RFP 1605JE-23-R-00013 Kittrell w OA CTS.pdf

1605JE-23-R-00013

SOLICITATION, OFFER AND AWARD

4. TYPE OF SOLICITATION2. CONTRACT NUMBER 3. SOLICITATION NUMBER

7. ISSUED BY CODE 8. ADDRESS OFFER TO (If other than Item 7)

ORDER UNDER DPAS (15 CFR 700)

6. REQUISITION/PURCHASE NUMBER

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

NEGOTIATED (RFP)

SEALED BID (IFB)

5. DATE ISSUED

1. THIS CONTRACT IS A RATED RATING PAGE OF PAGES

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C. E-MAIL ADDRESS

EXT.NUMBERAREA CODE

B. TELEPHONE (NO COLLECT CALLS)A. NAME

10. FOR

INFORMATION

CALL:

CAUTION: LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

(Date)(Hour) local timeuntildepository located in copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if hand carried, in the

SOLICITATION

9. Sealed offers in original and

PART IV - REPRESENTATIONS AND INSTRUCTIONS

OTHER STATEMENTS OF OFFERORS

EVALUATION FACTORS FOR AWARD

INSTRS., CONDS., AND NOTICES TO OFFERORS

REPRESENTATIONS, CERTIFICATIONS AND

LIST OF ATTACHMENTS

CONTRACT CLAUSES

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.

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K

L

M SPECIAL CONTRACT REQUIREMENTS

CONTRACT ADMINISTRATION DATA

DELIVERIES OR PERFORMANCE

INSPECTION AND ACCEPTANCE

PACKAGING AND MARKING

DESCRIPTION/SPECS./WORK STATEMENT

SUPPLIES OR SERVICES AND PRICES/COSTS

SOLICITATION/CONTRACT FORM

PART II - CONTRACT CLAUSESPART I - THE SCHEDULE

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

11. TABLE OF CONTENTS

18. OFFER DATE17. SIGNATURE

SUCH ADDRESS IN SCHEDULE.

IS DIFFERENT FROM ABOVE - ENTER

15C. CHECK IF REMITTANCE ADDRESS

EXT.NUMBERAREA CODE

15B. TELEPHONE NUMBER

(Type or print)AND

ADDRESS

OF

OFFEROR

CODE FACILITY

16. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER15A. NAME

DATEAMENDMENT NO.DATEAMENDMENT NO.

and related documents numbered and dated):

amendments to the SOLICITATION for offerors

(The offeror acknowledges receipt of

14. ACKNOWLEDGEMENT OF AMENDMENTS

CALENDAR DAYS (%)30 CALENDAR DAYS (%)20 CALENDAR DAYS (%)10 CALENDAR DAYS (%)

(See Section I, Clause No. 52.232.8)

13. DISCOUNT FOR PROMPT PAYMENT

designated point(s), within the time specified in the schedule.

by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

OFFER (Must be fully completed by offeror)

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

28. AWARD DATE

(Signature of Contracting Officer)

27. UNITED STATES OF AMERICA

25. PAYMENT WILL BE MADE BY

26. NAME OF CONTRACTING OFFICER (Type or print)

CODE 24. ADMINISTERED BY (If other than Item 7)

ITEM

(4 copies unless otherwise specified)

23. SUBMIT INVOICES TO ADDRESS SHOWN IN

41 U.S.C. 253 (c) ( 10 U.S.C. 2304 (c) (

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:

21. ACCOUNTING AND APPROPRIATION20. AMOUNT19. ACCEPTED AS TO ITEMS NUMBERED

AWARD (To be completed by government)

CODE

09/14/2023 X

JCAS

US Department of Labor Job Corps Acquisition Services 200 Constitution Ave, NW N-4643 Washington DC 20210

JC-Procurement-Atlanta@dol.gov

02:00 P.M. ET 10/19/2023

Richard I. Thomas 404 thomas.richard.i@dol.gov

302-3904

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PAGE(S)

Hameena L. Heard

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition is unusable

STANDARD FORM 33 (Rev. 9-97)

Prescribed by GSA - FAR (48 CFR) 53.214(c)

12. In compliance with the above, the undersigned agrees, if this offer is accepted within _____365_________ calendar days (60 calendar days unless a different period is inserted

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

2 93

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

1605JE-23-R-00013

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

Request for Proposal for the Kittrell Job Corps

Center Operations with Outreach & Admissions and

Career Transition Services. This is a Total Small

Business Set-Aside. The pre-solicitation/synopsis for this requirement was posted on August 28, 2023, under the Pre-Solicitation notice number

1605JE-23-R-00013. Offers received from other than Total Small Business Concerns will not be considered.

OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

NSN 7540-01-152-8067

SOLICITATION NUMBER: 1605JE-23-R-00013 FFP RFP Kittrell JCC with OA/CTS

TABLE OF CONTENTS

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 QUOTERS

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

RESPONDENTS

SECTION M - EVALUATION FACTORS AND SELECTION CRITERIA

PART I: THE SCHEDULE

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 Kittrell Job Corps Center located at 1096 U.S. Highway 1 South, Kittrell, NC 27544.

The North American Industry Classification System (NAICS) code for this acquisition is 611519. The small business size standard is $47M. This is a Total Small Business 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 350 students consisting of 150 residential male students, 150 residential female students, 25 nonresidential male students, and 25 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 575 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.C 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: 1) Firm Fixed Price (FFP), 2) Fixed-Price with a Price Adjustment (FP/PA), or 3) Cost Reimbursement (CR) with specified Not-to-Exceed (NTE) amounts.

The contract shall include the 1% management fee, which is applied to the center operations CLINs only. Additional provisions regarding fees are found at G.2 below.

Base Period of Performance: July 1, 2024 to July 31, 2026 (Includes Phase-In Services)

*Offeror shall propose a price for CLIN 0001; however, proposed price shall not exceed $100,000.

CLIN Supplies/Service QTY Unit Unit Price Amount

0001* Phase In Type:

Firm Fixed Price (FFP) 1 MO $ ______________

Center Operations 100% Average OBS Type: Fixed Price with Price Adjustment (FP/PA)

24 MO $ ______________

CLIN Supplies/Service QTY Unit Unit Price Amount

0003 Outreach & Admissions – (FFP) 24 MO $ ______________

0004 Career Transition Services – (FFP) 24 MO $ ______________

Construction, Rehabilitation, and Acquisition (CRA)

NTE

$3,322,000.00

0006 Equipment

NTE $1,000,000.00

0007 Career Technical Skills Training NTE $72,000.00

0008 Special Projects/Initiatives as directed by the Government NTE TBD

GRAND TOTAL – BASE PERIOD (CLINs 0001 through 0008) $ _____________ file:///C:/Users/jackman.jeannett.w/AppData/Local/Microsoft/Windows/Temporary%20Internet%20Files/Content.Outlook/6JW5IYNF/CINCINNATI%20JCC%20COMBO%20FFP%20RFP%20NO%20SLINs%20TEMPLATE%2028%20SEPTEMBER%202017%20(6).docx%23'Transition_Construction'!A1

OPTION 1 Period of Performance: August 1, 2026 to July 31, 2027

CLIN Supplies/Service QTY Unit Unit Price Amount

Center Operations 100% Average OBS Type: Fixed Price with Price Adjustment (FP/PA)

12 MO $ ______________

CLIN Supplies/Service QTY Unit Unit Price Amount

1003 Outreach & Admissions – (FFP) 12 MO $ ______________

1004 Career Transition Services – (FFP) 12 MO $ ______________

Construction, Rehabilitation, and Acquisition (CRA) NTE

$1,661,000.00

1006 Equipment NTE $500,000.00

1007 Career Technical Skills Training NTE $36,000.00

1008 Special Projects/Initiatives as directed by the Government NTE TBD

GRAND TOTAL – OPTION PERIOD ONE (CLINs 1002 through 1008) $ _____________

OPTION 2 Period of Performance: August 1, 2027 to July 31, 2028

CLIN Supplies/Service QTY Unit Unit Price Amount

Center Operations 100% Average OBS Type: Fixed Price with Price Adjustment (FP/PA)

12 MO $ ______________

CLIN Supplies/Service QTY Unit Unit Price Amount

2003 Outreach & Admissions – (FFP) 12 MO $ ______________

2004 Career Transition Services – (FFP) 12 MO $ ______________

Construction, Rehabilitation, and Acquisition (CRA) NTE

$1,661,000.00

2006 Equipment NTE $500,000.00

2007 Career Technical Skills Training NTE $36,000.00

2008 Special Projects/Initiatives as directed

GRAND TOTAL – OPTION PERIOD TWO (CLINs 2002 through 2008) $ _____________

OPTION 3 Period of Performance: August 1, 2028 to July 31, 2029

CLIN Supplies/Service QTY Unit Unit Price Amount

Center Operations 100% Average OBS Type: Fixed Price with Price Adjustment (FP/PA)

12 MO $ ______________

CLIN Supplies/Service QTY Unit Unit Price Amount

3003 Outreach & Admissions – (FFP) 12 MO $ ______________

3004 Career Transition Services – (FFP) 12 MO $ ______________

Construction, Rehabilitation, and Acquisition (CRA) NTE

$1,661,000.00

3006 Equipment NTE $500,000.00

3007 Career Technical Skills Training NTE $36,000.00

3008 Special Projects/Initiatives as directed

GRAND TOTAL – OPTION PERIOD THREE (CLINs 3002 through 3008) $ _____________

PHASE OUT

**Offerors shall propose a price for CLIN 3009; however, proposed price shall not exceed $100,000.

CLIN Supplies/Service QTY Unit Unit Price Amount

3009** Phase Out

(FFP) 1 MO $ ______________

GRAND TOTAL – ALL CLINS AND ALL PERIODS (0001 THROUGH

3009) $ _____________

SECTION C. STATEMENT OF WORK

INTRODUCTION

This Statement of Work sets forth the contract performance requirements for the operation and management of the Kittrell Job Corps Center located at 1096 U.S. Highway 1 South, Kittrell, NC 27544. 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 not limited to the technical approach and staff resources section, is incorporated by reference. The contractor’s entire proposal may be incorporated into the contract. 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 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.

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 5.7, R.1, R.2 and R.3 are not applicable to FFP contracts and are not contract requirements. Chapter 5.7, 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 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 Kittrell Job Corps Center is located near/in the city of Kittrell, Vance County, in the state of North Carolina. The property and site are described in the Virtual Survey (Public) Facility Report, dated June 2021, which is available as electronic attachments 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 the state of North Carolina as follows: Capital Area, Durham, Eastern Carolina, Guilford County, Kerr-Tar, Northeastern, Region Q, and Turning Point

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. Note: This could include recruiting and screening arrivals for more than one Job Corps Center.

The Contractor will perform recruitment activities only within the designated Recruitment Zone.

Prospective applicants who reside within the Recruitment Zone will be automatically referred to the appropriate admissions office. A digital map of Job Corps recruitment zones is available at https://neapmap.com.

B. The center can expect to receive arrivals from other contractors performing Outreach and Admissions.

N/A

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

Category Number

Residential Male Students 150

Residential Female Students 150 Subtotal Residential Students 300

Nonresidential Male Students 25

Nonresidential Female Students 25 Subtotal Nonresidential Students 50

Total Planned Average On-Board Strength 350

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.C. 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

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

https://neapmap.com/

Career Technical Training Offering

E-TAR Code Training Slots (0.5)

Bricklaying BRICK-100-OJC-14 24 Facilities Maintenance FACMA-100-OJC-20 48 Office Administration OFCAD-100-OJC-17 60 Culinary Arts CULIN-100-OJC-19 30 OTP in Advanced Manufacturing INADM-100-OTP-18 15 OTP in Health Care INHEA-100-OTP-18 30 Medical Administrative Assistant MEDAA-100-OJC-12 30 Security and Protective Services SECUR-100-OJC-13 30 Certified Nurse Assistant NURSE-100-OJC-15 30 Advanced Career Training (ACT) COLLG-600-ACT-14 10 Advanced Human Services Worker – Residential Advisor RESAD-501-OJC-14 15

TOTAL SLOTS 322

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

E. 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.

F. 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.

G. 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.

H. 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.

I. Failure to maintain staffing levels

The contractor shall have a maximum staff vacancy rate not exceeding 4% of the total number of staff positions. The contractor shall complete and submit the vacancy information section in the attached Wage Comparability tool by 10th day of every month.

Beginning the first month of center operations, if the contractor’s vacancy rate exceeds 4% (as reported in the monthly Wage Comparability Tool submitted during the following month), the contractor shall reduce its invoiced price by an amount equal to the sum of the monthly salary(ies) for all vacant positions over the permitted 4%. The positions subject to the reduction shall be the oldest vacancies, as determined by the contractor’s vacancy section of the Wage Comparability tool. If any of the vacancies subject to the reduction occurred (were separated) during the month for which the report applies, the position will not be subject to the reduction, but shall be used in the contractor’s calculation of total vacancies and total percentage of vacancies.

Please see table below detailing 4% vacancy allowance. The value of the salary for a vacant position shall be determined by the value listed for that position in attachment J.28. Upon the first day of the first month of center operations, the contractor shall submit to the Contracting Officer and the Contracting Officer’s Representative, an updated J.28 that includes employee numbers for hired staff. G&A, Management fee, and any other profit shall not be included in the reduction. Reductions in pricing must be shown in the contractor’s invoice. See attached invoice template attachment J.20.

At the end of each contract year, the Government will adjust via modification (as appropriate), the contract price for the contract year, to reflect the total price paid during the contract period, including reductions for vacancies described above.

The contractor acknowledges that this reduction in price does not absolve the contractor from responsibility to perform the contract with a vacancy rate not exceeding 4%.

Total Number of Staff Positions

Total Number of Vacancies Permitted within the 4% (rounded up to the nearest whole number)

Example #1: If the total number of staff positions under the contract is 100, the contractor is permitted to have four vacancies. If the contractor reports that the total number of vacant positions on was 10, then the contractor shall reduce its invoice for the six positions over the contractually permitted four. The six positions whose salary is subject to the reduction are the six oldest vacancies according to the report. If one of the six vacancies became vacant during the month for which the report is submitted, then the contractor will only have to subject the five oldest vacant positions to the reduction.

Example #2: If the total number of staff positions is 260, the contractor is permitted to have 11 vacancies. If the contractor reports during its monthly Wage Comparability tool submission that the number of vacant positions is 30, the contractor shall compensate DOL for the 19 vacant positions over its contractually permitted 11 vacancies. If five of the 19 positions over the 4% became vacant during the month for which the report is submitted, then the contractor will be subject to a reduction for the 14 positions oldest positions.

The contractor shall complete the vacancy information section in the attached Wage Comparability Tool/2110S (Attachment J-27) by the 10th day of every month.

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

FAR 52.246-4 INSPECTION OF SERVICES -- FIXED-PRICE AUG 1996

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

FAR 52.236-15 SCHEDULES FOR CONSTRUCTION APR 1984

CONTRACTS

FAR 52.242-15 STOP-WORK ORDER AUG 1989

F.2 TYPE OF CONTRACT

This is a contract consisting of Firm Fixed Price (FFP), Fixed Price with Price Adjustment (FP/PA), and Cost Reimbursement (CR), with specified Not-to-Exceed (NTE) amounts.

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 for a period of one month.

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 for a period of one month.

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 contractor should take into consideration arrivals that will be delivered by other contractors performing Outreach and Admissions, as specified in section C.2 above. However, the requirement to operate the Center at 100% OBS (see Section C.2.C), applies independently of the annual arrivals requirements in these tables and arrivals anticipated from third party Outreach and Admissions contractors. 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

Kittrell JCC 247 41 246 41 575 Grand Total 575

*Note that https://neapmap.com provides information on arrival goals and designated recruitment zones. In the event that there is a discrepancy between https://neapmap.com and the contract, the contract takes precedence over the neapmap.

Annual Arrivals by Month Month Male Female Total January 23 23 46

February 25 25 50

March 25 25 50

April 25 25 50

May 25 25 50

June 23 23 46

July 23 23 46

August 25 25 50

September 24 24 48

October 24 23 47

November 23 23 46

December 23 23 46

Total: 288 287 575

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 include this 1% Management Fee in the Center Operations CLINs (xx02).

Equitable Adjustments to the contract price resulting from new Wage Determinations (in accordance with contract clause FAR 52.222-41) or increases to the Federal Minimum Wage (in accordance with contract clause FAR 52.222-55) shall not include G&A or Profit, to include the 1% Management Fee.

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). 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:

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.

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.

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

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.

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.

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

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.

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.

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.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 and $500 for each misreported CTT Completion.

G.9 PRICE ADJUSTMENT FOR LESS-THAN-100% ON BOARD STRENGTH

The total contract value at the time of award will be based on Section B.2, Pricing Schedule, which is based on attaining and maintaining an average monthly OBS of 100% of the planned OBS. The Contract requires Contractor to undertake every effort necessary to attain and/or maintain 100% average monthly OBS.

(The contractor will be permitted a grace period of three (3) months, for which the contractor can bill at the 100% OBS price, regardless of the actual average OBS for the month billed. The three month period shall begin during the first full month of center operation). Does not apply to incumbent contractor.

After the three month grace period, should the average monthly OBS level be less than 100% in any month, the Contractor’s price for the month will be adjusted downward based on the actual average OBS during that month. “Average OBS” means the OBS as established for the (CIS- >Accountability->Reports->Center Reports->Center On Board Strength Report->Select Reporting Period).

The reduction of the price pursuant to this clause is in addition to, and does not constitute a waiver by the Government of, other remedies available under the contract for the contractor’s failure to achieve 100% OBS.

The adjusted monthly price for less than 100% OBS shall computed based on the following formula:

Adjusted Monthly Price = CLIN XX02 Monthly Price x Adjustment Percentage Adjustment Percentage = 100 – [(100 – “Average OBS”) / 100 x 15]

The following hypothetical examples are provided solely for the purpose of illustrating how the formula operates. Suppose that for the base period of the contract, the CLIN 0002 unit price per month is $1 million. In the fifth month of contract performance, the Average OBS for the Center was reported to be 64%. In that case, the Adjusted Monthly Price for that month, which is the amount that the Contractor would be entitled to receive is $946,000 calculated as follows:

Adjustment Percentage = 100 – [(100 – “Average OBS”) / 100 x 15] 100 – [(100 – 64) / 100 x 15] 100 – [(36 / 100 x 15]

100 – 5.4% Adjusted Monthly price = $1,000,000 x 94.6%

$946,000

At the end of each contract period, the Government will adjust via modification, the contract value for that period, to reflect the total price paid during the contract period.

G.10 NOT TO EXCEED CONTRACT LINE ITEMS

Not to Exceed (NTE) Contract Line Items XX05 (CRA), XX06 (Equipment), XX07 (CTST) and XX08 (Special Projects) are cost-reimbursement type CLINs. The government will fund NTE CLINs as equipment, projects or work is required.

CRA Projects funded through the CRA CLIN will be identified by a Job Corps Deficiency Number. Project Progress and Funding must be tracked in accordance with the Deficiency Number and invoiced in accordance with the funding code associated with the Deficiency Number.

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:

FAR 52.203-8 (May 2014) Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity

FAR 52.203-10 (May 2014) Price or Fee Adjustment for Illegal or Improper Activity

G.12 PAYMENT BY ELECTRONIC FUNDS TRANSFER – FAR 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) Trade style, 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).

(5) Company telephone number.

(6) Date the company was started.

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

(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 FAR 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.

“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.

https://www.sam.gov/ http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/FAR02.doc#s21

(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.

(End of clause)

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

A. Applicability

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

"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…