Solicitation 1605JW-23-R-00002.pdf

1605JW-23-R-00002

SOLICITATION, OFFER AND AWARD

4. TYPE OF SOLICITATION2. CONTRACT NUMBER 3. SOLICITATION NUMBER

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

ORDER UNDER DPAS (15 CFR 700)

6. REQUISITION/PURCHASE NUMBER

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

NEGOTIATED (RFP)

SEALED BID (IFB)

5. DATE ISSUED

1. THIS CONTRACT IS A RATED RATING PAGE OF PAGES

1 87

C. E-MAIL ADDRESS

EXT.NUMBERAREA CODE

B. TELEPHONE (NO COLLECT CALLS)A. NAME

10. FOR

INFORMATION

CALL:

CAUTION: LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

(Date)(Hour) local timeuntildepository located in 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

SOLICITATION

9. Sealed offers in original and

PART IV - REPRESENTATIONS AND INSTRUCTIONS

OTHER STATEMENTS OF OFFERORS

EVALUATION FACTORS FOR AWARD

INSTRS., CONDS., AND NOTICES TO OFFERORS

REPRESENTATIONS, CERTIFICATIONS AND

LIST OF ATTACHMENTS

CONTRACT CLAUSES

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

I

J

K

L

M SPECIAL CONTRACT REQUIREMENTS

CONTRACT ADMINISTRATION DATA

DELIVERIES OR PERFORMANCE

INSPECTION AND ACCEPTANCE

PACKAGING AND MARKING

DESCRIPTION/SPECS./WORK STATEMENT

SUPPLIES OR SERVICES AND PRICES/COSTS

SOLICITATION/CONTRACT FORM

PART II - CONTRACT CLAUSESPART I - THE SCHEDULE

H

G

F

E

D

C

B

A

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

11. TABLE OF CONTENTS

18. OFFER DATE17. SIGNATURE

SUCH ADDRESS IN SCHEDULE.

IS DIFFERENT FROM ABOVE - ENTER

15C. CHECK IF REMITTANCE ADDRESS

EXT.NUMBERAREA CODE

15B. TELEPHONE NUMBER

(Type or print)AND

ADDRESS

OF

OFFEROR

CODE

FACILITY

16. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER15A. NAME

DATEAMENDMENT NO.DATEAMENDMENT NO.

and related documents numbered and dated):

amendments to the SOLICITATION for offerors

(The offeror acknowledges receipt of

14. ACKNOWLEDGEMENT OF AMENDMENTS

CALENDAR DAYS (%)30 CALENDAR DAYS (%)20 CALENDAR DAYS (%)10 CALENDAR DAYS (%)

(See Section I, Clause No. 52.232.8)

13. DISCOUNT FOR PROMPT PAYMENT

designated point(s), within the time specified in the schedule.

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

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

OFFER (Must be fully completed by offeror)

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

28. AWARD DATE

(Signature of Contracting Officer)

27. UNITED STATES OF AMERICA

25. PAYMENT WILL BE MADE BY

26. NAME OF CONTRACTING OFFICER (Type or print)

CODE 24. ADMINISTERED BY (If other than Item 7)

ITEM

(4 copies unless otherwise specified)

23. SUBMIT INVOICES TO ADDRESS SHOWN IN

41 U.S.C. 253 (c) ( 10 U.S.C. 2304 (c) (

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:

21. ACCOUNTING AND APPROPRIATION20. AMOUNT19. ACCEPTED AS TO ITEMS NUMBERED

AWARD (To be completed by government)

CODE

11/21/2022

ETA OCM SF

US Department of Labor 90 7th Street Suite 18-300 San Francisco CA 94103

See Section L 02:00 P.M. ES 01/12/2023

John Chang chang.chin-jen@dol.gov

X

X

X

X

X

X

X

X

X

X

X

X

PAGE(S)

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition is unusable

STANDARD FORM 33 (Rev. 9-97)

Prescribed by GSA - FAR (48 CFR) 53.214(c)

12. In compliance with the above, the undersigned agrees, if this offer is accepted within _____365_________ calendar days (60 calendar days unless a different period is inserted

SOLICITATION NUMBER: 1605JW-23-R-00002 New York Job Corps Center Academic Instruction and Career Technical Training

TABLE OF CONTENTS

PART I: THE SCHEDULE

SECTION B. SUPPLIES OR SERVICES AND PRICES/COSTS

SECTION C. STATEMENT OF WORK

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

SECTION K. REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS

OF OFFERORS OR QUOTERS

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

RESPONDENTS

SECTION M - EVALUATION FACTORS AND SELECTION CRITERIA

SOLICITATION NUMBER: 1605JW-23-R-00002 New York Job Corps Center Academic Instruction and Career Technical Training

SECTION B. SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 BACKGROUND

The U.S. Department of Labor, Job Corps has a requirement for providing academic and career technical training at the New York City Job Corps Centers with the South Bronx Job Corps Center located at 1771 Andrew Lane, Bronx, New York 10453 and the Brooklyn Job Corps Center located at 585 DeKalb Avenue, Brooklyn, New York 11205.

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

The Contractor shall provide academic and career technical training to the aforementioned Job Corps Center, which consists of the following planned On-board Strength (OBS):

a) South Bronx campus: 250 students consisting of 108 residential male students, 105 residential female students, 18 nonresidential male students, and 19 nonresidential female students.

b) Brooklyn campus: 75 nonresidential male students, and 70 nonresidential female students.

The Contractor shall provide initial placement for all graduates and former enrollees as related to Career Transition Services. For purposes of this procurement, the Contractor should estimate annual inflow of students for providing initial placement in accordance with the contractor’s approach to academic and career technical training.

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

The contractor agrees that the costs generated under Career Technical Skills Training (CTST) shall be maintained in a separate accounting classification to be entitled "Capital Expense Accounts," as outlined in PRH Chapter 5 and Appendix 502.

SOLICITATION NUMBER: 1605JW-23-R-00002 New York Job Corps Center Academic Instruction and Career Technical Training

LINE

ITEM

(CLIN)

DESCRIPTION ESTIMATED

COST

NTE

CEILING

FUNDS

OBLIGATED

Transition/Phase-in Period of Performance: September 1, 2023, through September 30, 2023 0001 Transition-in Period (A) N/A Base Period of Performance: October 1, 2023, through September 30, 2025 0002 Staff Salaries N/A 0003 Materials and Supplies N/A 0004 Equipment N/A 0005 Communications N/A 0006 Travel N/A 0007 G&A N/A 0008 Fixed Fee N/A 0009 CTST Projects N/A Option 1 Period of Performance: October 1, 2025, through September 30, 2026

0002 Staff Salaries N/A 0003 Materials and Supplies N/A 0004 Equipment N/A 0005 Communications N/A 0006 Travel N/A 0007 G&A N/A 0008 Fixed Fee N/A 0009 CTST Projects N/A Option 2 Period of Performance: October 1, 2026, through September 30, 2027 0002 Staff Salaries N/A 0003 Materials and Supplies N/A 0004 Equipment N/A 0005 Communications N/A 0006 Travel N/A 0007 G&A N/A 0008 Fixed Fee N/A 0009 CTST Projects N/A

Option 3 Period of Performance: October 1, 2026, through September 30, 2027 0002 Staff Salaries N/A 0003 Materials and Supplies N/A 0004 Equipment N/A 0005 Communications N/A 0006 Travel N/A 0007 G&A N/A 0008 Fixed Fee N/A 0009 CTST Projects N/A Transition Out 5001 Transition-out N/A

SOLICITATION NUMBER: 1605JW-23-R-00002 New York Job Corps Center Academic Instruction and Career Technical Training

Further, there shall be no fixed fee or incentive fee based on work involved with Career Technical Skills Training. Unless authorized by the Contracting Officer, indirect cost charges shall not be allowed for or based on costs.

SOLICITATION NUMBER: 1605JW-23-R-00002 New York Job Corps Center Academic Instruction and Career Technical Training

SECTION C. STATEMENT OF WORK

INTRODUCTION

The contractor shall provide all personnel, materials, supervision, and other items and non-personal services necessary regarding academic and career technical training and Career Transition Services (initial placement). This Statement of Work sets forth the contract performance requirements for the operation and management of the New York City Job Corps Center located at:

South Bronx:

1771 Andrew Lane, Bronx, New York 10453

Brooklyn:

585 DeKalb Avenue, Brooklyn, New York 11205

Clarification:

Traditionally, the Department of Labor (DOL) has relied on one contractor to provide all services to students. DOL is dividing the contracts for the South Bronx and Brooklyn sites of the New Yor Job Corps Center into two separate contracts: one contract for academic and career technical training and verified initial placement and a separate contract for Wraparound Services, which include but are not limited to residential living, food service, facilities management, basic health and wellness services, student transitional needs support, and follow-up placement services. The Wraparound Services contractor will collaborate with the academic and career technical training contractor on scheduling, career planning, and post-enrollment transition services and will have primary responsibility for all student outreach and admissions, center operations, and post-center career transition follow-up placement services.

For the purpose of this solicitation, the contractor shall perform to the standards in the resulting contract for academic and career technical training and initial career placement.

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 may 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.

SOLICITATION NUMBER: 1605JW-23-R-00002 New York Job Corps Center Academic Instruction and Career Technical Training

C.1 GENERAL

A. Background

The U.S. Department of Labor (DOL) fosters and promotes the welfare of the job seekers, wage earners, and retirees of the United States by improving their working conditions, their opportunities and ensuring the adequacy of America's workplaces. The Employment and Training Administration (ETA) administers the Job Corps program, job training and worker dislocation programs, federal grants to states for public employment service programs, and unemployment insurance benefits. Job Corps, a DOL-ETA program, is the largest nationwide residential career training program in the country and has been operating for more than 50 years.

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 historically under-resourced youth in poverty, 16-24 years of age, throughout the United States. Job Corps provides educational and career technical skills instruction, and support services. The combination of services provided by Job Corps is intended to prepare youth in their pursuit of further postsecondary education or training, participation in a Registered Apprenticeship, obtaining and holding gainful employment, or satisfying entrance requirements for careers in the Armed Forces.

At Job Corps, students have access to room and board for up to three years while they learn skills in specific training areas. In addition to helping students complete their education and obtain career technical skills to gain employment, Job Corps also provides transitional support services, such as help finding employment, housing, childcare, and transportation. The South Bronx Job Corps Center serves approximately 250 residential and nonresidential students. The Brooklyn Job Corps Center serves approximately 145 nonresidential students.

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).

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.

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

SOLICITATION NUMBER: 1605JW-23-R-00002 New York Job Corps Center Academic Instruction and Career Technical Training controls.

C. Objective

The contractor shall provide all personnel, materials, supervision, and other items and non-personal services necessary regarding academic and career technical training and Career Transition Services (initial placement). The Contractor shall provide enrolled students, meeting Job Corps’ eligibility criteria, as identified in WIOA and the PRH, with a comprehensive range of academic and career technical training and initial career placement leading to employment and long-term attachment to the workforce.

Career Transition Services will begin with initial placement. The contractor shall be responsible for providing initial placement services for all graduates (PRH 4.2, R3) and former enrollees (PRH 4.2, R2.) Coordination and communication will be required between the academic and career technical training contractor and the Wraparound Services contractor on ensuring student transitional needs are met to ensure a successful placement.

C.2 COLLABORATION WITH THE WRAPAROUND SERVICES CONTRACTOR

Both contractors are expected to work together to produce the best possible outcomes for students. This includes holding planning meetings, sharing student records, coordinating activities as it relates to student onboarding, scheduling, and progress towards goals. While each contractor will have individual goals to meet, collaboration is required and is key to ensuring that students have a smooth experience as they transition into and out of their Job Corps training.

Specific areas for collaboration include but are not limited to:

Career Management services Career Management Team meetings Center Safety and Security Center Standards and Incentives (behavior management system) Evening and Weekend Studies programming Extracurricular activities Facilities maintenance Mental Health and Wellness services Career Pathway Planning services via the My Pathway to Achieving Career

Excellence (MyPACE) system Performance Management planning Placement services Records review Scheduling services Social Development services Staff Scheduling Student progress assessment Student retention

SOLICITATION NUMBER: 1605JW-23-R-00002 New York Job Corps Center Academic Instruction and Career Technical Training

Student transition services Job Corps reporting requirements Transportation and scheduling for off-site learning and work opportunities

To this end, the academic and career technical training contractor shall work with the Wraparound Services contractor to:

a. Develop a written agreement with academic and career technical training contractor detailing collaboration processes, tools, and timelines;

b. Develop or adopt a common assessment of employability skills;

c. Develop a data sharing protocol that allows for both parties to update and access student records easily and centrally; and

d. Develop a consultation protocol for collaboration on matters of individual student behavior, progress, and needs.

Contractor primarily responsible for Job Corps activities

Responsibility Academic and Career Technical Training Contractor

Wraparound Services Contractor

Academic Instruction X Administrative Services X X Career Preparation Period X Career Technical Training X Counseling & Transition Needs Support

X

Follow-up Placement Supports & Services

X

High School/Academic/CTT Records

X

Initial Verified Placement X MyPACE X Onboarding & Admissions X Residential Services X Safety X Student Exit Date X Transportation X

C.3 SITE SPECIFIC INFORMATION

The New York City Job Corps centers are located at 1771 Andrew Lane, Bronx, New York 10453 and the Brooklyn Job Corps Center located at 585 DeKalb Avenue, Brooklyn, New York 11205.

A. The career technical training services offered in this program will be training provided under separate contracts between the U.S. Department of Labor and one or more National Training Contractors (NTCs) and a separate academic and Career Technical Training (CTT) contractor(s). Current CTT offerings are included below for informational purposes. The academic and career technical training contractor will make the final decision on what trainings will be offered. The following Career technical training

SOLICITATION NUMBER: 1605JW-23-R-00002 New York Job Corps Center Academic Instruction and Career Technical Training programs will be offered in accordance with the contract requirements of the Job Corps

PRH:

Training Industry Center Building Construction Technology, Pre-Apprentice*

Construction South Bronx

Certified Nurse Assistant Health Care South Bronx and Brooklyn

Clinical Medical Assistant Health Care South Bronx and Brooklyn

Computer Technician A+ IT South Bronx and Brooklyn

Computer Technician Network + IT South Bronx Office Administration Finance and Business South Bronx Culinary Arts Hospitality South Bronx and

Brooklyn Security and Protective Services Homeland Security South Bronx and

Brooklyn Advanced Career Training (ACT): College South Bronx and

Brooklyn

*Indicates programs currently 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.

B. The contractor shall provide Career Transition Services (CTS) in accordance with PRH Chapter 4 (Placement Services) for all graduates and former enrollees of the center regardless of where the graduate or former enrollee resides or matriculates.

The academic and career technical training contractor shall be responsible for providing initial placement services for all graduates (PRH 4.2, R3) and former enrollees (PRH 4.2, R2.) Coordination and communication will be required between the academic and career technical training contractor and the Wraparound Services contractor on ensuring that students’ transitional needs are met to assure a successful placement.

C. The contractor shall provide direction, management, and administrative support to all functions and activities of the center. In collaboration with the Wraparound Services contractor, the academic and career technical training contractor shall establish systems that ensure:

Effective program organization and management.

Program integrity and accountability.

Staff professionalism and development.

At a minimum, the program shall consist of:

SOLICITATION NUMBER: 1605JW-23-R-00002 New York Job Corps Center Academic Instruction and Career Technical Training

1. Program Management: The contractor shall establish systems that ensure achievement of program goals and maintenance of quality performance.

Expected procedures for monitoring and tracking operations and outcomes are listed in PRH 5.1.

2. Personnel: The contractor shall recruit, hire, and retain qualified staff, in accordance with the requirements of PRH 5.2 and Exhibit 5-3. The contractor shall develop and implement policies which promote a working environment of equal opportunity that is free of race, gender, or ethnic bias.

3. Staff Training: The contractor shall provide training opportunities which ensure that staff possesses the knowledge and skills necessary to perform their job duties and enable them to serve as positive role models for students. Specific training requirements are detailed in PRH 5.3 and Exhibit 5-4.

4. Personal Safety and Security: The contractor shall develop and implement procedures to ensure students feel safe and secure on center and their rights are protected. Rules for protection of students, staff, and property are outlined in

PRH 5.4.

5. Management and Reporting of Significant Incidents: The contractor shall develop and implement procedures to prevent, resolve, and report significant incidents in order to reduce negative impact on students, the community, and the Job Corps program. Guidelines for reporting and managing significant incidents are detailed in PRH 5.5.

6. Procurement and Property Management: The center shall establish systems to procure property, services, and supplies in a cost-efficient and environmentally-friendly manner in accordance with Government policies. The contractor shall also establish systems to provide procedures for receipt and accountability of Government-owned property, materials, and supplies, in accordance with PRH

5.6 and Appendices 505, 505a, and 505b. The contractor shall establish and maintain the Job Corps vehicle fleet in accordance with PRH 5.13 and Appendices 506, 507, and 508.

7. Financial Management: The contractor shall develop and maintain systems to effectively plan, budget, and control expenses that shall safeguard public funds and ensure the cost-effective provision of services to meet program goals. The contractor shall establish and maintain a financial management system that meets all of the requirements of PRH 5.7 and Appendices 502 and 503.

Contractors shall be accountable for understanding and complying with the new federally mandated Presidential initiative, Protecting Our Workers and Ensuring Reemployment (POWER), which begins in Fiscal Year (FY) 2011, and with Departmental goals relating to the measurable outcome of 100% timely filing of

SOLICITATION NUMBER: 1605JW-23-R-00002 New York Job Corps Center Academic Instruction and Career Technical Training first aid, and Compensation Act – 1 and 2 (CA-1 and CA- 2) claims in the Safety and Health Information Management System (SHIMS). As part of POWER, Job Corps must improve performance in the following areas:

a. Reduce total injury and illness case rates.

b. Increase the timely filing of workers’ compensation claims.

c. Increase the timely filing of Form Number CA-7 (Claim for Compensation).

d. Increase the timely filing of Form Number CA-16 (Authorization for

Examination and/or Treatment).

e. Speed up employees’ (i.e., students') return to work in cases of serious injury or illness.

Staff housing is not available at this center.

On-center childcare program is not required.

Administration of residential parent/child program is not required.

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 academic and career technical training as identified under this contract. The incoming non-incumbent contractor will have a one-month phase-in period to become familiar with the center, conduct interviews, and hire staff necessary to operate the center. The successful offeror will be required to take over the academic and career technical training at the center as designated by the contract once the phase-in period is complete. There will be only one contractor responsible for academic and career technical training at any given time. When the new contractor assumes operation of academic and career technical training, the former contractor shall not cause any unreasonable disruption/interference upon departure.

Phase-in and Phase-out must also recognize that DOL is dividing the contract for the New York Job Corps Center (South Bronx and Brooklyn) into two separate contracts: one contract for Wraparound Services (which include but are not limited to residential living, food service, facilities management, basic health and wellness services, student transitional needs support, and follow-up placement services) and a separate contract for academic and career technical training and verified initial placement.

The incoming Learning contractor will also have a one month, phase-in period to become familiar with the center, as well as time to interview and hire staff necessary to provide academic education, career technical training, and placement services. The successful Learning Offeror will be required to take over academic education, career technical training, and placement services activities once the phase-in period is complete. There will be only one contractor responsible for academic education, career technical training, and initial verified placement activities at any given time.

SOLICITATION NUMBER: 1605JW-23-R-00002 New York Job Corps Center Academic Instruction and Career Technical Training

Phase-In preparations shall not cause any unreasonable disruption/interference with the departing contractor's operation.

SOLICITATION NUMBER: 1605JW-23-R-00002 New York Job Corps Center Academic Instruction and Career Technical Training

SECTION D. PACKAGING AND MARKING

[For this solicitation, there are NO clauses in this section.]

SOLICITATION NUMBER: 1605JW-23-R-00002 New York Job Corps Center Academic Instruction and Career Technical Training

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

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

E.2 INSPECTION AND EVALUATION

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

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

SOLICITATION NUMBER: 1605JW-23-R-00002 New York Job Corps Center Academic Instruction and Career Technical Training

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 cost-reimbursement plus fixed fee contract.

F.3 PERIOD OF PERFORMANCE

Phase In: If appropriate, for the purpose of assuming the responsibility of academic and career technical training and initial career placement, the contractor shall perform necessary phase-in functions for a period of 30 days (or one month).

Operations (Academic and Career Technical Training): Operations shall commence in accordance with Section B of the contract.

Career Transition Services shall commence at the time of contract award.

Phase Out: If appropriate, for the purpose of transitioning the responsibility of center operations, the contractor shall perform necessary phase-out functions.

F.4 PLACE OF PERFORMANCE

Identified in Section C of this solicitation.

F.5 DELIVERABLES

The contractor shall provide all personnel, materials, supervision, and other items and non-personal services necessary regarding Center Operations (academic and career technical training) and Career Transition Services (initial placement). The Contractor shall provide enrolled students, meeting Job Corps’ eligibility criteria, as identified in WIOA and the PRH, with a comprehensive range of academic and career technical training and initial career placement leading to employment and long-term attachment to the workforce.

SOLICITATION NUMBER: 1605JW-23-R-00002 New York Job Corps Center Academic Instruction and Career Technical Training

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. 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). See Appendix 501 of the PRH.

SOLICITATION NUMBER: 1605JW-23-R-00002 New York Job Corps Center Academic Instruction and Career Technical Training

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 INDIRECT COSTS

Indirect cost rates under this contract at the time of award are as follows:

Rate for each Contract Year Indirect Cost Base of Allocation 1 2 3 4 5

G&A

In accordance with contractor’s negotiated and approved Indirect Cost Rate Agreement, also excluding CRA, equipment, and

CTST.

Overhead Applicable Not Applicable

Total Direct Salaries and Wages (including/excluding fringe benefits)

Indirect Ceiling Rates or Ceiling Amounts - The Contracting Officer will impose the contractor’s general & administrative cost limitation (G&A ceiling) regarding the contract based on the documentation received. Please note that these “ceilings” do not exclude your organization from the responsibility of annually submitting an indirect cost rate proposal to the contractor’s Cognizant Agency of the Federal Government to establish the final, approved indirect cost rate(s). These terms and conditions in the cost principles below are applicable to all

SOLICITATION NUMBER: 1605JW-23-R-00002 New York Job Corps Center Academic Instruction and Career Technical Training awardees receiving funds from multiple sources. Organizations receiving funds from only one source do not need an indirect cost rate (ICR) approved.

The contractor’s G&A ceiling rate is ___%.

You are governed by one of the categories of cost principles listed below. Please comply with your cost principles as appropriate to your organization:

(1) Private-for-Profit organizations - Federal Acquisition Regulation (FAR) Subparts 31 and 42.

(2) State and local governments and Indian Tribal governments - OMB Circular A-87.

(3) Educational Institutions - OMB Circulars A-21 and FAR 42.705-3.

(4) Nonprofit organizations - OMB Circular A-122.

In order to avoid major audit problems, disallowed costs, and to receive timely reimbursement of indirect costs, contractors should take those necessary steps to comply with the clause 52.242-4, Certification of Final Indirect Costs, as well as the critical timeframes for submission of indirect cost proposals.

Note that the contractor must obtain approval from the Contracting Officer to reallocate planned expenses from direct cost budget line items to the indirect cost budget line item to accommodate higher approved indirect cost rates

Support for Indirect Cost Claims

A copy of the indirect cost rate negotiation agreement will be requested to verify the rate information (rate approved, type of indirect cost rate(s) approved, and allocation base) received from the Federal cognizant agency (Federal agency providing the preponderance of direct federal funds to the organization).

For billing purposes, indirect costs shall be calculated using the approved provisional rate, until a final rate is established and retroactively applied. In the absence of an approved provisional rate, a negotiated/proposed rate shall be used.

Temporary Billing Rate (TBR) – For those contractors that do not have a federally approved indirect cost rate, the Contracting Officer may negotiates a (TBR) to allow initial indirect cost claims for the first 90 days of award.

During these 90 days, the offeror must submit an acceptable indirect cost proposal to your Federal cognizant agency to obtain a provisional indirect rate. Failure on your part to submit an indirect cost proposal within this 90 day period means that you shall not receive further reimbursement for your billing rate. Also, action may be taken to recoup all indirect costs already paid to you.

It is important to point out that all organizations are to submit a final indirect cost proposal to its Federal Cognizant agency annually and within 180 days after the end of the organization’s fiscal year.

If DOL is your Federal cognizant agency, proposals shall be sent to:

SOLICITATION NUMBER: 1605JW-23-R-00002 New York Job Corps Center Academic Instruction and Career Technical Training

Chief, Division of Cost Determination (DCD) U.S. Department of Labor, OASAM 200 Constitution Avenue, N.W., Room S-1510 Washington, D.C. 20210 Tel. (202) 693-4100 http://www.dol.gov/oasam/programs/boc/costdeterminationguide/main.html

G.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 None

C. Requirements

1. Electronic Invoice Submittal

Standard Form 1034 shall be used for invoicing purposes and may be obtained at www.gsa.gov. Each invoice shall be numbered consecutively and shall include costs, G&A, and fixed and incentive fees (if any) incurred for the period along with an accompanying worksheet as backup for monthly and cumulative total costs, G&A, and total cumulative fees incurred.

Invoices for the services/goods provided under this award shall be submitted through the Department of Treasury’s Invoice Processing Platform (IPP). IPP is a Federal Government owned and operated website accessible to contractors free of charge. Information about IPP, including enrollment instructions, are available and should be obtained by the enrolled contractors directly from the Department of Treasury after award.

a. The following instructions apply to invoices submitted through IPP.Gov:

IPP invoice attachments SHALL NOT exceed the size limit of 10 megabytes (MB) each. However, you may submit multiple attachments of less than 10MB each with the invoices.

i. DO NOT submit an invoice or attachment that uses shading or color.

http://www.dol.gov/oasam/programs/boc/costdeterminationguide/main.html http://www.gsa.gov/ https://labornet.dol.gov/workplaceresources/Procurement/co-notices/2019/www.ipp.gov

SOLICITATION NUMBER: 1605JW-23-R-00002 New York Job Corps Center Academic Instruction and Career Technical Training

A. An emailed Portable Document Format (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.

B. An emailed Tagged Image File Format (TIFF) image must be black and white.

ii. DO NOT submit more than one invoice at a time.

iii. DO NOT attempt to use the “Recall or Resend” email message feature.

b. Electronic invoices shall be in PDF or TIFF format.

2. Paper invoices shall no longer be accepted.

3. General Information Payment due date is to be calculated from the date the invoice is received in accordance with FAR 32.905 and the instructions above.

Inquiries regarding invoices must be emailed to OCFOinvoiceinquiries@dol.gov. The relevant invoice must be attached to the inquiry email and the subject line of the email must state “INQUIRY”, as shown in the following example:

INQUIRY: <Contractor Name>, DOL Agency, <Contract Number, BPA Call or Order Number>, Invoice Number, <Invoice Amount> The contractor SHALL NOT use the DOL electronic invoicing email address for inquiries about any invoice.

Questions All questions regarding Electronic Invoicing shall be sent to the DOL Office of the Chief Financial Officer (OCFO) at OCFOinvoiceinquiries@dol.gov.

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 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 mailto:OCFOinvoiceinquiries@dol.gov mailto:OCFOinvoiceinquiries@dol.gov

SOLICITATION NUMBER: 1605JW-23-R-00002 New York Job Corps Center Academic Instruction and Career Technical Training found to be invalid and shall be required to reimburse the Government in the amount of $750 per invalid placement.

G.6 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.7 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

G.8 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;

SOLICITATION NUMBER: 1605JW-23-R-00002 New York Job Corps Center Academic Instruction and Career Technical Training

(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 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).

http://www.sam.gov/ http://www.sam.gov/

SOLICITATION NUMBER: 1605JW-23-R-00002 New York Job Corps Center Academic Instruction and Career Technical Training

(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.9 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 the contractor agrees to indemnify and hold harmless the government against any such claims and related costs.

G.10 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 https://www.sam.gov/ http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/FAR02.doc#s21

SOLICITATION NUMBER: 1605JW-23-R-00002 New York Job Corps Center Academic Instruction and Career Technical Training 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.

(End of clause)

G.11 DOL 2018-03 RECORDS MANAGEMENT REQUIREMENTS (AUGUST 2018)

A. Applicability

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.

B. Definitions

"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.

SOLICITATION NUMBER: 1605JW-23-R-00002 New York Job Corps Center Academic Instruction and Career Technical Training

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

4. May include deliverables and documentation associated with deliverables.

C. Requirements

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.