RFP for SD.docx

SOLICITATION NUMBER: DOL12YA20000 RFP- Job Corps OA/CTS in S. Dakota

|_| Yes |X| No

U. S. Department of Labor, Employment and Training Administration, Office of Contracts Management, Room 406 525 S. Griffin Street Dallas, TEXAS 75202

Same as Block 7

SOLICITATION

9. Offers in original and (See Sec L.7) copies for furnishing the supplies or services in the Schedule will be received at the place in the depository specified in

CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L.

11. TABLE OF CONTENTS

OFFER (must be fully completed by Offeror)

12. In compliance with the above, the undersigned agree, if this offer is accepted within calendar days (60 calendar days unless a different period is inserted by the Offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

15A. NAME

16. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER

AND ADDRESS

OF OFFEROR

DUNS No. TIN :

(Type or print)

15B. TELEPHONE NO. (Include area code)

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED

20. AMOUNT

21. ACCOUNTING AND APPROPRIATION DATA

SOLICITATION NUMBER: ____________________ Job Corps OA/CTS RFP

SOLICITATION NUMBER: DOL12YA20000 RFP - Job Corps OA/CTS in S. Dakota

TABLE OF CONTENTS

PART I: THE SCHEDULE

PART II: CONTRACT CLAUSES

I. Contract Clauses 36

PART III: LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

J. List of Attachments 46

PART IV: REPRESENTATIONS AND INSTRUCTIONS

PART I - THE SCHEDULE

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 GENERAL

The U. S. Department of Labor, Job Corps has a requirement for providing Outreach/Admissions and Career Transition Services in the state of South Dakota.

The North American Industry Classification System (NAICS) code for this acquisition is 561990. The small business size standard is $7M.

The contractor shall provide Outreach and Admissions services in the state of South Dakota and shall ensure the arrival of a minimum of 425 students into the Job Corps program annually for residential male and female students, and nonresidential male and female students.

The contractor shall provide Post-Center Career Transition Services (CTS) annually for a minimum of 383 youth returning to the state of South Dakota.

All operations, services and deliverables under these items shall be provided as specified in Sections C and F of this document. (NOTE: separate CLINs can be developed for male arrivals, female arrivals, graduates and former enrollees).

B.2 PRICING SCHEDULE

The government anticipates a firm fixed price and cost reimbursement hybrid type contract:

CLINS 0001, 0002, 0006, 1001, 1002, 2001, 2002, 3001 and 3002 will be firm fixed unit prices.

CLINS 0003, 0004, 0005, 1003, 1004, 1005, 2003, 2004, 2005, 3003, 3004, 3005 will be cost reimbursement.

Outreach Arrival

Career Transition Placement

Equipment*

GSA Vehicles*

Demonstration Projects – TBD**

Transition

Outreach Arrival

Career Transition Placement

Equipment*

GSA Vehicles*

Demonstration Projects – TBD**

Outreach Arrival

Career Transition Placement

Equipment*

GSA Vehicles*

Demonstration Projects – TBD**

Outreach Arrival

Career Transition Placement

Equipment*

GSA Vehicles*

Demonstration Projects – TBD**

Outreach Arrival

Career Transition Placement

Equipment*

GSA Vehicles*

Demonstration Projects – TBD**

* For capital line items Equipment, and GSA Vehicles, a “not to exceed” (NTE) ceiling will apply for the base period and each option year of the contract. Any portion of the funding not used in each year will be included in the contract ceiling for the next contract year.

**For Demonstration Projects, a “not to exceed” ceiling will be negotiated, if Demonstration projects are identified, and incorporated by contract modification.

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 INTRODUCTION

This Statement of Work sets forth the contract performance requirements for the provision of Outreach and Admissions and/or Career Transition Services.

C.2 BACKGROUND AND OBJECTIVE

A. Background

Job Corps is a national residential training and employment program administered by the U. S. Department of Labor to address the multiple barriers to employment faced by disadvantaged youth throughout the United States. Job Corps was originally established by the Economic Opportunity Act of 1964; current authorization for the program is Title I, Subtitle C, of the Workforce Investment Act of 1998.

Job Corps provides comprehensive career development services to students including academic, career technical, career success and independent living skills, career readiness training, and support services. The unique combination of services provided in Job Corps is intended to prepare youth to obtain and hold gainful employment, pursue further education or training, or satisfy entrance requirements for careers in the Armed Forces.

B. Objective

The contractor shall provide material, services, and all necessary personnel to operate a Job Corps Outreach/Admissions and Post-Center Career Transition Services program as set forth in Title 1, Subtitle C of the Workforce, Investment Act of 1998, and the Job Corps Policy and Requirements Handbook. The basic purpose of the Outreach and Admissions program is to provide a comprehensive approach to ensure that sufficient numbers of disadvantaged youth between the ages of 16 and 24 are enrolled in specified Job Corps Centers.

The basic purpose of the Post-Center Career Transition Services System is to provide the necessary assistance and support to ensure that eligible students leaving the Job Corps program are placed into a job, the military, or additional training, and that program graduates receive the support necessary to retain employment long-term.

The general scope of work includes the participation of the contractor in Demonstration projects initiated by the U. S. Department of Labor. An equitable adjustment shall be made for those projects determined to be an increase in work within the general scope of the contract via a supplemental agreement to the contract negotiated with the contractor. All disputes arising under these actions are subject to the disputes clause.

C. Governing Regulations, Handbooks

The Job Corps Policy and Requirements Handbook (hereinafter referred to as the PRH) has been developed to include all mandatory program operation and reporting requirements in one document and is hereby incorporated into this contract by reference. The Job Corps program is defined in the Code of Federal Regulations, Title 20 - Labor, Subtitle A - Office of the Secretary of Labor, Part 670. The contractor shall follow the PRH, the Regulations, and all other requirements established in this contract. The PRH is available at:

http://www.jobcorps.gov/AboutJobCorps/performanceplanning.aspx

C.3 PROGRAM CONTENT

A. Outreach and Admissions

The contractor shall perform outreach and admissions activities as required by this contract, which ensure that the Job Corps program maintains a positive public image, maintains a ready supply of eligible and committed applicants, and works in partnership with individuals, communities, organizations, employers and state and local workforce development systems.

The contractor’s performance shall be measured against the goals established by the National Director of Job Corps each year in the Outreach and Admissions Outcome Measurement System.

The contractor shall be expected to recruit and screen sufficient numbers of applicants to generate sufficient numbers of arrivals to maintain the following Job Corps Centers at average on-board strength of 100% of the design capacity, in accordance with the delivery schedule in Section F.

The minimum Annual arrival goals are as follows:

Center

Male Residents

Male Non-Residents

Female Residents

Female Non-Residents

Boxelder

Clearfield

Kicking Horse*

Totals

*All arrivals to Kicking Horse will be Native Americans.

At a minimum, the Outreach and Admissions program shall include the following:

1. Outreach: The contractor shall work cooperatively with various individuals and organizations to attract and enroll eligible at-risk youth. The contractor shall develop and implement effective marketing techniques to educate the public about the program and to ensure that Job Corps is viewed as a positive alternative for youth. Required steps for planning and implementing outreach activities are found in PRH 1.1.

2. Eligibility Determination and Screening Factors: The contractor shall assess, verify, and document applicant eligibility for the Job Corps program, in conformity with the criteria and procedures listed in PRH 1.2 and Exhibit 1-1.

3. Information to Applicants: The contractor shall provide applicants with accurate information about the Job Corps program, and about specific Job Corps centers, in accordance with PRH 1.3.

4. Readmission: The contractor shall assess and verify that applicants for readmission meet criteria found in PRH, 1.4.

5. Applicant Assignments: The contractor shall provide a regular flow of applicants for assignment to centers in accordance with Regional procedures and PRH 1.5.

6. Enrollment Readiness: The contractor shall ensure that assigned applicants are fully prepared for successful center enrollment in accordance with requirement listed in PRH 1.6.

B. Career Transition Services

The contractor shall provide or arrange for post-center career transition services for all eligible students:

X enrolled at the Boxelder Job Corps center.

X returning to the following geographic area: South Dakota X relocating to the following geographic area: South Dakota

For purposes of this procurement the contractor should anticipate a minimum and maximum annual inflow of students for provision of post-center career transition services in the numbers shown below.

The contractor’s performance shall be measured against the goals established by the National Director of Job Corps each year in the Career Transition Services Outcome Measurement System.

The contractor shall assist eligible students in entering and maintaining long-term attachment to the labor market or further educational opportunities and training by:

· Providing personalized career transition services.

· Providing access to services that support successful transition.

· Identifying and making referral to suitable employment or educational opportunities.

The final objectives of this effort shall be quality placement, continued attachment to the workforce, and career progression.

At a minimum, the program shall consist of:

1. Career Transition Plan: The contractor shall develop a comprehensive Career Transition Plan that will ensure efficient and effective delivery of career transition services to eligible graduates and former enrollees. Specific requirements for the plan are outlined in PRH, 4.1.

2. Eligibility for Services: The contractor shall provide post-center career transition services to eligible graduates and former enrollees. Service shall be provided throughout the CTS service period prescribed by the PRH 4.2.

3. Career Transition Services for Graduates: The contractor shall maintain contact with separated graduates, provide assessments, conduct placement services including job development and referral, identify transitional needs and refer to appropriate services, and maintain contact throughout CTS service period to ensure that the graduate remains connected to the labor market following separation. The contractor shall arrange to transfer responsibility if the individual relocates outside of the service area during the service period. Specific services are detailed in PRH 4.3.

4. Career Transition Services for Former Enrollees: The contractor shall maintain contact with eligible separated former enrollees during the service period until initial placement to identify job leads and provide referrals, as specified in PRH 4.4.

5. Documentation, Reporting and Verification: The contractor shall establish a uniform system for documenting, verifying and reporting Career Transition Services, using the criteria in PRH, 4.5.

C. Management

The contractor shall provide direction, management and administrative support to all functions and activities of outreach/admissions and career transition services. The contractor shall establish systems that ensure:

· Effective program organization and management.

· Program integrity and accountability.

· Staff professionalism and development.

At a minimum, the program shall consist of:

1. Program Management:: The contractor shall establish a system that ensures achievement of program goals and maintenance of quality performance. Expected procedures for monitoring and tracking operations and outcomes are listed in PRH, 5.1.

2. Personnel: The contractor shall recruit, hire, and retain qualified staff, in accordance with the requirements of PRH, 5.2, and Exhibit 5-3. The contractor shall develop and implement policies that promote a working environment of equal opportunity which is free of race, gender, or ethnic bias.

3. Staff Training: The contractor shall provide training opportunities that ensure that staff possess the knowledge and skills necessary to perform their job duties and which enable them to serve as positive role models for students. Specific training requirements are detailed in PRH, 5.3, and Exhibit 5-4.

4. Procurement and Property Management: The contractor shall establish systems to procure property, services, and supplies in a cost-efficient and environmentally-friendly manner in accordance with government policies. The contractor shall also establish systems to provide procedures for receipt and accountability of government-owned property, materials, and supplies, in accordance with PRH 5.6.

5. Financial Management: The contractor shall develop and maintain systems to effectively plan, budget and control expenses which shall safeguard public funds and ensure the cost-effective provision of services to meet program goals. The contractor shall establish and maintain a financial management system which meets all the requirements of PRH, 5.7, and Appendix 503.

SECTION D - PACKAGING AND MARKING

[For this Solicitation, there are NO clauses in this Section]

All submissions should be clearly labeled on the outside of the box or envelope, referencing

“DOL12YA20000”

Books/binders shall be numbered in the upper right hand corner of the outside cover of each section with your corporate acronym, section title, and “Copy # of #”. For example

XYZ, Inc. Technical Prop Copy 1 of 3

SECTION E - INSPECTION AND ACCEPTANCE

E.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

The following contract clauses pertinent to this section are hereby incorporated by reference (by Citation Number, Title, and Date) in accordance with the clause at FAR 52.252-2 "CLAUSES INCORPORATED BY REFERENCE" in Section I of this contract. See FAR 52.252-2 for an internet address (if specified) for electronic access to the full text of a clause.

NUMBER TITLE DATE

E.2 INSPECTION AND ACCEPTANCE

A. Initial Inspection and Acceptance of Admission Arrivals

On the first day of the month, the contractor shall furnish, to the COR, a list of student arrivals made during the prior month. The list shall contain (1) the student’s name, (2) social security number, (3) the center where the student arrived and (4) the date of arrival. The list shall be identified with the following title: “Arrivals List for Initial Acceptance No. 1” and the list number shall be submitted in sequential numbers.

Upon receipt of the Arrivals List for Initial Acceptance, the COR shall have five business days to review the student arrivals list and determine acceptance of valid arrivals.

B. Final Inspection and Acceptance of Admission Arrivals

90 days after acceptance of an Arrival List for Initial Acceptance, the contractor shall furnish, to the COR, an Arrival List for Final Acceptance. The list shall contain those students who were accepted as arrivals in the initial list and have stayed at the Job Corps Center for a period of at least 90 days. The list shall contain (1) the student’s name, (2) social security number, (3) the center where the student arrived and (4) the date of arrival. The list shall be identified with the following title: “Arrivals List for Final Acceptance No. 1” and the list number shall be submitted in sequential numbers, matching the number of the corresponding initial acceptance list.

Upon receipt of the Arrivals List for Final Acceptance, the COR shall have five business days to review the student arrivals list and determine acceptance of a valid arrival.

C. Initial Inspection and Acceptance of the Career Transition Placements

On the first day of the month, the contractor shall furnish, to the COR, documentation of career transition placements made for the month. The contractor’s documentation shall be in accordance with criteria in PRH, 4.5.

The COR shall have five business days to review the documentation and determine initial acceptance of a valid career transition placement.

D. Final Inspection and Acceptance of the Career Transition Placements

On a quarterly basis the contractor shall furnish, to the COR, a Career Transition Placements List for Final Acceptance. The list shall contain those students who were initially accepted as valid career transition placements and have stayed at the placement for a period of at least six months, as defined in the criteria contained in PRH 4.5. The list shall contain (1) the student’s name, (2) social security number, and (3) the placement and (4) the date of placement.

Upon receipt of the Career Transition Placements List for Final Acceptance, the COR shall have five business days to review the student arrivals list and determine final acceptance of a valid career transition placement.

SECTION F - DELIVERIES OR PERFORMANCE

F.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

The following contract clauses pertinent to this section are hereby incorporated by reference (by Citation Number, Title, and Date) in accordance with the clause at FAR 52.252-2 “CLAUSES INCORPORATED BY REFERENCE” in Section I of this contract. See FAR 52.252-2 for an internet address (if specified) for electronic access to the full text of a clause.

F.1 TYPE OF CONTRACT

This is a firm fixed unit price, cost-reimbursement, hybrid type Contract.

F.2 PERIOD OF PERFORMANCE

A. The contract period of performance is for a base period of one year, with four, one-year option periods. The contractor shall provide Outreach/Admissions and Career Transition Services during the period of May 1, 2013 – April 30, 2014 and if appropriate, shall perform necessary functions related to a transition period for assuming responsibility for the operation of the OA/CTS contract for the month of April 2013.

B. Arrival Input Schedule:

The contractor shall ensure the arrival of the minimum number of students into the Job Corps program in accordance with schedule outlined below:

Annual Arrival by Month

Month

Male

Female

Total

June

July

August

September

October

November

December

January

February

March

April

C. The contractor should anticipate a minimum and maximum annual inflow of students for provision of post-center career transition services in the numbers shown below.

D. Upon completion or termination of this contract, the contractor shall transfer to the successor contractor complete documentation regarding property transactions, student files and other records as directed by the Contracting Officer.

F.3 PLACE OF PERFORMANCE

Place of performance will be at the contractor’s discretion.

SECTION G. CONTRACT ADMINISTRATION DATA

G.1 DOLAR 2952.201-70 CONTRACTING OFFICER'S TECHNICAL

REPRESENTATIVE (COTR) (MAY 2004)

(a) (To be provided at the time of award) of US Department of Labor, Employment & Training Administration is hereby designated to act as contracting officer's technical representative (COTR) under this contract.

(b) The COTR is responsible, as applicable, for: receiving all deliverables; inspecting and accepting the supplies or services provided hereunder in accordance with the terms and conditions of this contract; providing direction to the contractor which clarifies the contract effort, fills in details or otherwise serves to accomplish the contractual scope of work; evaluating performance; and certifying all invoices/vouchers for acceptance of the supplies or services furnished for payment.

(c) The COTR does NOT have the authority to alter the contractor's obligations under the contract, and/or modify any of the expressed terms, conditions, specifications, or cost of the agreement. If, as a result of technical discussions, it is desirable to alter/change contractual obligations or the scope of work, the Contracting Officer must issue such changes.

G.2 FUNDING AND FINANCIAL ADMINISTRATION

No Job Corps funds shall be provided to pay compensation to any individual, either as a direct cost or as an indirect cost, or proration at a rate in excess of the Executive Level I pay rate. (Applicable Executive Pay Schedules are available at: http://www.opm.gov/). Proration means that the amount charged for a less than full-time employee cannot exceed an annualized rate equal to the authorized Executive Level 1 rate. Compensation is defined as salaries and cash bonuses exclusively. This does not include fringe benefits. This applies to all functions within the Job Corps contract, including subcontracted services.

The amount to be reimbursed to the contractor for purchased accountable property and the fixed day/month GSA rental charge exclusive of the GSA mileage charge and exclusive of excess personal property (as defined in the DOL Property Handbook for Employment and Training Administration contractors, including revisions and amendments thereto), is provided in Parts A and B. This amount shall be operative under this contract until such time as the Government may incrementally increase it.

A. Summary of Funds Available

LINE ITEM

DESCRIPTION

Line Item Amount

Funds Obligated

Unfunded Amount

* For capital line items Equipment, and GSA Vehicles, a “not to exceed” (NTE) ceiling will apply for the base period and each option year of the contract. Any portion of the funding not used in each year will be included in the contract ceiling for the next contract year.

**For Demonstration Projects, a “not to exceed” ceiling will be negotiated, if Demonstration projects are identified, and incorporated by contract modification.

B. Payment:

1. Payment Upon Initial Inspection and Acceptance of Admission Arrivals

Upon receipt of the Arrivals List for Initial Acceptance, the COR shall have five business days to review the student arrivals list and determine acceptance of valid arrivals.

Payment shall be made in the amount of 80% of the total unit price of the arrival upon the initial acceptance of a valid arrival. Once the COR has completed initial acceptance of an arrival, the contractor can submit an invoice that includes request for payment of the initially accepted arrival. The invoice shall specify the student’s name and social security number to enable the COR sufficient information to validate payment.

2. Final Inspection and Acceptance of Admission Arrivals

Upon receipt of the Arrivals List for Final Acceptance, the COR shall have five business days to review the student arrivals list and determine acceptance of a valid arrival.

Payment shall be made in the amount of 20% of the total unit price of the arrival upon the final acceptance of a valid arrival. Once the COR has completed final acceptance of an arrival, the contractor can submit an invoice that includes request for payment of the finally accepted arrival. The invoice shall specify the student’s name and social security number to enable the COR sufficient information to validate payment.

3. Initial Inspection and Acceptance of the Career Transition Placements

The COR shall have five business days to review the documentation and determine initial acceptance of valid career transition placement.

Payment shall be made in the amount of 80% of the total unit price of the arrival upon the initial acceptance of a valid career transition placement. Once the COR has completed initial acceptance of a career transition placement, the contractor can submit an invoice that includes request for payment of the initially accepted career transition placement. The invoice shall specify the student’s name and social security number to enable the COR sufficient information to validate payment.

4. Final Inspection and Acceptance of the Career Transition Placements

Upon receipt of the Career Transition Placements List for Final Acceptance, the COR shall have five business days to review the student arrivals list and determine acceptance of a valid arrival.

Payment shall be made in the amount of 20% of the total unit price of the arrival upon the final acceptance of a valid career transition placement. Once the COR has completed final acceptance of a career transition placement, the contractor can submit an invoice that includes request for payment of the finally accepted career transition placement. The invoice shall specify the student’s name and social security number to enable the COR sufficient information to validate payment.

C. Limitation on Withholding of Payments

If more than one clause or schedule provision of this contract authorizes the temporary withholding of amounts otherwise payable to the contractor for work performed under this contract, the total of the amounts so withheld at any one time shall not exceed the greatest amount which may be withheld under any one such clause or schedule provision at that time, provided that this limitation shall not apply to:

1. Withholdings pursuant to any clause relating to wages or hours or employees;

2. Withholdings not specifically provided for by this contract; and

3. The recovery of overpayments.

D. Invoice Requirements

An original invoice shall be prepared and submitted to the Department of Labor (DOL) by email to:

DOL-NO-ETA@quickpaydol.gov

1). Electronic PDF/TIFF Invoice Submittal

In an effort to support the eCommerce initiative and expedite vendor payment processing, the DOL requires invoices to be submitted electronically.

The contractor shall:

a. Address the invoice to the appropriate e-mail address specified above.

b. Submit the invoice via attachment in PDF or TIFF format.

c. Submit only one invoice per electronic submittal.

d. Enter specific information in the subject line of the e-mail in the following format:

<Contractor Name>, DOL Agency, <Contract Number>, Invoice Number, <Invoice Amount> Example: ABC Co, OASAM, DOL00-00-X0000/X0000, Invoice Number AB-1298433, $15,000.00.

e. Submit a copy of the email with the attached invoice to the contracting officer’s representative (COR) at the COR email address specified in the contract.

f. Wait for either a success or failure e-mail response, regarding the invoice e-mail, before sending in another e-mail with the same invoice attachment.

The contractor MUST NOT:

a. Submit an invoice that exceeds the size limit of 16 megabytes (approximately 400-500 pages). However, if the invoice exceeds this limit, a summary invoice attachment of less than 16 megabytes should be e-mailed to the payment e-mail address above; while the detailed invoice, including any supplemental information, shall be sent to the COR or other representative at the address (specified in paragraph 2 below).

b. Submit an invoice that is heavy in shading or color.

1. An e-mailed PDF image cannot have any text that has a background with any color other than white. If the image has a shaded background, it will be converted to black, and the text will be illegible.

2. An emailed TIFF image must be black and white.

c. Submit more than one attachment as subsequent attachments will not be recognized.

d. Submit more than one invoice in a single attachment.

General Information

Payment due dates will be calculated only from the date that invoices are received in the electronic invoicing e-mail box and determined to be proper invoices.

Inquiries regarding invoices should be e-mailed to ETAinvoiceinquiry@dol.gov. The relevant invoice must be attached to the inquiry e-mail and the subject line of the e-mail must state “INQUIRY,” followed by the information described in paragraph 1).d. above.

Example: INQUIRY: <Contractor Name>, DOL Agency, <Contract Number, BPA Call or Order Number>, Invoice Number, <Invoice Amount>

Do NOT use the electronic invoicing e-mail address for inquiries about the invoice.

2). Paper Invoices submitted via fax or U.S. mail

Paper invoices should only be faxed or mailed when electronic email cannot be accomplished due to size limitations described above.

When invoices must be faxed due to e-mail size limitations, fax them to: 202-693-2862 When paper invoices must be mailed due to e-mail size limitations, mail them to the following address:

U.S. Department of Labor Employment and Training Administration Office of Financial Accounting Services Room N-4702 Attn: Accounts Payable 200 Constitution Avenue, N.W Washington, DC 20210

E. Invoice Requirements:

1. The contractor shall submit the original, of the invoice claiming reimbursement for costs for provisional payment directly to the COR for certification and forwarding to the cognizant payment office.

Invoices shall be submitted not more frequently than once a month. Each invoice must contain, at a minimum, the following:

a. Name of the business concern or agency preparing invoice;

b. Date invoice is prepared;

c. Contract number; and

d. Name (where practicable), title, phone number and complete mailing address of responsible official to whom payment is to be sent.

e. For invoiced initial and final arrivals, the contractor shall provide the student’s social security number and name.

f. For invoiced initial and final career transition placements, the contractor shall provide the student’s social security number and name.

g. For costs invoices under cost-reimbursement line items, the contractor shall provide a detailed breakdown of the costs and shall attach receipts and documentation to support such costs incurred.

2. Certification must be made that the amount vouchered does not exceed the amount of funds available in the contract.

3. Each invoice shall be numbered consecutively and shall include costs, incurred for the current period; and a report reflecting the cumulative total costs, incurred.

4. For the purpose of this contract the COR is hereby designated the authorized representative for the Contracting Officer for processing provisional payment of invoices, except that the final invoice shall be forwarded to the Contracting Officer. The right to determine whether costs are allowable, disallowable, or should be suspended is not re-delegated, but is reserved for the Contracting Officer.

G.3 INTERPRETATION OR MODIFICATIONS

No oral statement of any person and no written statement of anyone other than the Contracting Officer shall modify or otherwise affect the terms or meaning of this contract. All requests for interpretations, modifications, or changes shall be made in writing to the Contracting Officer.

G.4 LIQUIDATED DAMAGES FOR PLACEMENTS AND ENROLLMENTS FOUND TO BE INVALID OR FRADULENT

If the contractor bills the Government for an admission or a placement and the admission or placement is later found to be invalid or fraudulent, the contractor is liable to the Government for the full, firm fixed unit price of the admission or placement. In addition, the contractor may be held financially responsible for any peripheral costs associated with placements and/or admissions found to be invalid.

G.5 FAILURE TO COMPLY WITH CONTRACT TERMS

The contractor shall be held liable for failure to comply with the terms of the contract, including any fraudulent activity resulting from the actions of the contractor or contract staff in accordance with the following clauses, incorporated by reference:

G.6 PAYMENT BY ELECTRONIC FUNDS TRANSFER – CENTRAL CONTRACTOR REGISTRY (52.232-33) (OCT 2003)

(a) Method of payment.

(1) All payments by the Government under this contract shall be made by electronic funds transfer (EFT), except as provided in paragraph (a)(2) of this clause. As used in this clause, the term “EFT” refers to the funds transfer and may also include the payment information transfer.

(2) In the event the Government is unable to release one or more payments by EFT, the Contractor agrees to either—

(i) Accept payment by check or some other mutually agreeable method of payment; or

(ii) Request the Government to extend the payment due date until such time as the Government can make payment by EFT (but see paragraph (d) of this clause).

(b) Contractor's EFT information. The Government shall make payment to the Contractor using the EFT information contained in the Central Contractor Registration (CCR) database. In the event that the EFT information changes, the Contractor shall be responsible for providing the updated information to the CCR database.

(c) Mechanisms for EFT payment. The Government may make payment by EFT through either the Automated Clearing House (ACH) network, subject to the rules of the National Automated Clearing House Association, or the Fedwire Transfer System. The rules governing Federal payments through the ACH are contained in 31 CFR Part 210.

(d) Suspension of payment. If the Contractor’s EFT information in the CCR database is incorrect, then the Government need not make payment to the Contractor under this contract until correct EFT information is entered into the CCR database; and any invoice or contract financing request shall be deemed not to be a proper invoice for the purpose of prompt payment under this contract. The prompt payment terms of the contract regarding notice of an improper invoice and delays in accrual of interest penalties apply.

(e) Liability for uncompleted or erroneous transfers.

(1) If an uncompleted or erroneous transfer occurs because the Government used the Contractor’s EFT information incorrectly, the Government remains responsible for—

(i) Making a correct payment;

(ii) Paying any prompt payment penalty due; and

(iii) Recovering any erroneously directed funds.

(2) If an uncompleted or erroneous transfer occurs because the Contractor’s EFT information was incorrect, or was revised within 30 days of Government release of the EFT payment transaction instruction to the Federal Reserve System, and—

(i) If the funds are no longer under the control of the payment office, the Government is deemed to have made payment and the Contractor is responsible for recovery of any erroneously directed funds; or

(ii) If the funds remain under the control of the payment office, the Government shall not make payment, and the provisions of paragraph (d) of this clause shall apply.

(f) EFT and prompt payment. A payment shall be deemed to have been made in a timely manner in accordance with the prompt payment terms of this contract if, in the EFT payment transaction instruction released to the Federal Reserve System, the date specified for settlement of the payment is on or before the prompt payment due date, provided the specified payment date is a valid date under the rules of the Federal Reserve System.

(g) EFT and assignment of claims. If the Contractor assigns the proceeds of this contract as provided for in the assignment of claims terms of this contract, the Contractor shall require as a condition of any such assignment, that the assignee shall register separately in the CCR database and shall be paid by EFT in accordance with the terms of this clause. Notwithstanding any other requirement of this contract, payment to an ultimate recipient other than the Contractor, or a financial institution properly recognized under an assignment of claims pursuant to Subpart 32.8, is not permitted. In all respects, the requirements of this clause shall apply to the assignee as if it were the Contractor. EFT information that shows the ultimate recipient of the transfer to be other than the Contractor, in the absence of a proper assignment of claims acceptable to the Government, is incorrect EFT information within the meaning of paragraph (d) of this clause.

(h) Liability for change of EFT information by financial agent. The Government is not liable for errors resulting from changes to EFT information made by the Contractor’s financial agent.

(i) Payment information. The payment or disbursing office shall forward to the Contractor available payment information that is suitable for transmission as of the date of release of the EFT instruction to the Federal Reserve System. The Government may request the Contractor to designate a desired format and method(s) for delivery of payment information from a list of formats and methods the payment office is capable of executing. However, the Government does not guarantee that any particular format or method of delivery is available at any particular payment office and retains the latitude to use the format and delivery method most convenient to the Government. If the Government makes payment by check in accordance with paragraph (a) of this clause, the Government shall mail the payment information to the remittance address contained in the CCR database.

SECTION H. SPECIAL CONTRACT REQUIREMENTS

H.1 CONTRACTOR'S GENERAL RESEARCH COSTS

It is specifically agreed that no part of the costs of the contractor's sponsored independent general research program shall be charged directly or indirectly to this contract.

H.2 PAYMENT OF ROYALTIES

Payments by the contractor of any sum for royalties or patent rights not included in the ordinary purchase price of standard commercial supplies shall not constitute items of allowable cost hereunder, unless and until approved by the Contracting Officer. Reimbursement to the contractor on account of any such payments shall not be construed as an admission by the Government of the enforceability, validity, scope, or title to any of the patents involved, nor shall any such reimbursement constitute a waiver of any rights or defenses respecting such patents.

H.3 DUPLICATION OF EFFORT

The contractor hereby certifies that costs of work to be performed under this contract and any subcontract hereunder is not duplicative of any costs charged against any other Government contract, subcontract, or other Government source. The contractor shall include the provisions of this paragraph in every subcontract issued hereunder which exceeds $2,500. The contractor agrees to advise the Contracting Officer in writing of any other Government contract or subcontract it has performed, or is performing, which involves work directly related to the purpose of this contract.

H.4 OTHER CONTRACTORS

The Government may undertake or award other contracts for the same, essentially similar, or related work, and the contractor shall fully cooperate with such other contractors and with Government employees. The contractor shall not commit or permit any act which shall interfere with the performance of work by any other contractor or by Government employees.

H.5 TRAVEL AND PER DIEM

All travel and per diem charges shall be in accordance with Federal Travel Regulations or those of the contractor, whichever is more restrictive. Current Federal Travel Regulations may be obtained from the Contracting Officer or at the following website: www.gsa.gov.

H.6 WAGE COMPARABILITY

A. The contractor agrees: (1) to pay at least the prevailing applicable Federal minimum wage (refer to Section 6(a) (1) of the Fair Labor Standards Act of 1938, as amended); (2) that DOL shall reimburse for compensation in excess of the minimum only to the extent that such compensation does not exceed the standards set forth for reasonableness thereof in the applicable Cost Principles (FAR 31.2). In general compensation should be limited to an amount which does not exceed the wage or salary payable to persons providing substantially similar services in the area where the program is being carried out, or the area of the particular employee's immediately preceding employment, whichever is higher. The contractor agrees to submit a statement of wages and salaries as required under B below.

B. As appropriate and required, the contractor shall pay Davis-Bacon and/or Service Contract prevailing wages and ensure that subcontractors follow those provisions. The contractor is liable for costs if wages are being paid below the prevailing rates.

H.7 COLLECTIVE BARGAINING AGREEMENTS

Prime and/or subcontractors shall provide the contracting officer with a copy of any collective bargaining agreements affecting this contract, in accordance with FAR 22.1008-2.

H.8 WITHHOLDING

The Contracting Officer shall upon his/her own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same Prime Contractor, or any other Federally-assisted contract subject to Davis-Bacon prevailing wage requirements which is held by the same Prime Contractor, as much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers employed by the contractor or any subcontractor, the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work (or under the United States Housing Act of 1937 or the Housing Act of 1949 in the construction or development of the project), all or part of the wages required by the contract, the Contracting Officer may, after written notice to the Prime Contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased.

H.9 POLITICAL ACTIVITY

The contractor agrees that it shall not perform or permit any political propagandizing in connection with the performance of this contract. The contractor's employees, volunteers and trainees shall not be assigned to conduct political activities or instruction. Funds under this contract shall be used exclusively for performance of the work required under this contract. No funds made available under this contract shall be used to promote any political activities.

H.10 RESTRICTIONS ON CONTRACTOR'S LEGISLATIVE INFLUENCE ACTIVITY

The salary or expenses of anyone engaged in any activity designed to influence legislation or appropriations pending before the Congress shall not be an allowable cost under this contract.

H.11 CONTRACT IDENTIFICATION NUMBER

The contractor agrees to refer to and apply the identifying number of this contract on all correspondence, communications, reports, vouchers, and all other data concerning this contract, or delivered hereunder.

H.12 SUBMISSION OF CORRESPONDENCE

All correspondence relating to contractual aspects shall be directed to the attention of the Contracting Officer at the address listed on the face sheet of this contract.

H.13 AUTHORIZATION AND CONSENT FOR USE OF PATENT

The Government hereby gives its authorization and consent for all use and manufacture of any invention described in, and covered by, a patent of the United States in the performance of this contract or any part hereof or any amendment thereto or any subcontract hereunder (including any lower-tier subcontract).

H.14 PATENT RIGHTS

A. Whenever any invention, improvement, or discovery (whether or not patented) is made or conceived, or for the first time actually or constructively reduced to practice, by the contractor or its employees, in the course of, in connection with, or under the terms of, this contract, the contractor shall immediately give the Contracting Officer written notice thereof and shall promptly thereafter furnish the Contracting Officer complete information thereon; and the Contracting Officer shall have the sole and exclusive power to determine whether or not, and where, a patent application shall be filed, and to determine the disposition of all rights in such invention, improvement, or discovery, including title to, and rights under, any patent application or patent that may issue thereon. The determination of the Contracting Officer on all these matters shall be accepted as final and the provisions of the clause of this contract entitled "Disputes" shall not apply; and the contractor agrees that it shall, and warrants that all of its employees who may be the inventors shall, execute all documents and do all things necessary or proper to the effectuation of such determination.

B. Except as otherwise authorized in writing by the Contracting Officer, the contractor shall obtain patent agreements to effectuate the provisions of this clause from all persons who perform any part of the work under this contract, except such clerical and manual labor personnel as shall have no access to technical data.

C. Except as otherwise authorized in writing by the Contracting Officer, the contractor shall insert in each subcontract having experimental, developmental, or research work as one of its purposes provisions making this clause applicable to the subcontractor and its employees.

D. If the Government obtains patent rights pursuant to this clause of this contract, the contractor shall be offered license rights thereto on terms at least as favorable as those offered to any other firm.

E. In the event no inventions, improvements, or discoveries (whether or not patented) are made or conceived, or for the first time actually or constructively reduced to practice by the contractor or its employees in the course of, in connection with, or under the terms of, this contract, the contractor shall so certify to the Contracting Officer before final payment hereunder.

F. If the contractor is permitted to file patent applications pursuant to this clause, the following statement shall be included within the first paragraph of the specification of any patent application or patent:

"The invention described herein was made in the course of, or under, a contract with the Department of Labor.

H.15 ELIMINATION OF SEXIST LANGUAGE AND ARTWORK

All written materials issued by a contractor shall conform to the following guidelines for eliminating sexist language and artwork:

A. Avoid the use of sex references in job titles.