19AQMM18R0252_0001.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

1. CONTRACT ID CODE RATING

2. AMENDMENT/MODIFICATION NO.

3. EFFECTIVE DATE

05/13/2019

4. REQUISITION/PURCHASE REQ. NO. 5. PROJECT NO. (If applicable)

LMAQMCODE

OFFICE OF ACQUISITION MANAGEMENT

(A/LM/AQM)

PO BOX 9115, ROSSLYN STATION

US DEPARTMENT OF STATE

ARLINGTON, VA 22219

Juan M. Fernandez

NAME

305-718-4291

TEL.

fernandezjm@state.gov

EMAIL

6. ISSUED BY LMAQMCODE

OFFICE OF ACQUISITION MANAGEMENT (A/LM/AQM)

PO BOX 9115, ROSSLYN STATION

US DEPARTMENT OF STATE

ARLINGTON, VA 22219

7. ADMINISTERED BY (If other than Item 6)

9A. AMENDMENT OF SOLICITATION NO.

19AQMM18R0252

CONTACT DUNS

CODE FACILITY CODE

8. NAME AND ADDRESS OF CONTRACTOR (No., street, country, state and ZIP Code) (X)

X 9B. DATED (SEE ITEM 11)

04/12/2019

10A. MODIFICATION OF CONTRACT/ORDER NO.

10B. DATED (SEE ITEM 13)

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X XThe above numbered solicitation is amended as set forth in item 14. The hour and date specified for receipt of Offers is extended, is not extended, Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods: (a) By completing items 8 and 15, and returning __1__copies of the amendment;(b)By acknowledging receipt of this amendment on each copy of the offer submitted; or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.__1__X

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

Solicitation 19AQMM18R0252 is amended as detailed on attached continuation pages. The solicitation closing date and time is extended until May 28, 2019 at 15:00 local (Miami, FL) time.

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print) 16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

Juan M. Fernandez

(Signature of person authorized to sign)

15B. CONTRACTOR/OFFEROR 15C. DATE SIGNED

By (Signature of Contracting Officer)

16B. UNITED STATES OF AMERICA 16C. DATE SIGNED

05/13/2019

NSN 7540-01-152-8070

Previous edition unusable

STANDARD FORM 30 (REV. 10-83)

Prescribed by GSA FAR (48 CFR) 53.243

19AQMM18R0252

Table of Contents

Section Description Page Number

B Supplies or Services and Prices/Costs

. DISCLAIMER

B-001 TYPE OF CONTRACT

B-002 MINIMUM AND MAXIMUM CONTRACT QUANTITIES

B-003 NOT-TO-EXCEED (NTE) FULLY-LOADED HOURLY LABOR RATES

B-004 PROVISIONAL BILLING INDIRECT COST RATES

B-005 CEILING INDIRECT COST RATES

B-006 TRAVEL COSTS

B-007 POST HARDSHIP DIFFERENTIAL PAY AND DANGER PAY

B-008 DEFENSE BASE ACT (DBA) INSURANCE

B-009 OVERTIME

B-010 SELECTED COST/PRICE-RELATED LAWS

B-011 ADVANCE UNDERSTANDING

C Descriptions/Specifications/Statement of Work

C-001 BACKGROUND

C-002 GENERAL REQUIREMENTS

C-003 MAIN PERFORMANCE AREAS

C-004 SERVICES NOT IN SCOPE

C-005 CORPORATE PROGRAM MANAGEMENT AND REPORTS

C-006 POST-AWARD CONFERENCE

D Packaging and Marking

E Inspection and Acceptance 52.246-2 Inspection of Supplies - Fixed-Price (Aug 1996) 52.246-3 Inspection Of Supplies Cost-Reimbursement (May 2001) 52.246-4 Inspection of Services - Fixed-Price (Aug 1996) 52.246-5 Inspection of Services Cost-Reimbursement (Apr 1984) 52.246-6 Inspection - Time-and-Material and Labor-Hour (May 2001) 52.246-16 Responsibility for Supplies (Apr 1984)

F Deliveries or Performance

G Contract Administration Data

H Special Contract Requirements

I Contract Clauses 52.202-1 Definitions (Nov 2013) 52.203-3 Gratuities (Apr 1984) 52.203-5 Covenant Against Contingent Fees (May 2014) 52.203-6 Restrictions On Subcontractor Sales To The Government (Sept 2006) 52.203-7 Anti-Kickback Procedures (May 2014) 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity (May 2014) 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (May 2014) 52.203-12 Limitation On Payments To Influence Certain Federal Transactions (Oct 2010) 52.203-13 Contractor Code of Business Ethics and Conduct (Oct 2015) 52.203-16 Preventing Personal Conflicts of Interest (Dec 2011) 52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights (Apr 2014) 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (May 2011) 52.204-9 Personal Identity Verification of Contractor Personnel (Jan 2011) 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) 52.204-13 System for Award Management Maintenance (Oct 2018) 52.204-15 Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) 52.204-21 Basic Safeguarding of Covered Contractor Information Systems (June 2016)

52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) 52.208-9 Contractor Use of Mandatory Sources of Supply or Services (May 2014) 52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015) 52.210-1 Market Research (Apr 2011) 52.215-2 Audit and Records - Negotiation (Oct 2010) 52.215-8 Order of Precedence - Uniform Contract Format (Oct 1997) 52.215-11 Price Reduction for Defective Certified Cost or Pricing Data - Modifications (Aug 2011) .68 52.215-13 Subcontractor Certified Cost or Pricing Data - Modifications (Oct 2010) 52.215-14 Integrity of Unit Prices (Oct 2010) 52.215-15 Pension Adjustments and Asset Reversions (Oct 2010) 52.215-17 Waiver of Facilities Capital Cost of Money (Oct 1997) 52.215-18 Reversion or Adjustment of Plans for Postretirement Benefits (PRB) Other than Pensions (July 2005) 52.215-19 Notification of Ownership Changes (Oct 1997) 52.215-21 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data - Modifications (Oct 2010) 52.215-21 Alt III Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data - Modifications (Oct 2010) - Alternate III (Oct 1997) 52.215-21 Alt IV Requirements for Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data - Modifications (Oct 2010) - Alternate IV (Oct 2010) 52.215-23 Limitations on Pass-Through Charges (Oct 2009) 52.216-7 Allowable Cost and Payment (Aug 2018) 52.219-3 Notice of Total HUBZone Set-Aside or Sole Source Award (Nov 2011) 52.219-8 Utilization of Small Business Concerns (Oct 2018) 52.219-28 Post-Award Small Business Program Rerepresentation (Jul 2013) 52.222-1 Notice to the Government of Labor Disputes (Feb 1997) 52.222-2 Payment for Overtime Premiums (July 1990) 52.222-3 Convict Labor (June 2003) 52.222-19 Child Labor--Cooperation with Authorities and Remedies (Jan 2018) 52.222-21 Prohibition of Segregated Facilities (Apr 2015) 52.222-26 Equal Opportunity (Sept 2016) 52.222-29 Notification of Visa Denial (Apr 2015) 52.222-35 Equal Opportunity for Veterans (Oct 2015) 52.222-36 Equal Opportunity for Workers with Disabilities (Jul 2014) 52.222-37 Employment Reports on Veterans (Feb 2016) 52.222-40 Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) 52.222-50 Combating Trafficking in Persons (Jan 2019) 52.222-54 Employment Eligibility Verification (Oct 2015) 52.223-6 Drug Free Workplace (May 2001) 52.223-7 Notice of Radioactive Materials (Jan 1997) 52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving (Aug 2011) 52.225-19 Contractor Personnel in a Designated Operational Area or Supporting a Diplomatic or Consular Mission Outside the United States (Mar 2008) 52.227-14 Rights in Data - General (May 2014) 52.227-19 Commercial Computer Software License (Dec 2007) 52.228-3 Workers' Compensation Insurance (Defense Base Act) (July 2014) 52.228-4 Workers' Compensation and War-Hazard Insurance Overseas (Apr 1984) 52.229-3 Federal, State and Local Taxes (Feb 2013) 52.232-7 Payments under Time-and-Materials and Labor Hour Contracts (Aug 2012) 52.232-8 Discounts For Prompt Payment (Feb 2002) 52.232-9 Limitation on Withholding of Payments (Apr 1984) 52.232-11 Extras (Apr 1984) 52.232-17 Interest (May 2014) 52.232-22 Limitation Of Funds (Apr 1984) 52.232-23 Assignment of Claims (May 2014) 52.232-25 Prompt Payment (Jan 2017) 52.232-25 Alt I Prompt Payment (Jan 2017) - Alternate I (Feb 2002) 52.232-33 Payment by Electronic Funds Transfer-System for Award Management (Oct 2018)

52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013) 52.233-1 Disputes (May 2014) 52.233-3 Protest after Award (Aug 1996) 52.233-3 Alt I Protest after Award (Aug 1996) - Alternate I (Jun 1985) 52.233-4 Applicable Law for Breach of Contract Claim (Oct 2004) 52.237-2 Protection Of Government Buildings, Equipment, And Vegetation (Apr 1984) 52.237-3 Continuity Of Services (Jan 1991) 52.242-1 Notice of Intent to Disallow Costs (Apr 1984) 52.242-3 Penalties for Unallowable Costs (May 2014) 52.242-4 Certification of Final Indirect Costs (Jan 1997) 52.242-13 Bankruptcy (July 1995) 52.243-1 Changes - Fixed-Price (Aug 1987) 52.243-1 Alt I Changes - Fixed-Price (Aug 1987) - Alternate I (Apr 1984) 52.243-1 Alt II Changes - Fixed-Price (Aug 1987) - Alternate II (Apr 1984) 52.243-1 Alt IV Changes - Fixed-Price (Aug 1987) - Alternate IV (Apr 1984) 52.243-2 Changes - Cost-Reimbursement (Aug 1987) 52.243-2 Alt I Changes - Cost-Reimbursement (Aug 1987) - Alternate I (Apr 1984) 52.243-2 Alt II Changes - Cost-Reimbursement (Aug 1987) - Alternate II (Apr 1984) 52.243-3 Changes - Time-and-Material or Labor-Hours (Sept 2000) 52.243-6 Change Order Accounting (Apr 1984) 52.244-5 Competition In Subcontracting (Dec 1996) 52.244-6 Subcontracts for Commercial Items (Jan 2019) 52.245-1 Government Property (Jan 2017) 52.245-9 Use and Charges (Apr 2012) 52.246-20 Warranty of Services (May 2001) 52.246-23 Limitation of Liability (Feb 1997) 52.246-25 Limitation of Liability - Services (Feb 1997) 52.248-1 Value Engineering (Oct 2010) 52.249-2 Termination for Convenience of the Government (Fixed-Price) (Apr 2012) 52.249-6 Termination (Cost Reimbursement) (May 2004) 52.249-6 Alt IV Termination (Cost-Reimbursement) (May 2004) - Alternate IV (Sept 1996) 52.249-8 Default (Fixed-Price Supply and Service) (Apr 1984) 52.249-8 Alt I Default (Fixed-Price Supply and Service) (Apr 1984) - Alternate I (Apr 1984) 52.249-14 Excusable Delays (Apr 1984) 52.251-1 Government Supply Sources (Apr 2012) 52.253-1 Computer Generated Forms (Jan 1991)

652.204-70 DEPARTMENT OF STATE PERSONAL IDENTIFICATION CARD POLICY AND

PROCEDURES (FEB 2015)

652.216-70 ORDERING INDEFINITE-DELIVERY CONTRACTS (APR 2004)

652.225-71 SECTION 8(a) OF THE EXPORT ADMINISTRATION ACT OF 1979, AS AMENDED

(AUG 1999)

652.229-70 EXCISE TAX EXEMPTION STATEMENT FOR CONTRACTORS WITHIN THE

UNITED STATES (JUL 1988)

652.229-71 PERSONAL PROPERTY DISPOSITION AT POSTS ABROAD (AUG 1999)

652.232-72 LIMITATION OF FUNDS (AUG 1999)

652.242-73 AUTHORIZATION AND PERFORMANCE (AUG 1999)

652.243-70 NOTICES (AUG 1999)

652.247-70 NOTICE OF SHIPMENTS (FEB 2015)

652.247-71 SHIPPING INSTRUCTIONS (FEB 2015)

52.204-19 Incorporation by Reference of Representations and Certifications (Dec 2014) 52.204-18 Commercial and Government Entity Code Maintenance (Jul 2016) 52.216-18 Ordering (Oct 1995) 52.216-19 Order Limitations (Oct 1995) 52.216-22 Indefinite Quantity (Oct 1995) 52.217-8 Option to Extend Services (Nov 1999) 52.243-7 Notification of Changes (Jan 2017) 52.252-2 Clauses Incorporated by Reference (Feb 1998) 52.252-6 Authorized Deviations in Clauses (Apr 1984)

652.237-72 OBSERVANCE OF LEGAL HOLIDAYS AND ADMINISTRATIVE LEAVE (FEB

2015)

652.245-71 SPECIAL REPORTS OF GOVERNMENT PROPERTY (FEB 2015)

52.203-14 Display of Hotline Poster(s) (Oct 2015) 52.244-2 Subcontracts (Oct 2010) 52.244-2 Alt I Subcontracts (Oct 2010) - Alternate I (June 2007)

J List of Attachments

J-001 LIST OF ATTACHMENTS

K Representations, Certifications, and Other Statements of Offerors or Respondents 52.222-56 Certification Regarding Trafficking in Persons Compliance Plan (Mar 2015) 52.204-8 Annual Representations and Certifications (Oct 2018) 52.209-7 Information Regarding Responsibility Matters (Oct 2018) 52.209-13 Violation of Arms Control Treaties or Agreements--Certification (Jun 2018)

652.225-70 ARAB LEAGUE BOYCOTT OF ISRAEL (AUG 1999)

L Instructions, Conditions, and Notices to Offerors and Respondents 52.204-7 System for Award Management (Oct 2018) 52.204-16 Commercial and Government Entity Code Reporting (Jul 2016) 52.204-22 Alternative Line Item Proposal (Jan 2017) 52.237-8 Restriction on Severance Payments to Foreign Nationals (Aug 2003) 52.215-1 Instructions to Offerors--Competitive Acquisition (Jan 2017) 52.215-16 Facilities Capital Cost of Money (June 2003) 52.216-27 Single or Multiple Awards (Oct 1995) 52.222-24 Preaward On-Site Equal Opportunity Compliance Evaluation (Feb 1999) 52.215-20 Alt IV Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data (Oct 2010) - Alternate IV (Oct 2010) 52.233-2 Service of Protest (Sept 2006) 52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998) 52.252-5 Authorized Deviations in Provisions (Apr 1984)

652.206-70 ADVOCATE FOR COMPETITION/OMBUDSMAN (FEB 2015)

652.245-70 Status of Property Management System (Dec 2013)

M Evaluation Factors for Award

001 INL Office of Western Hemisphere Programs (WHP) Multiple-Award IDIQ

Functional Area (FA) 4: Operations, Logistics, and Facility Support Services

1.00 0.00

1.00 EA

Refer to attached continuation pages for IDIQ minimum and maximum, IDIQ contract effective period, and other terms and conditions.

Doc Ref No:

Delivery Date FOB:

. DISCLAIMER

The nature of projects to be awarded under this contract is broad. Specific requirements will be conveyed at the task order level. The Government expects awardees to remain flexible and adaptive to meeting INL require-ments. Contractors are reminded that this is a multiple-award IDIQ contract. As such, Contractors will be re-quired to compete, unless an exception to fair opportunity procedures is approved, for each task order over the micro-purchase threshold (i.e., currently $10,000 USD). Awardees are not guarantee anything other than the minimum contract quantity described in Section B-002 below. Due to budgetary and program uncertainties, the size or number of orders to be issued under these contracts cannot be reliably estimated.

B-001 TYPE OF CONTRACT

(a) This is a multiple-award indefinite-delivery, indefinite-quantity (IDIQ) contract, as defined in Federal Ac-quisition Regulation (FAR) 16.504 (Indefinite-Quantity Contracts), awarded to an historically underutilized business zone (HUBZone) small business concern.

(b) This contract is for non-commercial items (i.e., services and supplies). However, the Contracting Officer may add or authorize the addition of commercial items in a given task order(s).

(c) Specific tasks or work to be performed will be identified at the task order level. (Note: Because the Govern-ment anticipates that the majority of performance under the contract will be for services, “task order” is used predominantly throughout this contract. However, the Government reserves the right to issue delivery orders, also. Where a contract term or condition references “task order,” such term or condition shall also apply to “delivery order.”)

(d) The Government intends to utilize firm-fixed-price (FFP), as defined in FAR 16.202, task orders to the max-imum extent practicable. However, the Government reserves the right to issue task orders utilizing any of the contract types, or a combination thereof, authorized by FAR part 16 (Types of Contracts).

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

(f) This is a non-personal services contract, as defined in FAR 37.101. Inherently governmental functions, as described in FAR 7.503 or by the ordering agency, are prohibited under this contract. The Government will neither supervise contractor employees nor control the method by which the contractor performs the required tasks. The contractor shall manage its employees and guard against any actions that are of the nature of personal services or give the perception of personal services. The contractor shall notify the Contracting Officer (CO)

19AQMM18R0252

Line Item Summary

Solicitation Number:

19AQMM18R0252

Contract Number: Title: INL/WHP IDIQ_FA4_Operations, Logistics, and

FSS

Date of Solicitation:

05/13/2019

Line Item No. Description Quantity Unit Unit Price Total Cost immediately if they perceive any actions constitute personal services. This contract shall not be used to perform any inherently governmental functions.

B-002 MINIMUM AND MAXIMUM CONTRACT QUANTITIES

(a) The Government shall meet the IDIQ contract minimum of $10,000.00 USD (inclusive of all direct costs, in-direct costs, and profit/fee) through the issuance of task order(s) within the IDIQ contract’s effective (i.e., order-ing) period. The minimum quantity applies separately to each IDIQ contract awarded under this functional area.

(b) The maximum quantity for the IDIQ contract’s effective (i.e., ordering) period, including any extension(s), shall be any quantity or combination of supplies and services not exceeding $625,000,000.00 USD (inclusive of all direct costs, indirect costs, and profit/fee). The maximum quantity is cumulative among all IDIQ contracts awarded under this functional area.

B-003 NOT-TO-EXCEED (NTE) 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 arrange-ments.

b) The negotiated NTE fully-loaded hourly labor rates are found in Section J’s Attachment 2 [Not-To-Exceed (NTE) Fully-Loaded Hourly Labor Rates].

c) The labor category description for each labor category identified in Section J’s Attachment 2 is located in Section J’s Attachment 1 (Labor Category Descriptions).

d) The negotiated NTE fully-loaded hourly labor rates apply not only when the labor category performs nor-mally under a 40-hour normal workweek, but also when the labor category performs on temporary assignment under a different normal workweek.

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

f) The negotiated NTE fully-loaded hourly labor rates are in United States dollars, Colombian pesos, or Mexican pesos. Section J’s Attachment 2 shows, as part of the CLIN identifier, “US,” “C,” or “M.”

1. “US” signifies that the associated negotiated NTE fully-loaded hourly labor rates are in US dollars.

2. “C” signifies that the associated negotiated NTE fully-loaded hourly labor rates are in Colombian pesos.

3. “M” signifies that the associated negotiated NTE fully-loaded hourly labor rates are in Mexican pesos.

g) The negotiated NTE fully-loaded hourly labor rates that are in US dollars apply only to American Nation-als. Such individuals have 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).

h) The negotiated NTE fully-loaded hourly labor rates that are in Colombian pesos apply only to Colombian Nationals. Such individuals have legal status to work in Colombia (e.g., citizen or permanent resident of Colombia).

i) The negotiated NTE fully-loaded hourly labor rates that are in Mexican pesos apply only to Mexican Na-tionals. Such individuals have legal status to work in Mexico (e.g., citizen or permanent resident of Mexico).

j) Labor rates for any third country nationals (TCNs) will be solicited and negotiated at the task order level.

A TCN is an individual who:

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

2. If employed, is eligible for return travel to the TCN’s home country or country from which recruited at

U.S. Government expense; and

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

k) Each negotiated NTE 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), all costs associated with satisfying any local labor laws, applicable indirect costs, and profit amount. It does not include any other costs, including ODCs/non-labor-related direct costs.

Any other costs that are part of the Contractor’s established compensation plan and consistent with FAR part 31 shall be allocated sep-arately as an ODC (other direct cost) (under fixed-price and cost-reimbursement arrangements) or as a direct 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 and danger pay.

Foreign labor-related taxes are not included in the negotiated NTE fully-loaded hourly labor rates for American Nationals, but they are included in the negotiated NTE fully-loaded hourly labor rates for Colombian Nationals and Mexican Nationals. Foreign labor-related taxes associated with American Nationals will be solicited and awarded at the task order level.

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

m) At the task order level, the Government will specify and/or allow the Contractor to propose the labor cat-egories required for a given task order’s performance. Contract-specified categories shall be used when applic-able.

n) At the task order level, the Contractor will be given an opportunity to propose fully-loaded hourly labor rates that match or are lower than the respective negotiated NTE fully-loaded hourly labor rates. The Contract-or will be paid only at fully-loaded hourly labor rates that are equal to or are less than the respective negotiated NTE fully-loaded hourly labor rates.

o) The fully-loaded hourly labor rates awarded as part of an individual task order will apply only to that task order.

p) The fully-loaded hourly labor rates awarded as part of an individual task order will also apply to each equitable adjustment resulting from any change to the task order requirement.

q) 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 NTE 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. A normal workweek of 40 hours applies to performance in the continental United States (CONUS) and outside the continental United States (OCONUS). “CONUS” means the 48 contiguous states, Alaska, Hawaii, and the District of Columbia.

5. 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.

r) The negotiated NTE fully-loaded hourly labor rates apply only to the labor categories specified in Section J’s Attachment 2. Any additional labor categories will be specified, and their associated labor rates will be soli-cited and negotiated, at the task order level. Additional labor categories and associated labor rates awarded for an individual task order will apply only to that task order, unless additionally negotiated into the contract.

s) For labor-hour arrangements and the time portion of time-and-materials arrangements, the Government will pay the awarded fixed fully-loaded hourly labor rate minus to be inserted prior to award % attributable to profit for those hours the Contractor incurs when replacing or correcting services or materials [reference FAR 52.246-6 (Inspection – Time-and-Material and Labor-Hour)].

t) The negotiated NTE fully-loaded hourly labor rates applicable only to American Nationals are based on 1,880 normal productive hours per year. When such individuals are performing OCONUS for a given task or-der on a non-temporary basis and the normal productive hours per year differ from 1,880, the NTE fully-loaded hourly labor rates applicable only to American Nationals for the given task order shall replace the negotiated rates (i.e., those negotiated in Section J’s Attachment 2) and shall be calculated as follows:

1. NTE fully-loaded hourly labor rate negotiated in Section J’s Attachment 2 x 1,880 hours = X

2. X divided by normal productive hours per year for task order = Y

3. Y = NTE fully-loaded hourly labor rate applicable to the given task order.

B-004 PROVISIONAL BILLING INDIRECT COST RATES

a) This section applies to arrangements (i.e., task orders or line items in a task order) when payment is made based on actual costs incurred (e.g., type in cost-reimbursement category, materials portion of time-and-materials type, any progress payments based on costs under firm-fixed-price type, fixed-price incentive types).

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 prior to award To be inserted prior to award To be inserted prior to award To be inserted prior to award

c) The Contractor may recover, if consistent with FAR subpart 31.2 and the Contractor’s established cost accounting practices, al-lowable 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 Con-tractor’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 Contract-or’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-005), 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 writ-ten 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-005 CEILING INDIRECT COST RATES

a) This section applies to arrangements (i.e., task orders or line items in a task order) when payment is made based on actual costs incurred (e.g., type in cost-reimbursement category, materials portion of time-and-materials type, any progress payments based on costs under firm-fixed-price type, fixed-price incentive types).

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

Indirect Cost Rate Descrip-tion

Negotiated Ceiling Indirect Cost Rate Allocation Base

Contractor Fiscal Year Period

To be inserted prior to award

To be inserted prior to award

To be inserted prior to award

To be inserted prior to 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 es-tablished final indirect cost rates. See Section B-004(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 (Allowable Cost and Payment), the Government will not pay indirect cost rates that exceed the respective negotiated ceiling indirect cost rates.

B-006 TRAVEL COSTS

a) Travel under this contract is defined as Contractor air and ground transportation, lodging, meals and incid-ental expenses, 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 nor-mal daily commuting expense and commuting expense resulting from the most economical means of transporta-tion 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 loca-tions 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 meet-ing 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 nor-mal daily commuting expense and commuting expense resulting from the most economical means of transporta-tion 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 per-formance (official duty station); or

b. one in which the employee departs at the end of his normal work day from his local place of per-formance (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 tele-commuting 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 meth-ods (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 arrange-ments 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 Contract-or employee’s travel time to or from authorized work locations as long as the following are met:

1. Payment of travel time described herein does not conflict 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 conveni-ence 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 regu-lar 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. The Contractor shall be responsible for ensuring that all local national or third country national personnel who will be required to travel to the United States and foreign countries under this contract have a current and valid passport of their home country.

2. The Contractor shall be responsible for obtaining any visas required for travel to foreign countries under this contract. The Contractor shall also be responsible for obtaining any visas required for travel to foreign countries and the United States for local nationals and third country nationals 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 modi-fied 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 re-questing 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 cancel-lation 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 ex-plaining why it did not use a U.S.-flag air carrier service. Reimbursement is contingent upon Government ac-ceptance of such explanation.

B-007 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 (other direct cost) or direct material at the task order level.

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

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 in-centive 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 propos-al(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 perform-ance for arrangements when payment is made based on actual costs incurred (e.g., cost-reimbursement arrange-ments, 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 relation-ship 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-003(q).

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

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 perform-ance.

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 em-ployee departs the task order place of performance, unless such departure is to another Post Hardship Differen-tial Pay area during paid time off.

s) For Post Hardship Differential Pay, when an eligible employee has not yet served 42 calendar days and re-turns to the task order place of performance after an absence from the task order place of performance, the num-ber 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-008 DEFENSE BASE ACT (DBA) INSURANCE

a) DBA Insurance costs shall be allocated separately as an ODC or direct 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 em-ployees:

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 unless the DBA insurance requirement for these employees has been waived by the Department of Labor. Refer to ht-tps://www.dol.gov/owcp/dlhwc/dbawaivers/dbawaivers.htm for a list of applicable DBA waivers and con-ditions.

d) DBA Insurance costs shall accord with the terms of the Contractor’s DBA Insurance policy, law, and reg-ulation.

e) 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.

NOTES:

• FAR clause 52.228-3, Workers’ Compensation Insurance (Defense Base Act): This clause applies to per-formance in countries for which a Department of Labor waiver is not available. A list of active DBA waivers may be obtained at https://www.dol.gov/owcp/dlhwc/dbawaivers/dbawaivers.htm.

• FAR clause 52.228-4, Workers’ Compensation and War-Hazard Insurance Overseas:

The Secretary of Labor may waive application of the Defense Base Act with respect to any contract, work location, or class of employees upon the written request of the head of any department or other agency of the United States. It is Department of Labor policy that waivers do not apply to citizens or legal residents of the U.S. or to employ-ees hired in the U.S. In addition, once granted, the waiver is only valid if alternative workers' compensation benefits are provided to the waived employees pursuant to ap-plicable local law. If there are no local workers' compensation laws, the waiver has no effect and local and foreign nationals working under a U.S. contract are covered under the DBA. This clause applies to performance in countries for which a Department of Labor has issued a waiver. A list of active DBA waivers may be obtained at ht-tps://www.dol.gov/owcp/dlhwc/dbawaivers/dbawaivers.htm.

Waivers do not apply to any employees that are:

i. Hired in the United States by any contractor or subcontractor,

ii. Residents of the United States, or

iii. Citizens of the United States.

The personnel at i to iii must always be covered by DBA Insurance.

B-009 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 loca-tions. See Section B-006(i) for further information.

f) A normal workweek is defined in Section B-004(q).

g) For fixed-price arrangements (i.e., task orders or line items in a task order), the Government will not pay for overtime.

h) The following applies to cost-reimbursement…