A002.WDSS_RFP_-_19AQMM18R0020.pdf

REQUEST FOR PROPOSAL FOR

WORLDWIDE WEAPONS DESTRUCTION

SUPPORT SERVICES

SUPPORTING:

BUREAU OF POLITICAL-MILITARY AFFAIRS (PM)

OFFICE OF WEAPONS REMOVAL AND ABATEMENT (WRA)

RFP # 19AQMM-18-R-0020

AMENDMENT 002

U.S. DEPARTMENT OF STATE

OFFICE OF ACQUISITIONS MANAGEMENT

1701 N. FT. MYER DRIVE

ARLINGTON, VA 22209

U.S. Department of State RFP #: 19AQMM-18-R-0020

Office of Weapons Removal and Abatement Weapons Destruction Support Services (A002)

Amendment 002 provides the following:

Answers 10 offeror questions. The document titled “A002.Q&A Document” provides the offeror question (column D), Department response (column E), and if the response necessitated a change to the RFP or Attachment(s), a reference to the change (column F).

Updated RFP, both in “track change” view and a clean copy. The file with track changes shown ends in “TC”.

Updated SF-33 showing the issuance of Amendment 002.

Updated Attachment 1 – RFP Pricing Tables.

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 OVERVIEW

The U.S. Department of State (“DOS”, “State”, or “the Department”), Bureau of Political-

Military Affairs, Office of Weapons Removal and Abatement (PM/WRA) oversees all DOS

Conventional Weapons Destruction (CWD) efforts. The CWD Contractor under this Weapons

Destruction Support Services (WDSS) contract will play an important role in carrying out critical worldwide CWD functions, including, but not limited to, humanitarian mine action (HMA), weapons and munitions removal, abatement and destruction operations, physical security and stockpile management (PSSM), and building local capacity and advising host nations.

B.2 TYPE OF CONTRACT

a) This is an indefinite-delivery, indefinite-quantity (IDIQ) contract, as defined in Federal

Acquisition Regulation (FAR) 16.504 (Indefinite-Quantity Contracts).

b) This contract is for non-commercial items. Specific tasks or work to be performed will be clearly identified at the task order level.

c) The contract type(s) for an individual task order will be one or a combination identified in

FAR part 16 (Types of Contracts), depending on one or more of the factors identified in FAR

16.104 (Factors in Selecting Contract Types).

d) If a task order will be performance-based, as described in FAR subpart 37.6 (Performance-based Acquisition), its requirements will be conveyed and administered at the task order level.

B.3 MINIMUM AND MAXIMUM CONTRACT QUANTITIES

a) The Government shall meet the contract minimum of $15,000 (inclusive of all direct costs, indirect costs, and profit/fee) through the issuance of task order(s) within the contract’s period of performance.

b) The maximum quantity for the contract’s period of performance, including any extension(s), shall be any quantity or combination of supplies and services not exceeding $850,000,000

(inclusive of all direct costs, indirect costs, and profit/fee).

B.4 FIXED FULLY-LOADED HOURLY LABOR RATES

a) This section applies to labor-hour arrangements (i.e., task orders or line items in a task order), the time portion of time-and-materials arrangements, and when negotiating the fixed price under fixed-price arrangements.

b) The negotiated fixed fully-loaded hourly labor rates are located in Section J’s Attachment C

(Labor Rates).

c) The labor category description for each labor category identified in Section H.6.4.4

(Personnel Qualifications/Requirements) is located in Section J’s Attachment C (Labor

Rates).

d) The negotiated fixed fully-loaded hourly labor rates are in United States currency.

e) The negotiated fixed fully-loaded hourly labor rates apply regardless of whether the individual performing the labor works (either as an employee or consultant) for the prime contractor or a subcontractor.

f) For the labor categories requiring a Secret Clearance, which are identified in Section H.6.4.4

(Personnel Qualifications/Requirements) and again in Section J’s Attachment C (Labor

Rates), the negotiated fixed fully-loaded hourly labor rates apply only to individuals who have legal status to work in the United States of America (e.g., United States citizens, United

States resident aliens, and individuals with permits showing authorization to work in the

United States).

g) For the labor categories requiring a Secret Clearance, which are identified in Section H.6.4.4

(Personnel Qualifications/Requirements) and again in Section J’s Attachment C (Labor

Rates), each negotiated fixed fully-loaded hourly labor rate consists of an unloaded hourly labor rate, any labor-related direct costs (e.g., any direct fringe benefits, any direct bonuses), applicable indirect costs, and profit amount. It does not include any other costs.

Any other costs that are part of the Contractor’s established compensation plan and consistent with FAR part 31 shall be allocated separately as an ODC (other direct cost)

(under fixed-price and cost-reimbursement arrangements) or as a Material (under time-and-materials arrangements) at the task order level. Examples of such costs, if applicable, that shall be allocated separately as an ODC or Material, are post hardship differential pay, danger pay, and DBA Insurance.

h) For the labor categories not requiring a Secret Clearance, which are identified in Section

H.6.4.4 (Personnel Qualifications/Requirements) and again in Section J’s Attachment C

(Labor Rates), the negotiated fixed fully-loaded hourly labor rates apply to one or more of the following:

1. American National (AN): Individual who has legal status to work in the United States of

America (e.g., United States citizen, United States resident alien, and individual with permit showing authorization to work in the United States);

2. Local National (LN) (also known as Host-Country National): Individual who has legal status to work in the task order place of performance (e.g., citizen or permanent resident of the country where task order performance occurs); and

3. Third Country National (TCN): Individual who:

a. Is neither a citizen of the United States nor of the country to which assigned for task order duty;

b. If employed, is eligible for return travel to the TCN’s home country or country from which recruited at U.S. Government expense; and

c. Is on a limited appointment in the task order place of performance for a specific period of time.

i) For the labor categories not requiring a Secret Clearance, which are identified in Section

(Labor Rates), each negotiated fixed fully-loaded hourly labor rate consists of an unloaded hourly labor rate, any labor-related direct costs (e.g., any direct fringe benefits, any direct bonuses), any costs associated with satisfying local labor laws, applicable indirect costs, and profit amount. It does not include any other costs.

Any other costs that are part of the Contractor’s established compensation plan and consistent with FAR part 31 shall be allocated separately as an ODC (other direct cost)

(under fixed-price and cost-reimbursement arrangements) or as a Material (under time-and-materials arrangements) at the task order level. Examples of such costs, if applicable, that shall be allocated separately as an ODC or Material, are post hardship differential pay, danger pay, and DBA Insurance.

j) For the labor categories not requiring a Secret Clearance, which are identified in Section

(Labor Rates), the negotiated fixed fully-loaded hourly labor rates apply regardless of the nationality of the individual(s) performing the category.

k) Any costs included in the negotiated fixed fully-loaded hourly labor rates shall not be charged elsewhere under this contract.

l) The negotiated fixed fully-loaded hourly labor rates will also apply to any equitable adjustment resulting from any change to the task order requirement.

m) The following describes the normal workweek for Contractor and subcontractor employees:

1. A normal workweek falls within a consecutive seven-day period.

2. The negotiated fixed fully-loaded hourly labor rates apply to a normal workweek of 40 hours.

3. A normal workweek of 40 hours is based on performance of eight hours per day multiplied by five days per week.

4. If the normal workweek for an individual task order differs from a 40-hour normal workweek, both parties will negotiate labor rates based on the normal workweek for the individual task order. Such negotiated rates will apply only to that task order, unless additionally negotiated into the contract.

n) The negotiated fixed fully-loaded hourly labor rates apply only to the labor categories specified in Section H.6.4.4 (Personnel Qualifications/Requirements) and again in Section J’s

Attachment C (Labor Rates). Any additional labor categories will be specified and their associated labor rates will be negotiated at the task order level. Additional labor categories and associated labor rates negotiated for an individual task order will apply only to that task order, unless additionally negotiated into the contract.

o) For labor-hour arrangements and the time portion of time-and-materials arrangements, the

Government will pay the negotiated fixed fully-loaded hourly labor rate minus to be inserted at award % attributable to profit for those hours the Contractor incurs when replacing or correcting services or materials [reference FAR 52.246-6(f) (Inspection – Time-and-Material and Labor-Hour)].

B.5 PROVISIONAL BILLING INDIRECT COST RATES

a) This section applies to cost-reimbursement arrangements (i.e., task orders or line items in a task order), materials portion of time-and-materials arrangements, and any progress payments based on costs under fixed-price arrangements.

b) The following table displays the negotiated provisional billing indirect cost rates:

Indirect Cost Rate

Description

Negotiated

Provisional

Billing

Indirect Cost

Rate

Allocation Base

Contractor Fiscal

Year Period

To be inserted at award

c) The Contractor may recover, if consistent with FAR subpart 31.2 and the Contractor’s established (or disclosed, if contract is Cost Accounting Standards-covered) cost accounting practices, allowable indirect costs.

d) Only the Contractor’s indirect cost rates are identified above.

e) The Contractor shall be reimbursed:

1. only the indirect cost rate descriptions identified in the table unless prior written approval was obtained by the Contractor’s cognizant Federal agency official (CFAO);

and

2. at the negotiated provisional billing indirect cost rates until revised billing indirect cost rates or final indirect cost rates have been established by the Contractor’s CFAO.

f) After any additional (other than just a name change) indirect cost rate description has been approved in writing by the Contractor’s CFAO, negotiation of provisional billing indirect cost rates and establishment of ceiling indirect cost rates associated with such description will occur after the CFAO has issued his prior written approval of such description. In such a case, the ceiling indirect cost rates shall not exceed 10% of the respective provisional billing indirect cost rates (e.g. provisional rate of 5.0%, ceiling rate shall not exceed 5.5%).

g) If any revised billing indirect cost rate or final indirect cost rate(s) established by the

Contractor’s CFAO exceeds this contract’s respective ceiling indirect cost rate (see Section

B.6), the Contractor shall be reimbursed at the contract’s ceiling indirect cost rate.

h) The Contractor shall make no change to its established method of classifying or allocating indirect costs without the prior written approval of the Contractor’s CFAO.

i) The Contractor’s fiscal year period is the period used by the Contractor for cost accounting purposes.

B.6 CEILING INDIRECT COST RATES

a) This section applies to cost-reimbursement arrangements (i.e., task orders or line items in a task order), materials portion of time-and-materials arrangements, and any progress payments based on costs under fixed-price arrangements.

b) The following table displays the negotiated ceiling indirect cost rates:

Description

Negotiated Ceiling

Allocation Base

Contractor Fiscal

Year Period

To be inserted at award

c) The negotiated ceiling indirect cost rates will be compared to the respective established final indirect cost rates, and the Government shall pay the lesser of the negotiated ceiling indirect cost rates and the respective established final indirect cost rates. See Section B.5 (g) for the other usage of the negotiated ceiling indirect cost rates.

d) If the Government uses the quick-closeout procedure provided in FAR 52.216-7(f)

(Allowable Cost and Payment), the Government will not pay indirect cost rates that exceed the respective negotiated ceiling indirect cost rates.

B.7 TRAVEL COSTS

a) Travel under this contract is defined as Contractor air and ground transportation, lodging, meals and incidental expenses (M&IE), and passport/visa costs.

b) Except as otherwise provided herein, the Contractor shall be paid its allowable travel costs in accordance with FAR 31.205-46 (Travel Costs).

c) Travel costs are authorized for travel beyond a 50-miles’ radius of the Contractor employee’s local place of performance (official duty station) whenever work is required to be accomplished at a remote work site.

d) Local travel shall be processed as follows:

1. If the Government requires a Contractor employee to work an entire normal work day at a site other than the employee’s local place of performance (official duty station) and the radius between the two locations is within 50 miles, travel costs are generally allowable, but only for any difference in costs between the employee’s normal daily commuting expense and commuting expense resulting from the most economical means of transportation available to the employee after considering: any physical or medical needs of the employee; and mission requirements.

Payment for time associated with such travel is unallowable.

2. If the Government requires a Contractor employee to work part of a normal work day at a site other than the Contractor employee’s local place of performance (official duty station) and the radius between the two locations is within 50 miles, all travel costs are generally allowable, but only for those costs resulting from the most economical means of transportation available to the employee after considering: any physical or medical needs of the employee; and mission requirements.

For this section, “part of a normal work day” is one in which the employee arrives at the start of his normal work day to his local place of performance (official duty station) and departs at the end of his normal work day from his local place of performance (official duty station). An example is an employee having to attend a meeting at a Department of

State site in the middle of the work day.

Payment for time associated with such travel is generally allowable as long as such time is counted as part of the employee’s normal work day.

3. If the Government requires a Contractor employee to work part of a normal work day at a site other than the employee’s local place of performance (official duty station) and the radius between the two locations is within 50 miles, travel costs are generally allowable, but only for any difference in costs between the employee’s normal daily commuting expense and commuting expense resulting from the most economical means of transportation available to the employee, after considering: any physical or medical needs of the employee; and mission requirements.

For this section, “part of a normal work day” is only one of the following:

a. one in which the employee arrives at the start of his normal work day to his local place of performance (official duty station); or

b. one in which the employee departs at the end of his normal work day from his local place of performance (official duty station).

An example is an employee having to attend an all-morning local meeting and returning afterwards to his local place of performance (official duty station).

Payment for time associated with going from the employee’s local place of performance

(official duty station) to a site other than the employee’s local place of performance

(official duty station) is generally allowable as long as such time is counted as part of the employee’s normal work day.

Payment for time associated with returning from a site other than the employee’s local place of performance (official duty station) to the employee’s local place of performance

(official duty station) is generally allowable as long as such time is counted as part of the employee’s normal work day.

e) No travel costs (or associated labor time during travel) shall be allowable for regular commuting or telecommuting beyond (or within) a 50-miles’ radius of the Contractor’s local place of performance (official duty station).

f) Costs when using a privately owned vehicle (POV) for official travel are allowable provided that such costs do not exceed costs that would have resulted from use of other reasonable transportation methods (e.g., taxi, airplane, train). Reasonable associated costs, such as tolls and parking fees, are also generally allowable.

g) When traveling in a POV for official travel, the Contractor shall be paid mileage costs at a rate that does not exceed the POV mileage rate established by the Internal Revenue Service.

h) Costs for car rentals for official travel are allowable pursuant to the following:

1. such rentals are consistent with good business practice;

2. such costs do not exceed costs that would have resulted from use of other reasonable transportation methods (e.g., taxi, airplane, train); and

3. such costs do not exceed the actual cost of renting a compact automobile (maximum of one automobile for four Contractor personnel), unless extenuating circumstances

(e.g., excess baggage) require other arrangements and Contracting Officer approval is obtained.

Reasonable associated costs, such as tolls and parking fees, are also generally allowable.

i) The Government will pay the Contractor, under the applicable labor category CLIN(s), for each Contractor employee’s travel time to or from authorized work locations as long as the following are met:

1. Payment of travel time described herein is in accordance with the Contractor’s established travel policy.

2. Travel time begins no earlier than two (2) hours prior to the scheduled departure time and concludes upon arrival to the initial destination point (e.g., airport) at the place of performance.

3. The Government will not pay for a Contractor employee’s time spent in layovers that are for the convenience of the Contractor employee or Contractor.

4. The Government will not pay more than eight (8) hours per day per Contractor employee for travel time.

5. The Government will not pay for a Contractor employee’s travel time that is outside the employee’s regular working hours.

6. The Government will not pay for a Contractor employee more than the number of hours in the employee’s normal workweek. “Number of hours” includes productive time hours, travel time hours, and paid time off hours (e.g., sick, vacation, holiday).

7. “Productive time hours” consist of hours that, other than travel time hours, directly benefit the contract.

8. Exceptions must be authorized in advance and in writing by the Contracting Officer.

j) The following items concern passports and visas:

1. The Contractor shall be responsible for ensuring that all personnel who will be required to travel outside the United States have a current and valid U.S. passport.

2. The Contractor shall be responsible for obtaining any visas required for travel to foreign countries under this contract.

3. The Contractor’s costs for obtaining and maintaining passports and/or visas will be generally allowable, but the Contractor shall pro-rate equitably such costs if they will benefit cost objectives (e.g., contracts) other than this cost objective.

4. The Government will not reimburse the Contractor for travel expenses when travel is cancelled or modified as a result of the Contractor’s failure to obtain a visa, and where the Government has determined that such failure is due to the action or inaction of the Contractor.

5. The Government will not reimburse the Contractor for the use of private visa procurement services provided by a third party unless prior written approval was obtained by the Contracting Officer. When requesting written approval, the

Contractor shall submit a cost-benefit analysis to the Contracting Officer.

k) Costs for travel that has been modified or cancelled are not allowable unless such modification or cancellation was caused by the Government or otherwise beyond the control of the Contractor.

l) Pursuant to FAR 47.402, 47.403, and the Fly America Act, the Contractor shall use a U.S.-flag air carrier service unless an exception exists. If such conditions exist under a fixed-price arrangement (i.e., task order or line item in a task order), the Contractor shall submit with its task order proposal a memorandum explaining why it does not intend to use a U.S.-flag air carrier service. Inclusion of such costs in the awarded fixed-price is contingent upon

Government acceptance of such explanation.

If such conditions exist under arrangements when payment is made based on actual costs incurred (e.g., cost-reimbursement arrangements, materials portion of time-and-materials arrangements, and progress payments based on costs under fixed-price arrangements), the

Contractor shall submit with its voucher a memorandum explaining why it did not use a

U.S.-flag air carrier service. Reimbursement is contingent upon Government acceptance of such explanation.

B.8 POST HARDSHIP DIFFERENTIAL PAY AND DANGER PAY

Post Hardship Differential Pay and Danger Pay, which are forms of incentive compensation, will be generally allowable and allocated separately as an ODC or Material at the task order level.

However, Government payment of such costs is contingent on the Contractor meeting all of the following requirements:

a) Paying Post Hardship Differential Pay and Danger Pay is part of the Contractor’s established incentive compensation plan or policy, or employer/employee agreement entered into in good faith before the services are rendered, pursuant to FAR 31.205-6(f)(1)(i) (Bonuses and

Incentive Compensation).

b) When paying Post Hardship Differential Pay and Danger Pay is part of the Contractor’s established incentive compensation plan or policy, such plan or policy is followed consistently as to imply, in effect, an agreement to make such payment pursuant to FAR

31.205-6(f)(1)(i) (Bonuses and Incentive Compensation).

c) The Contractor’s basis for paying Post Hardship Differential Pay and Danger Pay is supported, pursuant to FAR 31.205-6(f)(1)(ii) (Bonuses and Incentive Compensation).

d) Payment of such costs is otherwise consistent with FAR subpart 31.2.

e) Payment will be made only for areas identified as Post Hardship Differential Pay areas and/or

Danger Pay areas in Section 920 of the Department of State Standardized Regulations

(DSSR).

f) Payment will be made only for eligible employees. Eligible employees are employees:

1. whose country of citizenship is not in the task order place of performance; and

2. whose primary residence is in an area not identified in Section 920 of the DSSR, or an area identified in Section 920 of the DSSR with an applicable DSSR percentage that is less than the respective applicable DSSR percentage for the task order place of performance.

g) Payment for a given workweek for an eligible employee will not exceed the dollar amount resulting from multiplying the applicable DSSR percentage by the employee’s basic compensation for the given workweek.

h) The applicable DSSR percentage will be the DSSR percentage effective at the time of task order proposal(s) (or upon task order award if feasible) under fixed-price arrangements (i.e., task orders or line items in a task order).

i) The applicable DSSR percentage will be the DSSR percentage effective at the time of task order performance for arrangements when payment is made based on actual costs incurred

(e.g., cost-reimbursement arrangements, materials portion of time-and-materials arrangements, and progress payments based on costs under fixed-price arrangements).

j) An eligible employee’s basic compensation for a given workweek is the dollar amount attributable to the employee as a result of the employee’s productive hours and paid time off

(e.g., sick, vacation, holiday) hours for the given workweek. It is the employee’s base salary/unloaded compensation for the given workweek. However, such compensation must:

1. benefit the task order; and/or

2. be an equitable amount that is necessary to support the overall operation of the business, although a direct relationship to any particular cost objective (e.g., task order) cannot be shown.

k) The number of hours included in an eligible employee’s basic compensation for a given workweek cannot exceed the number of hours for the task order’s normal workweek. A normal workweek is defined in Section B.4 (m).

l) Basic compensation included in the fixed-price under fixed-price arrangements will consist of each eligible employee’s negotiated base salary/unloaded compensation for the task order

m) Basic compensation will consist of actual incurred base salary/unloaded compensation for arrangements when payment is made based on actual costs incurred (e.g., cost-reimbursement arrangements, materials portion of time-and-materials arrangements, and progress payments based on costs under fixed-price arrangements).

n) An eligible employee may receive Post Hardship Differential Pay and Danger Pay during paid time off only when the employee takes paid time off in the task order place of performance or in another Post Hardship Differential Pay and Danger Pay area, respectively.

o) When an eligible employee takes paid time off in another Post Hardship Differential Pay and/or Danger Pay area, payment will be based on the applicable DSSR percentage(s) for the task order place of performance.

p) Payment of Post Hardship Differential Pay for an eligible employee will not commence until the eligible employee has served 42 calendar days in the task order place of performance.

Payment will commence on the first productive or non-productive day after day 42, and will not be retroactive to days previously served unless paragraph “q” immediately below applies.

The 42 calendar days are not required to be consecutive, and “served” consists of productive time, paid time off, and time otherwise spent in the task order place of performance.

q) Once an eligible employee has served 42 calendar days in the task order place of performance, payment of Post Hardship Differential Pay will be retroactive to day 1 served in the task order place of performance if the task order place of performance is in an area identified in Footnote N in the Post Classification and Payment Tables in Section 920 of the

DSSR. Currently, Afghanistan and Iraq are the only such areas.

r) Payment of Post Hardship Differential Pay for an eligible employee will conclude when the eligible employee departs the task order place of performance, unless such departure is to another Post Hardship Differential Pay area during paid time off.

s) For Post Hardship Differential Pay, when an eligible employee has not yet served 42 calendar days and returns to the task order place of performance after an absence from the task order place of performance, the number of days served resumes on the day of return.

For example, if an eligible employee served 30 calendar days in the task order place of performance and departed the task order place of performance for 14 days, the day of return

(day 44) will be considered day 31 of days served.

t) Payment of Danger Pay for an eligible employee will commence on the day of arrival in the task order place of performance and conclude on the day of departure from the task order place of performance, unless such departure is to another Danger Pay area during paid time off.

B.9 DEFENSE BASE ACT (DBA) INSURANCE

a) DBA Insurance costs shall be allocated separately as an ODC or Material at the task order level.

b) DBA Insurance costs are unallowable for performance in the United States.

c) DBA Insurance costs are generally allowable for performance outside the United States, but only for covered Contractor and subcontractor employees. The following are covered

Contractor and subcontractor employees:

1. United States citizens or residents;

2. Individuals hired in the United States or its possessions, regardless of citizenship; and

3. Local nationals and third country nationals where task order performance takes place in a country where no Department of Labor waiver has been issued (see https://www.dol.gov/owcp/dlhwc/dbawaivers/dbawaivers.htm).

https://www.dol.gov/owcp/dlhwc/dbawaivers/dbawaivers.htm

c) In addition, DBA Insurance costs are generally allowable for performance outside the United

States, but only when such costs accord with the terms of the Contractor’s DBA Insurance policy, law, and regulation.

d) The Contractor’s DBA Insurance policy shall be with a carrier approved by the United States

Department of Labor to provide DBA Insurance, or the Contractor shall be a self-insured employer authorized by the United States Department of Labor to provide DBA Insurance.

B.10 OVERTIME

a) The Contractor agrees to perform this contract, so far as practicable, without using overtime, particularly as a regular employment practice, except when lower overall costs to the

Government will result or when it is necessary to meet urgent program needs [reference FAR

22.103-2 (Overtime – Policy)].

b) Overtime is defined as time worked in excess of the number of hours in a normal workweek.

c) “Number of hours” includes productive time hours, travel time hours, and paid time off hours

(e.g., sick, vacation, holiday).

d) “Productive time hours” consist of hours that, other than travel time hours, directly benefit the contract.

e) “Travel time hours” consist of hours spent by the employee traveling to or from authorized work locations. See Section B.7 (i) for further information.

f) A normal workweek is defined in Section B.4 (m).

g) For fixed-price arrangements (i.e., task orders or line items in a task order), the Government will not pay for overtime. The only potential exception is when the Government’s fixed-price requirements change. In such a case, the Government will communicate such change pursuant to FAR 52.243-1 (Changes – Fixed-Price) and will consider any proposed overtime costs as part of a subsequent request for equitable adjustment.

h) The following applies to cost-reimbursement arrangements and the materials portion of time-and-materials arrangements (task orders or line items in a task order):

1. Government payment for overtime must be authorized in advance of any Contractor employee’s performance of overtime and in writing by the Contracting Officer when the Contractor requests an overtime premium cost that exceeds $0.00. Such request shall be submitted in writing to the Contracting Officer and shall address each item under FAR 52.222-2(b) (Payment for Overtime Premiums).

2. Evidence showing the Contracting Officer’s approval shall be sent with each invoice on which overtime containing a premium cost that exceeds $0.00 is being billed.

3. Advance Government authorization for any Contractor employee’s performance of overtime is not required when the overtime premium cost does not exceed $0.00.

4. Unless advance authorization has been granted pursuant to Section B.10(h)(1), any

Government payment for Contractor employee overtime will be made at the actual incurred straight-time hourly labor rate that the Contractor pays the Contractor employee and determined allowable by the Contracting Officer, pursuant to FAR

31.201-2 (Determining Allowability).

5. Government payment for overtime must not conflict with any Contractor uncompensated overtime policy or practice. If the Contractor has such a policy or practice, the Government will not compensate the Contractor for overtime costs in accordance with such policy or practice.

i) The following applies to labor-hour arrangements and the time portion of time-and-materials arrangements (task orders or line items in a task order):

1. Government payment for overtime will be made at the fixed fully-loaded hourly labor rates negotiated in the contract or task order [if no such rate(s) is in the contract].

However, Government payment of overtime will be made only if the Contractor compensates the Contractor employee for the employee’s overtime performance.

Contractor payment for each overtime hour shall be, at a minimum, at the regular hourly labor rate that the employee actually receives for normal workweek performance, and, if applicable, at the overtime premium that the employee actually receives for overtime performance.

2. Each Contractor employee’s performance of overtime must be authorized in advance and in writing by the Contracting Officer’s Representative (COR).

B.11 NOT-TO-EXCEED (NTE) PROFIT PERCENTAGES

a) In order to avoid the cost-plus-a-percentage-of-cost system of contracting [see FAR

16.102(c)], this section applies only prior to task order performance or prior to any task order modification performance. Thus, the percentages negotiated herein (or discounts to such percentages) shall be applied only to proposed/estimated costs and never to actual incurred costs.

b) This section applies when profit is an applicable element (e.g., under fixed-price, labor-hour, and time portion of time-and-materials arrangements) and when:

1. proposing and negotiating new cost elements (e.g., new labor categories and other direct costs) in the contract or task order; and/or

2. changes (i.e., additions and/or deletions) in negotiated contract or task order pricing occur.

c) Examples of this section’s applicability are when proposing and negotiating:

1. fully-loaded hourly labor rates for labor categories not already identified in the contract or task order;

2. fixed-price task orders;

3. fixed-price line items in a task order; and/or

4. equitable adjustments under fixed-price task orders or line items in a task order.

d) The following are the negotiated NTE profit percentage(s):

Base Year: To be inserted at award

Option Year 1:

Option Year 2:

Option Year 3:

Option Year 4:

Six-Month Option to Extend (see FAR 52.217-8):

B.12 NOT-TO-EXCEED (NTE) FEE PERCENTAGES

a) In order to avoid the cost-plus-a-percentage-of-cost system of contracting [see FAR

16.102(c)], this section applies only prior to task order performance or prior to any task order modification performance. Thus, the percentages negotiated herein (or discounts to such percentages) shall be applied only to proposed/estimated costs and never to actual incurred costs.

b) This section applies when fee is an applicable element and when:

1. proposing and negotiating cost elements already identified in the contract (e.g., existing labor categories and other direct costs);

2. proposing and negotiating new cost elements (e.g., new labor categories and other direct costs) in a task order; and/or

3. changes (i.e., additions and/or deletions) in negotiated task order pricing occur.

c) Examples of this section’s applicability are when proposing and negotiating:

1. cost-plus-fixed-fee and cost-plus-award-fee task orders;

2. cost-plus-fixed-fee and cost-plus-award-fee line items in a task order; and/or

3. equitable adjustments under cost-plus-fixed-fee and cost-plus-award-fee task orders or line items in a task order.

Note: For cost-plus-award-fee task orders or line items in a task order, the percentages negotiated herein (or discounts to such percentages) shall apply to the proposed award fee, not the base fee. The base fee shall be $0.00.

d) The following are the negotiated NTE fee percentage(s):

Base Year: To be inserted at award

Option Year 2:

Option Year 3:

Option Year 4:

Six-Month Option to Extend (see FAR 52.217-8):

B.13 FIXED FEE

a) This section applies to cost-plus-fixed-fee task orders or cost-plus-fixed-fee line items in a task order.

b) If, pursuant to FAR 16.306(a) (Cost-Plus-Fixed-Fee Contracts), changes in the work to be performed under the task order or cost-plus-fixed-fee line item(s) occur [pursuant to FAR

52.243-2 (Changes – Cost-Reimbursement)], the Government and Contractor will adjust the negotiated fixed fee by multiplying the fee percentage used for the task order to the sum of the new estimated direct costs and applicable indirect costs.

In such a case, applicable indirect costs will be calculated by multiplying the negotiated applicable provisional billing indirect cost rates (or established revised billing rates or final indirect cost rates, subject to negotiated ceiling indirect cost rates – see Sections B.5 and

B.6) by the new estimated costs whose elements are included in the respective allocation bases identified in Sections B.5 and B.6.

c) The negotiated fixed fee for each performance period will be paid in monthly installments by dividing the negotiated fixed fee for the performance period by the number of months in the performance period, minus the applicable withholding of a fixed fee reserve pursuant to

FAR 52.216-8(b) (Fixed Fee).

However, full monthly payment is contingent upon the Contractor meeting the acceptable quality levels, measurable performance standards, or otherwise minimum task order requirements for the invoice period [reference FAR 16.306(d)(1) (Cost-Plus-Fixed-Fee

Contracts)].

d) If the Contractor has not met the acceptable quality levels, measurable performance standards, or otherwise minimum task order requirements for the invoice period, the

Contractor will receive a pro-rata share of the monthly amount of the negotiated fixed fee for the month’s requirements to which the Contractor has met the acceptable quality levels, measurable performance standards, or otherwise minimum task order requirements for the invoice period.

e) Any withheld fixed fee resulting from the Contractor not meeting the acceptable quality levels, measurable performance standards, or otherwise minimum task order requirements for the invoice period will be released to the Contractor when the Contractor completes the requirement(s). Commencement of such completion is predicated on the Government requiring the Contractor to perform the services again in conformity with task order requirements. FAR 52.246-5 (Inspection of Services – Cost-Reimbursement) provides additional information.

f) The Contracting Officer is the ultimate Government authority in determining whether the

Contractor has met the acceptable quality levels, measurable performance standards, or otherwise minimum task order requirements for the invoice period. Prior to making his determination, the Contracting Officer will consider input from the Contracting Officer’s

Representative.

g) “Total fixed fee,” as defined in FAR 52.216-8(b) (Fixed Fee), means “the fixed fee cumulative of all performance periods in the task order.”

h) The task order will identify the total fixed fee, and the Contractor will be responsible for subtracting the appropriate amount on each invoice. The appropriate amount is the withheld amount (15% of the total fixed fee or $100,000, whichever is less) divided by the number of months in the task order period of performance, including option periods

[reference FAR 52.216-8(b) (Fixed Fee)].

B.14 SELECTED COST/PRICE-RELATED LAWS

a) This contract is not subject to the Service Contract Labor Standards statute (41 U.S.C. Chapter

67), because the principal purpose of the contract is not to furnish services in the United States through the use of service employees.

b) The Truthful Cost or Pricing Data statute (41 U.S.C. Chapter 35) did not apply for award of this contract. The Government did not require and rely upon certified cost or pricing data, as described in FAR subpart 15.4, for award of the contract because adequate price competition had been obtained. Instead, where applicable, the Government required and relied upon data other than certified cost or pricing data.

However, the Truthful Cost or Pricing Data statute may apply during contract performance when the Government contemplates an action for which an exception to the Contractor providing certified cost or pricing data does not apply (e.g., when negotiating a price estimated to exceed the certified cost or pricing data threshold for a new task order, modification of a task order, or modification of the contract based on rate/cost/price information not previously negotiated in the contract or task order).

Pursuant to FAR 15.403-4(a)(1), the “threshold specified in the contract” for requiring the

Contractor to provide certified cost or pricing data, when applicable, during contract performance is the threshold identified in the FAR edition effective at the time of the

Government requiring the Contractor to provide certified cost or pricing data.

B.15 ADVANCE UNDERSTANDING

a) At the task order level, but only for any task order that was not solicited for award of this

IDIQ contract, when payment is made based on actual hours or costs incurred (e.g., cost-reimbursement arrangements, time-and-materials arrangements, and progress payments based on costs under fixed-price arrangements), the Government will not reimburse costs for cost elements for which there were no estimated costs in the task order proposal or task order request for equitable adjustment. Any exceptions must be issued by the Contracting Officer.

b) The negotiated prices for each task order include all costs associated with local laws. If a change in a local law(s) or new local law(s) occurs after task order award, the Government will consider a request for equitable adjustment.

Any adjustment will be limited to reflect the Contractor’s actual increase or decrease in applicable wages and other costs to the extent that the increase is made to comply with the changed or new local law(s), or the decrease is voluntarily made by the Contractor while complying with the changed or new local law(s), respectively.

For example, the prior year local law required a minimum wage rate of $4.00 per hour. The

Contractor chose to pay $4.10 per hour. The changed local law increases the minimum rate to $4.50 per hour. Even if the Contractor voluntarily increases the rate to $4.75 per hour, the allowable price adjustment is $.40 per hour ($4.50 minus $4.10).

c) While compensation costs and compensation-related taxes that are a liability of the

Contractor are generally allowable, income taxes on compensation costs are unallowable when such taxes are a liability of the employee and not the Contractor. When a host country’s law(s) requires the Contractor to pay applicable host entities any income taxes that are the liability of the employee, the Contractor’s costs to administer such payment are generally allowable.

d) Where indirect cost rates are negotiated in the contract, such information will be used in each resulting task order according to the Contractor’s fiscal year period.

e) Where labor rates, profit percentages, and fee percentages are negotiated in the contract, such information will be used accordingly in each resulting task order according to the contract’s

For example, if the contract’s base period is April 1, 2018 through March 31, 2019, and a task order’s base period is January 1, 2019 through December 31, 2019, the contract’s base period’s pricing information will be used in the task order from January 1, 2019 through March 31, 2019, and the contract’s option period one pricing information will be used for the remainder of the task order’s base period (from April 1, 2019 through December 31, 2019).

f) If any task order period of performance exceeds the expiration date of the contract, the

Government will pay the rates, prices, and percentages negotiated in the task order for the task order period of performance.

g) Tasks ordered under this contract are Humanitarian Projects, and the Contractor shall not pay any taxes, import or customs fees to the government of the host nation or aid receiving nation(s). As appropriate, PM/WRA or the U.S. Embassies concerned may assist in customs or other official clearances of CWD items and associated equipment for duty-free status with prior coordination and consultation with PM/WRA. If taxes, import, or customs fees cannot be mitigated, the Contractor shall follow the procedures outlined in FAR 29.402.

h) The Contractor shall be responsible, at its own expense, for loss and/or damage to

Government property or Government personnel resulting from Contractor fault or negligence or from the fault or negligence of any Contractor personnel.

i) Costs arising from damage to government property, including repairs of damage to

Government-owned or leased vehicles (GOV), arising from Contractor neglect, accident, or abuse while using the GOV, shall be the responsibility of the Contractor. Such costs are unallowable.

j) The Contractor personnel under this contract are not considered "federal employees" for purposes of the Federal Tort Claims Act. All third-party tort claims relating to contractor use of Government-owned or leased vehicles (GOV) shall be the sole responsibility of the

Contractor, and the DOS will pass such claims to the contractor for disposition. Costs in such claims are unallowable.

SECTION C – PERFORMANCE WORK STATEMENT (PWS)

C.1 PURPOSE AND MISSION

The U.S. Department of State (“DOS”, “State”, or “the Department”), Bureau of Political-

Military Affairs, Office of Weapons Removal and Abatement (PM/WRA) oversees all DOS

Conventional Weapons Destruction (CWD) efforts. CWD is defined as a set of explosive remnant of war (ERW) programs that includes humanitarian mine action (HMA), battle area clearance (BAC), small arms and light weapons (SA/LW) destruction—to include destruction of at-risk munitions, and man-portable air defense systems (MANPADS)—as well as large-caliber weapons and munitions, stockpile and cache reduction, and physical security and stockpile management (PSSM). PM/WRA’s mission is to reduce the threats posed to civilian security by at-risk, illicitly-trafficked, and indiscriminately-used conventional weapons and explosive remnants of war.

To achieve its mission requirements, PM/WRA has the option of using a dedicated contract (i.e., this contract); a U.S., international or local nongovernmental organization (NGO); an international agency; a host nation government entity; or a consortium involving one or more of the above. Selection between these options is at the Government’s sole discretion and based on the ability to execute specific program objectives and to achieve broader U.S. Government

(USG) foreign policy objectives. The CWD Contractor under this contract will play an important role in carrying out critical worldwide CWD functions, including, but not limited to HMA, weapons and munitions removal, abatement and destruction operations, PSSM, and building local capacity and advising host nations. The intent is to ensure and enhance appropriate institution building and technology/material transfer. U.S.-based, international, and/or local

NGOs will be relied upon when they offer significant comparative advantages such as access to established local networks, serve to diversify USG investments and risks, or when other capabilities are limited or unavailable.

Note: The PM/WRA Conventional Weapons Destruction Strategic Plan 2017-2019 is included as attachment to provide further information on the Goals and Objectives of the PM/WRA CWD

Program (See Section J – List of Attachments).

C.1.1 LEGISLATION, STANDARDS, GUIDELINES, AND REFERENCES

The Contractor shall adhere to the following Legislation, Standards, Guidelines, and References, as applicable, over the course of the contract:

a) International Mine Action Standards

b) Host country laws and regulations, including national mine action standards

c) The Arms Export Control Act and Export Administration Act

d) The International Traffic Arms Regulations

e) Export Administration Regulations

f) U.S. Munitions List

g) National Industrial Security Program Operating Manual (DOD 5220.22-M)

h) U.N. Department for Disarmament Affairs Small Arms, Light Weapons , Ammunition and Explosives Destruction Handbook

i) Handbook of Best Practices on Small Arms and Light Weapons by the Organization for

Security and Cooperation in Europe

j) U.S. Department of Defense - standards and practices relating to conventional weapons and munitions security, safety, destruction, and demilitarization

k) U.N. applicable international standards and technical guidelines for Small Arms, Light

Weapons, Ammunition and Explosives Destruction

l) Handbook of Best Practices on Small Arms and Light Weapons by the Organization for

Security and Cooperation in Europe

m) Handbook of Best Practices on Stockpiles of Conventional Ammunition by the

Organization for Security and Cooperation in Europe

The Contractor shall keep up to date on new policies, standards and laws throughout performance under this contract. Individual Task Orders may refer or invoke other documents.

C.1.2 SECURITY CLEARANCE

The Contractor shall possess a Secret Facility Clearance issued by the Defense Security Service

(DSS) in accordance with the National Industrial Security Program Operating Manual

(NISPOM). Contractor personnel who will have access to classified material and/or enter into areas requiring a security clearance shall have a personnel security clearance at the Secret level.

Individual clearances shall be maintained for the duration of employment under this contract, or until access requirements change. Additional information can be found in Section H.2.

C.1.3 SMALL BUSINESS UTILIZATION PROGRAM

The Contractor shall design, develop, implement, and sustain a project Small Business

Utilization Program that establishes goals for small business participation in project subcontracting opportunities by type of small business concern, measures the Contractor’s performance in meeting the project goals, reports the project performance in achieving the goals, and rewards sustained superior performance in achieving or exceeding the goals.

Additionally, the Contractor shall report the achievement of its goals into the electronic

Subcontracting Reporting System (eSRS).

C.1.4 PERMITS,…