FBO_RFP__1630J2-17-R-00003.pdf

1630J2-17-R-00003

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

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.

I

J

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

H

G

F

E

D

C

B

A

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

12. In compliance with the above, the undersigned agrees, if this offer is accepted within _____120_________ calendar days (60 calendar days unless a different period is inserted

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

06/14/2017 X

ETA OCM JOB CORPS

US Department of Labor Division of Job Corps Procurement

200 Constitution Ave, NW

Room N-4643

Washington DC 20210

US DOL/ETA/OCM Div. of Job Corps Procurement

ATTN: Nathan A. Quinn

170 S. Independence Mall W, Suite 825E

Philadelphia, PA 19106

1400 ES 07/06/2017

Emily M. Giardino 215

GIARDINO.EMILY.M@DOL.GOV

861-5226

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X

X

X

X

X

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PAGE(S)

Nathan A. Quinn

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition is unusable

STANDARD FORM 33 (Rev. 9-97)

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

1-2

3-9

10-13

15-16

17-18

19-26

27-34

35-43

44-50

51-55

56-69

70-77

See Provision L.6

07/07/2017

69-76

Solicitation Number 1630J2-17-R-00003

Job Corps OA for Maryland

TABLE OF CONTENTS

PART I: THE SCHEDULE

A. Solicitation and Contract Form 1

B. Supplies or Services and Prices or Costs 3

C. Statement of Work 10

D. Packaging and Marking 14

E. Inspection and Acceptance 15

F. Deliveries or Performance 17

G. Contract Administration Data 19

H. Special Contract Requirements 27

PART II: CONTRACT CLAUSES

I. Contract Clauses 35

PART III: LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

J. List of Attachments 44

PART IV: REPRESENTATIONS AND INSTRUCTIONS

K. Representations, Certifications, and Other Statements of Offerors 51

L. Instructions, Conditions and Notices to Offerors or Respondents 56

M. Evaluation Factors for Award 70

PART I - THE SCHEDULE

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 GENERAL

The U. S. Department of Labor, Job Corps has a requirement for providing Outreach and

Admissions (OA) in the state of Maryland.

The North American Industry Classification System (NAICS) code for this acquisition is

541611. The small business size standard is $15M.

The contractor shall provide Outreach and Admissions (OA) services in the state of Maryland and shall ensure the arrival of a minimum of 1,315 students (795 males and 520 females) into the

Job Corps program annually for residential male and female students, and nonresidential male and female students.

All operations, services and deliverables under these items shall be provided as specified in

Sections C and F of this document.

B.2 FIRM FIXED PRICE CONTRACT TYPE

This is a Firm, Fixed-Price Contract as described at Subpart 16.202-1 of the Federal Acquisition

Regulations (FAR).

B.3 PRICING SCHEDULE

Continued on next page.

CLIN Description Quantity Unit Unit Price

Percentage of Unit

Price

Total Price

Period of Performance: Base Period 10/1/2017 – 10/31/2018

1111A Phase-In -- -- -- --

NTE

$65,000.00

0001A

Outreach and

Admissions Arrival (60% of total CLIN 1 price)

Initial Arrival

Type: FFP

898 EA

60%

0001B

Outreach and

Admissions Arrival (40% of total CLIN 1 price)

90 Days

Type: FFP

40%

0002A

Career Transition

Services/Graduates

N/A

N/A N/A

0002B

Career Transition

Services

Placement/Graduates

0003A

Career Transition

Services/Former

Enrollee

0003B

Career Transition

0004 Training

NTE

$84,000

TOTAL PRICE (BASE PERIOD)

of Unit

Price

Total Price

Period of Performance: Option Period 1 – 11/1/2018 – 10/31/2019

1001A

Outreach and

Admissions Arrival (60% of total CLIN 1 price)

Initial Arrival

Type: FFP

898 EA

60%

1001B

Outreach and

Admissions Arrival (40% of total CLIN 1 price)

90 Days

Type: FFP

40%

1002A

1002B

Career Transition

1003A

Career Transition

1003B

Career Transition

1004 Training

TOTAL PRICE (OPTION PERIOD 1)

of Unit

Price

Total Price

Period of Performance: Option Period 2 – 11/1/2019 – 10/31/2020

2001A

Outreach and

Admissions Arrival (60% of total CLIN 1 price)

Initial Arrival

Type: FFP

898 EA

60%

2001B

Outreach and

Admissions Arrival (40% of total CLIN 1 price)

90 Days

Type: FFP

40%

2002A

2002B

Career Transition

2003A

Career Transition

2003B

Career Transition

2004 Training

TOTAL PRICE (OPTION PERIOD 2)

of Unit

Price

Total Price

Period of Performance: Option Period 3 – 11/1/2020 – 10/31/2021

3001A

Outreach and

Admissions Arrival (60% of total CLIN 1 price)

Initial Arrival

Type: FFP

898 EA

60%

3001B

Outreach and

Admissions Arrival (40% of total CLIN 1 price)

90 Days

Type: FFP

40%

3002A

3002B

Career Transition

3003A

Career Transition

3003B

Career Transition

3004 Training

TOTAL PRICE (OPTION PERIOD 3)

of Unit

Price

Total Price

Period of Performance: Option Period 4 – 11/1/2021 – 10/31/2022

4001A

Outreach and

Admissions Arrival (60% of total CLIN 1 price)

Initial Arrival

Type: FFP

898 EA

60%

4001B

Outreach and

Admissions Arrival (40% of total CLIN 1 price)

90 Days

Type: FFP

40%

4002A

4002B

Career Transition

4003A

Career Transition

4003B

Career Transition

4004 Training

TOTAL PRICE (OPTION PERIOD 4)

PHASE-OUT

of Unit

Price

Total Price

Period of Performance: TBD

1111B Phase-out -- -- -- --

$165,000.00

When providing pricing for CLINs 0001A through 4003B (and their corresponding CLINS in subsequent option periods), the contractor shall use 60% of the price for each arrival and each placement for the initial arrival and placement and 40% after the completion of the first 90 days after arrival relative to Outreach and Admissions and six month post placement relative to Career

Transition Services (as applicable).

Training CLINS are to be incrementally funded based on the approval of the contractor’s training request by the contracting officer.

SECTION C – DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

INTRODUCTION

This Statement of Work sets forth the contract performance requirements for Outreach and

Admissions (only) services throughout the State of Maryland in support of eight (8) Job Corps

Centers.

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 (WIOA) of 2014.

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. Objective

The Contractor shall provide material, services, and all necessary personnel to operate a Job Corps

Outreach and Admissions program as set forth in the Workforce Innovation and Opportunity Act (WIOA) of 2014. WIOA 2014 supersedes the Workforce Investment Board Act of 1998.

The Contractor is further required to comply with the Job Corps Policy and Requirements Handbook

(PRH) available at, http://jobcorps.dol.gov.

The basic purpose of the Outreach and Admissions program is to provide a comprehensive approach to ensure that sufficient numbers of disadvantaged youth between the ages of 16 and 24 are enrolled in specified Job Corps Centers.

The general scope of work includes the participation of the contractor in demonstration projects initiated by the U.S. Department of Labor. An equitable adjustment shall be made for those projects determined to be an increase in work within the general scope of the contract via a supplemental agreement to the contract negotiated with the contractor. All disputes arising under these actions are subject to the disputes clause.

C.2 PROGRAM CONTENT

A. Outreach and Admissions http://jobcorps.dol.gov/

The contractor shall perform outreach and admissions activities as required by this contract, which ensure that the Job Corps program maintains a positive public image, maintains a ready supply of eligible and committed applicants, and works in partnership with individuals, communities, organizations, employers, and state and local workforce development systems.

The contractor’s performance shall be measured against the goals established by the National

Director of Job Corps each year in the Outreach and Admissions Outcome Measurement System.

The contractor shall be expected to recruit and screen sufficient numbers of applicants to generate sufficient numbers of arrivals to maintain the eight (8) Job Corps Centers at average on-board strength of 100% of the design capacity, in accordance with the delivery schedule in

Section F.

Annual arrival goals are as follows:

Center Male

Residents

Male Non-

Residents

Female

Residents

Female Non-

Residents

TOTAL

Charleston 30 0 40 0 70

Flatwoods 20 0 5 0 25

Harpers Ferry 60 0 5 0 65

Potomac 55 0 37 0 92

Woodland 189 0 162 0 351

Woodstock 329 57 169 42 597

Keystone 40 0 50 0 90

Old Dominion 15 0 10 0 25

TOTAL 738 57 478 42 1315

At a minimum, the Outreach and Admissions program shall include the following:

1. Outreach: The contractor shall work cooperatively with various individuals and organizations to attract and enroll eligible at-risk youth. The contractor shall develop and implement effective marketing techniques to educate the public about the program and to ensure that Job Corps is viewed as a positive alternative for youth. Required steps for planning and implementing outreach activities are found in PRH 1.1.

2. Eligibility: Determination and Screening Factors: The contractor shall assess, verify, and document applicant eligibility for the Job Corps program, in conformity with the criteria and procedures listed in PRH 1.2 and Exhibit 1-1.

3. Information to Applicants: The contractor shall provide applicants with accurate information about the Job Corps program, and about specific Job Corps centers, in accordance with PRH 1.3.

4. Readmission: The contractor shall assess and verify that applicants for readmission meet criteria found in PRH, 1.4.

5. Applicant Assignments: The contractor shall provide a regular flow of applicants for assignment to centers in accordance with Regional procedures and PRH 1.5.

6. Enrollment Readiness: The contractor shall ensure that assigned applicants are fully prepared for successful center enrollment in accordance with requirement listed in PRH

1.6.

B. Career Transition Services – NOT APPLICABLE

C. Management

The contractor shall provide direction, management and administrative support to all functions and activities of outreach and admissions services. The contractor shall establish systems that ensure:

Effective program organization and management;

Program integrity and accountability; and

Staff professionalism and development.

At a minimum, the program shall consist of:

1. Program Management: The contractor shall establish a system that ensures achievement of program goals and maintenance of quality performance. Expected procedures for monitoring and tracking operations and outcomes are listed in PRH, 5.1.

2. Personnel: The contractor shall recruit, hire, and retain qualified staff, in accordance with the requirements of PRH, 5.2, and Exhibit 5-3. The contractor shall develop and implement policies that promote a working environment of equal opportunity which is free of race, gender, or ethnic bias.

3. Staff Training: The contractor shall provide training opportunities that ensure that staff possesses the knowledge and skills necessary to perform their job duties and which enable them to serve as positive role models for students. Specific training requirements are detailed in PRH, 5.3, and Exhibit 5-4.

4. Procurement and Property Management: The contractor shall establish systems to procure property, services, and supplies in a cost-efficient and environmentally-friendly manner in accordance with government policies. The contractor shall also establish systems to provide procedures for receipt and accountability of government-owned property, materials, and supplies, in accordance with PRH 5.6.

5. Financial Management: The contractor shall develop and maintain systems to effectively plan, budget and control expenses which shall safeguard public funds and ensure the cost-effective provision of services to meet program goals. The contractor shall establish and maintain a financial management system which meets all the requirements of PRH, 5.7, and Appendix 503.

SECTION D – PACKAGING AND MARKING

[For this Solicitation, there are NO clauses in this Section]

SECTION E – INSPECTION AND ACCEPTANCE

E.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

The following contract clauses pertinent to this section are hereby incorporated by reference (by

Citation Number, Title, and Date) in accordance with the clause at FAR 52.252-2, "CLAUSES

INCORPORATED BY REFERENCE" in Section I of this contract. See FAR 52.252-2 for an internet address (if specified) for electronic access to the full text of a clause.

NUMBER TITLE DATE

52.246-4 INSPECTION OF SERVICES – FIXED

PRICE

AUG 1996

E.2 INSPECTION AND ACCEPTANCE

A. Initial Inspection and Acceptance of Admission Arrivals

On the first day of the month, the contractor shall furnish, to the COR, a list of student arrivals made during the prior month. The list shall contain (1) the student’s name, (2) student identification number, (3) the center where the student arrived and (4) the date of arrival. The list shall be identified with the following title: “Arrivals List for Initial Acceptance No. 1” and the list number shall be submitted in sequential numbers.

Upon receipt of the Arrivals List for Initial Acceptance, the COR shall have five business days to review the student arrivals list and determine acceptance of valid arrivals.

B. Final Inspection and Acceptance of Admission Arrivals

90 days after acceptance of an Arrival List for Initial Acceptance, the contractor shall furnish, to the COR, an Arrival List for Final Acceptance. The list shall contain those students who were accepted as arrivals in the initial list and have stayed at the Job Corps Center for a period of at least 90 days. The list shall contain (1) the student’s name, (2) student identification number, (3) the center where the student arrived and (4) the date of arrival. The list shall be identified with the following title: “Arrivals List for Final Acceptance No. 1” and the list number shall be submitted in sequential numbers, matching the number of the corresponding initial acceptance list.

Upon receipt of the Arrivals List for Final Acceptance, the COR shall have five business days to review the student arrivals list and determine acceptance of a valid arrival.

C. Initial Inspection and Acceptance of the Career Transition Placements

APPLICABLE ONLY TO CONTRACTS WITH CTS COMPONENT

D. Final Inspection and Acceptance of the Career Transition Placements

E.3 INSPECTION AND EVALUATION

All inspections and evaluations shall be performed in such a manner as to not unduly delay the contractor's work.

Inspection and acceptance of the work called for under this contract shall be made by the

Contracting Officer’s Representative (COR) at the contractor's offices, the Job Corps center, or the U.S. Department of Labor, Employment & Training Administration, as applicable.

SECTION F – DELIVERIES OR PERFORMANCE

F.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

The following contract clauses pertinent to this section are hereby incorporated by reference (by

Citation Number, Title, and Date) in accordance with the clause at FAR 52.252-2 “CLAUSES

INCORPORATED BY REFERENCE” in Section I of this contract. See FAR 52.252-2 for an internet address (if specified) for electronic access to the full text of a clause.

NUMBER TITLE DATE

52.242-15 STOP WORK ORDER AUG 1989

F.2 TYPE OF CONTRACT

This is a Firm, Fixed Price Contract as described at Subpart 16.202-1 of the Federal Acquisition

Regulation (FAR).

F.3 PERIOD OF PERFORMANCE

The contract period of performance is for a two-year base period, with three one-year option periods. The contractor shall provide Outreach and Admissions during the base period of

November 1, 2017 to October 31, 2018, and if appropriate, shall perform necessary functions related to a transition period for assuming responsibility for the operation of the OA contract for the month of October 2017.

F.4 DELIVERABLES

A. Arrival Input Schedule

The contractor shall deliver all program and reporting requirements as defined in Exhibit 5-2 of the Program Requirements Handbook.

The contractor shall ensure the arrival of the minimum number of students into the Job Corps program in accordance with schedule outlined below:

Annual Arrivals by Month

Month Male Female TOTAL

November 2017 77 40 117

December 30 38 68

January 86 76 162

February 71 56 127

March 85 40 125

Annual Arrivals by Month

April 71 30 101

May 62 36 98

June 40 20 60

July 28 15 43

August 79 47 126

September 83 62 145

October 2018 83 60 143

TOTAL 795 520 1,315

B. Upon completion or termination of this contract, the contractor shall transfer to the successor contractor or the Government complete documentation regarding property transactions, student files and other records as directed by the Contracting Officer.

F.5 PLACE OF PERFORMANCE

Place of performance will be at the contractor’s discretion in the state of Maryland.

SECTION G – CONTRACT ADMINISTRATION DATA

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

2004)

(a) The Contracting Officer’s Representative (COR) for this contract shall be named in a designation letter.

(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.

G.2 CONTRACTING OFFICER’S REPRESENTATIVE RESPONSIBILITIES

In addition to those responsibilities named in DOLAR 2952.201-70, Contracting Officer’s

Representative (May 2014), the Contracting Officer’s Representative is responsible for the duties listed below. Please note that this is not a comprehensive list.

1. Recommend contract modifications to the Contracting Officer as a result of monitoring or as may be requested by the contractor.

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

3. Review and approve required plans, e.g., Career Development Service Systems (CDSS)

Plan, Career Technical Skills Training (CTST) Plan, etc.

G.3 FUNDING AND FINANCIAL ADMINISTRATION

No Job Corps funds shall be provided to pay compensation to any individual, either as a direct cost or as an indirect cost, or proration at a rate in excess of the Executive Level I pay rate.

(Applicable Executive Pay Schedules are available at: http://www.opm.gov/ ). Proration means that the amount charged for a less than full-time employee cannot exceed an annualized rate equal to the authorized Executive Level 1 rate. Compensation is defined as salaries and cash bonuses exclusively. This does not include fringe benefits. This applies to all functions within the Job Corps contract, including subcontracted services.

http://www.opm.gov/

A. Payment:

1. Payment upon Initial Inspection and Acceptance of Admission Arrivals

Upon receipt of the Arrivals List for Initial Acceptance, the COR shall have five business days to review the student arrivals list and determine acceptance of valid arrivals.

Payment shall be made in the amount of 60% of the total unit price of the arrival upon the initial acceptance of a valid arrival. Once the COR has completed initial acceptance of an arrival, the contractor can submit an invoice that includes request for payment of the initially accepted arrival. The invoice shall specify the student’s name and identification number to enable the COR sufficient information to validate payment.

2. Final Inspection and Acceptance of Admission Arrivals

Upon receipt of the Arrivals List for Final Acceptance, the COR shall have five business days to review the student arrivals list and determine acceptance of a valid arrival.

Payment shall be made in the amount of 40% of the total unit price of the arrival upon the final acceptance of a valid arrival. Once the COR has completed final acceptance, i.e., 90 day period met, of an arrival, the contractor can submit an invoice that includes request for payment of the finally accepted arrival. The invoice shall specify the student’s name and identification number to enable the COR sufficient information to validate payment.

3. Initial Inspection and Acceptance of the Career Transition Placements

4. Final Inspection and Acceptance of the Career Transition Placements

B. Limitation on Withholding of Payments

If more than one clause or schedule provision of this contract authorizes the temporary withholding of amounts otherwise payable to the contractor for work performed under this contract, the total of the amounts so withheld at any one time shall not exceed the greatest amount which may be withheld under any one such clause or schedule provision at that time, provided that this limitation shall not apply to:

1. Withholdings pursuant to any clause relating to wages or hours or employees;

2. Withholdings not specifically provided for by this contract; and

3. The recovery of overpayments.

C. Invoice Requirements

Invoices shall be submitted not more frequently than twice a month.

Standard form 1034 shall be used for invoicing purposes and may be obtained at www.gsa.gov.

Each invoice shall be numbered consecutively and shall include billing in accordance with the type of CLIN identified in the contract, along with any accompanying supporting documentation required.

(a) Definitions as used in this clause:

1) Contract financing payment has the meaning given in FAR 32.001;

2) Invoice payment has the meaning given in FAR 32.001;

3) Payment request means any request for contract financing payment or invoice payment submitted by the contractor under this contract.

(b) Electronic Payment Requests:

Except as provided in paragraph (c) of this clause, the contractor shall submit payment requests in electronic form.

(c) Data Transmission. A contractor shall ensure that the data transmission method and format comply with the following provisions:

1) An original invoice shall be prepared and submitted to the Department of Labor

(DOL) by email to:

TBD at time of contract award

TBD/Email of Program Support POC for this procurement

TBD/Email of COR for this procurement

TBD/Email of CS for this procurement

2) The contractor shall:

i. Address the invoice to the appropriate e-mail address specified in the contract.

ii. Submit the invoice via attachment in PDF or TIFF format.

iii. Submit only one invoice per electronic submittal.

iv. Enter specific information in the subject line of the e-mail in the following format:

1. Contractor Name

2. DOL Agency

3. Contract Number

4. BPA Call or Order Number (if applicable)

5. Invoice Number (consecutively numbered)

6. Invoice Amount (CRA, OPS, OA, CTS) as required http://www.gsa.gov/

7. Example: ABC Co, OASAM, DOL00-00-X0000/X0000, Invoice Number

AB-1298433, $15,000.00.

3) Submit a copy of the email with the attached invoice and supporting documentation to the contracting officer’s representative (COR) at the COR email address specified in the contract.

4) Before sending another e-mail with the same invoice attachment, confirm whether

DOL has already responded and/or whether you have received a success or failure response to your submission.

5) The contractor MUST NOT:

i. Submit an invoice that exceeds the size limit of 16 megabytes (approximately

400-500 pages). However, if the invoice exceed this limit, a summary invoice attachment of less than 16 megabytes should be e-mailed to the payment e-mail address above; while the detailed invoice, including any supplemental information, shall be sent to the COR or other representative at the address specified in paragraph (f)(3) below.

ii. Submit an invoice that is heavy in shading or color.

1. An e-mailed 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.

2. An emailed TIFF image must be black and white.

iii. Submit more than one attachment, as subsequent attachments will not be recognized.

iv. Submit more than one invoice in a single attachment.

v. Attempt to use the “Recall or Resend” email message feature.

(d) General Information

Payment due dates will be calculated only from the date that invoices are received in the electronic invoicing e-mail box and determined to be proper invoices.

Inquiries regarding invoices should be e-mailed to InvoiceInquiries@dol.gov. The relevant invoice and supplemental documentation must be attached to the inquiry e-mail and the subject line of the e-mail must state “INQUIRY,” followed by the information described in paragraph 2n (iii) above.

Example: INQUIRY: <Contractor Name>, DOL Agency, <Contract Number, BPA Call or Order Number>, Invoice Number, <Invoice Amount>

Do NOT use the electronic invoicing e-mail address for inquiries about the invoice.

(e) Invoice requirements

Invoices shall comply with FAR 32.905.

(f) Exceptions mailto:InvoiceInquiries@dol.gov https://www.acquisition.gov/far/current/html/Subpart%2032_9.html#wp1032997

1) Paper invoices and supplemental documentation should only be faxed or mailed through U.S. mail when electronic mail cannot be accomplished.

2) When invoices must be faxed due to e-mail size limitations, fax them to:

[TBD at time of award]

3) When paper invoices must be mailed due to e-mail size limitations, mail them to the following address:

U.S. Department of Labor

Employment and Training Administration

Office of Job Corps

Curtis Center, Suite 825 East

170 S. Independence Mall W

Philadelphia, PA 19106

(g) Billing for Outreach Admissions and Career Transition (as applicable):

1) Total Arrivals: Include documentation from CITRIX that has been reconciled with the invoice for the billing period.

2) 90 Day Arrivals: Include documentation from CITRIX that has been reconciled with the invoice for the billing period.

3) Graduate Placement Report: Include PLE 600 report from the CTS system that has been reconciled with the invoice for the billing period.

4) Former Enrollees: Include PLE 600 report from the CTS system that has been reconciled with the invoice for the billing period.

5) 6-Month Survey (Final Graduate): Include the Post Placement Survey Report from the CTS system that has been reconciled with the invoice for the billing period.

*Operators that would like to receive credit for graduates who are employed during the six-month survey window, but did not take the six-month survey, may receive credit with the submission of the ETA Form 678 with the Placement Verification

Requirements as stated in the PRH Exhibit 4-2.

The Contracting Officer may require the Contractor to submit detailed support for costs claimed on one or more interim payment requests.

G.4 INTERPRETATION OR MODIFICATIONS

No oral or written statement of anyone other than a Contracting Officer shall modify or otherwise affect the terms or meaning of this contract. All requests for interpretations, modifications, or changes shall be made in writing to the Contracting Officer.

G.5 LIABILITY AND LIQUIDATED DAMAGES FOR INELIGIBLE ENROLLMENT

The contractor agrees to comply with the current requirements for eligible enrollments. If the contractor bills the Government for an admission or a placement and the admission or placement is later found to be invalid or fraudulent, the contractor will be liable to the Government for the full, firm fixed unit price of the admission or placement. In addition, the contractor may be held financially responsible for any costs incurred by the Government due to such improper placements and/or admissions, including the cost to the Government for each day a student is improperly enrolled in the program (whether or not counted in the reported on-board strength).

The contractor agrees further that foregoing the refundable cost to the Government for each day a student was improperly enrolled in the program, is $750.

If the annual student cost 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 on-board strength.

G.6 FAILURE TO COMPLY WITH CONTRACT TERMS

The contractor shall be held liable for failure to comply with the terms of the contract, including any fraudulent activity resulting from the actions of the contractor or contract staff in accordance with the following clauses, incorporated by reference:

Number Date Title

52.203-8 (Jan-97) Cancellation, Rescission, and Recovery of Funds for Illegal or

Improper Activity

52.203-10 (Jan-97) Price or Fee Adjustment for Illegal or Improper Activity

G.7 PAYMENT BY ELECTRONIC FUNDS TRANSFER – SYSTEM FOR AWARD

MANAGEMENT (52.232-33) (JUL 2013)

(a) Method of payment.

(1) All payments by the Government under this contract shall be made by electronic funds transfer (EFT), except as provided in paragraph (a) (2) of this clause. As used in this clause, the term “EFT” refers to the funds transfer and may also include the payment information transfer.

(2) In the event the Government is unable to release one or more payments by EFT, the

Contractor agrees to either—

(i) Accept payment by check or some other mutually agreeable method of payment; or

(ii) Request the Government to extend the payment due date until such time as the

Government can make payment by EFT (but see paragraph (d) of this clause).

1 (b) Contractor's EFT information. The Government shall make payment to the Contractor using the EFT information contained in the System for Award Management (SAM) database. In the event that the EFT information changes, the Contractor shall be responsible for providing the updated information to the SAM database.

2 (c) Mechanisms for EFT payment. The Government may make payment by EFT through either the Automated Clearing House (ACH) network, subject to the rules of the National

Automated Clearing House Association, or the Fedwire Transfer System. The rules governing

Federal payments through the ACH are contained in 31 CFR Part 210.

3 (d) Suspension of payment. If the Contractor’s EFT information in the SAM database is incorrect, then the Government need not make payment to the Contractor under this contract until correct EFT information is entered into the SAM database; and any invoice or contract financing request shall be deemed not to be a proper invoice for the purpose of prompt payment under this contract. The prompt payment terms of the contract regarding notice of an improper invoice and delays in accrual of interest penalties apply.

4 (e) Liability for uncompleted or erroneous transfers.

(1) If an uncompleted or erroneous transfer occurs because the Government used the

Contractor’s EFT information incorrectly, the Government remains responsible for—

(i) Making a correct payment;

(ii) Paying any prompt payment penalty due; and

(iii) Recovering any erroneously directed funds.

(2) If an uncompleted or erroneous transfer occurs because the Contractor’s EFT information was incorrect, or was revised within 30 days of Government release of the EFT payment transaction instruction to the Federal Reserve System, and—

(i) If the funds are no longer under the control of the payment office, the Government is deemed to have made payment and the Contractor is responsible for recovery of any erroneously directed funds; or

(ii) If the funds remain under the control of the payment office, the Government shall not make payment, and the provisions of paragraph (d) of this clause shall apply.

5 (f) EFT and prompt payment. A payment shall be deemed to have been made in a timely manner in accordance with the prompt payment terms of this contract if, in the EFT payment transaction instruction released to the Federal Reserve System, the date specified for settlement of the payment is on or before the prompt payment due date, provided the specified payment date is a valid date under the rules of the Federal Reserve System.

6 (g) EFT and assignment of claims. If the Contractor assigns the proceeds of this contract as provided for in the assignment of claims terms of this contract, the Contractor shall require as a condition of any such assignment, that the assignee shall register separately in the SAM database and shall be paid by EFT in accordance with the terms of this clause. Notwithstanding any other requirement of this contract, payment to an ultimate recipient other than the

Contractor, or a financial institution properly recognized under an assignment of claims pursuant to Subpart 32.8, is not permitted. In all respects, the requirements of this clause shall apply to the assignee as if it were the Contractor. EFT information that shows the ultimate recipient of the transfer to be other than the Contractor, in the absence of a proper assignment of claims acceptable to the Government, is incorrect EFT information within the meaning of paragraph (d) of this clause.

7 (h) Liability for change of EFT information by financial agent. The Government is not liable for errors resulting from changes to EFT information made by the Contractor’s financial agent.

8 (i) Payment information. The payment or disbursing office shall forward to the

Contractor available payment information that is suitable for transmission as of the date of release of the EFT instruction to the Federal Reserve System. The Government may request the

Contractor to designate a desired format and method(s) for delivery of payment information from a list of formats and methods the payment office is capable of executing. However, the

Government does not guarantee that any particular format or method of delivery is available at any particular payment office and retains the latitude to use the format and delivery method most https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2032_8.html#wp1029202 convenient to the Government. If the Government makes payment by check in accordance with paragraph (a) of this clause, the Government shall mail the payment information to the remittance address contained in the SAM database.

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H.1 CONTRACTOR'S GENERAL RESEARCH COSTS

It is specifically agreed that no part of the costs of the contractor's sponsored independent general research program shall be charged directly or indirectly to this contract.

H.2 RESERVED

H.3 DUPLICATION OF EFFORT

The contractor hereby certifies that costs of work to be performed under this contract and any subcontract hereunder is not duplicative of any costs charged against any other Government contract, subcontract, or other Government source. The contractor shall include the provisions of this paragraph in every subcontract issued hereunder which exceeds $2,500. The contractor agrees to advise the Contracting Officer in writing of any other Government contract or subcontract it has performed, or is performing, which involves work directly related to the purpose of this contract.

H.4 OTHER CONTRACTORS

The Government may undertake or award other contracts for the same, essentially similar, or related work, and the contractor shall fully cooperate with such other contractors and with

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

The foregoing paragraph shall be included in the contracts of all Contractors with whom this

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

H.5 TRAVEL AND PER DIEM

All travel and per diem charges shall be in accordance with Federal Travel Regulations or those of the contractor, whichever is more restrictive. Current Federal Travel Regulations may be obtained from the Contracting Officer or at the following website: www.gsa.gov.

H.6 RESERVED

H.7 RESERVED

H.8 COLLECTIVE BARGAINING AGREEMENTS

Prime and/or subcontractors shall provide the contracting officer with a copy of any collective bargaining agreements affecting this contract, in accordance with FAR 22.1008-2.

H.9 RESERVED

http://www.gsa.gov/

H.10 POLITICAL ACTIVITY

The contractor agrees that it shall not perform or permit any political propagandizing in connection with the performance of this contract. The contractor's employees, volunteers and trainees shall not be assigned to conduct political activities or instruction. Funds under this contract shall be used exclusively for performance of the work required under this contract. No funds made available under this contract shall be used to promote any political activities.

H.11 RESTRICTIONS ON CONTRACTOR'S LEGISLATIVE INFLUENCE

ACTIVITY

The salary or expenses of anyone engaged in any activity designed to influence legislation or appropriations pending before the Congress shall not be an allowable cost under this contract.

H.12 CONTRACT IDENTIFICATION NUMBER

The contractor agrees to refer to and apply the identifying number of this contract on all correspondence, communications, reports, vouchers, and all other data concerning this contract, or delivered hereunder.

H.13 SUBMISSION OF CORRESPONDENCE

All correspondence relating to contractual aspects shall be directed to the attention of the

Contracting Officer at the address listed on the face sheet of this contract.

H.14 RESERVED

H.15 RESERVED

H.16 ELIMINATION OF SEXIST LANGUAGE AND ARTWORK

All written materials issued by a contractor shall conform to the following guidelines for eliminating sexist language and artwork:

A. Avoid the use of sex references in job titles. Titles should conform to the Census Bureau's occupational classification system and the 1992 edition of the Dictionary of Occupational

Titles, and the O-Net System.

Longshore workers instead of longshoremen.

B. Avoid the use of male and female gender work forms.

Aviator to include men and women pilots, not aviatrix.

C. Include both sexes by using terms that refer to people as a whole.

Human beings or people instead of mankind.

D. Avoid the use of masculine and feminine pronouns or adjectives in referring to a hypothetical person or people in general. Example: The average American worker spends 20 years of his life in the work force. Sentences such as this can be changed in the following ways:

Reword to eliminate unnecessary gender pronouns and adjectives: The average American worker spends 20 years in the work force.

Recast into the plural. Most Americans spend 20 years of their lives in the work force.

Replace the masculine or feminine pronoun or adjective with "one," "you," "he or she,"

"her or him," or "his or her": An average American spends 20 years of his or her life in the work force.

E. Refer to both men and women in such generic terms as economist, doctor, and lawyer.

Identify sex with a pronoun.

The lawyer made her final summation.

F. Avoid the use of stereotyped terms or expressions such as "man-sized" job.

Use employee-years and employee-hours (or staff-hours) instead of man-years and man-hours.

G. The use of artwork in publications should conform to the following guidelines:

Strive to use racially and sexually balanced designs.

Depict both men and women in artwork on general subject matters.

Show men and women in a variety of roles in photographs, illustrations, and drawings.

For example, show men and women as managers and skilled laborers.

H.17 TITLES TO STUDIES

The contractor agrees that all studies, evaluations, proposals and data produced or developed in the performance of this contract for which reimbursement is appropriate hereunder shall become the property of the Government. This provision does not preclude the Contractor from seeking copyright of materials, other than those described above, such as teaching material and curricula.

H.18 RESERVED

H.19 RESERVED

H.20 DISPOSITION OF MATERIAL

Upon termination or completion of all work under this contract, the contractor shall prepare for shipment, deliver F.O.B. destination, or dispose of all materials received from the Government and all residual materials produced in connection with the performance of this contract as may be directed by the Contracting Officer, or as specified in other provisions of this contract. All materials produced or are required to be delivered under this contract become and remain the property of the Government.

H.21 RESERVED

H.22 COMPLIANCE WITH NONDISCRIMINATION AND EQUAL OPPORTUNITY

LAWS

The assurance at 29 CFR 38.25(a) is incorporated by reference into this contract. The assurance provides that the contractor will comply fully with the nondiscrimination and equal opportunity provisions of the following statutes:

Title VI of the Civil Rights Act of 1964, as amended, which prohibits discrimination on the bases of race, color and national origin;

Section 504 of the Rehabilitation Act of 1964, as amended, which prohibits discrimination against qualified individuals with disabilities;

The Age Discrimination Act of 1975, as amended, which prohibits discrimination on the basis of age; and

Title IX of the Education Amendments of 1972, as amended, which prohibits discrimination on the basis of sex in educational programs.

The contractor also assures that it will comply with 29 CFR Part 37 and all other regulations implementing the statutes listed above. This assurance applies to the contractor’s operation of, or provision of services to, a Job Corps Center, program or activity, and to all subcontracts entered into by the contractor to carry out the Job Corps program or activity, or its operation of the

Center. The contractor understands that the United States has the right to seek judicial enforcement of this assurance.

H.23 PRINTING AND DUPLICATING

This clause is applicable to all contracts that require printing/duplicating services as part of the contractor’s performance.

The contractor shall comply with all duplicating and printing regulations issued by the Joint

Committee on Printing under the authority of sections 103.501 and 502, Title 44, United States

Code. The term "duplicating” as used herein means material produced on single unit duplicating equipment not larger than 11 by 17 inches and which have a maximum image of 10 3/4 by 14 1/4 inches, using direct image plates not requiring the use of negatives. The term "printing" as used herein shall be construed to include and apply to the process of composition, plate-making, presswork, binding, and microform. If required by the Contracting Officer, the contractor may duplicate up to a maximum of 5,000 copies of one page or 25,000 copies in the aggregate of multiple pages.

The contractor shall not provide duplicating in excess of the quantities stated above or provide printing without the written authorization of the Joint Committee on Printing. Such authorization may be obtained from the Contracting Officer through the Department Printing Officer. Nothing in this clause shall preclude the procurement of writing, editing preparation of manuscript copy, and preparation of related illustrative material.

The contractor may perform the duplication of no more than a total of 100 diskettes or CD-

ROM's. Duplication services below these thresholds are not considered printing. If performance of the contract will require duplication in excess of these thresholds, the contractor must immediately notify the contracting officer. The contracting officer will provide instructions to the contractor.

H.24 KEY PERSONNEL

The personnel specified below or in attachment to this contract are considered to be essential to the work being performed hereunder. Prior to replacing any of the specified individuals to other programs, the Contractor shall notify the Contracting Officer and the Job Corps Regional

Director reasonably in advance, (i.e., 30 calendar days), and shall submit justification (including proposed substitutions) in sufficient detail to permit evaluation of the impact on the program. No replacement shall be made by the Contractor without the written consent of the Contracting

Officer; provided, that the Contracting Officer may ratify in writing such replacement and such ratification shall constitute the consent of the Contracting Officer required by this clause.

1) Project Director

2) Outreach & Admissions Manager

H.25 OMB CLEARANCE OF RECORD COLLECTIONS

In the event that it subsequently becomes a contractual requirement to collect or record information calling for answers to identical questions from 10 or more persons other than Federal employees, or for information from Federal employees which is to be used for statistical compilations of general public interest, the Paperwork Reduction Act of 1980 and 5 CFR 1320 shall apply to this contract. No plan, questionnaire, interview guide or similar device for collecting formation (whether repetitive or single-time) may be used without first obtaining clearance from the Office of Management and Budget (OMB).

The contractor shall obtain the required OMB clearance through the Project Officer before expending any funds or making public contracts for the collection of data. The authority to expend funds and to proceed with the collection of data shall be issued in writing by the

Contracting Officer.

H.26 IDENTIFICATION OF SUBCONTRACTING OPPORTUNITIES

Each solicitation issued under this contract shall include language that clearly indicates that it is a subcontracting opportunity with the contractor. This is intended to ensure that potential bidders understand that solicitations issued in support of this contract are subcontracting opportunities with the contractor rather than prime contracting opportunities with the Department of Labor.

For those solicitations posted through the Government Point of Entry, Federal Business

Opportunities (FBO.gov), the contractor shall include the following statement: “THIS IS A

SUBCONTRACTING OPPORTUNITY”. In addition, the signature block for the posting shall identify the name of the purchasing agent, the name of the contractor and the name of the Job

Corps center.

H.27 RESERVED

H.28 CONFLICT OF INTEREST CERTIFICATIONS

Contractors must develop and implement policies to ensure conflicts of interest do not exist between the company’s contracting officials and/or senior leadership and the principles of the intended subcontractor. This certification must be maintained as a part of the official contract file. The Contractor’s procurement policies must include this provision and be submitted to the

Contracting Officer’s Representative and Contracting Officer for review and approval within 90 days of contract award.

H.29 RESERVED

H.30 INCENTIVES

The contractor shall provide…