1605JE-22-R-00003 Miami JCC RFP Amendment 0001.pdf

(x)

1605JE-22-R-00003

x x

1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted ; or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGEMENT TO BE RECEIVED AT

THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted , such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

x

Washington DC 20210

JCAS

N-4643 200 Constitution Ave, NW Job Corps Acquisition Services US Department of Labor

12/30/20210001

13. THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTS/ORDERS. IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

12. ACCOUNTING AND APPROPRIATION DATA (If required) is not extended.is extended, Items 8 and 15, and returning

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended , by one of the following methods: (a) By completing

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

FACILITY CODE CODE

10B. DATED (SEE ITEM 13)

10A. MODIFICATION OF CONTRACT/ORDER NO.

9B. DATED (SEE ITEM 11)

9A. AMENDMENT OF SOLICITATION NO.

CODE

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code)

7. ADMINISTERED BY (If other than Item 6)CODE 6. ISSUED BY

PAGE OF PAGES

4. REQUISITION/PURCHASE REQ. NO.3. EFFECTIVE DATE2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO. (If applicable)

1. CONTRACT ID CODE

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

12/15/2021

CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority) appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

E. IMPORTANT: Contractor is not, is required to sign this document and return __________________ copies to the issuing office.

ORDER NO. IN ITEM 10A.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

The purpose of this amendment, to Solicitation 1605JE-22-R-00003 for the Miami Job Corps

Center with Outreach & Admissions and Career Transition Services, is to provide the Q&A with applicable updated J-12 and J-28 attachments, incorporate by reference FAR clause

52.204-14 Service Contract Reporting Requirements to Section I, replace in full text the updated FAR clause 52.204-8 Annual Representations and Certifications at Section K.1, and provide additional Job Corps Acquisition Services (JCAS) Contractor Guidance.

The date and time for receipt of proposals has not been extended. Proposals are due January

27, 2022 at 2:00 PM, EST. This concludes the Questions and Answers, as no more questions will be accepted. All other terms and conditions remain unchanged.

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)15A. NAME AND TITLE OF SIGNER (Type or print)

15C. DATE SIGNED 16B. UNITED STATES OF AMERICA 15B. CONTRACTOR/OFFEROR 16C. DATE SIGNED

(Signature of person authorized to sign) (Signature of Contracting Officer)

Hameena L. Heard

STANDARD FORM 30 (REV. 10-83)

Prescribed by GSA

FAR (48 CFR) 53.243

NSN 7540-01-152-8070

Previous edition unusable

Except as provided herein, all terms and conditions of the document referenced in Item 9 A or 10A, as heretofore changed, remains unchanged and in full force and effect .

TEL: EMAIL: 404-302-5329 HEARD.HAMEENA.L@DOL.GOV

Solicitation Number: 1605JE-22-R-00003 Miami JCC and OA/CTS Combination FFP RFP October 2021

I.11 FAR 52.252-4 ALTERATIONS IN CONTRACT (APR 1984)

Portions of this contract are altered as follows:

1. Add the following clause:

“SECTION I

I.1 FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

FAR Clause 52.204-14 Service Contract Reporting Requirements (Oct 2016)

2. Replace K.1 FAR 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (SEP 2021) with the following:

FAR 52.204-8 Annual Representations and Certifications (Nov 2021)

(a) (1) The North American Industry Classification System (NAICS) code for this acquisition is 611519.

(2) The small business size standard is $41.5M.

(3) The small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees if the acquisition—

(i)Is set aside for small business and has a value above the simplified acquisition threshold;

(ii)Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or

(iii)Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

(b) (1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the provision at 52.204-7, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes:

(i) □ Paragraph (d) applies.

(ii) □ Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c) (1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless–

Solicitation Number: 1605JE-22-R-00003 Miami JCC and OA/CTS Combination FFP RFP October 2021

(A) The acquisition is to be made under the simplified acquisition procedures in part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation. This provision applies to all solicitations.

(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.

(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that-

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(vi) 52.204-26, Covered Telecommunications Equipment or Services-Representation. This provision applies to all solicitations.

(vii) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations-Representation.

(viii) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(ix) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.

(x) 52.214-14, Place of Performance-Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(xi) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(xii) 52.219-1, Small Business Program Representations (Basic, Alternates I, and II). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

Solicitation Number: 1605JE-22-R-00003 Miami JCC and OA/CTS Combination FFP RFP October 2021

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(C) The provision with its Alternate II applies to solicitations that will result in a multiple-award contract with more than one NAICS code assigned.

(xiii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

(xiv) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xv) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xvi) 52.222-38, Compliance with Veterans’ Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial products or commercial services.

(xvii) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA–designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

(xviii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA–designated items.

(xix) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals- Representation. This provision applies to solicitations that include the clause at 52.204-7.)

(xx) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xxi) 52.225-4, Buy American-Free Trade Agreements-Israeli Trade Act Certificate. (Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225-3.

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.

(C) If the acquisition value is $50,000 or more but is less than $83,099, the provision with its Alternate II applies.

(D) If the acquisition value is $83,099 or more but is less than $100,000, the provision with its Alternate III applies.

(xxii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.

Solicitation Number: 1605JE-22-R-00003 Miami JCC and OA/CTS Combination FFP RFP October 2021

(xxiii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan- Certification. This provision applies to all solicitations.

(xxiv) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-Representation and Certifications. This provision applies to all solicitations.

(xxv) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.

(2) The following representations or certifications are applicable as indicated by the Contracting Officer:

[Contracting Officer check as appropriate.]

__ (i) 52.204-17, Ownership or Control of Offeror.

__ (ii) 52.204-20, Predecessor of Offeror.

__ (iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

__ (iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment- Certification.

__ (v) 52.222-52, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Certification.

__ (vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA–Designated Products (Alternate I only).

__ (vii) 52.227-6, Royalty Information.

__ (A) Basic.

__ (B) Alternate I.

__ (viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The offeror has completed the annual representations and certifications electronically in SAM website accessed through https://www.sam.gov. After reviewing the SAM information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201);

except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR Clause # Title Date Change

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM.

(End of provision)

U.S. Department of Labor Office of the Senior Procurement Executive Office of Assistant Secretary for Management and Administration

Washington, D.C. 20210

Guidance #: 2021-01 Revision #:

Issue date: April 1, 2021 Effective date: April 1, 2021

JOB CORPS ACQUISITION SERVICES CONTRACTOR GUIDANCE

SUBJECT: Authority to Commit/Obligate the Government

PURPOSE

The purpose of this document is to remind contractors that only a Contracting Officer (CO) has the authority to commit/obligate the government and to reiterate the importance of following proper communication channels when addressing contract matters, especially those that may result in a change to contract terms and conditions.

APPLICABILITY

This guidance is applicable to all contractors performing under Job Corps center operations contracts.

EFFECTIVE DATE

The procedures outlined herein shall be effective upon issuance and will be followed until superseded or canceled.

GUIDANCE

The COVID-19 pandemic has brought considerable change and uncertainty. I commend all Job Corps center operators for your flexibility during this unprecedented time, and your continued commitment to serving the thousands of young people enrolled in the Job Corps program. While COVID-19 has required us all to think outside of the box and to be flexible to change, I want to take this opportunity to stress that we must all continue to act in accordance with the established terms and conditions of your respective contract(s) as you execute Job Corps program requirements.

The Federal Acquisition Regulation 1.601(a) dictates that contracts may be entered into and signed on behalf of the Government only by COs. Contract matters encompass everything from the contractor’s obligations under the contract (i.e. the statement of work, Program Requirements Handbook (PRH), etc.), to other terms and conditions, and cost matters.

The Contracting Officer’s Representative (COR) plays an important role. The COR is the technical expert who oversees the contractor’s performance and provides technical guidance to the contractor in the form of interpretation of program requirements and policies to ensure that the PRH, i.e. the contract Statement of Work, and other contract terms and conditions are met.

However, it is important to know that the COR may not take any action, either directly or indirectly that could result in a change in cost, quantity, quality, place of performance, delivery schedule, or any other terms or conditions of the contract; only the CO can take these contractual actions. Your contract clause (DOLAR 2952.201-70, Contracting Officer’s Representative (COR)), explains the COR’s authority and provides important direction to the contractor. I would like to point out a portion of the clause that states:

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.

There cannot be a breakdown of this protocol, as it would put non-Contracting Officers at risk and would also put you, the contractor, at risk. Some contractors have expressed a belief that only changes that result in an increase in the total estimated cost of a contract require CO approval. This is legally incorrect.

I strongly recommend that you address performance matters with both the COR and the CO.

That way, if the matter involves the interpretation of an existing program requirement, the COR can quickly resolve the matter. But, if the matter requires a change to the technical requirements or other contract terms, the CO can quickly weigh-in and provide the required direction. You may always ‘cc’ the Job Corps Regional Director or any other program official concerning contract-related issues, but the communication must always be to, and reside with, the CO and the COR; relying on communication from anyone other than the CO and COR is doing so at your risk.

Consequences for failing to follow the terms and conditions of your contract may be significant. The Department may elect to not ratify an unauthorized commitment when there is evidence that a contractor acted as a result of direction from someone who lacked authority to commit the government. In addition, your COR and CO may hold you accountable in your Contractor Past Performance Assessment Report for failing to adhere to the terms and conditions of your contract, which may then impact your success is realizing future awards.

POINT OF CONTACT

If you have any questions concerning this guidance, please contact your CO.

JILLIAN MATZ

Senior Director, Job Corps Acquisition Services

2021-04-01T10:25:07-0400

JILLIAN MATZ

Guidance #: 2021-02 Revision #:

Issue date: April 1, 2021 Effective date: April 1, 2021

SUBJECT: Fixed Price Outreach and Admissions and Career Transition Services

PURPOSE

The purpose of this document is to provide contractors with guidance regarding approval and reporting mechanisms for fixed price Outreach and Admissions (OA) and Career Transition Services (CTS). This guidance seeks to ensure consistency in reporting among contractors and in the expectations of Contracting Officer’s Representatives and Contracting Officers.

APPLICABILITY

This guidance is applicable to Job Corps center operations contracts under which center operations is under a cost reimbursement type CLIN or hybrid cost/fixed price type CLIN. With regards to fixed price type contracts awarded after May 2020, contractors are not required to report data in a 2110; therefore, this guidance is not applicable to them.

EFFECTIVE DATE

The procedures outlined herein shall be effective upon issuance and will be followed until revised or canceled. Please also note that the Office of Job Corps is in the process of making a change to the PRH to bring the PRH in alignment with this guidance. This guidance is meant to provide stop gap resolution until the PRH change is effective.

GUIDANCE

REPORTING FIXED PRICE OA AND CTS IN THE 2110

Contractors shall continue to report OA and CTS prices invoiced in the 2110 report.

Contractors shall report the total fixed monthly price for OA in 2110 line 1 – OA Personnel Expense. Contractors shall report the total fixed monthly price for CTS in line 1 – CTS Personnel Expense. The contractually agreed upon monthly billing rate will become the basis for both the budgeted amount and the actual amounts. The monthly billing rate for fixed price CLINs is generally equal to 1/12 of the yearly contract price.

STAFF INCENTIVES

Contractors are not required to submit staff incentive plans for fixed price OA and CTS, as called for in the Program Requirements Handbook, Chapter 5, Management Services, Exhibit 5-2.

If you have any questions concerning this guidance, please contact your Contracting Officer.

Senior Director, 2021-04-01T10:27:09-0400

JILLIAN MATZ

Guidance #: 2021-03

Revision #: 01

Issue date: September 21, 2021

Effective date: September 21, 2021

SUBJECT: STUDENT LOANER EQUIPMENT AND TRANSITION PAY

PURPOSE

The purpose of this document is to reiterate contract requirements regarding the handling of student loaner equipment and student transition pay, and to inform contractors of possible consequences for failing to properly handle such matters.

The purpose of Revision 01 of this document is to provide additional guidance regarding the replacement of loaner equipment that is lost or stolen.

APPLICABILITY

This guidance is applicable to all Job Corps center operations contracts.

EFFECTIVE DATE

The guidance outlined herein shall be effective upon issuance and will be followed until revised or canceled.

In accordance with Program Instruction Notice (PIN) 20-06, Center operators have a responsibility to safeguard and monitor student loaner equipment in a responsible manner. If any student loaner equipment is lost, stolen, damaged, or simply not returned, the center must make a determination whether the damage or loss was due to intentional conduct of the student. If so, the student will repay that debt by reimbursement through pay period deductions against the student’s personal allowance not to exceed 50 percent per pay period, and any balance remaining at the student’s time of separation is to be deducted from the student’s transition payment. PIN

20-06 requires center staff to enter appropriate information in CIS and deduct funds from the student transition payment when appropriate.

Therefore, operators must ensure that disbursements of transition pay are not made until either:

(1) The operator has received the device/s and any periphery from the student; or

(2) The transition pay is offset by the amount of the unreturned device/s and/or periphery, in accordance with PIN 20-06.

These requirements do not apply in cases where the student has provided documentation to prove that loss of the property was outside of the student’s control and, therefore, the student is not liable.

Operators who make disbursements of student transition pay without recovering the equipment or offsetting pay are liable for loss suffered by the government, which is equal to the value of the device/s and/or periphery.

Additionally, all purchases for device/s and/or periphery will be made directly by the

Department of Labor. Operators who estimate that additional laptops or periphery are necessary should inform and coordinate such requests with their Contracting Officer’s

Representative (COR) and the Job Corps Data Center.

Centers will only be eligible to receive additional DOL purchased Chromebooks if they have accurately maintained their inventory in EPMS.

All funds recouped from student debts remain in the SPAMIS account for student payroll and will not be used by contractors for the purpose of purchasing/replacing student loaner equipment. Any purchases for laptops or periphery that have already been made are reimbursable under the equipment line of the contract. Accordingly, contractors who are seeking reimbursement for purchases already made should submit the receipt(s) to their COR so that the COR can submit a requisition for the cost of the laptop and/or periphery to be funded on the contract and so that the contractor can then be reimbursed.

Because all reimbursements for laptops and periphery purchased by contractors will be reimbursed through the center operations contract and not through SPAMIS, DOL will go through the process of offsetting funding that has already been provided through SPAMIS for the purpose of loaner equipment. Offsetting will mean that whatever amount DOL deposited in the center’s SPAMIS account for the purpose of laptop and periphery replacement shall instead be used by the center operator for student payroll, which is the primary purpose of the SPAMIS account. DOL will recoup SLED funds from centers by reducing future payroll biweekly ACH transfers until all funds advanced to centers for SLED reimbursements have been “returned” to the JCDC payroll account.

If you have any questions concerning this guidance, please contact your CO and COR.

Rachel Torres

National Director of Job Corps

Jillian Matz

Head of Contracting Activity

2021-09-21T09:41:33-0400

JILLIAN MATZ

2021-09-21T10:37:56-0400

Rachel Torres

Guidance #: 2021-03

Issue date: June 23, 2021 Effective date: June 23, 2021

SUBJECT: STUDENT LOANER EQUIPMENT AND TRANSITION PAY

PURPOSE

The purpose of this document is to reiterate contract requirements regarding the handling of student loaner equipment and student transition pay, and to inform contractors of possible consequences for failing to properly handle such matters.

APPLICABILITY

This guidance is applicable to all Job Corps center operations contracts.

EFFECTIVE DATE

The guidance outlined herein shall be effective upon issuance and will be followed until revised or canceled.

GUIDANCE

In accordance with Program Instruction Notice (PIN) 20-06, Center operators have a responsibility to safeguard and monitor student loaner equipment in a responsible manner. If any student loaner equipment is lost, stolen, damaged, or simply not returned, the center must make a determination whether the damage or loss was due to intentional conduct of the student. If so, the student will repay that debt by reimbursement through pay period deductions against the student’s personal allowance not to exceed 50 percent per pay period, and any balance remaining at the student’s time of separation is to be deducted from the student’s transition payment. PIN 20-06 requires center staff to enter appropriate information in CIS and deduct funds from the student transition payment when appropriate.

Therefore, operators must ensure that disbursements of transition pay are not made until either:

(1) The operator has received the device/s and any periphery from the student; or

(2) The transition pay is offset by the amount of the unreturned device/s and/or periphery, in accordance with PIN 20-06.

These requirements do not apply in cases where the student has provided documentation to prove that loss of the property was outside of the student’s control and, therefore, the student is not liable.

Operators who make disbursements of student transition pay without recovering the equipment or offsetting pay are liable for loss suffered by the government, which is equal to the value of the device/s and/or periphery.

Additionally, all purchases for device/s and/or periphery will be made directly by the Department of Labor. Operators who estimate that additional laptops or periphery are necessary should inform and coordinate such requests with their Contracting Officer’s Representative and the Job Corps Data Center.

2021-06-23T10:12:52-0400

JILLIAN MATZ

Guidance #: 2021-04 Revision #: 1 Issue date: August 10, 2021 Effective date: August 10, 2021

SUBJECT: STAFF SALARIES AND VACANCY REPORTING TOOL/FIXED PRICE

2110S

PURPOSE

The purpose of this document is to provide additional guidance to contractors regarding the submission of the Vacancy and Staff Salaries Reporting Tool, which is also referred to as the Fixed Price version of the 2110S.

APPLICABILITY

This guidance is applicable to all fixed price type Job Corps center operations contracts awarded after May 14, 2020.

EFFECTIVE DATE

The guidance outlined herein shall be effective upon issuance and will be followed until revised or canceled.

Failure to Maintain Staffing Levels

All fixed price type Job Corps center operations contracts contain a Failure to Maintain Staffing Levels clause in Section C. This clause requires the contractor to fill certain identified positions within a 45 day time limit. It also requires the contractor to not exceed a 4% maximum vacancy rate. To assist the Contracting Officer’s Representative (COR) and the Contracting Officer (CO) in enforcing this clause, contractors are required to submit the vacancy information section in the Wage Comparability tool on 10th day of every month.

Additional guidance regarding how the contractor should report vacancy information is as follows:

• A filled vacancy is defined as the candidate is selected, has accepted and is onboard (i.e.

reporting for duty).

• Substitutes, temporary staff, and corporate fill-ins do not constitute a filled position.

• The contractor shall report all staff to include prime and subcontractor staff at any tier.

• National Training Contractor shall not be reported, as they are not employed under the center operations contract.

• Substitute staff and student workers can be listed as always filled.

• The Attachment J-4, Staffing Chart, from the contractor’s successful Business

Management Proposal, will serve as the baseline for the Authorized FTE Positions Column of the report. If a contractor is implementing changes to their staff structure (as the result of a contract change order or of the contractor’s own choice), the contractor must first inform their COR and CO, and present the revised staffing chart which will then become the basis for the contractor’s report submission. While approval is not required, the government has the right to express concerns that a particular change in staffing may negatively impact the technical quality offered by the contractor in its proposal.

• All staff are to be reported, to include operations, Outreach & Admissions, and Career Transition Services

Wage Comparability

All fixed price type Job Corps center operations contracts also contain a Wage Comparability clause in Section H. This clause requires the contractor to carefully consider the wages and other benefits offered to staff and candidates for employment and ensure those wages and benefits are adequate to attract and maintain a qualified and stable workforce. It is the contractor’s responsibility to be familiar with the local area labor market and the wages and benefits that prevail in that market when recruiting for occupations that are critical to the performance and operation of the contract. To assist the COR and CO in enforcing this clause, contractors are required to submit the salary information section in the Wage Comparability tool (see attached) by the 10th of July, October, January and April every calendar year. Subcontract salary information is required and the Department of Labor (DOL) recognizes that this information may be proprietary in nature. For that reason, subcontractors may submit their salary report directly to the Points of Contact identified in the contract. Because DOL is requesting this information for the purpose of ensuring that the prime contractor and all subcontractors are compensating staff adequately to attract and maintain a qualified and stable workforce, not for the purpose of reimbursement, all subcontractor salary information should be reported, even if the subcontract is fixed price type.

Additional guidance regarding how the contractor should report information is as follows:

• National Training Contractor staff salaries shall not be reported, as they are not employed under the center operations contract.

• All positions should mirror what was submitted in the Staffing Chart. Accordingly, if the Staffing Chart split the time of one individual amongst different operations functions such as WBL/BCL or Counseling/CPP, the contractor should continue to express that function as a fraction of an FTE on the report. The salary should be annualized, but DOL will recognize that it may be a .5 FTE performing that function.

• All staff salaries should be annualized for the purpose of the report. The contractor’s designation of .5 FTE or .25 FTE will let DOL know the level of effort.

• Fringe benefits should include employee benefits that are provided above and beyond the salary, such as health insurance, vacation time, sick leave, and any other employee benefits described in the contractor’s Business Management Proposal.

• Contractors shall report the actual fringe benefits provided, not the wage determination fringe benefits.

• The contractor may simplify reporting fringe benefit information by providing the average fringe benefit rate, rather than providing each employee’s actual fringe benefit rate.

• Upon receipt of the contractor’s report, DOL intends to analyze the salary information provided by the contractor against other known salary data such as Bureau of Labor Statistics wage studies, the contractor’s supporting documentation that was provided in its winning Business Management Proposal, or other available salary data. This comparison will form the basis of any conversations that the CO or COR may then have with the contractor regarding concerns with the adequacy of compensation. In all cases, the contractor will be given the opportunity to justify/support its compensation levels.

• DOL recognizes that Job Corps position titles in the Universal List of Titles do not necessarily correlate with BLS positions. The contractor should report titles as must as possible using the Universal List.

• Contractors must utilize the drop down for the position titles from the spread sheet.

Copying and pasting in positions is not permitted.

2021-08-10T11:46:40-0400

JILLIAN MATZ

Guidance #: 2021-04

Issue date: July 2, 2021 Effective date: July 2, 2021

SUBJECT: STAFF SALARIES REPORTING TOOL/FIXED PRICE 2110S

PURPOSE

The purpose of this document is to provide additional guidance to contractors regarding the submission of the Vacancy and Staff Salaries Reporting Tool, which is also referred to as the Fixed Price version of the 2110S.

APPLICABILITY

This guidance is applicable to all fixed price type Job Corps center operations contracts awarded after May 14, 2020.

EFFECTIVE DATE

The guidance outlined herein shall be effective upon issuance and will be followed until revised or canceled.

Failure to Maintain Staffing Levels

All fixed price type Job Corps center operations contracts contain a Failure to Maintain Staffing Levels clause in Section C. This clause requires the contractor to fill certain identified positions within a 45 day time limit. It also requires the contractor to not exceed a 4% maximum vacancy rate. To assist the Contracting Officer’s Representative (COR) and the Contracting Officer (CO) in enforcing this clause, contractors are required to submit the vacancy information section in the Wage Comparability tool on 10th day of every month.

Additional guidance regarding how the contractor should report vacancy information is as follows:

• A filled vacancy is defined as the candidate is selected, has accepted and is onboard (i.e.

reporting for duty).

• Substitutes, temporary staff, and corporate fill-ins do not constitute a filled position.

• The contractor shall report all staff to include prime and subcontractor staff at any tier.

• National Training Contractor shall not be reported, as they are not employed under the center operations contract.

• Substitute staff and student workers can be listed as always filled.

• The Attachment J-4, Staffing Chart, from the contractor’s successful Business

Management Proposal, will serve as the baseline for the Authorized FTE Positions Column of the report. If a contractor is implementing changes to their staff structure (as the result of a contract change order or of the contractor’s own choice), the contractor must first inform their COR and CO, and present the revised staffing chart which will then become the basis for the contractor’s report submission. While approval is not required, the government has the right to express concerns that a particular change in staffing may negatively impact the technical quality offered by the contractor in its proposal.

• All staff are to be reported, to include operations, Outreach & Admissions, and Career Transition Services

Wage Comparability

All fixed price type Job Corps center operations contracts also contain a Wage Comparability clause in Section H. This clause requires the contractor to carefully consider the wages and other benefits offered to staff and candidates for employment and ensure those wages and benefits are adequate to attract and maintain a qualified and stable workforce. It is the contractor’s responsibility to be familiar with the local area labor market and the wages and benefits that prevail in that market when recruiting for occupations that are critical to the performance and operation of the contract. To assist the COR and CO in enforcing this clause, contractors are required to submit the salary information section in the Wage Comparability tool (see attached) by the 10th of July, October, January and April every calendar year. Subcontract salary information is required and the Department of Labor (DOL) recognizes that this information may be proprietary in nature. For that reason, subcontractors may submit their salary report directly to the Points of Contact identified in the contract. Because DOL is requesting this information for the purpose of ensuring that the prime contractor and all subcontractors are compensating staff adequately to attract and maintain a qualified and stable workforce, not for the purpose of reimbursement, all subcontractor salary information should be reported, even if the subcontract is fixed price type.

Additional guidance regarding how the contractor should report information is as follows:

• National Training Contractor staff salaries shall not be reported, as they are not employed under the center operations contract.

• All positions should mirror what was submitted in the Staffing Chart. Accordingly, if the Staffing Chart split the time of one individual amongst different operations functions such as WBL/BCL or Counseling/CPP, the contractor should continue to express that function as a fraction of an FTE on the report. The salary should be annualized, but DOL will recognize that it may be a .5 FTE performing that function.

• All staff salaries should be annualized for the purpose of the report. The contractor’s designation of .5 FTE or .25 FTE will let DOL know the level of effort.

• Fringe benefits should include employee benefits that are provided above and beyond the salary, such as health insurance, vacation time, sick leave, and any other employee benefits described in the contractor’s Business Management Proposal.

• Contractors shall report the actual fringe benefits provided, not the wage determination fringe benefits.

• The contractor may simplify reporting fringe benefit information by providing the average fringe benefit rate, rather than providing each employee’s actual fringe benefit rate.

• Upon receipt of the contractor’s report, DOL intends to analyze the salary information provided by the contractor against other known salary data such as Bureau of Labor Statistics wage studies, the contractor’s supporting documentation that was provided in its winning Business Management Proposal, or other available salary data. This comparison will form the basis of any conversations that the CO or COR may then have with the contractor regarding concerns with the adequacy of compensation. In all cases, the contractor will be given the opportunity to justify/support its compensation levels.

• DOL recognizes that Job Corps position titles in the Universal List of Titles do not necessarily correlate with BLS positions. The contractor should report titles as must as possible using the Universal List.

• Contractors may remove the drop down for the position titles from the spread sheet, but are asked to stick as much as possible to titles in the Universal List.

2021-07-02T17:58:24-0400

JILLIAN MATZ

Guidance #: 2021-05 Revision #: 01 Issue date: September 1, 2021 Effective date: September 1, 2021

SUBJECT: DOL CONTRACTOR VACCINATION STATUS

PURPOSE

The purpose of this document is to provide guidance to Job Corps contractors regarding contractor personnel performing work onsite at Department of Labor facilities, specifically, Job Corps Centers.

APPLICABILITY

This guidance is applicable to all Job Corps center operations contracts, all National Training contracts, and all Job Corps construction contracts, wherein contract performance occurs at a Job Corps Center.

EFFECTIVE DATE

The guidance outlined herein shall be effective September 1, 2021 and shall be followed until revised or canceled.

GUIDANCE

Center Staff

Consistent with guidance from the Centers for Disease Control and Prevention (CDC) and the Safer Federal Workforce Task Force, the Department of Labor (DOL or Department) is establishing specific health and safety protocols for individuals who are fully vaccinated (at least two weeks past the final vaccine dose) and those who are not fully vaccinated. The Department’s health and safety protocols can be found in the DOL COVID-19 Workplace Safety Plan.

At the start of the contractor employee’s shift that begins on September 1, 2021, the employee entering the Job Corps center will be asked to provide information about their vaccination status.

https://www.dol.gov/sites/dolgov/files/general/plans/2021-covid-19-workplace-safety-plan.pdf?_ga=2.165998589.270086932.1629847980-2044682152.1629847980 https://www.dol.gov/sites/dolgov/files/general/plans/2021-covid-19-workplace-safety-plan.pdf?_ga=2.165998589.270086932.1629847980-2044682152.1629847980

Contractor staff who disclose that they are fully vaccinated will comply with Departmental guidance for fully vaccinated individuals, as defined in DOL’s COVID-19 Workplace Safety Plan.

Contractor staff that choose “not yet fully vaccinated,” “not been vaccinated,” or “decline to respond” on the form must comply with CDC and DOL guidance, including the following safety protocols while in DOL facilities:

• Review the appropriate protocols with their on-site supervisor;

• Wear a mask regardless of the level of community transmission

• Distance at least six feet from others

• Provide proof of having received a negative COVID-19 test from within the previous 3 days (this is a recurring requirement); and

• Adhere to applicable travel restrictions, as defined in DOL’s COVID-19 Workplace

Safety Plan.

If contractor staff fail to comply with CDC and DOL guidance, including the safety protocols, the contractor staff will be unable to perform work onsite.

As a reminder, in PIN 20-08, everyone, including individuals who are fully vaccinated, must wear a mask inside DOL facilities consistent with Federal requirements.

Pursuant to this DOL policy, attached is the Certification of Vaccination form to be completed by contractor staff performing onsite work at a DOL facility. Completion of the form is required one-time, prior to or upon entry at a DOL facility; however, if the form is lost, misplaced or is otherwise illegible, contractor staff will be required to complete the form again. Additionally, if a contractor staff has a change in vaccination status, a new form must be completed.

Contractor staff shall be asked by center security to present a Certification of Vaccination form upon entry and are required to retain the completed form in their possession while onsite at a DOL facility. Contractor staff that decline to provide vaccination status on the form or are not fully vaccinated will also be required, when onsite at a DOL facility, to carry proof of having received a negative COVID-19 test from within the previous 3 days. Center Security shall review the completed form and/or testing documentation. At this time, DOL is not authorized to collect the completed certification forms from contracting staff.

Please see the attached addendum, which addresses the application of the three-day rule, guidance regarding visitors, as well as Frequently Asked Questions.

The above requirements are steps to prevent the spread of COVID-19 to protect the health and safety of our workforce, as well as students living and learning at Job Corps centers. Thank you for all you are doing to keep yourself and others safe. Please visit here for additional guidance on the Department’s vaccination policy.

https://www.dol.gov/general/aboutdol/visit

Addendum

A. This table illustrates the three day rule, with the days in green representing the days that would count as acceptable for the day in red. Please keep in mind that the days in green must represent the day the test was taken.

Thursday Friday Saturday Sunday Monday Tuesday Wednesday Thursday Friday Saturday

Thursday Friday Saturday Sunday

Friday Saturday Sunday Monday

Saturday Sunday Monday Tuesday

Sunday Monday Tuesday Wednesday

Monday Tuesday Wednesday Thursday

Tuesday Wednesday Thursday Friday

Wednesday Thursday Friday Saturday

B. Visitors Until provided additional guidance, contractors shall adhere to the following:

Vaccination Status Certification for Visitors

Consistent with the guidance from Safer Federal Workforce Task Force, beginning Wednesday, September 1, 2021, visitors entering a Job Corps center will be asked to disclose their vaccination status. Center staff coordinating with visitors will notify visitors to the center to complete the Certification of Vaccination form and keep it with them during their time on center premises—they will be asked to show the form to the security who is screening them.

Center staff may share the form with visitors in advance of their time onsite to enable them to easily complete it, but they must not collect or maintain completed Certification of Vaccination forms from visitors at this time.

Visitors that choose “not yet fully vaccinated,” “not been vaccinated,” or “decline to respond” on the form must comply with CDC and DOL guidance for individuals who are not fully vaccinated, including the following safety protocols while on the center:

• Wear a mask regardless of the level of community transmission;

• Distance at least six feet from others; and https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.saferfederalworkforce.gov%2Fdownloads%2FCertificationVaccinationPRAv7.pdf&data=04%7C01%7CMatz.Jillian%40dol.gov%7Cbbbd34f434c94547d1b408d95db4d2f4%7C75a6305472044e0c9126adab971d4aca%7C0%7C0%7C637643853472877250%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=fNXzGC01RR5PMaIhTNXhoLPYwno4iv4X21Yc13I2kps%3D&reserved=0

• Provide proof of having received a negative COVID-19 test from within the previous 3 days.

Visitors that choose fully vaccinated must still wear a mask regardless of the level of community transmission and distance at least six feet from others.

Delivery drivers and vendors do not need to complete the form or show documentation of a negative COVID-19 test result. However, if these visitors are not fully vaccinated, they must comply with all relevant CDC guidance and safety protocols, including mask-wearing and physical distancing requirements.

C. Questions and Answers

1. Does the guidance impact staff who work off site (OA/CTS for example)?

This guidance only affects staff who work on a federal facility, not off site. Accordingly, OACTS staff who work in contractor leased space and not on a Job Corps center would not be required to comply with the policy unless they are visiting a federal facility.

2. Are there certain tests that are not valid COVID Test? (Example over the counter type, at home type) The test must be FDA approved/authorized. Instant/over-the-counter test results are allowable at this time, provided that they are FDA authorized/approved. Tests that have emergency FDA approval are also permitted.

3. Are staff allowed to test on center?

Staff are not permitted to test on center or to use Job Corps equipment or supplies for testing.

4. Do centers go by the date the staff took the test, or the date the staff received the test results?

Centers must go by the date that the test was taken, not the date that the test result was received.

5. Can we provide some examples of the acceptable date range of the 3 days prior? Do the days count like quarantine where the first day is day 0 or is it day 1?

Please see the table above.

6. Do the requirements impact staff and students?

Contractor staff only. At this time, students must follow existing Job Corps policies on testing, masking, and quarantining.

7. If fully vaccinated, are staff not required to social distance regardless of the community levels?

At this time, staff shall continue to follow existing Job Corps policy that requires staff to socially distance regardless of vaccination status.

8. If an unvaccinated staff tests positive and goes into isolation for 10 days, when they return, are they required to test? Their tests could come back positive. If not, would this be for the next 90 days?

JCAS is continuing to research the answer to this question. In the interim, documentation from a medical provider confirming that the individual is cleared to return to work can take the place of a negative test result.

9. Are there concerns with security staff being aware of the vaccination status of staff?

No.…