AG-82A7-S-12-0068 Attachement to SF 1449.pdf

PDF 242 KB Posted May 17, 2012

Attached to: Business Instructor - Flatwoods Job Corp
Solicitation number: AG-82A7-S-12-0068
Issued by: Department of Agriculture Forest Service Job Corps

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Business Instructor Flatwoods JCCC

TABLE OF CONTENTS

PART CONTENTS PAGE

I STANDARD FORM (SF) 1449 1-3

Continuation of SF 1449

II CONTRACT CLAUSES 4-9

FAR 52.212-4, Contract Terms and Conditions - Commercial Items Addendum to FAR 52.212-4 FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes and Executive Orders

III CONTRACT DOCUMENTS, EXHIBITS, AND ATTACHMENTS 10-19

Scope of Work Special Contract Requirements

Exhibit 1 -- U.S. Dept of Labor Wage Determination 16 Exhibit 2 -- Quality Assurance Surveillance Plan 19

IV SOLICITATION PROVISIONS 20-34

FAR 52.212-1, Instructions to Offerors – Commercial Items FAR 52.212-2, Evaluation – Commercial Items FAR 52.212-3, Offerors Representations & Certifications -- Commercial Items Addendum to FAR 52.212-3 (includes proposal submission instructions)

ATTACHMENT TO SF 1449 - SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL | PAGE OF PAGES

ITEMS AG-82A7-S-12-0068 | |

IN REFERENCE TO Contract Terms and Conditions | 2 | 34

Business Technology Instructor Flatwoods Job Corp Center

CONTINUATION OF STANDARD FORM 1449

1. Continuation of Block 17b:

Remittance Address: When the Contractor wishes payments to be mailed to an address other than that shown in block 17a of the Standard Form 1449, the Contractor shall insert the remittance address below:

2. Continuation of Blocks 19 through 24 (Schedule of Services):

BASIC SERVICES – See Special Contract Requirements, and Exhibits 2 and 3. Provide all management, supervision, labor, supplies, materials, and equipment (except as otherwise specified herein); and plan, schedule, and coordinate as necessary to ensure effective performance of all services as specified herein. The Contractor shall be fully responsible for providing Business Technology Instructor as indicated herein for the location listed below:

Flatwoods Job Corp Civilian Conservation Center 2803 Dungannon Rd Coeburn VA 24230

Prices for all years shall be based on the Wage Determination in Exhibit 1. Offerors shall not include any contingencies for increased labor costs for which adjustments are provided through FAR 52.222-43, Fair Labor Standards Act and Service Contract Act -- Price Adjustment clause.

Contractor personnel will perform all work required in the Performance Work Statement (PWS) for the amounts agreed to below, working Monday – Friday, excluding Federal holidays. Specific hours of duty must comply with PWS requirements and shall be agreed to through coordination with Center personnel.

When Contractor personnel are on vacation, sick leave, or any other leave, a qualified substitute instructor shall be provided by the Contractor in accordance with the PWS.

IN REFERENCE TO Contract Terms and Conditions | 3 | 34

A detailed breakdown of the proposed prices may be requested for evaluation purposes.

19.

ITEM

NO.

20.

SCHEDULE OF SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

TOTAL AMT

BASE YEAR SERVICES: July 01, 2012 – June 30, 2013

0001 Business Instructor 12 MO $ $

NO.

20.

SCHEDULE OF SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

TOTAL AMT

OPTION YEAR I SERVICES: July 01, 2013 – June 30, 2014

0002 Business Instructor 12 MO $ $

NO.

20.

SCHEDULE OF SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

TOTAL AMT

OPTION YEAR II SERVICES: July 01, 2014 – June 30, 2015

0003 Business Instructor 12 MO $ $

NO.

20.

SCHEDULE OF SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

TOTAL AMT

OPTION YEAR III SERVICES: July 01, 2015 – June 30, 2016

0004 Business Instructor 12 MO $ $

NO.

20.

SCHEDULE OF SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

TOTAL AMT

OPTION YEAR IV SERVICES: July 01, 2016 – June 30, 2017

0005 Business Instructor 12 MO $ $

IN REFERENCE TO Contract Clauses | 4 | 34

Business Instructor Flatwoods JCCC

PART II -- CONTRACT CLAUSES

FAR 52.212-4 CONTRACT TERMS AND CONDITIONS -- COMMERCIAL ITEMS (FEB 2012)

(TAILORED)

(As stated in Block 27 of the SF 1449, this clause is Incorporated By Reference; however, in accordance with FAR 12.302, the following paragraphs of this clause have been tailored, all other paragraphs remain unchanged.)

(c) Changes (tailored). Changes in the terms and conditions of this contract may be made only by written agreement of the parties. NOTE: Modifications to exercise option years are issued unilaterally, as it’s at the Government’s sole discretion to invoke additional performance periods.

ADDENDUM TO FAR 52.212-4

1. FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address: https://www.acquisition.gov/far

52.204-9 Personal Identity Verification of Contractor Personnel Jan 2011 52.217-8 Option to Extend Services 15 calendar days prior to contract expiration date Nov 1999 52.228-5 Insurance -- Work on a Government Installation Jan 1997 52.237-7 Indemnification and Medical Liability Insurance Jan 1997

AGAR 452.204-71 Personal Identity Verification of Contractor Personnel Oct 2007 452.215-73 Post Award Conference Nov 1996 452.224-70 Confidentiality of Information Feb 1988 452.228-71 Insurance Coverage Nov 1996

2. FAR 52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a fixed-price contract resulting from this solicitation.

3. FAR 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 15 days;

provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years and 6 months.

4. AGAR 452.237-74 KEY PERSONNEL (FEB 1988)

(a) The Contractor shall assign to this contract the following key personnel: Business Instructor

(b) During the first ninety (90) days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the Contracting Officer within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial 90-day period, the Contractor shall submit the

IN REFERENCE TO Contract Clauses | 5 | 34 information required by paragraph (c) to the Contracting Officer at least 15 days prior to making any permanent substitutions.

(c) The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. Proposed substitutes should have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the Contractor within 15 calendar days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes of key personnel.

5. AGAR 452.237-75 RESTRICTIONS AGAINST DISCLOSURE (FEB 1988)

(a) The Contractor agrees, in the performance of this contract, to keep all information contained in source documents or other media furnished by the Government in the strictest confidence. The Contractor also agrees not to publish or otherwise divulge such information in whole or in part in any manner or form, or to authorize or permit others to do so, taking such reasonable measures as are necessary to restrict access to such information while in the Contractor's possession, to those employees needing such information to perform the work provided herein, i.e., on a "need to know" basis. The Contractor agrees to immediately notify in writing, the Contracting Officer, named herein, in the event that the Contractor determines or has reason to suspect a breach of this requirement.

(b) The Contractor agrees not to disclose any information concerning the work under this contract to any persons or individual unless prior written approval is obtained from the Contracting Officer. The Contractor agrees to insert the substance of this clause in any consultant agreement or subcontract hereunder.

3. TERM OF CONTRACT: Performance of the work requirements under this contract is expected to begin on July 01, 2012, and continue through June 30, 2013, with four (4) 12-month option periods.

4. 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 becomes 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 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.

FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO

IMPLEMENT STATUTES OR EXECUTIVE ORDERS -- COMMERCIAL ITEMS

(MAY 2012)

IN REFERENCE TO Contract Clauses | 6 | 34

(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)).

____ Alternate I (Aug 2007) of 52.222-50 (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 into this contract by reference to implement provisions of law or Executive Orders applicable to acquisitions of commercial items:

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

(2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

(3) 52.203-15, Whistleblower Protections under the American Recovery & Investment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery & Reinvestment Act of 2009).

X (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Feb 2012) (Pub. L. 109-282) (31 U.S.C. 6101 note).

(5) 52.204-11, American Recovery & Reinvestment Act – Reporting Requirements (Jul 2012) (Pub. L. 109-282)(31 U.S.C. 6101 note)

X (6) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Dec 2010) (31 U.S.C.

6101 note).

(7) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Feb 2012) (41 U.S.C. 2313).

X (8) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (section 740 of Division C of Pub. L. 111-117, section 743 of Division D of Pub. L. 111-8, and section 745 of Division D of Pub. L. 110-161).

(9) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C.

657a).

(10) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Jan 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

(11) [Reserved] X (12)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644).

(ii) Alternate I (Nov 2011) of 52.219-6.

(iii) Alternate II (Nov 2011) of 52.219-6.

(13)(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 (14) 52.219-8, Utilization of Small Business Concerns (Jan 2011) (15 U.S.C. 637(d)(2) and

(3)).

(15)(i) 52.219-9, Small Business Subcontracting Plan (Jan 2011) (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.

(iv) Alternate III (Jul 2010) of 52.219-9.

(16) 52.219-13, Notice of Set-Aside of Orders (Nov 2011)(15 U.S.C. 644(r)).

X (17) 52.219-14, Limitations on Subcontracting (Nov 2011)(15 U.S.C. 637(a)(14)).

(18) 52.219-16, Liquidated Damages – Subcontracting Plan (Jan 1999)(15 U.S.C.

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

(19)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business

Concerns (Oct 2008)(10 U.S.C. 2323) (if offeror elects to waive the adjustment, it shall so indicate in its offer).

(ii) Alternate I (June 2003) to 52.219-23.

(20) 52.219-25, Small Disadvantaged Business Participation Program – Disadvantaged Status and Reporting (Dec 2010)(Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

IN REFERENCE TO Contract Clauses | 7 | 34

(21) 52.219-26, Small Disadvantaged Business Participation Program – Incentive Subcontracting (Oct 2000)(Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

(22) 52.219-27, Notice of Service-Disabled Verteran-Owned Small Business Set-Aside (Nov 2011)(15 U.S.C. 657(f)).

X (23) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2012)(15 U.S.C.

632(a)(2)).

(24) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Apr 2012)(15 U.S.C. 637(m)).

(25) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Apr 2012)(15 U.S.C. 637(m)).

X (26) 52.222-3, Convict Labor (June 2003)(E.O. 11755).

X (27) 52.222-19, Child Labor – Cooperation with Authorities and Remedies (Mar 2012)(E.O.

13126).

X (28) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

X (29) 52.222-26, Equal Opportunity (Mar 2007)(E.O. 11246).

X (30) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212).

X (31) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010)(29 U.S.C. 793).

X (32) 52.222.37, Employment Reports on Veterans (Sep 2010) (38 U.S.C. 4212).

X (33) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec

2010) (E.O. 13496).

(34) 52.222-54, Employment Eligibility Verification (Jan 2009) (E.O. 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).

(35)(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 or certain other types of commercial items as prescribed in 22.1803).

(ii) Alternate I (May 2008) of 52.223-9 (not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803).

(36) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

(37)(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.

X (38) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug

2011) (E.O. 13513).

(39) 52.225-1, Buy American Act – Supplies (Feb 2009)(41 U.S.C. 10a – 10d).

(40)(i) 52.225-3, Buy American Act – Free Trade Agreement – Israeli Trade Act (Mar 2012)(41

U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, Pub. L. 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, and Pub. L. 112-41).

(ii) Alternate I (Mar 2012) of 52.225-3.

(iii) Alternate II (Mar 2012) of 52.225-3.

(iv) Alternate III (Mar 2012) of 52.225-3.

(41) 52.225-5, Trade Agreements (Mar 2012)(19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

X (42) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008)(E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

(43) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007)(42.U.S.C. 5150).

(44) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov

2007)(42.U.S.C. 5150).

(45) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002)(42 U.S.C.

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

(46) 52.232-30, Installment Payments for Commercial Items (Oct 1995)(41 U.S.C. 255(f), 10

U.S.C. 2307(f)).

X (47) 52.232-33, Payment by Electronic Funds Transfer – Central Contractor Registration (Oct

2003)(31 U.S.C. 3332).

(48) 52.232-34, Payment by Electronic Funds Transfer – Other than Central Contractor

Registration (May 1999) (31 U.S.C. 3332).

(49) 52.232-36, Payment by Third Party (Feb 2010)(31 U.S.C. 3332).

(50) 52.239-1, Privacy or Security Safeguards (Aug 1996)(5 U.S.C. 552a).

IN REFERENCE TO Contract Clauses | 8 | 34

(51)(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.

(1) 52.222-3,

(c) The contractor shall to comply with the FAR clauses in this paragraph (c), applicable to commercial services, which 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:

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) (Sep 2009)(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 (Sep

2009)(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 Contracts for

Maintenance, Calibration, or Repair of Certain Equipment -- Requirements (Nov 2007)(41 U.S.C. 351, et seq.).

(6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services -- Requirements (Feb 2009)(41 U.S.C. 351, et seq.).

(7) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009)(Pub.L.

110-247).

(8) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008)(31 U.S.C. 5112(p)(1)).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), or (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clauses –

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010)(Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note).

(ii) 52.219-8, Utilization of Small Business Concerns (Dec 2010)(15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) [Reserved]

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

(v) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212).

(vi) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010)(29 U.S.C. 793).

IN REFERENCE TO Contract Clauses | 9 | 34

(vii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O.

13496).

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

(ix) 52.222-50, Combating Trafficking in Persons (Feb 2009) (41 U.S.C. 351, et seq.).

Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment -- Requirements (Nov 2007)(41 U.S.C. 351, et seq.).

(xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services -

- Requirements (Feb 2009)(41 U.S.C. 351, et seq.).

(xii) 52.222-54, Employment Eligibility Verification (Jan 2009).

(xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009)(Pub.L. 110-247).

Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xiv) 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). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

IN REFERENCE TO Contract Documents, Exhibits, and Attachments | 10 | 34

PART III -- CONTRACT DOCUMENTS, EXHIBITS

AND ATTACHMENTS

SCOPE OF WORK

1. INTRODUCTION:

The Flatwoods Job Corp Civilian Conservation Center requires a Business Technology instructor.

The instructor shall provide a combination of classroom and hands on training for the purpose of equipping students with specific fundamental skills in those areas of the Business Technology.

2. BACKGROUND:

The Flatwoods Job Corps Center is a conservation center under the United States Forest Service which is under the Department of Agriculture. All Job Corps centers are funded by U.S. Department of Labor (DOL), Employment, and Training Administration (ETA) program.

Job Corps is designed to assist young people who need, and can benefit from, the wide range of services provided at a Job Corps Center. Through its centers, Job Corps offers academic, vocational, and life skills training using a unique approach of competency-based and individualized instruction. Services include:

Basic Education, High School Diploma; General Education Development (GED); Vocational Skills Training;

Residential Living; Healthcare; and Related Support Services. The comprehensive combination of training and support services is designed to help each student become a responsible and productive citizen.

Approximately 224 students live full-time at the Flatwoods Job Corps (the Center). The students attend classes at the Center. The Center has classroom facilities, hands on trade education, a cafeteria, health services, recreational facilities, dining facilities, and dormitories.

3. CONTRACT EFFORT REQUIRED:

The Contractor shall provide a program for the training and placement of students in the Business Technology industry. The training provided shall enable students to enter specific areas of the industry as trainees on jobs which do not require a high school diploma, as well as jobs requiring more advanced skills and training. The training shall be a combination of classroom and hands on training for the purpose of acquiring specific fundamental skills in those areas of the Business Technology trade for which there is an established need for workers to meet the requirements of the industry. The training will be conducted at the Flatwoods Civilian Conservation Center located approximately 4 miles south of Coeburn, VA on State Highway 71.

The Contractor will be required to provide a training instructor who will have the responsibility for the successful implementation of the student training program. The training instructor will also assist the Center in conducting current and projected labor surveys for the employment of Business Technology graduates.

The instructor will give consideration to the changing requirements and, if necessary, modify and update the training program in order to accommodate the changing needs of the industry. All proposed changes to the basic program shall be submitted to the Works Program Officer.

IN REFERENCE TO Contract Documents, Exhibits, and Attachments | 11 | 34

Through the Works Program Officer, the Contractor will coordinate all findings with the Center’s academic department to help facilitate maximum vocational/academic achievement.

Employees of the Contractor will not be permitted to perform personal tasks or to accept for pay tasks which would be performed in the Business Technology class or with Government-furnished equipment, supplies, or materials.

4. QUALIFICATIONS OF CONTRACT EMPLOYEES:

The Contractor shall be responsible for selecting qualified personnel necessary to train and place students in the trade of Business Technology. The Contractor shall ensure that personnel in all categories shall be personally and professionally qualified for the assignment to be undertaken.

A. At a minimum the instructor selected by the Contractor will possess:

(1) Three years experience teaching Business Technology in a Job Corps (or similar) setting.

(2) Hold a certification in Microsoft Office, User Support (MOUS) as well as display a thorough knowledge of the theory, practices, and skills of the trade.

(3) The ability to recognize and apply employable training techniques and skills.

(4) The interest, desire, experience, and ability to work effectively with the unemployed and disadvantaged youth from various economic and social backgrounds without regard to race, creed, color, sex, or national origin.

5. MATERIALS, EQUIPMENT, TRAINING, AND UTILITIES.

A. The Government Shall Furnish (at the discretion of the CO or COR):

(1) Facilities and Utilities

a. The government will provide the necessary space for instruction, desks, chairs, and storage cabinets.

i. Space to be utilized as an office for the instructor with, at a minimum, a desk, chair, and filing cabinet.

ii. Utilities including heat, light, and water.

(2) Equipment and Supplies:

a. Training equipment such as; personal computers, typewriters, calculators, FAX, copy machine, computer programs/software, monitors, and other necessary lab equipment.

b. Consumable training supplies.

(3) Student Assignment:

a. Students will be assigned to Business Technology utilizing the center Maximum

Benefits Program during a one-day cycle. At all times every effort will be made by the Center and the Contractor to maintain, as closely as possible, a total of 15 students per week assigned to the Business Technology program.

IN REFERENCE TO Contract Documents, Exhibits, and Attachments | 12 | 34

b. All trainees will serve a probationary period of 90 calendar days and shall meet the following criteria, unless the progress/performance and evaluation panel of the selection board unanimously approves them.

i. Must have sincere interest in Business Technology.

ii. Must demonstrate that he/she can follow instructions and work safely.

iii. Must not have a physical handicap that would impair his/her ability to perform in the occupational area. Trainee must have both eyes and ears functional.

iv. Selection of all trainees will be by the Vocational Coordinator and Program

Director.

(4) Center Policy:

Documentation of all pertinent procedures, rules, regulations, directives, and PRH as well as any changes, additions or updates as they occur.

B. The Contractor Shall Furnish: All ……

(1) A training program designed to accommodate a minimum of 30 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 classroom exceed the 15 students per week goal by greater than 15 percent. Every effort shall be made by the Contractor and the Center to ensure a sufficient number of trainees are scheduled in the program at all times.

a. Retention and placement of Job Corps Students: at least 85% of the students shall be retained in the Business Technology program for a period in excess of 90 days; At least 80 % of those students who are retained in the Business Technology program for at least 189 days shall be placed in an occupationally related job.

(2) Supplemental training to individual trainees, as needed. The supplemental training is to ensure that students acquire the skills, knowledge, and attitudes to make them employable and that the students meet current business industry requirements/standards.

(3) Supplemental text, audio-visual materials, and hands on training to assure successful trainee indoctrination, accomplishment, and vocational progression as scheduled.

a. Contractor must meet OSHA safety requirements that pertain to Contractor furnished equipment. The Contractor will submit engineering assistance relative to any facility changes including those peripheral to equipment. The Contractor will not be responsible for the procurement, cost, or implementation of the needed changes.

(4) Prepare students for job placement/development in areas of greatest employment potential, usually in cities above 200,000 populations.

a. The Contractor will develop a file on each student, giving pertinent data, which will be helpful in job analysis, job development, and job placement. The center will furnish data for this file to include age, academic data, work backgrounds, and resident or home location. Assessment of attitude, Civilian Conservation Center performance, achievements, academic, and communicative levels attainment, etc. will be furnished to the Evaluation of Student Progress (ESP) panel and placed in their file.

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b. Two to three months prior to graduation, the Contractor will survey the labor markets in the student’s home vicinity and coordinate job placement with center counselors. It is imperative that students receive their GED or High School diplomas, as well as obtain necessary job skills, prior to release for job placement. Coordination of job placement shall ensure that every student who is capable will receive his/her GED or High School diploma and trade skill requirements before being terminated from the program and placed on a job. The determination of whether or not a student is capable of earning a GED or High School Diploma rests with the Center Director in consultation with the Director of Education. This coordination is consistent with the center’s placement policy and DOL requirements for all trades.

c. The Contractor will make a technical analysis of the job requirements in companies interested in the employment of students. This data will be relayed to the Center Director at the Center so special instruction can be administered to help make the student slated for the job aware of the job requirements and duties.

d. The Business Technology Instructor shall assist Career Transition personnel in the placement of their students in their training related areas under the Job Cops Career Development Services System (CDSS).

(5) Substitute Instructor: When Contractor personnel are on vacation, sick leave, or any other leave, a qualified substitute instructor shall be provided by the Contractor. The substitute will meet, at a minimum; the qualification listed in this PWS under 4. Qualification of Contract Employees.

(6) The Contractor shall be responsible for conducting an on-going safety program and enforce all safety rules and regulations. They shall be in accordance with existing Forest Service and OSHA requirements as they relate to personnel, facilities, and equipment.

6. THE ROLE OF GOVERNMENT PERSONNEL AND RESPONSIBILITY FOR CONTRACT

ADMINISTRATION

A. Contracting Officer: The Contracting Officer (CO) has the overall responsibility for the administration of this contract. The CO alone, without delegation, is authorized to amend, modify, or deviate from the contract. Other responsibilities may be delegated to authorized representatives.

B. Contracting Officer's Representative (COR): The COR will be designated in writing at the time of award to assist the CO in the day-to-day on-site administration of the contract requirements. The responsibilities of the COR include, but are not limited to;

(1) Determining the compliance and adequacy of performance by the Contractor in accordance with the terms and conditions of this contract;

(2) Requesting removal of unsuitable contractor employees;

(3) Ensuring adequacy of schedule and Quality Control Plan, including changes;

(4) Ordering re-performance of unacceptable work or performance by other mean, etc.

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7. RECORDS, REPORTS, AND REQUIRED SUBMITTALS:

A. Student Files:

The Contractor shall develop and maintain a file on each student giving pertinent data which will be helpful in job analysis, job development, and job placement. The Center will furnish data for this file to include age, academic data, work backgrounds, and home locations. The Contractor shall add to this file by maintaining records on activities that include attendance, progress, performance, disciplinary problems, work accomplishment, placements, successes, and any other pertinent information involving the students training while in the program. The Center Information System, (CIS), will be utilized as much as possible to fulfill this requirement.

B. Student Progress Reports:

On a regular pre-determined schedule, the Contractor’s instructor shall provide a periodic progress report to the Center’s Evaluation of Student’s Progress panel for review for students enrolled in the Business Technology program.

C. Training Achievement Record:

The Contractor shall complete the Training Achievement Record for weekly evaluation and counseling with each scheduled trainee. The instructor will also assist Center personnel with other Center records relating to the trainee and training projects (i.e., work accomplishment notes necessary for quarterly reports).

D. Contract Completion Report:

A final report that documents and summarizes the results of the entire contract performance, including recommendations and conclusions based on the experience and results obtained, shall be submitted to the Contracting Officer Representative 60 calendar days prior to the expiration of the contract period.

8. GOVERNING REGULATIONS, HANDBOOKS, AND REFERENCES:

A. Federal Acquisition Regulation (FAR)

B. Agriculture Acquisition Regulation (AGAR)

C. Forest Service Acquisition Regulation (FSAR)

D. Department of Labor - Policy and Requirements Handbook (PRH)

E. Job Corp Vocational Program Guide:

The Contractor shall present and supplement the Business Technology program in accordance with the Job Corps Vocational Program Guidelines contained in the PRH, and student Training and Achievement Record (TAR). The program will be so designed as to provide for:

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

The development, as a minimum, of the specific skills necessary for job placement in the Business Technology occupation

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SPECIAL CONTRACT REQUIREMENTS

1. INVOICING PROCEDURES.

A. Invoices. In addition to the clause language in FAR 52.212-4, the following direction is provided:

1) Invoices shall be submitted on a monthly basis, no later than ten (10) days following the period being invoiced;

2) Invoices shall include only those services rendered during the billing period;

3) Invoices shall bill by Line Items as listed in the Schedule of Items;

4) Billing rates shall be in accordance with the firm-fixed rates listed in the Schedule of Items.

B. Invoices shall be mailed to:

Attn: Debbie Goin 2803 Dungannon Rd Coeburn VA 24230

C. Contractor Personnel, including substitute personnel, are responsible for keeping track of hours worked daily and shall maintain a record of hours worked daily, which shall be submitted with the Contractor’s invoice.

D. Sample invoice will be provided at the time of award.

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EXHIBIT 1 -- U.S. DEPARTMENT OF LABOR WAGE DETERMINATION

This Wage Determination has been modified to reference only those classifications that apply to this Contract.

(The complete Wage Determination is available upon request.)

WD 05-2499 (Rev.-12) was first posted on www.wdol.gov on 06/17/2011

THE SERVICE CONTRACT ACT | EMPLOYMENT STANDARDS ADMINISTRATION

By direction of the Secretary of Labor | WAGE AND HOUR DIVISION

| WASHINGTON D.C. 20210

| Wage Determination No.: 2005-2499

Diane C. Koplewski Division of | Revision No.: 12

Director Wage Determinations| Date Of Revision: 06/13/2011

States: Tennessee, Virginia

Area: Tennessee Counties of Carter, Cocke, Greene, Hancock, Hawkins, Johnson, Sullivan, Unicoi, Washington

Virginia Counties of Buchanan, Dickenson, Grayson, Lee, Russell, Scott, Smyth, Tazewell, Washington, Wise

The following Independent Cities are included for the Virginia Area: Bristol, Galax, and Norton.

**Fringe Benefits Required Follow the Occupational Listing**

OCCUPATION CODE - TITLE FOOTNOTE RATE

15000 - Instructional Occupations

15010 - Aircrew Training Devices Instructor (Non-Rated) 25.06

15020 - Aircrew Training Devices Instructor (Rated) 30.32

15030 - Air Crew Training Devices Instructor (Pilot) 33.19

15050 - Computer Based Training Specialist / Instructor 25.06

15060 - Educational Technologist 29.95

15070 - Flight Instructor (Pilot) 33.19

15080 - Graphic Artist 20.24

15090 - Technical Instructor 17.64

15095 - Technical Instructor/Course Developer 21.13

15110 - Test Proctor 15.10

15120 - Tutor 15.10

ALL OCCUPATIONS LISTED ABOVE RECEIVE THE FOLLOWING BENEFITS:

HEALTH & WELFARE: $3.59 per hour or $143.60 per week or $622.27 per month

VACATION: 2 weeks paid vacation after 1 year of service with a contractor or successor; 3 weeks after 10 years, and 4 after 20 years. Length of service includes the whole span of continuous service with the present contractor or successor, wherever employed, and with the predecessor contractors in the performance of similar work at the same Federal facility.

(Reg. 29 CFR 4.173)

HOLIDAYS: A minimum of ten paid holidays per year: New Year's Day, Martin Luther

King Jr.'s Birthday, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans' Day, Thanksgiving Day, and Christmas Day. (A contractor may substitute for any of the named holidays another day off with pay in accordance with a plan communicated to the employees involved.) (See 29 CFR 4.174)

IN REFERENCE TO Contract Documents, Exhibits, and Attachments | 17 | 34

** UNIFORM ALLOWANCE **

If employees are required to wear uniforms in the performance of this contract (either by the terms of the Government contract, by the employer, by the state or local law, etc.), the cost of furnishing such uniforms and maintaining (by laundering or dry cleaning) such uniforms is an expense that may not be borne by an employee where such cost reduces the hourly rate below that required by the wage determination. The Department of Labor will accept payment in accordance with the following standards as compliance:

The contractor or subcontractor is required to furnish all employees with an adequate number of uniforms without cost or to reimburse employees for the actual cost of the uniforms. In addition, where uniform cleaning and maintenance is made the responsibility of the employee, all contractors and subcontractors subject to this wage determination shall (in the absence of a bona fide collective bargaining agreement providing for a different amount, or the furnishing of contrary affirmative proof as to the actual cost), reimburse all employees for such cleaning and maintenance at a rate of $3.35 per week (or $.67 cents per day). However, in those instances where the uniforms furnished are made of "wash and wear" materials, may be routinely washed and dried with other personal garments, and do not require any special treatment such as dry cleaning, daily washing, or commercial laundering in order to meet the cleanliness or appearance standards set by the terms of the Government contract, by the contractor, by law, or by the nature of the work, there is no requirement that employees be reimbursed for uniform maintenance costs.

The duties of employees under job titles listed are those described in the "Service Contract

Act Directory of Occupations", Fifth Edition, April 2006, unless otherwise indicated. Copies of the Directory are available on the Internet. A links to the Directory may be found on the

WHD home page at http://www.dol.gov/esa/whd/ or through the Wage Determinations On-Line (WDOL)

Web site at http://wdol.gov/.

REQUEST FOR AUTHORIZATION OF ADDITIONAL CLASSIFICATION AND WAGE RATE {Standard Form

1444 (SF 1444)}

Conformance Process:

The contracting officer shall require that any class of service employee which is not listed herein and which is to be employed under the contract (i.e., the work to be performed is not performed by any classification listed in the wage determination), be classified by the contractor so as to provide a reasonable relationship (i.e., appropriate level of skill comparison) between such unlisted classifications and the classifications listed in the wage determination. Such conformed classes of employees shall be paid the monetary wages and furnished the fringe benefits as are determined. Such conforming process shall be initiated by the contractor prior to the performance of contract work by such unlisted class(es)of employees. The conformed classification, wage rate, and/or fringe benefits shall be retroactive to the commencement date of the contract. {See Section 4.6 (C)(vi)} When multiple wage determinations are included in a contract, a separate SF 1444 should be prepared for each wage determination to which a class(es) is to be conformed.

The process for preparing a conformance request is as follows:

1) When preparing the bid, the contractor identifies the need for a conformed occupation(s) and computes a proposed rate(s).

2) After contract award, the contractor prepares a written report listing in order proposed classification title(s), a Federal grade equivalency (FGE) for each proposed classification(s), job description(s), and rationale for proposed wage rate(s), including information regarding the agreement or disagreement of the authorized representative of the employees involved, or where there is no authorized representative, the employees themselves.

This report should be submitted to the contracting officer no later than 30 days after such unlisted class(es) of employees performs any contract work.

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3) The contracting officer reviews the proposed action and promptly submits a report of the action, together with the agency's recommendations and pertinent information including the position of the contractor and the employees, to the Wage and Hour Division, Employment

Standards Administration, U.S. Department of Labor, for review. (See section 4.6(b)(2) of

Regulations 29 CFR Part 4).

4) Within 30 days of receipt, the Wage and Hour Division approves, modifies, or disapproves the action via transmittal to the agency contracting officer, or notifies the contracting officer that additional time will be required to process the request.

5) The contracting officer transmits the Wage and Hour decision to the contractor.

6) The contractor informs the affected employees.

Information required by the Regulations must be submitted on SF 1444 or bond paper.

When preparing a conformance request, the "Service Contract Act Directory of Occupations" (the

Directory) should be used to compare job definitions to insure that duties requested are not performed by a classification already listed in the wage determination. Remember, it is not the job title, but the required tasks that determine whether a class is included in an established wage determination. Conformances may not be used to artificially split, combine, or subdivide classifications listed in the wage determination.

IN REFERENCE TO Contract Documents, Exhibits, and Attachments | 19 | 34

EXHIBIT 2 -- QUALITY ASSURANCE SURVEILLANCE PLAN

The Contractor will receive performance evaluations in accordance with the Quality Assurance Surveillance Plan for this program, which shall be provided to the Contractor by the CO or the COR. Performance evaluations will include evaluation of the following:

Task Quality/Performance Standards

Acceptable Quality Level

Means of Surveillance

Penalty for Unsuccessful Performance

Instruction Contractor has a developed curriculum, complete with lesson plans, class schedule, student tests, visual aids, etc.

which implements the DOL-approved MOS Training Program objectives and TARs

100% Random sampling of TARs and classroom observation