Amendment_4.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1. CONTRACT ID CODE

Page Of Pages

1 7

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

Amendment No. 4 See Block 16C.

6. Issued by CODE JC009 7. ADMINISTERED BY (If other than Item 6) CODE JC009 U.S. Department of Labor Employment and Training Administration Office of Contracts Management 90 7th Street Suite 18-300 San Francisco, CA 94103

SAME

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

9A. AMENDMENT OF SOLICITATION NO.

1630J6-18-R-00001

TO ALL POTENTIAL OFFERORS CONCERNING REQUEST FOR PROPOSAL FOR

SACRAMENTO JOB CORPS CENTER

9B. DATED (SEE ITEM 11)

12-20-2017

10A. MODIFICATION OF

CONTRACT/ORDER NO.

10B. DATED (SEE ITEM 11)

CODE FACILITY CODE

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers is extended, is not extended. 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 items 8 and 15 and returning copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted; or (c) By separate correspondence which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT 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 written correspondence provided each correspondence makes reference to the solicitation and this amendment and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

Not Applicable

13. THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

CHECK ONE

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

NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

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

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

This amendment provides clarifications to the questions on the following pages.

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

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

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

Chin-Jen Chang Contracting Officer

15B. CONTRACTOR/OFFEROR

15C. DATE

SIGNED

16B. UNITED STATES OF AMERICA

16C. DATE

SIGNED

(Signature of person authorized to sign) (Signature of Contracting Officer) 1-11-2018

Solicitation No. 1630J6-18-R-00001 Amendment No. 4

1. Refer to Page 5 (Section B.2) and Attachment J-1. The seventh paragraph states: “Cost

Reimbursement Not-to-Exceed CLINs are only applicable to CLINs 0003, 1023, 2023, 3023…” CLINs 1023, 2023, and 3023 do not exist. Please correct/clarify.

Please see revised Pricing Schedule posted to Federal Business Opportunities and Attachment J.1 Workbook.

2. Section G.4.i describes the process for billing: “Cite the formula or method of computation for each type of cost under this line item.” The instructions are inconsistent with the Pricing Schedule which seems to imply each billing should be a semi-monthly prorated amount of each total price. As O/A and CTS are firm-fixed-price, the billings would be at a fixed rate. Please revise.

Section G.4.i has been revised as follows:

Billing for Outreach Administration and Center Transition Costs:

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) Q2 and Q4 Survey (Final Graduate): Include the Post Placement Survey Report from the CTS system that has been reconciled with the invoice for the billing period.

The O/A and CTS sections are not clear as some sections reference a unit price, but other sections in the RFP and the Excel forms do not accommodate a unit price but a total price instead.

The unit price is either 60 or 40 percent of those costs. Please see Attachment J.1

3. Refer to Pages 6-14 (Section B.2), Pricing Schedule. Please confirm offerors are not required to provide amounts for the capital CRA, Equipment, and Career Technical Skills Training CLINs (0012, 0013, 0014, 0015, etc.).

Please see Section B.2.

4. Refer to Pages 6-14 (Section B.2), Pricing Schedule. CLIN 0001 is titled “Transition In”

(Phase-In). CLIN 3013 is titled “Phase Out.” Please confirm the costs associated with the Transition In and Transition Out are cost reimbursable as the RFP is not clear.

Correct.

5. Section F.5 cites Exhibit 5-2 which requires a lot of financial reporting for cost-reimbursable contracts. Please confirm the financial requirements are only applicable for the cost-reimbursable CLINs.

Until the PRH is revised, contractors must comply with Exhibit 5-2.

6. Refer to Page 36 (Section G.3.1).

I. This section does not clarify the basis for the Technical Performance Fees. Please confirm as listed in Attachment J-1 that the calculation is based on the entire Center Operations Total (CR & FFP).

Correct.

II. Please confirm the Technical Performance Fees are not applicable to the OA/CTS CLINs as they are firm-fixed-price (FFP).

Correct.

The Contractor’s Technical Performance Incentive Fee CLIN is included in the Pricing Schedule’s FFP section. Please clarify/correct as the RFP language references adjustments to the technical fees based on Outcome Measurement System (OMS) performance.

This fee will be based on Job Corps Program Year performance.

7. The RFP fee chart is inconsistent with Attachment J-1, DFP & Incentive Fees, B.

Incentive Fees Chart. Is the contractor expected to correct the formulas?

See revised Attachment J.1.

8. Attachment J-1 has calculation issues. The formula for the Average Technical Incentive

Fee is not correct. The fees are calculated using the Total Estimated Cost Amounts in the Section A-Assessments table of the same worksheet. This total amount is expected to include fees. The incentive fees must be calculated on a total base before fees.

See revised Attachment J.1.

All of the contract costs contribute to the technical performance of the center. Therefore, the entire contract value should be used to calculate the technical incentive fees. The base for fee calculations should be different for the technical incentive and cost incentive fees.

9. Based on Section G, it appears the Pricing Summary and Schedule Cost

Reimbursement SubCLIN for Profit should be the Cost Incentive Fee amount.

No. The G&A is based on the amounts in the cost reimbursable CLINs.

The CLIN for Attachment J-1 is from the cost reimbursement NTE worksheet which is to be set at award. Please confirm offerors are expected to propose the average cost incentive fee at 2% which is consistent with the technical incentive fee proposed at average.

The NTE amounts have been provided. Contractors are to propose fee at 1.2%.

If not, how is the cost incentive fee presented in the Pricing Schedule? What does the SubCLIN for Profit listed in the cost reimbursement CLIN represent?

See answer above.

10. Pages 35-36 (Section G.3). The cost incentive fee section excludes FAR-required information. FAR 16.405-1, Cost-plus-incentive-fee contracts, states: “This contract type specifies a target cost, a target fee, minimum and maximum fees, and a fee adjustment formula.”

I. Will the form be revised or another form be included to outline the target costs by year for center operations?

The form will not be revised at the moment.

II. Clarify Section G.3.2.

a. The section does not describe fees.

b. Will this section be revised to describe the cost incentive for cost reimbursable CLINs?

No.

c. Please confirm contractors are allowed to invoice the Average Cost Incentive Fees throughout the contract years. Section G.3 does not address invoicing cost incentive fees.

Please revise the language accordingly.

No. The invoice process remains the same.

11. Refer to Page 43 (Section G.12). The language of this section is not clear or adequate for contract implementation. As the RFP later becomes the contract, the language must be clarified/revised in the RFP/proposal phase. According to FAR 11.501(b), “Liquidated damages are used to compensate the Government for probable damages. Therefore, the liquidated damages rate must be a reasonable forecast of just compensation for the harm that is caused by late delivery or untimely performance of the particular contract.”

I. The RFP states that the contractor agrees to have a maximum vacancy rating not exceeding 4%. Please define the financial or liquidated damages assessment for exceeding the 4%. The RFP is not complete in this regard. This would be double jeopardy to assess for a vacancy rate exceeding 4% as well as a specified fill rate for designated positions.

II. Please clarify how the allowable maximum vacancy rating of 4% or less is calculated (based on vacant (full-time equivalent employees or salary amounts). The calculation must be standardized and defined in the contract.

Please see Section G.12.

III. In the 4% maximum vacancy limitation, how will considerations/adjustments be made for the following:

a. Coverage provided by other positions, substitutes, overtime, etc. Contractors propose coverage for vacancies in critical areas such as security, residential living, etc.

Please see G.12.

b. With the expectation that turnover and vacancies will occur, it has been standard practice to propose float/vacancy savings and reduce the proposed costing accordingly.

IV. Please detail what is meant by the “value specified for the vacant position.”

Assessments at 50% or 100% of a specified position rate after 30 or 60 days seems punitive.

Please see G.12.

V. Please confirm the assessments for vacancies only pertain to the position titles identified in the chart and not to other vacant positions.

Please see G.12

VI. Please confirm the liquidated damages will be executed via contract modification by the Government before the contractor is to subtract the amount from a subsequent voucher. Otherwise, the contract will not reconcile.

Correct.

VII. How will the Government determine the 30-day vacancy window? How will this be reported to the Government?

This information will be in CITRIX and submitted with invoices for supporting documentation.

Please see G.4.

VIII. Would the Government reconsider the 30-day requirement to fill vacancies for the Center Director, Senior Residential Counselor, Security Personnel, and the Academic Supervisor? It typically takes longer than 30 days to post and advertise a vacancy, obtain and assess résumés and potential applicants, interview for the position, vet senior candidates with the Region (including interviewing for Center Director candidates), and provide the selected candidate time to give appropriate notice to his/her current employer.

At this time, the Government will not reconsider the 30-day requirement. The requirement remains in effect.

IX. The chart of positions includes Security Personnel. As the other positions in this listing are management or senior staff, please confirm the reference of “Security Personnel” should be revised to “Security Supervisor.”

Correct.

12. Refer to Page 69, Section I. FAR 52.245-1 – Government Property (April 2012) is incorporated by reference. The RFP is incomplete regarding the materials for the FFP contract.

I. What will be available to a contractor in the new contract? In order to properly estimate the costs for transitioning into the center, contractors must be provided estimated values of the following supplies at the time of transition-in:

a. Academic supplies & materials – Line 02

b. CTT supplies & materials – Line 04

c. Residential & recreation supplies & materials – Line 06

d. Clothing – Line 08

e. Other Support Services supplies & materials (kitchen non-food supplies, dormitory supplies, etc.) – Line 10

f. Other Career Preparation/Career Transition Readiness (CP/CTR) supplies & materials – Line 14

g. Other Administrative supplies & materials (office, classroom, computer supplies & materials) – Line 16

Please see Section J for equipment and master property list.

II. Will the materials/supplies on hand at time of transition be available at the stated guaranteed value at no charge to the new contract/contractor? Please confirm due to the absence of specific language in the RFP and according to FAR 52.245-1 (e)(2) that the contractor will retain title to all property acquired by the contractor for use on the contract in the FFP CLINs.

Please see Section J for equipment and master property list.

13. Upon contract award, will the center operator be required to report actual and budgeted spending in Financial Management System (FMS) for the fixed-price CLINs? Will the 2110 report be changing in any way to reflect the different treatment of 2110 lines (fixed vs. cost-reimbursement) as a result of this change in contract type?

No.

14. Given the departure in contract type from what we have experienced with Job Corps contracts in the past, we anticipate having to apply for a separate indirect cost rate for this type of contract. Has this RFP been reviewed by the Office of Cost Determination for applicability of this new structure to Job Corps contractors? (Most Job Corps contractors calculate their indirect cost rate based on total cost input?)

Yes.

15. The Incentive Fee Schedule on the DFP & Incentive Fees tab contains several formulas for the calculation of the cost incentive fee. The fee is calculated based on the total estimated cost which presumably contains firm-fixed-price components. According to FAR 16.202-1, cost incentive fees are not applicable to firm-fixed-price contracts. If the cost incentive fee is based only on cost reimbursement not-to-exceed expenses as would be appropriate based on FAR 16.202-1, the cost incentive fee cannot be calculated as those values have not yet been provided. Please consider revising.

Column B of the Incentive Fee schedules on the DFP & Incentive Fees tab references the total estimated costs from the Demand for Payment Schedule which presumably would already include a fee. Using an amount that already contains a fee as a basis for calculating a fee would be incorrect. If the presumption is incorrect, consider changing the column heading title in column B of the Demand for Payment schedule to specify the exclusion of fee and consider including a formula to ensure accurate completion of the schedule as intended.

Cells B48 through B51 and B55 through B58 of the DFP & Incentive Fees tab contain incorrect cell references.

Consider removing the cost incentive fee columns from the O/A and CTS incentive fees schedules since cost incentive fees are not applicable to firm-fixed-price components based on FAR 16.202-1.

Since the technical performance incentive fee is applicable to O/A and CTS, why is there not a line titled “Technical Performance Incentive Fee” under the O/A and CTS CLINs of the Pricing Summary tab and Outreach and Admissions tab?

Furthermore, cells F26, F71, F116, and F161 are quantifying the Contractor’s Technical Performance Incentive Fee under the Center Operations Parent CLINs, but the formulas are including the Technical Performance Incentive Fee for O/A and CTS. Please consider revising.

The Demand for Payment Schedule on the DFP & Incentive Fee tab contains an incorrect example as the schedule does not function as intended. Please consider revising the formulas and column heading titles to properly reflect the intended values as follows:

Remove (20%) from the title in Column E and enter formulas in E16-E19 to accurately calculate the Student Per Day Cost with formulas dividing the corresponding D cells by

365. Column F should then reflect 20% of the per day cost reflected in Column D by inputting formulas multiplying the corresponding E cells by 0.20. Change Column F to 20% of Student Per Day Cost.

Please see revised Attachment J-1.

16. Refer to Pages 36-38 (Section G.3) and Attachment J-1. This section fails to adequately specify which fee types are applicable to the firm-fixed-price (FFP) CLINs and which are applicable to the cost reimbursement (CR) CLINs. Consider explicitly specifying which incentive fee types are applicable to which CLINs and revise the J-1 to comply with these specifications.

Please see revised Attachment J-1.

17. Refer to Page 36-37 (Section G.3). Please provide the amount of the performance excellence bonus. Also consider providing the formula/requirements for earning both the technical performance incentive fee and performance excellence bonus.

Please see answer above.

Why does the fee table for Outreach and Admissions and Career Transition Services only contain a column for Minimum Technical Performance Incentive Fee (0%)?

There is no incentive fee for OA/CTS.

18. Refer to Page 38 (Section G.3.2). Please provide the formula to calculate the amount of cost incentive fee earned.

Contractors shall use 1.2% as stated.

This section does not mention if and how much of the cost incentive fee is billable. Please clarify.

Invoicing has not changed.