19AQMM23R0042.v2Amd1.mkp.docx

Evolve RFP 19AQMM23R0042

U.S. Department of State

Evolve Indefinite Delivery/ Indefinite Quantity (IDIQ) Contract

Solicitation

19AQMM23R0042

Amendment 1

27 December 2022

SBU - CONTRACTING AND ACQUISITIONS

TABLE OF CONTENTS

PART I: THE SCHEDULE

SECTION A - SOLICITATION/CONTRACT FORM

Standard Form (SF)-33 is attached.

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 Overview The Contractor shall provide the full range of IT services, technical and management expertise, and solution-related enabling products in one or more of the functional categories to meet the worldwide information technology mission needs of the Department of State. The Contractor shall furnish the necessary personnel, materials, equipment, facilities, travel, and other services required to satisfy the ordered IT capabilities and solutions.

B.2 Type of Contract

a. This is a multiple-award indefinite-delivery, indefinite-quantity (IDIQ) contract, as defined in Federal Acquisition Regulation (FAR) 16.504 (Indefinite-Quantity Contracts).

b. This contract is for commercial items (i.e., commercial services and commercial products), as defined in FAR 2.101 (Definitions) and as described in FAR part 12 (Acquisition of Commercial Products and Commercial Services).

c. Specific tasks or work to be performed will be identified at the task orderTO level.

Note: Because the Government anticipates that the majority of performance under the contract will be for services, “task orderTO” 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 orderTO,” such term or condition shall apply, also, to “delivery order.”

d. Subject to the limitations identified in FAR 12.207 (Contract Type) for commercial items, the task orderTO type(s) for an individual task orderTO will be one or a combination of the following as 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):

1. Firm-Fixed Price Contracts (including Firm-Fixed Price Economic Price Adjustment Contracts and Firm-Fixed Level of Effort Contracts)

2. Time and Materials Contracts

3. Labor Hours Contracts

e. The Government will establish performance-based contracts to the maximum extent practicable. If a task orderTO will be performance-based, as described in FAR subpart 37.6 (Performance-based Acquisition), its requirements will be conveyed and administered at the task orderTO level, and a Quality Assurance Surveillance Plan (QASP) will be used for contract performance monitoring and reporting.

f. This is a non-personal services contract, as defined in FAR 37.101 (Definitions). Inherently governmental functions (IGF), as described in FAR 7.503 (Policy) or by the ordering agency, are prohibited under this contract. While contracts may include services deemed to be “closely related” to IGF, 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 immediately if it perceives any actions that constitute personal services. This contract shall not be used to perform any inherently governmental functions.

B.3 Minimum and Maximum Contract Quantities The minimum quantity will be $2,500 per IDIQ contract. The minimum quantity shall be considered satisfied when the Contractor receives $2,500 in task orderTO awards during the life of the IDIQ contract. The exercise of a contract option or extension period does not re-establish the minimum quantity. If, at the end of its contract period of performance the Contractor has not received task orderTO work valued over $2,500, the Contractor has a maximum of 60 calendar days after the expiration of its contract, or termination for the Government’s convenience, to request the minimum quantity in writing (addressed to the Contracting Officer). Termination for cause eliminates the Contractor’s entitlement to the minimum quantity.

a. The contract’s maximum quantity is $10,000,000,000. This includes all functional categories. Such dollar amount reflects the maximum value of task orderTO work (cumulative of all task orderTOs and their periods of performance, including any extension periods). The maximum quantity is cumulative among all Evolve contracts.

B.4 Not-To-Exceed (NTE) Fully Loaded Hourly Labor Rates

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

b. The negotiated NTE fully loaded hourly labor rates will be located within Attachment J-1 (NTE Fully Loaded Hourly Labor Rates) at time of contract award. The completed and final negotiated rates established using RFP attachment J-9 may be established by the awarding Contracting Officer as the IDIQ maximum rates for contract Attachment J-1.

c. The labor category description for each labor category identified in Section J’s Attachment J-1 is located in Attachment J-2 (Labor Category Descriptions) and Attachment J-3 (Labor Category Skill Level Definitions). The negotiated NTE fully loaded hourly labor rates are based on the maximum requirements (i.e., maximum education, maximum training, maximum experience, highest potentially required skill level, maximum other requirements) contained in the applicable labor category description and skill level identified in Section J’s Attachments J-2 and J-3 and contained in any other terms or attachments in the contract.

d. The negotiated NTE fully loaded hourly labor rates are in United States currency.

e. The negotiated NTE fully loaded hourly labor rates apply regardless of whether the individual performing the labor category works: 1) in the continental United States (CONUS), or 2) outside the continental United States (OCONUS) when working under a 40-hour normal workweek or on temporary duty (TDY) status under any normal workweek.

“CONUS” means “the 48 contiguous states, Alaska, Hawaii, and the District of Columbia.” “TDY” means “anticipated to work less than a year.”

f. The negotiated NTE fully loaded hourly labor rates apply only to performance by American National individuals.

At the task orderTO level, where Local National (LN) and/or Third Country National (TCN) individuals are permitted to work, both parties will negotiate labor rates accordingly based on performance by LNs and/or TCNs. Such negotiated rates will apply only to that task orderTO, unless additionally negotiated into the contract.

The following are relevant definitions:

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 orderTO place of performance (e.g., citizen or permanent resident of the country where task orderTO performance occurs), and

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

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

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

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

g. 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.

h. The negotiated NTE fully loaded hourly labor rates apply regardless of whether the individual performing the labor category works at a Government site, Contractor site, subcontractor site, or telework site (e.g., private residence).

i. 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), 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 (Contract Cost Principles and Procedures) shall be allocated separately as an ODC (other direct cost) at the task orderTO level. Examples of such costs, if applicable, that shall be allocated separately as an ODC, are Post Hardship Differential Pay, Danger Pay, and Defense Base Act (DBA) Insurance.

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

k. Any costs not included, but should have been included, in the negotiated NTE fully loaded hourly labor rates shall not be charged elsewhere under this contract.

l. At the task orderTO level, the Government will specify and/or allow the Contractor to propose the labor categories required for a given task orderTO’s performance. Contract-specified labor categories and discounted fully loaded hourly rates shall be used when applicable.

m. At the task orderTO 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 Contractor 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.

n. The fully loaded hourly labor rates awarded as part of an individual task orderTO will apply only to that task orderTO.

o. The fully loaded hourly labor rates awarded as part of an individual task orderTO will apply to each equitable adjustment resulting from any change to the task orderTO requirement.

p. The following describes the normal workweek for Contractor and subcontractor employees:

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

· The negotiated NTE fully loaded hourly labor rates apply to a normal workweek of 40 hours, regardless of the days and times comprising the normal workweek.

· For calculation purposes, a normal workweek of 40 hours is based on performance of eight hours per day multiplied by five days per week.

B.5 Travel Costs

a. Travel under this contract is defined as Contractor air and ground transportation, lodging, meals and incidental expenses, passport/visa costs, virus testing costs, and immunizations costs. The Government will pay for travel only when required.

b. Except as otherwise provided herein, the Contractor shall be paid its allowable travel costs in accordance with FAR 31.205-46 (Travel Costs). The Contractor shall seek the most economical means of travel available whenever travel is required. Failure to do so will result in reduced performance ratings. Travel cost reductions will not be otherwise incentivized.

c. Travel costs shall not be burdened with any indirect costs.

d. 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.

e. When payment is based on actual costs incurred (i.e., materials portion of time-and-materials type, fixed-price with economic price adjustment type when payment adjustments based on actual costs of labor or material), travel must be approved in advance and in writing by the Contracting Officer’s Representative (COR).

f. Local travel shall be processed as follows:

1. If the Government requires a Contractor employee to work part of a normal work day or for 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 exceeds 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.

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

3. For this section, “part of a normal workday” is only one of the following:

i. One in which the employee arrives at the start of his normal workday to his local place of performance (official duty station); or

ii. One in which the employee departs at the end of his normal workday 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).

4. Payment for time associated with going to or 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 workday.

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

h. 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. Only economy (standard) tolls and economy (standard) parking fees are generally allowable. Exceptions must be approved in advance and in writing by the Contracting Officer.

i. When traveling in a POV for official travel, the Contractor shall be paid mileage costs for mileage exceeding the normal commuting distance at a rate that does not exceed the POV mileage rate established by the General Services Administration (GSA).

j. Costs for car rentals for official travel are allowable pursuant to the following:

· such rentals are consistent with good business practice

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

· 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 for tools required to perform the work or for extended travel periods, extreme weather and road conditions requiring 4x4 capability) require other arrangements and Contracting Officer advance written approval is obtained.

· reasonable associated costs, such as gasoline, economy (standard) tolls and economy (standard) parking fees, are also generally allowable.

k. The Government will pay the Contractor 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 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 scheduled 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 hours” consist of hours that, other than travel time, directly benefit the contract.

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

l. The following items concern virus testing, proof of immunizations, 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 current and valid proof of negative virus testing, immunizations, and/or related waivers required by the destination country(ies) for unimpeded entry.

2. The Contractor shall ensure all personnel travelling outside the United States possess a current and valid United States passport(s) acceptable by the destination country(ies), to include expiration requirements (e.g., some countries require the passport expiration date be more than six (6) months from the date of travel). 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 that is acceptable by the destination country(ies).

3. 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.

4. 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.

5. 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 or failure to comply with other mandated travel requirements, and where the Government has determined that such failure is due to the action or inaction of the Contractor.

6. 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.

m. 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.

n. Pursuant to FAR 47.402 (Policy), FAR 47.403 (Guidelines for Implementation of the Fly America Act), 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 orderTO or line item in a task orderTO), the Contractor shall submit with its task orderTO 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 (i.e., materials portion of time-and-materials type, fixed-price with economic price adjustment type when payment adjustments based on actual costs of labor or material), 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.6 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 (i.e., via separate contract line items) as an ODC (other direct cost) at the task orderTO 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 (Contracts with Commercial Organizations).

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 orderTO 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 orderTO 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 orderTO proposal(s) (or upon task orderTO award if feasible) under fixed-price arrangements (i.e., task orderTOs or line items in a task orderTO).

i. The applicable DSSR percentage will be the DSSR percentage effective at the time of task orderTO performance for arrangements when payment is made based on actual costs incurred (i.e., materials portion of time-and-materials type, fixed-price with economic price adjustment type when payment adjustments based on actual costs of labor).

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:

· Benefit the task orderTO; and/or

· 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 orderTO) 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 orderTO’s normal workweek.

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 orderTO 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 (i.e., materials portion of time-and-materials type, fixed-price with economic price adjustment type when payment adjustments based on actual costs of labor).

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 orderTO 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 orderTO 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 orderTO 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 orderTO place of performance.

q. Once an eligible employee has served 42 calendar days in the task orderTO place of performance, payment of Post Hardship Differential Pay will be retroactive to day 1 served in the task orderTO place of performance if the task orderTO 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, Iraq, and Syria 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 orderTO 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 orderTO place of performance after an absence from the task orderTO 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 orderTO place of performance and departed the task orderTO 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 orderTO place of performance and conclude on the day of departure from the task orderTO place of performance, unless such departure is to another Danger Pay area during paid time off.

B.7 Defense Base Act (DBA) Insurance

a. DBA insurance is required when the Defense Base Act applies [see FAR 28.305 (Overseas Workers’ Compensation and War-Hazard Insurance)], which includes all open procurements above the micro-purchase threshold providing workers overseas.

b. DBA Insurance costs shall be allocated separately (i.e., via its own line item) as an ODC (other direct cost) at the task orderTO level.

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

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

e. The following are covered Contractor and subcontractor employees:

· United States citizens or residents

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

· Local Nationals (LNs) and Third Country Nationals (TCNs) unless the DBA insurance requirement for these employees has been waived by the Department of Labor. Refer to: https://www.dol.gov/owcp/dlhwc/dbawaivers/dbawaivers.htm for a list of applicable DBA waivers and conditions.

· Note 1: Department of Labor waivers do not apply to the individuals identified under “1” and “2” above.

· Note 2: The Department of Labor waiver is valid only if alternative worker’s compensation benefits are provided to the waived employees pursuant to applicable local law. If there are no local worker’s compensation laws, the waiver has no effect, and LNs and TCNs (if applicable by local law) shall be included and covered under the DBA.

f. DBA Insurance costs shall accord with the terms of the Contractor’s DBA Insurance policy, law, and regulation.

g. 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. A list of Department of Labor approved carriers may be found at http://www.dol.gov/owcp/dlhwc/lscarrier.htm.

h. The Contractor shall submit, to the Contracting Officer and COR, evidence of DBA insurance at the task orderTO level, in advance of personnel travel. If there is a Department of Labor waiver for the travel destination, the Contractor instead shall provide written notification to this effect to the Contracting Officer and COR.

i. The clause at FAR 52.228-3 [Workers’ Compensation Insurance (Defense Base Act)] applies when the Defense Base Act applies. See FAR 28.305 (Overseas Workers Compensation and War-Hazard Insurance).

j. The clause at FAR 52.228-4 (Workers’ Compensation and War-Hazard Insurance Overseas) applies when the Secretary of Labor waives the applicability of the Defense Base Act with respect to any contract, subcontract, work location, or classification of employees upon the written request of the head of any department or other agency of the United States. See FAR 28.305(d) (Overseas Workers Compensation and War-Hazard Insurance).

B.8 Additional Hours The following applies to labor-hour arrangements and the time portion of time-and-materials arrangements (task orderTOs or line items in a task orderTO):

a. The Government may pre-approve the use of additional hours beyond the maximum number of hours per position under this contract. Additional hours are defined as time worked in excess of the number of hours in a normal workweek.

b. Government payment for additional hours will be made at the fixed fully loaded hourly labor rates negotiated in the task orderTO.

c. Overtime is not approved under Evolve. Overtime is defined as time worked in excess of the number of hours in a normal workweek that is billed at a premium (higher than the negotiated labor rate).

d. A normal workweek is defined as the number of hours per week the Government requires for routine performance at the task orderTO place of performance, or the number of hours per week an employee normally works at regular/straight-time compensation at the task orderTO place of performance.

e. “Number of hours” includes productive time hours, travel time hours, and paid time off hours (e.g., sick, vacation, holiday).

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

g. Government payment for additional hours must be authorized in advance of any Contractor employee’s performance of additional hours and in writing by the Contracting Officer’s RepresentativeCOR (with a cc: to the Contracting Officer) Evidence showing the Contracting Officer’s Representative’s approval shall be sent with each invoice where additional hours are to be billed.

B.9 Not-To-Exceed (NTE) Profit Percentages In order to avoid the cost-plus-a-percentage-of-cost system of contracting [see FAR 16.102(c) (Policies)], this section applies only prior to task order performance or prior to any 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.

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

proposing and negotiating new cost elements (e.g., new labor categories and other direct costs) in the contract or task order; and/or changes (i.e., additions and/or deletions) in negotiated contract or task order pricing occur.

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

Fully loaded hourly labor rates for labor categories not already identified in the contract or task order fixed-price task orders fixed-price line items in a task order equitable adjustments under fixed-price task orders or line items in a task order.

B.10 Selected Cost/Price-Related Laws

a. The Government does not anticipate more than (20%) of the workforce listed under the IDIQ to be subject to SCLS; therefore, the Service Contract Labor Standards (SCLS) statute (41 U.S.C. Chapter 67) does not apply at the IDIQ level. However, the SLCS statute may apply for a given task orderTO, in which case the task orderTO solicitation will identify such applicability.

b. The Truthful Cost or Pricing Data statute (41 U.S.C. Chapter 35) does not apply for award of this contract. The Government will not require and rely upon certified cost or pricing data, as described in FAR subpart 15.4 (Contract Pricing), for award of the contract because the contract is for commercial items and services. Instead, where applicable, the Government will require and rely upon data other than certified cost or pricing data.

c. Pursuant to 48 CFR 9903.201-1(b)(6) (CAS Applicability), this contract is not subject to the Cost Accounting Standards (41 U.S.C. chapter 15).

B.11 Advance Understanding

a. At the task orderTO level, when payment is made based on actual hours or costs incurred (i.e., labor-hour type, time-and-materials type, fixed-price with economic price adjustment type when payment adjustments based on actual costs of labor or material), the Government will not reimburse costs for cost elements for which there were no estimated costs. Exceptions must be issued in writing by the Contracting Officer.

b. The negotiated prices for each task orderTO shall include all costs associated with local laws. If a change in a local law(s) or new local law(s) occurs after task orderTO award, the Government may 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 $0.40 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 labor rates are negotiated in the contract, such information will be used in each resulting task orderTO, as specified in the contract, according to the contract’s effective period.

For example, if Contract Year 1 is October 19, 2023, through October 18, 2024, and Task OrderTO Year 1 is January 4, 2024, through January 3, 2025, Contract Year 1’s pricing information will be used in the task orderTO from January 4, 2024, through October 18, 2024, and Contract Year 2’s pricing information will be used for the remainder of Task OrderTO Year 1 (from October 19, 2024, through January 3, 2025). Consistent with the foregoing, the Contractor, for a given task orderTO period, may apply either the:

1. NTE or a discounted NTE fully loaded hourly labor rate from the first contract period that covers the applicable task orderTO period, and the second NTE or a discounted NTE fully loaded hourly labor rate from the next contract period that covers the remaining applicable task orderTO period; or

2. NTE or a discounted NTE fully loaded hourly labor rate from either contract period, but such rate shall not exceed both respective contract periods’ NTE fully loaded hourly labor rates.

e. If any task orderTO effective period exceeds the expiration date of the contract, the Government will pay the rates and percentages negotiated in the task orderTO for such period. However, the Government will pay during such period any labor rates or prices that have been adjusted in accordance with any applicable terms contained in this contract.

f. The Contractor shall be solely responsible for payment of any and all taxes, duties, storage, and other charges that are assessed as a result of the Contractor’s fault, negligence, or failure to follow the instructions provided by the Contracting Officer or authorized representative.

g. Any direct costs associated with task orderTO preparation are unallowable.

h. Any direct costs incurred prior to or after the task orderTO effective period are unallowable.

i. The Contracting Officer’s determination of the allowability of training costs shall be governed by the applicable sections in the FAR (e.g., FAR 31.205-44, FAR 31.205.43). The Contractor shall provide fully trained employees capable of successfully performing all tasks assigned to them under each task orderTO. The Contractor shall obtain advance written approval from the Contracting Officer for any training that will be directly charged to any task orderTO issued under this contract.

j. 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.

k. 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.

l. The Contractor personnel under this contract are not considered “federal employees” for purposes of the Federal Tort Claims Act (28 U.S.C. chapter 171 and 28 U.S.C. 1346).