Amendment 2.doc

SOLICITATION, OFFER AND AWARD

AMENDMENT #2 To The Hartford Job Corps Center Solicitation 1.

THIS CONTRACT IS A RATED ORDER

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Yes FORMCHECKBOX No

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YES

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US DOL ~ OASAM

JFK Federal Building

25 New Sudbury Street, Suite E-215

Boston, Massachusetts 02203

Same

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

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

CALL:

Binh Kha

646-264-5054

11. TABLE OF CONTENTS

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PART III - LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACH.

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PART IV - REPRESENTATIONS AND INSTRUCTIONS

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OTHER STATEMENTS OF OFFERORS

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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.

13.

DISCOUNT FOR PROMPT PAYMENT

(See Section I, Clause No. 3.3.1-6)

documents numbered and dated)

15A.

NAME

16.

NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER

AND

ADDRESS

OF

OFFEROR

15B.

TELEPHONE NO. (Include area code)

15C.

CHECK IF REMITTANCE ADDRESS

IS DIFFERENT FROM ABOVE – ENTER

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SUCH ADDRESS IN SCHEDULE

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED

20. AMOUNT

21. ACCOUNTING AND APPROPRIATION DATA

SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM

E. Thomas Pendleton

Amendment to RFP DOLJ08RFP00004

December 15, 2008

Hartford JCC

Hartford Job Corps Center

RFP: DOLJ08RFP00004

RFP #DOLJ08RFP00004 is changed to reflect the following:

In section G.1A the following language is included to reflect Not to Exceed Limits in the areas of Construction and Rehabilitation, Equipment, GSA Vechicles and VST.

Construction/Rehab is estimated at not to exceed $3,087,736 for the life of the contract.

Equipment is estimated at not to exceed $128,640 for the life of the contract.

GSA Vehicle Rental is estimated at not to exceed $197,847 for the life of the contract.

VST is estimated at not to exceed $N/A for the life of the contract.

SECTION G. CONTRACT ADMINISTRATION DATA

G.1

FUNDING AND FINANCIAL ADMINISTRATION

Payment of the contractor's cost shall be made in accordance with Part II, Contract Clauses, and Parts C and D below.

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 Executive Level I ($191,300 per year.) Proration means that the amount charged for a less than full-time employee cannot exceed an annualized rate of $191,300. 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 for which the contractor shall be reimbursed for construction and rehabilitation of Center facilities is given in Part A below. This amount shall be operative under this contract until such time as the Government may incrementally increase it.

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 ET contractors, including revisions and amendments thereto), is given in Parts A and B below. This amount shall be operative under this contract until such time as the Government may incrementally increase it.

The contractor agrees that the costs generated under rehabilitation and equipment shall be maintained in a separate accounting classification to be entitled "Center Facilities and Equipment Accounts," as outlined in PRH, Chapter 5 and Appendix 502.

The Government and the contractor recognize that the estimated costs provided for in each of the two years of the initial contract period and in each of the option periods are solely for the individual periods designated and are not considered to be a cumulative amount. Therefore, if the contractor does not require the estimated costs for each designated contract period to meet the requirements of the contract, the Government reserves the right to reduce the estimated amount for that period to the amount of funds actually required for that period. This action shall generally take place after the completion of the designated period and the adjustment shall be applied to the total current estimated value of the contract, but it may take place more frequently, as warranted.

Estimated Cost, Fixed & Incentive Fee The total estimated cost, fixed and incentive fees for this contract are as follows:

Total Estimated Cost (d+i+m+q):

Further, there shall be no fixed or incentive fee based on work involved with capital effort, which consists of work or purchases funded under the Construction/Rehab, Equipment, GSA Vehicle Rental, and VST categories listed above. There shall be no increase in fixed fee unless there is an increase in the level of effort approved by the Contracting Officer. Indirect cost charges shall not be allowed for or based on Construction/Rehab, Equipment, GSA Vehicle Rental, or VST costs.

Construction/Rehab is estimated at not to exceed $3,087,736 for the life of the contract.

Equipment is estimated at not to exceed $128,640 for the life of the contract.

GSA Vehicle Rental is estimated at not to exceed $197,847 for the life of the contract.

VST is estimated at not to exceed $N/A for the life of the contract.

Estimated Average Operating Costs:

Estimated Average Cumulative Student Year Cost: $

Summary of Funds Available The sum presently available for payment and allotted to this contract is noted in the table below:

Operations (Operations, Fixed & Incentive Fee)

It is estimated that the above-listed available operations funds shall cover the period through . Construction, rehabilitation, and equipment funds are allotted for the term of this contract. The fixed and incentive fees shall be paid out of the operations, outreach/admissions, and/or career transition services funds.

Payment and Payment Due Date Allowable Costs

In accordance with Clause 52.216-7, “Allowable Costs and Payment,” the contractor shall be reimbursed for allowable, allocable costs incurred in performance of the work under this contract. In addition to reimbursements for direct costs incurred, the contractor shall be reimbursed for indirect costs in accordance with the FAR 42.7, “Indirect Cost Rates.” Indirect Cost Rates shall be negotiated by the Department of Labor’s Office of Cost Determination or other cognizant audit agency.

Indirect Costs applicable to this contract shall be calculated by applying a provisional, negotiated, or proposed rate to bases as shown below:

Overhead Applicable

Not Applicable Total Direct Salaries and Wages (including/excluding fringe benefits)

Total Indirect Cost

For billing purposes, costs shall be calculated using the approved provisional rate as shown above, until a final rate is established. In the absence of an approved provisional rate, a negotiated/proposed rate shall be used.

In no event shall the reimbursement for G&A and overhead exceed the following ceiling rates: G&A %, Overhead %

When final G&A and overhead rates are established, the total amount of Indirect Costs payable under this contract shall be determined by multiplying the final rate, or ceiling rate, whichever is lower, by the total amount of allowable costs incurred for Center operations, outreach/ admissions and career transition services. The total amount billed shall then be subtracted from this figure to determine the amount of G&A and overhead expense due to the contractor, or refund due to the Government in the event that the amount billed exceeds the total amount payable under the contract.

2. Incentive Fee Under the terms of this cost plus incentive fee contract, the contractor shall be paid a base fixed fee for center operations and, if applicable, for Outreach/Admissions and Career Transition Services. The contractor shall have the opportunity to earn an incentive fee and a performance excellence bonus for center operations, OA and CTS performance based on achievement of goals. For purposes of this contract, the contractor’s performance and the amount of incentive fee earned shall be determined annually at the close of the contract year, based on achievement of goals within Job Corps’ Outcome Measurement System.

Annually, the Director of Job Corps will establish a performance range for the upcoming Program Year. The performance range will identify maximum and minimum incentive fee payment points as follows:

Maximum:

level at which the contractor receives the maximum available incentive fee payment.

Minimum:

level below which the contractor receives no incentive fee payment

Incremental incentive fee payment points will be established for each level of OMS performance (to one decimal point) within the established performance range.

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 Performance Excellence Bonus. The bonus will be awarded for performance up to 10 OMS points above the top of the National Performance Range.

Performance ranges may fluctuate from year to year based on performance history for the preceding year. The 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.

Under the terms of this contract, fixed and incentive fees for Center Operations shall be as follows:

(Invoicing Level)

$0

$0

$0

$0

$0

Under the terms of this contract, fixed and incentive fees for OA and CTS shall be as follows:

Outreach/Admissions

(Invoicing Level)

$0

$0

$0

$0

$0

Career Transition Services

(Invoicing Level)

$0

$0

$0

$0

$0

Payment Due Date--Payments under this contract shall be due on the 30th calendar day after the date of actual receipt of a proper invoice in the office designated to receive the invoice. A proper invoice is defined in E below. All payments shall be made using Electronic Funds Transfer.

Prompt Payment

The Prompt Payment Act, Public Law 97-177 (96 Stat. 85, 31 USC 1801), is applicable to payments under this contract and requires the payment to contractors of interest on overdue payments and improperly taken discounts. Determinations of interest due shall be made in accordance with the provisions of the Prompt Payment Act and Office of Management and Budget Circular A-125.

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:

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

Withholdings not specifically provided for by this contract; and

The recovery of overpayments.

Invoice Requirements

The contractor shall submit the original, plus two (2) copies, of the invoice claiming reimbursement for costs for provisional payment directly to the COTR for certification and forwarding to the cognizant payment office.

For incentive fee, the contractor shall invoice the government at an amount equal to the incentive fee that would be earned for performance at the midpoint of the established performance range. At the end of the contract year, the Contracting Officer shall evaluate performance in accordance with the incentive fee performance range, and shall adjust (add or reduce) the incentive fee paid to the level earned by the contractor. In addition, Performance Excellence Bonuses will be awarded at the end of the contract year, along with other incentive fees earned by the contractor.

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

Name of the business concern or agency preparing invoice;

Date invoice is prepared;

Contract number; and

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

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

Standard Form 1034 shall be used for invoicing purposes and may be obtained from the GSA Regional Office. Each invoice shall be numbered consecutively and shall include costs, G&A, overhead, fixed and incentive fee incurred for the current period; and a report reflecting the cumulative total costs, G&A, overhead, and total cumulative fixed and incentive fee incurred.

For the purpose of this contract the COTR is hereby designated the authorized representative for the Contracting Officer for processing provisional payment of invoices, cost contractor's invoices, cost contractor's detailed statement of costs, per the provisions of Clause 52.216-07, Allowable Cost and Payment, 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 redelegated, but is reserved for the Contracting Officer.

G.2

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.3 OPTION YEAR COSTS

The contractor agrees that the estimated costs for operating the Job Corps Center and for providing outreach/admissions and/or career transition services (if applicable) in each of the option years shall be based on the agreed-to budget for ongoing expense in the preceding year, with an appropriate adjustment for price inflation using the same inflationary factor that is reflected in the Congressional Job Corps appropriation for the budget or program year in which the option year begins. The amounts shown in the Option Year budget table provided below are therefore considered provisional, except that the fixed and incentive fee amounts are considered final unless changed by subsequent bilateral contract modification.

Estimated Cost, Fixed and Incentive Fee

G.4

OPTIONS

Contract Terms and Conditions for Options The Contracting Officer shall analyze the option year cost in relation to the current market price in deciding whether to exercise the option. In addition, factors to be considered by the Contracting Officer in the awarding of the option include the contractor's performance compared to performance standards established by the Director of Job Corps, and the contractor's performance in terms of compliance and qualitative assessments.

In addition, there may be other factors impacting on the option year decision. These include other terms and conditions of the contract, fair market value of similar contracts, the necessity of reducing disruptions to operations, innovations, corporate support, audit results, special review findings, other sources regarding compliance with this contract, as well as DOL administrative considerations.

If consideration and analysis of the above factors indicate a new contract is most advantageous to the Government, the option shall not be exercised. If the analysis of the above factors results in a favorable determination that is advantageous to the Government, the option may be exercised.

Request for Change In Option Price If, after exercise of the option, the contractor has reason to believe the total cost to the Government shall exceed the estimated cost as stated in the option, the contractor shall notify the Contracting Officer in accordance with Clause 52.232-22, Limitation of Funds. If the Contracting Officer determines that an increase in the option year price is required, and is not caused by a change in the scope of work, such price increase, if made, shall not include an increase in fee. If the price increase requested is a result of a scope of work change, an equitable fee adjustment shall be considered.

G.5 LIQUIDATED 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 Year Cost per day. This amount is calculated as ("Student Year Cost" [as stated in the contract] divided by 365 days) multiplied by 15% to determine the “Cost per Invalid Day”. This “Cost per Invalid Day” 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.

G.6

LIQUIDATED DAMAGES FOR PLACEMENTS FOUND TO BE INVALID

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.7 LIQUIDATED DAMAGES FOR MISREPORTED ACADEMIC AND CAREER TECHNICAL EDUCATION CREDITS

The contractor shall be held liable for any and all Academic (GED/HSD) or Career Technical Educational (Vocational Completion) credits that are determined to be invalid. The contractor shall be required to reimburse the government $500 for each misreported GED/HSD and $750 for each misreported Career Technical (Vocational) Completion.

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