1630J4-18-R-00002_Amendment_0004_Revised_pg_40-41.docx

G.4 RESERVED

G.5 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:

G.6 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.

The amount to be reimbursed to the Contractor for purchased accountable property and the fixed day/month GSA rental charge exclusive of the GSA mileage charge and exclusive of excess personal property (as defined in the DOL Property Handbook for Employment and Training Administration Contractors, including revisions and amendments thereto), is provided in Parts A and B. This amount shall be operative under this contract until such time as the Government may incrementally increase it.

A. Payment:

1. Payment Upon Initial Inspection and Acceptance of Admission and Placements

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 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

The COR shall have ten business days to review the documentation and determine initial acceptance of valid career transition placement.

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

4. Final Inspection and Acceptance of the Career Transition Placements

Upon receipt of the Career Transition Placements 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 career transition placement. Once the COR has completed final acceptance of a career transition placement, the Contractor can submit an invoice that includes request for payment of the finally accepted career transition placement. The invoice shall specify the student’s name and student identification number to enable the COR sufficient information to validate payment.

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.