Oconaluftee Pt2doc-a.doc

ATTACHMENT TO SF 1449 - SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL

| PAGE OF PAGES

ITEMS (Solicitation No. AG-82A7-S-12-0109)

IN REFERENCE TO Solicitation Provisions | 1 | 35

TABLE OF CONTENTS

PART CONTENTS PAGE

I

STANDARD FORM (SF) 1449

1-2

Continuation of SF 1449

II

CONTRACT CLAUSES

3-8 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

9-19 Scope of Work

Special Contract Requirements

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

IV

SOLICITATION PROVISIONS

20-35 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)

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 Dental Services as indicated herein for the location listed below:

Oconaluftee Job Corps Civilian Conservation Center 502 Oconaluftee Job Corps Road Cherokee, NC 28719 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.

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

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:

Oconaluftee Job Corps Civilian Conservation Center Attn: COR for Dental Services 502 Oconaluftee Job Corps Road Cherokee, NC 28719

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

52.237-7 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

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: Dentist

(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 October 1, 2012, and continue through September, 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)

(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)).

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).

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).

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)).

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)).

(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).

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).

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).

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).

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).

Alternate I (Apr 2003) of 52.247-64.

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.

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.

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.

PART III -- CONTRACT DOCUMENTS, EXHIBITS

AND ATTACHMENTS

SCOPE OF WORK

1.

INTRODUCTION:

The USDA- Forest Service, Oconaluftee Job Corps Center located at 502 Oconaluftee Job Corps Road, Cherokee, NC, is a residential, educational and vocational training facility for students 16 to 24 years of age. The contractor’s facility is the performance location for this contract. The mission of the center is to provide academic, vocational and 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 104 students live full-time at the Oconaluftee Job Corps Center; the center is striving to achieve enrollment of 204 students by January 2014. 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.

Job Corps assists students in attaining and maintaining optimal health by providing basic on-Center health services to include promotion, prevention, assessment, intervention and follow-up care. In addition, Job Corps strives to educate students regarding the connection between maintaining a healthy lifestyle and being employable.

3.

GENERAL

The contractor shall provide any and all labor, services, permits and licenses necessary to perform Dental Services to include Dental assistant / Hygienist during the period of October 1, 2012 and ending September 30, 2013 with an option of four additional years for the Oconaluftee Civilian Conservation Center. The contractor must be a DDS or DD with a diploma from an accredited dental school or possession of a foreign graduate licensing certificate and be licensed in the state of North Carolina.

DEFINITIONS

CO – Contracting Officer

COR – Contracting Officer’s Representative

PRH – The Job Corps Policy and Requirements Handbook – Department of Labor (DOL) procedures for operating the Job Corps program.

LOCATION

This project is located at:

Oconaluftee Job Corps Civilian Conservation Center 502 Oconaluftee Job Corps Road

Cherokee, NC 28719 4.

PERFORMANCE WORK STATEMENT TASKS/CRITICAL SUBTASKS

The Contractor shall provide dental services for 4 hours/100 students/week. Hours can be increased to 6 hours/per week for centers who do not utilize the service of a dental hygienist.

The Contractor will provide chair side dental services to a maximum number of patients per day. Contracting Officer’s Representative (CO/COR) and time differential adjusted accordingly must approve procedures that require over 30 minutes. In addition, the Contractor will provide an average of five cursory examinations and consultations weekly. A maximum of 15 minutes will be allowed for missed or broken appointments. The Contractor shall maintain a patient log that reflects the patient’s name, service rendered, date, and time.

The Contractor shall issue and maintain signed and dated standing orders for dental care in accordance with Technical Assistance Guide Q.

The environment of the service facility shall be maintained to provide the patient with privacy as mandated by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy Rule. The Contractor will assure the maintenance, confidentiality, and safeguarding of all necessary health records. The program guides are available 24 hours a day to the Contractor at the Oconaluftee Job Corps Center and are also available at the websites noted above. The Contractor shall make no public statements concerning Job Corps students or Job Corps activities without prior written approval of the Center Director or his designated representative. All research projects and/or publications relating to Job Corps physical and mental health activities will be approved through the Job Corps National Office, Washington, DC.

Statement of Work/Dental Services a.

The specific schedule for services shall be 10 hours per week (dentist), 15 hours per week (dental assistant), and 10 hours per week (dental hygienist) with days and times to be arrived at by mutual agreement between the Contractor and the COR. An estimated total of 48 weeks of services per contract period are required. Holidays and vacation periods are to be arranged by mutual agreement between the Contractor and the COR.

b.

Furnish professional dental services to the students assigned to the Oconaluftee Job Corps Center, Cherokee, NC, for the hours shown in the Schedule. Offerors/contractors shall indicate in their proposal (Section B and Section L) if they propose to offer the services of dentist, dental assistant, dental hygienist; or dentist and dental assistant; or just the dental hygienist.

c.

The dental hygienist can be an independent subcontractor, or an employee of the Center Dentist. The hygienist will be under the direction of the Center Dentist.

d.

Work Time Determination. Payments shall be computed based on the elapsed time worked from the time the COR reports their arrival until they are released by the COR.

e.

In order to foster a positive attitude by the students oral health services, the Center Dentist shall exercise good judgment concerning the amount of dental work performed at one time; in no event will the Center Dentist anesthetize more than one-half of the mouth at one time nor fill more than three (3) caries in one appointment without prior approval from the Contracting Officer's Representative (COR). At all times the comfort and well-being of the students will be maintained and the Center Dentist must not cause any undue pain and discomfort through procedures used.

f.

With due regard for Job Corps Requirements, the Center Dentist will prioritize Oral Health needs and shall promote program direction consistent with a high standard of dental care. To accomplish this, the Center Dentist may confer with the Health and Wellness Manager (HWM), Center Physician and Center Director, as needed.

g.

Ensuring, through consultation with the HWM, the maintenance, confidentiality and safeguarding of all health records in compliance with the federal Health Insurance Portability and Accountability Act (HIPAA).

h.

The medical record with a dental section for each student will be provided to the contractor. Dental entries will be written directly in the dental section of the medical file. A registered nurse will meet with the contractor to discuss students seen and sign off orders for medications. The nurse will provide the medications and plan for follow-up care with the contractor.

i. Issuing and maintaining signed and dated standing orders for dental care in accordance with Technical Assistance Guide (TAG) M, available on the website under Health Program documents.

j.

Students that are seen will be transported by center staff to the location on site that treatment will take place.

k.

The contractor will talk with the center registered nurse and/or the Health and Wellness Manager (HSM) registered nurse at least once a week. This is to discuss student care, schedules, cares, concerns, or any other issue.

l.

Student appointments will be scheduled through the wellness center. The student’s medical/dental file will accompany them to their appointment.

m.

All services will be provided at the contractor’s facility. Dental services will be provided 8 hours per week for 48 weeks annually. If a scheduled day is missed, another mutually satisfying day will be arranged. The contract will be for 48 weeks a year because students are gone on two separate two week breaks – one in July and one in December. If the scheduled day is on a federal holiday or the contractor is unable to work due to illness or another issue, a mutually satisfactory alternative day will be selected.

o. Appointments may be canceled with 24-hour notice, or any mutually agreed upon time frame, by the center registered nurse, HSM, or Adminstrative Officer or their acting with no penalty for reasons of severe weather or other extenuating circumstances. Likewise, the contractor may call within a mutually agreed upon time frame to notify the center of extenuating circumstances, i.e., power outages, etc.

Services of Dental Assistants a.

The Contractor shall furnish the services of one or more Dental Assistants to assist in the conduct of dental services. The Dental Assistants will be directly supervised by the Center Dentist and will assist the Dentist whenever the Dentist is working with the students.

b.

The minimum requirements for a Dental Assistance are as follows:

Good Manual Dexterity

Knowledge of weights and balances

Ability to set up instrument trays and an understanding of the use of instruments

Ability to understand oral communication

Must have a High School Diploma

Emergency Care Requirements

a. 24-hour emergency coverage for students shall be provided by the Contractor throughout the life of the contract.

b. The dental provider shall be available for emergency phone consultations. Provide back-up contacts with phone numbers in case of unavailability.

c. Phone consultations are not expected to exceed 1 hour per year. At the time of an emergency the dentist will determine if emergency requires immediate attention or if it can wait until the next scheduled visit.

d.

Calls - 24-hour emergency services shall be provided for the entire contract period. The Contractor shall be responsible for ensuring these services are available during holiday and vacation periods. These services shall be performed at the Contractor's facilities or other mutually acceptable location. Cost for emergency work performed away from the Center is not covered by the hourly rate specified in this contract, rather it shall be in accordance with the per call price shown in the Schedule.

The Contractor shall provide preventive dental health education, which will promote good oral hygiene techniques (e.g., tooth brushing, flossing, and rinsing instructions). This education can be done by a dental assistant.

The Contractor shall provide an American Dental Association Class II clinical examination, between the 45th and 75th day after the student's arrival on Center. Dental work shall be done in accordance with Job Corps Policy and Requirements Handbook (PRH), Chapter 6, Program Instructions, and relative Technical Assistance Guides for Health Services.

The Contractor shall provide a diagnosis and treatment plan for each student within 2 weeks after completion of routine dental examination. This includes a listing of the teeth involved and specific services to be rendered. The Contractor will establish priorities for the provision of comprehensive dental care, on the basis of the diagnosis and within program constraints.

The Contractor will provide routine restorative dental care (in accordance with the Job Corps Priority Classification System).

The Contractor shall provide assistance to the Center Director in securing appropriate referrals to ensure the receipt of special care as defined by Technical Assistance Guide 6-A.

Develop and/or assure compliance with infection control policy and procedures.

5.GOVERNMENT PUBLICATIONS/INDUSTRY STANDARDS/STATE STANDARDS/GOVERNMENT STANDARDS/TECHNICAL EXHIBITS

MISCELLANEOUS

The Contractor shall provide dental services for the Center on a day of the week that is acceptable to the Dentist and COR. The Contractor and CO/COR must, mutually agree upon additional days or any required changes within the scope of the contract. Any work the Contractor needs to perform at an off-site facility due to emergency care should be accomplished at a site within 100 miles of the center.

The Contractor shall contact the CO/COR immediately when it is necessary to cancel or change services at the Center. Rescheduling will be mutually agreed upon. The Contractor shall designate, in writing for emergency coverage, the person who will represent and act for the Contractor. In the designation, the Contractor shall specify any areas of responsibility assigned to the Contractors representative. Representative must provide appropriate credentials for DD or DDS responsibilities. Overall responsibility for the dental services program remains with the Contractor.

The Contractor shall provide a qualified Dental Assistant for 6 hours/100 students/week is the minimum required level for dental assistant coverage when dental services are provided on center. Dental and dental assistant services are to be performed at contractor’s facility. Dental Assistant services may be provided under a separate contract from the Dentist.

Dental services will not be required for the two-week Christmas break period and a two-week summer (July) break. An emergency telephone number must be provided to the Center.

Work shall be performed between the hours of 8:00a.m.and 5:00 p.m. unless a different time is mutually agreed upon between the contractor and the CO/COR.

The Contractor shall provide priority classification based on urgency of need for dental care using the Job Corps Priority Classification System.

The contractor will also provide the following services which may aid in the development, implementation, and monitoring of the total Center health program.

Advise the Center Director, Center physician, and health staff on all dental-related matters including staffing requirements, the advisability of student medical terminations for dental reasons, the cost of special services, and other areas deemed appropriate.

Assist in coordinating, developing, implementing and integrating the dental health program with other health components and Center activities.

Assure the maintenance, safeguarding, and confidentiality of all required dental records.

Advise the Center Director regarding the specific Center Dental needs, including replacement of obsolete equipment and utilization of necessary dental supplies and medications.

Department of Labor training for dental contractor may be required. Attendance will be approved by the CO/COR. contractor will be reimbursed at actual expenses not to exceed the authorized rates contained in the Federal Travel Regulations. Contractor will be paid for time actually spent in training at the applicable bid rate for dental services, no compensation will be provided for travel time.

The contractor will follow the policies, procedures, and guidelines established by the Job Corps. The contractor will have primary responsibility to implement the Dental program.

Recognized Federal Holidays are:

1. New Year's Day-January I

2. Martin Luther King Jr.’s Birthday- Third Monday in January

3. Presidents Day- third Monday in February

4. Memorial Day- Last Monday in May

5. Independence Day-July 4

6. Labor Day- first Monday in September

7. Columbus Day Second Monday in October

8. Veteran's Day- November 11

9. Thanksgiving Day- Fourth Thursday in November

10. Christmas Day- December 25

ORDERING PROSTHETICS

Prosthetic devices require the advance approval of the CO/COR. If approved, Contractor will be reimbursed for cost incurred upon submission of a proper invoice.

The Center dentist is an independent contractor and not an employee of the U.S. Forest Service or the Department of Labor, Job Corps. The contractor will exemplify and save the Oconaluftee Job Corps Center harmless from any expenses, including attorney's fees and also claims on account of damage to property or bodily injury (including death) which may be sustained by himself/herself or his/her employees in connection with work performed.

6. BASIS OF PAYMENT

Payment shall be in accordance with the Schedule of Items as shown in Section B. All other work will be considered incidental and included in the payment for the items listed in Section B.

Any dental services performed locally (not at the Job Corps Center), or special surgical procedures not performed in general practice dental office when necessary, will be charged at the rates established as usual and customary, but not to exceed rates established in the Schedule of Dental Fees, and will be itemized and added to the monthly invoices.

If the Contractor is late reporting for work, time missed will be made up on that day or at a mutually agreed upon time between the dentist and CO/COR, provided time is not in excess of one hour.

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 05-2389 (Rev.-14) was first posted on www.wdol.gov on 06/19/2012

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.: 2005-2389

Diane C. Koplewski Division of | Revision No.: 14

Director Wage Determinations| Date Of Revision: 06/13/2012

State: North Carolina

Area: North Carolina Counties of Alleghany, Ashe, Avery, Buncombe, Burke, Caldwell, Cherokee, Clay, Graham, Haywood, Henderson, Jackson, Macon, Madison, McDowell, Mitchell, Polk, Rutherford, Swain, Transylvania, Watauga, Yancey

**Fringe Benefits Required Follow the Occupational Listing**

OCCUPATION CODE - TITLE FOOTNOTE RATE

12000 - Health Occupations

12020 - Dental Assistant 15.59

12025 - Dental Hygienist 27.85

ALL OCCUPATIONS LISTED ABOVE RECEIVE THE FOLLOWING BENEFITS:

HEALTH & WELFARE: $3.71 per hour or $148.40 per week or $643.07 per month

VACATION: 2 weeks paid vacation after 1 year of service with a contractor or successor; 3 weeks after 8 years, and 4 weeks 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 4174)

HAZARDOUS PAY DIFFERENTIAL: An 8 percent differential is applicable to employees employed in a position that represents a high degree of hazard when working with or in close proximity to ordinance, explosives, and incendiary materials. This includes work such as screening, blending, dying, mixing, and pressing of sensitive ordance, explosives, and pyrotechnic compositions such as lead azide, black powder and photoflash powder. All dry-house activities involving propellants or explosives.

Demilitarization, modification, renovation, demolition, and maintenance operations on sensitive ordnance, explosives and incendiary materials. All operations involving regrading and cleaning of artillery ranges.

A 4 percent differential is applicable to employees employed in a position that represents a low degree of hazard when working with, or in close proximity to ordance, (or employees possibly adjacent to) explosives and incendiary materials which involves potential injury such as laceration of hands, face, or arms of the employee engaged in the operation, irritation of the skin, minor burns and the like; minimal damage to immediate or adjacent work area or equipment being used.

All operations involving, unloading, storage, and hauling of ordance, explosive, and incendiary ordnance material other than small arms ammunition. These differentials are only applicable to work that has been specifically designated by the agency for ordance, explosives, and incendiary material differential pay.

** 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.

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.

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.

The duties of employees…