Laredo FP RFP Center with OA CTS August 2020 1.pdf

SOLICITATION NUMBER: 1605JW-20-R-00011 Laredo JCC and OA/CTS Combination FP RFP

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

AUTHORIZED FOR LOCAL REPRODUCTION Previous edition is unusable

STANDARD FORM 33 (REV,. 9-97) Prescribed by GSA - Far (48 CFR) 53.214 (c)

SOLICITATION, OFFER, AND AWARD 1. THIS CONTRACT IS A RATED ORDER RATING PAGE 1 OF PAGES

Yes No 89

2. CONTRACT NO. 3. SOLICITATION NO. 4. THIS IS A: 5. DATE

ISSUED

6. REQUISITION/PURCHASE NO.

1605JW-20-R-00011 SMALL BUSINESS SET-ASIDE

YES NO

10/28/2020

7. ISSUED BY: 8. ADDRESS OFFER TO (If other than Block 7) Michael Dibie

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 See section L.5 Paragraph H until 2:00 PM ET local time 11/30/2020 (Hour) (Date)

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

10. FOR INFORMATION A. NAME B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS) CALL: Douglas Gosselin, Contracting Officer 972-850-4111

11. TABLE OF CONTENTS

(X) SEC DESCRIPTION PAGE(S) (X) SEC DESCRIPTION PAGE(S)

PART I - THE SCHEDULE

PART II - CONTRACT CLAUSES

A SOLICITATION/CONTRACT FORM 1-2 I CONTRACT CLAUSES 48-60

B SUPPLIES OR SERVICES AND PRICES/COSTS 3-8

PART III - LIST OF DOCUMENTS, EXHIBITS, AND OTHER

ATTACHMENTS

C DESCRIPTION/SPECS/WORK STATEMENT 9-13 J LIST OF ATTACHMENTS 61-63

D PACKAGING AND MARKING 14-15

PART IV - REPRESENTATIONS AND INSTRUCTIONS

E INSPECTION AND ACCEPTANCE 16 K REPRESENTATIONS,

CERTIFICATIONS, AND

64-70

F DELIVERIES OR PERFORMANCE 17-20 OTHER STATEMENTS OF

OFFERORS

G CONTRACT ADMINISTRATION DATA 21-35 L INSTRS., CONDS., AND NOTICES TO

OFFERORS

71-83

H SPECIAL CONTRACT REQUIREMENTS 36-47 M EVALUATION FACTORS FOR

AWARD

84-89

OFFER (must be fully completed by Offeror)

12. In compliance with the above, the undersigned agree, if this offer is accepted within 365 calendar days 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 10 CALENDAR DAYS 20 CALENDAR DAYS 30 CALENDAR DAYS CALENDAR

DAYS

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

14. ACKNOWLEDGMENT OF AMENDMENTS AMENDMENT NO. DATE AMENDMENT NO. DATE

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

15A. NAME

AND

ADDRESS

OF

OFFEROR

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

SUCH ADDRESS IN SCHEDULE

17. SIGNATURE 18. OFFER

DATE

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED

20. AMOUNT

21. ACCOUNTING AND APPROPRIATION DATA

22. RESERVED 23. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM

24. ADMINISTERED BY (if other than item 7) 25. PAYMENT WILL BE MADE BY

26. NAME OF CONTRACTING OFFICER (Type or print) 27. UNITED STATES OF AMERICA 28. AWARD

DATE

SOLICITATION NUMBER 1605JW-20-R-00011 JCC and OA/CTS Combination FP RFP

TABLE OF CONTENTS

PART I: THE SCHEDULE

SECTION B. SUPPLIES OR SERVICES AND PRICES/COSTS

SECTION C. STATEMENT OF WORK…………………………………………………………………………………………9

SECTION D. PACKAGING AND MARKING

SECTION E. INSPECTION AND ACCEPTANCE

SECTION F. DELIVERIES OR PERFORMANCE

SECTION G. CONTRACT ADMINISTRATION DATA

SECTION H. SPECIAL CONTRACT REQUIREMENTS

SECTION I. CONTRACT CLAUSES AND PROVISIONS

SECTION J. LIST OF ATTACHMENTS………………………………………………………………………………………….61

SECTION K. REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF OFFERORS OR

RESPONDENTS

SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS OR RESPONDENTS

SECTION M. - EVALUATION FACTORS FOR AWARD ........................................................……. 84

SOLICITATION NUMBER: 1605JW-20-R-00011 Laredo JCC and OA/CTS Combination FP RFP

SECTION B. SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 BACKGROUND

The U.S. Department of Labor, Job Corps has a requirement for operating the Laredo Job Corps Center located at 1701 Island Street Laredo, Texas 78041.

The North American Industry Classification System (NAICS) code for this acquisition is 611519. The small business size standard is $41.5M.

The Contractor shall operate the aforementioned Job Corps Center, which includes providing academic, career technical, career success skills, and career development training, and related support services, for a PLANNED On Board Strength (OBS) total of 220 students consisting of 99 residential male students, 85 residential female students, 15 nonresidential male students, and 21 nonresidential female students.

The Contractor shall provide Outreach and Admissions services at a location(s) determined by the contractor to ensure the arrival of a minimum of 440 students into the Job Corps program annually for residential male and female students, and nonresidential male and female students. The Contractor shall undertake all measures and efforts necessary to ensure that the center attains and/or maintains an average monthly OBS equal to 100% of the center’s planned OBS (planned OBS for this Center is set out at Section C.2.B below).

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. The Contractor shall be responsible for providing CTS services for all graduates and former enrollees within their eligibility period that separated under the prior operator.

For purposes of this procurement, the Contractor should estimate annual inflow of students for providing CTS in accordance with the contractor’s approach to operating this center.

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

B.2. PRICING SCHEDULE

The resulting contract will include Contract Line Item Numbers (CLINs) that are: 1) Fixed Price (FP), 2) Fixed-Price with a Price Adjustment (FP/PA), or 3) Cost Reimbursement (C) with specified Not-to-Exceed (NTE) amounts.

The contract shall include the 1% management fee, which is applied to the center operations CLINs only. Additional provisions regarding fees are found at G.2 below.

SOLICITATION NUMBER: 1605JW-20-R-00011 Laredo JCC and OA/CTS Combination FP RFP

Base Period of Performance: August 01, 2021 – July 31, 2023

CLIN Supplies/Service QTY Unit Unit Price Amount

Phase In Type:

Fixed Price (FP) 1 MO $ ______________

Center Operations 100% Average OBS Type: Fixed Price with Price Adjustment (FP/PA)

24 MO $ ______________

Management Fee – 1% of Center Operations Price

24 MO $_______________

Outreach & Admissions – (FP)

24 MO

Career Transition Services – (FP) 24 MO

Construction, Rehabilitation, and Acquisition (CRA)

NTE $400,000.00

0007 Equipment

NTE $ 150,000.00

0008 Career Technical Skills Training

NTE $ 100,000.00

GRAND TOTAL – BASE PERIOD (CLINs 0001 through 0008) $ _____________

SOLICITATION NUMBER: 1605JW-20-R-00011 Laredo JCC and OA/CTS Combination FP RFP

OPTION 1 Period of Performance: August 01, 2023 – July 31, 2024

Center Operations 100% Average OBS Type: Fixed Price with Price Adjustment (FP/PA)

12 MO $ ______________

1003 Management Fee – 1% of Center Operations Price 12 MO $_______________

CLIN Supplies/Service QTY Unit Unit

12 MO

Career Transition Services – (FP) 12 MO

NTE $ 200,000.00

1007 Equipment

NTE $ 75,000.00

1008 Career Technical Skills Training

NTE $ 50,000.00

GRAND TOTAL – OPTION PERIOD ONE (CLINs 1002 through 1008) $ _____________

SOLICITATION NUMBER: 1605JW-20-R-00011 Laredo JCC and OA/CTS Combination FP RFP

OPTION 2 Period of Performance: August 01, 2024 – July 31, 2025

Center Operations 100% Average OBS Type: Fixed Price with Price Adjustment (FP/PA)

12 MO $ ______________

2003 Management Fee – 1% of Center Operations Price 12 MO $_______________

CLIN Supplies/Service QTY Unit Unit

2007 Equipment

NTE $ 75,000.00

2008 Career Technical Skills Training

NTE $ $50,000.00

GRAND TOTAL – OPTION PERIOD TWO (CLINs 2002 through 2008) $ _____________

SOLICITATION NUMBER: 1605JW-20-R-00011 Laredo JCC and OA/CTS Combination FP RFP

OPTION 3 Period of Performance: August 01, 2025 – July 31, 2026

Center Operations 100% Average OBS Type: Fixed Price with Price Adjustment (FP/PA)

12 MO $ ______________

3003 Management Fee – 1% of Center Operations Price 12 MO $_______________

CLIN Supplies/Service QTY Unit Unit

3007 Equipment

NTE $ 75,000.00

3008 Career Technical Skills Training

NTE $ 50,000.00

GRAND TOTAL – OPTION PERIOD THREE (CLINs 3002 through 3008) $ _____________

SOLICITATION NUMBER: 1605JW-20-R-00011 Laredo JCC and OA/CTS Combination FP RFP

PHASE OUT

CLIN Supplies/Service QTY Unit Unit Price Amount

3009 Phase Out (FP) 1 MO $ ______________

GRAND TOTAL – ALL CLINS AND ALL PERIODS

(0001 THROUGH 3009) $ _____________

SOLICITATION NUMBER: 1605JW-20-R-00011 Laredo JCC and OA/CTS Combination FP RFP

SECTION C. STATEMENT OF WORK

INTRODUCTION

This Statement of Work sets forth the contract performance requirements for the operation and management of the Laredo Job Corps Center located at 1701 Island Street Laredo, Texas 78041. The Statement of Work sets forth performance requirements regarding Center Operations, Outreach and Admissions services as well as Post-Center Career Transition Services.

INCORPORATION OF CONTRACTOR’S PROPOSAL AS REQUIREMENTS OF

THE CONTRACT

The contractor’s proposal, including but not limited to the technical approach and staff resources section, is incorporated by reference. The contractor’s entire proposal shall be incorporated into the contract. As a result, the offeror’s proposed technical and staffing approaches, including specific staffing resources, processes, and tasks, which are described in the proposal and which go beyond the minimum requirements stated in the SOW and PRH, shall become requirements.

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 the Workforce Innovation and Opportunity Act, Public Law 113-128 (29 U.S.C. Sec. 3101, et.

seq.) (WIOA).

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. Governing Statute, Regulations, and Handbook

The Contractor shall comply with the requirements of WIOA and DOL’s implementing regulations for the Job Corps Program, found at Title 20, Chapter V, Part 686 (“Regulations”). Additional operations and reporting requirements for the Job Corps’ program are found in DOL’s Policy and Requirements Handbook (PRH). The Contractor shall comply with the PRH, which is hereby incorporated by reference in the Contract.

SOLICITATION NUMBER: 1605JW-20-R-00011 Laredo JCC and OA/CTS Combination FP RFP

DOL routinely updates and amends the PRH. The Contractor shall be responsible for complying with all updates and amendments. The PRH is available at:

https://prh.jobcorps.gov/Pages/Home.aspx.

In the event of any direct and irreconcilable conflict between a provision in the PRH and another term of this Contract regarding Job Corps operation and reporting requirements, the contract controls.

PRH, Chapter 5.7, R.1, R.2 and R.3 are not applicable to FP contracts and are not contract requirements. Chapter 5.7, Appendix 502 and Appendix 503 are not applicable to FP type contracts and are not requirements, this includes all associated Exhibits. However, the 2110S is still applicable to FP contracts and will be used to monitor vacancies and staff salaries.

C. Objective

The Contractor shall provide material, services, and all necessary personnel to operate a Job Corps Center (Center). The Contractor shall provide enrolled students, meeting Job Corps’ eligibility criteria, as identified in WIOA and the PRH, with a comprehensive range of career development services leading to employment and long-term attachment to the workforce.

The Contractor shall:

1. Provide academic, career technical, career success, employability, and independent living skills training.

2. Provide basic health care, counseling, and other support services as required by the PRH.

3. Conduct program operations in a setting that is clean, well maintained, and safe.

4. Assist youth in obtaining employment, additional education or training, or entry into the

Armed Forces.

5. Provide support that prepares graduates to maintain long-term attachment to the labor market or further educational opportunities.

6. Integrate center operations with the local workforce development systems, employers, the business community, and community-based organizations.

D. Career Technical Training by National Office Contractors

A portion of the career technical training offered in this program may be training provided under separate contracts between the U.S. Department of Labor and one or more national training Contractors (NTCs) under the terms and conditions specified in the Memorandum of Understanding shown in the PRH. (Any training programs operated by NTCs are identified in Section C.2.C of the RFP.)

https://prh.jobcorps.gov/Pages/Home.aspx

SOLICITATION NUMBER: 1605JW-20-R-00011 Laredo JCC and OA/CTS Combination FP RFP

C.2 SITE SPECIFIC INFORMATION

The Laredo Job Corps Center is located near/in the city of Laredo, Webb County, in the state of Texas. The property and site are described in the Facility Survey, Vol. 1 and 2, dated January 16, 2020, which is available as an electronic attachment to this RFP in Section J. List of Attachments, Attachment J-9.

A. Youth screened for the Job Corps program shall come from workforce development areas in the state of Texas as follows:

• Workforce Solutions for South Texas

• Workforce Solutions Lower Rio Grande Valley

• Workforce Solutions Cameron County

The Contractor shall be expected to recruit and screen sufficient numbers of applicants to generate arrivals in accordance with the delivery schedule in Section F. Note: This could include recruiting and screening arrivals for more than one Job Corps Center.

The Contractor will perform recruitment activities only within the designated Recruitment Zone. Prospective applicants who reside within the Recruitment Zone will be automatically referred to the appropriate admissions office. A digital map of Job Corps recruitment zones is available at https://neapmap.com.

B. The center shall operate at a planned, average on-board strength as noted below:

Category Number

Residential Male Students 99

Residential Female Students 85 Subtotal Residential Students 184

Nonresidential Male Students 15

Nonresidential Female Students 21 Subtotal Nonresidential Students 36

Total Planned Average On-Board Strength 220

The Contractor shall continue to pursue activities to ensure OBS levels are maintained in accordance with the contract throughout the contract period. The OBS is a measurement of the contractor’s capacity utilization on the Job Corps centers. An OBS average is a calculation of the center’s capacity utilization over an identified period of time. The Contractor agrees to maintain the OBS level as specified above in Section C.2.B. Center Design. The requirement to operate the Center at 100% OBS applies independently of the annual arrivals requirements. The Contractor is required to deliver enrollees at higher https://neapmap.com/

SOLICITATION NUMBER: 1605JW-20-R-00011 Laredo JCC and OA/CTS Combination FP RFP numbers than specified here if that is necessary to attain and/or maintain full capacity (100% OBS) at the Center they are operating

C. Career technical training programs will be offered in accordance with requirements of the Job Corps PRH, as follows:

Career Technical Training Offering

E-TAR Code

Training Slots (0.5)

Electrical ELECT-100-OJC-14 24 Facilities Maintenance FACMA-100-OJC-14 24 Culinary Arts CULIN-100-OJC-19 30 Welding WELDG-100-OJC-14 48 Security and Protective Services SECUR-100-OJC-13 30 Certified Nurse Assistant NURSE-100-OJC-15 30 Advanced Career Training (ACT) COLLG-600-ACT-14 4

TOTAL SLOTS 190

*Indicates programs offered by National Training Contractors (NTCs)

PLEASE NOTE: Delivery of Career Technical Training programs in accordance with PRH is at a location identified by the contractor.

D. 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. The Contractor shall be responsible for providing CTS services for all graduates and former enrollees within their eligibility period that separated under the prior operator.

E. Staff Housing is not available at this center:

F. On-Center Child Care Program is not required:

G. Phase-In and Phase-Out

The Government recognizes that if the incumbent contractor is not the successful Offeror, the successful Offeror will then assume responsibility over the Job Corps center operations. The incoming contractor will have a phase-in period to become familiar with the center, as well as time to interview and hire staff necessary to operate the center. The successful Offeror will be required to take over complete operation of the center once the phase-in period is complete. There will be only one contractor responsible for center operations at any given time. Phase-In preparations shall not cause any unreasonable disruption/interference with the departing contractor's operation. When the new contractor assumes operations, the former contractor shall not cause any unreasonable disruption/interference upon departure.

SOLICITATION NUMBER: 1605JW-20-R-00011 Laredo JCC and OA/CTS Combination FP RFP

H. Failure to maintain staffing levels

The contractor shall have a maximum staff vacancy rate not exceeding 4% of the total number of staff positions. In addition, replacement staff for vacancies in the following positions shall be hired within the identified number of calendar days from the date that the position becomes vacant.

Position Calendar Days Center Director 30 Senior Residential Counselor or Advisor 30 Security Personnel 30 Academic Supervisor 30 CTT Instructors 30 Counselors 30 Maintenance Personnel 30 Food Service Personnel 30 Academic Instructors 30 Health and Wellness 30

SOLICITATION NUMBER: 1605JW-20-R-00011 Laredo JCC and OA/CTS Combination FP RFP

SECTION D. PACKAGING AND MARKING

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

SOLICITATION NUMBER: 1605JW-20-R-00011 Laredo JCC and OA/CTS Combination FP RFP

SOLICITATION NUMBER: 1605JW-20-R-00011 Laredo JCC and OA/CTS Combination FP RFP

SECTION E. INSPECTION AND ACCEPTANCE

E.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

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

NUMBER TITLE DATE

52.246-4 INSPECTION OF SERVICES -- FIXED-PRICE AUG 1996

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.

SOLICITATION NUMBER: 1605JW-20-R-00011 Laredo JCC and OA/CTS Combination FP RFP

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

52.242-15 STOP-WORK ORDER AUG 1989

F.2 TYPE OF CONTRACT

This is a contract consisting of Fixed Price (FP), Fixed Price with Price Adjustment (FP/PA), and Cost (C), with specified Not-to-Exceed (NTE) amounts.

F.3 PERIOD OF PERFORMANCE

Phase In: If appropriate, for the purpose of assuming the responsibility of center operations, the Contractor shall perform necessary phase-in functions for a period of 30 days (or one month).

Operations: Center Operations shall commence in accordance with Section B of the contract.

Outreach and Admissions and Career Transition Services shall commence on (insert date if different than time of award).

Phase Out: If appropriate, for the purpose of transitioning the responsibility of center operations, the Contractor shall perform necessary phase-out functions from (insert dates).

F.4 PLACE OF PERFORMANCE

Identified in Section C of this solicitation.

SOLICITATION NUMBER: 1605JW-20-R-00011 Laredo JCC and OA/CTS Combination FP RFP

F.5 DELIVERABLES

In addition to those deliverables required in the PRH, the Contractor shall, when applicable adhere to the following input schedule below:

The requirement to operate the Center at 100% OBS (see Section C.2.B), applies independently of the annual arrivals requirements in these tables. The Contractor is required to deliver enrollees at higher numbers than specified here if that is necessary to attain and/or maintain full capacity (100% OBS) at the Center they are operating.

Annual Arrival by Center - Enrollee Assignment Plan

Center Male

Residential Male Non

Residential Female

Residential Female Non Residential Total

Laredo 99 15 85 21 240 Gary 109 91 200

Grand Total 440

Arrival Schedule for the Laredo JCC

Month Male Female Total April 12 9 21 May 11 9 20 June 11 8 19 July 11 8 19 August 12 10 22 September 15 10 25 October 14 10 24 November 11 8 19 December 7 8 15 January 8 8 16 February 10 9 19 March 12 9 20

TOTAL 134 106 240

Arrival Schedule for the Gary JCC

Month Male Female Total April 10 8 18 May 9 8 17 June 9 7 16 July 9 7 16 August 10 8 18 September 12 8 20 October 12 8 20

SOLICITATION NUMBER: 1605JW-20-R-00011 Laredo JCC and OA/CTS Combination FP RFP

November 9 7 16 December 6 7 13 January 6 7 13 February 8 8 16 March 9 8 17

TOTAL 109 91 200

TOTAL

ARRIVALS

243 197 440

SOLICITATION NUMBER: 1605JW-20-R-00011 Laredo JCC and OA/CTS Combination FP RFP

F.6 PERFORMANCE MEASURES

The Contractor’s obligations regarding performance outcomes are set out in the PRH. Generally, the Government will measure performance through the program’s performance management system which is comprised of four Outcome Measurement System (OMS) Report Cards. The four Report Cards are Outreach and Admissions (OA) Report Card OAOMS; Center Report Card Center OMS; Career Transition Services (CTS) Report Card (POMS); and Career Technical Training (CTT) Report Card CTT. Each report is designed to reflect results in a specific area of student services and represents a discrete pool of students.

To add to the quantitative components of the performance system, there are additional reports that evaluate center quality, providing an additional view of the program’s performance. These reports are the Student Satisfaction Survey (SSS); Weekly, Monthly and Cumulative On-Board Strength Reports; the Monthly Center Summary Report (MPO 35); and the Contractor Performance Assessment Report (CPAR).

SOLICITATION NUMBER: 1605JW-20-R-00011 Laredo JCC and OA/CTS Combination FP RFP

SECTION G. CONTRACT ADMINISTRATION DATA

G.1 DOLAR 2952.201-70 CONTRACTING OFFICER'S REPRESENTATIVE (COR)

CLAUSE

(a) A Contracting Officer's Representative (COR) will be delegated upon award. A copy of the delegation memorandum will be provided to the COR and a delegation letter sent to the vendor.

(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 serves to accomplish the contractual scope of work; evaluating performance; and certifying all invoices/vouchers for acceptance of the supplies or services furnished for payment.

(c) The 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.

(End of clause)

G.2 FEES

Payment of Management Fees:

The contractor will earn a 1% Management Fee for Center Operations ONLY (CLIN XX02), in accordance with WIOA. The Contractor shall bill the Management Fee on a monthly basis.

DOL will reduce the Management Fee, based on changes in OBS, in accordance with Section G.9.

G.3 INVOICE REQUIREMENTS

DOL-2019-03 Submission of Invoices (August 2019)

A. Applicability Contracting Officers shall insert this clause in all solicitations and awards. For existing awards, the Contracting Officer will determine whether the contract action should be modified to incorporate the clause.

B. Definitions

SOLICITATION NUMBER: 1605JW-20-R-00011 Laredo JCC and OA/CTS Combination FP RFP

None

C. Requirements

1. Electronic Invoice Submittal

2. Electronic Invoice Submittal Invoices shall be submitted on a monthly basis. Each invoice shall be numbered consecutively and shall include billing at the CLIN identified in the contract, along with any accompanying supporting documentation required.

For the purpose of this contract, the COR is hereby designated the authorized representative for the Contracting Officer for processing payment of invoices, except for the final invoice, it shall be forwarded to the Contracting Officer.

(a) Definitions as used in this clause:

1) Contract financing payment has the meaning given in FAR 32.001

2) Invoice payment has the meaning given in FAR 32.001

3) Payment request means any request for contract financing payment or invoice payment submitted by the Contractor under this contract.

(b) Electronic Payment Requests:

Except as provided in Paragraph (f) of this clause, the Contractor shall submit payment requests in electronic form. Purchases paid with a Government-wide commercial purchase card are considered to be an electronic transaction for purposes of this clause, and therefore no additional electronic invoice submission is required.

(c) Data Transmission. A Contractor must ensure that the data transmission method and format comply with the following provisions:

(1) An original invoice (sample invoice, Attachment J.20) shall be prepared and submitted to the Department of Labor (DOL) by email to:

marquez.margarita@dol.gov Support@dol.gov McCoy.Demoyn@dol.gov (COR)

(2) The Contractor shall:

i. Address the invoice to the appropriate e-mail address specified in the contract.

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

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

1. Contractor Name

2. DOL Agency

3. Contract Number mailto:marquez.margarita@dol.gov mailto:Support@dol.gov mailto:McCoy.Demoyn@dol.gov

SOLICITATION NUMBER: 1605JW-20-R-00011 Laredo JCC and OA/CTS Combination FP RFP

4. Invoice Number (consecutively numbered)

5. Invoice Amount (CRA, OPS, OA, CTS) as required

6. Example: ABC Co, OASAM, DOL00-00-X0000/X0000, Invoice Number

AB-1298433, $15,000.00.

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

(4) Before sending another e-mail with the same invoice attachment, confirm whether DOL has already responded and/or whether you have received a success or failure response to your submission.

(5) The Contractor MUST NOT:

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

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

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

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

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

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

v. Attempt to use the “Recall or Resend” email message feature.

(d) General Information.

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

Inquiries regarding invoices should be emailed to XXXXXXXInvoiceInquiries@dol.gov.

The relevant invoice and supplemental documentation must be attached to the inquiry e-mail and the subject line of the e-mail must state “INQUIRY,” followed by the information described in paragraph 2n (iii) above.

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

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

(e) Invoice requirements.

Invoices shall comply with FAR 32.905.

mailto:XXXXXXXInvoiceInquiries@dol.gov https://www.acquisition.gov/far/current/html/Subpart%2032_9.html#wp1032997

SOLICITATION NUMBER: 1605JW-20-R-00011 Laredo JCC and OA/CTS Combination FP RFP

(f) Exceptions.

1) Paper invoices and supplemental documentation should only be faxed or mailed through U.S. mail when electronic mail cannot be accomplished.

2) When invoices must be faxed due to e-mail size limitations, fax them to:

972-850-4127

3) When paper invoices must be mailed due to e-mail size limitations, mail them to the following address:

U.S. Department of Labor Office of Financial Management Operations 525 Griffin Street Dallas, TX 75202

(g) If invoice includes amounts attributed to a prior billing period, but not previously billed, the Contractor shall cite the amount(s) and month(s) in which the amounts are applicable.

1) Billing Period: Insert the beginning and ending dates (month, day, and year) of the billing period.

(h) Certification: The Contractor shall include the following certification at the bottom of each payment request: “Pursuant to authority vested in me, I certify that this invoice is correct and proper for payment.”

End of Clause

G.4 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 conditions of this contract. All requests for interpretations, modifications, or changes shall be made in writing to the Contracting Officer.

G.5 REMEDIES FOR CONTRACTOR FAILURE TO COMPLY WITH SEPARATION

AND LEAVE REQUIREMENTS

The contractor agrees to comply with the requirements in this Contract and the PRH regarding the separation of students from the program and the authorization and recording of student leave.

A violation of those requirements results in inaccurate enrollment numbers, which in turn leads to inflated payments to the Contractor and other costs to the Government, some of which are difficult-to-quantify opportunity costs.

The Contractor agrees that as a remedy for such violations, the Contractor will pay the Government an amount calculated by multiplying the total number of Invalid Days by fifteen percent (15%) of the Student Per Day Amount. The number of Invalid Days is the number of

SOLICITATION NUMBER: 1605JW-20-R-00011 Laredo JCC and OA/CTS Combination FP RFP calendar days a student was improperly listed as enrolled (in the reported on-board strength) or granted invalid leave. If multiple students were improperly listed or granted invalid leave, the number of Invalid Days is the sum of such days for each student. The Student Per Day Amount is calculated as set forth in the Table below.

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

G.6 REMEDIES FOR CONTRACTOR FAILURE TO COMPLY WITH OTHER

ENROLLMENT REQUIREMENTS

The contractor agrees to comply with the 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 OBS). 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 Price (see Section G.5). This “Per Day Price” is then multiplied by the total number of days that the ineligible student was in the program.

If the annual student price 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 OBS.

G.7 REMEDIES FOR CONTRACTOR FAILURE TO COMPLY WITH PLACEMENT

REQUIREMENTS

As a remedy for the violation of the requirements of the Contract regarding CTS as identified in the PRH, the contractor agrees to pay the government the costs associated with placements found

Calculation of Student Per Day Amount

Period of

Performance

CLIN X002

Total Price for Period

Planned

OBS

Number of

Days in Period of

Performance

Student Per Period

Amount

(CLIN

X002/OBS)

Student Per Day Amount

(Student Per Period

Amount/Number of Days)

Base Period: $ Option Period One:

Option Period Two:

Option Period Three:

Average $

SOLICITATION NUMBER: 1605JW-20-R-00011 Laredo JCC and OA/CTS Combination FP RFP to be invalid, and shall be required to reimburse the Government in the amount of $750 per invalid placement.

G.8 REMEDIES FOR MISREPORTED ACADEMIC AND CAREER TECHNICAL

TRAINING (CTT) CREDITS

As a remedy for the violation of the requirements of the Contract regarding Academic (High School Equivalency and High School Diploma, HSE/HSD) or CTT Completion as identified in the PRH, the contractor agrees to pay the government $200 for each misreported HSE/HSD, $500 for each misreported CTT Completion and $1,200 for each combination.

G.9 PRICE ADJUSTMENT FOR LESS-THAN-100% ON BOARD STRENGTH

The total contract value at the time of award will be based on Section B.2, Pricing Schedule, which is based on attaining and maintaining an average monthly OBS of 100% of the planned OBS. The Contract requires the Contractor to undertake every effort necessary to attain and/or maintain 100% average monthly OBS.

(The contractor will be permitted a grace period of three (3) months, for which the contractor can bill at the 100% OBS price, regardless of the actual average OBS for the month billed. The three month period shall begin during the first full month of center operation). Does not apply to incumbent contractor.

After the three month grace period, should the average monthly OBS level be less than 100% in any month, the Contractor’s price for the month will be adjusted downward based on the actual average OBS during that month. “Average OBS” means the OBS as established for the (CIS- >Accountability->Reports->Center Reports->Center On Board Strength Report->Select Reporting Period).

The reduction of the price pursuant to this clause is in addition to, and does not constitute a waiver by the Government of, other remedies available under the contract for the contractor’s failure to achieve 100% OBS.

The adjusted monthly price for less than 100% OBS shall computed based on the following formula:

Adjusted Monthly Price = CLIN XX02 Monthly Price x Adjustment Percentage

Adjustment Percentage = 100 – [(100 – “Average OBS”) / 100 x 15]

The following hypothetical examples are provided solely for the purpose of illustrating how the formula operates. Suppose that for the base period of the contract, the CLIN 0002 unit price per month is $1 million. In the fifth month of contract performance, the Average OBS for the Center was reported to be 64%. In that case, the Adjusted Monthly Price for that month, which is the amount that the Contractor would be entitled to receive is $955,460, calculated as follows:

SOLICITATION NUMBER: 1605JW-20-R-00011 Laredo JCC and OA/CTS Combination FP RFP

Adjustment Percentage = 100 – [(100 – “Average OBS”) / 100 x 15] 100 – [(100 – 64) / 100 x 15] 100 – [(36 / 100 x 15] 100 – 5.4%

Adjusted Monthly price = $1,000,000 x 94.6% $946,000

Management Fee (1%) = $9,460

At the end of each contract period, the Government will adjust via modification, the contract value for that period, to reflect the total price paid during the contract period.

G.10 SERVICE ORDERS

The government will place service orders for services and equipment under CLINS XX06 (CRA), XX07 (Equipment), and XX08 (CTST). Service orders will be placed via modification to the contract and only the contracting officer is authorized to issue such service orders via modification. Service orders shall be fixed price, unless otherwise specified by the contracting officer. Each service order will have its own number in accordance with the following number system:

a) Contract year is a two-digit number: 01 (1st year of base period), 02 (2nd year of base period), 03 (option period one), 04 (option period two), 05 (option period three), 06 (option to extend services);

b) Sequential Order Number is a four-digit sequential counter of the number of orders in that contract year; and,

c) Order Type is the order designation – CRA, EQU (Equipment) or CTST.

d) For CRA orders, the deficiency ID#.

For example, the first service order placed during the first year of base period for a CRA project would be numbered 01-0001-CRA-12345.

When a service order is placed, it will have a specified fixed price or estimated amount if the contracting officer determines that the service order must be cost reimbursement because the price cannot reasonably be determined prior to award.

G.11 FAILURE TO COMPLY WITH CONTRACT TERMS

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

52.203-8 (May 2014) Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity 52.203-10 (May 2014) Price or Fee Adjustment for Illegal or Improper Activity

SOLICITATION NUMBER: 1605JW-20-R-00011 Laredo JCC and OA/CTS Combination FP RFP

G.12 PAYMENT BY ELECTRONIC FUNDS TRANSFER – 52.204-7 System for Award Management.

SYSTEM FOR AWARD MANAGEMENT (OCT 2018)

(a) Definitions. As used in this provision—

“Electronic Funds Transfer (EFT) indicator” means a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the commercial, nonprofit, or Government entity to establish additional System for Award Management records for identifying alternative EFT accounts (see subpart 32.11) for the same entity.

“Registered in the System for Award Management (SAM)” means that—

(1) The Offeror has entered all mandatory information, including the unique entity identifier and the EFT indicator, if applicable, the Commercial and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see subpart 4.14), into the SAM;

(2) The offeror has completed the Core, Assertions, and Representations and Certification, and Points of contact sections of the registration in the SAM;

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The Offeror will be required to provide consent for TIN validation to the Government as a part of the SAM registration process.

(4) The Government has marked the record “Active”.

“Unique entity identifier” means a number or other identifier used to identify a specific commercial, nonprofit, or Government entity. See www.sam.gov for the designated entity for establishing unique entity identifiers.

(b)

(1) An Offeror is required to be registered in SAM when submitting an offer or quotation, and shall continue to be registered until time of award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “Unique Entity Identifier” followed by the unique entity identifier that identifies the Offeror’s name and address exactly as stated in the offer. The http://www.sam.gov/

SOLICITATION NUMBER: 1605JW-20-R-00011 Laredo JCC and OA/CTS Combination FP RFP

Offeror also shall enter its EFT indicator, if applicable. The unique entity identifier will be used by the Contracting Officer to verify that the Offeror is registered in the SAM.

(c) If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for establishment of the unique entity identifier directly to obtain one. The Offeror should be prepared to provide the following information:

(1) Company legal business name.

(2) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(3) Company physical street address, city, state and Zip Code.

(4) Company mailing address, city, state and Zip Code (if separate from physical).

(5) Company telephone number.

(6) Date the company was started.

(7) Number of employees at your location.

(8) Chief executive officer/key manager.

(9) Line of business (industry).

(10) Company Headquarters name and address (reporting relationship within your entity).

(d) Processing time should be taken into consideration when registering. Offerors who are not registered in SAM should consider applying for registration immediately upon receipt of this solicitation. See https://www.sam.gov for information on registration.

(End of Provision)

G.13 FAILURE TO COMPLY WITH SIGNIFICANT INCIDENT REPORTING AND

MANAGEMENT REQUIREMENTS

The contractor understands and agrees that the requirements to timely report and manage significant incidents as set forth in the PRH are material requirements of this contract. If the contractor fails to comply with those requirements, the government may seek appropriate remedies, which may include withholding of payment, the assessment of damages for breach of contract, and the termination of the contract for default. Failure to comply with significant incident reporting and management requirements may also lead to poor ratings in the contractor’s performance assessment reports and may, in certain cases, warrant referral of the contractor for suspension and/or debarment action. The failure to comply with these requirements also may give rise to liability for damages incurred by third parties, in which case http://www.sam.gov/ https://www.sam.gov/

SOLICITATION NUMBER: 1605JW-20-R-00011 Laredo JCC and OA/CTS Combination FP RFP the contractor agrees to indemnify and hold harmless the government against any such claims and related costs.

G.14 52.203-19 – PROHIBITION ON REQUIRING CERTAIN INTERNAL

CONFIDENTIALITY AGREEMENTS OR STATEMENTS (JAN 2017)

(a) Definitions. As used in this clause--

“Internal confidentiality agreement or statement” means a confidentiality agreement or any other written statement that the contractor requires any of its employees or subcontractors to sign regarding nondisclosure of contractor information, except that it does not include confidentiality agreements arising out of civil litigation or confidentiality agreements that contractor employees or subcontractors sign at the behest of a Federal agency.

“Subcontract” means any contract as defined in subpart 2.1 entered into by a subcontractor to furnish supplies or services for performance of a prime contract or a subcontract. It includes but is not limited to purchase orders, and changes and modifications to purchase orders.

“Subcontractor” means any supplier, distributor, vendor, or firm (including a consultant) that furnishes supplies or services to or for a prime contractor or another subcontractor.

(b) The Contractor shall not require its employees or subcontractors to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting waste, fraud, or abuse related to the performance of a Government contract to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information (e.g., agency Office of the Inspector General).

(c) The Contractor shall notify current employees and subcontractors that prohibitions and restrictions of any preexisting internal confidentiality agreements or statements covered by this clause, to the extent that such prohibitions and restrictions are inconsistent with the prohibitions of this clause, are no longer in effect.

(d) The prohibition in paragraph (b) of this clause does not contravene requirements applicable to Standard Form 312 (Classified Information Nondisclosure Agreement), Form 4414 (Sensitive Compartmented Information Nondisclosure Agreement), or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(e) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015, (Pub. L. 113-235), and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions) use of funds appropriated (or otherwise made available) is prohibited, if the Government determines that the Contractor is not in compliance with the provisions of this clause.

(f) The Contractor shall include the substance of this clause, including this paragraph (f), in subcontracts under such contracts.

http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/FAR02.doc#s21

SOLICITATION NUMBER: 1605JW-20-R-00011 Laredo JCC and OA/CTS Combination FP RFP

G.15 DOL 2018-03 RECORDS MANAGEMENT REQUIREMENTS (AUGUST 2018)

The Contracting Officer shall insert this clause in all solicitations and awards in which the Contractor creates, works with, or otherwise handles Federal records, as defined in Section B, regardless of the medium in which the record exists.

"Federal record" as defined in 44 U.S.C. 3301, includes all recorded information, regardless of form or characteristics, made or received by a Federal agency under Federal law or in connection with the transaction of public business and preserved or appropriate for preservation by that agency or its legitimate successor as evidence of the organization, functions, policies, decisions, procedures, operations, or other activities of the United States Government or because of the informational value of data in them.

The term Federal record:

1. Includes Department of Labor (DOL) records.

2. Does not include personal materials.

3. Applies to records created, received, or maintained by Contractors pursuant to their DOL contract.

4. May include deliverables and documentation associated with deliverables.

1. Contractor shall comply with all applicable records management laws and regulations, as well as National Archives and Records Administration (NARA) records policies, including but not limited to the Federal Records Act (44 U.S.C. chs. 21, 29, 31, 33), NARA regulations at 36 CFR Chapter XII Subchapter B, and those policies associated with the safeguarding of records covered by the Privacy Act of 1974 (5 U.S.C. 552a). These policies include the preservation of all records, regardless of form or characteristics, mode of transmission, or state of completion.

2. In accordance with 36 CFR 1222.32(b), all data created for Government use and delivered to, or falling under the legal control of, the Government are Federal records subject to the provisions of 44 U.S.C. chapters 21, 29, 31, and 33, the Freedom of Information Act (FOIA) (5 U.S.C. 552), as amended, and the Privacy Act of 1974 (5 U.S.C. 552a), as amended and

SOLICITATION NUMBER: 1605JW-20-R-00011 Laredo JCC and OA/CTS Combination FP RFP must be managed and scheduled for disposition only as permitted by statute or regulation.

3. In accordance with 36 CFR 1222.32, Contractor shall maintain all records created for Government use or created in the course of performing the contract and/or delivered to, or under the legal control of the Government and must be managed in accordance with Federal law. Electronic records and associated metadata must be accompanied by sufficient technical documentation to permit understanding and use of the records and data.

4. DOL and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation.

Records may not be removed from the legal custody of DOL or destroyed except for in accordance with the provisions of the applicable agency schedules and with the written concurrence of the Head of the Contracting Activity in consultation with the Agency Records Officer.