J25 Frequently Asked Questions.pdf

FREQUENTLY ASKED QUESTIONS

Solicitation Section Question(s) Answer(s)

B.2 CLINs xx06, xx07, xx08 do not have a (C) indicator however they were described as cost reimbursable in FAQ answer #3. Furthermore, CRA was referred to orally during the conference as FFP. Please clarify.

Service Orders will be issued against CLINS xx06 (CRA), xx07 (Equipment) and xx08 (CTST), as explained in Section G.12, Service Orders, of the RFP. It is ETA's intention to mainly issue firm fixed price type service orders against these CLINS. However, a contracting officer may decide to issue a cost reimbursement type service order if the need arises. The modification, which incorporates the service order, will specify if the order is firm fixed price or cost-reimbursement.

B.2

According to the RFP CLINs XXX6, XXX7 and XXX8 will typically be FFP, but at times may be cost-reimbursable. A contractor is required to expend extensive resources in the procurement and management of these items, specifically for CRA projects.

Please confirm the contractor will be allowed to allocate G&A and fee to the costs of the items in these CLINs. At a minimum, the contractor should be allowed a management fee to assume the risk associated with these costs.

Will contracts be provided emergency CRA B1b funds for emergency situations that occur on center?

G&A and fee will not be permitted on CLINS XXX6, XXX7 and XXX8.

Contracts will be provided emergency CRA money in one of the first established service orders.

B.2 Will staff training costs be a cost-reimbursable item, or should staff training costs be incorporated in the Firm Fixed Price proposal?

Any costs associated with operating the Center, to include staff training, that are not separated out by other line items (e.g. Career Trainsition Services) are to be included in the Center Operations, firm fixed-price Line Item.

B.2 Please explain why the 1% Management Fee is not applicable to CLINs xx04 and xx05 as it is applicable to CLIN xx02? The funding for CLINs xx04 and xx05 is similar to CLIN xx02.

The Workforce Innovation and Opportunities Act (WIOA) mandates the 1% on center operations. Such fee is not mandated on outreach and admissions and career transition services.

B.2.

Please provide more clarification about the Capital CLINs regarding the structure and type. The RFP is clear about establishing NTEs, but questions remain about the following:

1. Will CRA project requests be submitted by the center operator via the FNC system to initiate the “Service Order”?

2. Sometimes CRA project and funding requests are delayed at no fault of the contractor, which may cause contractors to have to re-procure the services due to the loss of an interested vendor. With the change of the CRA to FFP, can DOL ensure the CRA project approvals and funding will be timely, and not more than 30 or 60 days after the request is submitted?

3. Please explain the considerations for CRA projects that may be expanded after a vendor begins the initial scope of work and finds additional necessary repairs in conjunction with the initial project. Will the government provide funding for the additional identified work?

4. Will the government consider a cap on CRA projects done at the contractor level? For example, CRA projects exceeding a certain amount will be procured and funded at the national level instead of through the operations contract?

5. Will the contracts be provided emergency CRA funds (B1b) for true center emergency repairs?

6. Will the equipment funding include allocations for center operations, OA & CTS needs?

7. Reference FAR 52.245-1. Please clarify the title/ownership of the equipment if the CLIN xx07 is FFP.

8. Will the formula-based CTST NTE amount be based on an amount per CTST-qualifying slot?

1. CRA project requests will be submitted by the center operator via the FNC system, which will initiate the government's consideration of the need for a service order.

2. Modifications incorporating service orders will be bilateral.

Prior to the modification's award, the contractor shall confirm the proposed price of the CRA with the contracting officer.

3. If the contractor experiences unforeseen site conditions or other events that it believes entitle it to an equitable adjustments, it may submit such a request for the Department’s consideration.

4. Caps are not being considered at this time. However, CRA projects should not be major construction projects.

5. The government anticipates providing emergency CRA funds for center emergency repairs through a service order at the outset of contract and option year award.

6. Yes.

7. The federal government will retain title/ownership.

8. The formula-based CTST NTE amount will be based on an amount per CTST-qualifying slot

BMP states “in addition to the written pricing proposal, offerors shall provide the following using Microsoft excel:

Pricing by year (Attachment J-1)”. Please confirm a narrative cost detailed is not required.

See L.7, Section 4a, Business Management Plan. A narrative of cost is not required.

C.2.H What formula will be used to calculate what the staff vacancy rate is and at what intervals will this be calculated?

The staff vacancy rate is calculated as the number of vacancies divided by the total number of Full Time Employees (FTE).

C.2.H -This listing includes line-level staff (food service, maintenance, etc.). If the contract is allowed a vacancy rate up to 4%, then it is reasonable to expect some of these positions will be vacant for periods of time.

Will the government consider clarifying the titles to include only management-level positions?

No. At this time, adjustments will not be made.

C -Please clarify the term “hired”. Can an accepted offer from a candidate be interpreted to be a “hired” employee and not considered a position vacancy?

No, a position is considered vacant until the candidate accepts the position and reports for duty on the Job Corps center.

C Who is/are the current off-center training provider(s) for the OTP designated CTT slots listed in the RFP?

Offerors are expected to propose partnerships envisioned.

Upon award, the offeror is expected to development a Memorandum of Understanding (MOU) in accordance the Job Corps Policy and Requirements Handbook.

C Who is/are the current Advanced Career Training provider(s) for the ACT designated CTT slots listed in the RFP?

Offerors are expected to propose partnerships envisioned.

Upon award, the offeror is expected to development a Memorandum of Understanding (MOU) in accordance the Job Corps Policy and Requirements Handbook.

C.1, B

Could this section include the exclusions noted in the hard-copy distributed “FAQs”, with regard to required submittal of the Job Corps Form 2181 and Job Corps Form 2110? Industry will need to know the expectation for the financial reporting to develop and propose adequate staffing. This may change the inclusion of Section I, FAR 52.242-2.

Section C.1, B has been corrected to include a statement indicating that PRH Chapter 5, R.1, R.2, and R.3 are not applicable and not contract requirements.

Update: 2110s will still be a required report and will be used by the government to monitor vacancies and staff salaries.

C.1.B

The Firm Fixed Price RFP issued in Aug 2019 (JCC and OA/CTS Combination FFP RFP August 2019) indicated that Chapter 5 of the ePRH was not applicable nor a contract requirement.

Chapter 5 was also noted as not applicable in the answers for the Questions for Clarification (Job Corps Outreach Day).

This Wind River RFP notes that Chapter 5.7 of the ePRH is not applicable nor a contract requirement.

Will the Government clarify whether it’s the entire Chapter 5 not applicable or if it is just section 5.7?

Chapter 5 is applicable with the exception of section 5.7 of the ePRH. However, the 2110s of section 5.7 will still be required.

C.1.B Please clarify the ePRH version incorporated into the contract. Due to notices and changes that occur to the ePRH between the submission date and the contract award, please confirm the ePRH version at the time of proposal submission will be incorporated into the contract and that any subsequent changes would be adjusted via modification to the award.

It is the ePRH version at the time of solicitation issuance which will be incorporated into the contract. Should there be material changes to the ePRH after the submission of proposals but before award, the Department will assess whether requests for revised proposals and/or re-evaluation are warranted, depending on the specifics of that particular procurement.

C.1.B

Please clarify the order of authority with the ePRH, contract and FAR. The paragraph states the ePRH controls when there is an irreconcilable conflict between a provision in the ePRH and in the contract.

Is this statement to be interpreted that ePRH change notices issued by the Office of Job Corps are authoritative changes to the contract? For example, if the Office of Job Corps issues a staffing minimum requirement change (i.e., TEAP Specialist hours) during the performance of a contract, which will require additional staffing and costs, is a contractor obligated to comply prior to receiving a contract modification from the contracting officer authorizing the additional work?

Will the ePRH be updated to address requirements for the FFP contracts? Specifically, areas to consider include:

-clarify the classifications of equipment costs versus operations/supplies -clarification of CRA projects versus center repairs/maintenance -invoice formatting -update regarding inventory

In the FAQ’s included with the meeting materials, an answer stated that Appendix 502 and 503 are not applicable to FFP contracts. Where in the RFP/Contract will that exclusion be identified? Can the language be revised to state the following (addition in red):

“In the event of any direct and irreconcilable conflict between a provision in the ePRH and another term of this Contract regarding Job Corps operation and reporting requirements, the ePRH controls”; provided however that Chapter 5, Appendix 502 and 503, shall not apply to this Contract.

Section C.1 (B) was revised to indicate that in the event of a conflict between the contract and the ePRH, the contract controls.

Going forward, ePRH changes that impact a contract will be incorporated into the contract via a change order issued by a contracting officer. The contractor may submit a request an equitable adjustment and the equitable adjustment, if any, will be the subject of a contract modification.

Contractors are obligated to perform in compliance with contract requirements, including modifications to their contracts incorporating ePRH revisions. Disputes regarding entitlement to equitable adjustments, if any, are to be resolved in accordance with the Contract Disputes Act. The existence of a dispute does not normally excuse a contractor from complying with contract requirements and as directed by the Contracting Officer.

Section C.1 (B) was changed to include specific language about Chapter 5 of the ePRH.

C.1.B.

Could this section include the exclusions noted in the hard-copy distributed “FAQs”, with regard to required submittal of the Job Corps Form 2181 and Job Corps Form 2110? Industry will need to know the expectation for the financial reporting to develop and propose adequate staffing. This may change the inclusion of Section I, FAR 52.242-2.

The solicitation has been updated to include the removal of the requirement of financial reporting via 2181 and 2110.

Update: 2110s will still be a required report and will be used by the government to monitor vacancies and staff salaries.

FAR clause 52.242-2 is still applicable as it relates to other schedules and reports.

C.1.D Please confirm that National Training Contractors (NTCs) will be responsible for providing training supplies and materials for NTC-operated trades.

The NTCs provide materials and supplies used exclusively in the training programs that they operate. Center operators are not expected to purchase any training supplies and equipment. As needed, the Government provides funding to purchase select large equipment. The equipment becomes part of the center’s inventory.

C.1.D

We acknowledge that some training programs will be offered by National Training Contractors (NTCs). In the current ePRH MOU’s, center contractors are responsible for providing training supplies and materials for the NTC-operated trades. Will this be revised in the ePRH to require the NTC-trades to provide the necessary supplies, similar to the required toolkits? Otherwise, supplies distributed through the FFP contract are used at the third-party’s discretion, but with full impact to the center operator, not the NTC operator.

Going forward, ePRH changes that impact a contract will be incorporated into the contract via a change order issued by a contracting officer. The contractor may submit a request an equitable adjustment and the equitable adjustment, if any, will be the subject of a contract modification.

C.2 Please confirm that the 100% OBS requirement is in relationship to the “Total Planned Average On-Board Strength” listed in the chart on C.2 B.

Correct, the 100% OBS requirement is in relationship to the total planned average on-board strength listed in C.2.B

C.2 Will the government provide current MOUs with the OTPs?

Offerors are expected to propose partnerships envisioned.

Upon award, the offeror is expected to development a Memorandum of Understanding (MOU) in accordance the Job Corps Policy and Requirements Handbook.

C.2.G

1. Will the government establish a minimum time frame in this clause for the contract phase-in/phase-out process, i.e. 30 days?

2. If the requirement is to maintain staff vacancy rates not exceeding 4%, there appears no need for the chart listing specific positions to be filled within 30 days, with the possible exception of the Center Director. We recommend the chart listing positions be eliminated.

1. The government cannot establish an across the board minimum phase-in timeframe for phase-in and phase-out.

This time period is contingent upon the circumstances of each center operations contract.

2. The need to fill vacancies within the specified timeframe is in addition to the overall requirement to maintain a staff vacancy rate of not exceeding 4%.

C.2.C Is the Advanced Career Training Component offered through a Community College? If so, is an MOU or written agreement available? If not, please provide the name of the Advanced Career Training provider and it's associated MOU/agreement, if available.

Offerors are expected to propose partnerships envisioned.

Upon award, the offeror is expected to development a Memorandum of Understanding (MOU) in accordance the Job Corps Policy and Requirements Handbook, (Chapter 3.15, R3)

C.2.C ePRH 3.15.R1.j states “Resources from federal student aid, such as Pell Grants and Stafford loans, can be applied to college credit, reduced credit, or non-credit remedial courses, in accordance with federal student financial aid guidelines. In addition, the courses must lead to a certificate of completion or an associate’s degree at accredited higher education institutions, and must be required by Advanced Career Training (ACT) programs approved by the NOJC.” Under a Firm-Fixed Price contract, can the contractor also use Pell Grants for OTP programs that are aligned with the college and meet the above criteria?

Yes Under a Firm Fixed Priced Contract contractors can use Pell Grants for OTP.

C.2.D Will Centers' placement staff be responsible for the placement and follow up services of out-of-state Advanced Training students when they return to their home state? Yes.

C.2.D Please clarify the statement: “The Contractor shall provide Career Transition Services for all graduates and former enrollees of the center, regardless of where the graduate or former enrollee resides or matriculates.”

Please confirm Contractors will be responsible for placing students potentially out of state, away from where the center is operated.

Correct, contractors will be responsible for placing students potentially out of state, away from where the center is operated.

C.2.E & F Staff Housing – Will the rental payments and expenses to maintain the rental units be processed through the FFP center operations contract?

Child Care – Will the payments and expenses to manage the child care centers be processed through the FFP center operations contract?

Expenses to maintain staff housing rental units shall be paid through the firm fixed price contract. Rental payments must be paid to the United States Treasury and sent to the COR.

In accordance with the ePRH, non-Job Corps funding sources must be used for child care. As such, payments and expenses to manage the child care center will not be processed through the firm fixed price center operations contract.

C.2.H National Training Contractors are responsible to identify, hire and train designated CTT Instructor positions, independent of Center authority. Please confirm that Center operators will not be held responsible for NTC-operated CTT Instructor staff vacancies that exceed the 30-day requirement.

NTCs are required to maintain adequate staffing for the CTT offerings provided by them. The center operator will be held accountable for reporting staff vacancies.

C.2.H We acknowledge the importance of maintaining adequate staffing levels.

-Will the government consider revising the # of days to fill positions for some of the areas? Some vacancies take 60-90 days, depending on the position.

No, staff vacancies for the position identified in the RFP shall be filled within the identified number of calendar days in the

RFP.

C.2.H Will the government consider other coverage provided via substitutes or overtime when reviewing the vacant positions and the contractor’s coverage of the positions?

No, a position is considered vacant until an employment offer is made, accepted and the individual reports for duty.

C.2.H This listing includes line-level staff (food service, maintenance, etc.). If the contract is allowed a vacancy rate up to 4%, then it is reasonable to expect some of these positions will be vacant for periods of time.

Will the government consider clarifying the titles to include only management-level positions?

No. At this time, adjustments will not be made.

C.2.H Will government consider any grace period or run-up time on the vacancy of 4%? IE – will the government consider 30,60, or 90 days to get below 4% vacancy similar to OBS.

No, the government will not consider any grace period or run-up time on the vacancy of 4%. The contract already allows for a 30 day phase-in (transition).

C.2.H In reference to C. 2 H., Failure to maintain staffing levels, what mechanisms will be used to determine when each position (in the table) became vacant and was subsequently filled or remained vacant?

The actual dates of when a staff member was or was not in the physical position.

C.2.H

We acknowledge the importance of maintaining adequate staffing levels.

-Will the government consider revising the # of days to fill positions for some of the areas? Some vacancies take 60-90 days, depending on the position.

-Will the government consider other coverage provided via substitutes or overtime when reviewing the vacant positions and the contractor’s coverage of the positions?

-This listing includes line-level staff (food service, maintenance, etc.). If the contract is allowed a vacancy rate up to 4%, then it is reasonable to expect some of these positions will be vacant for periods of time.

Will the government consider clarifying the titles to include only management-level positions?

-Please clarify the term “hired”. Can an accepted offer from a candidate be interpreted to be a “hired” employee and not considered a position vacancy?

We are not contemplating changing the number of days to fill a position at this time. We can contemplate coverage via substitutes and overtime - if they are reasonable (e.g., a week or so). We do not contemplate clarifying titles at this time.

Hired will be interpreted reasonably (e.g., two weeks or less to report to work as a hired individual).

C.2.H

How will the actual staff vacancy rate be reviewed? If the FMS 2110S Vacancy Report will be used for these purposes, will the government clarify the ePRH language/instructions to ensure consistent use of the report. Over the years, there has been confusion about including substitute positions and/or subcontracted positions. Additionally, will NTC-trade instructor positions be excluded from the vacancy rate calculation as the responsibility for filling these positions are not totally in the center operator’s control?

We are considering/drafting relevant changes to the ePRH in the future to align with the FFP. We do not contemplate excluding NTC contractors at this time.

C.2.C Although center-provided CTT locations are up to the discretion of the operator, will the government share the names of any current OTP and ACT providers/partners in the RFPs?

The government will not share this information in the RFP. It is up to the offeror to perform due diligence and to identify appropriate partners.

CTT Offerings

The last column of the Career Technical Training Offering table includes training slots for each CTT offering – “Training Slots (0.5)”. Advanced Career Training (ACT) shows 20. Job Corps ACT and AT (Advanced Training) programs enroll students on a full-time basis, not ½ time per the column heading. Is the example provided consistent with how ACT/AT programs will be shown (i.e., 20 – 0.5 slots = 10 full-time students)?

Correct.

F Please provide the OA/CTS Area Maps for all of the expected recruitment areas National Enrollee Assignment Plan maps are available at http://www.neapmap.com/

F.3

Based on other sections of the RFP, it appears the transition period is 30 days. Has the government considered a longer transition period of 60 or 90 days? In short transition periods (i.e., 30 days), incoming contractors do not have adequate time to competitively procure center services or negotiate office lease agreements and may have difficulty recruiting adequate staffing. Typically, new contractors are forced to utilize the incumbent’s current providers and hire the existing staff, which may not be most effective.

The Department may consider periods longer than 30 days in a particular cases if the circumstances warrant such consideration. However, absent explicit direction, offerors should expect to propose on a 30-day transition period requirement.

F.5 H9 includes residential counselors and senior residential counselors as part of the list of prevailing wage positions. Since DOL announced the change in those positions, will they still be a requirement? They are not a requirement but may be proposed.

F.5 If 100% of the center’s planned OBS is continuously maintained, would the operator still be required to meet the annual arrival shown in section F. 5?

The arrival goals are a contractual requirement intended to keep the center at 100% OBS. However, factors may impact OBS even with achievement of the arrival goals and in those cases, the contractor has contractual responsibility to keep the center at 100% OBS.

G.12

Due to equipment funding shortages, there have been times where operations funding has been used to purchase critically needed equipment. With the move to FFP, there would be a loss of profit experienced on the contractor’s side if similar treatment is used going forward. Will the definition of equipment or the availability of equipment funding change with the new format?

Going forward, the government will recognize that if there is a critical need for equipment that I must be purchased through the equipment line item.

G.12 G-12 discusses service orders for CRA. Will centers still use the FNC – Funding Request System and will the service orders reference the deficiency ID#?

Correct, the centers will still use the FNC.

The deficiency ID number has been added to the numbering scheme.

G.12

Please clarify the “Service Orders”. Will the requests be processed through the current FNC system used for CRA and equipment requests?

Based on this section, it appears Travel is the only “Cost Reimbursable” CLIN.

Will the contractors have responsibilities to track service order numbers for invoicing and reporting purposes?

CRA requests will continue to be processed through the FNC system. Funding for the requests will be made via services orders. It is the government's intent to award service orders as firm fixed price, however, contracting officers may award cost type service orders.

Contractors will be responsible for tracing and reporting on service orders.

G.15 Please explain the purpose of the financial remedies, which may include withholding payment or assessment of charges due to Significant Incident Reporting. How is this requirement related to a financial impact to the government? According to the FAR, liquidated damages are not punitive, but instead used to compensate the Government for probable damages.

The financial remedies are not intended as punishment or penalties, but merely to compensate the Government for losses resulting from the contractor’s failure to perform as required under the contract. A failure to report significant incidents in accordance with the contract requirements could certain give rise to, or increase, Government liability. The financial remedies that are described in this clause are related to potential liability that the government may incur. The clause requires the contractor to indemnify and hold harmless the government against such claims and related costs.

G.18 G-18 discusses DOL mandated training but does not reference ePRH exhibit 5-4. Please advise if the ePRH exhibit 5-4 will be identified as DOL mandated training.

This clause is a DOL local clause and tailored specifically to Job Corps, therefore it indicates that the training will be identified by the COR. For the purpose of Job Corps Center Operations, DOL mandated training will include ePRH exhibit 5-4.

G.3 Can we bill DOL every 15 days as what is currently being done for small businesses? Yes.

G.4

1. Please confirm FFP CLINs for Center Operations do not require supporting documentation for the monthly billings.

2. For a scope of work change for which the contractor requires an equitable adjustment to a FFP contract, please confirm there will be a neutral third party (ombudsman) to handle change of scope requests and/or disagreements between the contractor and Contracting Officer?

3. Please confirm that the operator bill the Management Fee – 1% based on their monthly average OBS and that the government’s role is to validate based on G.11.

1. FFP CLINs do not require supporting documentation with the invoice.

2. Requests for equitable adjustments will be considered by the contracting officer and any ensuing dispute will be resolved in accordance with the Contract Disputes Act and applicable regulations and Department procedures.

3. Correct, the operator will bill the Management Fee based on their monthly average OBS and the government will validate the OBS and proper fee amount based on Section G.11.

G.4 G-4 suggests invoices will only be submitted monthly. Would DOL consider returning to the twice monthly process to assist with operator cash flow requirements?

CLINS xx02 and xx03 are dependent on the average monthly OBS and therefore must be billed monthly. All other CLINS can be billed twice monthly by small businesses ONLY.

G.4 In G. 4 (d), is a “proper invoice” receipt of an invoice consistent with FAR 32.905 (b) (1)? Yes.

G.4 In reference to G. 4, would it be possible for the government to provide a template or example of the uniform information needed in the body of SF1034 (i.e., directly above the signature certification line)? A sample invoice is now available as attachment J.20.

G.4 As current cost reimbursable contracts are re-procured as fixed price, how with the Government allow contractors to treat accrued, but not billed, vacation costs? Will there be a process to review accrued vacation at each center so that it can be invoiced to the Government?

Accrued but not billed vacation will be required to be resolved prior to the new contract. Contractors should not consider prior accrued vacation as a potential liability on a new contract.

G.5 Is the Student Per Day Calculation Chart required to be completed as part of the BMP submission?

No. The Student Per Day Calculation Chartwill be filled out at time of award and does not need to be included in the offeror’s proposal.

G.9 With the new adjustment for price being based on monthly average OBS, what specific report should contractors use to get the monthly average OBS level to reflect on their billing?

As defined in Section G.9, Price Adjustment for Less-Than- 100% On Board Strength, the following CIS ]report shall be used: CIS->Accountability->Reports->Center Reports- >Center On Board Strength Report->Select Reporting Period

G.9 Will the government consider the OBS price adjustment not take effect until the OBS drops below 98%, consistent with the cost reimbursable calculation found on the 2110?

Per Section G.9, the calculation is requried for any OBS less than 100%.

H.19 Please confirm the contractor does not have to submit closeout package cost breakdowns for FFP CLINs, such as Center Operations.

Contractors will NOT be responsible for submitting a closeout package with cost breakdowns for FFP CLINs.

H.19

If all contracts are FFP, will a final, approved indirect cost rate need to be established with the cognizant agency of the Federal Government?

o If not, in section H. 19 should “and indirect costs: be included in the section title? Also , in the first bullet point in H. 19, would a final cost rate agreement apply under FFP contract type?

Indirect cost rate agreements are still required and may be utilized when determining and negotiating equitable adjustments.

H.21

Please explain how the Limits on Compensation is applicable to this FFP contract.

In addition, as FFP Contract, why are Limits of Compensation applicable?

Refer to Section H.21 for an explanation of how the Limits of Compensation will apply to this contract. As the clause states, funds shall not be provided to pay for compensation at a rate in excess of the Executive Level pay. Limits of Compensation are appliable because the Limitation on Compensation is based on public law, DOL's appropriations act.

H.22

Section H.22 requires operators to notify the CO in writing immediately when the CD position becomes vacant and simultaneously provide a resume of the proposed replacement. 1. Is the CO only looking for the resume of the acting CD until the position can be advertised and a candidate selected? 2. Will the Government please clarify?

The CO is looking for the resume of the replacement candidate.

H.23 Section H.23 requires operators to include a conflict of interest certification as part of the official procurement file for subcontractors. Please clarify the extent by which certification is required. (e.g., micro, SAP, commercial, utilites, etc.)

Certifications regarding conflicts of interest must be kept for all subcontracts above the micro-purchase threshold.

H.25 Please clarify which reporting requirement takes priority – H.25 – Limitation of Government’s Obligation or FAR 52.232-22, Limitation of Funding, which is listed in Section I. Each clause has a different percentage and timeframe for reporting the status.

Limitation of Government’s Obligation applies to fixed price type CLINS and 52.232-22, Limitation of Funding applies to cost type CLINS.

H.26

Clause H.26 – DOL 2019-04 Asset Reporting Requirements (July 2019) was not included in the August version of the FFP RFP template, but the clause has subsequently been included in the recent Job Corps center RFPs. This clause outlines asset tracking requirements for DOL-owned or DOL-leased property.

The ePRH includes Appendix 505, which outlines equipment tracking with different requirements. Will the Appendix 505 be removed from the ePRH, or will the Appendix 505 be updated to align with this DOL clause?

Appendix 505 will be updated so that the two align.

H.26 The RFP states that insurance for leased property shall be obtained prior to assumption of center operations, but no later than 30 days after contract award. As necessary, will the government consider adjustments to this timeframe for leased offices?

As necessary, on a case-by-case basis, the government will consider modifications to this requirement.

H.7 In H.7, it is stated that SCA does not apply to center, OA or CTS contracts. If that is the case, does the footnote star (*) below the table on pages 41/42 apply?

The footnote star states that the rates apply to only those positions that are not covered by the SCA. This means that rates for employees of the prime contract, performing operations, OA or CTS will be required to comply with comparable wages identified in Section H.9.

H.9 How does the government intend on monitoring whether prevailing wages are being met during the contract period?

DOL will utilize the 2110s to review staff salaries and may utilize other methods such as site visits to confirm staff salary information.

H.9

The occupations listed in the table encompass the majority of labor positions in support of center operations. In an FFP contract type, why are these included if the contractor determines they are able to meet the requirements of Sections H.6 and H.7 regarding minimum wages, Section C.2, B. for OBS, Section C.2, H. for maintaining staffing levels, and Section F.6 for performance measures? And, what measures would be put in-place to monitor a contractor’s compliance in a contract type that does not require submission of cost data in its proposal or financial reporting?

The government will use the 2110s report o monitor vacancy rate, staffing levels and payment of competitive wages. Oversight will take place to monitor requirements such as vacancy rate, staffing levels, and payment of competitive wages. The government, in its oversight may at times require documentation to support these areas.

I

Please confirm that the contractor will be reimbursed for expenses incurred as a result of an interruption (hurricane, tornado, ice storm, flood, etc.) to the normal course of business. For example, additional costs (lodging, transports, meals, staff overtime, etc.,) would be incurred if students had to be relocated. If the students do not need to be relocated as a result of the interruption, additional costs (staff overtime, meals, etc.) could be incurred to ensure the safety and security of the students. Additionally, please confirm that OBS will not be impacted by a change to the student status that is driven by the interruption. If the OBS will be impacted, how will the contractor be penalized for a low OBS that is driven by the interruption?

Such circumstances may be subject to FAR Clauses 52.222- 2, 52.233-1, and 52.237-2 and potentially additional clauses.

Although the OBS calculation would remain in effect, an equitable adjustment may be warranted depending upon the nature of the interuption. FAR Clause 52.249-14 lists events that may be considered beyond the Contractor's control.

J.1 Please confirm that contractors are only required to complete the evaluated price tab in Attachment J-1. Offerors are required to complete both tabs (Evaluated Price and Contract Award) in Attachment J-1.

J-6 On that note, should the J-6 be submitted as its own attachment (Like the J-1) as well as within the body of the BMP as was required in previous procurements? And if so, would the government prefer it in excel or Word?

A subcontracting plan is not required for small businesses.

However, when required, the government will accept either excel, word or PDF and should be submitted in the body of the BMP.

L Requests a transmittal letter. Traditionally this letter is placed in front of the Technical Approach and does not count against page limitations. Please clarify/confirm.

One transmittal letter is sufficient and does not count towards page limitations.

L Requests pages be consecutively numbered within each section. Due to the BMP’s potential size, please confirm you would like a separate (1) PDF for that section. Confirmed.

L States “Offerors must tab each specific section, subsection.” Since this is a digital submission, please define what you mean by ‘tab each section’. The offeror shall submit one file per section.

L States “Cross-referencing within and across proposal sections shall not be permitted.” Please clarify if this includes the six subsections within the Technical Section.

This does not include the six subsections within the Technical Section.

L.6.H The proposal format section does not specify a file type, except for the Attachment J-1 in Microsoft Office Excel. Is a PDF format acceptable for all other proposal sections?

Please send Excel Files for all numerical calculations. PDF format is acceptable for written narration.

Will the Contractor be required to provide its overhead or G&A rates at any point during procurement or contract administration of the new contract type?

During the negotiation of an equitable adjustment to the contract, the contractor may be required to provide information regarding costs of performance, to include indirect costs.

L The areas of the RFP are labeled as both Sub Sections and Sub Factors how should they be labeled in the submitted proposal? Sub Sections.

L - Business Management Data 10) requires offerors to provide a full copy of every DOL OIG report that mentions the offeror. Since proposals are submitted electronically, can an offeror attach PDF file(s) of these report(s) in lieu of embedding the full report(s) in the proposal?

Yes. Offerors can attached PDF files of these reports. In addition, ETA changed the requirement in November 2019 to require only reports issued in the last three years.

L.6 Can the Government please clarify if the proposal should be developed and submitted in separate stand-alone electronic VOLUMES or should all SECTIONS be included in one VOLUME for electronic proposal submission?

It should be four stand-alone electronic files.

L.6.H

The proposal format section does not specify a file type, except for the Attachment J-1 in Microsoft Office Excel. Is a PDF format acceptable for all other proposal sections?

On that note, should the J-6 be submitted as its own attachment (Like the J-1) as well as within the body of the BMP as was required in previous procurements? And if so, would the government prefer it in excel or Word?

PDF is acceptable for all other proposal sections.

A subcontracting plan is not required for small businesses.

However, when required, the government will accept either excel, word or PDF and should be submitted in the body of the BMP.

L.6.H The proposal format section does not specify a file type, except for the Attachment J-1 in Microsoft Office Excel. Is a PDF format acceptable for all other proposal sections? Yes.

L.6.J

The RFP states “Offerors must tab each section, subsection”. Since we are now submitting electronically, please clarify how an electronic file will be tabbed. If possible, with your approval, may we provide a subsection heading in place of a tab and page break? This will allow the subsections to roll on the same page to avoid wasted space.

The "tab" pages and title sheets shall not count towards the page count.

L.6H Please provide a statement on the file size limitations for sending electronic proposals, and/or state that multiple emails will be accepted. There is no size limitation on the email.

L.7 Section 2

In reference to this sentence “Projects identified should include work experience within the three (3) years preceding the submission of this proposal, and for at least one year in duration.” Can the prime and subcontractor submit a listing of projects as an appendix that is not included in the 5 page limit for Section 2 Past Performance?

The projects submitted are considered the Narrative portion of the Past Performance portion of the Proposal and will be subject to the applicable page limit. Refer to Section L.6 for additional information.

L.7 Section 2

The referenced section does not discuss how the government will evaluate the Relevance determination and Quality of Performance determination of the key personnel as responded to in Section 2. Demonstrated Record of Effectiveness. In Section 2, it appears that offerors may describe the experiences of the key personnel in light of the formation of new entity. Factor 2, Demonstrate Record of Effectiveness states, "If the Offeror is a newly formed entity....." --- Will the government revise the language to state: "If the Offeror is a newly formed entity, the Government will evaluate the experience of the key personnel of the individual entity, individual entity, or entities that compromise the newly formed entity."

The determining factor regarding relevancy is not the personnel or the entity involved, rather it is the project. Per Section M.1 of the Request for proposal: "Relevance determination. Only those projects deemed relevant will be considered in the evaluation of past performance. Relevant projects are those of similar size, scope and complexity to the work required in this solicitation. Relevant projects may include operation of a Job Corps center or similar facility.

The narrative provided by the offeror (per the instructions at Section L) regarding their past record will be used solely to establish the relevance of the projects identified by the offeror (i.e., DOL will use the information submitted in response to Section L to identify the projects that are similar in size, scope, and complexity to the current project). However, DOL may identify other projects, not identified by the offeror in its proposal, which DOL deems relevant and will be considered in the past performance evaluation. Note that only projects performed in the last three years and lasting at least twelve months will be deemed relevant. Projects found not to be similar in scope, size or complexity and projects older than three years or lasting less than 12 months are not relevant and will not be considered."

L.7 Section 2

The RFP states that Past Performance Questionnaires are to be submitted for each project identified in the Past Performance section for which there is no report of Past Performance Information Retrieval System (PPIRS). If multiple projects are listed and CPARs are available for some of the projects but not all, is the offeror required to submit the Past Performance Questionnaire for the project(s) that are pending the initial CPAR/report in PPIRS?

Yes.

L.7 Section 3B

In reference to this sentence “Describe your approach to staffing the center by schedule, demonstrating that the appropriate number of qualified staff will be available at the appropriate times so as to provide coverage of critical functions, such as residential living, career preparation, academic and career technical training, counseling, health services staffing, and security,…” Is the list provided the definitive list of “critical functions” or is the Department of Labor anticipating the proposer to include any function they believe as critical?

No, this is not a definitive list. The critical functions are those deemed necessary in order to maintain safety and security of staff and students and to provide an optimal learning environment. Please follow the instructions in Attachment J- 4.

L.7 Section 3D

1. Please confirm that incumbent offerors are required to only submit a Phase-Out Plan.

2. We recommend offerors are required to propose a Center Director as Key Personnel and provide a resume for evaluation. The resume should be exempt from page limitations.

1. Incumbent contractors shall provide a Phase-Out plan and only provide a Phase-In plan if the incumbent contractor will be performing new work not currently defined in the incumbent contract statement of work such as new Outreach and Admissions activities. The Phase-In plan for incumbent contractors should only address the new work to be Phase-In.

All non-incumbent contractors shall submit Phase-In and Phase-Out plans. Incumbent offerors shall submit a phase-in plan, to include among all phase-in activities, the phase-in of any parts of the statement of work that they are not performing under the incumbent contract.

2. Center Direction will not be named key personnel and DOL will not evaluate the Center Director's resume.

L.7 Section 4

Under Pricing Detail, it mentions that Offerors included a completed J-1 only.

In the recently issued FFP_RFP Questions and Answers document, there is a response that reads, “In the business management proposal, narrative detail is not required.”

Please confirm that a pricing narrative detail is not required for this submission.

See L.7, Section 4a, Business Management Plan. A narrative of cost is not required.

L.7 Section 4 Please clarify whether offeror should accrue vacation as earned and included in FFP or provide estimates for potential vacation liability at contract close (Phase-Out). If it is determined that there is a change in vacation liability practices in FFP, please amend Appendix 502 in PRH.

Accrued vacation as earned shall be included in firm fixed price.

Appendix 502 is not applicable under FFP; Section C has been revised to address this.

L.7 Section 4 Please confirm that the only file to submit in MS Excel is Attachment J-1.

Any files that requires numerical mathematical calculations should be submitted in excel format.

L.7 Section 4, b Please confirm that offeror is required to complete both ‘Evaluated Price’ and ‘Contract Award’ tabs as part of the submission requirements. It is unclear whether the ‘Contract Award’ tab is intended to be reserved for the government to complete prior to award.

The offeror shall complete both the evaluated price and the contract award tabs.

L.7, Section 4

Contractors are required to provide students basic health care as necessary. Students that enroll in Job Corps have various insurance coverage or no insurance coverage at all. In FFP contracts, it is typical to have expense caps in cost categories where significant uncertainty exists. Will the government include expense caps in the RFP/contract for the following cost categories:

- Student medical costs, max per incident and in aggregate per student

- Pharmaceutical costs, max per student per year?

Please clarify/revise the PRH to ensure consistent application of student terminations for medical purposes.

Additionally, will the government include expense caps for maintenance repairs, such as a maximum amount per item; otherwise, the item would be replaced under Equipment funding?

The government will not establish max or cap levels.

L.7, Section 4.d Small Business Plan - has been deleted from similar small business procurements. Is it the Government's intention to do the same for this procurement?

The Small Business Plan and similar clauses are self-deleting if the offeror is a small business.

M.3 Are contractors rated a pass or fail rating in the Responsibility Determination? This factor is not listed Section M.1 as an evaluated factor.

Please confirm the reference to Factor 5 Business Management Proposal should be revised to Section 4, consistent with the BMP instructions.

Responsibility determinations are only performed on the apparent awardee and are not rated. Responsibility determinations are not an evaluation factor but are required by FAR 9.104 prior to contract award.

Medical Costs Medical Costs – Medicaid is not available in every state. Would DOL consider imposing a CAP on cost obligations that the center would be expected to assume in case that student medical expenses would exceed a certain threshold?

No caps are being contemplated at this time.

OA/CTS

OA/CTS. Could DOL provide more explanation as to how the transition of services would occur between center operators (who have not yet transitioned to this model) and OA/CTS providers who are presumed to be phased-out? Centers are responsible for filling their own center but may also be responsible for providing students to other center locations.

We expect compliance with the transition requirements of all existing contracts to be conducted in a professional manner by all parties involved. Centers are expected to fulfill responsibilities for recruiting students at their centers and other assigned centers.

Phase-In

What are the government’s expectations for transitioning center expendable inventory and supplies on hand? In particular, how will the transition occur when transitioning from a cost reimbursable contract to a FFP contract?

Does the contractor or government have title in the property? Title/ownership of supplies and inventory purchased with FFP lines should transfer to contractor.

In future procurements, will contractors (incumbent and awardee) be responsible to negotiate the purchase transfer of supplies/inventory on hand? Supplies may include student clothing, kitchen supplies/tools, office supplies, etc.

Expendable inventory and supplies on hand will be transferred from the incumbent contractor to the new contractor if the incumbent contractor is a cost-reimbursement or hybrid type contract.

However, going forward, under a fixed price type contract, contractors (incumbent and awardee) will be responsible for negotiating the purchase and transfer of expendable inventory and supplies on hand.

REAs

Throughout the life of a contract, Job Corps issues program, instructional notices or other directives that may require contract changes. Due to the FFP type of the contract, it will be necessary for contractors to submit requests for equitable adjustments.

- Will the DOL offices (OJC, OCM & OFA) coordinate such changes to ensure they are properly modified to the contracts?

- Can the contractors have some assurance that the modification process will be timely after the announced change?

The contractor will have the opportunity to submit REAs and the government will consider the REA for reasonableness and will modify the contract when warranted.

Section Section I, FAR 52.222-16: may not be applicable to this intended contract type.