Questions and Answers Solicitation 12318726Q0165 LBJ.pdf
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- Solicitation number
- 12318726Q0165
- Issued by
-
Department of Agriculture Forest Service
About this file
This is a Questions and Answers document for Solicitation #12318726Q0165 issued by the Lyndon B. Johnson (LBJ) Job Corps Center. The incumbent contractor is ACI Federal. The solicitation requires a Drug/Alcohol Abuse Counselor position at 520 hours, which is the only billable labor category, though the Performance Work Statement and supporting attachments reference additional roles (Center Mental Health Counselor and Registered Nurse/LPN) as part of a reference staffing model rather than required line items.
The Drug/Alcohol Abuse Counselor position is covered under the Service Contract Act (SCA) requirements, as the Department of Labor recently removed exemptions that excluded Job Corps contracts from SCA coverage. The position qualifies as a "bona fide professional" role subject to prevailing wage and fringe benefit requirements. The SCA-mandated monetary wage for the Drug/Alcohol Abuse Counselor is $25.27 per hour. The document clarifies that while certain positions with advanced degrees (such as RN licenses or master's degrees in counseling) that meet specific FLSA exemption criteria may be exempt from SCA requirements, the Drug/Alcohol Abuse Counselor is explicitly covered and must receive at least the locally prevailing wage and health/welfare fringe benefits as determined by the Department of Labor.
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Questions and Answers – Solicitation# 12318726Q0165 - LBJ
1) Is there an incumbent and current contract number for this solicitation? If so, can you provide?
ACI Federal; and that is all the information that I can provide at this time.
2) The number of hours stated is 520 hours for the Drug/Alcohol Abuse counselor, however the PWS has three (3) labor categories and the Attachment 5 has four (4) labor categories (Center Mental Health Counselor, Drug/Alcohol Abuse Counselor and Registered Nurse/LPN). Is this proposal request for only the Abuse Counselor?
Please reference only; the Schedule of Items – Attachment 1;
The Drug/Alcohol Abuse Counselor is the only billable position, while other listed roles reflect a reference staffing model rather than required line items
3) Are all these positions considered SCA positions?
Job Corps centers are typically run by private contractors or nonprofits for the federal government. The DOL recently removed exemptions that previously excluded Job Corps contracts from the SCA, meaning all non-exempt support staff under these contracts are covered by SCA requirements.
Under the SCA regulations (defined by the Fair Labor Standards Act or FLSA), bona fide professional, executive, or administrative employees are exempt from the SCA
If you hold an advanced degree (like an RN license or a master's degree for counseling), perform advanced, autonomous work, and meet specific minimum salary thresholds, you are generally considered FLSA-exempt and SCA rules do not apply to your pay.
If your role does not meet the strict legal definition of a "bona fide professional" (e.g., you are paid an hourly rate or your duties don't require the same level of specialized, advanced degrees under FLSA rules), you are considered a "non-exempt service employee."
In the case above ("bona fide professional), SCA does apply. The employer must pay you at least the locally prevailing wage and health/welfare fringe benefits determined by the Department of Labor (DOL).
Covered under the SCA - The Drug/Alcohol Abuse Counselor
Employee Class Monetary Wage -- Fringe Benefits
Drug/Alcohol Abuse Counselor $25.27
End
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