DOL-ETA-15-R-00039_Amend_0003-signed.pdf

(x)

DOL-ETA-15-R-00039

x x copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted ; or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGEMENT TO BE RECEIVED AT

THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted , such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

x

ATLANTA GA 30303

ETA/OJC GA OCM ADMIN

ATTN: CAROL ANDRY

ROOM 7M70

61 FORSYTH ST., SW

US DEPARTMENT OF LABOR

ATLANTA GA 30303

ETA/OJC GA OCM ISSUE

ATTN: CAROL ANDRY

ROOM 7M70

61 FORSYTH ST., SW

US DEPARTMENT OF LABOR

04/17/2015000003

13. THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTS/ORDERS. IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

12. ACCOUNTING AND APPROPRIATION DATA (If required) is not extended.is extended, Items 8 and 15, and returning

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended , by one of the following methods: (a) By completing

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

FACILITY CODE CODE

10B. DATED (SEE ITEM 13)

10A. MODIFICATION OF CONTRACT/ORDER NO.

9B. DATED (SEE ITEM 11)

9A. AMENDMENT OF SOLICITATION NO.

CODE

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code)

7. ADMINISTERED BY (If other than Item 6)CODE 6. ISSUED BY

PAGE OF PAGES

4. REQUISITION/PURCHASE REQ. NO.3. EFFECTIVE DATE2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO. (If applicable)

1. CONTRACT ID CODE

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

04/17/2015

CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority) appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

E. IMPORTANT: Contractor is not, is required to sign this document and return __________________ copies to the issuing office.

ORDER NO. IN ITEM 10A.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

A. Amendment

The purpose of this amendment is to update the RFP and respond to questions from industry.

ITEM 0001: The submission deadline is hereby extended

From: 09/15/2015

To: 09/30/2015

ITEM 0002: Section G. is hereby deleted in its entirety and is replaced with the attached:

ITEM 0003: Section L.6.I.5.2, L.6.I.5.3 and L.6.I.5.4 are hereby deleted in its entirety

Continued ...

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)15A. NAME AND TITLE OF SIGNER (Type or print)

15C. DATE SIGNED 16B. UNITED STATES OF AMERICA 15B. CONTRACTOR/OFFEROR 16C. DATE SIGNED

(Signature of person authorized to sign) (Signature of Contracting Officer)

Carol Andry

STANDARD FORM 30 (REV. 10-83)

Prescribed by GSA

FAR (48 CFR) 53.243

NSN 7540-01-152-8070

Previous edition unusable

Except as provided herein, all terms and conditions of the document referenced in Item 9 A or 10A, as heretofore changed, remains unchanged and in full force and effect .

09/09/2015

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

2 2CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

DOL-ETA-15-R-00039/000003

and is replaced with the attached.

ITEM 0004: Section L.6.A. is hereby deleted in its entirety and is replaced with the following:

A. Standard Form 33 - Block 9 - Solicitation

Hand-delivered proposals must be delivered to the address listed below. Proposals delivered by commercial carrier will be treated as hand-delivered proposals.

Kelson Baker, Contract Specialist (CTR), Email: Baker.Kelson@dol.gov

U.S. Department of Labor

Employment & Training Administration, Office of Contracts Management

Division of Job Corps Procurement

200 Constitution Ave

Room: N4643

Washington, DC 20210

Period of Performance: 03/01/2016 to 10/31/2021

Attachment 1: Section G

Attachment 2: Section L.6.I.5

Attachment 3: Vehicle Listing

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

SECTION G. CONTRACT ADMINISTRATION DATA

G.1 DOLAR 2952.201-70 CONTRACTING OFFICER’S REPRESENTATIVE (MAY 2004)

(a) The Contracting Officer’s Representative (COR) for this contract shall be named in a designation letter.

(b) The COR 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 services 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 COR 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 CONTRACTING OFFICER’S REPRESENTATIVE RESPONSIBILITES

In addition to those responsibilities named in DOLAR 2952.201-70, Contracting Officer’s Representative (May 2014), the Contracting Officer’s Representative is responsible for the duties listed below. Please note that this is not a comprehensive list.

1. Recommend contract modifications to the Contracting Officer as a result of monitoring or as may be requested by the contractor.

2. Review and coordinate changes or corrections, if any, and accept all reports (including any final reports) required under the contract.

3. Review and approve required plans, e.g., Career Development Service Systems (CDSS) Plan, Career Technical Skills Training (CTST) Plan, etc.

G.3 FEES

G.3.1: Technical Performance Incentive Fee:

Under the terms of this cost plus incentive fee contract, the contractor shall have the opportunity to earn a technical performance incentive fee and a technical performance excellence bonus for center operations, and for Outreach/Admissions (OA), and Career Transition Services (CTS), if applicable, based on achievement of goals. The technical performance incentive fee shall range from 0% to 2.4% of total direct and indirect costs, excluding fee, CRA, equipment, CTST, and demonstration projects.

Annually, the Employment & Training Administration will establish and publish the performance range for the upcoming Program Year. Performance ranges may fluctuate from year to year based on performance history for the preceding year. To ensure that eventual costs to the Government do not exceed budget availability, the performance range will be set so that there is a balanced distribution between higher and lower performers.

The performance range will identify maximum and minimum incentive fee payment levels as follows:

Maximum: level at which the contractor receives the maximum available incentive fee payment (2.4%)

Minimum: level below which the contractor receives no incentive fee payment (0%)

Incremental incentive fee payment levels will be established for each level of OMS performance (to one decimal point) within each Program Year’s established performance range; i.e., amounts will be established incrementally for 90.0%, 90.1%, 90.2%, etc.

The contractor’s performance and the amount of technical performance incentive fee earned shall be determined annually after the close of the contract year, based on achievement of Program Year goals within the Job Corps’ Outcome Measurement System. Each contractor’s performance will be evaluated based on the portion of the contract year that occurred during the Program Year for which the performance range was in effect.

In order to motivate and reward excellence in performance, those contractors whose performance exceeds the top of the National Performance Range will be eligible to earn a technical performance excellence bonus. The bonus will be awarded for performance above the top of the National Performance Range The amount of the performance excellence bonus pool for the contract will be up to .5%. The bonus pool will be distributed in equal incremental amounts throughout the bonus range.

Under the resultant terms of this contract, the minimum cost incentive fee (described below), the technical performance incentive fee, and the maximum technical performance excellence bonus for Center Operations shall be as follows:

Center Operations:

Contract Year

Minimum Cost

Incentive Fee

(3.0%)

Minimum Technical

Performance Incentive Fee

(0%)

Average Technical

Performance Incentive Fee

(1.2%)

Maximum Performance Incentive Fee

(2.4%)

Maximum Technical

Performance Excellence

Bonus (.5%) Base 1 Base 2

Option 1 Option 2 Option 3

G.3.2: Cost Incentive Fee:

The contractor shall also perform under the parameters of a cost incentive fee structure. Under the incentive fee structure, the contractor shall have the opportunity to earn a cost incentive fee, based upon the relationship between the contractor’s actual costs versus its target cost for each contract year.

The cost incentive fee shall range from 3.0% to 4% of total direct and indirect costs, excluding CRA (CLIN 5001), equipment (CLIN 5002), CTST (5003), and demonstration projects (5004). However, the contractor’s minimum cost incentive fee of 3% may be unilaterally reduced to 0% by the Contracting Officer if the contractor’s actual costs exceed the target cost by greater than 10%.

The following shall form the basis of the contractor’s cost incentive structure:

Term Definition of Term Center Operations

Target Cost Contractor’s current contract year’s estimated operations cost (i.e., that contract year’s approved operations budget as shown on form 2181 within FMS), excluding fees, CRA, equipment, CTST, and demonstration projects.

Base Year One:

Base Year Two:

Option Year One:

Option Year Two:

Option Year Three:

Actual Cost The actual operations costs incurred by the contract as a result of contract performance (i.e., as shown on form 2110), excluding fees, CRA, equipment, CTST, and demonstration projects

Base Year One:

Base Year Two:

Option Year One:

Definition of Term Center Operations Minimum Cost Incentive Fee

Minimum Cost Incentive Fee = 3.0% of total direct and indirect costs, excluding fees, CRA, equipment, CTST, and demonstration projects.

Please note that the minimum cost incentive fee operates in the same way as a fixed fee and therefore, the dollar amount of the minimum fee does not increase as the contractor’s costs increase, unless approved by the Contracting Officer.

Contractor’s minimum cost incentive fee of 3% may be unilaterally reduced to 0% by the Contracting Officer if the contractor’s actual costs exceed the target cost by greater than 10%.

Base Year One:

Base Year Two:

Option Year One:

Maximum Cost Incentive Fee

Maximum Cost Incentive Fee Possible = 4% of total direct and indirect costs, excluding fees, CRA, equipment, CTST, and demonstration projects.

Option Year One:

Target Cost Incentive fee

This is the cost incentive fee that the contractor earns if the contractor’s actual costs are equal to the Target Cost

3.5% of total direct and indirect costs, excluding fees, CRA, equipment, CTST, and demonstration projects.

Option Year One:

Term Definition of Term Center Operations Cost Overrun and Cost Underrun variances

A cost overrun variance occurs when actual operations cost is more than the budgeted cost in a given contract year.

A cost underrun variance occurs when actual operations cost is less than the budgeted cost in a given contract year.

The contract year’s variance will be reported on the form 2110.

Fee Adjustment Formula – used to calculate Cost Incentive Fee Earned

Cost Sharing Ratio for cost overruns = 50% Government / 50% Contractor

Benefit Ratio for cost underruns = 50% Government / 50% Contractor

Calculation of the Final Cost Incentive Fee earned (see Note 2)

Final Cost Incentive Fee = Target Cost Incentive Fee + /- (Cost Underrun or Cost Overrun variance * Contractor Share) (see Note 2)

Base Year One:

Base Year Two:

Option Year One:

Note 1: In accordance with cost reporting requirements as found in Appendices 502 and 503 of the PRH.

Note 2: The Final Cost Incentive Fee earned will not be less than 3.0% of total direct and indirect costs (minimum cost incentive fee) and not more than 4% of total direct and indirect costs (maximum cost incentive fee). However, the Contractor’s minimum cost incentive fee of 3.0% may be unilaterally reduced to 0% by the Contracting Officer if the contractor’s Actual costs exceed the Target cost by greater than 10%.

Examples of Cost Incentive Scenarios:

FACTS: A contractor is awarded a contract with an estimated cost of $10,000,000 for operations for Base Year One, excluding fees. The minimum cost incentive fee that the contractor will earn for operations under this contract for operations is $300,000. The maximum cost incentive fee that the contractor could earn for operations is $400,000. The target cost incentive fee that the contractor could earn for operations is $350,000.

Scenario #1: If the actual costs for center operations during the base period were $10,100,000, then the contractor would be responsible for absorbing 50% of that $100,000 overrun or $50,000. The Government would share in 50% or $50,000 of the overrun. Therefore, the contractor would earn a total cost incentive fee of $300,000, which is calculated as follows: $350,000 target cost incentive fee, less $50,000 cost overrun incentive fee, shared by operator equals net cost incentive fee of $300,000.

Scenario #2: If the actual costs for center operations during the base period were $9,900,000, then the contractor would benefit in 50% of the $100,000 underrun or $50,000. The Government would benefit 50% or $50,000 as a result of the underrun or cost savings. Therefore, the contractor would earn a total cost incentive fee of $400,000, which is calculated as follows: $350,000 target cost incentive fee, plus $50,000 cost savings incentive fee shared by operator equals net cost incentive fee of $400,000.

Scenario #3: If the actual costs for center operations during the base period were $9,000,000, then the total underrun would be $1,000,000. Even though 50% of $1,000,000 is $500,000, the contractor would only benefit in $50,000 of the $500,000, because the maximum cost incentive fee the contractor can earn is $400,000, which is calculated as follows: $350,000 target cost incentive fee plus maximum possible incentive fee earned by achieving $50,000 of the total cost savings operator equals net cost incentive fee of $400,000.

Scenario #4: If the actual costs for center operations during the base period were $11,000,000, then the total overrun would be $1,000,000. Even though 50% of $1,000,000 is $500,000, the contractor would only share (or be responsible for absorbing) $50,000 of the $1,000,000 cost overrun, because the minimum cost incentive fee the contractor can earn is $300,000, so long as the contractor’s actual costs do not exceed the target cost by greater than 10%. The cost incentive fee is calculated as follows:

$350,000 target fee less $50,000 maximum possible cost overrun shared by operator equals net cost incentive fee of $300,000.

Scenario #5: If the actual costs for center operations during the base period were exactly $10,000,000, then the total cost incentive that the contractor would earn for the base period under operation is $350,000.

G.3.3 Billing and Payment of Fees:

Cost Incentive Fee:

The contractor will be permitted to invoice the 3.0% minimum cost incentive fee (fixed fee) on a twice a monthly basis, to be included in the invoice described in Section G.5, Invoice Requirements. On its invoice, the contractor would invoice the total minimum cost incentive fee in equal increments. For example, if the estimated cost for operations during base year 1 (a 12-month period of performance) is $12,000,000, then 3% of $12,000,000 is $360,000, and the contractor could include on each invoice 1/24th of $360,000 or $15,000.

Upon completion of the contract year, the Contracting Officer will determine the amount of cost incentive fee earned by the contractor, using the cost incentive fee calculation identified in the table above. If additional cost incentive fee is earned, above the minimum 3.0% which the contractor has already billed, the Contracting Officer will issue a bi-lateral contract modification to increase the estimated cost and funding on the contract’s cost incentive fee line. Upon receipt of the modification, the contractor would include the additional cost incentive fee earned on the next monthly invoice. If there is no additional fee earned, the Contracting Office will advise the contractor accordingly.

As stated above, the contractor’s minimum cost incentive fee of 3% may be unilaterally reduced to 0% by the Contracting Officer if the contractor’s actual costs exceed the target cost by greater than 10%. If the contractor’s cost incentive fee is reduced to 0%, the contractor shall be required to reimburse the Government for all cost incentive fee that was invoiced during the course of contract performance. This determination will be made by the Contracting Officer, upon completion of each contract year.

Technical Performance Incentive Fee:

Upon completion of the contract year, the Contracting Officer will utilize the Job Corps’ Outcome Measurement System (OMS) data to evaluate the contractor’s overall technical performance, based on achievement of Program Years’ goals, and will determine the level of technical performance incentive fee earned by the contractor. The Contracting Officer will then issue a bi-lateral contract modification to increase the estimated cost and funding on the contract’s technical performance incentive fee line if incentive fee is earned. Upon receipt of the modification, the contractor would include the technical performance incentive fee earned on the next monthly invoice. Performance Excellence Bonuses will be awarded at the end of the contract year as well. Please note that the contractor shall not invoice for any technical performance incentive fee or Performance Excellence Bonuses until the bi-lateral modification has been awarded. If there is no additional fee earned, the Contracting Office will advise the contractor accordingly.

G.4 INDIRECT COSTS

Indirect cost rates under this contract at the time of award are as follows:

Indirect Cost

Base of Allocation

Rate for each Contract Year 1 2 3 4 5

G&A

In accordance with contractor’s negotiated and approved Indirect Cost Rate Agreement, also excluding CRA, equipment, and

CTST.

Overhead �Applicable �Not Applicable

Total Direct Salaries and Wages (�including/�excluding fringe benefits)

Indirect Ceiling Rates or Ceiling Amounts - The Contracting Officer will impose the contractor’s general & administrative cost limitation (G&A ceiling) regarding the contract based on the documentation received. Please note that these “ceilings” do not exclude your organization from the responsibility of annually submitting an indirect cost rate proposal to the contractor’s Cognizant Agency of the Federal Government to establish the final, approved indirect cost rate(s). These terms and conditions in the cost principles below are applicable to all awardees receiving funds from multiple sources. Organizations receiving funds from only one source do not need an indirect cost rate (ICR) approved.

The contractor’s G&A ceiling rate is ___%.

You are governed by one of the categories of cost principles listed below. Please comply with your cost principles as appropriate to your organization:

(1) Private-for-Profit organizations - Federal Acquisition Regulation (FAR) Subparts 31 and 42.

(2) State and local governments and Indian Tribal governments - OMB Circular A-87.

(3) Educational Institutions - OMB Circulars A-21 and FAR 42.705-3.

(4) Nonprofit organizations - OMB Circular A-122.

In order to avoid major audit problems, disallowed costs, and to receive timely reimbursement of indirect costs, contractors should take those necessary steps to comply with the clause 52.242-4, Certification of Final Indirect Costs, as well as the critical timeframes for submission of indirect cost proposals.

Note that the contractor must obtain approval from the Contracting Officer to reallocate planned expenses from direct cost budget line items to the indirect cost budget line item to accommodate higher approved indirect cost rates

Support for Indirect Cost Claims

A copy of the indirect cost rate negotiation agreement will be requested to verify the rate information (rate approved, type of indirect cost rate(s) approved, and allocation base) received from the Federal cognizant agency (Federal agency providing the preponderance of direct federal funds to the organization).

For billing purposes, indirect costs shall be calculated using the approved provisional rate, until a final rate is established and retroactively applied. In the absence of an approved provisional rate, a negotiated/proposed rate shall be used.

Temporary Billing Rate (TBR) – For those contractors that do not have a federally approved indirect cost rate, the Contracting Officer may negotiates a (TBR) to allow initial indirect cost claims for the first 90 days of award.

During these 90 days, the offeror must submit an acceptable indirect cost proposal to your Federal cognizant agency to obtain a provisional indirect rate. Failure on your part to submit an indirect cost proposal within this 90 day period means that you shall not receive further reimbursement for your billing rate. Also, action may be taken to recoup all indirect costs already paid to you.

It is important to point out that all organizations are to submit a final indirect cost proposal to its Federal Cognizant agency annually and within 180 days after the end of the organization’s fiscal year.

If DOL is your Federal cognizant agency, proposals shall be sent to:

Chief, Division of Cost Determination (DCD) U.S. Department of Labor, OASAM 200 Constitution Avenue, N.W., Room S-1510 Washington, D.C. 20210 Tel. (202) 693-4100 http://www.dol.gov/oasam/programs/boc/costdeterminationguide/main.html

G.5 INVOICE REQUIREMENTS

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

Invoices shall be submitted not more frequently than twice a month and costs invoiced shall be based on guidance provided in Appendix 502 and 503 of the PRH. 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;

d. Service performance period (to and from dates);

e. Operations and/or CRA amounts requesting reimbursement during the service period; and

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

2. Contractors shall have available at all times and when requested, shall provide CORs with supporting documentation sufficient to substantiate costs incurred.

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

4. Standard Form 1034 shall be used for invoicing purposes and may be obtained at www.gsa.gov. Each invoice shall be numbered consecutively and shall include costs, G&A, fixed and incentive fees (if any) incurred for the period; along with an accompanying worksheet as backup for monthly and cumulative total costs, G&A and total cumulative fees incurred.

5. 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 formally determine whether costs are allowable, disallowable, or should be suspended is not re-delegated, but is reserved for the Contracting Officer.

G.6 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.7 STUDENT PER YEAR COST AND PER DAY COST

The Student Per Year Cost and Per Day Cost in whole dollars are as follows:

Period of Performance

Total Estimated Cost (excluding

OA, CTS, CRA,

equipment, and

CTST)

OBS

Student Per Year

Cost (Total Estimated Cost/OBS)

Student Per Day Cost (Student Per Year Cost/365*15%)

Base Period One $

Base Period Two $

Option One $

Option Two $

Option Three $

Average $

G.8 DAMAGES FOR FAILURE TO COMPLY WITH REGULATIONS FOR SEPARATING

STUDENTS/ISSUING LEAVES

The contractor agrees to comply with the current requirements for separating students from the program, to prevent artificially extending enrollment in violation of Job Corps requirements, and/or authorizing Invalid Leave Days. The contractor agrees further that the refundable cost to the Government for each day a student is improperly retained (counted in the reported on-board strength), or granted invalid leave, is 15% of the Student Per Day Cost. This amount is identified for each contract year in Section G.7 of this contract, Student Per Year Cost and Per Day Cost. This “Per Day Cost” is then multiplied by the total number of Invalid Days.

If the annual student cost is not stated for any given year, it shall be computed by dividing the total contract amount for the year by the total planned average on-board strength.

Please note that this clause is also applicable to circumstances where the contractor fails to properly separate a student from the program as a result of student misconduct.

G.10 LIQUIDATED DAMAGES FOR MISREPORTED ACADEMIC AND CAREER

TECHNICAL TRAINING CREDITS

The contractor shall be held liable for any and all Academic (HSE /HSD) or Career Technical Training Completion credits that are determined to be invalid. The contractor shall be required to reimburse the government $200 for each misreported HSE /HSD, $500 for each misreported Career Technical Completion and $1,000 for each combination. Disallowed credit as part of a combination = $300 incentive + amount for disallowed credit ($200 or $500, as applicable).

G.11 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:

52.203-8 (Jan-97) Cancellation, Rescission, and Recovery of Funds for Illegal or

Improper Activity

52.203-10 (Jan-97) Price or Fee Adjustment for Illegal or Improper Activity

2. Staff Salary Structure and Compensation Plan

Total Compensation Plan

This plan shall include a description of salaries and fringe benefits, and any bonuses, monetary awards, and other contingent payment plans for all staff charged directly to this contract. The narrative must explain the policy under which these payments will be dispersed.

Offerors shall justify proposed salary levels using prevailing wage rate data from the local labor market, the National Job Corps Staff Compensation data as described below, or a combination of both.

Offerors may propose adjustments to staff compensation expense due to vacancy savings, overtime expense, night differentials, holiday differentials and other factors.

In developing staff compensation plans, offerors shall give consideration to the National Job Corps Staff Compensation Report (Attachment J-13). This table reflects independent, expert advice that has been given to the U.S. Department of Labor concerning the average salary levels that would be competitive within the local labor market. The data in the table that is attached to this RFP has been adjusted for inflation to reflect salary levels that will be appropriate at the beginning of the contract performance period, and to reflect labor cost conditions in the center’s locality. The amounts shown on the table reflect the average annual salary ranges for each category of position along with an allowance for employer paid fringe benefits equaling 24.8% of base salary costs.

Staff Salaries

This shall include a description of the offeror’s staff salaries including annual salary ranges for each position.

The National Job Corps Staff Compensation Report (Attachment J-13) organizes data to reflect most of the job categories typically employed at Job Corps centers.

Staffing Chart

The Offeror shall include a completed Staffing Chart that will indicate the number of staff for each center function. (Attachment J-4), which shall also be included in the Staff Resources Proposal. Please submit a completed Attachment J.4 in hard copy as well as on CD using EXCEL 2007 or earlier version

1. In Section L.6.I.5.1. Business Management Data, one of the bullet points states: ‘Offeror shall describe any non-Federal resources that will be utilized in the operation of this Job Corps center.’ What is meant by ‘non-Federal resources’ and can you provide examples of items that should be included in response to this bullet point? The list could include such items as: donated equipment and supplies, State funding/grants for various programs

A: Non-Federal resources is defined as any resources other than from the Federal government. Example could include: Any state funding or grants, any cooperative agreements with state or local agencies where billable time can be charged to the federal government, etc.

2. In Section L.6.I.5.1. Business Management Data, please confirm this is a business licenses. Additionally, please explain what “proof” is required to substantiate the ability to obtain a license in a proposed state. Particularly when a contractor is submitting a proposal for a center in a state where the contractor is not currently operating, will providing the listing of the state’s requirements and how an offeror can satisfy the requirements be sufficient or will providing the results from an on-line business search that does not show any restrictions for the offeror be sufficient? If neither of the aforementioned satisfies the “proof” requirement can you please provide examples.

A: Proof shall consist of a completed, but not submitted, application for an applicable business license in compliance with the state, county, and local laws established for the operation of the specific business type the operation of this center falls under.

3. In Section L.6.I.5.2. Staff Salary Structure and Compensation Plan it seems the subcategories have been misnumbered. As the language didn’t change from previous versions of the RFP, it seems the subcategories for the above mentioned subsection should be: Total Compensation Plan, Staff Salaries, Staffing Chart. This would enable the annual salary ranges (i.e. structures) and staffing chart to be under the L.6.I.5.2. Staff Salary Structure and Compensation Plan section.

A: See Amendment 0003

4. A new section would then begin titled, L.6.I.5.3. Pricing Schedule and Cost Detail. This would be consistent with previous versions of the RFP.

A: See Amendment 0003

5. Is the ordering for this BMP the new standard that we can expect for future RFP’s or will we see the above mentioned changes be made?

A: This RFP currently reflects the needs of the government for the operation of the Turner Job Corps Center.

6. Reference L.6.H Proposal Format: Please clarify if the Technical Approach, Staff Resources, Relevant Experience Narrative, Past Performance, and Business Management Proposal sections are all to be bound separately.

A: The offeror shall submit 2 volumes

Volume 1: Technical Approach, Staff Resources, Relevant Experience Narrative, Past Performance

Volume 2: Business Management Proposal

7. Reference I.4 Past Performance: It appears that, for this section, the Government will use the PPIRS-RC system to retrieve qualitative assessments for the prime Offeror, and contractor past performance will be based on data from PPIRS-RC. Please clarify what the Offeror is to submit in response to this Past Performance section, considering there is a 20-page limit given per reference L.6.H.

A: Per the RFP Past Performance Questionnaires: For Offerors who have no reported past performance Offerors must complete Section A of Attachment J-7, Performance Confirmation Questionnaire, for each relevant past performance reference identified above, which is not readily available in the Past Performance Information Retrieval System (PPIRS). The Offeror must forward this questionnaire to the Government agency or company listed as a reference and request that the Relevant Past Performance evaluation be completed for Sections B-F of Attachment J. Each agency/company evaluator must return the questionnaire directly to the Contracting Officer and Contracting Specialist identified in this Solicitation.

8. In Section L.6.I.5.1. Business Management Data, please clarify/confirm if this requirement is for a state registration or a city business license. Corporations are “registered” at a state level, and business licenses are issued by cities/counties. Typically state registrations are done after award of a contract. Additionally, city licenses cannot be obtained prior to having an identified company business location and presence in the city. Please explain what “proof” is required to satisfy this requirement for the proposal. As referenced below in WIOA, although this assurance is listed as an additional selection factor, the clause states the items may be obtained “at such time and in such manner as the Secretary may require.” Is this proof of registration/license something that would be obtained and verified within 30 days after award, possibly during the transition period?

A: See Answer #2

9. Please provide a vehicle listing for the Turner Job Corps Center.

A: See Amendment 0003

10. Amendment #2 states: Offeror shall provide proof that it is able to obtain a license to operate in the State in which the center is located within 30 days of contract award. Please clarify what proof is acceptable to the Government.

A: See Answer #2

11. The second bullet in Technical Approach question 1 states “a description of how the program design and delivery will prepare students for success in secondary and post-secondary options, including apprenticeships.” Please clarify the term “secondary and post-secondary options.”

A: Secondary is defined as last 4 years of statutory formal education. Generally grades 9 to 12. Post-secondary is defined as any educational level beyond high school.

12. The Proposal Format Chart indicates a 20 page limit for Offerors’s Relevant Experience and a 20 page limit for Past Performance. The Offerors Relevant Experience section appears to replace the Past Performance narrative from the original RFP. Is that correct? With respect to Past Performance, in addition to OMS performance, what other Past Performance activities should be described in its 20 page narrative?

A: The Past Performance section shall include information for the prime and any subcontractors that will perform major or critical aspects of the requirement as follows:

1) Current/Recent Contracts: Offerors must provide a list of contracts and programs that they currently operate or have operated within the past three years. The list must include the following information (NOTE: this list is not included in the 20 page limit):

· Contract number

· Contracting agency/entity

· Agency Contact information

· Period of performance

· Contract value

· Description of service provided

2) Narrative: Offerors may submit up to 20 pages of information for consideration, which describes:

a. A record of effectiveness in placing at-risk youth into employment and postsecondary education, which may include Relevant Experience of operating a Job Corps center or other relevant experience operating an at-risk youth program, and demonstrated effectiveness in assisting individuals in achieving the indicators of performance for eligible youth described in the Workforce Innovation and Opportunity Act (WIOA) section 116(b)(2)(A)(ii) or similar measures related to credential attainment, placement in employment, or post-secondary education, and earnings;

b. A record of successfully assisting at-risk youth to connect to the workforce, including providing youth with intensive academics and career and technical education and training;

c. The demonstrated ability to offer career and technical education and training and the degree to which such education and training reflects employment opportunities in the local areas in which enrollees at the center intend to seek employment;

d. The demonstrated ability to implement an effective behavior management system and maintain a safe and secure learning and residential living environment for youth between the ages of 16 and 24;

e. Problems encountered and corrective actions taken on contracts within the past three (3) years;

f. Any reports involving the Offeror developed by the Office of Inspector General of the Department of Labor;

g. Effectiveness in developing relationships with State boards, local boards, applicable one-stop centers, employers, labor organizations, State and local educational agencies, and the surrounding communities in which the center is located; and

h. A history of strong fiscal controls to ensure proper accounting of funds, particularly any history of ensuring proper accounting of Federal funds; and

i. Experience in complying with subcontracting plan goals for small disadvantaged business (SDB) concerns, monetary targets for SDB participation, and notifications submitted under FAR part 19.1202-4(b), if applicable.

13. The Past Performance proposal content indicates that “Contractors can obtain access to their PPIRS through the System for Award Management.” When we attempted to access the PPIRS through SAM, we received notification from SAM’s Federal Service Desk of SAM that “PPIRS cannot be accessed through the SAM system.” Please provide guidance as to how to access PPIRS.

A: Contractors may view only their own data. A contractor must be registered in the "System for Award Management" (SAM) system and must have created a Marketing Partner Identification Number (MPIN) in the SAM profile to access their PPIRS information. DUNS and MPIN become User ID and Password at https://www.ppirs.gov.

14. Amendment 2 requires Sections to be bound separately, yet states that the Technical Approach, Staff Resources and Relevant Experience Narrative sections be shall be in the same binder. Please clarify

A: See Answer #6

15. Please clarify if the RFP is requiring hard copies to be submitted with the proposal submission. It appears to be redundant to submit since the PPIRS-RC system is the government's system. 5 cpers for a prime and 5 cpers for a partner exceeds the page limitation.

A: The RFP does not require hard copies of CPARS or PPIRS-RC entries.

16. In regards to the Turner Youth Challenge MOU

1. How many students are currently enrolled in the Youth Challenge Program?

2. What specific training program(s) are offered through the Youth Challenge Program?

3. Are the Youth Challenge students residential or non-residential?

4. Are the Youth Challenge students included in the 732 OBS for Turner?

5. Should the offeror budget for this program?