1605JW-24-R-00004_Amend_0003.pdf

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Attached to
St. Louis Job Corps Center with OACTS
Solicitation number
1605JW-24-R-00004
Issued by

About this file

This document is a contract amendment for Solicitation 1605JW-24-R-00004, which is a requirement for operating the St. Louis Job Corps Center. The amendment provides clarification on the government's responses to vendor questions regarding the Fair Labor Standards Act (FLSA) salary threshold requirements and the services the National Training Center (NTC) will provide.

The amendment states that the contractor, not the Department of Labor (DOL), is responsible for determining proper employee classifications and adhering to FLSA and Service Contract Labor Standards requirements, including meeting the increased minimum salary thresholds effective July 2024 and January 2025. The amendment also clarifies that the NTC will provide limited funding for trade-specific equipment, materials, supplies, and primary credentials, while the contractor must provide uniforms, safety equipment, classroom furnishings, IT equipment, utilities, transportation, and meals for students. The amendment ends the question and answer period for this solicitation.

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1605JW-24-R-00004

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

06/07/20240003

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

05/07/2024

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 is to provide clarification to the Government’s responses to vendor’s Request for Clarification, posted in Amendment 0001. See continuation page(s) for more details.

This amendment ends the Q&A period, and the government will not address any more questions regarding the solicitation.

Period of Performance: 10/01/2024 to 09/30/2029

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)

LAURENCE A. CLUNIE

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: 202-693-3504 clunie.laurence.a@dol.gov

1605JW-24-R-00004

Amendment 0003 St. Louis JCC with OA/CTS

Continuation Page:

Question: Please provide clarification if the government will fund or not fund the higher FLSA salary threshold requirement for those staff who are currently classified as exempt?

Response: The Contractor, not DOL, will be responsible for determining the proper classification for each position under the contract, and any exemption from the Fair Labor Standards Act or the Service Contract Labor Standards that may apply. The Contractor will also be responsible for adhering to the requirements and conditions in those laws, including the proper compensation levels. Note that for the executive, administrative, or professional (EAP) exemption to apply, the employee must be paid a salary that is not less than the minimum salary threshold amount established by DOL’s Wage and Hour Division. Per a Final Rule issued by DOL on April 26, 2024, the minimum salary threshold amounts will increase effective July 1, 2024 and again in January 1, 2025. For more information on the minimum threshold amounts, visit: What the New Overtime Rule Means for Workers | U.S. Department of Labor Blog (dol.gov). You may also access the Final Rule at 89 Fed. Reg. 32842.

For this procurement, the CLINs associated with Operations, OA and CTS are fixed price. That means DOL will pay for that work at the fixed prices set forth in the relevant CLIN, irrespective of costs incurred by the Contractor. Accordingly, when deciding what prices to propose, every Offeror should consider carefully, and take into account, its expected costs, including the minimum salary the Offeror must pay EAP employees, if the exemptions are to apply.

Since the minimum salary for any EAP position, including the increases in July 1, 2024 and January 1, 2025, are in place today and should be factored in the Offeror’s proposal, no price adjustments after award would be necessary. The Contractor normally would not receive a price adjustment after award for increases in minimum salaries that were known prior to award and considered in the preparation of the proposals.

Please note that in some circumstances, contractors may be entitled to price adjustments for cost impacts due to future (unknown) increases in the pay rates in a Wage Determination or in the Federal contractor minimum wage. Offerors must warrant that their proposal does not include any allowance for any contingency to cover increased costs for which such adjustments are provided under FLSA and SCA Clauses. See FAR 52.222-43(b); FAR 52.222-44(b); FAR 52.222-55(b)(4).

Question: Will the government please provide further clarification as to what will and will not be provided by the NTC for a given NTC-operated trade?

Response: NTC vendors are provided limited funding for trade specific property, equipment, materials, and supplies used for the NTC training program. NTCs also cover the costs of the primary credentials for the given trade. In accordance to PRH 6.6 R1 Student Clothing, Centers must issue, at no cost to the student, uniforms, specialized and safety equipment, and clothing necessary for a student to participate in career technical training. Such clothing and equipment must meet safety and health requirements and industry standards so that the student is able to function comfortably and effectively in all weather conditions. In addition, Operators must also provide classroom furnishings--including reasonable accommodation for students and staff; IT equipment; utilities and maintenance; transportation and meals for students participating in CTST, work-based learning and other work-experience activities.

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