NDW CYP SPACE BUY DOWN RFP.pdf

SOLICITATION, OFFER AND AWARD

1. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 700)

RATING PAGE OF PAGE

1 53

2. CONTRACT NUMBER 3. SOLICITATION NUMBER 4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

5. DATE ISSUED 6. REQUISITION/PURCHASE

NUMBER

NAFNDW-25-R-2002 20DEC2024

7. ISSUED BY CODE 8. ADDRESS OFFER TO (If other than item 7)

NAVAL DISTRICT WASHINGTON DC

PROCUREMENT OFFICE

47402 BUSE RD. BLDG 467

PATUXENT RIVER MD 20670

POC: GARY R. BANASZAK 301-342-0950

GARY.R.BANASZAK.NAF@US.NAVY.MIL

NOTE: In sealed bid solicitations “offer” and “offeror” mean “bid” and “bidder”.

SOLICITATION

9. Sealed offers in original and SEE PARA L-5.1. copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if hand carried, in the depository located in N/A until 2PM EST local time 30 JANUARY 2025

(Hour) (Date) CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. L-6. All offers are subject to all terms and conditions contained in this solicitation.

10. FOR

INFORMATION

CALL:

A. NAME B. TELEPHONE (NO COLLECT CALLS) C. E-MAIL ADDRESS

GARY R. BANASZAK

AREA CODE NUMBER EXT.

GARY.R.BANASZAK.NAF@US.NAVY.MIL

301 342-0950

11. TABLE OF CONTENTS

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

PART I - THE SCHEDULE PART II - CONTRACT CLAUSES

X A SOLICITATION/CONTRACT FORM 1 X I CONTRACT CLAUSES 25

X B SUPPLIES OR SERVICES AND PRICES/COSTS 2 PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.

X C DESCRIPTION/SPECS./WORK STATEMENT 6 X J LIST OF ATTACHMENTS 33

D PACKAGING AND MARKING 12 PART IV - REPRESENTATIONS AND INSTRUCTIONS

X E INSPECTION AND ACCEPTANCE 12 X

K

REPRESENTATIONS, CERTIFICATIONS AND OTHER

STATEMENTS OF OFFERORS

X F DELIVERIES OR PERFORMANCE 13

X G CONTRACT ADMINISTRATION DATA 13 X L INSTRS., CONDS., AND NOTICES TO OFFERORS 43

X H SPECIAL CONTRACT REQUIREMENTS 14 X M EVALUATION FACTORS FOR AWARD 50

OFFER (Must be fully completed by offeror)

12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

13. DISCOUNT FOR PROMPT PAYMENT 10 CALENDAR DAYS (%) 20 CALENDAR DAYS (%) 30 CALENDAR DAYS (%) CALENDAR DAYS (%)

(See Section I, Clause No. 17)

14. ACKNOWLEDGMENT OF AMEND-

MENTS (The offeror acknowledges receipt of amendments to the SOLICITATION for offerors and related documents numbered and dated):

AMENDMENT NO. DATE AMENDMENT NO. DATE

15A. NAME AND

ADDRESS

OF OFFEROR

CODE FACILITY 16. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER

(Type or print)

15B. TELEPHONE NUMBER

15C. CHECK IF REMITTANCE ADDRESS

IS DIFFERENT FROM ABOVE - ENTER

SUCH ADDRESS IN SCHEDULE.

17. SIGNATURE 18. OFFER DATE

AREA CODE NUMBER EXT.

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

NON APPROPRIATED FUNDS

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION: 23. SUBMIT INVOICES TO ADDRESS

SHOWN IN (4 copies unless otherwise specified)

ITEM

10 U.S.C. 2304(c) ( ) 41 U.S.C. 253(c) ( ) See Section G

24. ADMINISTERED BY (If other than Item 7) CODE 25. PAYMENT WILL BE MADE BY CODE

NDW REGIONAL ACCOUNTING OFFICE

47402 BUSE RD. BLDG 467

PATUXENT RIVER MD 20670

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

(Signature of Contracting Officer)

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)

NAFNDW-25-R-2002

PART I, SECTION B: SUPPLIES OR SERVICES AND PRICES/COSTS

B-1. GENERAL. This is a procurement of the Naval District Washington Fleet (NDW) and Family Readiness

Program (FFRP) Nonappropriated Funds Instrumentality (NAFI), hereinafter referred to as NAFI.

B-2. TYPE OF CONTRACT. It is anticipated that this solicitation is to be awarded as a Firm-Fixed-Price type contract with an awarded period of one (1) base year with four (4) one-year option periods.

B-3. SUPPLIES AND/OR SERVICES PRICE/COST SCHEDULE. Offeror is to fill in the proposed pricing table below (B-6). The Government will utilize that list of CLINS for issuing the final contract.

Renegotiation of estimated option year costs can occur prior to awarding that option year.

B-4. AWARD. Multiple awards may be granted. Upon award of contract, Sections K, L, and M of the solicitation will be removed, and the Contractor’s technical proposal, including any revisions will be incorporated by reference, (Clause 16, Order of Precedence). There is no guarantee of option year award.

B-5. INCURRED COST: The NAFI will not be liable for any costs incurred by the offeror in submitting offers in response to this Request for Proposal (RFP).

B-6. PRICING

Child Care Buy-Down Spaces Washington Navy Yard (WNY) (para. C-6.2.)

Base Year Period of Performance: (Dates To Be Determined (TBD))

CLIN

CLIN Description (Child Age Group)

CLIN

Type Unit

Qty (Spaces)

Monthly Not to Exceed Cost per Space*

12 Month Total Not to Exceed

Cost (Qty of Spaces by Age Group x Monthly Cost per Space)

CLIN

Infant (Birth to 15 months of age) FFP EA $ -

CLIN

Toddler/Two (12 to 36 months of age)

FFP EA $ -

CLIN

Preschool (30 months to 5 years of age)

FFP EA $ -

CLIN

Kindergarten (enrolled in public/private kindergarten)

FFP EA $ -

Total Base Year Not To Exceed Cost $ -

Option Year One Period of Performance (WNY): (Dates TBD)

CLIN

CLIN Description (Child Age Group)

CLIN

Type Unit

Qty (Spaces)

Monthly Not to Exceed Cost per Space*

12 Month Total Not to Exceed

Cost (Qty of Spaces by Age Group x Monthly Cost per Space)

CLIN

Infant (Birth to 15 months of age) FFP EA $ -

CLIN

Toddler/Two (12 to 36 months of age)

FFP EA $ -

CLIN

Preschool (30 months to 5 years of age)

FFP EA $ -

CLIN

Kindergarten (enrolled in public/private kindergarten)

Total Option Year 1 Not To Exceed Cost $ -

Option Year Two Period of Performance (WNY): (Dates TBD)

CLIN Description (Child Age Group)

CLIN

Type Unit

Qty (Spaces)

Monthly Not to Exceed Cost per Space*

12 Month Total Not to Exceed

Cost (Qty of Spaces by Age Group x Monthly Cost per Space)

CLIN

Infant (Birth to 15 months of age) FFP EA $ -

CLIN

Toddler/Two (12 to 36 months of age)

FFP EA $ -

CLIN

Preschool (30 months to 5 years of age)

FFP EA $ -

CLIN

Kindergarten (enrolled in public/private kindergarten)

FFP EA $ -

Total Option Year 2 Not To Exceed Cost $ -

Option Year Three Period of Performance (WNY): (Dates TBD)

CLIN

CLIN Description (Child Age Group)

CLIN

Type Unit

Qty (Spaces)

Monthly Not to Exceed Cost per Space*

12 Month Total Not to Exceed

Cost (Qty of Spaces by Age Group x Monthly Cost per Space)

CLIN

Infant (Birth to 15 months of age) FFP EA $ -

CLIN

Toddler/Two (12 to 36 months of age)

FFP EA $ -

CLIN

Preschool (30 months to 5 years of age)

FFP EA $ -

CLIN

Kindergarten (enrolled in public/private kindergarten)

Total Option Year 3 Not To Exceed Cost $ -

Option Year Four Period of Performance (WNY): (Dates TBD)

CLIN Description (Child Age Group)

CLIN

Type Unit

Qty (Spaces)

Monthly Not to Exceed Cost per Space*

12 Month Total Not to Exceed

Cost (Qty of Spaces by Age Group x Monthly Cost per Space)

CLIN

Infant (Birth to 15 months of age) FFP EA $ -

CLIN

Toddler/Two (12 to 36 months of age)

FFP EA $ -

CLIN

Preschool (30 months to 5 years of age)

FFP EA $ -

CLIN

Kindergarten (enrolled in public/private kindergarten)

Total Option Year 4 Not To Exceed Cost $ -

Total Contract Not to Exceed Cost (WNY) (Base plus Four Option Years) $ -

*Total cost to operate space, do not include any parent fee income offsets projected to be received. If awarded, DoD will pay contractor the monthly not to exceed cost less any parent fees received for enrolled spaces.

Child Care Buy-Down Spaces Pentagon (PNT) (para. C-6.3.)

Base Year Period of Performance: (Dates TBD)

CLIN

CLIN Description (Child Age Group)

CLIN

Type Unit

Qty (Spaces)

Monthly Not to Exceed Cost per Space*

12 Month Total Not to Exceed

Cost (Qty of Spaces by

Age Group x Monthly Cost per

Space)

CLIN

Infant (Birth to 15 months of age) FFP EA $ -

CLIN

Toddler/Two (12 to 36 months of age)

FFP EA $ -

CLIN

Preschool (30 months to 5 years of age)

FFP EA $ -

CLIN

Kindergarten (enrolled in public/private kindergarten)

Total Base Year Not To Exceed Cost $ -

Option Year One Period of Performance (PNT): (Dates TBD)

CLIN Description (Child Age Group)

CLIN

Type Unit

Qty (Spaces)

Monthly Not to Exceed Cost per Space*

12 Month Total Not to Exceed

Cost (Qty of Spaces by

Age Group x Monthly Cost per

Space)

CLIN

Infant (Birth to 15 months of age) FFP EA $ -

CLIN

Toddler/Two (12 to 36 months of age)

FFP EA $ -

CLIN

Preschool (30 months to 5 years of age)

FFP EA $ -

CLIN

Kindergarten (enrolled in public/private kindergarten)

Total Option Year 1 Not To Exceed Cost $ -

Option Year Two Period of Performance (PNT): (Dates TBD)

CLIN Description (Child Age Group)

CLIN

Type Unit

Qty (Spaces)

Monthly Not to Exceed Cost per Space*

12 Month Total Not to Exceed

Cost (Qty of Spaces by

Age Group x Monthly Cost per

Space)

CLIN

Infant (Birth to 15 months of age) FFP EA $ -

CLIN

Toddler/Two (12 to 36 months of age)

FFP EA $ -

CLIN

Preschool (30 months to 5 years of age)

FFP EA $ -

CLIN

Kindergarten (enrolled in public/private kindergarten)

Total Option Year 2 Not To Exceed Cost $ -

Option Year Three Period of Performance (PNT): (Dates TBD)

CLIN Description (Child Age Group)

CLIN

Type Unit

Qty (Spaces)

Monthly Not to Exceed Cost per Space*

12 Month Total Not to Exceed

Cost (Qty of Spaces by

Age Group x Monthly Cost per

Space)

CLIN

Infant (Birth to 15 months of age) FFP EA $ -

CLIN

Toddler/Two (12 to 36 months of age)

FFP EA $ -

CLIN

Preschool (30 months to 5 years of age)

FFP EA $ -

CLIN

Kindergarten (enrolled in public/private kindergarten)

Total Option Year 3 Not To Exceed Cost $ -

Option Year Four Period of Performance (PNT): (Dates TBD)

CLIN Description (Child Age Group)

CLIN

Type Unit

Qty (Spaces)

Monthly Not to Exceed Cost per Space*

12 Month Total Not to Exceed

Cost (Qty of Spaces by

Age Group x Monthly Cost per

Space)

CLIN

Infant (Birth to 15 months of age) FFP EA $ -

CLIN

Toddler/Two (12 to 36 months of age)

FFP EA $ -

CLIN

Preschool (30 months to 5 years of age)

FFP EA $ -

CLIN

Kindergarten (enrolled in public/private kindergarten)

Total Option Year 4 Not To Exceed Cost $ -

Total Contract Not to Exceed Cost (PNT) (Base plus Four Option Years)

*Total cost to operate space, do not include any parent fee income offsets projected to be received. If awarded, DoD will pay contractor the monthly not to exceed cost less any parent fees received for enrolled spaces.

(END OF SECTION B)

PART I, SECTION C: DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

PERFORMANCE WORK STATEMENT

C-1. INTRODUCTION.

The Department of Defense (DoD) views childcare as a workforce enabler that directly impacts the readiness, efficiency, and retention of the total DoD personnel workforce. DoD recognizes the importance of providing military families with access to quality, affordable childcare programs, and is committed to meeting their childcare requirements. DoD operates a comprehensive system of care for children from birth through 12 years of age through a variety of delivery options including DoD operated installation-based child development and school-age/youth facilities, DoD certified/subsidized family childcare homes, and a U.S.-wide fee assistance program for qualifying community-based childcare programs. Despite this comprehensive system of care, DoD faces capacity challenges in meeting the childcare needs of military families specifically for children ages 6 weeks to 5 years of age in some geographic locations.

C-2. SCOPE.

Organization(s) with proven childcare experience to provide and operate quality facility/center-based early childhood (childcare) spaces serving children 6 weeks to 5 years of age for DoD personnel year-round:

C-2.1. Provide dedicated, full-time childcare spaces at specified quantities and geographic areas exclusively for eligible DoD personnel within existing, operational public and private childcare centers.

C-2.2. Geographic areas are located off a military installation.

C-2.3. Manage and enroll spaces for eligible DoD personnel using the DoD global waiting list management system (MilitaryChildCare.com). Applicable contract personnel responsible for accessing

MilitaryChildCare.com will be required to obtain a DoD Common Access Card (CAC).

C-2.4. Compute, charge and manage parent fees the same as current/specified DoD rates based on total family income with a per space operating subsidy to be paid to the Contractor from DoD based on the difference between parent fees received by the Contractor and the contractually agreed upon per space total operating cost based on the Contractor’s published parent fees for all customers. DoD personnel shall not be charged any additional fees.

C-2.5. Facility(s) must be licensed by the State and/or approved by DoD to operate on federal property/jurisdiction. It is desirable that the program/spaces are participating in the DoD MCCYN PLUS program and/or nationally accredited by a DoD recognized organization.

C-2.6. Meet DoD (or State equivalent) background check screening requirements for all personnel working in the facility(s).

C-2.7. Provide all meals and snacks that meet the USDA Child and Adult Care Food Program requirements for frequency and nutrition requirements.

C-2.8. Programs will be subject to DoD quality oversight inspections.

C-3. BACKGROUND.

Navy Child & Youth Program (CYP) supports military and Department of Defense (DoD) families worldwide as they protect and serve our country. We do this by providing high quality, innovative, accessible, and affordable childcare that supports school readiness, and recreational programs for military and children and youth worldwide.

C-3.1. A leader in childcare reform, Navy CYP has aggressively responded to the requirements of the 1989

Military Child Care Act (MCCA) by raising the bar for quality expectations, increasing performance and outcomes criteria, and investing in critical resources including personnel, professional development, facilities, and technology. Today, Navy CYP is known and well respected for the tremendous impact it has had on the entire early childhood and youth services landscape—not just for military childcare and the families it serves, but also for children and families who participate in non-military operated programs.

C-3.2. The MCCA was a pivotal moment for military childcare. Congress passed the MCCA in response to great concern over the lack of quality and accessibility of childcare for military families. The MCCA became the catalyst for a complete transformation of military childcare, and focused on improving the quality, affordability, and accessibility of military childcare by:

Requiring the development and implementation of comprehensive standards.

Establishing national accreditation requirements.

Enforcing licensing mandates through a rigorous inspection and annual certification process.

Creating an effective and efficient childcare subsidy system to reduce the financial burden on military families and implementing a sliding fee scale based on family income.

Improving wages for staff.

Strengthening training and professional development, including providing designated Training

Specialists to support training and curriculum development.

Developing an effective inspection system, including unannounced inspection visits and closure for noncompliance.

C-3.3. Today, Navy CYP operates over 40,000 childcare spaces world-wide through 237 Child Development facilities, Navy certified Family Child Care Homes, and through subsidized commercial child care facilities throughout the United States that meet MCCA requirements. We manage our requests for care and waiting list through MilitaryChildCare.com that provides eligible families with all locations that are part of the DOD network of military childcare including real-time anticipated wait times for care.

C-4. MAIN TASK ORDER OBJECTIVES.

Reduce DoD unmet childcare demand/waiting lists by age group in specified locations, but not supplant current

DoD operated childcare capacity/capability.

C-4.1. Create quality and affordable community-based spaces exclusively for DoD personnel, operated by a qualified organization(s).

C-5. APPLICABLE DOCUMENTS AND REFERENCES.

C-5.1. State, County, and City childcare laws, licensing and operating requirements and standards.

C-5.2. DoD Instruction 6060.02 “Child Development Programs”: DODINST 6060.2

C-5.3. DoD MilitaryChildcare.com: MCC.com https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodi/606002p.pdf https://militarychildcare.com/

C-5.4. DoD Recognized National Accreditation Organizations: National Accreditation Organizations

C-5.4. DoD MCCYN PLUS Program: MCCYN-PLUS

C-6. TASK REQUIREMENTS.

Spaces shall be available for eligible children by specified ages 6 weeks to 5 years of age in a childcare facility(s) that are operated in accordance with all applicable State, City, and County licensure and/or DoD operating requirements and standards, and if applicable MCCYN PLUS and/or national accreditation standards.

C-6.1.1. Program(s) shall be subject to DoD inspection of operations of DoD dedicated spaces at any time by authorized DoD personnel including physical program observations, records of enrolled DoD personnel.

C-6.1.2. The Contractor shall notify DoD within 24 hours in the event the State license is revoked, or the program is placed in any type of probationary status (if applicable this also includes status the applicable national accreditation organization).

C-6.2. Facility based spaces shall be located within a five (5) mile radius of the Washington Navy Yard, Washington D.C. and within the District of Columbia. Spaces shall also be located along reasonable commuting routes to U.S. military installations within the radius for eligible DoD personnel.

C-6.2.1. Quantity of dedicated spaces:

Quantity of Spaces* Child Ages of Spaces*

Minimum=1/Maximum=8 Infant: Birth – 15 months old

Minimum=1/Maximum=12 Toddler/Two: 12 – 36 months old

Minimum=1/Maximum=20 Preschool: 30 months – 5 years old

Minimum=1/Maximum=24 Kindergarten (enrolled in any public or private kindergarten)

*Combined age groups allowed within applicable State/County/City license and national accreditation requirements will be considered

C-6.3. Facility based spaces shall be located within Arlington, VA, Alexandria, VA, Falls Church, VA or

Fairfax, VA. Spaces shall also be located along reasonable commuting routes and within a 15-mile radius to

U.S. Pentagon Reservation, Arlington, VA.

C-6.3.1. Quantity of dedicated spaces:

Quantity of Spaces* Child Ages of Spaces*

Minimum=1/Maximum=32 Infant: Birth – 15 months old

Minimum=1/Maximum=36 Toddler/Two: 12 – 36 months old

Minimum=1/Maximum=40 Preschool: 30 months – 5 years old

Minimum=1/Maximum=24 Kindergarten (enrolled in any public or private kindergarten)

*Combined age groups allowed within applicable State/County/City license and national accreditation requirements will be considered

C-6.4. Dedicated spaces are for the exclusive use of defined eligible DoD personnel.

https://www.childcareaware.org/fee-assistancerespite/feeassistancerespiteproviders/feeassistance/ https://www.militaryonesource.mil/parenting/child-care/mccyn-plus-child-care-program/

C-6.5. Enrollment into the childcare spaces shall be managed by the Contractor using the most current DoD policy(s) for eligibility, priority placement and waiting list management. This includes utilizing the DoD

MilitaryChildCare.com system for enrollment into each space. Contractor will be given appropriate access to the MilitaryChildcare.com system with appropriate DoD system authorization.

C-6.5.1. Contractor is responsible for developing their own enrollment process using MilitaryChildcare.com to always ensure maximum enrollment of all spaces.

C-6.6. Parent fees charged to eligible personnel/family and DoD subsidy to be paid to the Contractor:

C-6.6.1. The Contractor shall compute parent fees for each family based upon the most current DoD parent fee policy. DoD parent fees are based on total family income. Contractor will collect parent fees based on the computed total family income and the subsequent parent fee rate. Parents shall not be charged any additional fees beyond the computed DoD parent fee rate.

C-6.6.1.1. The DoD fee policy has a provision for families that may be experiencing a financial hardship and may not be able to afford their parent fees. In these circumstances, the Contractor shall notify DoD. DoD will make the decision if parent fees will be reduced.

C-6.6.2. DoD shall pay the Contractor the difference between parent fees collected and the contractual total cost per space.

C-6.6.2.1. Due to the complexities and variables of childcare enrollment, in the event a DoD contracted space is not enrolled, DoD shall pay the Contractor the subsidy for the full operational cost of the vacant space in order to reserve the space exclusively for DoD. DoD will only pay the full operational cost of a vacant space for no more fifteen (15) days per contract year and only after the space has been initially enrolled for a minimum of thirty (30) days.

C-6.6.2.2. DoD will not subsidize the Contractor for any outstanding parent fees not collected from eligible families unless in the event of extraordinary circumstances approved by DoD, at its sole discretion.

C-6.6.3. The total cost per space shall include:

• All meals served in compliance with the U.S. Department of Agriculture “Child and Adult Care Food

Program.”

• Any published registration, supply, and field trips fees.

• Per space care available up to the total number of daily, weekly, annual operating hours of the program.

• Contractor overhead.

C-6.7. Program(s) operating hours for dedicated spaces serving children of eligible DoD personnel:

• The spaces shall be available 52 weeks per year at a minimum of 5 days per week, Monday through

Friday, with care available a minimum of 8 hours per operational day, but preferably operation 6:00am –

6:00pm, except for closures for U.S. Government approved federal holidays or other closures approved by DoD in advance.

• Federal Holidays - The U.S. Government recognizes the following Legal Holidays established by

Federal Statute:

• New Year’s Day – January 1

• Birthday of Martin Luther King Jr. – Third Monday in January

• Washington’s Birthday – Third Monday in February

• Memorial Day – Last Monday in May

• Juneteenth – June 19

• Independence Day – July 4

• Labor Day – First Monday in September

• Columbus Day – Second Monday in October

• Veterans Day – November 11

• Thanksgiving Day – Fourth Thursday in November

• Christmas Day – December 25 o When one of the above designated legal holidays falls on a Sunday, the following Monday will be observed as a legal holiday. When a legal holiday falls on a Saturday, the proceeding

Friday is observed as a legal holiday. The list of holidays relates to Government duty days and is not intended to supplement or otherwise alter the provisions of any Wage

Determination or Collective Bargaining Agreement regarding applicable paid holidays.

o In addition to the days designated as holidays, the Government observes the following days:

▪ Any other day designated by Federal Statute

▪ Any other day designated by Executive Order

▪ Any other day designated by a Presidential Proclamation

C-7. DELIVERABLES, ACCEPTANCE AND REPORTS

Deliver the specified number of dedicated childcare spaces by age group for eligible DoD personnel year-round.

C-7.1. The Contractor(s) shall provide a Monthly Billing/Status Report (MSR) that covers all tasks that are or were active during the previous month. Monthly Reports must be generated from the first calendar day of each month to the last calendar day of each month. (i.e., January 1st through 31st, February 1st through 28th or 29th, etc.) and submitted to the DoD Contracting Officer’s Representative by the 15th of each month. The MSR shall contain the following:

C-7.1.1. Number of spaces/children enrolled by age group.

C-7.1.2. Branch of Service each enrolled child(ren)’s parent is assigned.

C-7.1.3. By each family and child name of each child space enrolled by day of the month by age group including for each:

• DoD family income category

• DoD family eligibility category (as defined by MilitaryChildcare.com)

• Parent fees received and any pending receivables

• DoD subsidy requested based on contract terms

• Ages of child(ren) enrolled

• Number of child(ren) with special needs enrolled by type

• Number of days any individual space was vacant

• Any unexpected closures of the program during the reporting month and reason why

C-7.1.4. Current state license, DoD approved operating status and if applicable, national accreditation status.

This status shall include a summary of any investigative actions underway by the State, County, or City and

DoD if the program has been placed in any probationary status to operate (if applicable, the same for program’s national accreditation organization)

C-8. QUALITY CONTROL

The contractor shall develop and maintain an effective quality control program to ensure that services are performed in accordance with the PWS. The contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The contractors’ quality control program is the means by which they assure themselves that their work complies with the requirement of the contract.

C-9. PERFORMANCE CRITERIA

Maintaining maximum enrollment of dedicated spaces

C-9.1. Quality of spaces provided through sustained State license and national accreditation (as applicable)

C-10. GOVERNMENT/NAFI FURNISHED EQUIPMENT.

None

C-11. EDUCATION AND EXPERIENCE.

Childcare personnel eligible to operate in accordance with all applicable State, City, and County licensure and/or DoD operating requirements and standards, and if applicable MCCYN PLUS and/or national accreditation standards.

C-12. KEY PERSONNEL.

Contractor shall provide the main point of contact name(s) and phone number(s) authorize to discuss the submitted request for proposal and resultant contract.

C-13. SECURITY.

The Contractor shall comply with all applicable Department of Defense (DoD) security regulations and procedures during the performance of this contract. The Contractor shall not disclose and must safeguard sensitive information, computer systems and data, Privacy Act data, and Government and contracted personnel work products that are obtained or generated in the performance of this contract.

C-13.1. The Contractor is responsible for safeguarding information of a sensitive nature. Failure to safeguard any privileged information which may involve the Contractor or the Contractor's personnel or to which they may have access may subject the Contractor and/or the Contractor's personnel to criminal liability under Title

18, section 793 and 798 of the United States Code.

C-14. CONFIDENTIALITY.

This project and all materials provided to the Contractor by the Government and results, conclusions and recommendations obtained thereof shall be considered confidential in nature and treated with the same level of care that the Contractor treats its own confidential business information. The information shall not be disclosed, copied, modified, used (except in the completion of this project) or otherwise disseminated to any other person or entity at any time to include, but not limited to inclusion in any database external to the Government without the Government’s express written consent.

C-15. INTELLECTUAL PROPERTY RIGHTS.

No data provided to, or developed by, the Contractor shall be used for any purpose other than this contract and subsequent task orders. All information (data files and hard copy) become the property of the government, and the Contractor shall return them to the designated program manager or COR, at the completion of the task.

C-16. PRIVACY ACT.

Personnel shall adhere to the Privacy Act, Title 5 of the U.S. Code, Section 552a and applicable agency rules and regulations. Any information reported, summarized, or otherwise considered procurement sensitive that comes about through the work performed will not be distributed or discussed outside the framework of this contract. All programs and materials developed at government expense during the course of this contract are the property of the government. Contractor personnel shall be required to obtain and maintain security badges and adhere to the security requirements of the installation. The Government will retain rights to all intellectual property produced in the course of performing the tasks in this PWS.

C-17. SPECIAL CRITERIA TO OPERATE.

Measured compliance with:

• State licensure of a childcare facility for ages of children in care.

• Applicable National Accreditation standing

• DoD MilitaryChildCare.com

• Maximized number of enrolled spaces

(END OF SECTION C)

PART I, SECTION D: PACKAGING AND MARKING

D-1. PACKAGING AND MARKING. Not applicable.

(END OF SECTION D)

PART I, SECTION E: INSPECTION AND ACCEPTANCE

E-1. SURVEILLANCE, INSPECTIONS, AND ACCEPTANCE. All solutions, products, manuals, reports and deliverables must be approved by Technical Advisor as applicable, then delivered to the COR for final approval as necessary.

The Contractor is responsible for the overall quality of contract performance and for the management of its own workforce. The COR may clarify Contractor responsibilities within the requirements of the PWS. All work to be performed under this contract is subject to Government surveillance and inspection per NAFI

Clauses 10 & 39.

(END OF SECTION E)

PART I, SECTION F: DELIVERIES OR PERFORMANCE

F-1. PERIOD OF PERFORMANCE. Date of contract award with a base year of one (1) year, and four (4) one-year option periods.

F-2. PLACE OF PERFORMANCE. To be determined.

F-3. DELIVERABLES. See section C-7.

(END OF SECTION F)

PART I, SECTION G: CONTRACT ADMINISTRATION DATA

G-1. INVOICING. NAF Clause #12 “Invoices.” An invoice is a written request for payment under the contract for supplies/equipment delivered or for services rendered. In order to be proper, an invoice must include (and in order to support the payment of interest penalties) the following:

(a) Invoice Date;

(b) Name of Contractor;

(c) Contract number (include order number, if any), contract description of supplies or services, quantity, contract unit of measure, unit price, and extended total;

(d) Shipment number and date of shipment;

(e) Name and address to which payment is to be sent (name must be the same as that in the contract or on a proper notice of assignment);

(f) Name (where practicable), title, telephone number and mailing address of person to be notified in the event of a defective invoice; and

(g) Any other information or documentation required by other provisions of the contract (such as evidence of shipment).

Invoices shall be prepared and submitted to the point of contact identified in the following section (G-4).

Invoices shall be submitted by the Contractor on a monthly basis for the monthly service and will be paid in arrears. The NAFI will not make a payment for deliverables that have not been inspected and accepted by the

Contracting Officer’s Representative.

G-2. ACCOUNTING CLASSIFICATION. Accounting and Appropriation Data:

Nonappropriated Funds

(a) Company Code: TBD

(b) Cost Center: TBD

(c) GL Account: TBD

No appropriated funds of the United States will be obligated, due or payable to a Contractor as a result of this solicitation and, if awarded, any resulting contract.

G-3. FINAL PAYMENT. Invoices for final payment must be identified and submitted at the end of the contract and no further charges are to be incurred along with a “release of claims” memo. The closeout invoice, or a written notification that final invoicing has been completed, must be submitted within 60 working days of contract completion. A copy of a Final Acceptance Completion Report must be attached to the final invoice. If the Contractor requires an extension to the contract, a request with supporting rationale must be received by the COR and the Contracting Officer a minimum of 60 days prior to the end of the contract.

G-4. APPOINTMENT OF CONTRACTING OFFICER’S REPRESENTATIVE.

(a) The Contracting Officer’s Representatives (COR) and Technical Advisor (COTA) are identified as:

Contracting Officer Representative (COR):

Mr. Greg Young

Navy Installations Command gregory.r.young12.naf@us.navy.mil

(901)218-2381

Contracting Officer Technical Advisor (COTA):

Courtney Hillery

Naval District Washington courtney.l.hillery.naf@us.navy.mil

(301)342-1373

(b) The COR will act as the Contracting Officer’s representative for technical matters, providing technical direction and discussion as necessary with respect to the specification or performance work statement, and monitoring the progress and quality of Contractor performance. The COR is not a

Contracting Officer and does not have authority to take any action, either directly or indirectly, that would change the pricing, quantity, quality, place of performance, delivery schedule, or any other terms and conditions of the contract, or to direct the accomplishment of effort which goes beyond the scope of the performance work statement in the contract.

(c) It is emphasized that only a Contracting Officer has the authority to modify the terms of the contract, therefore, in no event will any understanding, agreement, modification, change order, or other matter deviating from the terms of the basic contract between the Contractor and anyone other than the

Contracting Officer be effective or binding on the Government. If, in the opinion of the Contractor, an effort outside the existing scope of the contract is requested, the Contractor shall promptly notify the Contracting Officer in writing. No action shall be taken by the Contractor under such direction unless the Contracting Officer has issued a contractual change or otherwise resolved the issue.

(END OF SECTION G)

PART I, SECTION H: SPECIAL CONTRACT REQUIREMENTS

H-1. PRIVACY ACT NOTIFICATION (Jan 2008). The Contractor will be required to design, develop, or operate a system of records on individuals, to accomplish an agency function subject to the Privacy Act of

1974, Public Law 93-579, December 31, 1974 (5 U.S.C.552a) and applicable agency regulations. Violation of the Act may involve the imposition of criminal penalties.

H-1.1. PRIVACY ACT (Apr 1984)

(a) The Contractor agrees to

(1) Comply with the Privacy Act of 1974 (the Act) and the agency rules and regulations issued under the Act in the design, development, or operation of any system of records on individuals to accomplish an agency function when the contract specifically identifies mailto:gregory.r.young12.naf@us.navy.mil mailto:courtney.l.hillery.naf@us.navy.mil

(i) The systems of records; and

(ii) The design, development, or operation work that the Contractor is to perform;

(2) Include the Privacy Act notification contained in this contract in every solicitation and resulting subcontract and in every subcontract awarded without a solicitation, when the work statement in the proposed subcontract requires the redesign, development, or operation of a system of records on individuals that is subject to the Act; and

(3) Include this clause, including this subparagraph (3), in all subcontracts awarded under this contract which requires the design, development, or operation of such a system of records.

(b) In the event of violations of the Act, a civil action may be brought against the agency involved when the violation concerns the design, development, or operation of a system of records on individuals to accomplish an agency function, and criminal penalties may be imposed upon the officers or employees of the agency when the violation concerns the operation of a system of records on individuals to accomplish an agency function. For purposes of the Act, when the contract is for the operation of a system of records on individuals to accomplish an agency function, the Contractor is considered to be an employee of the agency.

(1) “Operation of a system of records,” as used in this clause, means performance of any of the activities associated with maintaining the system of records, including the collection, use, and dissemination of records.

(2) “Record,” as used in this clause, means any item, collection, or grouping of information about an individual that is maintained by an agency, including, but not limited to, education, financial transactions, medical history, and criminal or employment history and that contains the person’s name, or the identifying number, symbol, or other identifying particular assigned to the individual, such as a fingerprint or voiceprint or a photograph.

(3) “System of records on individuals,” as used in this clause, means a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual.

H-2. TRAVEL EXPENSES. Not applicable.

H-3. ITEMIZED TRAVEL INVOICES. Not applicable.

H-4. SERVICE CONTRACT ACT (SCA). The McNamara-O’Hara Service Contract Act (SCA) covers contracts entered into by federal and District of Columbia agencies that have as their principal purpose furnishing services in the U.S. through the use of “service employees.” The definition of “service employee” includes any employee engaged in performing services on a covered contract other than a bona fide executive, administrative, or professional employee who meets the exemption criteria set forth in 29

CFR Part 541. The Act requires contractors and subcontractors performing services on prime contracts in excess of $2,500 to pay service employees in various classes no less than the wage rates and fringe benefits found prevailing in the locality, or the rates (including prospective increases) contained in a predecessor contractor's collective bargaining agreement. The Department of Labor issues wage determinations on a contract-by-contract basis in response to specific requests from contracting agencies. These determinations are incorporated into the contract. For contracts equal to or less than $2,500, contractors are required to pay the federal minimum wage as provided in Section 6(a)(1) of the Fair Labor Standards Act. For prime contracts in excess of $100,000, contractors and subcontractors must also, under the provisions of the

Contract Work Hours and Safety Standards Act, as amended, pay laborers and mechanics, including guards and watchmen, at least one and one-half times their regular rate of pay for all hours worked over 40 in a workweek. The overtime provisions of the Fair Labor Standards Act may also apply to SCA-covered contracts. A complete copy of the Act to include applicable laws and regulations and additional information is available from:

https://www.dol.gov/agencies/whd/government-contracts/service-contracts

In addition to the SCA, the following Federal Acquisition Regulation (FAR) clauses apply:

52.222-1 Notice to the Government of Labor Disputes

52.222-21 Prohibition of Segregated Facilities

52.222-22 Previous Contracts and Compliance Reports

52.222-25 Affirmative Action Compliance

52.222-29 Notification of Visa Denial (applies if the contractor is required to perform in or on behalf of a foreign country)

52.222-40 Notification of Employee Rights Under the National Labor Relations Act (applies over

$250K)

52-222-42 Statement of Equivalent Rates for Federal Hires

52.222-46 Evaluation of Compensation for Professional Employees (applies over $750K and services are to be provided which will require meaningful numbers of professional employees)

52.222-50 Combating Trafficking in Persons

52.222-54 Employment Eligibility Verification (Exceptions – Worked performed CONUS; less than 120 day period of performance; Commercial off the Shelf (COTS) items)

52.222-56 Certification Regarding Trafficking in Persons Compliance Plan (applies if $550K of the contract value may be performed OCONUS; and the contract is for COTs)

52.222-56 Certification Regarding Trafficking in Persons Compliance Plan

H-5. DEPARTMENT OF LABOR WAGE DETERMINATION:

A Department of Labor Wage Determination applies to the service requirement within this solicitation and is available at https://sam.gov/search/?index=sca&page=1&pageSize=25&sort=-modifiedDate&sfm%5Bstatus%5D%5Bis_active%5D=true ; select the appropriate state and county where services will be conducted in support of this requirement and follow the instructions. The appropriate wage determination will be displayed with the applicable wage rates that are required to be paid to employees working on the services provided under the contract.

H-6. MINIMUM WAGES UNDER EXECUTIVE ORDER 14026 (JAN 2024).

(a) Executive Order 14026. This contract is subject to Executive Order 14026, the regulations issued by the Secretary of Labor in 29 CFR part 23 pursuant to the Executive Order, and the following provisions.

(b) Minimum wages.

(1) Each worker (as defined in 29 CFR 23.20) engaged in the performance of this contract by the prime contractor or any subcontractor, regardless of any contractual relationship which may be alleged to exist between the contractor and worker, shall be paid not less than the applicable minimum wage under Executive Order 14026.

(2) The minimum wage required to be paid to each worker performing work on or in connection with this contract between January 01, 2024 and December 31, 2024, shall be $17.20 per hour.

The minimum wage shall be adjusted each time the Secretary of Labor’s annual determination of the applicable minimum wage under section 2(a)(ii) of Executive Order 14026 results in a higher minimum wage. Adjustments to the Executive Order minimum wage under section 2(a)(ii) of

Executive Order 14026 will be effective for all workers subject to the Executive Order beginning

January 1 of the following year. If appropriate, the contracting officer, or other agency official overseeing this contract shall ensure the contractor is compensated only for the increase in labor costs resulting from the annual inflation increases in the Executive Order 14026 minimum wage https://www.dol.gov/agencies/whd/government-contracts/service-contracts https://sam.gov/search/?index=sca&page=1&pageSize=25&sort=-modifiedDate&sfm%5Bstatus%5D%5Bis_active%5D=true https://sam.gov/search/?index=sca&page=1&pageSize=25&sort=-modifiedDate&sfm%5Bstatus%5D%5Bis_active%5D=true beginning on January 1, 2024. The Secretary of Labor will publish annual determinations in the

Federal Register no later than 90 days before such new wage is to take effect. The Secretary will also publish the applicable minimum wage on https://alpha.sam.gov/content/wagedeterminations

(or any successor website). The applicable published minimum wage is incorporated by reference into this contract.

(3) The contractor shall pay unconditionally to each worker all wages due free and clear and without subsequent deduction (except as otherwise provided by 29 CFR 23.230), rebate, or kickback on any account. Such payments shall be made no later than one pay period following the end of the regular pay period in which such wages were earned or accrued. A pay period under this

Executive Order may not be of any duration longer than semi-monthly.

(4) The prime contractor and any upper-tier subcontractor shall be responsible for the compliance by any subcontractor or lower-tier subcontractor with the Executive Order minimum wage requirements. In the event of any violation of the minimum wage obligation of this clause, the contractor and any subcontractor(s) responsible therefore shall be liable for the unpaid wages.

(5) If the commensurate wage rate paid to a worker performing work on or in connection with a covered contract whose wages are calculated pursuant to a special certificate issued under 29

U.S.C. 214(c), whether hourly or piece rate, is less than the Executive Order minimum wage, the contractor must pay the Executive Order minimum wage rate to achieve compliance with the

Order. If the commensurate wage due under the certificate is greater than the Executive Order minimum wage, the contractor must pay the worker the greater commensurate wage.

(c) Withholding. The agency head shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the prime contractor under this or any other Federal contract with the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay workers the full amount of wages required by Executive Order 14026.

(d) Contract suspension/Contract termination/Contractor debarment. In the event of a failure to pay any worker all or part of the wages due under Executive Order 14026 or 29 CFR part 23, or a failure to comply with any other term or condition of Executive Order 14026 or 29 CFR part 23, the contracting agency may on its own action or after authorization or by direction of the Department of

Labor and written notification to the contractor, take action to cause suspension of any further payment, advance or guarantee of funds until such violations have ceased. Additionally, any failure to comply with the requirements of this clause may be grounds for termination of the right to proceed with the contract work. In such event, the Government may enter into other contracts or arrangements for completion of the work, charging the contractor in default with any additional cost.

A breach of the contract clause may be grounds for debarment as a contractor and subcontractor as provided in 29 CFR 23.520.

(e) Workers who receive fringe benefits. The contractor may not discharge any part of its minimum wage obligation under Executive Order 14026 by furnishing fringe benefits or, with respect to workers whose wages are governed by the Service Contract Act, the cash equivalent thereof.

(f) Relation to other laws. Nothing herein shall relieve the contractor of any other obligation under

Federal, state or local law, or under contract, for the payment of a higher wage to any worker, nor shall a lower prevailing wage under any such Federal, State, or local law, or under contract, entitle a contractor to pay less than $17.20 (or the minimum wage as established each January thereafter) to any worker.

(g) Payroll records.

(1) The contractor shall make and maintain for three years records containing the information specified in paragraphs (g)(1)(i) through (vi) of this section for each worker and shall make the records available for inspection and transcription by authorized representatives of the Wage and

Hour Division of the U.S. Department of Labor:

(i) Name, address, and social security number;

(ii) The worker’s occupation(s) or classification(s);

(iii) The rate or rates of wages paid;

(iv) The number of daily and weekly hours worked by each worker;

(v) Any deductions made; and

(vi) Total wages paid.

(2) The contractor shall also make available a copy of the contract, as applicable, for inspection or transcription by authorized representatives of the Wage and Hour Division.

(3) Failure to make and maintain or to make available such records for inspection and transcription shall be a violation of 29 CFR part 23 and this contract, and in the case of failure to produce such records, the contracting officer, upon direction of an authorized representative of the Department of Labor, or under its own action, shall take such action as may be necessary to cause suspension of any further payment or advance of funds until such time as the violations are discontinued.

(4) The contractor shall permit authorized representatives of the Wage and Hour Division to conduct investigations, including interviewing workers at the worksite during normal working hours.

(5) Nothing in this clause limits or otherwise modifies the contractor’s payroll and recordkeeping obligations, if any, under the Davis-Bacon Act, as amended, and its implementing regulations;

the Service Contract Act, as amended, and its implementing regulations; the Fair Labor

Standards Act, as amended, and its implementing regulations; or any other applicable law.

(h) Flow-down requirement. The contractor (as defined in 29 CFR 23.20) shall insert this clause in all of its covered subcontracts and shall require its subcontractors to include this clause in any covered lower-tier subcontracts. Executive Order 14026 does not apply to subcontracts for the manufacturing or furnishing of materials, supplies, articles, or equipment, and this clause is not required to be inserted in such subcontracts. The prime contractor and any upper-tier subcontractor shall be responsible for the compliance by any subcontractor or lower-tier subcontractor with this contract clause.

(i) Certification of eligibility.

(1) By entering into this contract, the contractor (and officials thereof) certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor’s firm is a person or firm ineligible to be awarded Government contracts by virtue of the sanctions imposed pursuant to section 5 of the Service Contract Act, section 3(a) of the Davis-Bacon Act, or 29 CFR 5.12(a)(1).

(2) No part of this contract shall be subcontracted to any person or firm whose name appears on the list of persons or firms ineligible to receive Federal contracts.

(3) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001.

(j) Tipped employees. In paying wages to a tipped employee as defined in section 3(t) of the Fair Labor

Standards Act, 29 U.S.C. 203(t), Section 3 of Executive Order 14026 provides a methodology to determine the amount of the minimum hourly cash wage that must be paid to tipped employees performing on or in connection with covered contracts. The minimum cash wage that must be paid to tipped employees performing work on or in connection with covered contracts will increase to

$17.20 per hour effective January 01, 2024.