Loren Data's SAM Daily™

FBO DAILY - FEDBIZOPPS ISSUE OF MARCH 14, 2013 FBO #4128
SOLICITATION NOTICE

Z -- Preventive Maintenance on HVAC Fan Coils

Notice Date

3/12/2013
 

Notice Type

Presolicitation
 

NAICS

238220 — Plumbing, Heating, and Air-Conditioning Contractors
 

Contracting Office

Department of Labor, Employment Training Administration, Fred G. Acosta Job Corps Center, 901 South Campbell Avenue, Tucson, Arizona, 85719-6596
 

ZIP Code

85719-6596
 

Solicitation Number

FGAJCC2013002
 

Archive Date

4/10/2013
 

Point of Contact

Tammera Cardinal, Phone: 520-879-9189, Don Callen, Phone: 520-879-9188
 

E-Mail Address

cardinal.tammera@jobcorps.org, callen.don@jobcorps.org
(cardinal.tammera@jobcorps.org, callen.don@jobcorps.org)
 

Small Business Set-Aside

N/A
 

Description

FRED G. ACOSTA JOB CORPS CENTER 901 S. Campbell Avenue Tucson, AZ 85719 520-879-9189 FAX 520-879-9134 cardinal.tammera@jobcorps.org HVAC Fan Coil Project DATE: March 12, 2013 TO: Prospective Subcontractors RE: FGAJCC2013002 Specifications/Scope of Work Attachments: Federal Acquisition Clauses ResCare, Inc. Clauses Davis Bacon Act Clause Standards of Conduct Proposals must be turned in no later than March 26, 2013 at 10:00 MST Your proposal must be submitted Sealed bid hard copy via Post office, Courier, Fedex, UPS, or in person. Please indicate on your bid if you are a small business and or minority owned. Points of Contact: Tammera Cardinal, Procurement Agent Don Callen, Facilities Supervisor Fred G. Acosta Job Corps Center Fred G. Acosta Job Corps Center 520-879-9189 520-879-9188 Sally Rieger, Administrative Service Director Fred G. Acosta Job Corps Center 520-879-9183 FRED G. ACOSTA JOB CORPS CENTER 901 S Campbell Avenue Tucson, AZ 85719 520-879-9189 FAX 520-879-9134 cardinal.tammera@jobcorps.org REQUEST FOR PROPOSAL __ HVAC Fan Coil Project •1 GENERAL This project requires renovation as outlined in Section V, Scope of Work, at the Fred G. Acosta Job Corps Center, henceforth referred to as the Center. This project has been funded by the U.S. Department of Labor. The Fred G. Acosta Job Corps Center reserves the right to reject any or all proposals to waive any or all informalities. ResCare is an Equal Opportunity Employer and operates the Fred G. Acosta Job Corps Center under contract with the U. S. Department of Labor, National Office of Job Corps. II TERMS & CONDITIONS •A. CODES The Subcontractor will, in accomplishing the Scope of Work, use to the extent practicable, so long as they are deemed reasonable and desirable by the U. S. Department of Labor, construction codes, ordinances and regulations which are enforced by City, County, State or relevant Federal Agencies. Where such codes are not in effect, it will be the responsibility of the Subcontractor to consult and use to the extent practicable, NFPA and the National Building Codes, generally used in the area. All OSHA Regulations apply. The Subcontractor shall not submit the Scope of Work, plans and/or specifications to the local authority. Permits are not required for this project. B. SPECIFIC CONDITIONS 1. A site visit may be scheduled with the Center Facilities Supervisor. 2. It is the responsibility of the prospective Subcontractor to become thoroughly familiar with all pertinent conditions that are included in the Scope of Work. Failure to do so will not relieve the bidders from the responsibility of successfully performing the work. If additional visits to the Center are required prior to submitting the proposal, arrangements may be made with the Facilities Supervisor. 3. The Subcontractor shall promptly repair/replace any damage to structures, elements, utilities, finishes, etc., occurring due to the construction, maintenance or replacement; the cost shall be borne by the Subcontractor. •4. The Subcontractor shall be responsible for receiving, storing and securing all materials, equipment and other items to be used in accomplishing the work. The Subcontractor shall be responsible for all equipment and materials brought onto the Center and shall replace damaged or stolen items at his/her expense. •5. The Subcontractor shall maintain a clean and safe work area throughout the duration of the project. The Subcontractor shall, at the end of the day, remove debris and dispose of them away from the Center in a lawful manner. The Subcontractor shall be responsible for all fees required for waste disposal. •6. WARRANTY •(a) The Subcontractor shall assume full responsibility and warrant the satisfactory performance of his work for a period of one year from the acceptance of the work. •(b) Any deficiencies which occur shall be corrected by the Subcontractor at his/her expense during the one year warranty. •7. All persons employed under this subcontract shall, while on the premises, observe the regulations in effect at the site, and are cautioned that entrance to any building outside the scope of this project is forbidden, except by the permission of the Administrative Service Director or the Facilities Supervisor. •8. The Subcontractor will be doing work on federally owned property. All persons employed under this contract are to observe security regulations in effect at the Center. The Subcontractor and all persons employed under this contract are required to comply with established security, sign-in, and random search procedures. •9. The Subcontractor and all persons employed under the contract will not be permitted to utilize the Food Services amenities at the Center. •10. All conflicts or request for clarification/interpretation shall be submitted to the Facilities Supervisor. III PROPOSAL REQUIREMENT •A. Each bidder must submit their proposal to the Purchasing Department based upon Part V, Extent of Work. •B. Proposals shall be submitted for the work as a basis for the contract. •C. The proposal shall include all labor, material, and all incidental costs necessary to complete the work. •D. The Subcontractor must include with his/her proposal, certification that he/she will conform to the latest Davis-Bacon Wage Rate Decisions for Tucson, Arizona. Davis Bacon Wages can be found at http://www.gpo.gov/davisbacon. •E. The Subcontractor shall provide a list of similar projects completed by its firm and a list of references, including owners' names, addresses and telephone numbers. The Subcontractor shall also provide a list of names, addresses and telephone numbers of its financial institutions. •F. The Subcontractor shall acknowledge all proposal addendums, if any. •G. Prior to starting any work, the Subcontractor shall show proof of required insurance, including: •1. Builders Risk •2. Auto Insurance •3. Liability Insurance •4. Workmen's Compensation •H. All Subcontractors submitting proposals for this project shall have no less than five consecutive years' relevant experience. •I. The successful bidder shall begin the work within 7 days of the Notice-To-Proceed and notify the Center of any expected delays in the acquisition of materials, which may delay the completion of the project. •J. CHANGE ORDERS Change order proposals in which work is deleted, added or changed or will change the contract sum, profit and overhead shall be computed in accordance with the following policies: •1. The Subcontractor's overhead and profit on work performed by its' own crews shall not exceed 20% of the total direct cost. •2. The Subcontractor's commission on work performed by its' Subcontractor shall not exceed 10% of the total direct costs, Subcontractor's profit and overhead shall not exceed 20% of direct costs. •K. UPON AWARD •1. A Pre-Construction meeting shall be held at the Center after execution of the subcontract prior to commencement of the work. Those in attendance shall include the Administrative Service Director, Facilities Supervisor, any designated representative(s) and the Subcontractor. The meeting agenda shall include significant items that could affect the progress, schedule, phasing, critical sequencing, use of the premises, etc. •2. The Subcontractor shall submit a schedule of values and progress schedule within seven days of receipt of Notice to Proceed. The schedule must show any proposed interruptions to student activities and must have prior approval from the Administrative Service Director. The Center will remain in operation throughout the project. All construction activity shall be coordinated with the Facilities Supervisor. •3. The Subcontractor shall immediately notify the Center of any expected delays in the acquisition of materials which may delay the completion of the project. IV. ACCEPTANCE OF WORK •A. FINAL INSPECTION The Subcontractor shall inform the Center in writing at least three days prior to the estimated date of the completion of the work and request a final acceptance inspection. •B. CONTRACT CLOSEOUT •1. A notice of final completion; •2. A letter certifying completion of all work; •3. Certification of payment to subcontractor and supplies; •4. Consent of Surety to final payment; •5. The pay request; •6. All warranties, guarantees, literature, operations and maintenance manuals and any other information that related to the project; •7. Subcontractor's 'Letter of Guarantee'. The Subcontractor shall assume full responsibility and warrant for one year the satisfactory performance of the total installation, including all elements as called for in this Scope of Work. Any deficiencies shall be corrected by the subcontractor at his/her expense during the warranty period. V. EXTENT OF WORK SCOPE OF WORK •A. PREVENTATIVE MAINTENANCE OF FAN COIL UNITS The Pima Dormitory (Building 3) uses a 4-pipe HVAC system consisting of 103 fan coil units, two Trane model CHWD060GC chillers, an Evapco model AT8 56B cooling tower and a Rite model 105W hot water boiler. The heating and cooling system(s) are controlled by a DDC control system. The system is approximately 12 years old and is experiencing problems maintaining adequate space temperatures throughout the building. •B. SERVICES TO BE FURNISHED BY CONTRACTOR: It is the intent of this scope of work for the contractor to perform complete preventative maintenance on all fan coil units and balance both the air and water systems. The work required shall be performed between the hours of 8:00 a.m. and 3:00 p.m. Monday through Friday. Any work to be performed outside these times must be coordinated with the Center Facilities Supervisor, with a minimum of 48 hours in advance. It is anticipated that approximately 75 of the 103 fan coil units will have to be removed, or partially removed from the ceiling space to properly perform maintenance identified below. The contractor shall, at a minimum, perform the following items of work as part of the system assessment to determine the overall condition of the systems and equipment: •1. Protect the area around the place of work from dust and debris. Secure the area while conditions assessment work is being performed to prevent harm to the occupants of the building. •2. Perform preventative maintenance on all 103 fan coil units, located on both floors of the Pima Dormitory. Preventative maintenance items shall include, but not be limited to, the following: •a. Coil cleaning and inspection. Identify any coils requiring repair or replacement. •b. Fan motor cleaning and inspection. Identify any fan motors requiring repair or replacement. •c. Blower wheel assembly cleaning and inspection. Identify any fan motors requiring repair or replacement. •d. Verify proper operations and inspection conditions of hot water and chilled water control valves. Identify valves requiring repair or replacement. •e. Clean unit condensate pans and check for blockage in condensate drain lines. •f. Clean system strainers. •g. Clean duct work. •h. Clean return air sensors and verify proper operation. Identify return air sensors requiring replacement. •3. Upon completion of all preventative maintenance work the Subcontractor shall provide the Center a detailed listing and associated cost of all items requiring repair or replacement. All repair work required to bring the system to full operating conditions shall be performed prior to performing the air and water system balancing. •4. Provide unit prices for the following items: Unit prices shall be inclusive of the labor, material and equipment costs: a. Control Valve Replacement-Unit pricing shall be by valve size and include removal, replacement and operational testing. b. Blower System Replacement-Unit pricing shall include removal and replacement of the entire blower system consisting of fan motor and blower wheel assembly. c. Return Air Sensor Replacement-Unit pricing shall include removal, replacement, calibration and functional testing. d. Fan Coil Unit Coil Replacement-Unit pricing shall be by coil size and shall include removal and replacement. •5. Balance the air and water systems. Balancing of the systems shall be performed using the required design criteria contained in the Systems Commissioning & Testing Inc. HVAC Systems Test & Balance Report dated February 23, 1998. Upon completion of the system balancing, provide a complete Test & Balance Report. Fan Coil Replacement Costs The Center is requiring as a part of the initial bid, that the Subcontractor complete an estimated repair cost for each of the five different fan coil unit types and respective components. TRANE SERIAL NUMBER T97J48063 Control Valve $ Blower System Replacement $ Return Air Sensor $ Fan Coils Heat $ Fan Coils Cool $ TRANE SERIAL NUMBER T97J48066 Control Valve $ Blower System Replacement $ Return Air Sensor $ Fan Coils Heat $ Fan Coils Cool $ TRANE SERIAL NUMBER T97J48102 Control Valve $ Blower System Replacement $ Return Air Sensor $ Fan Coils Heat $ Fan Coils Cool $ TRANE SERIAL NUMBER T97J48071 Control Valve $ Blower System Replacement $ Return Air Sensor $ Fan Coils Heat $ Fan Coils Cool $ TRANE SERIAL NUMBER T97J48105 Control Valve $ Blower System Replacement $ Return Air Sensor $ Fan Coils Heat $ Fan Coils Cool $ Please contact Don Callen at 520-879-9188, to schedule a site visit or if further clarification is necessary. Davis Bacon Act wages apply to this contract FEDERAL ACQUISITION CLAUSES SECTION I. CONTRACT CLAUSES 52.252-2 Clauses Incorporated by Reference (Feb 1998) This contract incorporates the one or more clauses, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these addresses: www.acquisition.gov under the section of Federal Acquisition Regulation. Quarterly updates are made to the FAR and are called FAC's. To effectively utilize the clauses applicable for this project, the words "Government" "Officer" and similar, as used therein shall mean "Fred G. Acosta Job Corps Center/ResCare and the word "Contractor" shall mean your company. CLAUSE NUMBER TITLE 52.202-01 Definitions (Jan 2012) 52.203-02 Certificate of Independent Price Determination (Apr 1985) 52.203-03 Gratuities (Apr 1984) 52.203-05 Covenant Against Contingent Fees (Apr 1984) 52.203-06 Restrictions on Subcontractor Sales to the Government (Sep 2006) 52.203-07 Anti-Kickback Procedures (Oct 2010) 52.203-08 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity (Jan 1997) 52.203-12 Limitation on Payments to Influence Certain Federal Transactions (Oct 2010) 52.203-13 Contractor Code of Business Ethics and Conduct (Apr 2010) 52.203-15 Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (Jun 2010) 52.204-01 Approval of Contract (Dec 1989) 52.204-03 Taxpayer Identification (Oct 1998) 52.204-07 Central Contractor Registration (Feb 2012) 52.204-09 Personal Identity Verification of Contractor Personnel (Jan 2011) 52.204-11 American Recovery and Reinvestment Act-Reporting Requirements (Jul 2010) 52.209-05 Certification Regarding Responsibility Matters (Apr 2010) 52.209-06 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended or Proposed for Debarment (Dec 2010) 52.211-06 Brand Name or Equal (Aug 1999) 52.211-10 Commencement, Prosecution and Completion of Work (Apr 1984) 52.212-01 Instruction to Offerors-Commercial Items (Feb 2012) 52.214-03 Amendments to Invitations for Bids (Dec 1989) 52.214-04 False Statements in Bids (Apr 1984) 52.214-05 Submission of Bids (Mar 1997) 52.214-06 Explanation to Prospective Bidders (Apr 1984) 52.214-07 Late Submissions, Modifications and Withdrawal of Bids (Nov 1999) 52.215-01 Instruction to Offerors--Competitive Acquisition (Jan 2004) 52.215-02 Audit and Records-Negotiation (Oct 2010) 52.215-08 Order of Precedence-Uniform Contract Format (Oct 1997) 52.215-10 Price Reduction for Defective Certified Cost or Pricing Data (Aug 2011) 52.215-11 Price Reduction for Defective Certified Cost or Pricing Data-Modification (Aug 2011) 52.215-12 Subcontractor Certified Cost or Pricing Data (Oct 2010) 52.215-13 Subcontractor Certified Cost or Pricing Data-Modifications (Oct 2010) 52.215-14 Integrity of Unit Prices (Oct 2010) 52.215-20 Requirements for Certified Cost or Pricing Data and Data Other than Certified Cost or Pricing Data (Oct 2010) 52.215-21 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data-Modification (Oct 2010) 52.215-22 Limitations on Pass-Through Charges-Identification of Subcontract Effort (Oct 2009) 52.215-23 Limitations on Pass-Through Charges (Oct 2009) 52.216-07 Allowable Cost and Payment (Jun 2011) 52.216-10 Incentive Fee (Jun 2011) 52.217-08 Option to Extend Services (Nov 1999) 52.217-09 Option to Extend the Term of the Contract (Mar 2000) 52.219-08 Utilization of Small Business Concerns (Jan 2011) 52.219-09 Small Business Subcontracting Plan (Jan 2011) 52.219-14 Limitations on Subcontracting (Nov 2011) 52.219-16 Liquidated Damages-Subcontracting Plan (Jan 1999) 52.219-28 Post-Award Small Business Program Rerepresentation (Apr 2012) 52.222-01 Notice to the Government of Labor Disputes (Feb 1997) 52.222-02 Payment for Overtime Premiums (Jul 1990) 52.222-03 Convict Labor (Jun 2003) 52.222-04 Contract Work Hours and Safety Standards Act-Overtime Compensation (Jul 2005) 52.222-06 Davis Bacon Act (Jul 2005) 52.222-07 Withholding of Funds (Feb 1988) 52.222-08 Payrolls and Basic Records (Jun 2010) 52.222-09 Apprentices and Trainees (Jul 2005) 52.222-10 Compliance with Copeland Act Requirement (Feb 1988) 52.222-11 Subcontracts (Labor Standards) (Jul 2005) 52.222-12 Contract Termination-Debarment (Feb 1988) 52.222-13 Compliance with Davis Bacon and Related Act Regulations (Feb 1988) 52.222-14 Disputes Concerning Labor Standards (Feb 1988) 52.222-15 Certification of Eligibility (Feb 1988) 52.222-16 Approval of Wage Rates (Feb 1988) 52.222-21 Prohibition of Segregated Facilities (Feb 1999) 52.222-26 Equal Opportunity (Mar 2007) 52.222-35 Equal Opportunity for Veterans (Sep 2010) 52.222-36 Affirmative Action for Workers with Disabilities (Oct 2010) 52.222-37 Employment Reports on Veterans (Sep 2010) 52.222-40 Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) 52.222-41 Service Contract Act of 1965 (Nov 2007) 52.222-50 Combating Trafficking in Persons (Feb 2009) 52.222-53 Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements (Feb 2009) 52.222-54 Employment Eligibility Verification (Jan 2009) 52.223-03 Hazardous Material Identification and Material Safety Data (Jan 1997) 52.223-05 Pollution Prevention and Right-To-Know Information (May 2011) 52.223-06 Drug Free Workplace (May 2001) 52.223-10 Waste Reduction Program (May 2011) 52.223-18 Encouraging Contractor Policy to Ban Text Messaging While Driving (Aug 2011) 52.224-01 Privacy Act Notification (Apr 1984) 52.224-02 Privacy Act (Apr 1984) 52.225-01 Buy American Act-Supplies (Feb 2009) 52.225-09 Buy American Act Construction Materials (Sep 2010) 52.225-13 Restrictions on Certain Foreign Purchases (June 2008) 52.225-22 Notice of Required use of American Iron, Steel and Manufactured Goods-Buy American Act-Construction Materials (Oct 2010) 52.227-01 Authorization and Consent (Dec 2007) 52.228-01 Bid Guarantee (Sep 1996) 52.228-05 Insurance-Work on a Government Installation (Jan 1997) 52.228-07 Insurance-Liability to Third Persons (Mar 1997) 52.229-03 Federal, State and Local Taxes (Apr 2003) 52.232-09 Limitation on Withholding of Payments (Apr 1984) 52.232-16 Progress Payments (Aug 2010) 52.232-17 Interest (Oct 2010) 52.232-18 Availability of Funds (Apr 1984) 52.232-19 Availability of Funds for the Next Fiscal Year (Apr 1984) 52.232-23 Assignment of claims (Jan 1986) 52.232-25 Prompt Payment (Oct 2008) 52.232-33 Payment by Electronic Funds Transfer-Central Contractor Registration (Oct 2003) 52.232-34 Payment by Electronic Funds Transfer-Other than Central Contractor Registration (May 1999) 52.233-01 Disputes (Jul 2002) 52.233-03 Protest After Award/Alternate I (Jun 1985) (Aug 1996) 52.233-04 Applicable Law for Breach of Contract Claim (Oct 2004) 52.236-05 Material and Workmanship (Apr 1984) 52.236-06 Superintendence by the Contractor (Apr 1984) 52.236-07 Permits and Responsibilities (Nov 1991) 52.237-01 Site Visit (Apr 1984) 52.237-02 Protection of Government Buildings, Equipment & Vegetation (Apr 1984) 52.242-01 Notice of Intent to Disallow Costs (Apr 1984) 52.242-03 Penalties for Unallowable Costs (Mar 2001) 52.242-04 Certification of Final Indirect Costs (Jan 1997) 52.242-13 Bankruptcy (Jul 1995) 52.242-15 Stop Work Orders/Alternate 1 (Apr 1984) (Aug 1989) 52.244-05 Competition in Subcontracting (Dec 1996) 52.244-06 Subcontracts for Commercial Items (Dec 2010) 52.245-01 Government Property (Apr 2012) 52.246-05 Inspection of Services-Cost-Reimbursement (Apr 1984) 52.246-12 Inspection of Construction (Aug 1996) 52.246-25 Limitation of Liability-Services (Feb 1997) 52.249-01 Termination for Convenience of the Government (Fixed Price) (Short Form) (Apr 1984) 52.249-06 Termination (Cost-Reimbursement) (May 2004) 52.249-14 Excusable Delays (Apr 1984) Compiled by ResCare/FGAJCC January 30, 2013 Tammera Cardinal, Procurement Agent RESCARE CLAUSES Government Approval ResCare is entering into this agreement on behalf of the Federal Government, and therefore, it will not be effective until approved in writing by the U. S. Department of Labor, Employment and Training Administration's Contracting Officer or designated representative. Contract Termination-Debarment A breach of the Clauses hereof entitled "Davis-Bacon Act". "Contract Work Hours and Safety Standards Act-Overtime Compensation", "Apprentices and Trainees", "Payrolls and Basic Records", "Compliance with Copeland Regulations", "Withholding of Funds" and "Subcontracts" may be grounds for termination of the contract, and for debarment as provided in 48 CFR 9.406. Duplication of Efforts The contractor hereby certifies that costs of work to be performed under this contract and any subcontract, hereunder, are not duplicative of any costs charged against any other government contract, subcontract, or other government source. The contractor will include the provisions of this paragraph in every subcontract issued hereunder which exceeds $2,500. The contractor agrees to advise the Contracting Officer in writing of any other government contract, or subcontract it has performed, or is performing, which involves work directly related to the purpose of this contract. Wage Comparability (I) The Subcontractor Agrees: (A) To pay at least the prevailing applicable federal minimum wage (refer to Section 6(a) (1) of the fair Labor Standards Act of 1938, as amended). (B) That Department of Labor will reimburse for compensation in excess of the minimum only to the extent that such compensation does not exceed the standards set forth for reasonableness thereof in the applicable Cost Principles (FAR 31.205-6). In general, compensation should be limited to an amount which does not exceed the wage or salary payable to persons providing substantially similar services in the area where the program is being carried out, or the area of the particular employee's immediately preceding employment, whichever is higher. The subcontractor agrees to submit a statement of wages and salaries as required under c below. (C) As appropriate and required, the subcontractor will pay Davis-Bacon and/or Service Contract prevailing wages and ensure that subcontractors follow those previsions. The subcontractor is liable for costs if the subcontractor is paying the prevailing rates and a protest of problem occurs with those rates. Payrolls and Basic Records (I) The Contractor or Subcontractor shall maintain payrolls and basic payroll records during the course of the contract work and shall preserve them for a period of 3 years from the completion of the contract for all laborers and mechanics, including guards, watchmen, working on the contract. Such records shall contain the name and address of each such employee, social security number, correct classification, hourly rates of wages paid, daily and weekly number of hours worked, deductions made, and actual wages paid. (II) The records to be maintained under paragraph (1) of this clause shall be made available by the contractor or subcontractor for inspection, copying, or transcription by the Contracting Officer or the Department of Labor or their authorized representatives. The Contractor and Subcontractors will permit such representatives to interview employees during working hours on the job. (III) The Contractor shall insert paragraphs (1) through (3) of this clause in all subcontracts and shall require their inclusion in all subcontracts for any tier. Contract Identification Number The subcontractor agrees to refer to and apply the identifying number of this contract on all correspondence, communications, reports, vouchers, and all other data concerning contract, or delivered hereunder. Submission of Correspondence All correspondence relating to contractual aspects shall be directed to the attention of the Procurement Personnel at the address listed on the face sheet of this contract. Authorization and Consent (April 1984 (I) The Government authorized and consents to all use and manufacture, in performing this contract or any subcontract at any tier, of any invention described in and covered by United States patent. (II) Embodied in the structure or composition of any article the delivery of which is accepted by the government under this contract. Or- (A) Used in machinery, tools, or methods whose use are necessarily results from compliance by the contractor or a subcontractor with: (1) Specifications or written provisions forming a part of this contract. Or- (2) Specific written instructions given by the Contracting Officer directing the manner of performance. The entire liability to the Government for infringement of a patent of the United States shall be determined solely by the provisions of the indemnity clause, if any, included in this contract or any subcontract hereunder (including any lower-tier subcontract), and the Government assumes liability for all other infringement to the extent of the authorization and consent herein above granted. (B) The Contractor agrees to include, and require inclusion of, this clause, suitably modified to identify the parties, in all subcontracts at any tier for supplies or services, (including construction, architect-engineer services, and materials, supplies, models, samples, and design or testing services expected to exceed $25,000 (however, omission of this clause from any subcontract, under or over $25,000, does not affect this authorization and consent). Disposition of Data and Copyrights (I) The terms "subject data", "contract" and "contractor" as used herein are defined as follows: (A) "Subject Data" includes writings, sound recordings, pictorial reproductions, drawings or other graphical representations and words of any similar nature (whether or not under copyright) which are specified to be delivered under this contract. The term does not include financial reports, cost analysis and similar information incidental to contract administration. (B) "Contract" includes contract, subcontract, agreement, and sub-agreement. (C) "Contractor" includes any party with whom the Government enters a contact. Subject to the provisions of paragraph d below, the government may duplicate, use and disclose in any manner and for any purpose whatsoever, and have others so do, all subject data delivered under this contract. (D) The Contractor agrees to and does hereby grant the government, and to its officers, agents, and employees acting within the scope of their duties, a royalty-free non-exclusive and irrevocable license throughout the world, to publish, translate, reproduce, deliver, perform, dispose of, and to authorize others to so do, all subject data now or hereafter covered by copyright; provided that, with respect to the subject data not originated in the work furnished under this contract that which is incorporated in the work furnished under this contract such license shall only be to the extent that the contractor, its employees or individual or concern employed or assigned by the contractor to originate and prepare such data under this contract, now has or prior to completion or final settlement of this contract, may acquire the right, or grant such license, without becoming liable to pay compensation to others solely because of such grant. (E) The Contractor shall report to the Contacting Officer promptly in reasonably written detail, each notice of claim of copyright infringement received by the contractor with respect to all subject data delivered under this contract. (F) The contractor shall indemnify and save and hold harmless ResCare, its' officers, agents, and employees acting within the scope of their official duties against any liability, including costs and expenses: •(1) For violation or proprietary rights, copyrights or right of privacy, arising out of the publication, translation, reproduction, delivery, performance, use, or disposition of any data furnished under this contract. Or- •(2) Based upon any libelous or other unlawful matter contained in such data. (G) Nothing contained in this clause shall imply a license to the Government under any patent or be construed as affecting the scope of any license or other right otherwise granted to the Government under any patent. (H) The contractor shall not affix any restrictive markings upon any subject data, and if such markings are affixed, the government shall have the right at any time to modify, remove, obliterate, or ignore any such markings. (I) The contactor further agrees not to publish, have published or otherwise disseminate any information of whatever nature resulting from the work being performed under this contract except as may be approved by the Department's Contracting Officer hereunder. (J) The Contractor agrees that the Department's Contracting Officer hereunder shall determine the disposition if the title to any rights under any copyright secured by the contractor or its employees on copyrightable materials developed under this contract. (K) The Contractor agrees to preserve for a period of 36 months and, upon request of the Contacting Officer, make available to the government for use, all scientific and technical information, data and know-how of any nature, developed in performance of this contract and in connection with the Contractor's activities on or related to this contract, regardless of whether such information, data and know-how was delivered and/or deliverable under the terms and provisions of this contract. Disputes (I) This contract is subject to the Contract Disputes Act of 1978 (41 U.S.C. 601-613) (The Act). (II) Except as provided in the Act, all disputes arising under or relating to this contract shall be resolved under this clause. (III) "Claim" as used in this clause, means a written demand or written assertion by one of the contracting parties seeking, as a matter of right, the payment of money in a sum certain, the adjustment of interpretation of contract terms, or other relief arising under or relating to this contract. A claim arising under a contract, unlike a claim relating to that contract, is a claim that can be resolved under a contract clause that provides for the relief sought by the claimant. However, a written demand or written assertion by the contractor seeking the payment of money exceeding $50,000 is not a claim under the ACT until certified as required by subparagraph (d) (2) below. A voucher, invoice, or other routine request for payment is not in dispute when submitted is not a claim under the Act. The submission and certification requirements of this clause, if it is disputed either as to liability or amount or is not acted upon in a reasonable time. (IV) A claim by the Contractor shall be made in writing and submitted to the Contracting Officer for written decision. A claim by the Government against the Contractor shall be subject to a written decision by the Contracting Officer. (V) For contractor claims exceeding $50,000, the Contractor shall submit with the claim certification that: (A) The claim is made in good faith. (B) Supporting data is accurate and complete to the best of the Contractor's knowledge and belief. And (C) The amount requested accurately reflects the contract adjustment of which the Contractor believes the government is liable. (D) If the Contractor is an individual, the certification shall be executed by the individual. (E) If the Contractor is not an individual, the certification shall be executed by: •(1) A senior company official in charge at the Contractor's plant or location involved. Or •(2) An officer or general partner of the Contractor having overall responsibility for the conduct of the Contractor's affairs. (VI) For Contractor claims of $50,000 or less, the Contracting Officer must, if requested in writing by the Contractor, render a decision within 60 days of request. For contractor certified claims over $50,000, the Contracting Officer must, within 60 days, decide the claim or notify the Contractor of the date by which the decision will be made. (VII) The Contracting Officer's decision shall be final unless the Contractor appeals or files a suit as provided in the Act. (VIII) The Government shall pay interest on the amount found due and paid from: (A) The date the Contracting Officer received the claim (properly certified, if required). Or (B) The date payment otherwise would be due if that date is later, until the date of payment. Simple interest on claims shall be paid at the rate, fixed by the Secretary of the Treasury as provided in the Act, which is applicable to the period during which the Contracting Officer receives the claim and then at the rate applicable for each six month period as fixed by the Treasury Secretary during the pendency of the claim. (C) The Contractor shall proved diligently with the performance of this contract, pending final resolution of any request for relief claim, appeal, or action arising under the contract and comply with any decision of the Contracting Officer. 52.222-6 Davis-Bacon Act. As prescribed in 22.407 (a), insert the following clause: DAVIS-BACON ACT (JULY 2005) (I) Definition.- "Site of the work" (A) Means (1) The primary site of the work. The physical place or places where the construction called for in the contract will remain when work on it is completed; and (2) The secondary site of the work, if any. Any other site where a significant portion of the building or work is constructed, provided that such site is (a) Located in the United States; and (b) Established specifically for the performance of the contract or project; (B) Except as provided in paragraph (3) of this definition, includes any fabrication plants, mobile factories, batch plants, borrow pits, job headquarters, tool yards, etc., provided (1) They are dedicated exclusively, or nearly so, to performance of the contract or project; and (2) They are adjacent or virtually adjacent to the "primary site of the work" as defined in paragraph (a)(1)(i), or the "secondary site of the work" as defined in paragraph (a)(1)(ii) of this definition; (C) Does not include permanent home offices, branch plant establishments, fabrication plants, or tool yards of a Contractor or subcontractor whose locations and continuance in operation are determined wholly without regard to a particular Federal contract or project. In addition, fabrication plants, batch plants, borrow pits, job headquarters, yards, etc., of a commercial or material supplier which are established by a supplier of materials for the project before opening of bids and not on the Project site, are not included in the "site of the work." Such permanent, previously established facilities are not a part of the "site of the work" even if the operations for a period of time may be dedicated exclusively or nearly so, to the performance of a contract. (II)(A) All laborers and mechanics employed or working upon the site of the work will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, or as may be incorporated for a secondary site of the work, regardless of any contractual relationship which may be alleged to exist between the Contractor and such laborers and mechanics. Any wage determination incorporated for a secondary site of the work shall be effective from the first day on which work under the contract was performed at that site and shall be incorporated without any adjustment in contract price or estimated cost. Laborers employed by the construction Contractor or construction subcontractor that are transporting portions of the building or work between the secondary site of the work and the primary site of the work shall be paid in accordance with the wage determination applicable to the primary site of the work. (B) Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (e) of this clause; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such period. (C) Such laborers and mechanics shall be paid not less than the appropriate wage rate and fringe benefits in the wage determination for the classification of work actually performed, without regard to skill, except as provided in the clause entitled Apprentices and Trainees. Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein; provided that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. (D) The wage determination (including any additional classifications and wage rates conformed under paragraph (c) of this clause) and the Davis-Bacon poster (WH-1321) shall be posted at all times by the Contractor and its subcontractors at the primary site of the work and the secondary site of the work, if any, in a prominent and accessible place where it can be easily seen by the workers. (III)(A) The Contracting Officer shall require that any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The Contracting Officer shall approve an additional classification and wage rate and fringe benefits therefore only when all the following criteria have been met: (1) The work to be performed by the classification requested is not performed by a classification in the wage determination. (2) The classification is utilized in the area by the construction industry. (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (B) If the Contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives and the Contracting Officer agree on the classification and wage rate (including the amount designated for fringe benefits, where appropriate), a report of the action taken shall be sent by the Contracting Officer to the Administrator of the: Wage and Hour Division Employment Standards Administration U.S. Department of Labor Washington, DC 20210 The Administrator or an authorized representative will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the Contracting Officer or will notify the Contracting Officer within the 30-day period that additional time is necessary. (C) In the event the Contractor, the laborers or mechanics to be employed in the classification, or their representatives, and the Contracting Officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the Contracting Officer shall refer the questions, including the views of all interested parties and the recommendation of the Contracting Officer, to the Administrator of the Wage and Hour Division for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and advise the Contracting Officer or will notify the Contracting Officer within the 30-day period that additional time is necessary. (D) The wage rate (including fringe benefits, where (appropriate) determined pursuant to paragraphs (c)(2) and(c)(3) of this clause shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (IV) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the Contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (V) If the Contractor does not make payments to a trustee or other third person, the Contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program; provided, That the Secretary of Labor has found, upon the written request of the Contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the Contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (End of clause) FRED G. ACOSTA JOB CORPS CENTER STANDARDS OF CONDUCT The Fred G. Acosta Job Corps Center (FGAJCC) maintains that certain rules and regulations regarding employee/subcontractor behavior are necessary for the efficient operation of the Center and for the benefit and safety of all employees/workers and the persons we serve. Conduct that interferes with Center operations, discredits the Company, or is offensive, is not acceptable. It is impossible to compile a listing of all violations; however, the examples below are illustrative of the type of behavior that will not be permitted or tolerated and will result in being escorted off Center promptly: •· Any acts of disrespect, abuse and/or neglect toward the students we serve. •· Contributing to the delinquency of the students we serve including engaging in sexual misconduct, fraternization between staff/workers and the students we serve. •· Fighting with, abusive or threatening conduct or speech towards any students we serve, FGAJCC employees or fellow workers. •· Failure to immediately report cases of actual or suspected abuse/neglect or any incident of a reportable nature to the FGAJCC Administrative Service Director. •· Theft, unauthorized removal, wrongful possession, or deliberate destruction of property, merchandise or equipment belonging to the Center or the students we serve is strictly prohibited. •· Unlawful manufacture, distribution, dispensation, possession, sale, purchase, or use of illegal drugs, controlled substances, or alcohol while on the FGAJCC premises, will result in immediate removal from the facility. •· Failure to follow safety rules and/or health practices. •· Possession or use of a firearm, illegal knife, explosive or any other prohibited weapon of any kind while on the FGAJCC premises, will be promptly escorted off Center. •· Disclosure of confidential information to unauthori zed persons. •· Dissemination of false or malicious information about the company, employees, or the individuals we serve. •· Gambling on company premises. •· Substantiated acts of harassment including such conduct as slurs, jokes, intimidation, or other verbal or physical attacks upon a person because of their race, color, religion, sex, national origin, age, disability, or veteran status. •· Substantiated acts of discrimination which deny equal treatment in all terms, conditions, and privileges of employment because of an individual's race, color, sex religion, age, national origin, disability or veteran status. •· Improper parking of motor vehicles, reckless driving, speeding, and violation of motor vehicle laws while driving on FGAJCC premises. •· Smoking will not be permitted on federal property. This is not an all-inclusive listing. Any questions in connection with this policy should be directed to the Administrative Service Director. PROFESSIONAL SERVICE AGREEMENT Health Insurance Portability and Accountability Act HIPPA Parties Rights and Obligation Pursuant to the HIPPA Privacy Rule. The rights and obligations of the parties as described below are established according to the Health Insurance Portability and Accountability Act of 1996 ("HIPPA" or the "Act") and Privacy Rule (45 C.F.R. Parts 160 and 164) established by the Department of Health and Human Services pursuant to the Act (the "Privacy Rule"). •1. Definitions. The following terms shall have the same meanings as those terms in the Privacy Rule: Business Associate, Covered Entity, Individual, Protected Health Information, and Data Aggregation. •2. Subcontractor's Obligations •(a) Subcontractor agrees not to use or disclose, and to use appropriate safeguards to prevent use or disclosure of protected health information other than permitted or required by the Agreement or as required by law. •(b) Subcontractor agrees to mitigate, to the extent practicable, any harmful effect that it is aware of that result from a use or disclosure of protected health information by it in violation of the requirements of this Agreement. •(c) Subcontractor agrees to report to the Provider any use or disclosure of the protected health information not provided for by this Agreement, or security incident involving the protected health information of which it becomes aware. •(d) Subcontractor agrees to ensure that its agents, including subcontractors, agree to the same restrictions and conditions that apply through this Agreement to it with respect to the use or disclosure of protected health information received by or on behalf of, or created for or on behalf, of the provider. •(e) Subcontractor agrees to provide access to protected health information to Provider, or at the Provider's request to an individual in accordance with the requirements of 45 CFR 164.524. •(f) Subcontractor agrees to make any amendment(s) to protected health information that Provider directs or agrees to pursuant to the standard set forth in 45 CFR 164.524. •(g) Subcontractor agrees to make available to the Secretary or his designee its internal practices, books, records, policies and procedures or those of the Provider used by Subcontractor related to the use and disclosure of protected health information for the purpose of determining Provider's protected health information for the purpose of determining Provider's compliance with the Privacy Rule. The Secretary shall have access to such information in the time period and manner agreed to by the parties or prescribed by the Privacy Rule. •(h) Subcontractor agrees to maintain documentation of and information related to its uses and disclosures of protected health information to permit Provider to provide an accounting of disclosures as prescribed by 45 CFR 164.528. •(i) Subcontractor agrees to implement administrative, physical, and technical safeguards that reasonably and appropriately protect the confidentiality, integrity and availability of the electronic protected health information that it creates, received, maintains, or transmits on behalf of the Covered Entity. •3. Permitted Uses and Disclosures by Subcontractor •(a) Except as otherwise limited in this Agreement or by the Privacy Rule, subcontractor may use or disclose protected health information to the extent necessary to permit it to carry out its obligations under the agreement and for its own management and administration. •(b) Subcontractor may use protected health information to provide aggregation to the Provider. •(c) Subcontractor may use protected health information to report violations of law to the appropriate federal and state authorities in a manner consistent with the Privacy Rule. •4. Provider's Obligations Provider agrees to comply with all applicable provisions of the Privacy Rule. Provider has developed a plan with applicable policies and procedures to insure compliance with the terms of the Privacy Rule. •5. Termination •(a) In addition to the termination provisions in the Agreement, Provider shall have the right to take the following steps if it becomes aware that the Subcontractor has materially breached Provider's Privacy policies and procedures or becomes aware that the Subcontractor has violated a material provision of the Privacy Rule: •1. Provide the Subcontractor with the opportunity to cure the breach or violation, or •2. Immediately terminate the Agreement if Subcontractor is unable or unwilling to cure the breach or violation, or •3. If neither termination nor cure is feasible, the Provider shall report the violation to the Secretary. •(b) If the contract is terminated, Subcontractor shall return all protected health information received from Provider or created or received by Subcontractor on behalf of the Provider. This provision shall also apply to protected health information that is in the possession of subcontractors or agents of the Subcontractor. Subcontractor shall retain no copies of the protected health information. •6. Miscellaneous •(a) Survival. The respective rights and obligations of Subcontractor under Section 5(b) and 5(c) of this amendment shall survive the termination of the Agreement and the other provisions of this Agreement. •(b) Interpretation. Any ambiguity related to any provision of this Agreement shall be resolved to permit the Provider and the Subcontractor to comply with the Privacy Rule. IN WITNESS HEROF, the parties have executed this Agreement effective immediately. Signatures are required for the Subcontractor official and anyone who will be performing work at the Fred G. Acosta Job Corps Center in performance of this contract. Signature Date __________________________________ _______________________________________ __________________________________ _______________________________________ __________________________________ _______________________________________ __________________________________ _______________________________________ __________________________________ _______________________________________
 

Web Link

FBO.gov Permalink
(https://www.fbo.gov/spg/DOL/ETA/Acostajcc/FGAJCC2013002/listing.html)
 

Place of Performance

Address: Fred G. Acosta Job Corps Center, 901 S. Campbell Ave, Tucson, Arizona, 85719, United States

Zip Code: 85719
 

Record

SN03009850-W 20130314/130312234932-522d112159622b10f3676c01f2075eab (fbodaily.com)
 

Source

FedBizOpps Link to This Notice
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