38 - Solicitation CES.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE 1 OF

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 63

2. CONTRACT NO. 3. AWARD/EFFECTIVE 4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE

AG-82A7-S-10-0025

DATE

3-12-2010

a. NAME kjfortney@fs.fed.us b. TELEPHONE NUMBER(No collect 8. OFFER DUE DATE/

7. FOR SOLICITATION Kelly Fortney calls) 919-549-4001 LOCAL TIME

INFORMATION CALL: 4-12-2010/4:30 EST

9. ISSUED BY CODE 10. THIS ACQUISITON IS

USDA Forest Service

UNRESTRICTED OR SET ASIDE: % FOR

Attn: Kelly Fortney SMALL BUSINESS EMERGING SMALL

BUSINESS

3041 Cornwallis Road

RTP, NC 27709

HUBZONE SMALL

NAICS: 611699 BUSINESS

SERVICE-DISABLED VETERAN- 8(A)

SIZE STANDARD: $7.0 m OWNED SMALL BUSINESS

11. DELIVERY FOR FOB DESTINATION

UNLESS BLOCK IS MARKED

SEE SCHEDULE

12. DISCOUNT TERMS 13a. THIS CONTRACT IS A RATED

ORDER UNDER DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE

16. ADMINISTERED BY CODE

See block 9

17a. CONTRACTOR/ CODE FACILITY

OFFEROR CODE

18a. PAYMENT WILL BE MADE BY CODE

LBJ Job Corps Center 3170 Wayah Rd Franklin, NC 28734

TELEPHONE N0.

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

OFFER IS CHECKED

SEE ADDENDUM

19. 20. 21. 22. 23. 24.

ITEM N0. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Do not fill out this area.

See Schedule of Items page 4

Also refer to :

Instructions (52.212-1) page 34 Evaluation Criteria (52.212-2) page 38 Reps and Certs (52.212-3) page 40

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________ 29. AWARD OF CONTRACT: REF. OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY DATED .. YOUR OFFER ON SOLICITATION ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS: ____________________

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 1449 (REV.3/2005)

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ________________________________________

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELPHONE NUMBER OF AUTHORZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

36. PAYMENT 37. CHECK NUMBER

|PARTIAL | |FINAL

COMPLETE PARTIAL FINAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER

FOR PAYMENT

42a. RECEIVED BY (Print)

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE 42b. RECEIVED AT (Location)

42c. DATE RECD (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV.3/2005) BACK

TABLE OF CONTENTS

Section Page No.

SF-1449 Solicitation/Contract/Order 1 Table of Contents 3 Schedule of Items 4 Statement of Work 9 Contract Clauses 17 List of Attachments 33 DOL Wage Determination No 2005-2389; Rev 10; dated 08/07/2009 54 PRH – Job Corps Policy and Requirements Handbook 66 pages * CDSS- Career Development Services System 33 pages *

*separate attachments from solicitation

Solicitation Provisions 34 Evaluation Criteria 38 Reps and Certs 40

SCHEDULE OF ITEMS

EDUCATION SERVICES/LBJ JOB CORPS

Base period: Award date – July 1, 2010

Contract Line Item # Unit Quantity Unit Price per month Item Total Price per month

1. Reading Instructor 1

2. Mathematics 1 Instructor

3. Test of Adult Basic 1 Education (TABE)

4. GED 1

Certification/High School Diploma

5. Employability Skills 1 Training/Workplace Communications

6. Diversity 1 Training/Wellness Training

7. Driver Education 1

8. Placement 1

9. Information Technology Instructor (IT) 1

10. Academic Clerk 1

Monthly Program Price:

Base Year Program Price:

It is the intent of the government to fill these positions federally.

The initial contract includes 11 temporary contract employees whose position(s) would be eliminated as the Forest Service is able to fill the positions federally.

Option year 1: - July 1, 2011 - June 30, 2012

3. Test of Adult Basic 1 Education (TABE)

4. GED 1

Certification/High School Diploma

5. Employability Skills 1 Training/Workplace Communications

6. Diversity 1 Training/Wellness

9. Information Technology Instructor

(IT) 1

Option Year One Program Price:

The initial contract includes 11 temporary contract employees whose position(s) would be eliminated as the

Option year 2: July 1, 2012 - June 30, 2013

3. Test of Adult Basic 1 Education (TABE)

4. GED 1

Certification/High School Diploma

5. Employability Skills 1 Training/Workplace Communications

6. Diversity 1 Training/Wellness

Instructor (IT)

Option Year Two Program Price:

The initial contract includes 11 temporary contract employees whose position(s) would be eliminated as the

Option year 3: July 1, 2013 - June 30, 2014

3. Test of Adult Basic 1 Education (TABE)

4. GED 1

Certification/High School Diploma

5. Employability Skills 1 Training/Workplace Communications

6. Diversity 1 Training/Wellness

Option Year Three Program Price:

The initial contract includes 11 temporary contract employees whose position(s) would be eliminated as the

Option year 4: July 1, 2014 - June 30, 2015

3. Test of Adult Basic 1 Education (TABE)

4. GED 1

Certification/High School Diploma

5. Employability Skills 1 Training/Workplace Communications

6. Diversity 1 Training/Wellness

Option Year Four Program Price:

The initial contract includes 11 temporary contract employees whose position(s) would be eliminated as the

TOTAL PROGRAM CONTRACT PRICE w/OPTIONS:________________

COMMERCIAL ITEMS AG-82A7-S-10-0025

Education Services Lyndon B. Johnson Job Corps Center

SECTION C- DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C.1 GENERAL

The contractor shall provide qualified education staff to provide education services at the Lyndon B. Johnson Civilian Conservation Center. The Education contract will be awarded for one base year, the period of July 1, 2010 through June 30, 2011, with 4 option periods to be exercised at the right of the government. This statement of work consists of completing the task/subtasks in C.5 to the “Quality Assurance Requirement” of C.7.

C.2 DEFINITIONS

CO – Contracting Officer COR – Contracting Officer’s Representative PRH – The Job Corps Policy and Requirements Handbook – Department of Labor (DOL) procedures for operating the Job Corps program.

WBL – Work Base Learning SOP – Standard Operating Procedures – Defined operating procedures that cover routine and recurring procedures on the Job Corps Center.

OMS – Outcome Measurement System HSD – High School Diploma CDSS – Career Development Services System

C.3 GOVERNMENT FURNISHED PROPERTY

The main education building contains approximately 9,000 square feet and includes the following facilities:

Main Education Building:

a. 9 classrooms

b. 1 male restroom

c. 1 female restroom

d. 2 offices

e. 1 break/conference room

f. IT/Tutor lab

Student Service Building:

a. Career Transition readiness

b. Career Transition Preparation

c. Employability Class

The driver’s education program is located in the Education building.

The Government will provide for utilities and maintenance services related to the above listed facilities;

janitorial services to be provided by the Contractor.

Classroom and office furniture and equipment, materials and supplies to include:

1. Tables, chairs, file cabinets, desks, computers, printers, etc.

2. Government publications, handbooks, forms, testing materials, and other literature pertaining to the academic education, work based learning, and community relations programs.

3. Basic classroom and office supplies (paper, pencils, etc.)

Acquisition, maintenance, repair and replacement of classroom and office furniture and equipment.

Telephone service including local and long distance service.

FAX and copying services.

Mail (postage)

Access to appropriate computer equipment (hardware and software) and printers

VCR/DVD’s monitors, and other appropriate AV equipment, as necessary.

Security for Center facilities during other than normal working hours.

Fire protection and OSHA approved safety programs governing the use of Government-furnished facilities and equipment

Vehicle required for Driver Education Program.

Government vehicles to support education, work based learning, and community relations activities. Contractor will be required to furnish drivers as needed to meet the terms of the contract. Drivers must possess a valid North Carolina State Driver’s License.

C.4 CONTRACTOR FURNISHED CRITICAL ITEMS/SERVICES

Item # Quantity Description

1. Reading Instructor 1 Develop and administer a reading program which provides students with the skills needed for employment in their chosen occupations and assists them to function independently in society.

Specific instruction outlined in PRH Chapter 3, 3.8, R1 through R3 and Center CDSS plan.

2. Mathematics Instructor

1 Develop and administer a mathematics program which provides students with the skills needed for employment in their chosen occupations. Specific instruction outlined in PRH Chapter 3, 3.10, R1 through R3 and Center CDSS plan.

3. Test of Adult Basic Education (TABE)

1 Contractor will ensure that the TABE is scheduled, administered, and recorded in conformity with Required procedures outlined in PRH Chapter 3,

3.6 R4 and Center CDSS plan.

Education Services Lyndon B. Johnson Job Corps Center

4. GED

Certification/High School Diploma

1 Provide students with the skills and knowledge necessary to pass the examination for the General Education Development (GED) Certificate or to obtain their high school diploma (HSD).

Contractor will make every possible effort to assure that students attain their GED or HSD.

Specific requirements for the GED/HSD are found in PRH Chapter 3, 3.11, R1 through R3 and Center CDSS plan.

5. Employability Skills Training/Workplace Communications

1 Contractor will ensure that the practice of skills that make students employable is fully integrated into all aspects of academic education and that students acquire the skills, knowledge, and attitudes that will make them assets to employers.

Specific requirements found in PRH Chapter 3, 3.9 & 3.15 and Center CDSS plan.

6. Diversity Training/Wellness Training

1 Diversity: Contractor will provide a program designed to increase understanding among members of the various ethnic, racial, and religious groups and which prepares students to live and work in a diverse society. Requirements for program structure and content are found in PRH Chapter 3, 3.17 R1 through R3 and Center CDSS plan.

Wellness Training: Contractor will provide instruction to students on practices which lead to physical and mental health and which enhance employability. Instruction is required for each of the subjects listed in PRH Chapter 3, 3.19, R1 & R2 and Center CDSS plan.

7. Driver Education 1 Contractor will provide driver education training to all students who do not already possess driver’s license. Students will be provided the skills and knowledge necessary to pass the State examination and will be given the opportunity to acquire a driver’s license while enrolled. Specific requirements for driver education are contained in PRH Chapter 3, 3.23, R1 through R4 and Center CDSS plan. The driver education program must meet State of North Carolina licensing requirements for classroom and/or on-the-road training. The Government shall pay the cost of such licenses for students who qualify for them.

8. Placement 1 Assists CTS in obtaining employment for students leaving the program.

9. Information 1 Provide students with information technology

Education Services Lyndon B. Johnson Job Corps Center

Technology (IT) Instructor skills needed for employment and job retention in their chosen career fields. Reference PRH Chapter 3, 3.16, R1 through R4

10. Academic Clerk 1 Provide clerical support to education manager and education staff. Develop weekly student schedules.

C.5 PERFORMANCE WORK STATEMENT TASKS/CRITICAL SUBTASKS

C.5.1 Student Training:

C.5.1.1 The Contractor shall present and supplement the Academic Education, and Center Career Transition Services program in accordance with the Job Corps Education Program Guidelines contained in the U. S. Department of Labor’s (DOL) “Policy and Requirements Handbook.” The program will be so designed as to provide for:

1. Individualized instruction and rate of progression for each trainee.

2. The development, as a minimum, of the skills necessary for obtaining a GED/HD, Employability Skills, and Social Skill necessary to obtain a viable job placement for students exiting the program.

C.5.1.2 The Contractor shall provide, in addition to the basic program requirements, additional and/or supplemental training to individual trainees. This additional and/or supplemental training is to ensure that students acquire the skills, knowledge and attitudes to make them employable, and that the student meets the requirements of today’s business industry needs.

C.5.1.3 The training program shall be designed to accommodate a minimum of 205 trainees.

Students shall be assigned to the program on the basis of their educational capability. An average of one-half the training capacity will be assigned to the program per week in accordance with Job Corps maximum benefits system guidelines. At no time shall the number of students physically in the academic education program exceed 100 students per week. Every effort shall be made by the Contractor and the Center to ensure a sufficient and manageable number of trainees are scheduled in the program at all times.

C.5.1.4 If the any instructor provided by the Contractor is absent for more than 2 consecutive days it will be the Contractor’s responsibility to insure a qualified replacement is available to assume the instructor’s job duties until their return.

C.6 Academic Instructors

Diversity training

1. Identification and use of curriculum

2. Assessment, assignment and scheduling of students

3. Evaluation and measurement of student progress

4. Integration with other training curricula

Test of Adult Basic Education (TABE)

1. Scheduling of students

2. Test administration

3. Ensuring integrity of test procedures and results

Reading

2. Assessment and assignment of students

Mathematics

2. Assessment and assignment of students

GED Certificate/High School Diploma

2. Assessment and assignment of students

Work Place Communications & Employability Skills Training

2. Assessment and assignment of students

Wellness

2. Assessment and assignment of students

Drivers Education

2. Assessment and assignment of students

3. Evaluation and measurement of student progress

4. Integration with other training curricula

Information Technology (IT) Instructor

1. Enable students to apply basic IT to the development of their academic skills.

2. Provide students with IT skills needed for employment and job retention.

C.6.1 Support Services

Placement

1. Assist students in finding employment.

2. Follow up on student after leaving Center.

Academic & Scheduling Clerk

1. Provide clerical support to education manager and staff

2. Develop weekly student schedule

C.7 GOVERNMENT PUBLICATIONS/INDUSTRY STANDARDS/STATE STANDARDS/GOVERNMENT

STANDARDS/TECHNICAL EXHIBITS

Chapter 3, Policy & Requirements Handbook (PRH) Career Development Services System plan (CDSS) Copy of OMS 10 report

C.8 QUALITY ASSURANCE PLAN/REQUIREMENTS

Task/ Critical Subtask

Quality/Performance Standards

Acceptable Quality Level

Means of Measurement

Penalties Incentives

C.6 Academic Instructors:

Reading Instructor Math Instructor GED Instructor Employability Skills/Workplace Communications Diversity/Wellness Driver Education

Obtain 50% of the model base for GED and HSD as reflected on the OMS10

Monthly

OMS10

Report

Appropria te administra tive actions to improve performan ce taken by administra tion

Same

C.6.1 Support Services:

TABE,

Placement, Academic Scheduling Clerk

Placement (Career Transition Services):

Meets All terminee placement Rate, Model Based and average wage at placement as measured on the OMS

Audit by COR Appropria te administra tive actions to improve performan ce taken by administra tion

Same

H.1 Requirement to Complete USDA Privacy Basics Course USDA policy requires that all contractors who have access to, processes, or maintains protection of personal information maintained by the Forest Service successfully complete the USDA Privacy Basics training course.

Contractors are required to complete the course prior to the performance start date or no later than 30 days after contract award or notice to proceed. The Contractor will be provided training course materials and instructions for course completion.

H.2 INSTRUCTOR’S SUBSISTENCE AND TRANSPORTATION

(a) Subsistence

While the Contractor is in travel status in connection with the performance of this contract, the Government shall allow, as reimbursable costs to the Contractor, reasonable and necessary subsistence expenses, including lodging of instructor personnel, in an amount not to exceed that established by the General Services Administration’s Government Travel Regulations, per person, per calendar day.

Travel costs will be reimbursed outside of this contract and are not included as a separate line item.

(1) Subsistence expenses shall not be reimbursable for travel wholly performed within one (1) calendar day in which overnight lodging is not required. Subsistence reimbursement shall be computed in accordance with the current Federal Travel Regulations

(b) Transportation

The Government shall also allow, as reimbursable costs to the Contractor, the reasonable and necessary transportation expenses of instructor personnel in connection with contract performance.

(1) Transportation for instructor personnel shall be by the mode, which is most economical to the Government to the extent that such mode is consistent with the Contractor’s requirements in performing this contract.

(2) In lieu of reimbursement for actual transportation expenses in connection with transportation of instructor personnel by privately-owned vehicles, the Contractor shall be reimbursed in accordance with current Federal Travel Regulations.

H.3 REPORTING ALLEGED CHILD ABUSE

Pursuant to the spirit and requirements of P.L. 101-647, Section 225 and 226, the following applies:

Any employee or representative of the Contractor who become aware of allegations that a child in the program covered by this contract is (a) a victim of a crime of physical abuse, sex abuse, or exploitation; or (b) a witness to a crime committed against another person; shall make a report of the suspected abuse to the Contracting Officer’s Representative within 24 hours. The initial report shall be made by phone and shall be followed-up in writing, providing salient points of the allegations.

When such allegations about a contractor employee occur as covered by this clause, the contractor employee who is the subject of the allegations will immediately be required to vacate the work site and will be replaced by

Education Services Lyndon B. Johnson Job Corps Center another contactor employee. The subject employee will remain away from the work site until an investigation is completed. The Government will not incur additional costs by the contractor who must provide a replacement employee.

The Contractor shall limit disclosure of documents concerning alleged child abuse to the persons who by reason of their participation in the proceeding have reason to know such information.

Any conviction of a sex crime, an offense involving a child victim or drug felony, will be grounds for denying employment or for dismissal of an employee in any position-serving children. Conviction of a crime other than a sex crime may be considered if it bears on an individual’s fitness to have responsibility for the safety and well being of children. The consideration of another crime bearing on an individual’s fitness will be mutually agreed upon between the NTC and agency involved.

Continuation of SF1449 Block 27: The full text of a clause or provision may be accessed electronically at www.arnet.gov/far/

CONTRACT CLAUSES

FAR 52.212-4 Contract Terms and Conditions--Commercial Items (OCT 2008)

(a) Inspection/Acceptance

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights—

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., (c) use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

Changes

(d)

. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

Disputes. This contract is subject to the Contract Disputes Act of 1978, as amended (41 U.S.C. 601-613).

Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays

(g) Invoice.

. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include—

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, contract line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

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(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer— Central Contractor Registration, or 52.232-34, Payment by Electronic Funds Transfer—Other Than Central Contractor Registration), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by

EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR Part 1315.

(h) Patent indemnity

(i) Payment.—

. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(1) Items accepted

(2)

. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR Part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount

(5)

. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

Overpayments

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

(A) Circumstances of the overpayment (e.g.

(B) Affected contract number and delivery order number, if applicable;

, duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(C) Affected contract line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest

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Education Services Lyndon B. Johnson Job Corps Center

Disputes Act of 1978 (Public Law 95-563), which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if—

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in

32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

(j) Risk of loss

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes (l)

. The contract price includes all applicable Federal, State, and local taxes and duties.

Termination for the Government’s convenience

(m)

. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and http://www.acquisition.gov/comp/far/current/html/Subpart%2033_2.html#wp1079912� http://www.acquisition.gov/comp/far/current/html/Subpart%2032_6.html#wp1031290� http://www.acquisition.gov/comp/far/current/html/Subpart%2032_6.html#wp1031326�

Education Services Lyndon B. Johnson Job Corps Center conditions, or fails to provide the Government, upon request, with adequate assurances of future performance.

In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title

(o)

. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

Warranty

(p)

. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

Limitation of liability

(q)

. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

Other compliances

(r)

. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts;

18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. 3701, et seq., Contract Work Hours and Safety Standards Act; 41 U.S.C. 51-58, Anti-Kickback Act of 1986; 41 U.S.C. 265 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. 423 relating to procurement integrity.

(s) Order of precedence

(1) The schedule of supplies/services.

. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, and Compliance with Laws Unique to Government Contracts paragraphs of this clause.

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) Central Contractor Registration (CCR).

(1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the CCR database, and for any liability resulting from the Government’s reliance on inaccurate or incomplete data. To remain registered in the CCR database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the CCR database to ensure it is current, accurate and complete. Updating information in the CCR does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(2)(i) If a Contractor has legally changed its business name, “doing business as” name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in FAR Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day’s written notification of its intention to (A) change the name in the CCR database; (B) comply with the requirements of Subpart 42.12; and (C) agree in writing to the timeline and procedures specified by the http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t29t32+1665+30++%2831%29%20%20AND%20%28%2831%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20� http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t17t20+160+141++%2818%29%20%25� http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t37t40+1574+51++%2840%29%20%20AND%20%28%2840%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20� http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t41t42+2+13++%2841%29%20%20AND%20%28%2841%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20� http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t41t42+2+13++%2841%29%20%20AND%20%28%2841%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20� http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t09t12+37+408++%2810%29%20%252� http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t49t50+2+224++%2849%29%20%20AND%20%28%2849%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20� http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t41t42+2+13++%2841%29%20%20AND%20%28%2841%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20� http://www.acquisition.gov/comp/far/current/html/52_212_213.html#wp1179527� http://www.acquisition.gov/comp/far/current/html/FormsStandard68.html#wp1186059� http://www.acquisition.gov/comp/far/current/html/Subpart%2042_12.html#wp1084217� http://www.acquisition.gov/comp/far/current/html/Subpart%2042_12.html#wp1084217�

Education Services Lyndon B. Johnson Job Corps Center responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the CCR information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract.

(3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the CCR record to reflect an assignee for the purpose of assignment of claims (see Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the CCR database. Information provided to the Contractor’s CCR record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the “Suspension of payment” paragraph of the EFT clause of this contract.

(4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via the internet at http://www.ccr.gov or by calling 1-888-227-2423 or 269-961-5757.

452.204-71 PERSONAL IDENTITY VERICATION OF CONTRACTOR

EMPLOYEES (OCT 2007)

(a) The contractor shall comply with the personal identity verification (PIV) policies and procedures established by the Department of Agriculture (USDA) Directives 4620-002 series.

(b) Should the results of the PIV process require the exclusion of a contractor’s employee, the contracting officer will notify the contractor in writing.

(c) The contractor must appoint a representative to manage compliance with the PIV policies established by the USDA Directives 4620-002 series and to maintain a list of employees eligible for a USDA LincPass required for performance of the work.

(d) The responsibility of maintaining a sufficient workforce remains with the contractor.

Employees may be barred by the Government from performance of work should they be found ineligible or to have lost eligibility for a USDA LincPass. Failure to maintain a sufficient workforce of employees eligible for a USDA LincPass may be grounds for termination of the contract.

(e) The contractor shall insert this clause in all subcontracts when the subcontractor is required to have routine physical access to a Federally-controlled facility and/or routine access to a Federally-controlled information system.

(f) The PIV Sponsor for this contract is a designated program point of contact, which in most cases is the Contracting Officer Representative (COR), unless otherwise specified in this contract. The PIV Sponsor will be available to receive contractor identity information from 8-4 Monday-Friday at LBJ Job Corps Center.

The Government will notify the contractor if there is a change in the PIV Sponsor, the office address, or the office hours for registration; however, it is the contractor’s responsibility http://www.acquisition.gov/comp/far/current/html/Subpart%2032_8.html#wp1029202� http://www.ccr.gov/�

Education Services Lyndon B. Johnson Job Corps Center to meet all aspects of paragraphs (c), (d), and (e).

FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders— Commercial Items (JUN 2009)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).

(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108- 78).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer shall check as appropriate.]

__x_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sep 2006), with Alternate I (Oct 1995)(41 U.S.C. 253g and 10 U.S.C. 2402).

__x_ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Dec 2008) (Pub.

L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Mar 2009) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009).

___ (4) 52.204-11, American Recovery and Reinvestment Act—Reporting Requirements (Mar 2009) (Pub. L. 111-5).

___ (5) 52.219-3, Notice of Total HUBZone Set-Aside (Jan 1999)(15 U.S.C. 657a).

___ (6) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Jul 2005) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

___ (7) [Reserved]

__x_ (8) (i) 52.219-6, Notice of Total Small Business Aside (June 2003) (15 U.S.C. 644).

___ (ii) Alternate I (Oct 1995) of 52.219-6.

___ (iii) Alternate II (Mar 2004) of 52.219-6.

___ (9) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003)(15 U.S.C.

644).

___ (ii) Alternate I (Oct 1995) of 52.219-7.

___ (iii) Alternate II (Mar 2004) of 52.219-7.

__x_ (10) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C.

637(d)(2) and (3)).

___ (11) (i) 52.219-9, Small Business Subcontracting Plan (Apr 2008)(15 U.S.C. 637 (d)(4).)

___ (ii) Alternate I (Oct 2001) of 52.219-9.

___ (iii) Alternate II (Oct 2001) of 52.219-9.

_x__ (12) 52.219-14, Limitations on Subcontracting (Dec 1996)(15 U.S.C. 637(a)(14)).

___ (13) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999)(15 U.S.C.

637(d)(4)(F)(i)).

___ (14) (i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Oct 2008)(10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).

___ (ii) Alternate I (June 2003) of 52.219-23.

___ (15) 52.219-25, Small Disadvantaged Business Participation Program— Disadvantaged Status and Reporting (Apr 2008)(Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

___ (16) 52.219-26, Small Disadvantaged Business Participation Program—Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

___ (17) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (May 2004) (15 U.S.C. 657 f).

_x__ (18) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2009) (15 U.S.C. 632(a)(2)).

_x__ (19) 52.222-3, Convict Labor (June 2003)(E.O. 11755).

___ (20) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Feb 2008) (E.O. 13126).

_x__ (21) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

_x__ (22) 52.222-26, Equal Opportunity (Mar 2007)(E.O. 11246).

__x_ (23) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sep 2006)(38 U.S.C. 4212).

__x_ (24) 52.222-36, Affirmative Action for Workers with Disabilities (Jun 1998)(29 U.S.C. 793).

__x_ (25) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sep 2006)(38 U.S.C. 4212).

_x__ (26) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (Dec 2004) (E.O. 13201).

__x_ (27) 52.222-54, Employment Eligibility Verification (Jan 2009). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

___ (28) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA- Designated Items (May 2008)(42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (29) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

__x_ (30) (i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (Dec 2007) (E.O. 13423).

___ (ii) Alternate I (Dec 2007) of 52.223-16.

___ (31) 52.225-1, Buy American Act--Supplies (Feb 2009)(41 U.S.C. 10a-10d).

___ (32) (i) 52.225-3, Buy American Act –Free Trade Agreements – Israeli Trade Act (Jun 2009) (41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C.

3805 note, Pub. L. 108-77, 108-78, 108-286, 108-301, 109-53, 109-169, 109-283, and 110-138).

___ (ii) Alternate I (Jan 2004) of 52.225-3.

___ (iii) Alternate II (Jan 2004) of 52.225-3.

___ (33) 52.225-5, Trade Agreements (Jun 2009) (19 U.S.C. 2501, et seq., 19 U.S.C.

3301 note).

___ (34) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

___ (35) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

___ (36) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

___ (37) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

___ (38) 52.232.30, Installment Payments for Commercial Items (Oct 1995)(41 U.S.C.

255(f), 10 U.S.C. 2307(f)).

__x_ (39) 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration (Oct. 2003)(31 U.S.C. 3332).

___ (40) 52.232-34, Payment by Electronic Funds Transfer—Other Than Central Contractor Registration (May 1999)(31 U.S.C. 3332).

___ (41) 52.232-36, Payment by Third Party (May 1999)(31 U.S.C. 3332).

___ (42) 52.239-1, Privacy or Security Safeguards (Aug 1996)(5 U.S.C. 552a).

___ (43) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006)(46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).

___ (ii) Alternate I (Apr 2003) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

__x_ (1) 52.222-41, Service Contract Act of 1965 (Nov 2007)(41 U.S.C. 351, et seq.).

__x_ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989)(29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

__x_ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act -- Price Adjustment (Multiple Year and Option Contracts) (Nov 2006)(29 U.S.C.206 and 41 U.S.C. 351, et seq.).

___ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act -- Price Adjustment (Feb 2002)(29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

___ (5) 52.222-51, Exemption from Application of the Service Contract Act to…