CI-Solicitation_Svcs-Welding Instructor Services Golconda.pdf

Welding Instructor Services Golconda Job Corps Civilian Conservation Center

TABLE OF CONTENTS

PART CONTENTS PAGE

I STANDARD FORM (SF) 1449 1-7

Continuation of SF 1449

II CONTRACT CLAUSES 8-13

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 14-22

Scope of Work Special Contract Requirements

Exhibit 1 -- U.S. Dept of Labor Wage Determination 19 Exhibit 2 -- QASP-Matrix 21

IV SOLICITATION PROVISIONS 22-37

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 52.212-1 (includes proposal submission instructions)

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

ITEMS (Solicitation No AG-82A7-S-12-0096) | |

IN REFERENCE TO Contract Terms and Conditions | 4 | 37

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 (if applicable). 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 Welding Instructor Services as indicated herein for the location listed below:

345 Job Corps Road Golconda, IL 62938 618-285-6601

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 | 5 | 37

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 – Aug 1, 2012 – July 31, 2013

001 Welding Instructor Services

Instructor 1

A Training 12 MO

B Placement 12 MO

Instructor 2

A Training 12 MO

B Placement 12 MO

Annual Combined Total

NO.

20.

SCHEDULE OF SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

TOTAL AMT

OPTION YEAR 1 SERVICES – Aug 1, 2013 – July 31, 2014

101 Welding Instructor

B Placement 12 MO

Instructor 2

A Training 12 MO

B Placement 12 MO

IN REFERENCE TO Contract Terms and Conditions | 6 | 37

NO.

20.

SCHEDULE OF SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

TOTAL AMT

OPTION YEAR 2 SERVICES – Aug 1, 2014 – July 31, 2015

201 Welding Instructor

B Placement 12 MO

Instructor 2

A Training 12 MO

B Placement 12 MO

NO.

20.

SCHEDULE OF SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

TOTAL AMT

OPTION YEAR 3 SERVICES – Aug 1, 2015 – July 31, 2016

301 Welding Instructor

B Placement 12 MO

Instructor 2

A Training 12 MO

B Placement 12 MO

IN REFERENCE TO Contract Terms and Conditions | 7 | 37

NO.

20.

SCHEDULE OF SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

TOTAL AMT

OPTION YEAR 4 SERVICES – Aug 1, 2016 – July 31, 2017

401 Welding Instructor

B Placement 12 MO

Instructor 2

A Training 12 MO

B Placement 12 MO

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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.)

(a) Inspection/Acceptance (tailored). The Government shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect any services that have been tendered for acceptance. The Government may require re-performance of nonconforming services, or performance of omitted services, at no increase in contract price. If the contractor fails to promptly perform the services again or to take the necessary action to ensure future performance in conformity with contract requirements, the Government may (1) take deductions from the contract price based on the Government's estimated value of the services not received, (2) by contract or otherwise, perform the services and deduct from a subsequent monthly payment any cost incurred by the Government that is directly related to the performance of such services or (3) terminate the contract for cause.

(g) Invoices. In addition to the clause language, the following direction is provided:

(3) Invoices shall be billed at the firm-fixed rates of the Line Items in the Schedule of Items and shall be submitted as a single billing on a monthly basis, no later than five days following the period invoiced. The billings shall be for the services rendered within the billing period.

(4) 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.

(5) Invoices shall be mailed to:

Golconda Job Corps Civilian Conservation Center Attn: COR for Welding Instructor Services 345 Job Corps Road

618-285-6601

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 _$1 Million____________ per specialty per occurrence

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 (see clause for specific coverages) Nov 1996 https://www.acquisition.gov/far

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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 of expiration of the current contract; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days 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. KEY PERSONNEL (FEB 1988)

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

(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 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. 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 August 1, 2012, and continue through July 31, 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

ITEMS (Solicitation No. AG-82A7-S-12-0095) | | IN REFERENCE TO Solicitation Provisions | 10 | 37 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)

(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) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252,

(4) 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 (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Feb

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).

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X (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] (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)).

X (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)).

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

X (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).

(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).

X (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).

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(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 (May 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 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 (May 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).

(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.

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(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).

(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.

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PART III -- CONTRACT DOCUMENTS, EXHIBITS

AND ATTACHMENTS

SCOPE OF WORK

1. INTRODUCTION:

The USDA- Forest Service, Golconda Job Corps Center located at 345 Job Corps Road, Golconda, IL 62938, Pope County, IL, is a residential, educational and vocational training facility for students 16 to 24 years of age.

The mission of the center is to provide academic, vocational and life-learning skills to at-risk youth.

2. BACKGROUND:

Job Corps is a U.S. Department of Labor, 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 (HSD) program, General Education Development (GED) program, vocational skills training, residential living program, 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 Golconda Job Corps Center. The students attend classes at the center. The center has classroom facilities, hands on trade education, a cafeteria, health services, recreational facilities and dormitories.

Because Job Corps is a self-paced program, a student’s length of enrollment varies. Students may remain in the program for up to two years, but the average length of enrollment is approximately nine months. An optional third year is granted to students who qualify for advanced training. Upon completion of the program, students are better prepared to obtain meaningful employment or further their education through Job Corps sponsored Advanced Career Training (ACT) or college. Career transition services are provided to all students separating from Job Corps.

Student eligibility requires that applicants must meet all of the following criteria to participate in Job Corps.

Applicants’ must be at least 16 years of age and not yet 25 years of age.

Each applicant must be a U.S. citizen, a U.S. national, a lawfully admitted permanent alien, refugee, or other alien who has been authorized by the U.S Attorney General to work in the United States.

3. CONTRACT EFFORT REQUIRED:

The primary purpose of this contract is to provide training and job placement of students involved in a welding trade program at the Golconda Civilian Conservation Center, 345 Job Corps Road, Golconda, Illinois 62938 County: Pope, Shawnee National Forest. Contractor will furnish welding instruction/ training.

Instructor/Program:

To conduct a training and job placement program that will provide training opportunities for unemployed and disadvantaged youth in the vocation of WELDING. The training program shall be designed to accommodate a minimum of 48 students (24 per week). Students will be assigned to the program on the basis of the educational capability and needs. Students shall be scheduled, by the Center, for alternate periods of general education and

ITEMS (Solicitation No. AG-82A7-S-12-0095) | | IN REFERENCE TO Solicitation Provisions | 15 | 37 program training in accordance with the Maximum benefits concept guidelines outlined in PRH Handbook, Chapter 2, Vocational Training. The contractor’s instructors will provide additional and/or supplemental training to individual trainees to ensure they possess the proficiency and skills necessary to pass the entry-level tests that may be required by prospective employer

Workplace Environment:

It is the contractor’s responsibility to make sure that the workplace environment is being replicated as close as possible to industry standards of a welding work environment.

Supervision of Students including Behavior/Student Dress:

The instructors must maintain accountability of students, document and support center policy in regards to behavior and center policy for Dress for Success.

Placements/Work Based Learning:

Instructors must establish and document contacts with students, employers and placers. This includes visits to and development of possible WBL sites which could lead to future employment.

Student Training:

The contractor shall develop a training program in accordance with the Job Corps Vocational Training Program Guidelines contained in the U.S. Department of Labor’s “Program Requirements Handbook (PRH), Chapter 2, Vocational Training, and the Code of Federal Regulations, Title 48. The program will be so designed as to provide for: (1) individualized instruction and rate of progression for the trainees, which will enable the students to enter specific areas of the vocation as trainees on jobs which do not require the overall skills of a Welder, and (2) development, as a minimum, of the specific skill necessary for job placement as a Welder. This task includes:

welding skills, equipment service and/or maintenance skills, safety skills, employability skills, and work-based learning.

Equipment Maintenance and/or Service:

All equipment attributed & furnished to the Welding Program by Contractor shall be maintained and serviced by the instructor. Those services that exceed the instructor’s abilities shall require a work order or requisition to be submitted for outside repairs to be acquired. This task includes: operator level maintenance, identification of obsolete or unsafe equipment, and requisition for outside repairs/services, as needed.

Placement:

The Department of Labor requires that students leaving the program be placed in jobs. It is the responsibility of the contractor, with assistance from the Center, and Off-Center placement agencies, to see that this requirement is met. This task includes: Job Training Match (JTM), job market analysis, identify contractors, fabricators or related businesses, and to serve on Industry Advisory Council (IAC), Administrative Functions:

Contractor shall meet administrative requirements, as required, by the Program Requirements Handbook (PRH), Standard Operating Procedures (SOP) and Center Operating Procedures (COP). In addition, Contractor will follow applicable Forest Service Regulations and requirements. This task includes: maintenance of student records, attendance at meetings as requested, and requisition for needed supplies/services.

4. QUALIFICATIONS OF CONTRACT EMPLOYEES:

A. Certifications/Education Requirements:

Shall have Instructor Certification or Credentials by the American Welding Society

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B. Attendance/Leave/and Substitution:

Attendance:

The work week will be 40 hours, Monday through Friday, excluding federally recognized holidays. The work day shall consist of eight hours with an appropriate period for lunch which shall be scheduled to coincide with the normal work schedule of the Center. Specific hours of duty shall be designated through agreement with Center personnel.

No overtime or holiday work will be performed unless requested and authorized by the Contracting Officer.

COR of the contract must receive within two days of submission time sheets covering any/all Contractor Instructor(s) schedule of work.

Substitution:

The Contractor shall furnish a substitute licensed and certified Welding Instructor during any scheduled or unscheduled absences. The Contractor shall furnish a substitute at no additional cost to the Government. The Contractor shall notify the Works Program Officer of any absences at least 24 hours in advance and shall identify and provide background information and qualifications of substitute personnel who will be providing services during the absence.

5. MATERIALS, EQUIPMENT, TRAINING, AND UTILITIES.

A. The Government Shall Furnish (at the discretion of the CO or COR): The Government will furnish equipment, the necessary space for the equipment and utilities for operation of the equipment. In addition the Center will supply all necessary expendable materials such as gas, flux, metals and welding rods as required for instruction and/or production items at the Center.

B. The Contractor Shall Furnish:

Two (2) Qualified Instructors in the trade of welding.

Instructor shall have Certification or Credentials by the American Welding Society

Instructors will report directly to the Work Program Officer or Assistant Work Program Officer if so designated by the Work Program Officer.

Under direction of supervision, the instructors provide a setting conducive to learning in order that students may achieve the ultimate goal of job placement and job retention in the welding trade.

Equipment necessary to instruct 24 – 28 students per day, with 48 to 50 students in the welding trade program at any one time.

The contractor will provide all necessary audio-visual materials to assure successful trainee indoctrination, accomplishment and vocational progression, as scheduled.

6. THE ROLE OF GOVERNMENT PERSONNEL AND RESPONSIBILITY FOR CONTRACT

ADMINISTRATION

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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.

7. RECORDS, REPORTS, AND REQUIRED SUBMITTALS:

Records:

The Contractor shall 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 and work background, and resident or home location. Assessment of attitude, Civilian Conservation Center performance, achievements, academic and communicative levels attainment, etc., will be furnished to Performance Evaluation panel (PE) by the instructor and placed in each student’s file. The file will also include the training and skill development plan and the JC approved Training Achievement Record filled out by instructor documenting the student’s training progress.

TAR Competencies:

Ensure that all student progress on the Training Achievement Record is updated on a regular basis and terminated students files are complete and submitted in a timely manner. 1 TAR per student.

Government Publications/Industry Standards/State Standards/Government Standards/Technical Exhibits:

Examples of Training Achievement Record (TAR) and Vocational Evaluation System, VES 10 Report, are available upon request from the Golconda Job Corps Center.

Student Performance Evaluation:

Progress of all students will be documented by Career Management Team evaluations done according to the PRH and Golconda Job Corps policy and guidelines. This includes documenting all student meetings which are to include topics and participation by students, as well as employability skills and Career Success Standards.

Must be completed every 30 days for the length of students enrollment

8. GOVERNING REGULATIONS, HANDBOOKS, AND REFERENCES:

Contractor personnel shall be familiar with and all work shall be performed in accordance with the following applicable documents:

20 CFR Section 638 and 20 CFR Section 670: The CFR (available at http://www.gpo.gov/fdsys/browse/collectionCfr.action?collectionCode=CFR) states the operating regulations for Job Corps.

FAR Part 37.1 Service Contracts: available at https:www.acquisition.gov/far/index.html AGAR: a FAR supplement which provides additional regulations for acquisitions done by Department of

Agriculture agencies; the AGAR can be accessed at http://www.dm.usda.gov/procurement/policy/agar_x/agar04/index.html.

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PRH: the Department of Labor handbook which defines the operating policy and procedures of the Job Corps program. There are 6 PRH Chapters, Contractor staff should be familiar with the entire PRH. The PRH is available at the following website: http://www.jobcorps.gov/Libraries/pdf/prh.sflb.

PAG: The PAG provides guidance on how Center programs are assessed and can be accessed at the Center.

Center Operating Procedures: Available at the Center.

CDSS Plan: Available at the Center.

Any documents referred to in any contractual documents that are not available online at a public website may be requested, in writing, from the Contracting Officer.

The Golconda Job Corps Standard Operating Policies and Procedures (SOP) Manual which is available on-site at the Job Corps center.

For the purpose of the solicitation, any policies referred to in the Statement of Work that are not available online at a public website may be requested, in writing, from the Contract Specialist listed on page 1, Box 7(a) of the Standard Form 1449.

SPECIAL CONTRACT REQUIREMENTS

1. TRAVEL REIMBURSEMENT.

Travel Reimbursement will be actual subsistence rates with supporting receipts, not to exceed the Federal Travel Rates and Regulations. ALL travel costs will only be reimbursed based on the allowable government travel rates, as defined above. Actual costs that can be reimbursed are food, lodging and airline transportation. Rental vehicles must be approved on a case specific basis and only actual costs will be reimbursed. The Contractor must obtain the approval of the Contracting Officer Representative and the Center Director prior to undertaking travel.

All other expenses must be approved on a case specific basis and only actual costs will be reimbursed (i.e. rental cars, business calls, laundry, miscellaneous equipment, etc.) All travel costs and receipts will be included in invoices in order to be reimbursed. General Services Administration Federal Travel Regulations can be found at http://www.gsa.gov/portal/content/104790.

2. 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: Works Program Officer 345 Job Corps Road

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.

http://www.gsa.gov/portal/content/104790

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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 05-2310 (Rev.-12) was first posted on www.wdol.gov on 06/17/2011

REGISTER OF WAGE DETERMINATIONS UNDER | U.S. DEPARTMENT OF LABOR

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.: 2005-2310

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

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

States: Illinois, Missouri

Area: Illinois Counties of Alexander, Bond, Calhoun, Clay, Clinton, Effingham, Fayette, Franklin, Hamilton, Jackson, Jefferson, Jersey, Johnson, Madison, Marion, Massac, Monroe, Perry, Pope, Pulaski, Randolph, Saline, St Clair, Union, Washington, Wayne, Williamson

Missouri Counties of Audrain, Boone, Callaway, Clark, Cole, Crawford, Franklin, Gasconade, Jefferson, Knox, Lewis, Lincoln, Marion, Monroe, Montgomery, Osage, Pike, Ralls, Randolph, Scotland, Shelby, St Charles, St Francois, St Louis, Ste Genevieve, Warren, Washington

**Fringe Benefits Required Follow the Occupational Listing**

OCCUPATION CODE - TITLE FOOTNOTE RATE

15000 - Instructional Occupations

15090 - Technical Instructor 20.66

15095 - Technical Instructor/Course Developer 25.27

15110 - Test Proctor 16.67

15120 - Tutor 16.67

23960 - Welder, Combination, Maintenance 23.21

ALL OCCUPATIONS LISTED ABOVE RECEIVE THE FOLLOWING BENEFITS:

HEALTH & WELFARE: $2.36 an hour or $94.40 a week or $409.07 a month. H&W changes as authorized by DOL Memo #196, dated 5/23/03.

VACATION: 2 weeks paid vacation after 1 year of service with a contractor or successor; 3 weeks after 5 years, and 4 weeks after 15 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)

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** 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.

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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/ Critical Subtask

Quality/Performance Standards

Acceptable Quality Level

Means of Measurements

Penalty for Unsuccessful Performance

C

Student Training

Training Achievement Record (TAR)

100% of students in trade have an updated

TAR

Random Sampling

Negative impact to Performance Evaluation

Welding Skills

Number of students completing Welding Program

75% of total number of students enrolled in vocation

Monthly VES 10 Negative impact to Performance

Identify obsolete or unsafe equipment

Equipment will immediately be red-tagged and removed from service

100% No margin for error due to safety constraints

Observation of equipment operation

Negative impact

Placement

In accordance to minimum standards as prescribed by the Department of Labor

(DOL)

95% of students completing the Welding trade must be placed

Monthly VES 10 Negative impact

Maintains Student Records

Updated Training Achievement Record (TAR) will be submitted to the WPO prior to student termination according to Center Standard Operating Procedure

(SOP)

100% Random Sampling

Negative impact

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PART IV -- SOLICITATION PROVISIONS

FAR 52.212-1 – INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (FEB 2012)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF 1449). However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show --

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of offers;

(3) The name, address, and telephone number of the offeror;

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) “Remit to” address, if different than mailing address;

(8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers.