Potomac CPFF RFP JE20R00007.pdf

SOLICITATION NUMBER: 1605JE-20-R-00007 Potomac JCC and OA/CTS CPFF RFP

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

AUTHORIZED FOR LOCAL REPRODUCTION Previous edition is unusable

STANDARD FORM 33 (REV,. 9-97) Prescribed by GSA - Far (48 CFR) 53.214 (c)

SOLICITATION, OFFER, AND AWARD 1. THIS CONTRACT IS A RATED ORDER RATING PAGE OF PAGES

Yes No 1

2. CONTRACT NO. 3. SOLICITATION NO. 4. THIS IS A: 5. DATE

ISSUED

6. REQUISITION/PURCHASE NO.

1605JE-20-R-00007 SMALL BUSINESS SET-ASIDE

YES NO

07/06/2020

7. ISSUED BY:

US Department of Labor Division of Job Corps Procurement 200 Constitution Ave, NW Room N-4643 Washington DC 20210

8. ADDRESS OFFER TO (If other than Block 7)

See Provision L.6, Paragraph H (see email address for electronic submission) JC-Procurement-Philly@dol.gov

SOLICITATION

9. Offers in original and 1 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 See Section L.6 until 2:00pm ET local time 8/5/2020 (Hour) (Date)

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

10. FOR INFORMATION A. NAME B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS) CALL: Emily Giardino (215)- 561- 5226

11. TABLE OF CONTENTS

(X) SEC DESCRIPTION PAGE(S) (X) SEC DESCRIPTION PAGE(S)

PART I - THE SCHEDULE

PART II - CONTRACT CLAUSES

A SOLICITATION/CONTRACT FORM I CONTRACT CLAUSES

B SUPPLIES OR SERVICES AND PRICES/COSTS

PART III - LIST OF DOCUMENTS, EXHIBITS, AND OTHER

ATTACHMENTS

C DESCRIPTION/SPECS/WORK STATEMENT J LIST OF ATTACHMENTS

D PACKAGING AND MARKING

PART IV - REPRESENTATIONS AND INSTRUCTIONS

E INSPECTION AND ACCEPTANCE K REPRESENTATIONS,

CERTIFICATIONS, AND

F DELIVERIES OR PERFORMANCE OTHER STATEMENTS OF

OFFERORS

G CONTRACT ADMINISTRATION DATA L INSTRS., CONDS., AND NOTICES TO

OFFERORS

H SPECIAL CONTRACT REQUIREMENTS M EVALUATION FACTORS FOR

AWARD

OFFER (must be fully completed by Offeror)

12. In compliance with the above, the undersigned agree, if this offer is accepted within 365 calendar days from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

13. DISCOUNT FOR PROMPT PAYMENT 10 CALENDAR DAYS 20 CALENDAR DAYS 30 CALENDAR DAYS CALENDAR

DAYS

(See Section I, Clause No. 3.3.1-6) % % % %

14. ACKNOWLEDGMENT OF AMENDMENTS AMENDMENT NO. DATE AMENDMENT 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 ADDRESS

IS DIFFERENT FROM ABOVE - ENTER

SUCH ADDRESS IN SCHEDULE

17. SIGNATURE 18. OFFER

DATE

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED

20. AMOUNT

21. ACCOUNTING AND APPROPRIATION DATA

22. RESERVED 23. 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 AMERICA 28. AWARD

DATE

SOLICITATION NUMBER 1605JE-20-R-00007 Potomac JCC and OA/CTS CPFF

TABLE OF CONTENTS

PART I: THE SCHEDULE

SECTION B. SUPPLIES OR SERVICES AND PRICES/COSTS

SECTION C. STATEMENT OF WORK

SECTION D. PACKAGING AND MARKING

SECTION E. INSPECTION AND ACCEPTANCE

SECTION F. DELIVERIES OR PERFORMANCE

SECTION G. CONTRACT ADMINISTRATION DATA

SECTION H. SPECIAL CONTRACT REQUIREMENTS

SECTION I. CONTRACT CLAUSES AND PROVISIONS

SECTION J. LIST OF ATTACHMENTS

SECTION K. REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS

OF OFFERORS OR RESPONDENTS

SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS OR

RESPONDENTS

SECTION M. - EVALUATION FACTORS FOR AWARD

SECTION B. SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 BACKGROUND

The U.S. Department of Labor, Job Corps has a requirement for operating the Potomac Job Corps Center located at 1 DC Village Lane SW, Washington D.C. 20032.

The North American Industry Classification System (NAICS) code for this acquisition is 611519. The small business size standard is $41.5M.

This solicitation is issued as a total set-aside for non-profit entities. The Department of Labor is restricting competition under the exception identified in FAR Subpart 6.302-5, Authorized by Statute, which permits other than full and open competition when a statute expressly authorizes such. Section 156 of the Workforce Innovation and Opportunities Act (WIOA), Job Corps’ authorizing legislation, allows for Experimental Projects and Technical Assistance. WIOA Section 156 states that the Secretary of the Department of Labor may carry out demonstration projects and may waive any provisions of Subtitle C of WIOA that would prevent the Secretary from carrying out such a project. Accordingly, DOL is utilizing the authority laid out in WIOA Section 156 to carry out this total non-profit set-aside.

The Contractor shall operate the aforementioned Job Corps Center, which includes providing academic, career technical, career success skills, and career development training, and related support services, for a PLANNED On Board Strength (OBS) total of 378 students consisting of 210 residential male students, 160 residential female students, 2 nonresidential male students, and 6 nonresidential female students.

The Contractor shall provide Outreach and Admissions services at a location(s) determined by the contractor to ensure the arrival of a minimum of 870 students into the Job Corps program annually for residential male and female students, and nonresidential male and female students. The Contractor shall undertake all measures and efforts necessary to ensure that the center attains and/or maintains an average monthly OBS equal to 100% of the center’s planned OBS (planned OBS for this Center is set out at Section C.2.B below).

The Contractor shall provide Career Transition Services for all graduates and former enrollees of the center, regardless of where the graduate or former enrollee resides or matriculates. The Contractor shall be responsible for providing CTS services for all graduates and former enrollees within their eligibility period that separated under the prior operator.

For purposes of this procurement, the Contractor should estimate annual inflow of students for providing CTS in accordance with the contractor’s approach to operating this center.

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

B.2. PRICING SCHEDULE

The resulting contract will include Contract Line Item Numbers (CLINs) that are cost reimbursement.

The contract shall include the 1% management fee, which is applied to the center operations CLINs only. The contractor shall also propose fixed fee for each period of performance.

Additional provisions regarding fees are found at G.2 below.

Base Period of Performance: [10/01/2021 – 10/31/2023]

CLIN Supplies/Service QTY Unit Unit Price Amount

Phase In (Cost-reimbursement) 1 MO $ ______________

0002 Center Operations (Cost-reimbursement) 2 YRS $ ______________

0003 Management Fee – 1% of Center Operations 2 YRS $ ______________

0004 Outreach & Admissions (Cost-reimbursement) 2 YRS $ ______________

0005 Career Transition Services (Cost-reimbursement) 2 YRS $ ______________

0006 Fixed Fee

2 YRS $ ______________

0007 Construction, Rehabilitation, and Acquisition (CRA) NTE $ 1,400,000

0008 Equipment

NTE $ 1,000,000

0009 Career Technical Skills Training

NTE $ 300,000

GRAND TOTAL – BASE PERIOD (CLINs 0001 through 0009) $ _____________

OPTION 1 PERIOD OF PERFORMANCE [11/1/2023—10/31/2024]

1002 Center Operations (Cost-reimbursement) 1 YR $ ______________

1003 Management Fee – 1% of Center Operations 1 YR $ ______________

Outreach & Admissions (Cost-reimbursement) 1 YR $ ______________

1005 Career Transition Services (Cost-reimbursement) 1 YR $ ______________

1006 Fixed Fee

1 YR $ ______________

1007 Construction, Rehabilitation, and Acquisition (CRA) NTE $ 700,000

1008 Equipment

NTE $ 500,000

1009 Career Technical Skills Training

NTE $ 150,000

GRAND TOTAL – OPTION PERIOD ONE (CLINs 1002 through 1009) $ _____________

OPTION 2 Period of Performance: [11/01/2024 – 10/31/2025]

2002 Center Operations (Cost-reimbursement) 1 YR $ ______________

2003 Management Fee – 1% of Center Operations 1 YR $_______________

2004 Outreach & Admissions (Cost-reimbursement) 1 YR $ ______________

2005 Career Transition Services (Cost-reimbursement) 1 YR $ ______________

2006 Fixed Fee

2007 Construction, Rehabilitation, and

2008 Equipment

NTE $ 500,000

2009 Career Technical Skills Training

GRAND TOTAL – OPTION PERIOD TWO (CLINs 2002 through 2009) $ _____________

OPTION 3 Period of Performance: [11/01/2025 – 10/31/2026]

PHASE OUT

CLIN SUPPLIES/SERVICE QTY Unit Unit

3010 PHASE-OUT

(Cost-Reimbursement) 1 MO $ ______________

GRAND TOTAL – ALL CLINS AND ALL PERIODS

(0001 THROUGH 3010) $ ______________

3002 Center Operations (Cost-reimbursement) 1 YR $ ______________

3003 Management Fee – 1% of Center Operations 1 YR $ ______________

3004 Outreach & Admissions (Cost-reimbursement) 1 YR $ ______________

3005 Career Transition Services (Cost-reimbursement) 1 YR $ ______________

3006 Fixed Fee

3007 Construction, Rehabilitation, and

3008 Equipment

NTE $ 500,000

3009 Career Technical Skills Training

GRAND TOTAL – OPTION PERIOD THREE (CLINs 3002 through 3009) $ _____________

Price Amount

3002 Center Operations (Cost-reimbursement) 1 YR $ ______________

SECTION C. STATEMENT OF WORK

INTRODUCTION

This Statement of Work sets forth the contract performance requirements for the operation and management of the Potomac Job Corps Center located at 1 DC Village Lane SW, Washington D.C. 20032. The Statement of Work sets forth performance requirements regarding Center Operations, Outreach and Admissions services as well as Post-Center Career Transition Services.

INCORPORATION OF CONTRACTOR’S PROPOSAL AS REQUIREMENTS OF

THE CONTRACT

The contractor’s proposal, including but limited to the technical approach and staff resources section, is incorporated by reference. As a result, the offeror’s proposed technical and staffing approaches, including specific staffing resources, processes, and tasks, which are described in the proposal and which go beyond the minimum requirements stated in the SOW and PRH, shall become requirements.

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 throughout the United States. Job Corps was originally established by the Economic Opportunity Act of 1964; current authorization for the program is the Workforce Innovation and Opportunity Act, Public Law 113-128 (29 U.S.C. Sec. 3101, et.

seq.) (WIOA).

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. Governing Statute, Regulations, and Handbook

The Contractor shall comply with the requirements of WIOA and DOL’s implementing regulations for the Job Corps Program, found at Title 20, Chapter V, Part 686 (“Regulations”). Additional operations and reporting requirements for the Job Corps’ program are found in DOL’s Electronic Policy and Requirements Handbook (PRH). The Contractor shall comply with the PRH, which is hereby incorporated by reference in the Contract.

DOL routinely updates and amends the PRH. The Contractor shall be responsible for complying with all updates and amendments. The PRH is available at:

https://prh.jobcorps.gov/Pages/Home.aspx.

In the event of any direct and irreconcilable conflict between a provision in the PRH and another term of this Contract regarding Job Corps operation and reporting requirements, the contract controls.

PRH, Chapter 5, R.1, R.2 and R.3 are not applicable to FFP contracts and are not contract requirements. Chapter 5, Appendix 502 and Appendix 503 are not applicable to FFP type contracts and are not requirements, this includes all associated Exhibits.

C. Objective

The Contractor shall provide material, services, and all necessary personnel to operate a Job Corps Center (Center). The Contractor shall provide enrolled students, meeting Job Corps’ eligibility criteria, as identified in WIOA and the PRH, 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.

D. Career Technical Training by National Office Contractors

A portion of the career technical training offered in this program may be training provided under separate contracts between the U.S. Department of Labor and one or more national https://prh.jobcorps.gov/Pages/Home.aspx training Contractors (NTCs) under the terms and conditions specified in the Memorandum of Understanding shown in the PRH. (Any training programs operated by NTCs are identified in Section C.2.C of the RFP.)

C.2 SITE SPECIFIC INFORMATION

The Potomac Job Corps Center is located near/in the city of Washington D.C. The property and site are described in the Facility Survey, Vol. 1 and 2, dated January 2019, which is available as an electronic attachment to this RFP in Section J. List of Attachments, Attachment J-9.

A. Youth screened for the Job Corps program shall come from workforce development areas in Washington, D.C.

HARPERS FERRY – 46 arrivals POTOMAC – 650 arrivals WOODLAND – 96 arrivals WOODSTOCK – 78 arrivals

Recruitment Zone DCRZ00 consists of the following Workforce Development Areas:

Washington D.C.

The Contractor shall be expected to recruit and screen sufficient numbers of applicants to generate arrivals in accordance with the delivery schedule in Section F.

B. The center shall operate at a planned, average on-board strength as noted below:

Category Number

Residential Male Students 210

Residential Female Students 160 Subtotal Residential Students 370

Nonresidential Male Students 2

Nonresidential Female Students 6 Subtotal Nonresidential Students 8

Total Planned Average On-Board Strength 378

The Contractor shall continue to pursue activities to ensure OBS levels are maintained in accordance with the contract throughout the contract period. The OBS is a measurement of the contractor’s capacity utilization on the Job Corps centers. An OBS average is a calculation of the center’s capacity utilization over an identified period of time. The Contractor agrees to maintain the OBS level as specified above in Section C.2.B. Center Design. The requirement to operate the Center at 100% OBS applies independently of the annual arrivals requirements. The Contractor is required to deliver enrollees at higher numbers than specified here if that is necessary to attain and/or maintain full capacity (100% OBS) at the Center they are operating

C. Career technical training programs will be offered in accordance with requirements of the Job Corps PRH, as follows:

Career Technical Training Offering

E-TAR Code

Training Slots (0.5)

Advanced Training Transportation Service Worker* TROFC-500-TCU-19 50 Building Construction Technology, Pre-Apprentice* BCONT-100-HBI-15 24 Carpentry, Pre-Apprentice* CARPT-100-UBC-18 20 Cement Masonry, Pre-Apprentice* CMENT-100-NPI-19 20 Culinary Arts CULIN-100-OJC-19 30 Electrical, Pre-Apprentice* ELECT-100-HBI-15 48 Heating, Ventilation, & Air Conditioning (HVAC) HVACC-100-OJC-14 24 Hotel and Lodging HOTEL-100-OJC-13 30 Office Administration OFCAD-100-OJC-17 30 Pharmacy Technician PHARM-100-OJC-19 30 Plumbing PLUMB-100-OJC-14 24 Security and Protective Services SECUR-100-OJC-13 30

TOTAL SLOTS 360

*Indicates programs offered by National Training Contractors (NTCs)

PLEASE NOTE: Delivery of Career Technical Training programs in accordance with PRH is at a location identified by the contractor.

D. The Contractor shall provide Career Transition Services for all graduates and former enrollees of the center, regardless of where the graduate or former enrollee resides or matriculates. The Contractor shall be responsible for providing CTS services for all graduates and former enrollees within their eligibility period that separated under the prior operator.

E. Staff Housing ( is is not available at this center):

If applicable, 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 Circular requires that basic rental rates be set at rates prevailing in the area for similar housing.

The following is a sample description of staff housing provided:

Example: The center has four (4) 1-bedroom apartments and two (2) 3-bedroom ranch style houses available. With the apartments, every two apartments share a laundry room.

Utilities are also included in the rent. The units are available to staff only and are located in the lower portion of the campus (on the outskirts of the center).

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.

F. On-Center Child Care Program ( is is not required):

If 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 the PRH.

Administration of Residential Parent/Child Program ( is is not required):

If 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 the PRH.

G. Phase-In and Phase-Out

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. The incoming contractor will have a phase-in period to become familiar with the 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 once the phase-in period is complete. There will be only one contractor responsible for center operations at any given time. Phase-In preparations shall not cause any unreasonable disruption/interference with the departing contractor's operation. When the new contractor assumes operations, the former contractor shall not cause any unreasonable disruption/interference upon departure.

H. Failure to maintain staffing levels

The contractor shall have a maximum staff vacancy rate not exceeding 4% of the total number of staff positions. In addition, replacement staff for vacancies in the following positions shall be hired within the identified number of calendar days from the date that the position becomes vacant.

Position Calendar Days Center Director 30 Senior Residential Counselor or Advisor 30 Security Personnel 30 Academic Supervisor 30 CTT Instructors 30 Counselors 30 Maintenance Personnel 30 Food Service Personnel 30 Academic Instructors 30 Health and Wellness 30

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 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

52.246-5 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

F.2 TYPE OF CONTRACT

This is a cost-plus fixed-fee contract.

F.3 PERIOD OF PERFORMANCE

Phase In: If appropriate, for the purpose of assuming the responsibility of center operations, the Contractor shall perform necessary phase-in functions from October 1, 2021.

Operations: Center Operations shall commence in accordance with Section B of the contract.

Outreach and Admissions and Career Transition Services: shall commence in accordance with Section B of the contract.

Phase Out: If appropriate, for the purpose of transitioning the responsibility of center operations, the Contractor shall perform necessary phase-out functions commencing at least 30 days prior to the end of the period of performance.

F.4 PLACE OF PERFORMANCE

Identified in Section C of this solicitation.

F.5 DELIVERABLES

In addition to those deliverables required in the PRH, the Contractor shall, when applicable adhere to the following input schedule below:

The requirement to operate the Center at 100% OBS (see Section C.2.B), applies independently of the annual arrivals requirements in these tables. The Contractor is required to deliver enrollees at higher numbers than specified here if that is necessary to attain and/or maintain full capacity (100% OBS) at the Center they are operating

Annual Arrival by Center - Enrollee Assignment Plan

Center Male

Residential Male Non

Residential Female

Residential Female Non Residential Total

Potomac 356 9 270 15 650 Harpers Ferry 31 0 15 0 46 Woodland 60 0 36 0 96 Woodstock 50 0 28 0 78

Grand Total 870

Annual Arrivals by Month

Potomac Harpers Ferry Month Male Female Total Male Female Total January 34 27 61 4 2 6 February 28 22 50 2 1 3 March 31 24 55 3 1 4 April 31 24 55 3 1 4

May 30 24 54 3 1 4

June 29 23 52 2 1 3

July 29 22 51 2 1 3

August 34 27 61 2 1 3

September 31 24 55 4 2 6

October 31 24 55 3 2 5

November 31 24 55 2 1 3

December 26 20 46 1 1 2

Total: 365 285 650 31 15 46

Annual Arrivals by Month

Woodland Woodstock Month Male Female Total Male Female Total January 8 5 13 6 4 10 February 5 3 8 5 3 8 March 5 3 8 4 3 7 April 5 3 8 4 2 6 May 5 3 8 4 2 6

Annual Arrivals by Month

Woodland Woodstock Month Male Female Total Male Female Total June 4 2 6 3 1 4 July 4 2 6 3 1 4 August 4 3 7 4 2 6 September 8 5 13 6 4 10 October 5 3 8 5 3 8 November 4 3 7 4 2 6 December 3 1 4 2 1 8 Total: 60 36 96 50 28 78

F.6 PERFORMANCE MEASURES

The Contractor’s obligations regarding performance outcomes are set out in the PRH. Generally, the Government will measure performance through the program’s performance management system which is comprised of four Outcome Measurement System (OMS) Report Cards. The four Report Cards are Outreach and Admissions (OA) Report Card OAOMS; Center Report Card Center OMS; Career Transition Services (CTS) Report Card (POMS); and Career Technical Training (CTT) Report Card CTT. Each report is designed to reflect results in a specific area of student services and represents a discrete pool of students.

To add to the quantitative components of the performance system, there are additional reports that evaluate center quality, providing an additional view of the program’s performance. These reports are the Student Satisfaction Survey (SSS); Weekly, Monthly and Cumulative On-Board Strength Reports; the Monthly Center Summary Report (MPO 35); and the Contractor Performance Assessment Report (CPAR).

SECTION G. CONTRACT ADMINISTRATION DATA

G.1 DOLAR 2952.201-70 CONTRACTING OFFICER'S REPRESENTATIVE (COR)

CLAUSE

(a) A Contracting Officer's Representative (COR) will be delegated upon award. A copy of the delegation memorandum will be provided to the COR and a delegation letter sent to the vendor.

(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 serves to accomplish the contractual scope of work; evaluating performance; and certifying all invoices/vouchers for acceptance of the supplies or services furnished for payment.

(c) The 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.

(End of clause)

G.2 FEES

Payment of Management Fees:

The contractor will earn a 1% Management Fee for Center Operations ONLY (CLIN XX02), in accordance with WIOA. The Contractor shall bill the Management Fee on a monthly basis.

DOL will reduce the Management Fee, based on changes in OBS, in accordance with Section G.9.

Fixed Fee:

The contractor shall receive a fixed fee of ___% of total direct and indirect costs, excluding fees, CRA equipment, CTST, and demonstration projects.

G.3 INVOICE REQUIREMENTS

DOL-2019-03 Submission of Invoices (August 2019)

A. Applicability

Contracting Officers shall insert this clause in all solicitations and awards. For existing awards, the Contracting Officer will determine whether the contract action should be modified to incorporate the clause.

B. Definitions None

C. Requirements

1. Electronic Invoice Submittal

Invoices for the services/goods provided under this award shall be submitted through the Department of Treasury’s Invoice Processing Platform (IPP) or through the Department of Labor (DOL) Quickpay email system, as directed by the Contracting Officer. IPP is a Federal Government owned and operated website accessible to contractors free of charge.

Information about IPP, including enrollment instructions, are available and should be obtained by the enrolled contractors directly from the Department of Treasury after award.

a. The following instructions apply to Invoices submitted through IPP.Gov or the DOL Quickpay email system:

IPP invoice attachments SHALL NOT exceed the size limit of 10 megabytes (MB) each. However, you may submit multiple attachments of less than 10MB each with the invoices.

i. DO NOT submit an invoice or attachment that uses shading or color.

A. An emailed Portable Document Format (PDF) image cannot have any text that has a background with any color other than white. If the image has a shaded background, it will be converted to black, and the text will be illegible.

B. An emailed Tagged Image File Format (TIFF) image must be black and white.

Quickpay users SHALL: provide a copy of the invoice and any attachments via email to the Contracting Officer’s Representative (COR, at the address specified in the contract.

Quickpay users SHALL NOT: submit more than one attachment per invoice and the attachment shall not exceed 10MB. Any additional attachments will not be recognized.

ii. DO NOT submit more than one invoice at a time.

iii. DO NOT attempt to use the “Recall or Resend” email message feature.

b. Electronic invoices shall be in PDF or TIFF format.

https://labornet.dol.gov/workplaceresources/Procurement/co-notices/2019/www.ipp.gov

2. Paper Invoices shall be submitted via fax or U.S. mail

Paper invoices may be sent vial fax to: 202-693-2862.

Mail paper invoices to:

U.S. Department of Labor Office of Financial Management Operations Division of Client Accounting Services Room S-5526 200 Constitution Avenue, N.W.

Washington, DC 20210

3. General Information Payment due date is to be calculated from the date the invoice is received in accordance with FAR 32.905 and the instructions above.

Inquiries regarding invoices must be emailed to OCFOinvoiceinquiries@dol.gov. The relevant invoice must be attached to the inquiry email and the subject line of the email must state “INQUIRY”, as shown in the following example:

INQUIRY: <Contractor Name>, DOL Agency, <Contract Number, BPA Call or Order Number>, Invoice Number, <Invoice Amount> The contractor SHALL NOT use the DOL electronic invoicing email address for inquiries about any invoice.

Questions

All questions regarding Electronic Invoicing shall be sent to the DOL Office of the Chief Financial Officer (OCFO) at OCFOinvoiceinquiries@dol.gov.

End of Clause

G.4 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 conditions of this contract. All requests for interpretations, modifications, or changes shall be made in writing to the Contracting Officer.

G.5 REMEDIES FOR CONTRACTOR FAILURE TO COMPLY WITH SEPARATION

AND LEAVE REQUIREMENTS

The contractor agrees to comply with the requirements in this Contract and the PRH regarding the separation of students from the program and the authorization and recording of student leave.

A violation of those requirements results in inaccurate enrollment numbers, which in turn leads to inflated payments to the Contractor and other costs to the Government, some of which are difficult-to-quantify opportunity costs.

mailto:OCFOinvoiceinquiries@dol.gov mailto:OCFOinvoiceinquiries@dol.gov

The Contractor agrees that as a remedy for such violations, the Contractor will pay the Government an amount calculated by multiplying the total number of Invalid Days by fifteen percent (15%) of the Student Per Day Amount. The number of Invalid Days is the number of calendar days a student was improperly listed as enrolled (in the reported on-board strength) or granted invalid leave. If multiple students were improperly listed or granted invalid leave, the number of Invalid Days is the sum of such days for each student. The Student Per Day Amount is calculated as set forth in the Table below.

Please note that this clause is also applicable to circumstances where the contractor fails to properly separate a student from the program as a result of student misconduct.

G.6 REMEDIES FOR CONTRACTOR FAILURE TO COMPLY WITH OTHER

ENROLLMENT REQUIREMENTS

The contractor agrees to comply with the 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 OBS). 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 Price (see Section G.5). This “Per Day Price” is then multiplied by the total number of days that the ineligible student was in the program.

If the annual student price 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 OBS.

Calculation of Student Per Day Amount

Period of

Performance

CLIN X002

Total Price for Period

Planned

OBS

Number of

Days in Period of

Performance

Student Per Period

Amount

(CLIN

X002/OBS)

Student Per Day Amount

(Student Per Period

Amount/Number of Days)

Base Period: $ Option Period One:

Option Period Two:

Option Period Three:

Average $

G.7 REMEDIES FOR CONTRACTOR FAILURE TO COMPLY WITH PLACEMENT

REQUIREMENTS

As a remedy for the violation of the requirements of the Contract regarding CTS as identified in the PRH, the contractor agrees to pay the government 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.8 REMEDIES FOR MISREPORTED ACADEMIC AND CAREER TECHNICAL

TRAINING (CTT) CREDITS

As a remedy for the violation of the requirements of the Contract regarding Academic (High School Equivalency and High School Diploma, HSE/HSD) or CTT Completion as identified in the PRH, the contractor agrees to pay the government $200 for each misreported HSE/HSD, $500 for each misreported CTT Completion and $1,200 for each combination.

G.9 INDIRECT COSTS

Indirect cost rates under this contract at the time of award are as follows.

Indirect Cost Base of Allocation Rate for each Contract Year 1 2 3 4 5

G&A

In accordance with contractor’s negotiated and approved Indirect Cost Rate Agreement, also excluding CRA, equipment, and

CTST.

Overhead [ ]Applicable [ ] Not Applicable

Total 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 and FAR 31.7.

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 agency to 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 Audit Agency (CAA), proposals shall be sent to:

Chief, Division of Cost Determination (DCD) U.S. Department of Labor, OASAM 200 Constitution Avenue, N.W., Room S-1510 Washington, D.C. 20210 Tel. (202) 693-4100 http://www.dol.gov/oasam/boc/dcd/contact.htm http://www.dol.gov/oasam/boc/dcd/contact.htm

G.10 SERVICE ORDERS

The government will place service orders for services and equipment under CLINS XX06 (CRA), XX07 (Equipment), and XX08 (CTST). Service orders will be placed via modification to the contract and only the contracting officer is authorized to issue such service orders via modification. Service orders shall be cost-reimbursement, unless otherwise specified by the contracting officer. Each service order will have its own number in accordance with the following number system:

a) Contract year is a two-digit number: 01 (1st year of base period), 02 (2nd year of base period), 03 (option period one), 04 (option period two), 05 (option period three), 06 (option to extend services);

b) Sequential Order Number is a four-digit sequential counter of the number of orders in that contract year; and,

c) Order Type is the order designation – CRA, EQU (Equipment) or CTST.

d) For CRA orders, the deficiency ID#.

For example, the first service order placed during the first year of base period for a CRA project would be numbered 01-0001-CRA-12345.

When a service order is placed, it will have a specified fixed price or estimated amount if the contracting officer determines that the service order must be cost reimbursement because the price cannot reasonably be determined prior to award.

G.11 FAILURE TO COMPLY WITH CONTRACT TERMS

The contractor shall be held liable for failure to comply with the terms of this 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 (May 2014) Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity 52.203-10 (May 2014) Price or Fee Adjustment for Illegal or Improper Activity

G.12 PAYMENT BY ELECTRONIC FUNDS TRANSFER – 52.204-7 System for Award Management.

SYSTEM FOR AWARD MANAGEMENT (OCT 2018)

(a) Definitions. As used in this provision—

“Electronic Funds Transfer (EFT) indicator” means a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the commercial, nonprofit, or Government entity to establish additional System for Award Management records for identifying alternative EFT accounts (see subpart 32.11) for the same entity.

“Registered in the System for Award Management (SAM)” means that—

(1) The Offeror has entered all mandatory information, including the unique entity identifier and the EFT indicator, if applicable, the Commercial and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see subpart 4.14), into the SAM;

(2) The offeror has completed the Core, Assertions, and Representations and Certification, and Points of contact sections of the registration in the SAM;

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The Offeror will be required to provide consent for TIN validation to the Government as a part of the SAM registration process.

(4) The Government has marked the record “Active”.

“Unique entity identifier” means a number or other identifier used to identify a specific commercial, nonprofit, or Government entity. See www.sam.gov for the designated entity for establishing unique entity identifiers.

(b)

(1) An Offeror is required to be registered in SAM when submitting an offer or quotation, and shall continue to be registered until time of award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “Unique Entity Identifier” followed by the unique entity identifier that identifies the Offeror’s name and address exactly as stated in the offer. The Offeror also shall enter its EFT indicator, if applicable. The unique entity identifier will be used by the Contracting Officer to verify that the Offeror is registered in the SAM.

(c) If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for establishment of the unique entity identifier directly to obtain one. The Offeror should be prepared to provide the following information:

(1) Company legal business name.

(2) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(3) Company physical street address, city, state and Zip Code.

(4) Company mailing address, city, state and Zip Code (if separate from physical).

http://www.sam.gov/ http://www.sam.gov/

(5) Company telephone number.

(6) Date the company was started.

(7) Number of employees at your location.

(8) Chief executive officer/key manager.

(9) Line of business (industry).

(10) Company Headquarters name and address (reporting relationship within your entity).

(d) Processing time should be taken into consideration when registering. Offerors who are not registered in SAM should consider applying for registration immediately upon receipt of this solicitation. See https://www.sam.gov for information on registration.

(End of Provision)

G.13 FAILURE TO COMPLY WITH SIGNIFICANT INCIDENT REPORTING AND

MANAGEMENT REQUIREMENTS

The contractor understands and agrees that the requirements to timely report and manage significant incidents as set forth in the PRH are material requirements of this contract. If the contractor fails to comply with those requirements, the government may seek appropriate remedies, which may include withholding of payment, the assessment of damages for breach of contract, and the termination of the contract for default. Failure to comply with significant incident reporting and management requirements may also lead to poor ratings in the contractor’s performance assessment reports and may, in certain cases, warrant referral of the contractor for suspension and/or debarment action. The failure to comply with these requirements also may give rise to liability for damages incurred by third parties, in which case the contractor agrees to indemnify and hold harmless the government against any such claims and related costs.

G.14 52.203-19 – PROHIBITION ON REQUIRING CERTAIN INTERNAL

CONFIDENTIALITY AGREEMENTS OR STATEMENTS (JAN 2017)

(a) Definitions. As used in this clause--

“Internal confidentiality agreement or statement” means a confidentiality agreement or any other written statement that the contractor requires any of its employees or subcontractors to sign regarding nondisclosure of contractor information, except that it does not include confidentiality agreements arising out of civil litigation or confidentiality agreements that contractor employees or subcontractors sign at the behest of a Federal agency.

https://www.sam.gov/

“Subcontract” means any contract as defined in subpart 2.1 entered into by a subcontractor to furnish supplies or services for performance of a prime contract or a subcontract. It includes but is not limited to purchase orders, and changes and modifications to purchase orders.

“Subcontractor” means any supplier, distributor, vendor, or firm (including a consultant) that furnishes supplies or services to or for a prime contractor or another subcontractor.

(b) The Contractor shall not require its employees or subcontractors to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting waste, fraud, or abuse related to the performance of a Government contract to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information (e.g., agency Office of the Inspector General).

(c) The Contractor shall notify current employees and subcontractors that prohibitions and restrictions of any preexisting internal confidentiality agreements or statements covered by this clause, to the extent that such prohibitions and restrictions are inconsistent with the prohibitions of this clause, are no longer in effect.

(d) The prohibition in paragraph (b) of this clause does not contravene requirements applicable to Standard Form 312 (Classified Information Nondisclosure Agreement), Form 4414 (Sensitive Compartmented Information Nondisclosure Agreement), or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(e) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015, (Pub. L. 113-235), and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions) use of funds appropriated (or otherwise made available) is prohibited, if the Government determines that the Contractor is not in compliance with the provisions of this clause.

(f) The Contractor shall include the substance of this clause, including this paragraph (f), in subcontracts under such contracts.

G.15 DOL 2018-03 RECORDS MANAGEMENT REQUIREMENTS (AUGUST 2018)

The Contracting Officer shall insert this clause in all solicitations and awards in which the Contractor creates, works with, or otherwise handles Federal records, as defined in Section B, regardless of the medium in which the record exists.

B. Definitions http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/FAR02.doc#s21

"Federal record" as defined in 44 U.S.C. 3301, includes all recorded information, regardless of form or characteristics, made or received by a Federal agency under Federal law or in connection with the transaction of public business and preserved or appropriate for preservation by that agency or its legitimate successor as evidence of the organization, functions, policies, decisions, procedures, operations, or other activities of the United States Government or because of the informational value of data in them.

The term Federal record:

1. Includes Department of Labor (DOL) records.

2. Does not include personal materials.

3. Applies to records created, received, or maintained by Contractors pursuant to their DOL contract.

4. May include deliverables and documentation associated with deliverables.

C. Requirements

1. Contractor shall comply with all applicable records management laws and regulations, as well as National Archives and Records Administration (NARA) records policies, including but not limited to the Federal Records Act (44 U.S.C. chs. 21, 29, 31, 33), NARA regulations at 36 CFR Chapter XII Subchapter B, and those policies associated with the safeguarding of records covered by the Privacy Act of 1974 (5 U.S.C. 552a). These policies include the preservation of all records, regardless of form or characteristics, mode of transmission, or state of completion.

2. In accordance with 36 CFR 1222.32(b), all data created for Government use and delivered to, or falling under the legal control of, the Government are Federal records subject to the provisions of 44 U.S.C. chapters 21, 29, 31, and 33, the Freedom of Information Act (FOIA) (5 U.S.C. 552), as amended, and the Privacy Act of 1974 (5 U.S.C. 552a), as amended and must be managed and scheduled for disposition only as permitted by statute or regulation.

3. In accordance with 36 CFR 1222.32, Contractor shall maintain all records created for Government use or created in the course of performing the contract and/or delivered to, or under the legal control of the Government and must be managed in accordance with Federal law. Electronic records and associated metadata must be accompanied by sufficient technical documentation to permit understanding and use of the records and data.

4. DOL and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation.

Records may not be removed from the legal custody of DOL or destroyed except for in accordance with the provisions of the applicable agency schedules and with the written concurrence of the Head of the Contracting Activity in consultation with the Agency Records Officer.