create a safe, clean, and attractive environment that allows students to learn and practice independent and community living skills. Requirements and content are found in PRH 3.16. •17. Wellness: The contractor shall provide instruction to students on practices that lead to physical and mental health and enhance employability. Instruction is required for each of the subjects listed in PRH 3.17. •18. Recreation and Leisure Time Activities: The contractor shall provide students with a comprehensive program of recreational activities and events that promotes productive and socially acceptable use of leisure time. Activities shall be provided that build self-esteem and enhance the Job Corps experience by providing opportunities for all students to participate in enjoyable and safe activities. The program shall meet all the requirements of PRH 3.18. •19. Student Government and Leadership: The contractor shall develop and support activities that enable students to learn and practice skills in leadership, citizenship, and self-government. The activities shall include a student benefit fund, to be managed by student government with the assistance of center staff. Requirements for content and structure are contained in PRH 3.19. •20. Driver Education: The contractor shall provide driver education training to all students who do not already possess driver's licenses. Students shall be provided the skills and knowledge necessary to pass the State examination and shall be given the opportunity to acquire a driver's license while enrolled. Specific requirements for driver education are contained in PRH 3.20. •21. Career Transition Readiness: The contractor shall develop and implement systems and procedures to assist students to effectively transition from center life to the workforce. Requirements are detailed in PRH 3.21. •D. Career Transition Services The contractor shall provide or arrange for post-center career transition services for all eligible students: þ Enrolled at the Blackwell and Hubert H. Humpey Centersþ Returning to the following geographic area: State of Minnesotaþ Relocating to the following geographic area: State of Minnesota For purposes of this procurement the contractor should anticipate an annual inflow of new students for provision of career transition services in the numbers shown below. These are the anticipated numbers of new graduates and new former enrollees who will be assigned to the contractor each year. 271 Graduates 68 Former enrollees. The contractor's performance shall be measured against the goals established by the Director of Job Corps each year in the Career Transition Service Outcome Measurement System. The contractor shall assist eligible students in entering and maintaining long-term attachment to the labor market or further educational opportunities and training by:•Ø Providing personalized career transition services.•Ø Providing them with access to services that support successful transition.•Ø Identifying and making referrals to suitable employment or educational opportunities. The final objectives of this effort shall be quality placement, continued attachment to the workforce, and career progression. At a minimum, the program shall consist of: •1. Career Transition Plan: The contractor shall develop a comprehensive Career Transition Plan that will ensure efficient and effective delivery of career transition services to eligible graduates and former enrollees. Specific requirements for the plan are outlined in PRH, 4.1. •2. Eligibility for Services: The contractor shall provide post-center career transition services to eligible graduates and former enrollees. Service shall be provided toughout the CTS service period prescribed by the PRH 4.2. •3. Career Transition Services for Graduates: The contractor shall maintain contact with separated graduates, provide assessments, conduct placement services including job development and referral, identify transitional needs and refer to appropriate services, and maintain contact toughout CTS service period to ensure that the graduate remains connected to the labor market following separation. The contractor shall arrange to transfer responsibility if the individual relocates outside of the service area during the service period. Specific services are detailed in PRH 4.3. •4. Career Transition Services for Former Enrollees: The contractor shall maintain contact with eligible separated former enrollees during the service period until initial placement to identify job leads and provide referrals, as specified in PRH 4.4. •5. Documentation, Reporting and Verification: The contractor shall establish a uniform system for documenting, verifying and reporting Career Transition Services, using the criteria in PRH, 4.5. •E. 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: •Ø Effective program organization and management.•Ø Program integrity and accountability.•Ø Staff professionalism and development. At a minimum, the program shall consist of: •1. Program Management: The contractor shall establish systems that ensure 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 which promote a working environment of equal opportunity that is free of race, gender, or ethnic bias. •3. Staff Training: The contractor shall provide training opportunities which ensure that staff possesses the knowledge and skills necessary to perform their job duties and enable them to serve as positive role models for students. Specific training requirements are detailed in PRH 5.3 and Exhibit 5-4. •4. Personal Safety and Security: The contractor shall develop and implement procedures to ensure students feel safe and secure on center and their rights are protected. Rules for protection of students, staff, and property are outlined in PRH 5.4. •5. Management and Reporting of Significant Incidents: The contractor shall develop and implement procedures to prevent, resolve, and report significant incidents in order to reduce negative impact on students, the community, and the Job Corps program. Guidelines for reporting and managing significant incidents are detailed in PRH 5.5.•6. Procurement and Property Management: The center 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 and Appendices 505, 505a, and 505b. The contractor shall establish and maintain the Job Corps vehicle fleet in accordance with PRH 5.13 and Appendices 506, 507, and 508. •7. Financial Management: The contractor shall develop and maintain systems to effectively plan, budget, and control expenses that 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 that meets all of the requirements of PRH 5.7 and Appendices 502 and 503. •8. Facilities: The contractor shall establish and maintain a system for facilities maintenance in order to provide a safe and clean environment for students and staff. Facilities shall be maintained and managed in accordance with PRH 5.9, 5.10, and 5.11. •9. Energy and Water Conservation: The contractor shall operate an energy conservation program to promote energy conservation and reduce overall operations costs, in accordance with PRH 5.12. •10. Introduction to Environmental Safety and Occupational Health: The contractor shall ensure that students and staff work and live in environmentally healthy surroundings, in accordance with PRH 5.14. •11. Safety Plans, Inspections, Reporting and Recordkeeping: The contractor shall provide a safe training, living, and working environment and provide opportunities for students to learn and practice workplace safety procedures in accordance with PRH 5.14 tough 5.20. Contractors shall be accountable for understanding and complying with the new federally mandated Presidential initiative, Protecting Our Workers and Ensuring Reemployment (POWER), which begins in Fiscal Year (FY) 2011, and with Departmental goals relating to the measurable outcome of 100% timely filing of first aid, and Compensation Act - 1 and 2 (CA-1 and CA- 2) claims in the Safety and Health Information Management System (SHIMS). As part of POWER, Job Corps must improve performance in the following areas: •a. Reduce total injury and illness case rates.b. Increase the timely filing of workers' compensation claims. c. Increase the timely filing of Form Number CA-7 (Claim for Compensation). d. Increase the timely filing of Form Number CA-16 (Authorization for Examination and/or Treatment). e. Speed up employees' (i.e., students') return to work in cases of serious injury or illness. Protecting Our Workers and Ensuring Reemployment (POWER), which began in Fiscal Year (FY) 2011, can be further researched at http://www.dol.gov/owcp/dfec/power/ •12. Staff Housing ( is X is not available at this center): The contractor shall operate and manage staff housing associated with this center. The contractor shall ensure that rates are charged in accordance with OMB Circular A-45, which implements 5. U.S.C. Section 5911 (1976). This regulation requires that basic rental rates be set at rates prevailing in the area for similar housing. Following is a description of staff housing provided: The contractor shall submit a plan and schedule of rates pursuant to PL 88-459 for housing for non-students to the Contracting Officer's Representative (COR), no later than 30 days after contract award. Collection of rent shall become income to the contract and be reported as a reduction to costs on center financial reports. •F. Administrative Support The contractor shall develop systems for providing support services and benefits that: •Ø Facilitate students' successful participation in Job Corps.•Ø Accurately track and document student participation and achievements to ensure accountability. At a minimum, the program shall consist of: •1. Student Attendance, Leave, and Absences: The contractor shall establish systems to monitor and track student attendance, provide leave when appropriate, and respond promptly when students are absent without authorization. Required elements for each of these systems are listed in PRH 6.1. •2. Student Allowances and Allotments: The contractor shall establish systems for issuing student allowances, allotments, and transition payments. The systems shall be uniformly administered and easily understood by the student population. Criteria for payment of allowances, allotments, and transition payments are detailed in PRH 6.2. and Exhibit 6-2. •3. Student Records Management: The contractor shall maintain student records in a manner that ensures accurate documentation of the services and benefits provided to students and safeguard the confidentiality of student information. Required documents that centers must maintain, and procedures for disposition of records, are outlined in PRH 6.3. •4. Student Enrollments, Transfers, and Separations: The contractor shall complete all enrollment, transfer, and separation transactions in accordance with PRH 6.4. •5. Student Clothing: The contractor shall provide clothing for students and shall guide them in making wardrobe selections that are suitable for the workplace. Specific requirements concerning clothing allowances and recordkeeping systems are found in PRH 6.5. •6. Student Transportation: The contractor shall provide economical transportation to students in accordance with PRH 6.6 and Exhibit 6-3. The contractor shall implement procedures for the recovery of unused transportation tickets, and shall reimburse the Government for the cost of unrecovered tickets in accordance with Job Corps policy. •7. Food Service: The contractor shall provide students with well-balanced, nutritious meals in a dining environment that is clean, sanitary, attractive, and pleasant. Food service program requirements are described in PRH 6.7. •8. Student Civil Rights, Including Religious Rights, and Legal Services: The contractor shall implement procedures that protect students' civil rights and promote an environment free from discrimination and harassment. All applicants and students with disabilities must be provided the opportunity to request and receive reasonable accommodation in accordance with Section 188 of the Workforce Investment Act of 1998, Section 504 of the Rehabilitation Act of 1973, and their implementing regulations. Guidelines for providing reasonable accommodation are outlined in PRH Appendix 605 Required processes for preventing and resolving student complaints are listed in PRH 6.8 and Appendix 602. •9. Student Support Services: The contractor shall ensure that students receive the basic support services included in PRH 6.9. The contractor shall provide students with opportunities to vote and attend religious services if they so choose. •10. Student Health Services: The contractor shall provide students with routine health services, support, and education, either directly or tough referral to other providers, that shall enhance students' employability and encourage students to maintain a healthy lifestyle. Routine medical, dental, and mental health services and related health programs shall be delivered and administered in accordance with PRH 6.10, 6.11, 6.12, 6.14, Exhibits 6-4, 6-5, and Appendix 607. 11. Disability Program: The contractor shall provide individualized and coordinated services to all students with disabilities, ensure all policy and legal requirements related to serving students with disabilities are met, and ensure access for students with disabilities that focus on employability and independent living, as described in PRH 6.14.12. Child Care Arrangements: The contractor shall assist Job Corps students to arrange suitable child care for their dependent children while they are enrolled in Job Corps, as described in PRH 6.13. •13. On-Center Child Care Program ( is X is not required): The contractor shall provide a structured child development program at the________ campus for approximately ______ children. Child development programs shall be operated in accordance with Exhibit 6-8 and Appendix 604. •14. Administration of Residential Parent/Child Program ( is X is not required): The contractor shall provide a residential training program for approximately __ single parents and their children. Parents and children shall live together in a dormitory specifically designed to accommodate children. The contractor shall provide a safe, healthy living environment for parents and their children by implementing procedures for handling emergencies and illness, and for ensuring the operator of the on-site Child Development Center follows similar procedures. Minimum requirements are found in PRH 6, Appendix 604, and Exhibit 6-9. 15. Center Environment: The center  is X is not designated as a non-smoking center. SECTION D - PACKAGING AND MARKING [For this Solicitation, there are NO clauses in this Section] SECTION E - INSPECTION AND ACCEPTANCE E.1 NOTICE LISTING CONTRACT CLAUSES INCORPROATED BY REFERENCE The following contract clauses pertinent to this section are hereby incorporated by reference (by Citation Number, Title, and Date) in accordance with the clause at FAR 52.252-2 CLAUSES "INCORPORATED BY REFERENCE" in Section I of this contract. See FAR 52.252-2 for an internet address (if specified) for electronic access to the full text of a clause. NUMBER TITLE DATE 52.246-5 INSPECTION OF SERVICES--COST-REIMBURSEMENT APR 1984 E.2 INSPECTION AND EVALUATION 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 Contracting Officer's Representative (COR) at the contractor's offices, the Job Corps center, or the U.S. Department of Labor, Employment & Training Administration, as applicable. SECTION F - DELIVERIES OR PERFORMANCE F.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE The following contract clauses pertinent to this section are hereby incorporated by reference (by Citation Number, Title, and Date) in accordance with the clause at FAR "52.252-2 CLAUSES INCORPORATED BY REFERENCE" in Section I of this contract. See FAR 52.252-2 for an internet address (if specified) for electronic access to the full text of a clause. NUMBER TITLE DATE 52.242-15 STOP-WORK ORDER AUG 1989 ALTERNATE I (APR 1984) F.2 TYPE OF CONTRACT This is a cost plus incentive fee contract. F.3 PERIOD OF PERFORMANCE Transition: If appropriate, for the purpose of assuming the responsibility of center operations, the contractor shall perform necessary transition functions during the transition period of date of award tough one month from date of award. Operations: Center Operations shall commence on TBD and the contractor shall operate the center for a base period of two years with tee, one-year option periods. Therefore, the base period of performance is TBD tough TBD. F.4 PLACE OF PERFORMANCE The contractor shall operate the Hubert H. Humpey Job Corps Center located 1480 N. Snelling Avenue, St. Paul, Minnesota. F.5 DELIVERABLES The contractor shall deliver all program and reporting requirements as defined in the Program Requirements Handbook. In addition to those deliverables required in the Program Requirements Handbook, the contractor shall adhere to the following input schedule: X Applicable  Not Applicable Annual Arrival by MonthMonthMaleFemaleTotalJanuary121224February121224March161430April161430May141428June7613July7613August141428September131326October161329November151328December7714Total:149138287 SECTION G - CONTRACT ADMINISTRATION DATA G.1 DOLAR 2952.201-70 CONTRACTING OFFICER'S REPRESENTATIVE (MAY 2004) (a) The Contracting Officer's Representative (COR) for this contract shall be named in a designation letter. (b) The COR 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 services 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 COR 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. G.2 CONTRACTING OFFICER'S REPRESENTATIVE RESPONSIBILITES In addition to those responsibilities named in DOLAR 2952.201-70, Contracting Officer's Representative (May 2014), the Contracting Officer's Representative is responsible for the duties listed below. Please note that this is not a comprehensive list. •1. Recommend contract modifications to the Contracting Officer as a result of monitoring or as may be requested by the contractor.•2. Review and coordinate changes or corrections, if any, and accept all reports (including any final reports) required under the contract. •3. Review and approve required plans, e.g., Career Development Service Systems (CDSS) Plan, Career Technical Skills Training (CTST) Plan, etc. G.3 FEES G.3.1: Technical Performance Incentive Fee: Under the terms of this cost plus incentive fee contract, the contractor shall have the opportunity to earn a technical performance incentive fee and a technical performance excellence bonus for center operations, and for Outreach/Admissions (OA), and Career Transition Services (CTS), if applicable, based on achievement of goals. The technical performance incentive fee shall range from 0% to 2.4% of total direct and indirect costs, excluding fee, CRA (CLIN 5001), equipment (CLIN 5002), CTST (CLIN 5003), and demonstration projects (5004). Annually, the Employment & Training Administration, Office of Job Corps, will establish and publish the performance range for the upcoming Program Year. Performance ranges may fluctuate from year to year based on performance history for the preceding year. To ensure that eventual costs to the Government do not exceed budget availability, the performance range will be set so that there is a balanced distribution between higher and lower performers. The performance range will identify maximum and minimum incentive fee payment levels as follows: Maximum: level at which the contractor receives the maximum available incentive fee payment (2.4%) Minimum: level below which the contractor receives no incentive fee payment (0%) Incremental incentive fee payment levels will be established for each level of OMS performance (to one decimal point) within each Program Year's established performance range; i.e., amounts will be established incrementally for 90.0%, 90.1%, 90.2%, etc. The contractor's performance and the amount of technical performance incentive fee earned shall be determined annually after the close of the contract year, based on achievement of Program Year goals within the Office of Job Corps' Outcome Measurement System. Each 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. 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 technical performance excellence bonus. The bonus will be awarded for performance above the top of the National Performance Range The amount of the performance excellence bonus pool for the contract will be equal to 10% of the maximum total of the minimum cost incentive fee (2.0%) + technical performance incentive fee (2.4%). The bonus pool will be distributed in equal incremental amounts toughout the bonus range. Under the resultant terms of this contract, the minimum cost incentive fee (described below), the technical performance incentive fee, and the maximum technical performance excellence bonus for Center Operations shall be as follows: Center Operations: Contract YearMinimum Cost Incentive Fee(2.0%)Minimum Technical Performance Incentive Fee (0%)Average Technical Performance Incentive Fee (1.2%)Maximum Performance Incentive Fee(2.4%)Maximum TechnicalPerformance Excellence Bonus (.44%)1 2 3 4 5 If applicable under this RFP and the resultant contract, the technical performance incentive fees for OA and CTS shall be as follows: Outreach/Admissions (OA): Contract YearMinimum Cost Incentive Fee(2.0%)Minimum Technical Performance Incentive Fee(0%)Average Technical Performance Incentive Fee(1.2%)Maximum Technical Performance Incentive Fee(2.4%)Maximum Technical Performance Excellence Bonus (.44%)1 2 3 4 5 Career Transition Services (CTS): Contract YearMinimum Cost Incentive Fee(2.0%)Minimum Technical Performance Incentive Fee(0%)Average Technical Performance Incentive Fee(1.2%)Maximum Technical Performance Incentive Fee(2.4%)Maximum Technical Performance Excellence Bonus (.44%)1 2 3 4 5 G.3.2: Cost Incentive Fee: The contractor shall also perform under the parameters of a cost incentive fee structure. Under the incentive fee structure, the contractor shall have the opportunity to earn a cost incentive fee, based upon the relationship between the contractor's actual costs versus its target cost for each contract year. The cost incentive fee shall range from 2.0% to 3.6% of total direct and indirect costs, excluding CRA (CLIN 5001), equipment (CLIN 5002), CTST (CLIN 5003), and demonstration projects (5004). However, the contractor's minimum cost incentive fee of 2% may be unilaterally reduced to 0% by the Contracting Officer if the contractor's actual costs exceed the target cost by greater than 10%. The following shall form the basis of the contractor's cost incentive structure: TermDefinition of TermCenter OperationsOACTSTarget Cost Contractor's current contract year's estimated operations cost (i.e., that contract year's approved operations budget as shown on form 2181 within FMS), excluding fees, CRA (CLIN 5001), equipment (CLIN 5002), CTST (CLIN 5003), and demonstration projects (5004). Base Year One:Base Year Two:Option Year One:Option Year Two:Option Year Tee: Base Year One:Base Year Two:Option Year One:Option Year Two:Option Year Tee:Base Year One:Base Year Two:Option Year One:Option Year Two:Option Year Tee:Actual CostThe actual operations costs incurred by the contract as a result of contract performance (i.e., as shown on form 2110), excluding fees, CRA (CLIN 5001), equipment (CLIN 5002), CTST (CLIN 5003), and demonstration projects (5004)Base Year One:Base Year Two:Option Year One:Option Year Two:Option Year Tee:Base Year One:Base Year Two:Option Year One:Option Year Two:Option Year Tee:Base Year One:Base Year Two:Option Year One:Option Year Two:Option Year Tee: Definition of TermCenter OperationsOACTSMinimum Cost Incentive Fee Minimum Cost Incentive Fee = 2.0% of total direct and indirect costs, excluding fees, CRA (CLIN 5001), equipment (CLIN 5002), CTST (CLIN 5003), and demonstration projects (5004). Please note that the minimum cost incentive fee operates in the same way as a fixed fee and therefore, the dollar amount of the minimum fee does not increase as the contractor's costs increase, unless approved by the Contracting Officer. Contractor's minimum cost incentive fee of 2% may be unilaterally reduced to 0% by the Contracting Officer if the contractor's actual costs exceed the target cost by greater than 10%. Base Year One: Base Year Two: Option Year One: Option Year Two: Option Year Tee: Base Year One: Base Year Two: Option Year One: Option Year Two: Option Year Tee: Base Year One: Base Year Two: Option Year One: Option Year Two: Option Year Tee: Maximum Cost Incentive FeeMaximum Cost Incentive Fee Possible = 3.6% of total direct and indirect costs, excluding fees, CRA (CLIN 5001), equipment (CLIN 5002), CTST (CLIN 5003), and demonstration projects (5004). Base Year One:Base Year Two:Option Year One:Option Year Two:Option Year Tee:Base Year One:Base Year Two:Option Year One:Option Year Two:Option Year Tee:Base Year One:Base Year Two:Option Year One:Option Year Two:Option Year Tee:Target Cost Incentive fee This is the cost incentive fee that the contractor earns if the contractor's actual costs are equal to the Target Cost2.8% of total direct and indirect costs, excluding fees, CRA (CLIN 5001), equipment (CLIN 5002), CTST (CLIN 5003), and demonstration projects (5004). Base Year One:Base Year Two:Option Year One:Option Year Two:Option Year Tee:Base Year One:Base Year Two:Option Year One:Option Year Two:Option Year Tee:Base Year One:Base Year Two:Option Year One:Option Year Two:Option Year Tee: TermDefinition of TermCenter OperationsOACTSCost Overrunand Cost Underrun variancesA cost overrun variance occurs when actual operations cost is more than the budgeted cost in a given contract year. A cost underrun variance occurs when actual operations cost is less than the budgeted cost in a given contract year. The contract year's variance will be reported on the form 2110. Fee Adjustment Formula - used to calculate Cost Incentive Fee EarnedCost Sharing Ratio for cost overruns = 20% Government / 80% Contractor Benefit Ratio for cost underruns = 80% Government / 20% Contractor Calculation of the Final Cost Incentive Fee earned(see Note 2)Final Cost Incentive Fee = Target Cost Incentive Fee + /- (Cost Underrun or Cost Overrun variance * Contractor Share) (see Note 2)Base Year One:Base Year Two:Option Year One:Option Year Two:Option Year Tee:Base Year One:Base Year Two:Option Year One:Option Year Two:Option Year Tee:Base Year One:Base Year Two:Option Year One:Option Year Two:Option Year Tee: Note 1: In accordance with cost reporting requirements as found in Appendices 502 and 503 of the PRH. Note 2: The Final Cost Incentive Fee earned will not be less than 2.0% of total direct and indirect costs (minimum cost incentive fee) and not more than 3.6% of total direct and indirect costs (maximum cost incentive fee). Contractor's minimum cost incentive fee of 2% may be unilaterally reduced to 0% by the Contracting Officer if the contractor's Actual costs exceed the Target cost by greater than 10%. Examples of Cost Incentive Scenarios: FACTS: A contractor is awarded a contract with an estimated cost of $10,000,000 for operations for Base Year One, excluding fees. The minimum cost incentive fee that the contractor will earn for operations under this contract for operations is $200,000. The maximum cost incentive fee that the contractor could earn for operations is $360,000. The target cost incentive fee that the contractor could earn for operations is $280,000. Scenario #1: If the actual costs for center operations during the base period were $10,100,000, then the contractor would be responsible for absorbing 80% of that $100,000 overrun or $80,000. The Government would share in 20% or $20,000 of the overrun. Therefore, the contractor would earn a total cost incentive fee of $200,000, which is calculated as follows: $280,000 target cost less $80,000 cost overrun shared by operator equals net cost incentive fee of $200,000. Scenario #2: If the actual costs for center operations during the base period were $9,900,000, then the contractor would benefit in 20% of the $100,000 underrun or $20,000. The Government would benefit 80% or $80,000 as a result of the underrun or cost savings. Therefore, the contractor would earn a total cost incentive fee of $300,000, which is calculated as follows: $280,000 target cost plus $20,000 cost savings shared by operator equals net cost incentive fee of $300,000. Scenario #3: If the actual costs for center operations during the base period were $9,000,000, then the total underrun would be $1,000,000. Even though 20% of $1,000,000 is $200,000, the contractor would only benefit in $80,000 of the $200,000, because the maximum cost incentive fee the contractor can earn is $360,000, which is calculated as follows: $280,000 target cost plus maximum possible $80,000 cost savings shared by operator equals net cost incentive fee of $360,000. Scenario #4: If the actual costs for center operations during the base period were $11,000,000, then the total overrun would be $1,000,000. Even though 80% of $1,000,000 is $800,000, the contractor would only share (or be responsible for absorbing) $80,000 of the $1,000,000 cost overrun, because the minimum cost incentive fee the contractor can earn is $200,000, so long as the contractor's actual costs do not exceed the target cost by greater than 10%. The cost incentive fee is calculated as follows: $280,000 target fee less $80,000 maximum possible cost overrun shared by operator equals net cost incentive fee of $200,000. Scenario #5: If the actual costs for center operations during the base period were exactly $10,000,000, then the total cost incentive that the contractor would earn for the base period under operation is $280,000. G.3.3 Billing and Payment of Fees: Cost Incentive Fee: The contractor will be permitted to invoice the 2.0% minimum cost incentive fee (fixed fee) on a twice a monthly basis, to be included in the invoice described in Section G.5, Invoice Requirements. On its invoice, the contractor would invoice the total minimum cost incentive fee in equal increments. For example, if the estimated cost for operations during base year 1 (a 12-month period of performance) is $12,000,000, then 2% of $12,000,000 is $240,000, and the contractor could include on each invoice 1/24th of $240,000 or $10,000. Upon completion of the contract year, the Contracting Officer will determine the amount of cost incentive fee earned by the contractor, using the cost incentive fee calculation identified in the table above. If additional cost incentive fee is earned, above the minimum 2.0% which the contractor has already billed, the Contracting Officer will issue a unilateral contract modification to increase the estimated cost and funding on the contract's cost incentive fee line. Upon receipt of the modification, the contractor would include the additional cost incentive fee earned on the next monthly invoice. If there is no additional fee earned, the Contracting Office will advise the contractor accordingly. As stated above, the contractor's minimum cost incentive fee of 2% may be unilaterally reduced to 0% by the Contracting Officer if the contractor's actual costs exceed the target cost by greater than 10%. If the contractor's cost incentive fee is reduced to 0%, the contractor shall be required to reimburse the Government for all cost incentive fee that was invoiced during the course of contract performance. This determination will be made by the Contracting Officer, upon completion of each contract year. Technical Performance Incentive Fee: Upon completion of the contract year, the Contracting Officer will utilize the Office of Job Corps' Outcome Measurement System (OMS) data to evaluate the contractor's overall technical performance, based on achievement of Program Years' goals, and will determine the level of technical performance incentive fee earned by the contractor. The Contracting Officer will then issue a bi-lateral contract modification to increase the estimated cost and funding on the contract's technical performance incentive fee line if incentive fee is earned. Upon receipt of the modification, the contractor would include the technical performance incentive fee earned on the next monthly invoice. Performance Excellence Bonuses will be awarded at the end of the contract year as well. Please note that the contractor shall not invoice for any technical performance incentive fee or Performance Excellence Bonuses until the bi-lateral modification has been awarded. If there is no additional fee earned, the Contracting Office will advise the contractor accordingly. G.4 INDIRECT COSTS Indirect cost rates under this contract at the time of award are as follows: Indirect Cost Base of AllocationRate for each Contract Year12345G&A In accordance with contractor's negotiated and approved Indirect Cost Rate Agreement, also excluding CRA, equipment, and CTST. OverheadApplicableNot ApplicableTotal Direct Salaries and Wages (including/excluding fringe benefits) Indirect Ceiling Rates or Ceiling Amounts - The Contracting Officer will impose the contractor's general & administrative cost limitation (G&A ceiling) regarding the contract based on the documentation received. Please note that these "ceilings" do not exclude your organization from the responsibility of annually submitting an indirect cost rate proposal to the contractor's Cognizant Agency of the Federal Government to establish the final, approved indirect cost rate(s). These terms and conditions in the cost principles below are applicable to all awardees receiving funds from multiple sources. Organizations receiving funds from only one source do not need an indirect cost rate (ICR) approved. The contractor's G&A ceiling rate is ___%. You are governed by one of the categories of cost principles listed below. Please comply with your cost principles as appropriate to your organization: •(1) Private-for-Profit organizations - Federal Acquisition Regulation (FAR) Subparts 31 and 42.•(2) State and local governments and Indian Tribal governments - OMB Circular A-87.•(3) Educational Institutions - OMB Circulars A-21 and FAR 42.705-3.•(4) Nonprofit organizations - OMB Circular A-122. In order to avoid major audit problems, disallowed costs, and to receive timely reimbursement of indirect costs, contractors should take those necessary steps to comply with the clause 52.242-4, Certification of Final Indirect Costs, as well as the critical timeframes for submission of indirect cost proposals. Note that the contractor must obtain approval from the Contracting Officer to reallocate planned expenses from direct cost budget line items to the indirect cost budget line item to accommodate higher approved indirect cost rates Support for Indirect Cost Claims A copy of the indirect cost rate negotiation agreement will be requested to verify the rate information (rate approved, type of indirect cost rate(s) approved, and allocation base) received from the Federal cognizant agency (Federal agency providing the preponderance of direct federal funds to the organization). For billing purposes, indirect costs shall be calculated using the approved provisional rate, until a final rate is established and retroactively applied. In the absence of an approved provisional rate, a negotiated/proposed rate shall be used. Temporary Billing Rate (TBR) - For those contractors that do not have a federally approved indirect cost rate, the Contracting Officer may negotiates a (TBR) to allow initial indirect cost claims for the first 90 days of award. During these 90 days, the offeror must submit an acceptable indirect cost proposal to your Federal cognizant agencyto obtain a provisional indirect rate. Failure on your part to submit an indirect cost proposal within this 90 day period means that you shall not receive further reimbursement for your billing rate. Also, action may be taken to recoup all indirect costs already paid to you. It is important to point out that all organizations are to submit a final indirect cost proposal to its Federal Cognizant agency annually and within 180 days after the end of the organization's fiscal year. If DOL is your Federal cognizant agency, proposals shall be sent to: Chief, Division of Cost Determination (DCD)U.S. Department of Labor, OASAM200 Constitution Avenue, N.W., Room S-1510Washington, D.C. 20210Tel. (202) 693-4100 http://www.dol.gov/oasam/programs/boc/costdeterminationguide/main.html G.5 INVOICE REQUIREMENTS •1. The contractor shall submit the original and one copy of the invoice claiming reimbursement for costs incurred directly to the COR for certification and forwarding to the cognizant payment office. Invoices shall be submitted not more frequently than twice a month and costs invoiced shall be based on guidance provided in Appendix 502 and 503 of the PRH. 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; •d. Service performance period (to and from dates); •e. Operations and/or CRA amounts requesting reimbursement during the service period; and•f. Name (where practicable), title, phone number, and complete mailing address of responsible official to whom payment is to be sent. •2. Contractors shall have available at all times and when requested, shall provide CORs with supporting documentation sufficient to substantiate costs incurred. •3. Certification must be made that the amount vouchered does not exceed the amount of funds available in the contract. •4. Standard Form 1034 shall be used for invoicing purposes and may be obtained at www.gsa.gov. Each invoice shall be numbered consecutively and shall include costs, G&A, fixed and incentive fees (if any) incurred for the period; along with an accompanying worksheet as backup for monthly and cumulative total costs, G&A and total cumulative fees incurred. •5. For the purpose of this contract, the COR is hereby designated the authorized representative for the Contracting Officer for processing provisional payment of invoices, except that the final invoice shall be forwarded to the Contracting Officer. The right to formally determine whether costs are allowable, disallowable, or should be suspended is not re-delegated, but is reserved for the Contracting Officer. G.6 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. G.7 STUDENT PER YEAR COST AND PER DAY COST The Student per Year Cost and Per Day Cost in whole dollars are as follows: Period of Performance Total Estimated Cost(excluding OA, CTS, CRA, equipment, and CTST) OBSStudent Per Year Cost(Total Estimated Cost/OBS)Student Per Day Cost (Student Per Year Cost/365*15%)Base Year One $ Base Year Two$ Option Year One$ Option Year Two$ Option Year Tee$ Average $ G.8 LIQUID G.8 DAMAGES FOR FAILURE TO COMPLY WITH REGULATIONS FOR SEPARATING STUDENTS/ISSUING LEAVES The contractor agrees to comply with the current requirements for separating students from the program, to prevent artificially extending enrollment in violation of Job Corps requirements, and/or authorizing Invalid Leave Days. The contractor agrees further that the refundable cost to the Government for each day a student is improperly retained (counted in the reported on-board strength), or granted invalid leave, is 15% of the Student Per Day Cost. This amount is identified for each contract year in Section G.7 of this contract, Student Per Year Cost and Per Day Cost. This "Per Day Cost" is then multiplied by the total number of Invalid Days. If the annual student cost is not stated for any given year, it shall be computed by dividing the total contract amount for the year by the total planned average on-board strength. G.9 LIQUIDATED DAMAGES FOR INELIGIBLE ENROLLMENT PLEASE NOTE THAT THIS CLAUSE ONLY APPLIES TO CONTRACTS WITH AN OUTREACH AND ADMISSIONS COMPONENT. The contractor agrees to comply with the current requirements for eligible enrollments. The contractor agrees that it will refund the Government for costs associated with an ineligible enrollment, which may include the cost to the Government for each day a student is improperly enrolled in the program (counted in the reported on-board strength). The contractor agrees further that the refundable cost to the Government for each day a student was improperly present in the program (counted in the reported on-board strength), is 15% of the Student Per Day Cost. This "Per Day Cost" is then multiplied by the total number of days in which the ineligible student was in the program. If the annual student cost is not stated for any given year, it shall be computed by dividing the total contract amount for the year by the total planned average on-board strength. G.10 LIQUIDATED DAMAGES FOR PLACEMENTS FOUND TO BE INVALID PLEASE NOTE THAT THIS CLAUSE ONLY APPLIES TO CONTRACTS WITH A CAREER TRANSITION SERVICES COMPONENT The contractor shall be held financially responsible for the costs associated with placements found to be invalid, and shall be required to reimburse the Government in the amount of $750 per invalid placement. G.11 LIQUIDATED DAMAGES FOR MISREPORTED ACADEMIC AND CAREER TECHNICAL TRAINING CREDITS The contractor shall be held liable for any and all Academic (HSE /HSD) or Career Technical Training Completion credits that are determined to be invalid. The contractor shall be required to reimburse the government $200 for each misreported HSE /HSD, $500 for each misreported Career Technical Completion and $1,000 for each combination. Disallowed credit as part of a combination = $300 incentive + amount for disallowed credit ($200 or $500, as applicable). G.12 FAILURE TO COMPLY WITH CONTRACT TERMS The contractor shall be held liable for failure to comply with the terms of the contract, including any fraudulent activity resulting from the actions of the contractor or contract staff in accordance with the following clauses, incorporated by reference: 52.203-8(Jan-97)Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity52.203-10(Jan-97)Price or Fee Adjustment for Illegal or Improper ActivitySECTION 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 subcontracts hereunder are 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: http://www.gsa.gov. 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); and (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 that 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. •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. Contractor shall include the applicable Davis Bacon Wage Determination in subcontracts that utilize CRA funding for construction that is substantial and segregated (FAR Part 22.402) and classified as construction subject to Davis Bacon as defined in FAR 52.222-6. Contracts shall also ensure that they are incorporating the prevailing Davis Bacon Wage Determination as of the day that the subcontract is awarded. See attachment J.17 for the Davis Bacon Wage Determination that is applicable to the center as of the day that the contract is awarded. H.7 SERVICE CONTRACT ACT OF 1965, AS AMENDED •A. The Service Contract Act of 1965 is not applicable to contracts for the operation and management of Job Corps centers. However, subcontracts awarded by contractors operating and managing Job Corps centers 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. Employees of the prime contractor who perform Outreach and Admissions and/or Career Transition Services are also exempt from the Service Contract Act. •B. Subcontracts awarded by contractors operating and managing Job Corps centers shall include FAR clause 52.222-41, in FAR 22.10, with such modifications as would otherwise be inappropriate had the clause been included in the prime contract. •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 issue 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 U.S. Department of Labor is responsible for obtaining prevailing wage rates for service-type subcontracts and shall make applicable wage rates a part of this contract. •E. Prime and/or subcontractors shall provide the Contracting Officer with a copy of any collective bargaining agreements affecting this contract, in accordance with FAR 22.1008-2. H.8 NONDISPLACEMENT OF QUALIFIED WORKERS UNDER SERVICE CONTRACTS (EXECUTIVE ORDER 13495 - JANUARY 30, 2009) A. Consistent with the efficient performance of this contract, the contractor and its subcontractors shall, except as otherwise provided herein, in good faith offer those employees (other than managerial and supervisory employees) employed under the predecessor contract whose employment will be terminated as a result of award of this contract or the expiration of the contract under which the employees were hired, a right of first refusal of employment under this contract in positions for which employees are qualified. The contractor and its subcontractors shall determine the number of employees necessary for efficient performance of this contract and may elect to employ fewer employees than the predecessor contractor employed in connection with performance of the work. Except as provided in paragraph (b), there shall be no employment opening under this contract, and the contractor and any subcontractors shall not offer employment under this contract, to any person prior to having complied fully with this obligation. The contractor and its subcontractors shall make an express offer of employment to each employee as provided herein and shall state the time within which the employee must accept such offer, but in no case shall the period within which the employee must accept the offer of employment be less than 10 days.B. Notwithstanding the obligation under paragraph (a) above, the contractor and any subcontractors: (1) may employ under this contract any employee who has worked for the contractor or subcontractor for at least 3 months immediately preceding the commencement of this contract and who would otherwise face lay-off or discharge; (2) are not required to offer a right of first refusal to any employee(s) of the predecessor contractor who are not service employees within the meaning of the Service Contract Act of 1965, as amended, 41 U.S.C. 357(b); and (3) are not required to offer a right of first refusal to any employee(s) of the predecessor contractor whom the contractor or any of its subcontractors reasonably believes, based on the particular employee's past performance, has failed to perform suitably on the job.C. In accordance with Federal Acquisition Regulation 52.222-41(n), the contractor shall, not less than 10 days before completion of this contract, furnish the Contracting Officer a certified list of the names of all service employees working under this contract and its subcontracts during the last month of contract performance. The list shall also contain anniversary dates of employment of each service employee under this contract and its predecessor contracts either with the current or predecessor contractors or their subcontractors. The Contracting Officer will provide the list to the successor contractor, and the list shall be provided on request to employees or their representatives.D. If it is determined, pursuant to regulations issued by the Secretary of Labor (Secretary), that the contractor or its subcontractors are not in compliance with the requirements of this clause or any regulation or order of the Secretary, appropriate sanctions may be imposed and remedies invoked against the contractor or its subcontractors, as provided in Executive Order No.13495, the regulations, and relevant orders of the Secretary, or as otherwise provided by law.E. In every subcontract entered into in order to perform services under this contract, the contractor will include provisions that ensure that each subcontractor will honor the requirements of paragraphs (a) tough (b) with respect to the employees of a predecessor subcontractor or subcontractors working under this contract, as well as of a predecessor contractor and its subcontractors. The subcontract shall also include provisions to ensure that the subcontractor will provide the contractor with the information about the employees of the subcontractor needed by the contractor to comply with paragraph 5(c), above. The contractor will take such action with respect to any such subcontract as may be directed by the Secretary as a means of enforcing such provisions, including the imposition of sanctions for noncompliance, provided, however, that if the contractor, as a result of such direction, becomes involved in litigation with a subcontractor, or is teatened with such involvement, the contractor may request that the United States enter into such litigation to protect the interests of the United States.H.9 WITHHOLDING The Contracting Officer shall, upon his/her own action or upon written request of an authorized representative of the U.S. 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 that 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.10 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.11 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.12 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.13 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.14 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.15 PATENT RIGHTS •A. Whenever any invention, improvement, or discovery (whether or not patentable) 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 effectuate 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 patentable) 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 U.S. Department of Labor..." H.16 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 Demonstrations, 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 workforce.•· 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 tough the use of pronouns. •· The lawyer made her final summation. •F. Avoid the use of stereotyped terms or expressions such as "man-sized" job. •· Employee-years and employee-hours (or staff-hours) instead of man-years and man-hours. •G. The use of 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.17 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.18 PRINTING AND DUPLICATING This clause is applicable to all contracts that require 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 10 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 tough 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.19 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 toughout 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, 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 may 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.20 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 required to be delivered under this contract become and remain the property of the Government. H.21 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. For consultants hired under the General Schedule, the daily rate is computed by dividing the annual GS-15, step 10, rate (excluding locality pay) by 2087 hours to find the hourly rate of pay and multiplying the hourly rate of pay by 8 hours. Current General Schedule pay rates may be found on the Office of Personnel Management website at http://www.opm.gov/oca. The same method shall be used to determine the daily rate for consultants hired under the Senior Level pay schedule. The current Senior Level pay schedule may be found at: http://www.opm.gov/oca. The daily rate is exclusive of travel and per diem cost which may be added to the allowable consultant's rate. •C. The contractor shall maintain a written report for the files of the results of all consultants charged to this contract. This report must include, as a minimum: (1) The consultant's name, dates, hours, and amounts charged to the contract; (2) the names of the contractor's staff to which the services are provided; and (3) the result of the subject matter of the consultation. H.22 RENTAL COST OF FACILITIES The contractor shall request the approval of the Contracting Officer's Representative prior to incurring costs for any rental facilities beyond those specified in this contract. H. 23 CLOSE-OUT PACKAGE In accordance with 29 CFR 95.71, Closeout Procedures, the contractor shall submit an invoice marked "Interim Final" no later than 90 calendar days after contract expiration. However, if there are not sufficient funds on the contract to permit the billing of the interim final voucher, then the contractor will not be required to bill within the 90 days, but rather will be required to bill upon obligation of sufficient funding. Pursuant to Clause 52.216-7, Allowable Cost and Payments, final indirect cost rates must be requested by the contractor from its Cognizant Federal agency no later than 180 calendar days after the close of each of the contractor's fiscal years. Immediately after the 180 calendar days for establishing final indirect cost rate for the last year of the contract, the contractor is allowed an additional 120 calendar days to submit a second final invoice. Failure to comply with the time periods mentioned above may negatively impact a contractor's past effectiveness evaluation report and could affect future contract award decisions. A closeout notification letter, documents, and instructions will be provided by the Government 30 calendar days prior to the contract expiration. H. 24 COMPLIANCE WITH NONDISCRIMINATION AND EQUAL OPPORTUNITY LAWS The assurance at 29 CFR 37.20(a) (1) is incorporated by reference into this contract. The assurance provides that the contractor will comply fully with the nondiscrimination and equal opportunity provisions of the following statutes: •A. Section 188 of the Workforce Investment Act of 1998 (WIA), which prohibits discrimination against all individuals in the United States on the basis of race, color, religion, sex, national origin, age, disability, or political affiliation or belief, and against beneficiaries on the basis of either citizenship/status as a lawfully admitted immigrant authorized to work in the United States or participation in any WIA Title I-financially assisted program or activity; •B. Title VI of the Civil Rights Act of 1964, as amended, which prohibits discrimination on the bases of race, color, and national origin; •C. Section 504 of the Rehabilitation Act of 1964, as amended, which prohibits discrimination against qualified individuals with disabilities; •D. The Age Discrimination Act of 1975, as amended, which prohibits discrimination on the basis of age; and •E. Title IX of the Education Amendments of 1972, as amended, which prohibits discrimination on the basis of sex in educational programs. The contractor also assures that it will comply with 29 CFR part 37 and all other regulations implementing the statutes listed above. This assurance applies to the contractor's operation of, or provision of services to, a Job Corps center, program, or activity, and to all subcontracts entered into by the contractor to carry out the Job Corps program or activity, or its operation of the center. The contractor understands that the United States has the right to seek judicial enforcement of this assurance. H.25 IDENTIFICATION OF SUBCONTRACTING OPPORTUNITIES Each solicitation issued under this contract shall include language that clearly indicates that it is a subcontracting opportunity with the contractor. This is intended to ensure that potential bidders understand that solicitations issued in support of this contract are subcontracting opportunities with the contractor rather than prime contracting opportunities with the Department of Labor. For those solicitations posted tough the Government Point of Entry, Federal Business Opportunities (FBO.gov), the contractor shall include the following statement: "THIS IS A SUBCONTRACTING OPPORTUNITY". In addition, the signature block for the posting shall identify the name of the purchasing agent, the name of the contractor and the name of the Job Corps center. H.26 LIMITS ON COMPENSATION 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 the Executive Level I pay rate. (Applicable Executive Pay Schedules are available at: http://www.opm.gov/policy-data-oversight/pay-leave/salaries-wages Proration means that the amount charged for a less than full-time employee cannot exceed an annualized rate equal to the authorized Executive Level 1 rate. 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. H.27 KEY PERSONNELThe personnel specified below or in attachment to this contract are considered to be essential to the work being performed hereunder. Prior to diverting any of the specified individuals to other programs, the Contractor shall notify the Contracting Officer reasonably in advance and shall submit justification (including proposed substitutions) in sufficient detail to permit evaluation of the impact on the program. No diversion shall be made by the Contractor without the written consent of the Contracting Officer; provided, that the Contracting Officer may ratify in writing such diversion and such ratification shall constitute the consent of the Contracting Officer required by this clause. (1) Center Director H.28 CONFLICT OF INTEREST CERTIFICATIONSContractors must develop and implement policies to ensure conflicts of interest do not exist between the company's contracting officials and/or senior leadership and the principles of the intended subcontractor. This certification must be maintained as a part of the official contract file. The Contractor's procurement policies must include this provision and be submitted to the Contracting Officer's Representative and Contracting Officer for review and approval within 90 days of contract award. H.29 MANDATORY SUBCONTRACTING The contractor shall subcontract the Outreach and Admissions and Career Transition Services performance areas to a small business entity. PART II - CONTRACT CLAUSES SECTION I. CONTRACT CLAUSES AND PROVISIONS I.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer shall make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): https://www.acquisition.gov/far/ FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES CLAUSEDATETITLE52.202-1(Nov-13)Definitions52.203-3(Apr-84)Gratuities52.203-5(Apr-84)Covenant Against Contingent Fees52.203-6(Sept-06)Restrictions on Subcontractors Sales to the Government52.203-7(Oct 2010)Anti-Kickback Procedures52.203-8(Jan-97)Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity52.203-10(Jan-97)Price or Fee Adjustment for Illegal or Improper Activity52.203-12(Oct 2010)Limitation on Payments to Influence Certain Federal Transactions52.203-13(Apr 2010)Contractor Code of Business Ethics and Conduct52.203-14 (Dec-07)Display of Hotline PostersPosters: DOL OIG Hotline Obtain from: http://www.oig.dol.gov/public/hotlineposter.pdf52.204-4(May 2011)Printed or Copied Double-Sided on Post Consumer Fiber Content Paper52.204-7(Jul-13)System for Award Management 52.204-9(Jan 2011)Personal Identity Verification of Contractor Personnel52.207-3(May-06)Right of First Refusal of Employment52.209-6(Aug-13)Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment52.215-2(Oct 2010)Audit and Records-Negotiation/Alternate I (Mar -09)52.215-8(Oct-97)Order of Precedence-Uniform Contract Data52.215-14(Oct 2010)Integrity of Unit Prices52.215-15(Oct 2010)Pension Adjustment and Asset Reversions52.215-17(Oct-97)Waiver of Facilities Capital Cost of Money52.215-18(Jul-05)Reversion or Adjustment of Plans for Post-Retirement Benefits (PRB) Other than Pensions52.215-21(Oct 2010)Requirements for Certified Cost or Pricing Data or Other Than Certified Cost or Pricing Data-Modifications/Alternate IV (Oct 2010)(b) C.O. will provide instructions on type of data to provide to complete a price reasonableness or cost realism assessment of the item or service being purchased as required by FAR 15.403-352.215-22(Oct-09)Limitations on Pass-Tough Charges - Identification of Subcontract Effort52.215-23(Oct-09)Limitations on Pass-Tough Charges52.216-7(Jun 13)Allowable Cost and Payment52.217-8(Nov-99)Option To Extend Services (30 days)52.217-9(Mar-00)Option to Extend the Term of the Contract (a) 30 days; 60 days. (c) 5 years52.219-8(Jul 13)Utilization of Small Business Concerns52.219-9(Jul 13)Small Business Subcontracting Plan/Alternate II (Oct-01)52.219-14(Nov 11)Limitations on Subcontracting52.219-16(Jan-99)Liquidated Damages-Subcontracting Plan52.219-28(Jul 13)Post-Award Small Business Program Representation52.222-1(Feb-97)Notice to the Government of Labor Disputes52.222-2(Jul-90)Payment for Overtime Premiums52.222-3(June-03)Convict Labor52.222-4(May 2014)Contract Work Hours and Safety Standards-Overtime Compensation52.222-5(May 2014)Construction Wage Rate Requirements-Secondary Site of the Work 52.222-6(May 2014)Construction Wage Rate Requirements52.222-7(May 2014)Withholding of Funds 52.222-8(May 2014)Payrolls and Basic Records 52.222-9(July 2005)Apprentices and Trainees 52.222-10(Feb-88)Compliance with Copeland Act Requirements52.222-11(May 2014)Subcontracts (Labor Standards) 52.222-12(May 2014)Contract Termination-Debarment 52.222-13(May 2014)Compliance with Construction Wage Rate Requirements and Related Regulations 52.222-14(Feb 1988)Disputes Concerning Labor Standards 52.222-15(May 2014)Certification of Eligibility 52.222-16(May 2014)Approval of Wage Rates 52.222-17(May 2014)Nondisplacement of Qualified Workers52.222-21(Feb-99)Prohibition of Segregated Facilities52.222-26(Mar-07)Equal Opportunity52.222-35(Sept 2010)Equal Opportunity for Veterans52.222-36(Oct 2010)Affirmative Action for Workers with Disabilities52.222-37(Sept 2010)Employment Reports on Veterans 52.222-40(Dec 2010)Notification of Employee Rights Under the National Labor Relations Act52.222-41(Nov-07)Service Contract Act of 196552.222-50(Feb-09)Combating Trafficking in Persons52.222-51(Nov-07)Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment - Requirements52.222-53(Feb-09)Exemption from Application of the Service Contract Act to Contracts for Certain Services - Requirements52.222-54(Aug 13)Employment Eligibility Verification52.223-1(May 12)Biobased Product Certification52.223-2(Sep 13)Affirmative Procurement of Biobased Products Under Service and Construction Contracts52.223-3(Jan-97)Hazardous Material Identification and Material Safety Data/Alternate I (Jul-95)52.223-4(May-08)Recovered Material Certification52.223-5(May 2011)Pollution Prevention and Right-to Know Information52.223-6(May-01)Drug-Free Workplace52.223-10(May 2011)Waste Reduction Program52.223-12(May-95)Refrigeration Equipment and Air Conditioners52.223-15(Dec-07)Energy Efficiency in Energy-Consuming Products52.223-16(Dec-07)IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products52.223-17(May-08)Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts52.224-1(Apr-84)Privacy Act Notification52.224-2(Apr-84)Privacy Act52.225-1(Feb-09)Buy American Act-Supplies52.225-13(Jun-08)Restrictions on Certain Foreign Purchases52.227-1(Dec-07)Authorization and Consent52.227-2(Dec-07)Notice and Assistance Regarding Patent and Copyright Infringement52.227-14(Dec-07)Rights in Data-General52.228-7(Mar-96)Insurance-Liability to Third Persons52.228-8(May-99)Liability and Insurance-Leased Motor Vehicles52.230-2(May 12)Cost Accounting Standards52.230-3(May 12)Disclosure and Consistency of Cost Accounting Practices52.230-6(Jun 2010)Administration of Cost Accounting Standards52.232-9(Apr-84)Limitation on Withholding of Payments52.232-17(Oct 2010)Interest52.232-18(Apr-84)Availability of Funds52.232-22(Apr-84)Limitation of Funds52.232-23(Jan-86)Assignment of Claims52.232-25(Jul 13)Prompt Payment/Alternate I (Feb-02)52.232-33(Jul 13)Payment by Electronic Funds Transfer- System for Award Management52.232-34(Jul 13)Payment by Electronic Funds Transfer-Other than System for Award Management52.233-1(Jul-02)Disputes/Alternate I (Dec-91)52.233-3(Aug-96)Protest after Award/Alternate I (Jun-85)52.233-4(Oct-04)Applicable Law for Breach of Contract Claim52.237-2(Apr-84)Protection of Government Buildings, Equipment, and Vegetation52.237-3(Jan-91)Continuity of Services52.237-7(Jan-97)Indemnification and Medical Liability Insurance (Enter dollar teshold for each health service)52.242-1(Apr-84)Notice of Intent to Disallow Costs52.242-2(Apr-91)Production Progress Reports52.242-3(May-01)Penalties for Unallowable Costs52.242-4(Jan-97)Certification of Indirect Costs52.242-13(Jul-95)Bankruptcy52.242-15(Aug-89)Stop Work Orders/Alternate 1 (Apr-84)52.243-2(Aug-87)Changes-Cost Reimbursement/Alternate I (Apr-84)52.244-2(Oct-10)Subcontracts/Alternate I (Jun-07)(d) Professional Health Services(j) None52.244-5(Dec-13)Competition in Subcontracting52.244-6(Dec 2010)Subcontracts for Commercial Items52.245-1(Apr 12)Government Property 52.245-9(Apr 12)Use and Charges52.246-5(Apr-84)Inspection of Services - Cost Reimbursement52.246-25(Feb-97)Limitation of Liability-Services52.249-6(May-04)Termination (Cost Reimbursement)52.249-14(Apr-84)Excusable Days52.251-1(Apr 2012)Government Supply Sources52.251-2(Jan-91)Interagency Fleet Management System Vehicles and Related Services52.253-1(Jan-91)Computer Generated FormsI.2 52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT AWARDS (Jul 2013) (a) Definitions. As used in this clause: "Executive" means officers, managing partners, or any other employees in management positions. "First-tier subcontract" means a subcontract awarded directly by the Contractor for the purpose of acquiring supplies or services (including construction) for performance of a prime contract. It does not include the Contractor's supplier agreements with vendors, such as long-term arrangements for materials or supplies that benefit multiple contracts and/or the costs of which are normally applied to a Contractor's general and administrative expenses or indirect costs. "Months of award" means the month in which a contract is signed by the Contracting Officer or the month in which a first-tier subcontract is signed by the Contractor. "Total compensation" means the cash and noncash dollar value earned by the executive during the Contractor's preceding fiscal year and includes the following (for more information see 17 CFR 229.402(c) (2)): (1) Salary and bonus. (2) Awards of stock, stock options, and stock appreciation rights. Use the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Financial Accounting Standards Board's Accounting Standards Codification (FASB ASC) 718, Compensation-Stock Compensation. (3) Earnings for services under non-equity incentive plans. This does not include group life, health, hospitalization or medical reimbursement plans that do not discriminate in favor of executives, and are available generally to all salaried employees. (4) Change in pension value. This is the change in present value of defined benefit and actuarial pension plans. (5) Above-market earnings on deferred compensation which is not tax-qualified. (6) Other compensation, if the aggregate value of all such other compensation (e.g., severance, termination payments, value of life insurance paid on behalf of the employee, perquisites or property) for the executive exceeds $10,000. (b) Section 2(d) (2) of the Federal Funding Accountability and Transparency Act of 2006 (Pub. L. 109-282), as amended by section 6202 of the Government Funding Transparency Act of 2008 (Pub. L. 110-252), requires the Contractor to report information on subcontract awards. The law requires all reported information be made public; therefore, the Contractor is responsible for notifying its subcontractors that the required information will be made public. (c) Nothing in this clause requires the disclosure of classified information (d)(1) Executive compensation of the prime contractor. As a part of its annual registration requirement in the System for Award Management (SAM) database (FAR provision 52.204-7), the Contractor shall report the names and total compensation of each of the five most highly compensated executives for its preceding completed fiscal year, if- (i) In the Contractor's preceding fiscal year, the Contractor received- (A) 80 percent or more of its annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants), cooperative agreements, and other forms of Federal financial assistance; and (B) $25,000,000 or more in annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants), cooperative agreements, and other forms of Federal financial assistance; and (ii) The public does not have access to information about the compensation of the executives tough periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at http://www.sec.gov/answers/execomp.htm.) (2) First-tier subcontract information. Unless otherwise directed by the contracting officer, or as provided in paragraph (h) of this clause, by the end of the month following the month of award of a first-tier subcontract with a value of $25,000 or more, the Contractor shall report the following information at http://www.fsrs.gov for that first-tier subcontract. (The Contractor shall follow the instructions at http://www.fsrs.gov to report the data.) (i) Unique identifier (DUNS Number) for the subcontractor receiving the award and for the subcontractor's parent company, if the subcontractor has a parent company. (ii) Name of the subcontractor. (iii) Amount of the subcontract award. (iv) Date of the subcontract award. (v) A description of the products or services (including construction) being provided under the subcontract, including the overall purpose and expected outcomes or results of the subcontract. (vi) Subcontract number (the subcontract number assigned by the Contractor). (vii) Subcontractor's physical address including street address, city, state, and country. Also include the nine-digit zip code and congressional district. (viii) Subcontractor's primary performance location including street address, city, state, and country. Also include the nine-digit zip code and congressional district. (ix) The prime contract number, and order number if applicable. (x) Awarding agency name and code. (xi) Funding agency name and code. (xii) Government contracting office code. (xiii) Treasury account symbol (TAS) as reported in FPDS. (xiv) The applicable North American Industry Classification System code (NAICS). (3) Executive compensation of the first-tier subcontractor. Unless otherwise directed by the Contracting Officer, by the end of the month following the month of award of a first-tier subcontract with a value of $25,000 or more, and annually thereafter (calculated from the prime contract award date), the Contractor shall report the names and total compensation of each of the five most highly compensated executives for that first-tier subcontractor for the first-tier subcontractor's preceding completed fiscal year at http://www.fsrs.gov, if- (i) In the subcontractor's preceding fiscal year, the subcontractor received- (A) 80 percent or more of its annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants), cooperative agreements, and other forms of Federal financial assistance; and (B) $25,000,000 or more in annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants), cooperative agreements, and other forms of Federal financial assistance; and (ii) The public does not have access to information about the compensation of the executives tough periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at http://www.sec.gov/answers/execomp.htm.) (e) The Contractor shall not split or break down first-tier subcontract awards to a value less than $25,000 to avoid the reporting requirements in paragraph (d). (f) The Contractor is required to report information on a first-tier subcontract covered by paragraph (d) when the subcontract is awarded. Continued reporting on the same subcontract is not required unless one of the reported data elements changes during the performance of the subcontract. The Contractor is not required to make further reports after the first-tier subcontract expires. (g)(1) If the Contractor in the previous tax year had gross income, from all sources, under $300,000, the Contractor is exempt from the requirement to report subcontractor awards. (2) If a subcontractor in the previous tax year had gross income from all sources under $300,000, the Contractor does not need to report awards for that subcontractor. (h) The FSRS database at http://www.fsrs.gov will be prepopulated with some information from SAM and FPDS databases. If FPDS information is incorrect, the contractor should notify the contracting officer. If the SAM database information is incorrect, the contractor is responsible for correcting this information. I.3 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (Jul 2013) (a) Definitions. As used in this provision- "Administrative proceeding" means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables. "Federal contracts and grants with total value greater than $10,000,000" means- (1) The total value of all current, active contracts and grants, including all priced options; and (2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules). "Principal" means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions). (b) The offeror [ ] has [ ] does not have current active Federal contracts and grants with total value greater than $10,000,000. (c) If the offeror checked "has" in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information: (1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions: (i) In a criminal proceeding, a conviction. (ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more. (iii) In an administrative proceeding, a finding of fault and liability that results in- (A) The payment of a monetary fine or penalty of $5,000 or more; or (B) The payment of a reimbursement, restitution, or damages in excess of $100,000. (iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision. (2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence. (d) The offeror shall post the information in paragraphs (c)(1)(i) tough (c)(1)(iv) of this provision in FAPIIS as required tough maintaining an active registration in the System for Award Management database via https://www.acquisition.gov (see 52.204-7). I.4 52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING RESPONSIBILITY MATTERS (Jul 2013) (a) The Contractor shall update the information in the Federal Awardee Performance and Integrity Information System (FAPIIS) on a semi-annual basis, toughout the life of the contract, by posting the required information in the System for Award Management database via https://www.acquisition.gov. (b) As required by section 3010 of the Supplemental Appropriations Act, 2010 (Pub. L. 111-212), all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available. FAPIIS consists of two segments- (1) The non-public segment, into which Government officials and the Contractor post information, which can only be viewed by- (i) Government personnel and authorized users performing business on behalf of the Government; or (ii) The Contractor, when viewing data on itself; and (2) The publicly-available segment, to which all data in the non-public segment of FAPIIS is automatically transferred after a waiting period of 14 calendar days, except for- (i) Past performance reviews required by subpart 42.15; (ii) Information that was entered prior to April 15, 2011; or (iii) Information that is withdrawn during the 14-calendar-day waiting period by the Government official who posted it in accordance with paragraph (c)(1) of this clause. (c) The Contractor will receive notification when the Government posts new information to the Contractor's record. (1) If the Contractor asserts in writing within 7 calendar days, to the Government official who posted the information, that some of the information posted to the non-public segment of FAPIIS is covered by a disclosure exemption under the Freedom of Information Act, the Government official who posted the information must within 7 calendar days remove the posting from FAPIIS and resolve the issue in accordance with agency Freedom of Information procedures, prior to reposting the releasable information. The contractor must cite 52.209-9 and request removal within 7 calendar days of the posting to FAPIIS. (2) The Contractor will also have an opportunity to post comments regarding information that has been posted by the Government. The comments will be retained as long as the associated information is retained, i.e., for a total period of 6 years. Contractor comments will remain a part of the record unless the Contractor revises them. (3) As required by section 3010 of Pub. L. 111-212, all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available. (d) Public requests for system information posted prior to April 15, 2011, will be handled under Freedom of Information Act procedures, including, where appropriate, procedures promulgated under E.O. 12600. I.5 52.215-19 NOTIFICATION OF OWNERSHIP CHANGES (OCT 1997) The contractor shall make the following notifications in writing: •A. When the contractor becomes aware that a change in its ownership has occurred, or is certain to occur, that could result in changes in the valuation of its capitalized assets in the accounting records, the contractor shall notify the Administrative Contracting Officer (ACO) within 30 days. •B. The contractor shall also notify the ACO within 30 days whenever changes to asset valuations or any other cost changes have occurred or are certain to occur as a result of a change in ownership. •1. The contractor shall -•a. Maintain current, accurate, and complete inventory records of assets and their costs;•b. Provide the ACO or designated representative ready access to the records upon request;•c. Ensure that all individual and grouped assets, their capitalized values, accumulated depreciation or amortization, and remaining useful lives are identified accurately before and after each of the contractor's ownership changes; and•d. Retain and continue to maintain depreciation and amortization schedules based on the asset records maintained before each contractor ownership change. •2. The contractor shall include the substance of this clause in all subcontracts under this contract that meet the applicability requirement of FAR 15.408(k).52.222-99 ESTABLISHING A MINIMUM WAGE FOR CONTRACTORS(DEVIATION) (JULY 2014) This clause implements Executive Order 13658, Establishing a Minimum Wage for Contractors,dated February 12, 2014, and OMB Policy Memorandum M-14-09, Implementation of thePresident's Executive Order Establishing a Minimum Wage for Contractors, dated June 12,2014. (a) Each service employee, laborer, or mechanic employed in the United States (the 50states and the District of Columbia) in the performance of this contract by the prime Contractoror any subcontractor, regardless of any contractual relationship which may be alleged to existbetween the Contractor and service employee, laborer, or mechanic, shall be paid not less thanthe applicable minimum wage under Executive Order 13658. The minimum wage required to bepaid to each service employee, laborer, or mechanic performing work on this contract betweenJanuary 1, 2015, and December 31, 2015, shall be $10.10 per hour. •(a) The Contractor shall adjust the minimum wage paid under this contract each time theSecretary of Labor's annual determination of the applicable minimum wage under section2(a)(ii) of Executive Order 13658 results in a higher minimum wage. Adjustments to theExecutive Order minimum wage under section 2(a)(ii) of Executive Order 13658 will beeffective for all service employees, laborers, or mechanics subject to the Executive Orderbeginning January 1 of the following year. The Secretary of Labor will publish annualdeterminations in the Federal Register no later than 90 days before such new wage is to takeeffect. The Secretary will also publish the applicable minimum wage on http://www.wdol.gov/ (or any successor website). The applicable published minimum wage is incorporated by reference into this contract. •(b) The Contracting Officer will adjust the contract price or contract unit price under thisclause only for the increase in labor costs resulting from the annual inflation increases in theExecutive Order 13658 minimum wage beginning on January 1, 2016. The Contracting Officershall consider documentation as to the specific costs and workers impacted in determining theamount of the adjustment. •(c) The Contracting Officer will not adjust the contract price under this clause for anycosts other than those identified in paragraph (c) of this clause, and will not provide priceadjustments under this clause that result in duplicate price adjustments with the respective clauseof this contract implementing the Service Contract Labor Standards statute (formerly known asthe Service Contract Act) or the Wage Rate Requirements (Construction) statute (formerlyknown as the Davis Bacon Act). •(e) The Contractor shall include the substance of this clause, including this paragraph (e)in all subcontracts. I.6 52.252-4 ALTERATIONS IN CONTRACT (Apr 1984) Portions of this contract are altered as follows: _________ (enter any alterations) _­­­­___________________________________________________________________________________________________________ PART III LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS SECTION J LIST OF ATTACHMENTS NUMBERTITLE The following attachments are included in full text in the RFPJ-1Cost Detail Template J-2Statement of Financial Capability (ETA 8554) J-3Financial Display By Year, ETA 2110 Format - Center (For instructions, see PRH Chapter 5, Appendix 502)Financial Display By Year, ETA 2110 Format - OA & CTS (For instructions, see PRH Chapter 5, Appendix 503) J-4Staffing Chart J-5List of Career Technical Skills Training (CTST) Slots J-6Subcontracting Plan Summary Sheet J-7Past Performance Confirmation Questionnaire J-8Standard Form 1413 - Statement and Acknowledgement The following documents are available as electronic attachments and may be downloaded.J-9Facility Survey, including:Site MapSquare foot facility utilization table J-10Computerized Property Management Listing J-11Inventory Estimate - Estimate of inventory value to be turned over by theincumbent contractor by category J-12Utilities and Fuel Usage for last Contract Year J-13National Staff Compensation Report Data J-14Collective Bargaining Agreement (if applicable) J-15Regional Career Pathway Plan (if applicable) The following applicable documents are available at the websites listed below: NUMBERTITLE J-16Performance Report Cards available at: http://www.jobcorps.gov/AboutJobCorps/performance_planning.aspx OMS 10 Center Report CardOA OMS 10 - Outreach/Admissions Report Card (if applicable)CTS OMS 10 - Career Transition Services Report Card (if applicable)The following reports are available on request:MPO35 - Monthly Center Summary ReportMSO 20 - Educational Attainment Report•· CTTRC - Career Technical Training Report Card J-17 Davis-Bacon Wage Determination Applicable wage determinations are available at http://www.wdol.gov found under State of Minnesota, Ramsey County: Building: General Decision Number: MN140040 dated: 08/15/2014 Residential: General Decision Number: MN140040 dated: 08/15/2014 Highway: General Decision Number: MN140040 dated: 08/15/2014 Heavy: General Decision Number: MN140040 dated: 08/15/2014[JM3] [JM4] J-18Service Contract Act Wage Determinations Applicable wage determinations are available on the DOL Wage and Hour website http://www.wdol.gov, and found under the State of Minnesota, Ramsey County. Wage Determination No. 2005-2288 Revision 14, Dated: 06/19/2013[JM5] [JM6] J-19 State of Minnesota Workforce Investment Goals: http://www.doleta.gov/performance//goals/st_neg_perf_level.cfm COST DETAIL TEMPLATE ATTACHMENT J-1 (Page 1 of 19) A. Pricing ScheduleLINE ITEM (CLIN)DESCRIPTIONPROPOSED ESTIMATEDCOSTTransition-in - Period of Performance: 0001Transition In Period (A)[f] Base Period - Period of Performance: 0002 Center Operations (A) 0003Center Operations Technical Performance Incentive Fee (A) 2.4% of CLIN 0002 0004 Center Operations Cost Incentive Fee (A) 3.6% of CLIN 0002 0005Outreach/Admissions (C1) 0006Outreach/Admissions Technical Performance Incentive Fee (C1) 2.4% of CLIN 0005 0007Outreach/Admissions Cost Incentive Fee (C1) 3.6% of CLIN 0005 0008Career Transition Services (C2) 0009Career Transition Services Technical Performance Incentive Fee (C2) 2.4% of CLIN 0008 0010 Career Transition Services Cost Incentive Fee (C2) 3.6% of CLIN 0008 ATTACHMENT J-1 (page 2 of 19) LINE ITEM (CLIN)DESCRIPTIONPROPOSED Option Period #1 - Period of Performance: 1002 Center Operations (A) 1003Center Operations Technical Performance Incentive Fee (A) 2.4% of CLIN 1002 1004 Center Operations Cost Incentive Fee (A) 3.6% of CLIN 1002 1005Outreach/Admissions (C1) 1006Outreach/Admissions Technical Performance Incentive Fee (C1) 2.4% of CLIN 1005 1007Outreach/Admissions Cost Incentive Fee (C1) 3.6% of CLIN 1005 1008Career Transition Services (C2) 1009Career Transition Services Technical Performance Incentive Fee (C2) 2.4% of CLIN 1008 1010 Career Transition Services Cost Incentive Fee (C2) 3.6% of CLIN 1008 LINE ITEM (CLIN)DESCRIPTIONPROPOSED Option Period #2 - Period of Performance: 2002 Center Operations (A) 2003Center Operations Technical Performance Incentive Fee (A) 2.4% of CLIN 2002 2004 Center Operations Cost Incentive Fee (A) 3.6% of CLIN 2002 2005Outreach/Admissions (C1) 2006Outreach/Admissions Technical Performance Incentive Fee (C1) 2.4% of CLIN 2005 ATTACHMENT J-1 (page 3 of 19) 2007Outreach/Admissions Cost Incentive Fee (C1) 3.6% of CLIN 2005 2008Career Transition Services (C2) 2009Career Transition Services Technical Performance Incentive Fee (C2) 2.4% of CLIN 2008 2010 Career Transition Services Cost Incentive Fee (C2) 3.6% of CLIN 2008 LINE ITEM (CLIN)DESCRIPTIONPROPOSED Option Period #3 - Period of Performance: 3002 Center Operations (A) 3003Center Operations Technical Performance Incentive Fee (A) 2.4% of CLIN 3002 3004 Center Operations Cost Incentive Fee (A) 3.6% of CLIN 3002 3005Outreach/Admissions (C1) 3006Outreach and Admissions Technical Performance Incentive Fee (A) 2.4% of CLIN 3005 3007 Outreach and Admissions Cost Incentive Fee (A) 3.6% of CLIN 3005 ATTACHMENT J-1 (page 4 of 19) 3008Career Transition Services (C2) 3009Career Transition Services Technical Performance Incentive Fee (C2)2.4% of CLIN 3008 3010Career Transition Services Cost Incentive Fee (C2)3.6% of CLIN 3008 Transition-Out[g]4001Transition-out ATTACHMENT J-1 (Page 5 of 19) B. Cost Detail - Center Operations, Outreach and Admissions and Career Transition Services COST DETAIL - CENTER OPERATIONSCost Category1st Base Year2nd Base YearBase Period Total Estimated CostOption Year 1Option Year 2Option Year 3Five Year Total Estimated Cost1Staff Salaries Excluding Fringe 2Fringe Benefits for Staff 3Staff Travel & Per Diem 4Consultants Costs 5Subcontract Costs 6Materials & Supplies 7Communications Costs 8All Other Direct Costs 9Total Estimated Direct Costs 10General and Administrative Costs (____%) 11Total Estimated Direct/Indirect Costs 12Technical Performance Incentive Fee 13Cost Incentive Fee 14Total Estimated Cost Including Technical Performance and Cost Incentive Fees ATTACHMENT J-1 (Page 6 of 19) COST DETAIL - OUTREACH AND ADMISSIONSCost Category1st Base Year2nd Base YearBase Period Total Estimated CostOption Year 1Option Year 2Option Year 3Five Year Total Estimated Cost1Staff Salaries Excluding Fringe 2Fringe Benefits for Staff 3Staff Travel & Per Diem 4Consultants Costs 5Subcontract Costs 6Materials & Supplies 7Communications Costs 8All Other Direct Costs 9Total Estimated Direct Costs 10General and Administrative Costs (____%) 11Total Estimated Direct/Indirect Costs 12Technical Performance Incentive Fee 13Cost Incentive Fee 14Total Estimated Cost Including Technical Performance and Cost Incentive Fees ATTACHMENT J-1 (Page 7 of 19) COST DETAIL - CAREER TRANSITION SERVICEESCost Category1st Base Year2nd Base YearBase Period Total Estimated CostOption Year 1Option Year 2Option Year 3Five Year Total Estimated Cost1Staff Salaries Excluding Fringe 2Fringe Benefits for Staff 3Staff Travel & Per Diem 4Consultants Costs 5Subcontract Costs 6Materials & Supplies 7Communications Costs 8All Other Direct Costs 9Total Estimated Direct Costs 10General and Administrative Costs (____%) 11Total Estimated Direct/Indirect Costs 12Technical Performance Incentive Fee 13Cost Incentive Fee 14Total Estimated Cost Including Technical Performance and Cost Incentive Fees ATTACHMENT J-1 (Page 8 of 19) C. Fringe Benefits FRINGE BENEFITS - CENTER OPERATIONS%1st Year Pay Base(a)2nd Year Pay Base(b)Fringe 1st Year(%*a)Fringe 2nd Year(%*b)1Unemployment Insurance $$$$2FICA $$$$3Worker's Compensation $$$$4Health Insurance $$$$5Dental Insurance $$$$6Life Insurance $$$$7Retirement/Pension $$$$8Other (Specify) $$$$9Total Costs of Fringe Benefits $$$$ADDITIONAL INFORMATION 10Estimated Overtime/Holiday Premium Pay $$11Estimated Night Differential $$12Number of Staff Paid Holidays 13Estimated Total Number Staff Vacation Days FRINGE BENEFITS% OY1 Pay Base FringeOY 1%OY2 Pay Base FringeOY 2%OY3 Pay Base FringeOY 31Unemployment Insurance $$ $$ $$2FICA $$ $$ $$3Worker's Compensation $$ $$ $$4Health Insurance $$ $$ $$5Dental Insurance $$ $$ $$6Life Insurance $$ $$ $$7Retirement/Pension $$ $$ $$8Other (Specify) $$ $$ $$9Total Costs of Fringe Benefits $ $ $ADDITIONAL INFORMATION 10Estimated Overtime/Holiday Premium Pay $ $ $11Estimated Night Differential $ $ $12Number of Staff Paid Holidays 13Estimated Total Number Staff Vacation Days ATTACHMENT J-1 (Page 10 of 19) FRINGE BENEFITS - OUTREACH AND ADMISSIONS%1st Year Pay Base(a)2nd Year Pay Base(b)Fringe 1st Year(%*a)Fringe 2nd Year(%*b)1Unemployment Insurance $$$$2FICA $$$$3Worker's Compensation $$$$4Health Insurance $$$$5Dental Insurance $$$$6Life Insurance $$$$7Retirement/Pension $$$$8Other (Specify) $$$$9Total Costs of Fringe Benefits $$$$ADDITIONAL INFORMATION 10Estimated Overtime/Holiday Premium Pay $$11Estimated Night Differential $$12Number of Staff Paid Holidays 13Estimated Total Number Staff Vacation Days FRINGE BENEFITS% OY1 Pay Base FringeOY 1%OY2 Pay Base FringeOY 2%OY3 Pay Base FringeOY 31Unemployment Insurance $$ $$ $$2FICA $$ $$ $$3Worker's Compensation $$ $$ $$4Health Insurance $$ $$ $$5Dental Insurance $$ $$ $$6Life Insurance $$ $$ $$7Retirement/Pension $$ $$ $$8Other (Specify) $$ $$ $$9Total Costs of Fringe Benefits $ $ $ADDITIONAL INFORMATION 10Estimated Overtime/Holiday Premium Pay $ $ $11Estimated Night Differential $ $ $12Number of Staff Paid Holidays 13Estimated Total Number Staff Vacation Days ATTACHMENT J-1 (Page 12 of 19) FRINGE BENEFITS - CAREER TRANSITION SERVICES%1st Year Pay Base(a)2nd Year Pay Base(b)Fringe 1st Year(%*a)Fringe 2nd Year(%*b)1Unemployment Insurance $$$$2FICA $$$$3Worker's Compensation $$$$4Health Insurance $$$$5Dental Insurance $$$$6Life Insurance $$$$7Retirement/Pension $$$$8Other (Specify) $$$$9Total Costs of Fringe Benefits $$$$ADDITIONAL INFORMATION 10Estimated Overtime/Holiday Premium Pay $$11Estimated Night Differential $$12Number of Staff Paid Holidays 13Estimated Total Number Staff Vacation Days FRINGE BENEFITS% OY1 Pay Base FringeOY 1%OY2 Pay Base FringeOY 2%OY3 Pay Base FringeOY 31Unemployment Insurance $$ $$ $$2FICA $$ $$ $$3Worker's Compensation $$ $$ $$4Health Insurance $$ $$ $$5Dental Insurance $$ $$ $$6Life Insurance $$ $$ $$7Retirement/Pension $$ $$ $$8Other (Specify) $$ $$ $$9Total Costs of Fringe Benefits $ $ $ADDITIONAL INFORMATION 10Estimated Overtime/Holiday Premium Pay $ $ $11Estimated Night Differential $ $ $12Number of Staff Paid Holidays 13Estimated Total Number Staff Vacation Days ATTACHMENT J-1 (Page 14 of 19)D. Indirect Costs The proposed indirect costs under this contract are as follows: Indirect Cost Base of AllocationRate for each Contract Year12345G&A In accordance with contractor's negotiated and approved Indirect Cost Rate Agreement, also excluding CRA, equipment, and CTST. OverheadApplicableNot ApplicableTotal Direct Salaries and Wages (including/excluding fringe benefits) Ceiling Indirect Rates or Ceiling Amounts - The Contracting Officer will impose the contractor's administrative cost limitations (ceilings) regarding the contract based on the documentation received. Please note that these "ceilings" do not exclude your organization from the responsibility of submitting an indirect cost rate proposal(s) for approval. The contractor's proposed G&A ceiling rate: ___%. E. Option to Extend Services In the event that the Government chooses to exercise contract clause 52.217-8, Option to Extend Services, estimated costs for each month of the six month Option are as follows below. Please note that under the Option to Extend Services, the contractor shall receive a technical performance incentive fee and a cost incentive fixed fee on total direct and indirect costs, excluding CRA, equipment, CTST, and demonstration projects: 52.217-8, Option to Extend ServicesDescriptionMonth 1Month 2Month 3Month 4Month 5Month 6Center Operations (A) Center Operations Technical Performance Incentive Fee 2.4% Center Operations Cost Incentive Fee 3.6% Outreach/Admissions (C1) Outreach/ Admissions Technical Performance Incentive Fee 2.4% Outreach/ Admissions Cost Incentive Fee 3.6% Career Transition Services (C2) Career Transition Services Technical Performance Incentive Fee - 2.4% Career Transition Services Cost Incentive Fee - 3.6% Total, all costs including fees •F. Liquidated Damages The following table shall be used for the purpose of calculating the Student per Year Cost and Student per Day Cost, as applied in Section G.8, Liquidated Damages for Failure to Comply with Regulations for Separating Students/Issuing Leaves and Section G.9, Liquated Damages for Ineligible Enrollment. Period of Performance Total Estimated Cost(excluding OA, CTS, CRA, equipment, and CTST) OBS Student Per Year Cost(Total Estimated Cost/OBS) Student Per Day Cost (Student Year Cost/365*15%)Base Year One $ Base Year Two$ Option Year One$ Option Year Two$ Option Year Tee$ Average $ •G. Incentive Fees The following table shall be used for the purpose of proposing the technical and cost incentives. Center Operations:Contract YearMinimum Cost Incentive Fee(2.0%)Minimum Technical Performance Incentive Fee (0%)Average Technical Performance Incentive Fee (1.2%)Maximum Performance Incentive Fee(2.4%)Maximum TechnicalPerformance Excellence Bonus (.44%)1 2 3 4 5 Outreach/Admissions (OA): Contract YearMinimum Cost Incentive Fee(2.0%)Minimum Technical Performance Incentive Fee(0%)Average Technical Performance Incentive Fee(1.2%)Maximum Technical Performance Incentive Fee(2.4%)Maximum Technical Performance Excellence Bonus (.44%)1 2 3 4 Career Transition Services (CTS): Contract YearMinimum Cost Incentive Fee(2.0%)Minimum Technical Performance Incentive Fee(0%)Average Technical Performance Incentive Fee(1.2%)Maximum Technical Performance Incentive Fee(2.4%)Maximum Technical Performance Excellence Bonus (.44%)1 2 3 4 5 Cost Incentive Fee:TermDefinition of TermCenter OperationsOACTSTarget Cost Contractor's current contract year's estimated operations cost (i.e., that contract year's approved operations budget as shown on form 2181 within FMS), excluding fees, CRA (CLIN 5001), equipment (CLIN 5002), CTST (CLIN 5003), and demonstration projects (5004). Base Year One:Base Year Two:Option Year One:Option Year Two:Option Year Tee: Base Year One:Base Year Two:Option Year One:Option Year Two:Option Year Tee:Base Year One:Base Year Two:Option Year One:Option Year Two:Option Year Tee:Actual CostThe actual operations costs incurred by the contract as a result of contract performance (i.e., as shown on form 2110), excluding fees, CRA (CLIN 5001), equipment (CLIN 5002), CTST (CLIN 5003), and demonstration projects (5004)Base Year One:Base Year Two:Option Year One:Option Year Two:Option Year Tee:Base Year One:Base Year Two:Option Year One:Option Year Two:Option Year Tee:Base Year One:Base Year Two:Option Year One:Option Year Two:Option Year Tee: Definition of TermCenter OperationsOACTSMinimum Cost Incentive Fee Minimum Cost Incentive Fee = 2.0% of total direct and indirect costs, excluding fees, CRA (CLIN 5001), equipment (CLIN 5002), CTST (CLIN 5003), and demonstration projects (5004). Please note that the minimum cost incentive fee operates in the same way as a fixed fee and therefore, the dollar amount of the minimum fee does not increase as the contractor's costs increase, unless approved by the Contracting Officer. Contractor's minimum cost incentive fee of 2% may be unilaterally reduced to 0% by the Contracting Officer if the contractor's actual costs exceed the target cost by greater than 10%. Base Year One: Base Year Two: Option Year One: Option Year Two: Option Year Tee: Base Year One: Base Year Two: Option Year One: Option Year Two: Option Year Tee: Base Year One: Base Year Two: Option Year One: Option Year Two: Option Year Tee: Maximum Cost Incentive FeeMaximum Cost Incentive Fee Possible = 3.6% of total direct and indirect costs, excluding fees, CRA (CLIN 5001), equipment (CLIN 5002), CTST (CLIN 5003), and demonstration projects (5004). Base Year One:Base Year Two:Option Year One:Option Year Two:Option Year Tee:Base Year One:Base Year Two:Option Year One:Option Year Two:Option Year Tee:Base Year One:Base Year Two:Option Year One:Option Year Two:Option Year Tee:Target Cost Incentive fee This is the cost incentive fee that the contractor earns if the contractor's actual costs are equal to the Target Cost2.8% of total direct and indirect costs, excluding fees, CRA (CLIN 5001), equipment (CLIN 5002), CTST (CLIN 5003), and demonstration projects (5004). Base Year One:Base Year Two:Option Year One:Option Year Two:Option Year Tee:Base Year One:Base Year Two:Option Year One:Option Year Two:Option Year Tee:Base Year One:Base Year Two:Option Year One:Option Year Two:Option Year Tee: TermDefinition of TermCenter OperationsOACTSCost Overrunand Cost Underrun variancesA cost overrun variance occurs when actual operations cost is more than the budgeted cost in a given contract year. A cost underrun variance occurs when actual operations cost is less than the budgeted cost in a given contract year. The contract year's variance will be reported on the form 2110. Fee Adjustment Formula - used to calculate Cost Incentive Fee EarnedCost Sharing Ratio for cost overruns = 20% Government / 80% Contractor Benefit Ratio for cost underruns = 80% Government / 20% Contractor Calculation of the Final Cost Incentive Fee earned(see Note 2)Final Cost Incentive Fee = Target Cost Incentive Fee + /- (Cost Underrun or Cost Overrun variance * Contractor Share) (see Note 2)Base Year One:Base Year Two:Option Year One:Option Year Two:Option Year Tee:Base Year One:Base Year Two:Option Year One:Option Year Two:Option Year Tee:Base Year One:Base Year Two:Option Year One:Option Year Two:Option Year Tee: Note 1: In accordance with cost reporting requirements as found in Appendices 502 and 503 of the PRH. Note 2: The Final Cost Incentive Fee earned will not be less than 2.0% of total direct and indirect costs (minimum cost incentive fee) and not more than 3.6% of total direct and indirect costs (maximum cost incentive fee). Contractor's minimum cost incentive fee of 2% may be unilaterally reduced to 0% by the Contracting Officer if the contractor's Actual costs exceed the Target cost by greater than 10%. ATTACHMENT J-2 (page 1 of 2) U.S. DEPARTMENT OF LABOR * Employment and Training Administration RFP NO. STATEMENT OF FINANCIAL CAPABILITY (Insert the Name and Complete Mailing Address of Offeror) A. DATE LAST BALANCE WAS PREPARED   B. FINANCIAL CONDITION (As of Date) _______________ 19____ (1) Cash .........................................................$___________________ (2) Current Assets .........................................$___________________ (3) Current Liabilities .....................................$___________________ (4) Net Worth ................................................$___________________ PERIOD COVERED (Month, Day, Year) From To C. DATE FISCAL YEAR ENDS (Month, Day, Year)  D. FINANCIAL ARRANGEMENTS TO FACILITATE PERFORMANCE DURING INITIAL PHASE OF CONTRACT ("X" appropriate box(es)) (1) Own Resources (2) Bank credit If "YES"complete  a. Name of Bank(s): b. Amount $___________________ Yes No Yes No (3) Other (If "YES", specify) Yes No E. IF ADVANCE PAYMENT IS INDICATED UNDER D(3) ABOVE, COMPLETE THE FOLLOWING:- (1) Estimated Amount of Advance Payment $_______________________ for ___________ months.(2) The following advances from the Government are presentlybeing received: (Complete Columns "a" tu "e" below) AGENCY'S NAME AND ADDRESS PERIODOFCONTRACT CONTRACT NO. AMOUNTOFADVANCE BANKAGREEMENT WITH (a)(b)(c)(d)(e) ETA 8554 (Mar. 1981) ATTACHMENT J-2 (page 2 of 2) F. THE FOLLOWING IS A LIST OF CURRENT CONTRACTS WITH THIS OR ANY OTHER GOVERNMENT AGENCIES.(If additional space is needed, attach additional sheet(s)) AGENCY'S NAME, ADDRESS, AND TELEPHONE NO. CONTRACT NO. AMOUNTOFCONTRACT PERIOD OF CONTRACT(1)(2)(3)(4) G. IF OVERHEAD/INDIRECT COSTS ARE INCLUDED IN YOUR COST PROPOSAL, THE FOLLOWING DATA WILL BE FURNISHED. (1) Name and Address(es) of Cognizant Government Audit Agency (2) Name and Address of Government Auditor Telephone Area CodeNo. ( ) (3) Date Last Rate was Computed (Month, Day, Year) and Negotiated ───────────────────────────────── (4) If no government audit agency computed and authorized the rate claimed, complete (a), (b), and (c) below. (a) How it is computed? (b) Who? (c) Date (Mo., Day, Yr.) ATTACH COMPUTATION DATA USED. COMMENTS CERTIFICATION: I CERTIFY that to the best of my knowledge and belief the information contained herein is TRUE and CORRECT. SIGNATURE TYPED NAME AND TITLE DATE (Mo., Day, Yr.) ATTACHMENT J-3 (page 1 of 3)Financial Display by Year (ETA 2110 Center format) 1ST BASE YEAR2ND BASE YEARTOTAL SYTOTAL COSTSYTOTAL COSTSYTOTAL COST01 Academic Personnel Exp 02 Other Academic Exp 03 CTT Personnel Exp 04 Other CTT Exp 05 Career Success Personnel Exp 06 Other Career Success Exp 07 Food 08 Clothing 09 Support Ser Personnel Exp 10 Other Support Ser Exp 11 Medical Personnel Exp 12 Other Medical Exp 13 CP/CTR Personnel Exp 14 Other CP/CTR Exp 15 Admin Personnel Exp 16 Other Admin Exp 17 Indirect Admin Exp 18 Facil Maint Personnel Exp 19 Other Facil Maint Exp 20 Security Personnel Exp 21 Other Security Exp 22 Communications 23 Utilities and Fuel 24 Facility Lease Cost 25 Insurance 26 Motor Vehicle Operating Expense 27 Travel and Training 28 Contractor's Technical Performance Incentive Fee 29 Contractor's Cost Incentive Fee 30 Net Center Operations Expense ATTACHMENT J-3(page 2 of 3) Financial Display by Year (ETA 2110 Center format)1ST OY2ND OY3RD OYTOTAL 5-YRCONTRACTSYTOTAL COSTSYTOTAL COSTSYTOTAL COSTSYTOTAL COST 01 Academic Personnel Exp 02 Other Academic Exp 03 CTT Personnel Exp 04 Other CTT Exp 05 Career Success Personnel Exp 06 Other Career Success Exp 07 Food 08 Clothing 09 Support Ser Personnel Exp 10 Other Support Ser Exp 11 Medical Personnel Exp 12 Other Medical Exp 13 CP/CTR Personnel Exp 14 Other CP/CTR Exp 15 Admin Personnel Exp 16 Other Admin Exp 17 Indirect Admin Exp 18 Facil Maint Personnel Exp 19 Other Facil Maint Exp 20 Security Personnel Exp 21 Other Security Exp 22 Communications 23 Utilities and Fuel 24 Facility Lease Cost 25 Insurance 26 Motor Vehicle Operating Expense 27 Travel and Training 28 Contractor's Technical Performance Incentive Fee 29 Contractor's Cost Incentive Fee 30 Net Center Operations Expense ATTACHMENT J-3(Page 3 of 3) Financial Display by Year (ETA 2110 OA/CTS format) 1st YEAR 2nd YEAR TOTAL BASE 1st OPTION 2nd OPTION 3rd OPTION TOTAL CONTRACTOUTREACH/ADMISSIONS 01 OA Personnel Expense 02 Staff Travel/Training Expense 03 Facilities Expense 04 Media Advertising Expense 05 Indirect Administrative Expense 06 Contractor's Technical Performance Incentive Fee 07 Contractor's Cost Incentive Fee 08 Other OA Operating Expense 09 Total OA Operating Expense (Lines 01-08) 10 OA Equipment Expense 11 TOTAL O/A EXPENSE (Lines 09 tu 10) CAREER TRANSITION SERVICES 01 CTS Personnel Expense 02 Staff Travel/Training Expense 03 Facilities Expense 04 Media Advertising Expense 05 Indirect Administrative Expense 06 Contractor's Technical Performance Incentive Fee 07 Contractor's Cost Incentive Fee 08 Other CTS Operating Expense 09 Total CTS Operating Expense (Lines 01-08) 10 CTS Equipment Expense 11 TOTAL CTS EXPENSE (Lines 09 tu 10) TOTAL OA/CTS EXPENSE ATTACHMENT J-4 (page 1 of 13) STAFFING CHART Instructions for Completing the Staffing Chart: To ensure that all cost and staffing proposals are evaluated fairly, it is imperative that proposals be presented as clearly and as consistently as possible. In addition to the presentation of staff resources by cost groups under the ETA 2110 format, it is necessary to display, for the purpose of evaluation, the number of staff by functional groups in accordance with the outline of the Statement of Work, Part I, Section C. The following Staffing Chart shall be completed. The number of staff in each function shall be shown on this chart. The costs of each staff position shall be shown in the narrative justification for each ETA 2110 line of your cost proposal. Each contractor has its own manner of organizing its staff; however, for the purposes of this proposal, follow the outline of this Staffing Chart. Also, to assure cost proposal consistency, please allocate each staff member cost in your cost proposal in accordance with the ETA 2110 Line Number and Cost Code, as detailed in PRH Chapter 5, for each separate position. Different contractors have different position titles for similar functions. However, for purposes of evaluation, offerors may not change position titles in column 1. Where offeror's position titles differ, actual titles should be entered in the "Remarks" column. The Staffing Chart describes functions. In the event that a position is so unique that it does not fit any title on the chart, place the position in the appropriate place on the chart and indicate by Line Number and/or Cost Code where it can be found in your cost proposal. Definitions. •1. Standard Position Title•2. The number of staff at each position title. If none are proposed, leave the line blank. If one person performs more than one function or one person performs the same function in two or more different functional areas, show the allocation of that person's time as a decimal (e.g., .5) allocation to the proper line.•3. If a position is subcontracted, show the number in the appropriate column.•4. Remarks. The center title, if different from the title shown in the left-hand column, and any comments you wish to make. ATTACHMENT J-4 (page 2 of 13) Staffing Chart Full-Time Equivalent Line 01 Academic PersonnelPrime ContractorSubcontractorRemarks Career Training Services Director Academic Manager Academic Supervisor Instructors: Please list by Academic Program Reading Instructor Math Instructor Applied Academics Instructor HSE Instructor High School Diploma Instructor English as a Second Language Instructor Driver's Education Instructor Communications Instructor Wellness/Safety Instructor Information Technology Instructor Instructor Substitute Support: Testing Coordinator ACT/OCT Coordinator Administrative Assistant Secretary Clerical Other Academic Positions (Specify) Subtotal Academic Personnel TOTAL Academic Personnel ATTACHMENT J-4 (page 3 of 13) Staffing Chart Full-Time Equivalent Line 03 Career Technical Training (CTT) PersonnelPrime ContractorSubcontractorNational Training Contractor RemarksCareer Training Services Director CTT Manager CTT Supervisor Instructors: Please list by CTT Offering Career Exploration Instructor Instructor Substitute Support: CTST Coordinator WBL Coordinator Testing Coordinator Administrative Assistant Secretary Clerical Other CTT Positions (Specify) Subtotal CTT Personnel TOTAL CTT Personnel ATTACHMENT J-4 (page 4 of 13)Staffing Chart Full-Time Equivalent Line 05 Career Success PersonnelPrime ContractorSubcontractorRemarksCareer Success Director Residential Living Manager Residential Living Supervisor Center Shift Manager Counseling Manager Counseling Supervisor Recreation Manager Recreation Supervisor Student Personnel Officer Residential Advisors Senior Residential Advisor Day RA Duty Officer Substitute Residential Advisor Counselor Senior Counselor ACT/OCT Counselor Senior Recreation Specialist Recreation Specialist Recreation Coordinator Recreation Aide Arts & Crafts Instructor Leadership Coordinator Diversity Coordinator Student Government Advisor Women's Program Coordinator Student Safety Advisor/Coordinator Evening Studies Coordinator Assistant Student Personnel Officer Student Personnel Officer Clerk Support: Student Store Specialist Librarian Administrative Assistant Secretary Clerk Line 05 Career Success Personnel(cont'd)Prime ContractorSubcontractorRemarksOther Career Success Positions (Specify) Subtotal Career Success Personnel TOTAL Career Success Personnel ATTACHMENT J-4 (page 6 of 13)Staffing Chart Full-Time Equivalent Line 09 Support Service PersonnelPrime ContractorSubcontractorRemarksDining Hall Manager Food Service Supervisor Assistant Food Service Manager Transportation Manager Transportation Supervisor Vehicle Fleet Manager Child Care Manager Child Care Supervisor Laundry Manager Senior/Lead Cook Cook Cook Helper/Assistant Culinary Worker Transportation Coordinator Driver Substitute Driver Child care Teacher Child Care Specialist Child Care Aide Laundry Operator Incidental OA/CTS staff Support: Student Intern/WBL Administrative Assistant Secretary Clerical Other Support Positions (Specify) Subtotal Support Service Personnel TOTAL Support Service Personnel ATTACHMENT J-4 (page 7 of 13)Staffing Chart Full-Time Equivalent Line 11 Medical/Dental PersonnelPrime ContractorSubcontractorRemarksMedical Services Director Health Services Manager Health Services Administrator Wellness Supervisor Physician Optometrist Mental Health Consultant Psychiatrist/Psychologist TEAP Specialist TEAP Coordinator TEAP Assistant Dentist Dental Hygienist Dental Technician Dental Assistant Pharmacist Registered Nurse (RN) Vocational/Practical Nurse (LVN/LPN) Physician's Assistant/Nurse Practitioner (PA/NP) Medical Assistant Physician Assistant Lab Technician X-Ray Technician Reproductive Health Specialist Support: Administrative Assistant Secretary Clerical Other Medical/Dental Positions (Specify) Subtotal Medical/Dental Personnel TOTAL Medical/Dental Personnel ATTACHMENT J-4 (page 8 of 13) Staffing Chart Full-Time Equivalent Line 13 Career Prep/Career Transition Readiness PersonnelPrime ContractorSubcontractorRemarksCP/CTR Manager Career Preparation Manager Career Preparation Supervisor Career Transition Readiness Manager Career Transition Readiness Supervisor Career Preparation Specialist Career Preparation Instructor Career Preparation Coordinator Career Preparation Advisor Career Transition Readiness Specialist Career Transition Readiness Instructor Career Transition Readiness Coordinator Employability Specialist Substitute Instructor Support: Administrative Assistant Secretary Clerical Other CP/CTR Positions (Specify) Subtotal CP/CTR Personnel TOTAL CP/CTR Personnel ATTACHMENT J-4 (page 9 of 13) Staffing Chart Full-Time Equivalent Line 15 Administrative PersonnelPrime ContractorSubcontractorRemarksCenter Director Deputy Center Director Training/Program Director Administration Director Administration Manager Finance Manager Finance Supervisor Senior Accountant Accountant Accounting Clerk Bookkeeper Procurement Manager Procurement Specialist Procurement Clerk Purchasing Agent/Buyer Human Resources (HR) Manager HR Specialist Personnel Specialist Personnel Assistant EEO Coordinator Staff Training Coordinator Business & Community Liaison Student Records Manager Student Records Supervisor Scheduling Clerk Student Records Specialist Student Records Clerk Data Integrity/Quality Assurance Supervisor Data Integrity Specialist Data Integrity Clerk Student Accountability Officer/Duty Officer Property/Supply Manager Property/Supply Officer Property/Supply Specialist Property/Supply Clerk Line 15 Administrative Personnel (cont'd)Prime ContractorSubcontractorRemarks Warehouse Worker Payroll/Clothing Clerk IT Systems Administrator Information Technology Specialist IT Assistant Postmaster Mail Clerk Receptionist PBX Operator Student Intern/WBL Support: Executive Assistant (CD) Administrative Assistant Secretary Clerical Other Administrative Positions (Specify) Subtotal Administrative Personnel TOTAL Administrative Personnel ATTACHMENT J-4 (page 11 of 13) Staffing Chart Full-time Equivalent Line 18 Facilities MaintenancePrime ContractorSubcontractorRemarksMaintenance Manager Maintenance Supervisor Maintenance Engineer Maintenance Technician Maintenance Mechanic Maintenance Worker Maintenance Helper Maintenance Custodian Senior Custodian Utility Worker Groundskeeper Janitor Student Intern/WBL Support: Administrative Assistant Secretary Clerical Other Facility Maintenance Positions (Specify) Subtotal Facilities Maintenance Personnel TOTAL Facilities Maintenance Personnel ATTACHMENT J-4 (page 12 of 13) Staffing Chart Full-time Equivalent Line 20 Security PersonnelPrime ContractorSubcontractorRemarksSecurity Manager Security Supervisor Safety/Security Manager Safety/Security Supervisor Senior/Lead Security Officer Security Officer Security Guard Front Gate Officer Substitute Security Officer Safety Officer Fire Chief Student Intern/WBL Support: Administrative Assistant Secretary Clerical Other Security Positions (Specify) Subtotal Security Personnel TOTAL Security Personnel TOTAL FULL-TIME EQUIVALENT STAFF Total Contractor Staff Total Subcontracted Staff Total National Training Contractor Staff TOTAL FTE ATTACHMENT J-4 (page 13 of 13) OUTREACH, ADMISSIONS, and CAREER TRANSITION SERVICES Full-Time Equivalent Prime ContractorSubcontractorRemarksOA/CTS Director Outreach & Admissions Manager Outreach & Admissions Supervisor Career Transition Services Manager Career Transition Services Supervisor OA Coordinator Admissions Counselor Quality Assurance Specialist Career Transition Services Specialist Job Developer Transition Counselor WBL Specialist/Coordinator Student Intern/WBL Support: Administrative Assistant Secretary Clerk Other OA/CTS Positions (Specify) Subtotal OA & CTS Personnel TOTAL OA & CTS Personnel Attachment J-5 CAREER TECHNICAL SKILLS TRAINING (CTST) The following Career Technical Training programs qualify for CTST funding. Career Technical Training Program*Training SlotsPainting, Pre-Apprentice* 20Facilities Maintenance* 24 Total44 *Training provided by National Training Contractors ATTACHMENT J-6SUBCONTRACTING PLAN SUMMARY SHEET Contract Name: RFP/Contract No.: Contractor: Name of Subcontract Administrator: Total Dollar Value of Contract (5 Years): Contract Period Covered By Plan: 1st Year2nd Year3rd Year4th Year5th YearTotal $%$%$%$%$%$%A. Total Contract Value B. Total dollars to be subcontracted: (% of line A) •C. Subcontracted to: (% of line B) (1) Small Business (2) Small Disadvantaged Business (3) Women-Owned Small Business (4) HUB Zone Small Business (5) Veteran-Owned Small Business (Including Service-Disabled) (6) Service Disabled Veteran-Owned Small Business Item A: Enter the total proposed value of the contract for each year.Item B: Enter the total amount to be subcontracted for each contract year. Calculate the percentage of line A.Item C: For categories (1) tu (6), enter the dollar amounts to be subcontracted to each category of small business. Small business categories are not mutually exclusive; subcontract dollars may be attributed to as many categories as are applicable. For example, the dollars subcontracted to a self-certified woman-owned and service-disabled veteran -owned small business that is also certified by SBA (on SAM) as a small disadvantaged and HUBZone business should be counted in each of the six categories. Calculate the percentage of line B. ATTACHMENT J-7 (page 1 of 5)Past Performance QuestionnaireTo Whom it May Concern: The _______________ Company is currently responding to the U. S. Department of Labor RFP # DOL-ETA-14-R-0026 for the procurement of the continued operation of the Hubert Humpey Job Corps Center. The U. S. Department of Labor is placing increased emphasis in their procurements on past performance as a source selection factor. They are requiring that clients of entities responding to their solicitations be identified and their participation in the evaluation process be requested. Therefore, we are requesting that you provide the following information regarding our performance on the contract identified below. Please complete Sections B-F of this Questionnaire and return it directly to the address shown below no later than Noon on December 3, 2014.ATTN: Tanyka LawrenceOffice of Contracts Management (OCM)U.S. DOL - ETAE-mail: Lawrence.tanyka@dol.gov By my signature below, I authorize you to respond to any additional inquiries by the U. S. Department of Labor regarding our performance on the referenced contract. (Signature) (Date) (Title) •A. Past Performance A. Contract Identifying Information:Offeror:Project Title & Contract Number:Contracting Officer: Phone No. Project Manager:Phone No. Address: FAX No.Work Performance Period: _____________________ to ______________________ Contract Value: $Brief Summary of Statement of Work: ATTACHMENT J-7 (page 2 of 5)B. Outcomes vs. Goals:1. Were there measurable performance goals or outcomes associated with this contract? If yes, describe:  Yes NoFor the following questions, where applicable, check the adjectival rating which most closely represents your assessment of the contractor's performance: Exceptional, Very Good, Satisfactory, Marginal, Unsatisfactory2. How effective was the contractor in achieving those outcomes? (Explain any rating below Satisfactory) Exceptional  Very GoodSatisfactory MarginalUnsatisfactory •C. Cost Control: How well has the contractor: 1. Performed all contracted services within the budget? Exceptional  Very GoodSatisfactory MarginalUnsatisfactory 2. Submitted complete and accurate financial reports and invoices? Exceptional  Very GoodSatisfactory MarginalUnsatisfactory 3. Has a draft or final audit report disclosed questioned or disallowed costs? If yes, indicate: period covered by auditdisallowed or recommended for disallowancedisallowed costs as a % of audited funds Yes NoComments: (Explain any ratings below Satisfactory) Summary Adjectival Rating of Cost Control Exceptional  Very GoodSatisfactory MarginalUnsatisfactoryATTACHMENT J-7 (page 4 of 5)D. Timeliness of Performance: How well has the contractor:1. Completed contract requirements and submitted reports and schedules according to specified time frames? Exceptional Marginal Very Good UnsatisfactorySatisfactory2. Responded to technical direction and requests in a timely manner? Exceptional Marginal Very Good UnsatisfactorySatisfactoryComments: (Explain any ratings below Satisfactory) Summary Adjectival Rating of Timeliness of Performance Exceptional Marginal Very Good UnsatisfactorySatisfactoryE. Business Relations: To what extent has the contractor:1. Been pro-active in contract monitoring and review? Exceptional Marginal Very Good UnsatisfactorySatisfactory2. Demonstrated a responsive and cooperative working relationship with the Contracting Officer and Project staff?  Exceptional Marginal Very Good Unsatisfactory Satisfactory3. Promptly notified the Contracting Officer of potential problems? Exceptional Marginal Very Good Unsatisfactory Satisfactory4. Used effective approaches and provided technical expertise and resources to solve contract problems? Exceptional Marginal Very Good Unsatisfactory SatisfactoryComments: (Explain any ratings below Satisfactory) Summary Adjectival Rating of Business Relations  Exceptional Marginal Very Good  Unsatisfactory SatisfactoryATTACHMENT J-7 (page 5 of 5)F. Customer Satisfaction: To what extent has the contractor:•1. Been effective in tailoring the program to meet the needs of the customers?  Exceptional  Very GoodSatisfactory MarginalUnsatisfactory•2. Shown flexibility in operating the program to meet changing program needs and emphases?  Exceptional  Very GoodSatisfactory MarginalUnsatisfactoryComments: (Explain any ratings below Satisfactory) Summary Adjectival Rating of Customer Satisfaction Exceptional  Very GoodSatisfactory MarginalUnsatisfactoryAdditional Comments: Name & Title of Individual Completing Information: Phone No. (For Department of Labor Use Only) SUMMARY PAST EXPERIENCE CONFIRMATIONB. Outcomes vs. Goals C. Cost Control D. Timeliness of Performance E. Business Relations F. Customer Satisfaction Verified by:___________________________________________Date:____________________Attachment J-8 Standard Form 1413 - Statement and Acknowledgement PART IV REPRESENTATIONS AND INSTRUCTIONS K. Representations, Certifications, and Other Statements of Offerors or QuotersK.1 52.204-8 ANNUAL Representations and Certifications (Jan 2014) (a)(1) The North American Industry Classification System (NAICS) code for this acquisition is __________________ [insert NAICS code]. (2) The small business size standard is _____________ [insert size standard]. (3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees. (b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies. (2) If the provision at 52.204-7 is not included in this solicitation, and the offeror is currently registered in the System for Award Management (SAM), and has completed the Representations and Certifications section of SAM electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes: [ ] (i) Paragraph (d) applies. [ ] (ii) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation. (c)(1) The following representations or certifications in SAM are applicable to this solicitation as indicated: (i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless- (A) The acquisition is to be made under the simplified acquisition procedures in Part 13; (B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or (C) The solicitation is for utility services for which rates are set by law or regulation. (ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000. (iii) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management. (iv) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that- (A) Are not set aside for small business concerns; (B) Exceed the simplified acquisition teshold; and (C) Are for contracts that will be performed in the United States or its outlying areas. (v) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations-Representation. This provision applies to solicitations using funds appropriated in fiscal years 2008, 2009, 2010, or 2012. (vi) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition teshold. (vii) 52.214-14, Place of Performance-Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government. (viii) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government. (ix) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas. (A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard. (B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard. (x) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas. (xi) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity. (xii) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity. (xiii) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition teshold and the contract is not for acquisition of commercial items. (xiv) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts. (xv) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA-designated items. (xvi) 52.225-2, Buy American Act Certificate. This provision applies to solicitations containing the clause at 52.225-1. (xvii) 52.225-4, Buy American Act-Free Trade Agreements-Israeli Trade Act Certificate. (Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225-3. (A) If the acquisition value is less than $25,000, the basic provision applies. (B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies. (C) If the acquisition value is $50,000 or more but is less than $79,507, the provision with its Alternate II applies. (D) If the acquisition value is $79,507 or more but is less than $100,000, the provision with its Alternate III applies. (xviii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5. (xix) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan-Certification. This provision applies to all solicitations. (xx) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-Representation and Certifications. This provision applies to all solicitations. (xxi) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to- (A) Solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions; and (B) For DoD, NASA, and Coast Guard acquisitions, solicitations that contain the clause at 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns. (2) The following certifications are applicable as indicated by the Contracting Officer: [Contracting Officer check as appropriate.] __ (i) 52.219-22, Small Disadvantaged Business Status. __ (A) Basic. __ (B) Alternate I. __ (ii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products. __ (iii) 52.222-48, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment Certification. __ (iv) 52.222-52, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Certification. __ (v) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA-Designated Products (Alternate I only). __ (vi) 52.227-6, Royalty Information. __ (A) Basic. __(B) Alternate I. __ (vii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software. (d) The offeror has completed the annual representations and certifications electronically via the SAM website accessed tough https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within 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 the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. 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.FAR Clause # Title Date Change ____________ _________ _____ _______ 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 SAM. K.2 52.230-1 COST Accounting Standards Notices and Certification (May 2012) Note: This notice does not apply to small businesses or foreign governments. This notice is in tee parts, identified by Roman numerals I tough III. Offerors shall examine each part and provide the requested information in order to determine Cost Accounting Standards (CAS) requirements applicable to any resultant contract. If the offeror is an educational institution, Part II does not apply unless the contemplated contract will be subject to full or modified CAS coverage pursuant to 48 CFR 9903.201-2(c)(5) or 9903.201-2(c)(6), respectively. I. Disclosure Statement-Cost Accounting Practices and Certification (a) Any contract in excess of $700,000 resulting from this solicitation will be subject to the requirements of the Cost Accounting Standards Board (48 CFR Chapter 99), except for those contracts which are exempt as specified in 48 CFR 9903.201-1. (b) Any offeror submitting a proposal which, if accepted, will result in a contract subject to the requirements of 48 CFR Chapter 99 must, as a condition of contracting, submit a Disclosure Statement as required by 48 CFR 9903.202. When required, the Disclosure Statement must be submitted as a part of the offeror's proposal under this solicitation unless the offeror has already submitted a Disclosure Statement disclosing the practices used in connection with the pricing of this proposal. If an applicable Disclosure Statement has already been submitted, the offeror may satisfy the requirement for submission by providing the information requested in paragraph (c) of Part I of this provision. Caution: In the absence of specific regulations or agreement, a practice disclosed in a Disclosure Statement shall not, by virtue of such disclosure, be deemed to be a proper, approved, or agreed-to practice for pricing proposals or accumulating and reporting contract performance cost data. (c) Check the appropriate box below: [ ] (1) Certificate of Concurrent Submission of Disclosure Statement. The offeror hereby certifies that, as a part of the offer, copies of the Disclosure Statement have been submitted as follows: (i) Original and one copy to the cognizant Administrative Contracting Officer (ACO) or cognizant Federal agency official authorized to act in that capacity (Federal official), as applicable; and (ii) One copy to the Cognizant Federal auditor. (Disclosure must be on Form No. CASB DS-1 or CASB DS-2, as applicable. Forms may be obtained from the Cognizant ACO or Federal official and/or from the loose-leaf version of the Federal Acquisition Regulation.) Date of Disclosure Statement: _________________________Name and Address of Cognizant ACO or Federal Official Where Filed: _______________________________________ The offeror further certifies that the practices used in estimating costs in pricing this proposal are consistent with the cost accounting practices disclosed in the Disclosure Statement. [ ] (2) Certificate of Previously Submitted Disclosure Statement. The offeror hereby certifies that the required Disclosure Statement was filed as follows: Date of Disclosure Statement: _________________________Name and Address of Cognizant ACO or Federal Official Where Filed: _______________________________________ The offeror further certifies that the practices used in estimating costs in pricing this proposal are consistent with the cost accounting practices disclosed in the applicable Disclosure Statement. [ ] (3) Certificate of Monetary Exemption. The offeror hereby certifies that the offeror, together with all divisions, subsidiaries, and affiliates under common control, did not receive net awards of negotiated prime contracts and subcontracts subject to CAS totaling $50 million or more in the cost accounting period immediately preceding the period in which this proposal was submitted. The offeror further certifies that if such status changes before an award resulting from this proposal, the offeror will advise the Contracting Officer immediately. [ ] (4) Certificate of Interim Exemption. The offeror hereby certifies that (i) the offeror first exceeded the monetary exemption for disclosure, as defined in (3) of this subsection, in the cost accounting period immediately preceding the period in which this offer was submitted and (ii) in accordance with 48 CFR 9903.202-1, the offeror is not yet required to submit a Disclosure Statement. The offeror further certifies that if an award resulting from this proposal has not been made within 90 days after the end of that period, the offeror will immediately submit a revised certificate to the Contracting Officer, in the form specified under paragraph (c)(1) or (c)(2) of Part I of this provision, as appropriate, to verify submission of a completed Disclosure Statement. Caution: Offerors currently required to disclose because they were awarded a CAS-covered prime contract or subcontract of $50 million or more in the current cost accounting period may not claim this exemption (4). Further, the exemption applies only in connection with proposals submitted before expiration of the 90-day period following the cost accounting period in which the monetary exemption was exceeded. II. Cost Accounting Standards-Eligibility for Modified Contract Coverage If the offeror is eligible to use the modified provisions of 48 CFR 9903.201-2(b) and elects to do so, the offeror shall indicate by checking the box below. Checking the box below shall mean that the resultant contract is subject to the Disclosure and Consistency of Cost Accounting Practices clause in lieu of the Cost Accounting Standards clause. o The offeror hereby claims an exemption from the Cost Accounting Standards clause under the provisions of 48 CFR 9903.201-2(b) and certifies that the offeror is eligible for use of the Disclosure and Consistency of Cost Accounting Practices clause because during the cost accounting period immediately preceding the period in which this proposal was submitted, the offeror received less than $50 million in awards of CAS-covered prime contracts and subcontracts. The offeror further certifies that if such status changes before an award resulting from this proposal, the offeror will advise the Contracting Officer immediately. Caution: An offeror may not claim the above eligibility for modified contract coverage if this proposal is expected to result in the award of a CAS-covered contract of $50 million or more or if, during its current cost accounting period, the offeror has been awarded a single CAS-covered prime contract or subcontract of $50 million or more. III. Additional Cost Accounting Standards Applicable to Existing Contracts The offeror shall indicate below whether award of the contemplated contract would, in accordance with paragraph (a)(3) of the Cost Accounting Standards clause, require a change in established cost accounting practices affecting existing contracts and subcontracts.□ Yes □ No K.3 52.230-7 PROPOSAL DISCLOSURE - COST ACCOUNTING PRACTICE CHANGES (Apr-05) The offeror shall check "yes" below if the contract award will result in a required or unilateral change in cost accounting practice, including unilateral changes requested to be desirable changes.□ Yes □ No If the offeror checked "Yes" above, the offeror shall- (1) Prepare the price proposal in response to the solicitation using the changed practice for the period of performance for which the practice will be used; and (2) Submit a description of the changed cost accounting practice to the Contracting Officer and the Cognizant Federal Agency Official as pricing support for the proposal. K.4 52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (Apr 2010)) (a)(1) The Offeror certifies, to the best of its knowledge and belief, that- (i) The Offeror and/or any of its Principals- (A) Are  are not  presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency; (B) Have  have not , within a tee-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks "have", the offeror shall also see 52.209-7, if included in this solicitation); (C) Are  are not  presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision; (D) Have , have not , within a tee-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied. (1) Federal taxes are considered delinquent if both of the following criteria apply: (i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted. (ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded. (2) Examples. (i) The taxpayer has received a statutory notice of deficiency, under I.R.C. § 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights. (ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. § 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights. (iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. § 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment. (iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code). (ii) The Offeror has  has not , within a tee-year period preceding this offer, had one or more contracts terminated for default by any Federal agency. (2) "Principal," for the purposes of this certification, means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions). This Certification Concerns a Matter Within the Jurisdiction of an Agency of the United States and the Making of a False, Fictitious, or Fraudulent Certification May Render the Maker Subject to Prosecution Under Section 1001, Title 18, United States Code. (b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. (c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror non-responsible. (d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. (e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default. SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS OR RESPONDENTS L.1 CONTRACT TYPE 52.216-1 TYPE OF CONTRACT (APR 1984) The Government contemplates the award of a cost-reimbursement, plus incentive fee type contract resulting from this solicitation. L.2 SOLICITATION PROVISIONS 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with the quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provisions by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at the following addresses: https://www.acquisition.gov/far Federal Acquisition Regulation (48 CFR Chapter 1)Solicitation Provisions PROVISION DATE TITLE52.215-1(Jan-04)Instructions to Offerors - Competitive Acquisition52.215-16(Jun-03)Facilities Capital Cost of Money52.215-22(Oct-09)Limitations on Pass-Tough Charges - Identification of Subcontract Effort52.215-23(Oct-09)Limitations on Pass-Tough Charges52.222-24(Feb-99)Pre-award On-site Equal Opportunity Compliance Evaluation52.222-46(Feb-93)Evaluation of Compensation for Professional Employees52.237-1(Apr-84)Site Visit52.237-10(Oct-97)Identification of Uncompensated Overtime L.3 PROTESTS 52.233-2 SERVICE OF PROTEST (Sep-06) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from: Jillian Matz, Contracting Officer, Email: matz.jillian@dol.govU.S. Department of LaborEmployment & Training Administration, Office of Contracts ManagementDivision of Job Corps Procurement____________________________________________________________________________________ The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO. L.4 COST OR PRICING DATA In accordance with FAR Part 15.403-1, the Government anticipates that this solicitation will result in adequate price competition and therefore will not require offerors to submit Certified Cost or Pricing Data. The offeror shall submit information other than cost and pricing data and supporting attachments prepared in the format outlined in Section J of this solicitation. L.5 SOLICITATION ALTERATIONS 52.252-3 ALTERATIONS IN SOLICITATION (Apr-84) As prescribed in 52.107(c), insert the following provision in solicitations in order to revise or supplement, as necessary, other parts of the solicitation that apply to the solicitation phase only, except for any provision authorized for use with a deviation. Include clear identification of what is being altered. Alterations in Solicitation (Apr 1984) Portions of this solicitation are altered as follows: _______________________________________________________________________________________________________________________________________ L.6 INSTRUCTIONS FOR PROPOSAL SUBMISSION •A. Standard Form 33 - Block 9 - Solicitation Hand-delivered proposals must be delivered to the depository outlined in Block 9 prior to the time set forth in Block 9. Proposals delivered by commercial carrier will be treated as hand-delivered proposals. •B. Disposition of Proposals Two copies of the successful proposal and related supporting materials received will be retained, one as part of the official procurement file and the second for the Job Corps Program Office. One copy of each proposal for each unsuccessful offer and related supporting materials received shall be retained as part of the official procurement file. After award, other copies of proposals and related materials shall be destroyed unless the Offeror's proposal (please include in transmittal letter) specifically outlines the disposition action to be taken. •C. Pre-Proposal Conference The Pre-Proposal Conference shall be held on October 14, 2014 at 11 a.m. local time, at the Hubert H. Humpey Job Corps Center, located at 1480 N. Snelling Avenue, St. Paul, MN 55108. Potential offerors are encouraged to submit questions in writing to the issuing office prior to the Pre-Proposal Conference to facilitate responses at the conference. During the conference, the Government will accept questions from contractors, but will provide answers to all questions in an amendment to the solicitation. Answers will not be provided at the conference. •D. Site Visit Offerors are urged and encouraged to inspect the site where services are to be performed and to satisfy themselves as to all general and local conditions that may affect the cost of performance of the contract, to the extent such information is reasonably obtainable. In no event will a failure to inspect the site constitute grounds for a claim after award of the contract. All offerors are hereby advised that the center will be open for inspection and walk-tough only on October 14, 2014 following the pre-proposal conference, at the same location in paragraph C above. •E. Exchanges and Communication Restrictions Exchanges and communication with any Government personnel concerning this RFP other than the cognizant negotiator (Contracting Officer) named in Block 10 on SF 33, Face Page, may be considered as a basis for disqualification (except during the pre-proposal conference, if applicable). •F. Signature Requirements; Proposal Preparation Costs The SF 33 Face Page of this solicitation and all other documents requiring signature must be signed by an official authorized to bind the offeror. This solicitation does not commit the Government to pay any costs incurred in the submission of proposals or for studies or designs for the preparation thereof, nor to contract for the article or services. The Contracting Officer is the only individual who can legally commit the Government to the expenditure of funds in connection with this procurement. •G. Reference Material The Policy and Requirements Handbook can be downloaded from the Job Corps web site at http://www.jobcorps.gov/Libraries/pdf/prh.sflb. Copies of the Job Corps regulations are available at 20 CFR 670. •H. Proposal Format Proposals submitted in response to this RFP shall include a transmittal letter and the sections listed below. The transmittal letter shall identify the solicitation number, the name of the firm submitting the proposal, the proposal sections and any other materials that are attached. For firms without a record of relevant performance, no submission is required for Past Performance. However, in the transmittal letter, the offeror shall attest to the fact that neither the firm nor its principals possess a record of performance relevant to the requirements of the RFP and that no proposal section on Past Performance is included within the proposal submission. All proposals shall be clearly labeled on the outside of the box or envelope as responding to the solicitation number. The offeror should annotate on the upper right hand corner of the outside of each section with the corporate name, section title, and "copy # of #." For example, the first copy of a corporation's technical approach would be labeled: "corporation - Technical Approach, Copy 1 of 4," in the upper right hand corner of the outside cover of that bound section. Proposal SectionFormatPage LimitationNumber of CopiesPast PerformanceWritten 10 Pages of narrative andpast performance questionnaires (if applicable). Please note that past performance questionnaires and the list of current/recent contracts are not part of the 10 page limitation. Four hard copies and one CDTechnical ApproachWritten Center Only - 75 Pages Center with OA - 85 Pages Center with CTS - 90 Pages Center with OA and CTS - 100 Pages Four hard copies and one CDStaff ResourcesWritten20 PagesFour hard copies and one CD Business Management Proposal WrittenNo limitationFour hard copies and one CDWritten sections of the proposal shall be formatted as follows: a.Page Size: 8 ½ x 11" with at least 1" margins on all sides. However, the organizational chart may exceed the 8½ to 11". If the chart exceeds 8 ½ x 11, then the Government will consider it as one page. b.Font Size: 12 point or larger. Graphs and charts may be smaller than 12 point, however, the text or information on the chart or graph must be legible. c.Page Numbering: Pages consecutively numbered within each section d.Page Count: Title pages, tables of contents, and section dividers not included in count; appendices, graphs and charts are included in the page count, unless otherwise specified. e.Format: Two-column format is allowable Offerors are cautioned that they must not exceed the page limitations cited above. Any pages that exceed the page limitations cited above will not be read or considered in the evaluation. Please note, that the page limitation for the staff resources section excludes the staffing chart provided in accordance with Section J of this RFP, resumes, staff schedules and position descriptions. The Technical Approach, Staff Resources and Past Performance Narrative sections shall be bound together and the Business Management Proposal section shall be separately bound. All proposal sections shall be submitted in accordance with the specifications listed above. Offerors may refer to another section of their proposal, provided that the section that is being referenced is included in the same bound of the proposal. For example, an offeror can refer to an item in its technical approach section in its staff resources section. However, offerors shall not refer to items included in the Business Management Proposal. When referring to another section of a proposal, offerors shall cite the section, page number and paragraph number. All parts of the proposal shall be submitted both in hard copy as described above and on electronic media (compact disc (CD), in PDF format). When submitting attachments J.1 and J.3 on CD, offerors shall use EXCEL 2007 or earlier version. Unnecessarily elaborate proposals, brochures or other presentations beyond those sufficient to present a complete and effective response to this solicitation are not desired and may be construed as an indication of the Offeror's lack of cost consciousness. Elaborate art work, letters of commendation, expensive paper and bindings, and expensive visual and other presentations are neither necessary nor wanted. Additionally, copies of Job Corps provided materials, job descriptions for each position, copies of newsletters or magazines, copies of certificates or awards, are not needed. The Office of Job Corps takes seriously the intent of the Procurement Integrity Act and Ethics statutes. Any proposal found to be copied from a potential competitor is subject to disqualification. •I. Proposal Section Content •1. Past Performance Past Performance will be evaluated based on the Offeror's relevant past performance. Relevant past performance is defined as, within the tee (3) years preceding the submission of this proposal, the offeror performed a contract sufficiently similar in size, scope, and complexity. Size, scope and complexity are defined as follows: Size - dollar value and contract duration; scope - type of work; and complexity - performance challenges and risk. The evaluation will 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 this procurement. The evaluation will include the past performance of offerors in complying with subcontracting plan goals for small disadvantaged business (SDB) concerns, monetary targets for SDB participation and notifications submitted under FAR part 19.1202-4(b). In addition, the Government may also consider information as described below to provide an indication of expected performance, including relevant information related to teaming partners and joint ventures. When the offeror is a joint venture or contractor team at the prime level, the past performance of the team, if any, will be considered. If the team has no relevant past performance, but one or more team members do, the Contracting Officer will make a determination, at his/her discretion, based on the availability of past performance information for a team member, and the nature and extent of that team member's proposed contribution to the work of the contract, as to whether or how to evaluate past performance for the team. •a. Firms Without Relevant Past Performance: An offeror without a record of relevant past performance or for whom information on past performance is not available may not be evaluated favorably or unfavorably on past performance. Each offeror that believes it is without relevant past performance will, in the proposal transmittal letter, attest to the fact that neither the firm, nor its principals, predecessor companies, key personnel or major subcontractors possess a record of past performance relevant to the requirements of the RFP and that no proposal section on Past Performance is included in the proposal submission. •b. All Other Firms: All other firms shall submit the following information for the prime and any subcontractors that will perform major or critical aspects of the requirement. If a firm and its major subcontractor does not have relevant past performance information but its predecessor company(s) and/or key personnel do, then such information shall be submitted for the predecessor company(s) and/or key personnel: •1) Current/Recent Contracts: Offerors must provide a list of contracts and programs that they currently operate or have operated within the past tee years. The list must include the following information:•· Contract number•· Contracting agency/entity•· Agency contact information•· Period of performance•· Contract value•· Description of service provided •2) Narrative: Offerors may submit up to 10 pages of information for consideration, which describes problems encountered and corrective actions taken on contracts within the past tee (3) years. •3) Past Performance Questionnaires: Offerors must complete Section A of Attachment J-7, Past Performance Confirmation Questionnaire, for each past performance reference identified above, which is not readily available in the Past Performance Information Retrieval System (PPIRS). The offeror must forward this questionnaire to the Government agency or company listed as a reference and request that the Past Performance evaluation be completed for Sections B-F of Attachment J-7. Each agency/company evaluator must return the questionnaire directly to: ATTN: Tanyka L. LawrenceOffice of Contracts Management (OCM)U.S. DOL - ETAE-mail: Lawrence.tanyka@dol.gov •2. Technical Approach Please be advised that the Technical Approach and Staff Resources sections of the offeror's proposal shall be written so that strategies and methods are in compliance with the PRH. Therefore, the applicable PRH sections are provided below. The offeror's Technical Approach section consists solely of the offeror's responses to the questions listed below. The offeror's strategies and methods in response to questions listed below will be evaluated in accordance with the following: •(i) The extent to which the offeror's proposal demonstrates a strong understanding of the work to be accomplished and the extent to which the offeror's strategies and methods are in compliance with the PRH. •(ii) The degree to which the offeror's strategies and methods are tailored to operate in the context of the State's eligible population, the local and regional labor market, and any other data provided by the Contracting Officer. •(iii) The degree to which the offeror's proposal offers feasible strategies and methods to ensure the achievement of Job Corps' specified outcomes and quality indicators?List of possible questions that may be asked: •a. Outreach: (PRH Chapter 1)Promoting Center ImageWhat methods will be used to promote a positive public image for the program? Describe plans to create a positive image for the Job Corps Center in the surrounding community. What methods will be utilized to promote the Hubert H. Humpey Job Corps center toughout the State of Minnesota? PartnershipsIdentify the local and distant partnerships you plan to establish. How will these partnerships be utilized to benefit the center and the students?Identify systems and procedures that will be implemented to ensure the achievement of arrival goals, for both residential and non-residential students. (designed for centers with OA component)Identify the local and distant partnerships you plan to establish. How will these partnerships be utilized to benefit the center and the students?How will the center staff work with Outreach & Admissions contractors to ensure that applicants are prepared for enrollment in Job Corps? Identify systems and procedures that will be implemented to ensure the achievement of arrival goals, for both residential and non-residential students. (designed for centers with OA component)Capacity UtilizationIdentify systems and procedures that will be implemented to ensure the achievement of arrival goals, for both residential and non-residential students. (designed for centers with OA component)How will resources be organized and deployed to ensure effective coverage of the geographic area covered by the contract and to ensure the achievement of arrival goals? (List the areas where you propose to have OA staff, the number of FTEs in each area and the number of arrivals planned from each area.) How will the center staff work with Outreach & Admissions contractors to ensure that applicants are prepared for enrollment in Job Corps? Cooperation With OA ProvidersHow will the center staff work with Outreach & Admissions contractors to ensure that applicants are prepared for enrollment in Job Corps? How will resources be organized and deployed to ensure effective coverage of the geographic area covered by the contract and to ensure the achievement of arrival goals? (List the areas where you propose to have OA staff, the number of FTEs in each area and the number of arrivals planned from each area.) •b. Admissions (if applicable): (PRH Chapter 1)How will resources be organized and deployed to ensure effective coverage of the geographic area covered by the contract and to ensure the achievement of arrival goals? (List the areas where you propose to have OA staff, the number of FTEs in each area and the number of arrivals planned from each area.)Resource Deployment, Recruitment Techniques, and Arrival GoalsWhat systems will be used to ensure quality control at all major points during the admission process? Describe strategies to ensure that new students acclimate to center life and that their needs are assessed and met to promote retention toughout the Career Preparation Period. What systems will be used to ensure quality control at all major points during the admission process? How will student academic achievements, interests, aptitudes and barriers to program participation be assessed? What systems will be used to ensure quality control at all major points during the admission process? Describe strategies to ensure that new students acclimate to center life and that their needs are assessed and met to promote retention toughout the Career Preparation Period. What systems will be used to ensure quality control at all major points during the admission process?Quality ControlHow will services be organized and scheduled during the Career Preparation Period to meet each student's individual needs and prepare them for successful transition to the Career Development Period? Include a copy of your proposed Career Preparation Period schedule. How will student academic achievements, interests, aptitudes and barriers to program participation be assessed? Describe strategies to ensure that new students acclimate to center life and that their needs are assessed and met to promote retention toughout the Career Preparation Period.•c. Career Preparation Period: (PRH Chapter 2)Acclimation &AssessmentHow will services be organized and scheduled during the Career Preparation Period to meet each student's individual needs and prepare them for successful transition to the Career Development Period? Include a copy of your proposed Career Preparation Period schedule. How will student academic achievements, interests, aptitudes and barriers to program participation be assessed? How will services be organized and scheduled during the Career Preparation Period to meet each student's individual needs and prepare them for successful transition to the Career Development Period? Include a copy of your proposed Career Preparation Period schedule. How will students be prepared for and their readiness be determined to transition into CDP? How will services be organized and scheduled during the Career Preparation Period to meet each student's individual needs and prepare them for successful transition to the Career Development Period? Include a copy of your proposed Career Preparation Period schedule. Organization, Scheduling, Instructional Materials How will students be assisted in the development of career plans and how will student progress toward completion of those plans be evaluated toughout enrollment? How will students be prepared for and their readiness be determined to transition into CDP? How will students be prepared for and their readiness be determined to transition into CDP? How will students be assisted in the development of career plans and how will student progress toward completion of those plans be evaluated toughout enrollment? How will students be prepared for and their readiness be determined to transition into CDP? Transition to CDPHow will delivery of Career Development Services be tailored to meet each student's needs? How will students be assisted in the development of career plans and how will student progress toward completion of those plans be evaluated toughout enrollment? What teaching and learning strategies will academic teachers and career technical training instructors use to meet the needs of students at different learning levels? How will students be assisted in the development of career plans and how will student progress toward completion of those plans be evaluated toughout enrollment?Career Planning & EvaluationWhat curricula or curriculum materials will be used in academic and career technical training to ensure that students are prepared to earn both academic and industry-recognized credentials/certifications? How will the curricula be chosen? How will delivery of Career Development Services be tailored to meet each student's needs? •d. Career Development Period: (PRH Chapter 3)TailoringDescribe strategies for facilitation of regular collaboration between academic teachers and career technical training instructors and how such collaboration will support student training? What curricula or curriculum materials will be used in academic and career technical training to ensure that students are prepared to earn both academic and industry-recognized credentials/certifications? How will the curricula be chosen? What teaching and learning strategies will academic teachers and career technical training instructors use to meet the needs of students at different learning levels? How will delivery of Career Development Services be tailored to meet each student's needs? What curricula or curriculum materials will be used in academic and career technical training to ensure that students are prepared to earn both academic and industry-recognized credentials/certifications? How will the curricula be chosen? What teaching and learning strategies will academic teachers and career technical training instructors use to meet the needs of students at different learning levels?Training DeliveryDescribe strategies to integrate academic and career technical training. How will this integration support literacy and numeracy performance to maximize student achievement? Describe strategies for facilitation of regular collaboration between academic teachers and career technical training instructors and how such collaboration will support student training? What curricula or curriculum materials will be used in academic and career technical training to ensure that students are prepared to earn both academic and industry-recognized credentials/certifications? How will the curricula be chosen? CurriculaDescribe strategies for facilitation of regular collaboration between academic teachers and career technical training instructors and how such collaboration will support student training? What methods will be utilized to ensure graduates obtain both academic and career technical credentials prior to graduation? Describe strategies to integrate academic and career technical training. How will this integration support literacy and numeracy performance to maximize student achievement? Describe strategies for facilitation of regular collaboration between academic teachers and career technical training instructors and how such collaboration will support student training? CollaborationDescribe strategies to integrate academic and career technical training. How will this integration support literacy and numeracy performance to maximize student achievement?Integration, Literacy & Numeracy GainsWhat methods will be utilized to ensure graduates obtain both academic and career technical credentials prior to graduation? Describe strategies to integrate academic and career technical training. How will this integration support literacy and numeracy performance to maximize student achievement?What methods will be utilized to ensure graduates obtain both academic and career technical credentials prior to graduation? Certifications & CredentialsHow will the career technical training offered provide students with skills that are relevant to employment opportunities in today's labor market? What methods will be utilized to ensure graduates obtain both academic and career technical credentials prior to graduation? Describe the employer/educational institution partnerships that will be utilized to support career technical training and ensure that students acquire skills relevant to employment opportunities in today's labor market. •1) Describe goals for the work-based learning program and how staff will be deployed to operate the program. How will the career technical training offered provide students with skills that are relevant to employment opportunities in today's labor market? Career Pathways & CTT OfferingsDescribe the employer/educational institution partnerships that will be utilized to support career technical training and ensure that students acquire skills relevant to employment opportunities in today's labor market. How will the career technical training offered provide students with skills that are relevant to employment opportunities in today's labor market? Describe strategies which support and incorporate evening and weekend study. Provide sample schedules of activities. Describe goals for the work-based learning program and how staff will be deployed to operate the program. Describe the employer/educational institution partnerships that will be utilized to support career technical training and ensure that students acquire skills relevant to employment opportunities in today's labor market. How will the career technical training offered provide students with skills that are relevant to employment opportunities in today's labor market? Describe goals for the work-based learning program and how staff will be deployed to operate the program. Describe the employer/educational institution partnerships that will be utilized to support career technical training and ensure that students acquire skills relevant to employment opportunities in today's labor market. Employer PartnershipsDescribe strategies which support and incorporate evening and weekend study. Provide sample schedules of activities. Describe goals for the work-based learning program and how staff will be deployed to operate the program. WBLDescribe strategies which support and incorporate evening and weekend study. Provide sample schedules of activities. Describe strategies which support and incorporate evening and weekend study. Provide sample schedules of activities. Evening StudiesWhat systems and methods will be utilized to develop student self-management, positive conduct, community and independent living skills? How will a student incentive and conduct system that supports retention and successful program completion be established and maintained? What systems and methods will be utilized to develop student self-management, positive conduct, community and independent living skills? How will a student incentive and conduct system that supports retention and successful program completion be established and maintained? What systems and methods will be utilized to develop student self-management, positive conduct, community and independent living skills? Independent Living SkillsHow will a student incentive and conduct system that supports retention and successful program completion be established and maintained? What systems and methods will be utilized to develop student self-management, positive conduct, community and independent living skills? How will a student incentive and conduct system that supports retention and successful program completion be established and maintained?Student ConductWhat methods will be utilized to encourage graduates to obtain both academic and career technical credentials prior to graduation? What methods will be utilized to encourage graduates to obtain both academic and career technical credentials prior to graduation? Career Transition ReadinessWhat methods will be used to determine student job readiness and what steps will be taken to remedy shortcomings for students to ensure they are adequately prepared to transition to post-center Career Transition Services? What methods will be utilized to encourage graduates to obtain both academic and career technical credentials prior to graduation? How will resources be organized and deployed to ensure effective coverage of the geographic area covered by the contract? What methods will be used to determine student job readiness and what steps will be taken to remedy shortcomings for students to ensure they are adequately prepared to transition to post-center Career Transition Services?What methods will be utilized to encourage graduates to obtain both academic and career technical credentials prior to graduation? Describe strategies that will be utilized during the Career Development Period for ensuring coordination among the center, students and Career Transition Specialists. What methods will be used to determine student job readiness and what steps will be taken to remedy shortcomings for students to ensure they are adequately prepared to transition to post-center Career Transition Services?Describe strategies for ensuring coordination between the CTR departments at all centers and the CTS Specialists assigned to the center(s).How will resources be organized and deployed to ensure effective coverage of the geographic area covered by the contract? What methods will be used to determine student job readiness and what steps will be taken to remedy shortcomings for students to ensure they are adequately prepared to transition to post-center Career Transition Services?Describe strategies that will be utilized during the Career Development Period for ensuring coordination among the center, students and Career Transition Specialists. How will resources be organized and deployed to ensure effective coverage of the geographic area covered by the contract? Describe strategies that will be utilized during the Career Development Period for ensuring coordination among the center, students and Career Transition Specialists. How will resources be organized and deployed to ensure effective coverage of the geographic area covered by the contract? •e. Career Transition Period: (if applicable) (PRH Chapter 4)Describe strategies for ensuring coordination between the CTR departments at all centers and the CTS Specialists assigned to the center(s).Describe strategies that will be utilized during the Career Development Period for ensuring coordination among the center, students and Career Transition Specialists. How will resources be organized and deployed to ensure effective coverage of the geographic area covered by the contract? OrganizationHow will student job readiness be assessed and what services will be provided to remedy shortcomings for graduates? What strategies will be utilized to ensure that graduates are placed in positions which are a Job Training Match? Describe strategies for ensuring coordination between the CTR departments at all centers and the CTS Specialists assigned to the center(s).Describe strategies that will be utilized during the Career Development Period for ensuring coordination among the center, students and Career Transition Specialists. Coordination Between Center and CTSWhat methods will be used to maintain contact with graduates and former enrollees, if applicable, toughout the post-center service period? What strategies will be utilized to ensure that graduates are placed in positions which are a Job Training Match? Describe strategies for ensuring coordination between the CTR departments at all centers and the CTS Specialists assigned to the center(s).How will student job readiness be assessed and what services will be provided to remedy shortcomings for graduates? What strategies will be utilized to ensure that graduates are placed in positions which are a Job Training Match?Placement for GraduatesHow will on-going support services be coordinated and provided to meet graduates' transitional support and job retention needs? What methods will be used to maintain contact with graduates and former enrollees, if applicable, toughout the post-center service period? How will student job readiness be assessed and what services will be provided to remedy shortcomings for graduates? What strategies will be utilized to ensure that graduates are placed in positions which are a Job Training Match?How will post-center services be provided to former enrollees to ensure positive outcomes? What methods will be used to maintain contact with graduates and former enrollees, if applicable, toughout the post-center service period? How will student job readiness be assessed and what services will be provided to remedy shortcomings for graduates? Describe strategies to achieve CTS performance outcomes and remedy performance deficiencies. How will on-going support services be coordinated and provided to meet graduates' transitional support and job retention needs? What methods will be used to maintain contact with graduates and former enrollees, if applicable, toughout the post-center service period? How will student job readiness be assessed and what services will be provided to remedy shortcomings for graduates? AssessmentHow will post-center services be provided to former enrollees to ensure positive outcomes? How will on-going support services be coordinated and provided to meet graduates' transitional support and job retention needs? What methods will be used to maintain contact with graduates and former enrollees, if applicable, toughout the post-center service period? ContactDescribe strategies to assist students in the development healthy lifestyles and to recognize the relevance of wellness to job retention. Describe strategies to achieve CTS performance outcomes and remedy performance deficiencies. How will post-center services be provided to former enrollees to ensure positive outcomes? How will on-going support services be coordinated and provided to meet graduates' transitional support and job retention needs? Describe strategies to achieve CTS performance outcomes and remedy performance deficiencies. How will post-center services be provided to former enrollees to ensure positive outcomes? How will on-going support services be coordinated and provided to meet graduates' transitional support and job retention needs? Transition Services for GraduatesDescribe strategies which will be utilized to support the development and maintenance of the site and facilities and to ensure those efforts support the delivery of quality Job Corps services. Describe strategies to assist students in the development healthy lifestyles and to recognize the relevance of wellness to job retention. Describe strategies to achieve CTS performance outcomes and remedy performance deficiencies.How will post-center services be provided to former enrollees to ensure positive outcomes? Former EnrolleesDescribe systems which support timely and effective maintenance of the center facilities.Describe strategies to assist students in the development healthy lifestyles and to recognize the relevance of wellness to job retention. Describe strategies to achieve CTS performance outcomes and remedy performance deficiencies.Program GoalsDescribe systems which support timely and effective maintenance of the center facilities.Describe strategies to assist students in the development healthy lifestyles and to recognize the relevance of wellness to job retention. •f. Administrative & Management Support Services: (PRH Chapters 5 & 6)HealthDescribe systems which support timely and effective maintenance of the center facilities.Describe strategies which will be utilized to support the development and maintenance of the site and facilities and to ensure those efforts support the delivery of quality Job Corps services. Facilities MaintenanceDescribe systems which support timely and effective maintenance of the center facilities.Describe strategies which will be utilized to support the development and maintenance of the site and facilities and to ensure those efforts support the delivery of quality Job Corps services. Describe systems which support timely and effective maintenance of the center facilities. 3. Staff Resources Proposal (PRH Chapter 5) The Staff Resources Proposal shall consist of the information described below. The page limitation for this section excludes the staffing chart provided in accordance with Section J of this RFP, resumes, staff schedules and position descriptions. •a. Organization: A detailed organization chart covering all staff for the Center. Include any contracted or National Training Contractor staff with each, if applicable, and a completed Staffing Chart (Attachment J-4) •b. Schedules: Staff schedules showing coverage of critical functions for residential living, career preparation, academic and career technical training, counseling and security. •c. Key Personnel: Key personnel is the Center Director Offerors shall indicate whether the person being proposed as key personnel is currently being proposed for a center staff position on any other proposals. Offerors must notify the Contracting Officer in writing of any change in the availability of proposed key personnel when the change in status occurs, at any point in the procurement process. • i. Resume: Provide resume and position description of the proposed Center Director. The resume shall include information on the nominee's educational and training accomplishments, as well as past work and other relevant experience, including any special accomplishments and skills. In addition to the resume, offerors shall provide a letter of commitment from the Center Director proposed to work on the contract. •d. Position Descriptions: Provide position descriptions for the following personnel:• i. Deputy Center Director• ii. Administration Director/Manager• iii. Programs Director• iv. Training Managers (Academic and Career Technical Training)• v. Career Success Manager (Social Development Manager) •e. Corporate Oversight: Explanation of corporate services and support (General and Administrative services) that will be provided to this contract. Describe the experience and specific areas of expertise of corporate staff that will provide oversight. •f. Staff Development & Incentives: A narrative detailing what efforts the contractor will make to develop retain, and reward staff. Include what specific incentives will be provided and how these may be earned. In addition, include what specific positions will be eligible for an incentive payment, timetable for such payment, and whether or not such payments will be charged to this contract. •g. Transition/Phase-out Plan: The incumbent shall submit a transition-out (phase out) and non-incumbent offerors shall submit a transition-in plan. Transition-in or transition-out plans shall include the period of time required for each action, staff requirements, and major steps to be accomplished during the transition. Costs associated with the transition in and out plans shall be submitted as part of the Business Management Proposal. The Government recognizes that if the incumbent contractor is not the successful offeror, the successful offeror will then assume responsibility over the Job Corps center operations. If so, the incoming contractor will have a transition-in period in which to become familiar with the presently operating center, as well as time to interview and hire staff necessary to operate the center. The successful offeror will be required to take over complete operation of the center with the start of performance under the resultant contract. It is the Government's intent that the transition period will begin no less than 30 days prior to that date. There will be only one operating contractor responsible for the center's operation at any given time. Transition preparations shall not cause any unreasonable interference with the departing contractor's operation. When the new contractor begins operations, the former contractor shall not cause any unreasonable interference with the new operator's program. 4. Business Management Proposal (Cost Proposal & Small Business Subcontracting Plan) Costs shall be mentioned only in the Cost Proposal, and in no other sections of the proposal. Offerors shall not propose costs for capital line items including: Construction, Rehabilitation and Acquisition (CRA), Equipment, and Career Technical Skills Training (CTST). The Not to Exceed amount for these categories shall be determined post-award. In addition to the written cost proposal, offerors shall provide the following on CD using EXCEL 2007 or earlier version: •§ Financial Display By Year, ETA 2110 Format (Attachment J-3)•§ Staffing Chart (Attachment J.4) The Offeror's Cost Proposal shall consist of the following and in the order stated: (Sample forms and attachments are shown in Section J) •a. Business Management Data •1) A completed Standard Form 33, Solicitation, Offer and Award •2) Statement of Financial Capability (ETA 8554) •3) Applicable Certifications and Cost Accounting Standards Notices and Certification as required in Section K of this RFP. •4) A copy of the Offeror's Indirect Cost Negotiation Agreement from the Cognizant Federal agency. The Cost Proposal may propose a G&A ceiling rate higher or lower than the approved provisional rate. The proposed rate, if accepted, will become the ceiling for the entire contract period, including option years. Offerors must calculate G&A Expense at the proposed G&A ceiling rate. If the offeror does not have an approved rate, the submission shall include a proposed rate along with supporting justification. •5) A statement from an accounting firm that certifies that the contractor's cost accounting system meets all of the items listed in Section II., Evaluation Checklist, on SF form 1408, Pre-award Survey of Prospective Contractor Accounting System. Please note that SF from 1408 or a statement that references all of the information contained in the form 1408 is sufficient. •b. Staff Salary Structure and Compensation Plan •1) Total Compensation Plan This plan shall include a description of salaries and fringe benefits, and any bonuses, monetary awards, and other contingent payment plans for all staff charged directly to this contract. The narrative must explain the policy under which these payments will be dispersed. Offerors shall justify proposed salary levels using prevailing wage rate data from the local labor market, the National Job Corps Staff Compensation data as described below, or a combination of both. Offerors may propose adjustments to staff compensation expense due to vacancy savings, overtime expense, night differentials, holiday differentials and other factors. In developing staff compensation plans, offerors shall give consideration to the National Job Corps Staff Compensation Report (Attachment J-13). This table reflects independent, expert advice that has been given to the U.S. Department of Labor concerning the average salary levels that would be competitive within the local labor market. The data in the table that is attached to this RFP has been adjusted for inflation to reflect salary levels that will be appropriate at the beginning of the contract performance period, and to reflect labor cost conditions in the center's locality. The amounts shown on the table reflect the average annual salary ranges for each category of position along with an allowance for employer paid fringe benefits equaling 24.8% of base salary costs. •2) Staff Salary Structure This shall include a description of the offeror's salary grade structure including positions in each grade, and annual salary ranges for each grade level. The National Job Corps Staff Compensation Report (Attachment J-13) organizes data to reflect a model national salary structure for most of the job categories typically employed at Job Corps centers. •3) Staffing Chart The offeror shall include a completed Staffing Chart that will indicate the number of staff for each center function. (Attachment J-4), which shall also be included in the Staff Resources Proposal. Please submit a completed Attachment J.4 in hard copy as well as on CD using EXCEL 2007 or earlier version •c. Pricing Schedule and Cost Detail: Offeror shall include completed Attachments J-1 and J-3. Please note that the amounts in the Not to Exceed Line Items (CLINS 5001 tough 5004) will be provided by the Government and will not be considered as part of the offeror's total evaluated cost. However, the total cost of the Not to Exceed Line Items will be included in the total estimated cost of the awardee's contract. Please also note that offerors shall propose the maximum technical performance incentive fee (2.4%) and the maximum cost incentive fee (3.6%) for the purpose of cost analysis and contract award amount. •d. Narrative Cost Detail - Center, OA and CTS •1) A narrative justification for each line item of the ETA 2110, Attachment J.3, for all contract years. Include all explanatory narratives and necessary calculations showing how costs are determined. Please note that for option years, the contractor only has to provide a narrative where the rational and justification for the option year costs differs from the base period costs. For the purposes of this RFP, the inflationary rate used in projecting costs shall be determined by the offeror. The Government will then consider this proposed inflationary rate during its cost realism analysis and negotiated during discussions if necessary. The resulting inflationary rate will then become a part of the contract. Cost justifications based solely on historical data may be considered insufficient to support cost proposals. Historical data may be used to the extent that it can be shown to be relevant to this specific procurement, reflective of any changed conditions and circumstances. Provide narrative justification for each line item showing how the labor, material, travel, subcontractors, facility maintenance, and other costs outlined on the ETA 2110 were determined. Include the backup data to support the type of labor and estimated numbers of staff within each labor category. The facility shall be provided as Government-furnished property at no cost to the contractor. Under those ETA 2110 line items relating to staff costs, show the following: (1) position title; (2) number of positions in terms of full-time equivalents (FTEs); (3) range of annual salaries/wages for the position title; (4) average direct annual salary/wages on a per FTE basis (5) average benefits and other indirect employee compensation costs on a per FTE basis; (6) total employee compensation cost to the contract for each position title. Individual, separate staff position costs will be included in the narrative justification for each line item of the ETA 2110. Do not consolidate costs for similar positions. Show each position cost separately. Include a breakdown of the amount estimated for travel, including destination, duration, purpose and cost (per diem and transportation). Include backup data to support the estimated amount of material and subcontracting (if applicable), including description of materials to be procured, basis for proposed subcontract, and amounts proposed. Subcontract information shall contain the list of names and addresses of any proposed subcontractors or consultants the offeror intends to use in the performance of the contract. Include the following information about subcontractors in excess of $25,000: • i.Will the subcontractor be able to start performance at the beginning of the contract period? • ii.What is the total cost of each subcontract? • iii.What experience does the subcontractor have in this technical area?• iv.What services (skills) will the subcontractor provide?• v.What steps did the offeror take to ensure that this subcontract is the best value.• vi.Confirmation that there is no conflict of interest between the prime contractor and the subcontractor. •e. Transition Costs Please note that the Government will analyze proposed transition in and transition out costs for reasonableness. However, Transition in costs and transition out costs will not be considered as part of the offeror's evaluated cost nor will it be factored into the Government's Best Value, Trade Off analysis. The transitions in costs and the transition out costs will be identified in the awardee's pricing schedule at the time of award and will be considered as part of the total awarded estimated cost. The Transition Costs section of the Business Management Proposal encompasses tee things: •1) For offerors who are not the incumbent contractor at the subject Job Corps center, the offeror shall include a description of estimated costs for transitioning into the center. This shall include all personnel costs, travel and any other supplies or expenses the offeror anticipates incurring during the transition-in. These expenses will appear in CLIN 0001 on the pricing schedule. •2) Both incumbent and non-incumbent offerors shall include in the Transition Costs subsection of their Business Management, a description of all costs that the offeror reasonably anticipates it will occur as part of transition-out activities at the end of the contract that will result from this solicitation. The Employment and Training Administration understands that this estimate is dependent upon some factors that are unknown at the time of the proposal preparation, such as the amount of unpaid leave. However, offerors are asked to use their best business judgment in preparing this estimate. These expenses will appear in CLIN 4001 on the pricing schedule. It is the intent of the Government to have an orderly operation during the last 30 days of any incumbent's contract (see FAR Clause 52.237-3, Continuity of Service). Therefore, the incumbent contractor will be allowed the normal costs of operating the center for the final month of the contract. The incumbent's administrative activities required to orient the incoming contractor will be an allowable direct cost. It is the Government's expectation that the outgoing contractor will use persons already included in its organizational indirect cost package for such activities joint physical inventory counts and reconciliation, student pay reconciliation with the new contractor and final billings after contract expiration. The allowable cost for Transition-Out will be limited to earned but unpaid leave, and any other costs determined to be reasonable, allowable and allocable by the Contracting Officer. Please note that offerors who are the incumbent contractor at the subject Job Corps center shall not include any transition-out costs under this solicitation that would be associated with transitioning-out of center operations under the current incumbent contract. Such expenses would be allocable to the incumbent contract and thus will be handled in a separate process to equitably adjust the incumbent contractor for transition-out expenses that will occur if the incumbent contractor is not the successful offeror and is required to transition-out. f. Small Business Subcontracting Plan (Does not apply to Small Businesses) Offerors shall submit a subcontracting plan prepared in accordance with FAR Clause 52.219.9. The plan shall cover the base two (2) year contract period, and each of the option years. The plan must separately address subcontracting with 1) small business, 2) small disadvantaged business (includes 8(a) businesses), 3) women-owned small business, 4) veteran owned small businesses (includes service disabled veteran owned small businesses), 5) service disabled veteran owned small businesses, and 6) HUBZone concerns. The offeror shall complete and submit Attachment J-6, Subcontracting Plan Summary Sheet both in hard copy and on CD using EXCEL 2003 or earlier version. The contractor shall determine the dollar value of services to be subcontracted. Of that amount, the contractor must, at a minimum, award subcontracts so as to achieve the following goals: Small Businesses61%Small Disadvantaged Businesses11%Women-owned Small Businesses7%HUBZone Small Businesses3%Veteran Owned Small Businesses3%Service Disabled Veteran Owned Small Businesses3% The Department of Labor encourages subcontracting key program components to small business concerns. Key components include personnel to deliver social development, academic education, career technical training and administration. For proposed subcontracting of key components, the appropriate section of the technical proposal must describe in detail the organizational relationships and procedures established to ensure proper management, oversight, training, coordination, etc. A complete breakdown of costs associated with the subcontracting of a key component of center operations must be displayed in the Cost Proposal. This should also include any costs associated with oversight of the sub-contractual relationship. Small Businesses should note that while a subcontracting plan is not required, it is requested that they provide a listing of subcontracts that are anticipated. The subcontract list should include at a minimum a list of the functions, tasks, and positions that are proposed and the anticipated dollar value. Please be advised, offers shall include in their subcontracting plan, 100% subcontracting to a small business entity for the areas of Outreach and Admissions and Career Transitions Services (OACTS). L.7 LATE SUBMISSIONS, MODIFICATIONS AND WITHDRAWLS OF OFFERS •a) Offerors are responsible for submitting offers, and any modifications or withdrawals, so as to reach the Department of Labor office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Department of Labor office on the date that offers are due. •b) Any offer, modification, or withdrawal received at the Department of Labor office designated in the solicitation after the exact time specified for receipt of offers is "late" and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the procurement; and: (i) if it was transmitted tough an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Department of Labor infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or (ii) there is acceptable evidence to establish that it was received at the Department of Labor installation designated for receipt of offers and was under the Department of Labor's control prior to the time set for receipt of offers. c) Acceptable evidence to establish the time of receipt at the Department of Labor installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of DOL personnel. d) If an emergency or unanticipated event interrupts normal DOL processes so that offers cannot be received at the Department of Labor office designated for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal DOL processes resume. e) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers. An offer may be withdrawn in person by an Offeror or its authorized representative, if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer. L.8 REQUESTS FOR CLARIFICATION Requests for Clarifications (RFC) are to be submitted electronically to Tanyka Lawrence at jc.lockbox@dol.gov, by 5:00p.m., October 24, 2014. Only electronic submissions of requests will be accepted. Should any RFC be received after the date stated above, the Government reserves the right not to provide an answer. If, however, the Government determines that a late RFC raises an issue of significant importance, the government will respond. All responses will be provided electronically. SECTION M. - EVALUATION FACTORS FOR AWARD M.1 EVALUATION OF PROPOSALS Proposals will be reviewed by a panel of evaluators. Each panelist will evaluate the proposals in accordance with the specific evaluation factors enumerated in this Section M. All evaluation factors, except for cost, will be adjectivally rated. The Contracting Officer may award a contract on the basis of initial proposals received, without discussions or any opportunity to make a further submission. Therefore, each initial offer should contain the Offeror's best terms from a cost and technical standpoint. Note that all ratings are considered advisory only, and are not binding on the source selection official. M.2 ORDER OF IMPORTANCE OF EVALUATION FACTORS The evaluation factors listed in descending order of importance are as follows: Past Performance, Technical Approach, Staff Resources and Cost Please note that Past Performance is more important than Technical Approach, which is more important than Staff Resources. And, Past Performance, Technical Approach and Staff Resources combined are significantly more important than cost. The Technical Approach evaluation factor has elements, which are listed in descending order of importance:•a. Career Development Period•b. Career Transition Period•c. Career Preparation Period•d. Admissions•e. Outreach•f. Administrative & Management Support Services The Staff Resources evaluation factor has elements, which are listed in descending order of importance:•a. Adequacy of staffing•b. Corporate Oversight and Support•c. Staff Position Descriptions•d. Staff Development and Incentives•e. Center Director •f. Transition-in and Transition-out M.3 EVALUATION FACTORS •1. Past Performance Past performance will be evaluated based on information furnished by the references identified in Section L and any other available sources, such as Job Corps' Contractor's Automated Past Effectiveness Rating System and Outcomes Measurement System, the Past Performance Information Retrieval System (PPIRS), and esrs.gov. The Government will evaluate the quality of performance relative to the scope, size, and complexity to the work described in the solicitation. The Government will consider Past Performance information for the offeror or entity and/or its principals proposed as the prime contractor, as well as subcontractors that will perform major or critical aspects of the requirement, when such information is relevant to this procurement. In addition, the Government will consider past performance information regarding predecessor companies, and key personnel who have relevant experience. When the offeror is a joint venture or contractor team at the prime level, the past performance of the team, if any, will be considered. If the Offeror is a newly formed entity, the Government will evaluate the experience of the individual entity or entities that comprise the newly formed entity. If the Offeror is a joint venture, LLC, team, or other similar entity, DOL will evaluate the experience of the entities comprised of the joint venture, LLC, team or other similar entity. If the team has no relevant past performance, but one or more team members do, the Contracting Officer will make a determination, at his/her discretion, based on the availability of past performance information for a team member, and the nature and extent of that team member's proposed contribution to the work of the contract, as to whether or how to evaluate past performance for the team. In addition to the information provided by the offeror in response to Section L, the Government may consider information obtained from other governmental and non-governmental sources. The evaluation will include the past performance of offerors in complying with subcontracting plan goals for small disadvantaged business (SDB) concerns, monetary targets for SDB participation and notifications submitted under FAR part 19.1202-4(b). Names of individuals providing reference information about an Offeror's past performance shall not be disclosed. In evaluating past performance, the Government will focus on information that demonstrates quality of the Offeror's experience relevant to the size and complexity of the procurement under consideration. In addition, only past performance information for work performed during the past tee years and at least six months in duration will be considered. In accordance with the Federal Acquisition Regulation, an offeror without a record of relevant past performance shall not be evaluated favorably or unfavorably for this category. The offeror will receive a neutral rating. 2. Technical Approach The Technical Approach section of the offeror's proposal is comprised of answers to the questions that the Government posed in Section L.6, I, Instructions for Proposal Submission, Proposal Content. Offeror's answers to the questions will be evaluated in accordance with the following: •(i) The extent to which the offeror's proposal demonstrates a strong understanding of the work to be accomplished and the extent to which the offeror's strategies and methods are in compliance with the PRH. •(ii) The degree to which the offeror's strategies and methods are tailored to operate in the context of the State's eligible population, the local and regional labor market, and any other data provided by the Contracting Officer. •(iii) The degree to which the offeror's proposal offers feasible strategies and methods to ensure the achievement of Job Corps' specified outcomes and quality indicators? 3. Staff Resources The information provided in the offeror's Staff Resources section of its proposal shall be evaluated in accordance with the following: •a. Adequacy of StaffingAdequacy of Staffing will be evaluated to determine the appropriateness of the number and adequacy of staffing in accordance with the PRH. •b. Corporate Oversight and SupportCorporate Oversight and Support will be evaluated to determine the adequacy of management/corporate services as well as other corporate support (G&A) that will be provided to this contract. •c. Staff Position DescriptionsThe position descriptions for the staff identified below will be evaluated to determine the quality and adequacy duties described in the position descriptions. • i. Deputy Center Director• ii. Administration Director/Manager• iii. Programs Director• iv. Training Managers (Academic and Career Technical Training)• v. Career Success Manager (Social Development Manager) •d. Staff Development and IncentivesStaff Development and Incentives will be evaluated to determine the appropriateness and adequacy of the staff development, retention, and incentives. •e. Key Personnel - Center DirectorThe Center Director will be evaluated to determine quality and adequacy of the Center Director's credentials, experience, and accomplishments as well as the adequacy of the duties identified in the position description. •f. TransitionOfferor's approach to transition-in or transition-out will be evaluated in accordance with the following: (i) The degree to which the transition plan demonstrates the offeror's knowledge the scope of the tasks to be accomplished.(ii) The adequacy of the corporate resources proposed to complete the tasks to be accomplished. 4. Cost In accordance with FAR 15.404-1, the Government will conduct a price analysis to assess whether the contract price proposed is fair and reasonable. The Government will also conduct a cost analysis focused on the reasonableness of the estimate costs of performance, as distinct from the reasonableness of the contract price. As a part of its cost analysis, the Government will perform a cost realism analysis of each offeror's proposed costs to determine a probable cost of performing the contract using the offeror's proposed approach. This cost realism analysis will result in a determination of a Probable Cost ("PC") for the offeror's proposed approach. To explain, offerors' cost proposals reflect advance estimates of cost that may not be valid indicators of final actual costs. As a result, the Government's cost realism analysis is intended to guard against unsupported claims of cost savings (e.g., unrealistically low cost estimates) by determining whether the costs as proposed represent what the agency realistically expects to pay for the proposed effort. As a product of the agency's cost realism analysis, the PC is a single number that represents the Government's forward-looking estimate of the probable cost of performance for each offeror. The PC may differ from the proposed cost and shall be used for purposes of the evaluation to determine the best value proposal. To foster competition and create more of a level field, please note that the Government will not evaluate transition in or transition out in evaluated cost/price. M.4 SUBCONTRACTING PLAN Please note that part of the analysis of the offeror's business management proposal will include an analysis of the offeror's subcontracting plan. The subcontracting plan will be reviewed in accordance with the following: (i) To what extent does the plan fully address all aspects of FAR 52.219-9? (ii) How effective is the proposal in offering concrete, feasible, proven strategies and methods to ensure the achievement of small business goals in each category? (iii) To what extent does the offeror plan to subcontract major program components? Proposals that include plans that do not meet mandated goals will not be eligible for award. M.5 BASIS FOR AWARD (BEST VALUE) - TRADEOFF The Government anticipates the award of a single contract as a result of this solicitation to the responsible Offeror whose proposal is responsive to the solicitation and is determined to be the best value to the Government. Selection of the best value is determined tough the process of evaluating strengths and weaknesses of each Offeror's proposal in accordance with the evaluation criteria stated herein. In determining the best value, past performance is more important than technical approach, which is more important than staff resources. And, past performance, technical approach and staff resource combined are significantly more important than cost. The Government is more concerned with obtaining a proposal demonstrating superior past performance, technical approach and staff resources, than making an award at the lowest evaluated cost. Thus, the closer or more similar in merit that the Offeror's past performance, technical approach and staff resources are evaluated to be; the more likely the evaluated cost may be the determining factor in selection for award. However, the Government will not make an award at a premium in cost that it considers disproportionate to the benefits associated with the evaluated technical superiority of the technical proposal (past performance, technical approach and staff resources). The Government will assess whether the strengths and weaknesses between or among competing proposals indicate superiority from the standpoint of what the difference might mean in terms of expected performance and what the evaluated cost to the Government would be to take advantage of the difference. M.5 EVALUATION OF OPTIONS 52.217-5 EVALUATION OF OPTIONS (Jul-90) is incorporated by reference.[a] Funds obligated will be provided by the Contracting Officer in the resulting contract. [b] Funding tough will be identified by the Contracting Officer in the resulting contract.[c] Transition in Period shall be provided by offerors as directed in Section L.6, Instructions for Proposal Submission. However, the costs of the Transition in will not be a part of the offeror's evaluated cost for the purpose of the Government's Best Value, Trade-off determination. [d] Transition out shall be provided by offerors as directed in Section L.6, Instructions for Proposal Submission. However, the costs of the Transition out will not be a part of the offeror's evaluated cost for the purpose of the Government's Best Value, Trade-off determination. [e] Not to Exceed amounts will be provided at the time of award by the Contracting Officer and will not be a part of the offeror's evaluated cost for the purpose of the Government's Best Value, Trade-off determination. [f] Transition in shall be provided by offerors as directed in Section L.6, Instructions for Proposal Submission. However, the costs of the Transition in will not be a part of the offeror's evaluated cost for the purpose of the Government's Best Value, Trade-off determination. [g] Transition out shall be provided by offerors as directed in Section L.6, Instructions for Proposal Submission. However, the costs of the Transition out will not be a part of the offeror's evaluated cost for the purpose of the Government's Best Value, Trade-off determination. [JM1]You must insert the date and time of RFP closing here. (I have inserted noon and used the last revised procurement plan schedule and revised from there. The original RFP close was October. I have used December 2014. [JM2]You must insert a date and time. The offerors need to know what date (actual day of month) and time the RFP closes. [JM3]per our conversation, you must insert these. if you are not sure how to look up, please see me. (you originally requested attachments for both davis and sca. I provided you the attachments with my original email but have incorporated them both here as well. TL [JM4]you must insert the numbers AND include as attachments. [JM5]you must insert these [JM6]you must insert the numbers AND include as attachments.
DOL-ETA-14-R-00026 Department of Labor Employment and Training Administration
10/3/14, 2:45 PM