1605C2-23-R-00007.pdf

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

OFFEROR

CAS

S-4307 200 Constitution Ave, NW Customer Acquisition Services US Department of Labor

JOB CORPS (DES) CODE 16. ADMINISTERED BYCODE

X

X

624310

SIZE STANDARD:

% FOR:SET ASIDE:UNRESTRICTED ORCAS

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

05/26/2023 12:00 P.M. ED

05/03/2023

Christopher Capers (No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

1605C2-23-R-00007

5. SOLICITATION NUMBER

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF

1 108 1631-OJC-23-ODC-0085OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

Washington DC 20210

TELEPHONE NO.

17a. CONTRACTOR/

Washington DC 20210 200 Constitution Ave. NW US Department of Labor, Job Corps

15. DELIVER TO

Washington DC 20210 S-4307 200 Constitution Ave, NW Customer Acquisition Services

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$15

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULEX

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

US Department of Labor

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

The Department of Labor (DOL), on behalf of the Employment and Training Administration (ETA), Office of Job Corps (OJC), has a requirement for Career Technical Training services and support for Building Construction Trades in accordance with the attached Performance Work Statement (PWS) for a 12-month base period and four (4) 12-month option periods.

DOL anticipates that this requirement will result in the award of a Fixed Price Incentive Fee

(Use Reverse and/or Attach Additional Sheets as Necessary)

HEREIN, IS ACCEPTED AS TO ITEMS:

X

XX

DATED

Evon M. Pollack

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

OFFER

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

30b. NAME AND TITLE OF SIGNER (Type or print)

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT:

REF.

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

STANDARD FORM 1449 (REV. 2/2012) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

(FPIF) firm target type contract.

Eligible vendors shall provide technical and price proposals by the applicable due date per block 8 on this form. Any discount terms are highly encouraged.

Delivery: 365 Days After Award

0001 Base Period - Building Construction Trades

Product/Service Code: U006

1001 Option Period One (1) - Building Construction

Trades

(Option Line Item)

(Anticipated Option Exercise Date) 365

Product/Service Code: U006

2001 Option Period Two (2) - Building Construction

Trades

(Option Line Item)

(Anticipated Option Exercise Date) 0

Product/Service Code: U006

3001 Option Period Three (3) - Building Construction

Trades

(Option Line Item)

Continued ...

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

108 2 of

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

3 108

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

1605C2-23-R-00007

(Anticipated Option Exercise Date) 0

Product/Service Code: U006

4001 Option Period Four (4) - Building Construction

Trades

(Option Line Item)

(Anticipated Option Exercise Date) 0

Product/Service Code: U006

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

B - Supplies/Services/Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Lot

BASE

PERIOD

NTC OJC Building Construction Trades

FPIF

Initial Target Cost (complete site):

Initial Target Profit (complete site):

Initial Target Price (complete site):

Initial Target Ceiling (120% of Target Cost):

FPIF Share Ratio: 75/25 FOB: Destination

TARGET COST _________________________

TARGET PROFIT _________________________

TOTAL TARGET PRICE _________________________

CEILING PRICE _________________________

SHARE RATIO ABOVE TARGET _________________________

SHARE RATIO BELOW TARGET _________________________

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1001 1 Lot

OPTION

PERIOD

ONE

NTC OJC Building Construction Trades

FPIF

Initial Target Cost (complete site):

Initial Target Profit (complete site):

Initial Target Price (complete site):

Initial Target Ceiling (120% of Target Cost):

TOTAL TARGET PRICE _________________________

CEILING PRICE _________________________

SHARE RATIO ABOVE TARGET _________________________

SHARE RATIO BELOW TARGET _________________________

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

2001 1 Lot

OPTION

PERIOD

TWO

NTC OJC Building Construction Trades

FPIF

Initial Target Cost (complete site):

Initial Target Profit (complete site):

Initial Target Price (complete site):

Initial Target Ceiling (120% of Target Cost):

TOTAL TARGET PRICE _________________________

CEILING PRICE _________________________

SHARE RATIO ABOVE TARGET _________________________

SHARE RATIO BELOW TARGET _________________________

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

3001 1 Lot

OPTION

PERIOD

THREE

NTC OJC Building Construction Trades

FPIF

Initial Target Cost (complete site):

Initial Target Profit (complete site):

Initial Target Price (complete site):

Initial Target Ceiling (120% of Target Cost):

TOTAL TARGET PRICE _________________________

CEILING PRICE _________________________

SHARE RATIO ABOVE TARGET _________________________

SHARE RATIO BELOW TARGET _________________________

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

4001 1 Lot

OPTION

PERIOD

FOUR

NTC OJC Building Construction Trades

FPIF

Initial Target Cost (complete site):

Initial Target Profit (complete site):

Initial Target Price (complete site):

Initial Target Ceiling (120% of Target Cost):

TOTAL TARGET PRICE _________________________

CEILING PRICE _________________________

SHARE RATIO ABOVE TARGET _________________________

SHARE RATIO BELOW TARGET _________________________

B.1. Contractors shall propose the FPIF CLIN pricing for all CLINs located in Section B. ALL CLINS identified on contract as FFIF are considered to be Fixed Price Incentive Fee (Firm Target) in accordance with FAR clause 52.216-16. The contractor shall complete, for one unit each, Initial Target Cost, Initial Target Profit (dollar value), Initial Target Price (Cost + Profit), and Initial Target Ceiling (120% of Target Cost) in Section B of this solicitation.

B.2. The Fixed Price Incentive Fee (Firm Target) CLINs shall incorporate the contractor’s proposed FPIF Initial Target Cost and Initial Target Profit into the Government’s below provided FPIF formula containing the price ceiling and share ratio.

B.3 Cost overruns and underruns will be associated with profit. Please see the examples below in B.4. Also, review Technical Exhibit 3 for more information on the incentive fees which will be associated with performance.

B.4 The price ceiling, 120% of Initial Target Cost, is the maximum that may be paid to the contractor. The profit adjustment, 75/25, is expressed as a share ratio with the Government share as the numerator and the contractor share as the denominator reflecting how overruns and underruns above and below the initial Target Cost may be shared. Per the formula, the contractor earns 75 cents for every dollar below the target cost, and assumes responsibility for 25 cents of every dollar over the target cost. When the final cost is less than the target cost, application of the formula results in a final profit greater than the target profit. Conversely, when final cost is more than target cost, application of the formula results in a final profit less than the target profit, or even a net loss. Examples outlined below:

EXAMPLE Cost Underrun:

Target Cost: $100 Target Profit: $10 (10%) Target Price (Target Cost + Target Profit): $110 Ceiling Price (120% of Target Cost): $120

Actual Cost: $90 Actual Profit: $15. Target cost – actual cost ($100 – $90) = $10 underrun, contractor share of underrun is 75% (75/25). 75% times $10 = $7.5, which is added to target profit of $10 ($10 + $7.5 = $17.5 or 19.4% of actual cost).

Actual Price: $107.5 ($90+$17.5)

EXAMPLE Cost Overrun

Target Cost: $100 Target Profit: $10 (10%) Target Price (Target Cost + Target Profit): $110 Ceiling Price (120% of Target Cost): $120

Actual Cost: $110 Actual Profit: $5. Actual Cost – Target Cost ($110 – $100) = $10 overrun, contractor share of overrun is 25% (75/25). 25% times $10 = $2.5, which is subtracted from target profit of $10 ($10 - $2.5 = $7.5 or 6% of actual cost).

Actual Price: $112.5 ($110+$2.5)

If the final negotiated cost exceeds the price ceiling, the contractor absorbs the difference as a loss.

C - Description/Specifications

PART 1 GENERAL INFORMATION

1.1. Description of Services/Introduction:

Solicitation/Contract Title: Operation of CTT programs at Job Corps Centers – Building Construction. ETA’s Office of Job Corps (OJC) is soliciting a National Training Contractors (NTC) to provide Job Corps students with a comprehensive range of career technical training, work-based learning, career exploration and planning supports, employability counseling, and outcome-based supports for career placements. The goal of these services is to create high-quality employment outcomes and long-term attachment to the workforce for Job Corps graduates. Each NTC must be able to create placement pathways for students into union positions, Registered Apprenticeships, and other quality placements.

1.2. Background:

Job Corps is a national residential training and employment program administered by the U. S. Department of Labor to address multiple barriers to employment faced by eligible youth throughout the United States. Eligibility is defined by Job Corps’ essential admissions requirements, as outlined in PRH Exhibit 1-1. Job Corps was originally established by the Economic Opportunity Act of 1964. The current authorization for this program is Title I, Subtitle C, of the Workforce Innovation and Opportunity Act, passed on July 22, 2014. Job Corps provides comprehensive career development services to its students, including academic education, career technical training, social and independent living skills, and career readiness and support services. The unique combination of services provided in the Job Corps program is intended to prepare youth to attain and hold gainful employment, pursue further education or training, or satisfy entrance requirements for careers in the U.S. Armed Forces. The NTCs are a group of national training contractors for Job Corps that provide comprehensive training and placement services to students at centers across the country. Job Corps uses NTCs as auxiliary training providers which provide in-demand specialized training, and that leads to quality career outcomes, particularly in the form of union jobs and Registered Apprenticeships. NTCs are expected to be the voice of industry and provide modernized training that is aligned with the needs of employers. These trainings span a variety of occupations in multiple industries, such as construction, transportation, advanced manufacturing, automotive services, and renewable resources and energy. The number of programs operated by each NTC is expected to fluctuate according to program changes, as well as national or local labor market demand, during the contract period.

1.3. Objectives:

The NTC shall provide the materials, services, and personnel necessary to operate contracted Job Corps career technical training programs. The NTC shall provide Job Corps students with a comprehensive range of career technical training, work-based learning, career exploration and planning supports, employability counseling, and outcome-based supports for career placements. The goal of these services is to create high-quality employment outcomes and long-term attachment to the workforce for Job Corps graduates.

Each NTC must be able to create placement pathways for students into union positions, Registered Apprenticeships, and other quality placements.

1.4. Scope:

The contractor shall provide Career Technical Training services and support for the BUILDING CONSTRUCTION TRADES listed in PART 5 SPECIFIC TASKS Section 5.1.2. Centers, Programs and Slots.

1.5. Period of Performance:

The Period of Performance shall be for one (1) Base Period of 12 months and four (4) 12-month option periods of 12 months each.

The government reserves the right to extend the term of this contract action at the prices set forth in Section B in accordance with the terms and conditions contained in clause 52.217-9 entitled, “Option to Extend the Term of the Contract”.

1.6. General Information

1.6.1. Quality Control:

The contractor shall develop and maintain an effective quality control program to ensure services are performed in accordance with this PWS. The contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The contractor’s quality control program is the means by which he assures himself that his work complies with the requirement of the contract. As a minimum, the contractor shall develop quality control procedures that address the areas identified in Part 6 Technical Exhibits 1A and 1B, “Performance Requirements Summary”. The contractor shall then submit a Quality Control Plan (QCP) to the Contracting Officer Representive (COR) within 30 days of the execution of this contract, and 30 days upon execution of any subsequent option year. The contractor shall receive the contracting officer’s acceptance in writing of any proposed change to his QC system.

1.6.2. Quality Assurance:

The government shall evaluate the contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan. This plan is primarily focused on what the Government must do to ensure that the contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable defect rate(s).

1.6.3. Government Remedies:

The contracting officer shall follow FAR 52.246-1, “Contractor Inspection Requirements” for contractor’s failure to perform satisfactory services or failure to correct non-conforming services.

1.6.4. Recognized Holidays:

The contractor is not required to perform services on the following federal holidays:

New Year’s Day Labor Day Martin Luther King Jr.’s Birthday Columbus Day President’s Day Veteran’s Day Memorial Day Thanksgiving Day Juneteenth Day Christmas Day Independence Day

1.6.5. Hours of Operation/Place of Performance:

The contractor is responsible for conducting career and technical training support Monday thru Friday, except Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. The Contractor must at all times maintain an adequate workforce for the uninterrupted performance of all tasks defined within this statement of work when the Government facility is not closed for the above reasons. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the work force are essential. Telecommuting or “work at home” is not authorized under this contract unless under emergency situations as determined by the COR.

The places of performance for this contract include the following locations:

Job Corps Center Location Job Corps Center Location Edison Edison, NJ Shreveport Shreveport, LA New Haven New Haven, CT Talking Leaves Tahlequah, OK Northlands Vergennes, VT Tulsa Tulsa, OK South Bronx Bronx, NY Wind River Riverton, WY

Westover Chicopee, MA Atterbury Edinburgh, IN Old Dominion Monroe, VA Cleveland Cleveland, OH

Potomac Washington, DC Dayton Dayton, OH Whitney M. Young Simpsonville, KY Denison Denison, IA Woodland Laurel, MD Excelsior Springs Excelsior Springs, MO Woodstock Woodstock, MD Flint Hills Manhattan, KS Bamberg Bamberg, SC Gerald R. Ford Grand Rapids, MI Brunswick Brunswick, GA Hubert H. Humphr St. Paul, MN Miami Miami Gardens, FL Joliet Joliet, IL Mississippi Crystal Springs, MS St. Louis St. Louis, MO Montgomery Montgomery, AL Alaska Palmer, AK Oconaluftee Cherokee, NC Hawaii Waimanalo, HI Albuquerque Albuquerque, NM Maui Makawao, HI

Clearfield Clearfield, UT Long Beach Long Beach, CA Gary San Marcos, TX Sacramento Sacramento, CA Little Rock Little Rock, AR Sierra Nevada Reno, NV North Texas McKinney, TX Tongue Point Astoria, OR Quintin Burdick Minot, ND Treasure Island San Francisco, CA Roswell Roswell, NM

1.6.6. Type of Contract:

The government anticipates awarding a Fixed Price Incentive Fee (FPIF) Firm Target contract.

1.6.7. Security Requirements:

1.6.7.1. Physical Security

The contractor shall be responsible for safeguarding all government property provided for contractor use. At the close of each work period, government facilities, equipment, and materials shall be secured.

1.6.7.2. Key Control

Not Applicable

1.6.7.2.1. Lost Keys

Not Applicable

1.6.7.2.2. Key Use

Not Applicable

1.6.7.3. Lock Combinations

Not Applicable

1.6.7.4. Conservation of Utilities

Not Applicable

1.6.8. Special Qualifications

Special qualifications for staff and instructor positions are addressed in Part 5 Specific Tasks, 5.4 Staff Qualifications.

1.6.9. Post Award Conference/Periodic Progress Meetings:

The Contractor agrees to attend any post award conference convened by the contracting activity or contract administration office in accordance with Federal Acquisition Regulation Subpart 42.5. The contracting officer, Contracting Officers Representative (COR), and other Government personnel, as appropriate, may meet periodically with the contractor to review the contractor's performance. At these meetings the contracting officer will apprise the contractor of how the government views the contractor's performance and the contractor will apprise the Government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the government.

1.6.10. Contracting Officer Representative (COR):

The Contracting Officer’s Representative (COR) will be appointed by separate letter and will have authority to act on behalf of the Contracting Officer limited to the extent set forth below. Under no circumstances is the Contracting Officer’s Representative (COR) authorized to sign any contractual documents or approve any alteration to the contract involving a change in the scope, price, terms, or conditions of the contract or order. The COR is responsible only for giving technical guidance to assure that the technical scope and terms of the contract are met.

The COR is authorized to:

• Monitor and inspect contractor's performance to ensure compliance with the statement of work.

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

• Review and approve vouchers.

• Review and approve contractor's key personnel qualifications for compliance with contract requirements as may be called for on the contract.

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

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

• Interpret Job Corps initiatives for the contractor, if needed.

• Evaluate contractor requests for travel, to determine necessity of travel and reasonableness of costs. (See Part 1 General Information Section 1.7.3 “Travel and Per Diem” and Part 5 Specific Tasks, Section 5.6.2.2 “Efficiency of Travel” for further details.)

1.6.11. Contract Manager:

The contractor shall provide a contract manager who shall be responsible for the performance of the work. The name of this person and an alternate who shall act for the contractor when the manager is absent shall be designated in writing to the contracting officer.

The contract manager or alternate shall have full authority to act for the contractor on all contract matters relating to daily operation of this contract.

1.6.12. Identification of Contractor Employees:

All contract personnel attending meetings, answering Government telephones, and working in other situations where their contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression in the minds of members of the public that they are Government officials. They must also ensure that all documents or reports produced by contractors are suitably marked as contractor products or that contractor participation is appropriately disclosed.

1.7. Special Contract Requirements

1.7.1. Fringe Benefits

Social Security, Workmen's Compensation, Unemployment Compensation and any other fringe benefits are a normal practice of the Contractor at the time of final negotiations for this contract and are available to all employees. Fringe benefits from an immediate previous employer which may be continued while employed under this contract are an allowable cost. In no event will duplicate fringe benefits be allowable to an individual under this contract.

1.7.2. Vacations, Sick Leave Holidays

The Contractor may grant leave in accordance with its established written policy, provided that policy is accepted by the Contracting Officer, or, in the absence of an established policy, leave may be granted as follows:

• Vacation: Maximum 2 weeks (10 working days)

• Sick Leave: Maximum 2 weeks (10 working days)

• Holiday: Maximum of paid holidays

Leave shall be accrued at the rate of 5/6 of 1 day per month for each month employed. If the term of this contract is for more than or less than 1 year, the above leave shall be adjusted accordingly.

1.7.3. Travel and Per Diem

Travel policies as set forth by U.S. General Services Administration referred to below are required of the Contractor and consultants hereunder. Where the Contractor has a more restrictive travel policy than the Federal Travel Regulations, the more restrictive requirements shall apply. It is the responsibility of the Contractor to authorize only such per diem allowances as justified by the circumstances affecting the travel. Care should be exercised to prevent fixing per diem rates in excess of those required to meet the necessary authorized subsistence expenses. To this end, consideration should be given to factors which reduce the expenses of the employee such as: known arrangements at temporary duty locations where lodging and meals may be obtained without cost or at prices advantageous to the traveler; established cost experience in the localities where lodging and meals are required; situations where special rates for accommodations have been made available for a particular meeting or conference; the extent to which the traveler is familiar with establishments providing lodging and meals at a lower cost in certain localities, particularly, where repeated travel is involved; and the use of methods of travel where sleeping accommodations are provided as part of the transportation expenses.

If lodging is not available at GSA rates, the contractor shall notify the COR with a memorandum prior to the scheduled travel and request approval for an exception to authorize the higher rate. The COR will follow Travel Regulation (FTR) 301-11.300 through 306 when considering approval.

All travel shall be at tourist, coach, or less than first class unless itinerary or unavailability dictates otherwise. All temporary duty and local area automobile travel shall be allowed as prescribed by the applicable Travel Regulations.

Copies of applicable Travel Regulations can be obtained at the following website: http://www.gsa.gov/travel-resources.

1.7.4. Consultants

1.7.4.1. Consultants

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 shall be obtained before a consultant is hired, regardless of contract type (hourly or fixed price).

1.7.4.2. Rate of Pay

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/ policy-data-oversight/pay-leave/salaries-wages/ . 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 also be found at: http://www.opm.gov/ policy-data-oversight/pay-leave/salaries-wages/ .

The daily rate is exclusive of travel and per diem cost which may be added to the allowable consultant's rate.

1.7.4.3. Recordkeeping

The contractor shall maintain a written report for the files of the results of all consultants charged to this contract. This report shall 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.

1.7.5. Unemployment Insurance Costs

Unemployment insurance costs shall be paid by the contractor as they are incurred. However, in the event billings for Unemployment Insurance costs are received by the contractor after the expiration date of this contract and the billings cover the period that this contract was effective, the Government agrees to reimburse the contractor at the same rate that would have been applicable had the cost been paid as they were incurred.

1.7.6. Accounting and Auditing Services

1.7.6.1. Accounting

The contractor may procure and utilize such accounting services as are required to establish and maintain an accounting system which reflect accurate, current and complete financial transactions and which meet the standards of the Comptroller General of the United States and the Department of Labor.

1.7.6.2. Auditing

The contractor shall audit or have audited subcontractor financial records as may be required to determine, at a minimum, the fiscal integrity of financial transactions and compliance with laws, regulations and administrative requirements.

The U.S. Department of Labor shall be responsible for scheduling all audits of the prime contractor's books, documents, papers and records. The Department will use its own audit resources or shall use certified or public accountants under contract or auditors from another Federal agency.

Cost of Accounting Services and Audit of subcontractors as described herein are allowable cost under this contract. Costs for audits for which the U.S. Department of Labor is responsible are unallowable.

1.7.7. Printing

Unless otherwise specified in this contract, the contractor shall not engage in, nor subcontract for, any printing (as that term is defined in Title 1 of the Government Printing and Binding Regulations in effect on the effective date of this contract) in connection with the performance of work under this contract: provided, however, that performance of a requirement under this contract involving the reproduction of less than 5,000 production units of any one page or less than 25,000 production units in the aggregate of multiple pages, will not be deemed to be printing. A production unit is defined as one sheet, size 8 by 11 inches, one side only, one color.

1.7.8. Key Personnel

The 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. The below list or attachment to this contract may be amended from time to time during the course of the contract to either add or delete personnel, as appropriate.

For the purpose of this contract, the key personnel positions are identified below as:

• Executive Director

• Field Coordinator(s)

• Finance Director/Senior Accountant

For the purposes of this contract, the Contractor may divert the following personnel to other programs without written consent from the Contracting Officer. Nevertheless, the Contractor shall inform the COR and center operator (if center operations are affected) in writing of any personnel changes to the following, and shall fill the position within 60 days of diversion:

• Placement Coordinator

• Property Manager

• Training/Curriculum Development Specialist

• Senior Information Technology Specialist

1.7.9. Contract Number Identification

The Contractor agrees to utilize the number of this contract on all correspondence, communications, reports, vouchers and such other data concerning this contract or delivered hereunder.

1.7.10. Submission of Correspondence

All correspondence relating to contractual aspects shall be directed to the Division of Job Corps Procurement, Attention: Contracting Officer.

1.7.11. 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 Government employees. The Contractor shall not commit or permit any act which will interfere with the performance of work by any other contractor or by Government employees.

The foregoing paragraph shall be included in the contracts of all Contractors with whom this Contractor will be required to cooperate.

The Government shall equitably enforce this clause as to all contractors, to prevent the imposition of unreasonable burdens on any contractor.

1.7.12. Laws Applicable

The contractor will perform its duties in accordance with the applicable Act, and the regulations, procedures and standards promulgated thereunder. The Contractor will comply with all applicable Federal and State and Local laws, rules, and regulations which deal with or relate to the employment of persons who perform work or are trained under contract.

This contract in no way relieves the Contractor of responsibility for compliance with the provisions of the Fair Labor Standards Act, as amended.

1.7.13. Disposition of Material

Upon termination or completion of all work under this contract, the Contractor shall prepare for shipment, deliver FOB 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 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.

1.7.14. Insurance Requirements

In accordance with the Federal Acquisition Regulation, 48 CFR, Clause 52.228-7 entitled, "Insurance-Liability to Third Persons" the following kinds and amounts of insurance shall be procured and maintained in force during the lifetime of the above numbered contract.

1.7.14.1. Workers’ Compensation

In the amounts required by State law or the United States Longshoremen's and Harbor Workers' Compensation Act (33 U.S.C. 901).

1.7.14.2. Occupational Diseases Insurance

As required by applicable law. In any area where all occupational diseases are not compensable under applicable law, insurance for occupational diseases shall be secured under the employer liability section of your insurance policy, minimum per accident $100,000.

1.7.14.3. Employer Liability

This insurance is to cover any liability imposed upon an employer, by law, for damages on account of personal injuries, including death resulting there from, sustained by his employees by reason of accident.

1.7.14.4. General Liability Insurance (Bodily Injury)

This insurance protects the insured against claims arising from bodily injury or death to third parties occurring on its business premises or through its operations except those arising from motor vehicles away from the premises, those covered by any Workman's Compensation law, and other exclusions stated in the policy. The required coverage for bodily injury shall be $200,000 per person and $500,000 per occurrence.

1.7.14.5. Automobile Liability

The required coverage is $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage.

1.7.14.6. Insurance

The policies evidencing such insurance as required under this contract shall contain the following endorsement:

"No cancellation, termination, or modification of this policy shall take effect prior to the expiration of 35 days after written notice of the cancellation, termination or modification together with suitable identification of the policy and name insured has been sent by registered letter to the Government representative at the address stated below:

Name of Contracting Officer: Evon Pollack Address: USDOL/ETA/OSAM/OSPE 200 Constitution Ave., N.W.

Room S-4307 Washington, DC 20210

The types and minimum limits reflected above for vehicle insurance shall apply to any vehicle operated or used in connection with performance of official business under this contract. In the event a privately-owned vehicle is used, the Government's share of insurance premiums, including any additional coverage required to conform with the above limits, shall be prorated in accordance with the vehicle's actual use while conducting business under the terms of this contract.

1.7.15. Performance Standards

The composition, workmanship, printing or reproduction and substantive content of all reports, evaluations, charts, tables, graphs, and other data to be furnished under this contract shall strictly conform to the generally accepted quality standards of the Contractor's profession and shall be suitable for dissemination and use without revision, to DOL, other Government agencies and the general public.

Reports shall include a complete disclosure of all data relevant to the work performed, the techniques developed, the investigations made, and shall be relevant to the materials studies and methods and processes employed.

1.7.16. Restrictions on Use of DOL Funds for Lobbying

In accordance with the cost principles incorporated in the Federal Acquisition Regulations (FAR) at 31.205-22, lobbying costs (direct or indirect) are unallowable under this agreement. The exclusion of lobbying costs using Department of Labor funds is not intended to penalize, discourage, or prevent lobbying activities by utilizing non- Federal funds.

1.7.17. 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.

1.7.18. 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.

1.7.19. Publication of Materials

The Contractor shall receive permission from the Contracting Officer prior to publishing any works performed under this contract.

Further, the Contractor shall acknowledge the support of the Department of Labor whenever publicizing any work performed under this contract. To implement the foregoing, the Contractor shall include in any publication resulting from work performed under this contract, an acknowledgement substantially the same as follows:

"This project has been funded, either wholly or in part, with Federal funds from the Department of Labor, Employment and Training Administration under Contract Number TBD the contents of this publication do not necessarily reflect the views or policies of the Department of Labor, nor does mention of trade names, commercial products, or organizations imply endorsement of same by the U.S.

Government."

1.7.20. 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.

1.7.21. Annual Closeout of Contract Costs

In accordance with FAR 52.216-7(d) and 42.705, the contractor shall submit its final annual indirect cost rates to the Contracting Officer within 120 days after settlement of the rates with the Contractor’s cognizant audit agency. The Contractor shall also submit a settlement invoice, or voucher, reflecting the settled amounts and rates for the Contract periods covered by the final audited rates.

Failure to submit a settlement invoice may result in the Contracting Officer making a final determination of costs and reflect this delinquency on the past performance record.

1.7.22. 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.

1.7.23. Patent Rights

1.7.23.1. Written Notice

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.

1.7.23.2. Patent Agreements

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.

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.

1.7.23.3. Patent Rights

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.

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.

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...”

1.7.24. 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.

1.7.25. Disposition of Data and Copyrights

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.

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.

The contractor agrees to and does hereby grant to the Government and to its officers, agents, and employees acting within the scope of their duties, a royalty-free, nonexclusive and irrevocable license throughout the world, to publish, translate, reproduce, deliver, perform, dispose of, and to authorize others to do so, all subject data now or hereafter covered by copyright; provided that, with respect to such subject data not originated in the work furnished under this contract but which is incorporated in the work furnished under this contract, such license shall only be to the extent that the contractor, its employees, or an individual or concern employed or assigned by the contractor to originate and prepare such data under this contract, 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.

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.

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.

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.

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.

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.

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.

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.

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.

1.7.26. Close-Out Package

The Contractor has an obligation to initiate the closeout process with the Government. Within ninety (90) calendar days of contract expiration, the Contractor shall provide to the Contracting Officer the following documents:

• The forms necessary for contract closeout should be requested at the time of the contract expiration from the Contracting Officer.

These forms will require a cost breakdown of revenue and expenditures under the contract, release for accountable property, final indirect cost rate agreements, and other information peculiar to the contract;

• A draft final invoice for final expenses billable to the contract; or

• A check to the Government for overpayments.