Solicitation.docx

MODEL CENTER WRITTEN TECHNICAL RFP

SOLICITATION NUMBER: DOL-ETA-16-R-00067 Job Corps Outreach/Admissions in Arizona

OF PAGES

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15-ETA-OJC-OSNF-0044

U.S. Department of Labor / Employment and Training Administration 90 7th Street, Suite 18-300, San Francisco, CA 94103

SOLICITATION

9. Offers in original and copies for furnishing the supplies or services in the Schedule will be received at the place in the depository specified in

Item 8, or if hand-carried located in

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

11. TABLE OF CONTENTS

PART I - THE SCHEDULE

PART II - CONTRACT CLAUSES

PART III - LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS

PART IV - REPRESENTATIONS AND INSTRUCTIONS

OTHER STATEMENTS OF OFFERORS

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.

(The Offeror acknowledges receipt of amendments to the SOLICITATION for Offerors and related documents numbered and dated)

15A. NAME

AND

DUNS No.

16. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER(Type or print)

15B. TELEPHONE NO. (Include area code)

15C. CHECK IF REMITTANCE ADDRESS

IS DIFFERENT FROM ABOVE - ENTER

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED

20. AMOUNT

21. ACCOUNTING AND APPROPRIATION DATA

TABLE OF CONTENTS

PART I: THE SCHEDULE

PART II: CONTRACT CLAUSES

I. Contract Clauses and Provisions 36

PART III: LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS

J. List of Attachments 47

PART IV: REPRESENTATIONS AND INSTRUCTIONS

L. Instructions, Conditions, and Notices to Offerors or Respondents 82

M. Evaluation Factors for Award 97

SECTION B SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 BACKGROUND

The U. S. Department of Labor, Job Corps, has a requirement for providing Outreach/Admissions in the state of Arizona. (This is an 8(a) small business set-aside procurement.)

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 Arizona and shall ensure the arrival of a minimum of 1056 students into the Job Corps program annually for residential male and female students, and non-residential male and female students.

All operations, services and deliverables under these items shall be provided as specified in Sections C and F of this document.

B.2 PRICING SCHEDULE

The amount to be reimbursed to the contractor for purchased Government Furnished Property (as defined in PRH Appendix 505, 505a, 505b, and ETA Property Management Handbook, Issue 359, including revisions and amendments thereto), is provided in the pricing schedule below.

COST

FUNDS[footnoteRef:1] OBLIGATED [1: Funds obligated will be provided by the Contracting Officer in the resulting contract. ]

FUNDING[footnoteRef:2] THROUGH [2: Funding through will be identified by the Contracting Officer in the resulting contract.]

Period of Performance ( Transition-in):

COST

Period of Performance ( Base Period):

Period of Performance ( Option 1):

Period of Performance ( Option 2 ):

Period of Performance ( Option 3 ):

Transition-out[footnoteRef:4] [4: Transition-out shall be provided by offerors as directed in Section L.6, Instructions for Proposal Submission. However, the costs of the Transition-out will not be a part of the offeror’s evaluated cost for the purpose of the Government’s Best Value, Trade-off determination. ]

NOT TO EXCEED LINE ITEMS[footnoteRef:5] [5: Not to Exceed amounts will be provided at the time of award by the Contracting Officer and will not be a part of the offeror’s evaluated cost for the purpose of the Government’s Best Value, Trade-off determination. ]

Period of Performance – Entire Length of the Contract

LINE ITEM

(CLIN)

(NTE Ceiling – Funds Obligated)

The above NTE amounts are for the total of the 5-year contract period, to include a possible six months under FAR 52.217-8, Option to Extend Services.

Further, there shall be no fixed fee or incentive fee based on work involved with capital line items, which consists of work or purchases funded under the Equipment category listed above. Indirect cost charges shall not be allowed for or based on Equipment unless authorized by the Contracting Officer.

SECTION C. STATEMENT OF WORK

SECTION C. STATEMENT OF WORK

INTRODUCTION

This Statement of Work sets forth the contract performance requirements for the provision of Outreach and Admissions.

C.1 GENERAL

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 Workforce Innovation and Opportunity Act (WIOA) of 2014.

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 program as set forth in Workforce Innovation and Opportunity Act (WIOA) 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 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.2 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 Fred G. Acosta and Phoenix Job Corps Centers at average on-board strength of 100% of the design capacity, in accordance with the delivery schedule in Section F.

Annual arrival goals are as follows:

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: not applicable to this solicitation and resulting contract.

C. Management

The contractor shall provide direction, management and administrative support to all functions and activities of outreach/admissions. 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 possesses 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.]

SECTION E. INSPECTION AND ACCEPTANCE

E.1 NOTICE LISTING CONTRACT CLAUSES INCORPROATED 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

52.246-5 INSPECTION OF SERVICES--COST-REIMBURSEMENT APR 1984

E.2 INSPECTION AND EVALUATION

All inspections and evaluations shall be performed in such a manner as to not unduly delay the contractor's work.

Inspection and acceptance of the work called for under this contract shall be made by the Contracting Officer’s Representative (COR) at the contractor's offices, the Job Corps Center, or the U.S. Department of Labor, Employment & Training Administration, as applicable.

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.

NUMBER TITLE DATE

F.2 TYPE OF CONTRACT

This is a cost plus incentive fee contract.

F.3 PERIOD OF PERFORMANCE

Transition: if appropriate, for the purpose of assuming the responsibility of OA/CTS operations, the contractor shall perform necessary transition functions during the transition period of November 1, 2016 through November 30, 2016.

Outreach/Admissions (O/A): O/A shall commence on December 1, 2016, and the contractor shall operate Outreach/Admissions for a base period of two years with three one-year option periods. Therefore, the base period of performance is December 1, 2016 through November 30, 2018.

F.4 PLACE OF PERFORMANCE

The contractor shall perform Job Corps Outreach/Admissions in Arizona.

F.5 DELIVERABLES

The contractor shall deliver all program and reporting requirements as defined in the Program Requirements Handbook.

In addition to those deliverables required in the Program Requirements Handbook, the contractor shall adhere to the following input schedule: X Applicable Not Applicable

SOLICITATION NUMBER: Job Corps Center RFP

SOLICITATION NUMBER: DOL-ETA-16-R-00067 Job Corps Outreach/Admissions in Arizona

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 Outreach/Admissions (OA) 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 (CLIN 5001), equipment (CLIN 5002), CTST (CLIN 5003), and demonstration projects (5004).

Annually, the Employment & Training Administration, Office of Job Corps, 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 Office of 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 equal to 10% of the maximum total of the minimum cost incentive fee (2.0%) + technical performance incentive fee (2.4%). 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 Outreach/Admissions shall be as follows:

The technical performance incentive fees for OA shall be as follows:

Outreach/Admissions (OA):

(2.0%) Minimum Technical Performance Incentive Fee (0%) Average Technical Performance Incentive Fee (1.2%) Maximum Technical Performance Incentive Fee (2.4%) Maximum Technical Performance Excellence Bonus (.44%)

SOLICITATION NUMBER: DOL-ETA-16-R-00067 Job Corps Outreach/Admissions in Arizona

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 2.0% to 3.6% of total direct and indirect costs, excluding CRA (CLIN 5001), equipment (CLIN 5002), CTST (CLIN 5003), and demonstration projects (5004). However, the contractor’s minimum cost incentive fee of 2% 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:

Base Year Two:

Option Year One:

Option Year Two:

Option Year Three:

Base Year Two:

Option Year One:

Option Year Two:

Option Year Three:

Minimum Cost Incentive Fee

Minimum Cost Incentive Fee = 2.0% of total direct and indirect costs, excluding fees, CRA (CLIN 5001), equipment (CLIN 5002), CTST (CLIN 5003), and demonstration projects (5004).

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 2% 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 = 3.6% of total direct and indirect costs, excluding fees, CRA (CLIN 5001), equipment (CLIN 5002), CTST (CLIN 5003), and demonstration projects (5004).

Base Year One:

Base Year Two:

Option Year One:

Option Year Two:

Option Year Three:

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 2.8% of total direct and indirect costs, excluding fees, CRA (CLIN 5001), equipment (CLIN 5002), CTST (CLIN 5003), and demonstration projects (5004).

Base Year One:

Base Year Two:

Option Year One:

Cost Overrun and Cost Underrun variances A cost overrun variance occurs when actual cost is more than the budgeted cost in a given contract year.

A cost underrun variance occurs when actual 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 = 20% Government / 80% Contractor

Benefit Ratio for cost underruns = 80% Government / 20% 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 2.0% of total direct and indirect costs (minimum cost incentive fee) and not more than 3.6% of total direct and indirect costs (maximum cost incentive fee). Contractor’s minimum cost incentive fee of 2% 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 $200,000. The maximum cost incentive fee that the contractor could earn for operations is $360,000. The target cost incentive fee that the contractor could earn for operations is $280,000.

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 80% of that $100,000 overrun or $80,000. The Government would share in 20% or $20,000 of the overrun. Therefore, the contractor would earn a total cost incentive fee of $200,000, which is calculated as follows: $280,000 target cost less $80,000 cost overrun shared by operator equals net cost incentive fee of $200,000.

Scenario #2: If the actual costs for center operations during the base period were $9,900,000, then the contractor would benefit in 20% of the $100,000 underrun or $20,000. The Government would benefit 80% or $80,000 as a result of the underrun or cost savings. Therefore, the contractor would earn a total cost incentive fee of $300,000, which is calculated as follows: $280,000 target cost plus $20,000 cost savings shared by operator equals net cost incentive fee of $300,000.

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 20% of $1,000,000 is $200,000, the contractor would only benefit in $80,000 of the $200,000, because the maximum cost incentive fee the contractor can earn is $360,000, which is calculated as follows: $280,000 target cost plus maximum possible $80,000 cost savings shared by operator equals net cost incentive fee of $360,000.

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 80% of $1,000,000 is $800,000, the contractor would only share (or be responsible for absorbing) $80,000 of the $1,000,000 cost overrun, because the minimum cost incentive fee the contractor can earn is $200,000, 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: $280,000 target fee less $80,000 maximum possible cost overrun shared by operator equals net cost incentive fee of $200,000.

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 $280,000.

G.3.3 Billing and Payment of Fees:

Cost Incentive Fee:

The contractor will be permitted to invoice the 2.0% 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 2% of $12,000,000 is $240,000, and the contractor could include on each invoice 1/24th of $240,000 or $10,000.

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 2.0% 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 2% 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 Office of 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

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 for each related center 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%)

G.8 LIQUID

G.8 LIQUIDATED DAMAGES FOR INELIGIBLE ENROLLMENT

PLEASE NOTE THAT THIS CLAUSE ONLY APPLIES TO CONTRACTS WITH AN OUTREACH AND ADMISSIONS COMPONENT.

The contractor agrees to comply with the current requirements for eligible enrollments. The contractor agrees that it will refund the Government for costs associated with an ineligible enrollment, which may include the cost to the Government for each day a student is improperly enrolled in the program (counted in the reported on-board strength). The contractor agrees further that the refundable cost to the Government for each day a student was improperly present in the program (counted in the reported on-board strength), is 15% of the Student Per Day Cost. This “Per Day Cost” is then multiplied by the total number of days in which the ineligible student was in the program.

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.

G.9 LIQUIDATED DAMAGES FOR PLACEMENTS FOUND TO BE INVALID

PLEASE NOTE THAT THIS CLAUSE ONLY APPLIES TO CONTRACTS WITH A CAREER TRANSITION SERVICES COMPONENT

The contractor shall be held financially responsible for the costs associated with placements found to be invalid, and shall be required to reimburse the Government in the amount of $750 per invalid placement.

G.10 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:

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 subcontracts hereunder are 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: http://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); and (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 that 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.

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. Contractor shall include the applicable Davis Bacon Wage Determination in subcontracts that utilize CRA funding for construction that is substantial and segregated (FAR Part 22.402) and classified as construction subject to Davis Bacon as defined in FAR 52.222-6. Contracts shall also ensure that they are incorporating the prevailing Davis Bacon Wage Determination as of the day that the subcontract is awarded. See attachment J.17 for the Davis Bacon Wage Determination that is applicable to the center as of the day that the contract is awarded.

H.7 SERVICE CONTRACT ACT OF 1965, AS AMENDED

A. The Service Contract Act of 1965 is not applicable to contracts for the operation and management of Job Corps centers. However, subcontracts awarded by contractors operating and managing Job Corps centers are subject to the Act to the same extent and under the same conditions as contracts made directly by the U.S. Department of Labor. Employees of the prime contractor who perform Outreach and Admissions and/or Career Transition Services are also exempt from the Service Contract Act.

B. Subcontracts awarded by contractors operating and managing Job Corps centers shall include FAR clause 52.222-41, in FAR 22.10, with such modifications as would otherwise be inappropriate had the clause been included in the prime contract.

C. In order that the requirements of FAR 22.10 may be complied with, the contractor shall notify the Contracting Officer not less than 45 days prior to issue of any invitation for bids or requests for proposals, or commencement of negotiations for any subcontract exceeding $2,500, which may be subject to the Act.

D. The U.S. Department of Labor is responsible for obtaining prevailing wage rates for service-type subcontracts and shall make applicable wage rates a part of this contract.

E. 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 NONDISPLACEMENT OF QUALIFIED WORKERS UNDER SERVICE CONTRACTS (EXECUTIVE ORDER 13495 - JANUARY 30, 2009)

A. Consistent with the efficient performance of this contract, the contractor and its subcontractors shall, except as otherwise provided herein, in good faith offer those employees (other than managerial and supervisory employees) employed under the predecessor contract whose employment will be terminated as a result of award of this contract or the expiration of the contract under which the employees were hired, a right of first refusal of employment under this contract in positions for which employees are qualified. The contractor and its subcontractors shall determine the number of employees necessary for efficient performance of this contract and may elect to employ fewer employees than the predecessor contractor employed in connection with performance of the work. Except as provided in paragraph (b), there shall be no employment opening under this contract, and the contractor and any subcontractors shall not offer employment under this contract, to any person prior to having complied fully with this obligation. The contractor and its subcontractors shall make an express offer of employment to each employee as provided herein and shall state the time within which the employee must accept such offer, but in no case shall the period within which the employee must accept the offer of employment be less than 10 days.

B. Notwithstanding the obligation under paragraph (a) above, the contractor and any subcontractors: (1) may employ under this contract any employee who has worked for the contractor or subcontractor for at least 3 months immediately preceding the commencement of this contract and who would otherwise face lay-off or discharge; (2) are not required to offer a right of first refusal to any employee(s) of the predecessor contractor who are not service employees within the meaning of the Service Contract Act of 1965, as amended, 41 U.S.C. 357(b); and (3) are not required to offer a right of first refusal to any employee(s) of the predecessor contractor whom the contractor or any of its subcontractors reasonably believes, based on the particular employee's past performance, has failed to perform suitably on the job.

C. In accordance with Federal Acquisition Regulation 52.222–41(n), the contractor shall, not less than 10 days before completion of this contract, furnish the Contracting Officer a certified list of the names of all service employees working under this contract and its subcontracts during the last month of contract performance. The list shall also contain anniversary dates of employment of each service employee under this contract and its predecessor contracts either with the current or predecessor contractors or their subcontractors. The Contracting Officer will provide the list to the successor contractor, and the list shall be provided on request to employees or their representatives.

D. If it is determined, pursuant to regulations issued by the Secretary of Labor (Secretary), that the contractor or its subcontractors are not in compliance with the requirements of this clause or any regulation or order of the Secretary, appropriate sanctions may be imposed and remedies invoked against the contractor or its subcontractors, as provided in Executive Order No.13495, the regulations, and relevant orders of the Secretary, or as otherwise provided by law.

E. In every subcontract entered into in order to perform services under this contract, the contractor will include provisions that ensure that each subcontractor will honor the requirements of paragraphs (a) through (b) with respect to the employees of a predecessor subcontractor or subcontractors working under this contract, as well as of a predecessor contractor and its subcontractors. The subcontract shall also include provisions to ensure that the subcontractor will provide the contractor with the information about the employees of the subcontractor needed by the contractor to comply with paragraph 5(c), above. The contractor will take such action with respect to any such subcontract as may be directed by the Secretary as a means of enforcing such provisions, including the imposition of sanctions for noncompliance, provided, however, that if the contractor, as a result of such direction, becomes involved in litigation with a subcontractor, or is threatened with such involvement, the contractor may request that the United States enter into such litigation to protect the interests of the United States.