19AQMM23R0042.v6 Tracked P0006.docx

U.S. Department of State

Evolve Indefinite Delivery/ Indefinite Quantity (IDIQ) Contract

Solicitation

19AQMM23R0042

Amendment 4 6

82 February August 2023

SENSITIVE BUT UNCLASSIFIED

SENSITIVE BUT UNCLASSIFIED

SENSITIVE BUT UNCLASSIFIED

TABLE OF CONTENTS

B.3 Minimum and Maximum Quantities

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 products and items (i.e., commercial services and commercial products), as defined in FAR Part 2.101 (Definitions) and as described in FAR pPart 12 (Acquisition of Commercial Products and Commercial Services).

c. Specific tasks or work to be performed will be identified at the task order (TO) level.

Note: Because the Government anticipates that the majority of performance under the contract will be for services, “TO” is used predominantly throughout this contract. However, the Government reserves the right to issue delivery orders, also. Where a contract term or condition references “TO,” such term or condition shall apply, also, to “delivery order.”

d. Subject to the limitations identified in FAR 12.207 (Contract Type) for commercial products and commercial servicesitems, the TO type(s) for an individual TO will be one or a combination thereof as 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). Currently, the following types are permissible:

1. Firm-Fixed- Price [FAR 12.207(a) and FAR 16.202]

2. Fixed-Price with Economic Price Adjustment [FAR 12.207(a) and FAR 16.203]Contracts (including Firm-Fixed Price Economic Price Adjustment Contracts and Firm-Fixed Level of Effort Contracts)

3. Time- and- Materials [FAR 12.207(b)(1) and FAR 16.601]Contracts

4. Labor- Hour [FAR 12.207(b)(1) and FAR 16.602]s Contracts

e. The Government will establish performance-based contracts to the maximum extent practicable. If a TO will be performance-based, as described in FAR subpart 37.6 (Performance-based Acquisition), its requirements will be conveyed and administered at the TO 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, Tthe 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

a. Pursuant to FAR 16.504(a)(4)(ii) (Indefinite-Quantity Contracts), the contract’s minimum quantity is $2,500 (inclusive of all direct costs, indirect costs, and profit/fee). The Government shall meet the minimum quantity through the issuance of task order(s) within the contract’s period of performance in its entirety, base and all options if exercised. The minimum quantity will be $2,500 per IDIQ contract. The minimum quantity shall be considered satisfied when the Contractor receives $2,500 in TO awards during the life of the IDIQ contract. The exercise of a contract option or extension period does not re-establish the minimum quantity. The minimum quantity applies to each contract. If, at the end of its contract period of performance the Contractor has not received TO 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.

Pursuant to FAR 16.504(a)(4)(ii) (Indefinite-Quantity Contracts), t The minimum quantity will be $2,500 per IDIQ contract. The minimum quantity shall be considered satisfied when the Contractor receives $2,500 in TO 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 TO 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.

b. The contract’s maximum quantity is $10,000,000,000 (inclusive of all direct costs, indirect costs, and profit/fee). This includes all functional categories. Such dollar amount reflects the maximum value of TO work (cumulative of all TOs and their periods of performance, including any extension periods). The maximum quantity is cumulative among all functional categories and all Evolve Evolve contracts, including all TOs and their periods of performance, including any extension periods.

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

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

b. The negotiated NTE fully loadedfully-loaded hourly labor rates are will be located withinin Section J’s 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 Section J’s Attachments 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 TO 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 TO, 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 TO place of performance (e.g., citizen or permanent resident of the country where TO 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 TO 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 TO 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 Ccontractor 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, or remote 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 TO 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 TO level, the Government will specify and/or allow the Contractor to propose the labor categories required for a given TO’s performance. Contract-specified labor categories and discounted fully- loaded hourly rates shall be used when applicable.

m. At the TO 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 loadedfully-loaded hourly labor rates that are equal to or are less than the respective negotiated NTE fully loadedfully-loaded hourly labor rates.

n. The fully loadedfully-loaded hourly labor rates awarded as part of an individual TO will apply only to that TO.

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

p. 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 loadedfully-loaded hourly labor rates apply to a normal workweek of 40 hours, regardless of the days and times comprising the normal workweek.

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

4. For OCONUS permanent (i.e., non-TDY) performance, 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 TO. Such negotiated rates will apply only to that task order, unless additionally negotiated into the contract via a formal modification.

q. The negotiated NTE fully-loaded hourly labor rates apply only to the labor categories specified in Section J’s Attachment J-1. Any additional labor categories will be specified and their associated labor rates will be negotiated at the IDIQ level or task orderTO level and incorporated via a formal modification. Additional labor categories and associated labor rates negotiated for an individual task orderTO will apply only to that task orderTOawarded contractual fixed fully-loaded hourly labor rate minus to be inserted at IDIQ award % attributable to profit for those hours the Contractor incurs when replacing or correcting services or materials [reference FAR 52.212-4(a)(4), Alternate I (Contract Terms and Conditions – Commercial Items) Nov 2021].

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 the Government requires itrequired.

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. 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 differentremote work site.

d. 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).

e. 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 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.

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.

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

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

ii. 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.

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.

f. 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).

g. 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.

h. 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).The current rates are identified at https://www.gsa.gov/travel/plan-book/transportation-airfare-pov-etc/privately-owned-vehicle-pov-mileage-reimbursement-rates.

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

1. Ssuch rentals are consistent with good business practice;

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

3. Ssuch 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.

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

j. 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 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.

k. 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.

l. 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.

m. 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., TO or line item in a TO), the Contractor shall submit with its TO 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 TO 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. WWhose country of citizenship is not in the TO place of performance; and

2. WWhose 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 TO 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 TO proposal(s) (or upon TO award if feasible) under fixed-price arrangements (i.e., TOs or line items in a TO).

i. The applicable DSSR percentage will be the DSSR percentage effective at the time of TO 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:

1. BBenefit the TO; and/or

2. B

3. 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., TO) 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 TO’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 TO 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 TO 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 TO 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 TO 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 TO place of performance.

q. Once an eligible employee has served 42 calendar days in the TO place of performance, payment of Post Hardship Differential Pay will be retroactive to day 1 served in the TO place of performance if the TO 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 TO 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 TO place of performance after an absence from the TO 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 TO place of performance and departed the TO 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 TO place of performance and conclude on the day of departure from the TO 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 TO 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:

1. United States citizens or residents;

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

3. 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 TO 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 OvertimeAdditional Hours The following applies to labor-hour arrangements and the time portion of time-and-materials arrangements (TOs or line items in a TO):

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. 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.

d. Government payment for additional hours will be made at the fixed fully loaded hourly labor rates negotiated in the TO.

e. 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).

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

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

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

i. “Travel time hours” consist of hours spent by the employee traveling to or from authorized work locations. See Section B.5(j) for further information.

j. For fixed-price arrangements (i.e., task orders or line items in a task order), the Government will not pay for overtime beyond the fixed price negotiated in the task order. The only potential exception is when the Government’s fixed-price requirements change. In such a case, the Government will negotiate any overtime costs before a change to the task order is made, pursuant to FAR 52.212-4(c) (Contract Terms and Conditions – Commercial Items).

k. The following applies to labor-hour arrangements and the time portion of time-and-materials arrangements (TOs or line items in a TO):

1. Government payment for overtime will be made at the fixed fully-loaded hourly labor rates negotiated in the task order.

2. Advance Government authorization for any Contractor employee’s performance of overtime is not required.

3. 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 hourly labor rate that the employee normally receives for normal workweek performance.

l. The following applies to the materials portion of time-and-materials arrangements (TOs or line items in a TO):

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 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.8(i)(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.

m. Government payment for additional hours must be authorized in advance of any Contractor employee’s performance of additional…