A roundup of some of the more unusual items that crossed our desk recently.
Notice Type: Combine Solicitation
Posted Date: 17-FEB-14
Office Address: Department of Labor; Employment Training Administration; Fred G. Acosta Job Corps Center; 901 South Campbell Avenue Tucson AZ 85719-6596
Subject: Parking Lot Paving Project
Classification Code: 99 - Miscellaneous
Solicitation Number: FGAJCC2014-001
Contact: Tammera Cardinal, Procurement Agent, Phone 520-879-9189, Fax 520-879-9134, Email email@example.com - Tammera Cardinal, Purchasing Agent, Phone 520-879-9189, Fax 520-879-9134, Email firstname.lastname@example.org
Setaside: Total Small BusinessTotal Small Business
Place of Performance (address): Fred G. Acosta Job Corps Center901 S. Campbell Ave Tucson, AZ
Place of Performance (zipcode): 85719
Place of Performance Country: US
Description: Department of Labor
Employment Training Administration
Fred G. Acosta Job Corps Center
FRED G. ACOSTA JOB CORPS CENTER
901 S. Campbell Avenue
Tucson, AZ 85719
Parking Lot Paving Project
DATE: February 14, 2014
TO: Prospective Subcontractors
Specifications/Scope of Work
Federal Acquisition Clauses
ResCare, Inc. Clauses
Davis Bacon Act Clause
Standards of Conduct
Proposals must be turned in no later than March 18, 2014 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.
Points of contact:
Tammera Cardinal, Procurement Agent Don Callen, Facilities Supervisor
Fred G. Acosta Job Corps Center Fred G. Acosta Job Corps Center
Sally Rieger, Administrative Service Director
901 S Campbell Avenue
REQUEST FOR PROPOSAL
* 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, Pima County. Davis Bacon Wages can be found at http://www.wdol.gov/.
* 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. Auto Insurance
* 2. Liability Insurance
* 3. Workmen's Compensation
* H. The Subcontractor must be registered in the System for Award Management, https://www.sam.gov/portal/public/SAM/.
* I. All Subcontractors submitting proposals for this project shall have no less than five consecutive years' relevant experience.
* J. 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.
* K. 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.
* L. 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
The Fred G. Acosta Job Corps Center has 3 parking lots on the west end of the facility that need asphalt repairs. Additionally, an access road that extends northeast through the Center will also require asphalt repairs.
The North and Middle parking lots will require approximately 1,120 sq. ft. in 26 areas skin patched with hot asphalt and compacted with a roller. There are 9 additional areas totaling approximately 880 sq. ft. that will need to be saw cut, excavated, removed and repaved with hot asphalt compacted to 3 1/2 " depth. Apply approximately 75 gallons of rubberized crack sealer to all cracks over 1/4 "or wider. Apply a fine grade type 1 slurry seal to approximately 3,934 sq. yds. at a rate of 15 lbs. per sq. yd. Restripe all pavement markings to match existing layout.
The South parking lot will require approximately 30 gallons of rubberized crack sealer applied to all cracks over 1/4" or wider then apply 2 coats of sealer to approximately 20,500 sq. ft. Restripe all pavement markings to match existing layout.
The access road through the Center will require approximately 878 sq. ft. in 9 areas skin patched with hot asphalt and compacted with a roller. Apply approximately 20 gallons of rubberized crack sealer to all cracks over 1/4 " or wider Apply a fine grade type 1 slurry seal to approximately 3,100 sq. yds.at a rate of 15 lbs. per sq. yd. Restripe all pavement markings to match existing layout.
This Center prefers the use of environmentally friendly products and recycled materials for this project.
The work can be done during regular business hours, 8:00 AM - 5:00 PM, Monday thru Friday. The Job Corps Center will remain in operation during this construction project, so every effort must be made to provide for minimal disruption to the Center.
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: http://www.acquisition.gov [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
52.202-1 Definitions (Jan 2012)
52.203-2 Certificate of Independent Price Determination (Apr 1985)
52.203-3 Gratuities (Apr 1984)
52.203-5 Covenant Against Contingent Fees (Apr 1984)
52.203-6 Restrictions on Subcontractor Sales to the Government (Sep 2006)
52.203-7 Anti-Kickback Procedures (Oct 2010)
52.203-8 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)
52.204-1 Approval of Contract (Dec 1989)
52.204-3 Taxpayer Identification (Oct 1998)
52.204-7 Central Contractor Registration (Feb 2012)
52.204-9 Personal Identity Verification of Contractor Personnel (Jan 2011)
52.204-11 American Recovery and Reinvestment Act-Reporting Requirements (Jul 2010)
52.209-5 Certification Regarding Responsibility Matters (Apr 2010)
52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended or Proposed for Debarment (Dec 2010)
52.211-10 Commencement, Prosecution and Completion of Work (Apr 1984)
52.212-1 Instruction to Offerors-Commercial Items (Feb 2012)
52.214-3 Amendments to Invitations for Bids (Dec 1989)
52.214-4 False Statements in Bids (Apr 1984)
52.214-5 Submission of Bids (Mar 1997)
52.214-6 Explanation to Prospective Bidders (Apr 1984)
52.214-7 Late Submissions, Modifications and Withdrawal of Bids (Nov 1999)
52.215-1 Instruction to Offerors--Competitive Acquisition (Jan 2004)
52.215-2 Audit and Records-Negotiation (Oct 2010)
52.215-8 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)
52.216-7 Allowable Cost and Payment (Jun 2011)
52.216-10 Incentive Fee (Jun 2011)
52.217-8 Option to Extend Services (Nov 1999)
52.217-9 Option to Extend the Term of the Contract (Mar 2000)
52.219-8 Utilization of Small Business Concerns (Jan 2011)
52.219-9 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)
52.222-1 Notice to the Government of Labor Disputes (Feb 1997)
52.222-2 Payment for Overtime Premiums (Jul 1990)
52.222-3 Convict Labor (Jun 2003)
52.222-4 Contract Work Hours and Safety Standards Act-Overtime Compensation (Jul 2005)
52.222-6 Davis Bacon Act (Jul 2005)
52.222-7 Withholding of Funds (Feb 1988)
52.222-8 Payrolls and Basic Records (Jun 2010)
52.222-9 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)
52.222-50 Combating Trafficking in Persons (Feb 2009)
52.222-54 Employment Eligibility Verification (Jan 2009)
52.223-3 Hazardous Material Identification and Material Safety Data (Jan 1997)
52.223-5 Pollution Prevention and Right-To-Know Information (May 2011)
52.223-6 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)
52.224-1 Privacy Act Notification (Apr 1984)
52.224-2 Privacy Act (Apr 1984)
52.225-1 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)
52.227-1 Authorization and Consent (Dec 2007)
52.228-1 Bid Guarantee (Sep 1996)
52.228-5 Insurance-Work on a Government Installation (Jan 1997)
52.228-7 Insurance-Liability to Third Persons (Mar 1997)
52.229-3 Federal, State and Local Taxes (Apr 2003)
52.232-9 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)
52.232-23 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)
52.233-1 Disputes (Jul 2002)
52.233-3 Protest After Award/Alternate I (Jun 1985) (Aug 1996)
52.233-4 Applicable Law for Breach of Contract Claim (Oct 2004)
52.236-5 Material and Workmanship (Apr 1984)
52.236-6 Superintendence by the Contractor (Apr 1984)
52.237-1 Site Visit (Apr 1984)
52.237-3 Continuity of Service (Jan 1991)
52.237-2 Protection of Government Buildings, Equipment & Vegetation (Apr 1984)
52.242-1 Notice of Intent to Disallow Costs (Apr 1984)
52.242-2 Production Progress Report (Apr 1991)
52.242-3 Penalties for Unallowable Costs (Mar 2001)
52.242-4 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)
52.244-5 Competition in Subcontracting (Dec 1996)
52.244-6 Subcontracts for Commercial Items (Dec 2010)
52.245-1 Government Property (Apr 2012)
52.246-5 Inspection of Services-Cost-Reimbursement (Apr 1984)
52.246-12 Inspection of Construction (Aug 1996)
52.246-25 Limitation of Liability-Services (Feb 1997)
52.249-1 Termination for Convenience of the Government (Fixed Price) (Short Form) (Apr 1984)
52.249-6 Termination (Cost-Reimbursement) (May 2004)
52.249-14 Excusable Delays (Apr 1984)
Compiled by ResCare/FGAJCC January 30, 2013 Tammera Cardinal, Procurement Agent
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.
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.
(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 wages are being paid below the prevailing wages. The Government 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.
(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 exert all reasonable effort to advise the Contracting Officer, at the time of delivery of the subject data furnished under this contract, of all portions of such data copied from work not composed or produced in the performance of this contract and licensed under this clause; provided that, if such subject data is included, evidence shall be submitted by the contactor of the copyright owner's consent to the use of such subject data by the contractor. In the absence of such consent, the contractor agrees not to furnish such subject data.
(F) The contractor shall report to the Contracting 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.
(G) 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.
(H)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.
(I)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.
(J) The Contractor 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.
(K) 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.
(L) 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.
(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 that 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.
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.