Amendment 0001_19AQMM23R0059.pdf
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- Solicitation number
- 19AQMM23R0059
About this file
This Request for Proposals (RFP) from the Department of State solicits offers for an Indefinite-Delivery Indefinite-Quantity contract to provide data and systems support services to the Office of the US Global AIDS Coordinator and Global Health Diplomacy. The contractor will provide engineering, systems, hosting, data collection, analysis, and operational and administrative management services. The contract has a one-year base period and four one-year option periods, with a maximum program ceiling of $190 million. Pricing will be based on fixed fully loaded hourly labor rates by labor category. The RFP includes details on place of performance, deliverables, and evaluation criteria. Offers are due by July 25, 2023.
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19AQMM23R0059
AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT
1. CONTRACT ID CODE RATING
2. AMENDMENT/MODIFICATION NO.
3. EFFECTIVE DATE
06/26/2023
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
Michael J. Mickaliger
NAME
TEL.
mickaligermj@State.gov
6. ISSUED BY OPEAQMCODE
Functional Bureau Support
OPE/AQM/WW/FBS
Office of Acquisition (AQM) 1200 Wilson Blvd (SA-06B) Arlington, VA 22209
7. ADMINISTERED BY (If other than Item 6)
9A. AMENDMENT OF SOLICITATION NO.
19AQMM23R0059
CONTACT: UEI:
CODE FACILITY CODE
8. NAME AND ADDRESS OF CONTRACTOR (No., street, country, state and ZIP Code) (X)
X 9B. DATED (SEE ITEM 11)
06/08/2023
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 ____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.
14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)
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)
JoAnn B. Carroll
(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
06/26/2023
NSN 7540-01-152-8070
Previous edition unusable
STANDARD FORM 30 (REV. 10-83)
Prescribed by GSA FAR (48 CFR) 53.243
CGFS // CGFS
Summary Info Continuation Page
DESCRIPTION OF AMENDMENT/MODIFICATION
The purpose of this modification is fourfold:
1. to issue Amendment 001 to 19AQMM23R0059. Refer to the attached Amendment 001_19AQMM23R0059 Microsoft Word file for the details related to the amendment.
2. to add the following Supporting Documentation (SD) (separate files) for reference:
SD-1 – PEPFAR Help Desk Tickets by Support Brand – 1 January 2021 – 15 June 2023 (PDF File)
SD-2 – PEPFAR Help Desk Tickets by Support Brand – 1 January 2021 – 15 June 2023 (Excel File)
SD-3 – Draft PEPFAR Centrally Supported Systems Active Projects Gantt Chart (PDF File)
SD-4 – Draft PEPFAR Centrally Supported Systems Active Projects View (Excel File)
3. to add the following amended files to the RFP:
J-1A Fully Loaded Hourly Labor Rate Table_Amendment 001
J-1B Labor Category Descriptions_Amendment 001
J-2 Scope of Services_Amendment 001
4. to extend the hour and date for receipt of proposals to not later than 11:00 AM (Eastern) on July 25, 2023.
Table of Contents
Section Description Page Number
B Supplies or Services and Prices/Costs
B-001 GENERAL
B-002 CONTRACT TYPE
B-003 MAXIMUM PROGRAM CEILING AND MINIMUM CONTRACT GUARANTEE
B-004 FIXED FULLY-LOADED HOURLY LABOR RATES
B-005 TRAVEL COSTS
B-006 POST HARDSHIP DIFFERENTIAL PAY AND DANGER PAY
B-007 DEFENSE BASE ACT (DBA) INSURANCE
B-008 ADDITIONAL HOURS
B-009 NOT-TO-EXCEED (NTE) PROFIT PERCENTAGES
B-010 SELECTED COST/PRICE-RELATED LAWS
B-011 ADVANCE UNDERSTANDING
C Descriptions/Specifications/Statement of Work C-001 Scope of Services
D Packaging and Marking
D-001 PRESERVATION, PACKAGING, PACKING, AND MARKING
D-002 UNCLASSIFIED AND CLASSIFIED MARKING
D-003 SOFTWARE AND MAGNETIC MEDIA MARKING
D-004 MARKING OF REPORTS
D-005 WARRANTY NOTIFICATION
E Inspection and Acceptance E.001 FAR 52.252-2 CLAUSES - (Feb 1998)
E-002 PERFORMANCE EVALUATIONS
E-003 GOVERNMENT QUALITY ASSURANCE SURVEILLANCE PLAN
E-004 METHODS OF SURVEILLANCE
52.246-11 Higher-Level Contract Quality Requirement (Dec 2014)
F Deliveries or Performance
F-001 FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
F-002 PERIOD OF PERFORMANCE OF IDIQ CONTRACT
F-003 TASK ORDER PERIOD OF PERFORMANCE
F-004 PLACE OF PERFORMANCE
F-005 DELIVERABLES
52.211-8 Time of Delivery (June 1997) 52.211-8 Alt I Time of Delivery (June 1997) - Alternate I (Apr 1984) 52.211-8 Alt II Time of Delivery (June 1997) - Alternate II (Apr 1984) 52.211-8 Alt III Time of Delivery (June 1997) - Alternate III (Apr 1984) 52.211-9 Desired and Required Time of Delivery (June 1997) 52.211-9 Alt I Desired And Required Time of Delivery (June 1997) - Alternate I (Apr 1984) 52.211-9 Alt II Desired And Required Time of Delivery (June 1997) - Alternate II (Apr 1984) 52.211-9 Alt III Desired And Required Time of Delivery (June 1997) - Alternate III (Apr 1984)
G Contract Administration Data
652.242-70 CONTRACTING OFFICER'S REPRESENTATIVE (COR) (AUG 1999)
G-001 ORDERING PROCEDURES
G-002 TECHNICAL DIRECTION
G-003 MEETINGS
G-004 ORDERING INFORMATION
G-004.1 TASK ORDER PROPOSAL REQUEST AND PROPOSAL SUBMISSION
PROCEDURES
G-004.2 TASK ORDER AWARD
G-005 COMMENCEMENT OF TASK ORDER PERFORMANCE
G-006 ORDER OF PRECEDENCE
G-008 NON-PAYMENT FOR UNAUTHORIZED WORK
G-009 FINAL INVOICE
G-010 QUICK-CLOSEOUT PROCEDURES
G-011 DEPARMENT OF STATE INVOICE INSTRUCTIONS
G-012 EXPANDED INVOICE INSTRUCTIONS
H Special Contract Requirements
652.204-70 DEPARTMENT OF STATE PERSONAL IDENTIFICATION CARD POLICY AND
PROCEDURES (FEB 2015)
H-0010 SPECIAL ISSUANCE PASSPORT
H-0012 PERMITS, LICENSES, AND APPOINTMENTS
H-0013 BUSINESS, OPERATIONAL AND TECHNOLOGY REFRESHMENT
H-003.2 SUBCONTRACTING
H-003.3 TERMINATIONS, RESIGNATIONS AND CANCELLATIONS
H-003.4 ADVERSE INFORMATION
H-004 SAFEGUARDING OF INFORMATION
H-004.1 PRESS RELEASES
H-005 ORGANIZATIONAL CONFLICT OF INTEREST
H-006.1 PERFORMANCE MANAGEMENT - GENERAL
H-006.2 WORK SCHEDULES
H-006.3.1 CONTRACTOR CONDUCT - GENERAL
H-006.3.2 REMOVAL OF INDIVIDUAL CONTRACTOR EMPLOYEES FOR CAUSE
H-006.3.3 CONTRACTOR IDENTIFICATION
H-006.3.4 SAFETY AND ACCOUNTABILITY FOR EVERYONE (SAFE) (DEC 2022)
H-006.4.1 PERSONNEL MANAGEMENT - GENERAL
H-006.4.2 TRAINING
H-006.4.3 KEY PERSONNEL
H-006.4.4 CONTRACTOR VETTING AFTER AWARD
H-007 INSURANCE REQUIREMENTS
H-009.1 GOVERNMENT PROPERTY - GENERAL
H-009.2 VEHICLES
H-031 Security Requirements H-032 Telework/Alternate Work Schedule Policy
I Contract Clauses 52.252-2 Clauses Incorporated by Reference (Feb 1998) 52.202-1 Definitions (Jun 2020) 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 (Jun 2020) 52.203-7 Anti-Kickback Procedures (Jun 2020) 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 (Jun 2020) 52.203-13 Contractor Code of Business Ethics and Conduct (Nov 2021) 52.203-14 Display of Hotline Poster(s) (Nov 2021) 52.203-15 Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (June 2010) 52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights (Jun 2020) 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 (Jun 2020) 52.204-13 System for Award Management Maintenance (Oct 2018) 52.204-14 Service Contract Reporting Requirements (Oct 2016) 52.204-15 Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) 52.204-19 Incorporation by Reference of Representations and Certifications (Dec 2014) 52.204-21 Basic Safeguarding of Covered Contractor Information Systems (Nov 2021) 52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Nov 2021) 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021)
52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Nov 2021) 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 (Nov 2021) 52.215-2 Audit and Records-Negotiation (Jun 2020) 52.215-8 Order of Precedence - Uniform Contract Format (Oct 1997) 52.215-10 Price Reduction for Defective Certified Cost or Pricing Data (Aug 2011) 52.215-11 Price Reduction for Defective Certified Cost or Pricing Data-Modifications (Jun 2020) 52.215-12 Subcontractor Certified Cost or Pricing Data (Jun 2020) 52.215-13 Subcontractor Certified Cost or Pricing Data-Modifications (Jun 2020) 52.215-14 Integrity of Unit Prices (Nov 2021) 52.215-15 Pension Adjustments and Asset Reversions (Oct 2010) 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 (Nov 2021) 52.215-23 Limitations on Pass-Through Charges (Jun 2020) 52.216-7 Allowable Cost and Payment (Aug 2018) 52.216-8 Fixed Fee (Jun 2011) 52.217-2 Cancellation Under Multi-year Contracts (Oct 1997) 52.219-8 Utilization of Small Business Concerns (Oct 2022) 52.219-14 Limitations on Subcontracting (Oct 2022) 52.219-25 (DEVIATION) 52.219-25, Small Disadvantaged Business Participation Program Disadvantaged Status and Reporting 52.219-28 Post-Award Small Business Program Rerepresentation (Mar 2023) 52.222-2 Payment for Overtime Premiums (July 1990) 52.222-3 Convict Labor (June 2003) 52.222-4 Contract Work Hours and Safety Standards--Overtime Compensation (May 2018) 52.222-7 Withholding of Funds (May 2014) 52.222-17 [Reserved] 52.222-21 Prohibition of Segregated Facilities (Apr 2015) 52.222-26 Equal Opportunity (Sept 2016) 52.222-27 Affirmative Action Compliance Requirements for Construction (Apr 2015) 52.222-36 Equal Opportunity for Workers with Disabilities (Jun 2020) 52.222-37 Employment Reports on Veterans (Jun 2020) 52.222-39 [Reserved] 52.222-40 Notification of Employee Rights Under the National Labor Relations Act (Dec 2010)..
52.222-41 Service Contract Labor Standards (Aug 2018) 52.222-42 Statement of Equivalent Rates for Federal Hires (May 2014) 52.222-43 Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) 52.222-44 Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) 52.222-50 Combating Trafficking in Persons (Nov 2021) 52.222-54 Employment Eligibility Verification (May 2022) 52.222-55 Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022) 52.222-62 Paid Sick Leave Under Executive Order 13706 (Jan 2022) 52.223-5 Pollution Prevention and Right-to-Know Information (May 2011) 52.223-6 Drug-Free Workplace (May 2001) 52.223-10 Waste Reduction Program (Jun 2011) 52.223-13 Acquisition of EPEAT-Registered Imaging Equipment (Jun 2014) 52.223-13 Alt I Acquisition of EPEAT\\(R)-Registered Imaging Equipment (Jun 2014) - Alternate I (Oct 2015) 52.223-16 Acquisition of EPEAT-Registered Personal Computer Products (Oct 2015) 52.223-16 Alt I Acquisition of EPEAT-Registered Personal Computer Products (Oct 2015) - Alternate I (Jun 2014) 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020)
52.223-19 Compliance With Environmental Management Systems (May 2011) 52.224-1 Privacy Act Notification (Apr 1984) 52.224-2 Privacy Act (Apr 1984) 52.224-3 Privacy Training (Jan 2017) 52.224-3 Alt I Privacy Training (Jan 2017) - Alternate I (Jan 2017) 52.225-14 Inconsistency Between English Version and Translation of Contract (Feb 2000) 52.227-1 Authorization and Consent (Jun 2020) 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement (Jun 2020) 52.227-3 Patent Indemnity (Apr 1984) 52.228-3 Workers' Compensation Insurance (Defense Base Act) (July 2014) 52.228-4 Workers' Compensation and War-Hazard Insurance Overseas (Apr 1984) 52.228-5 Insurance-Work on a Government Installation (Jan 1997) 52.229-3 Federal, State and Local Taxes (Feb 2013) 52.232-1 Payments (Apr 1984) 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) 52.232-18 Availability of Funds (Apr 1984) 52.232-20 Limitation of Cost (Apr 1984) 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) 52.233-1 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) 52.242-2 Production Progress Reports (Apr 1991) 52.242-3 Penalties for Unallowable Costs (Dec 2022) 52.242-5 Payments to Small Business Subcontractors (Jan 2017) 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) 52.243-2 Changes-Cost-Reimbursement (Aug 1987) 52.243-2 Alt I Changes - Cost-Reimbursement (Aug 1987) - Alternate I (Apr 1984) 52.243-3 Changes-Time-and-Material or Labor-Hours (Sept 2000) 52.243-4 Changes (June 2007) 52.244-5 Competition in Subcontracting (Dec 1996) 52.244-6 Subcontracts for Commercial Products and Commercial Services (Mar 2023) 52.245-1 Government Property (Sep 2021) 52.245-9 Use and Charges (Apr 2012) 52.245-11 [Deleted] 52.245-14 [Deleted] 52.246-25 Limitation of Liability-Services (Feb 1997) 52.249-2 Termination for Convenience of the Government (Fixed-Price) (Apr 2012) 52.249-4 Termination for Convenience of the Government (Services) (Short Form) (Apr 1984) 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) 52.249-14 Excusable Delays (Apr 1984) 52.253-1 Computer Generated Forms (Jan 1991)
652.216-70 ORDERING INDEFINITE-DELIVERY CONTRACTS (APR 2004)
652.216-71 PRICE ADJUSTMENT (AUG 1999)
652.225-71 SECTION 8(a) OF THE EXPORT ADMINISTRATION ACT OF 1979, AS AMENDED
(AUG 1999)
652.228-71 WORKER'S COMPENSATION INSURANCE (DEFENSE BASE ACT) - SERVICES
(FEB 2015)
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)
652.232-70 Payment Schedule and Invoice Submission (Fixed-Price)(Aug 1999)
652.232-71 VOUCHER SUBMISSION (COST-REIMBURSEMENT) (AUG 1999)
652.232-72 LIMITATION OF FUNDS (AUG 1999)
652.239-71 SECURITY REQUIREMENTS FOR UNCLASSIFIED INFORMATION TECHNOLOGY
RESOURCES (SEP 2007)
652.242-73 AUTHORIZATION AND PERFORMANCE (AUG 1999)
652.243-70 NOTICES (AUG 1999)
FAR 52.204-99 System for Award Management Registration (August 2012)(DEVIATION) 52.215-21 Alt I Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data-Modifications (Nov 2021) - Alternate I (Oct 2010) 52.215-21 Alt III Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data-Modifications (Nov 2021) - Alternate III (Oct 1997) 52.216-18 Ordering (Aug 2020) 52.216-19 Order Limitations (Oct 1995) 52.216-22 Indefinite Quantity (Oct 1995) 52.217-6 Option for Increased Quantity (Mar 1989) 52.217-8 Option to Extend Services (Nov 1999) 52.217-9 Option to Extend the Term of the Contract (Mar 2000) 52.222-26 Alt I Equal Opportunity (Sept 2016) - Alternate I (Feb 1999) 52.222-35 Equal Opportunity for Veterans (Jun 2020) 52.225-19 Contractor Personnel in a Designated Operational Area or Supporting a Diplomatic or Consular Mission Outside the United States (May 2020) 52.227-14 Rights in Data-General (May 2014) 52.227-23 Rights to Proposal Data (Technical) (June 1987) 52.229-8 Taxes-Foreign Cost-Reimbursement Contracts (Mar 1990) 52.232-7 Payments under Time-and-Materials and Labor Hour Contracts (Nov 2021) 52.232-16 Progress Payments (Nov 2021) 52.232-16 Alt I Progress Payments (Nov 2021) - Alternate I (Mar 2000) 52.232-19 Availability of Funds for the Next Fiscal Year (Apr 1984) 52.242-4 Certification of Final Indirect Costs (Jan 1997) 52.244-2 Subcontracts (Jun 2020) 52.247-63 Preference for U.S.-Flag Air Carriers (June 2003) 52.252-6 Authorized Deviations in Clauses (Nov 2020)
652.237-72 OBSERVANCE OF LEGAL HOLIDAYS AND ADMINISTRATIVE LEAVE (FEB
2015)
I-001 CLAUSES INCORPORATED BY REFERENCE FAR 52.252-2 (FEB 1998)
I-002 DEFINITIONS - EMBASSY, DEPARTMENT, GOVERNMENT
52.204-27 PROHIBITION ON A BYTEDANCE COVERED APPLICATION (JUN 2023)
J List of Attachments J-001 Attachments
K Representations, Certifications, and Other Statements of Offerors or Respondents 52.203-11 Certification And Disclosure Regarding Payments To Influence Certain Federal Transactions (Sept 2007) 52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements--Representation (Jan 2017) 52.222-38 Compliance with Veterans' Employment Reporting Requirements (Feb 2016) 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran--Representation and Certifications (Jun 2020) 52.203-2 Certificate Of Independent Price Determination (Apr 1985) 52.204-8 Annual Representations and Certifications (Mar 2023) 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021) 52.204-26 Covered Telecommunications Equipment or Services-Representation (Oct 2020) 52.209-2 Prohibition on Contracting with Inverted Domestic Corporations--Representation (Nov 2015)
52.209-5 Certification Regarding Responsibility Matters (Aug 2020) 52.209-7 Information Regarding Responsibility Matters (Oct 2018) 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law (Feb 2016) 52.209-12 Certification Regarding Tax Matters (Oct 2020) 52.209-13 Violation of Arms Control Treaties or Agreements-Certification (Nov 2021) 52.219-1 Small Business Program Representations (Mar 2023) 52.222-22 Previous Contracts and Compliance Reports (Feb 1999) 52.222-25 Affirmative Action Compliance (Apr 1984) 52.222-52 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Certification (May 2014) 52.223-22 Public Disclosure of Greenhouse Gas Emissions and Reduction Goals-Representation (Dec 2016) 52.225-20 Prohibition on Conducting Restricted Business Operations in Sudan - Certification (Aug 2009)
652.225-70 ARAB LEAGUE BOYCOTT OF ISRAEL (AUG 1999)
L Instructions, Conditions, and Notices to Offerors and Respondents 52.215-20 Alt I Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data (Nov 2021) - Alternate I (Oct 2010) 52.215-20 Alt III Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data (Nov 2021) - Alternate III (Oct 1997) 52.233-2 Service of Protest (Sept 2006)
652.206-70 ADVOCATE FOR COMPETITION/OMBUDSMAN (FEB 2015)
652.219-70 DEPARTMENT OF STATE SUBCONTRACTING GOALS (APR 2004)
L-001 FAR.52.252-1 SOLICITATION PROVISION INCORPORATED BY REFERENCE (FEB
1998)
L-002 MULTIPLE PROPOSALS/ALTERNATIVE SOLUTIONS
L-003 ACQUISITION TYPE
L-004 PROPOSAL PREPARATION INSTRUCTIONS
L-005 TECHNICAL PROPOSAL INSTRUCTIONS
L-006 COST/PRICE PROPOSAL INSTRUCTIONS
L-007 FACILITY CLEARANCE LEVEL (FCL)
L-008 PROPOSAL SUBMITTAL INSTRUCTIONS
L-009 DUE DILIGENCE SESSIONS
L-010 POST DUE-DILIGENCE QUESTIONS
M Evaluation Factors for Award
M-001 FAR 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE
M-002 GENERAL
M-003 BASIS OF AWARD
M-004 USE OF NON-GOVERNMENT SUPPORT FOR EVALUATIONS
M-005 EVALUATION FACTORS AND SUB-FACTORS CONFIDENCE RATING SCHEME
M-006 EVALUATION FACTOR AND SUB-FACTOR EVALUATION CRITERIA
M-007 RELATIVE ORDER OF IMPORTANCE
M-008 COST/PRICE EVALUATION
Line Item Summary
Solicitation Number:
19AQMM23R0059
Contract Number: Title: S/GAC - Data and Systems Support Services
Date of Solicitation:
06/26/2023
Line Item No.
Description Quantity Unit Unit Price Total Cost
001 Offerors shall provide IDIQ pricing in accordance with RFP Sections A-M attached.
Primary NAICS Code: 541512 Type of Contract Pricing: OTH
Doc Ref No:
Delivery Date FOB:
1.00 0.00 1.00
HR
B-001 - GENERAL
This is a nonpersonal services Indefinite Delivery Indefinite Quantity (IDIQ) contract, as defined by Federal Acquisition Regulation (FAR) 37.101. The Contractor shall provide, in accordance with issued Task Orders (TOs), the Department of State (DOS), Office of the US Global AIDS Coordinator and Global Health Diplomacy (S/GAC) and the Foreign Assistance (F) Bureau quality engineering, systems support, hosting, data collection, analysis, and operational and administrative management support services. TOs will provide Fixed, Burdened Hourly Labor Rates that include, but are not limited to: direct labor, applicable indirect expenses, and profit. The labor rates must also reflect expenses for contract management, including preparation of invoices, cost and technical proposals, contract status reports, etc., but must exclude travel, other direct costs, and associated General and Administrative (G&A) expenses.
Other than travel costs, the Government will not recognize any additional costs which are not made a part of the fully burdened labor rates. The DOS, Office of the Procurement Executive, Office of Acquisition Management (A/OPE/AQM) will issue Time-and- Materials (T&M), Labor-Hour (LH), or Cost-Reimbursable TOs, as required, and set forth in Contract section G, H, and I.
B-002 - CONTRACT TYPE
This is a single-award indefinite-delivery, indefinite-quantity (IDIQ) contract, as defined in Federal Acquisition Regulation (FAR)
16.504 (Indefinite-Quantity Contracts).
Note: Because the Government 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.”
The Government reserves the right to issue task orders utilizing any of the contract types, or a combination thereof, authorized by the
FAR.
If a task order will be performance-based, as described in FAR subpart 37.6 (Performance-based Acquisition), its requirements will be conveyed and administered at the task order level.
B-003 - MAXIMUM PROGRAM CEILING AND MINIMUM CONTRACT GUARANTEE
Pursuant to FAR 16.504(a), the total maximum quantity of all supplies and services under this Basic Contract shall not exceed $190M, including options.
The total minimum quantity, guaranteed by the Government, is $1.9M.
B-004 - FIXED FULLY-LOADED HOURLY LABOR RATES
a) This section applies to labor-hour arrangements (i.e., task orders or line items in a task order), the time portion of time-and-materials arrangements, and when negotiating the fixed price under fixed-price arrangements.
b) The negotiated NTE fully-loaded hourly labor rates will be located within Section J, Attachment J-1A (Fully Loaded Hourly Labor Rate Tables) at time of contract award. The completed and final negotiated rates using Attachment J-1A (Fully Loaded Hourly Labor Rate Tables) may be established by the awarding Contracting Officer as the IDIQ maximum rates for contract Attachment J-1A.
c) The labor category description for each labor category identified in Attachment J-1A is located in Section J Attachment J-1B (Labor Category Descriptions). The negotiated NTE fully loaded hourly labor rates are based on the maximum requirements (i.e., maximum education, maximum training, maximum experience, highest potential required skill level, maximum other requirements) contained in applicable labor category description and skill level identified in Section J Attachments and contained in other terms or attachments in the contract.
d) The negotiated fixed 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 rates apply only to performance by American Citizens.
g) Each negotiated NTE fully-loaded hourly labor rates apply regardless of whether the individual performing the labor category work (either as an employee or consultant) for the prime Contractor or 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 hours 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 Other Direct Cost (ODC) at the task order 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 order level, the Government will specify and/or follow the Contractor to propose the labor categories required for a given task order's performance. Contract-specified labor categories and discounted fully loaded hourly rates shall be used when applicable.
m) 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 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 order will apply only to that task order.
o) The fully loaded hourly labor rates awarded as part of an individual task order will apply to each equitable adjustment resulting from any change to the task order 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-005 - TRAVEL COSTS
a) Travel under this contract is defined as Contractor air and ground transportation, lodging, meals and incidental expenses (M&IE), passport and visa costs, virus testing costs, and immunization 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.
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) 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 pay adjustments based on actual costs of labor or material), travel must be approved in advance and in writing by the Contracting Officer's Representative.
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 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:
1. One in which the employee arrives at the start of his normal work day to his local place of performance (official duty station): or
2. 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 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 is generally allowable as long as such time is counted as part of the employee’s normal work day.
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).
i) 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);
• 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.
j) 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:
• Payment of travel time described herein is in accordance with the Contractor’s established travel policy.
• 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.
• The Government will not pay for a Contractor employee’s time spent in layovers that are for the convenience of the
Contractor employee or Contractor.
• The Government will not pay more than eight (8) hours per day per Contractor employee for travel time.
• The Government will not pay for a Contractor employee’s travel time that is outside the employee’s regular working hours.
• 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).
• “Productive time hours” consist of hours that, other than travel time hours, directly benefit the contract.
• 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 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, 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), 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 order or line item in a task order), the Contractor shall submit with its task order proposal a memorandum explaining why it does not intend to use a U.S.-flag air carrier service. Inclusion of such costs in the awarded fixed-price is contingent upon Government acceptance of such explanation.
If such conditions exist under arrangements when payment is made based on actual costs incurred (e.g., cost-reimbursement arrangements, materials portion of time-and-materials arrangements, and progress payments based on costs under fixed-price arrangements), the Contractor shall submit with its voucher a memorandum explaining why it did not use a U.S.-flag air carrier service. Reimbursement is contingent upon Government acceptance of such explanation.
B-006 - 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 order level. However, Government payment of such costs is contingent on the Contractor meeting all of the following requirements:
a) Paying Post Hardship Differential Pay and Danger Pay is part of the Contractor’s established incentive compensation plan or policy, or employer/employee agreement entered into in good faith before the services are rendered, pursuant to FAR 31.205-6(f)(1)(i) (Bonuses and Incentive Compensation).
b) When paying Post Hardship Differential Pay and Danger Pay is part of the Contractor’s established incentive compensation plan or policy, such plan or policy is followed consistently as to imply, in effect, an agreement to make such payment pursuant to FAR 31.205-6(f)(1)(i) (Bonuses and Incentive Compensation).
c) The Contractor's basis for paying Post Hardship Differential Pay and Danger Pay is supported, pursuant to FAR 31.205-6(f)(1)
(ii) (Bonuses and Incentive Compensation).
d) Payment of such costs is otherwise consistent with FAR subpart 31.2 (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:
• whose country of citizenship is not in the task order place of performance; and
• whose primary residence is in an area not identified in Section 920 of the DSSR, or an area identified in Section 920 of the
DSSR with an applicable DSSR percentage that is less than the respective applicable DSSR percentage for the task order place of performance.
g) Payment for a given workweek for an eligible employee will not exceed the dollar amount resulting from multiplying the applicable DSSR percentage by the employee’s basic compensation for the given workweek.
h) The applicable DSSR percentage will be the DSSR percentage effective at the time of task order proposal(s) (or upon task order award if feasible) under fixed-price arrangements (i.e., task orders or line items in a task order).
i) The applicable DSSR percentage will be the DSSR percentage effective at the time of task order performance for arrangements when payment is made based on actual costs incurred (e.g., cost-reimbursement arrangements, materials portion of time-and-materials arrangements, and progress payments based on costs under fixed-price arrangements).
j) An eligible employee’s basic compensation for a given workweek is the dollar amount attributable to the employee as a result of the employee’s productive hours and paid time off (e.g., sick, vacation, holiday) hours for the given workweek. It is the employee’s base salary/unloaded compensation for the given workweek. However, such compensation must:
• benefit the task order; 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 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.
l) Basic compensation included in the fixed-price under fixed-price arrangements will consist of each eligible employee’s negotiated base salary/unloaded compensation for the task order 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., 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 order place of performance or in another Post Hardship Differential Pay and Danger Pay area, respectively.
o) When an eligible employee takes paid time off in another Post Hardship Differential Pay and/or Danger Pay area, payment will be based on the applicable DSSR percentage(s) for the task order place of performance.
p) Payment of Post Hardship Differential Pay for an eligible employee will not commence until the eligible employee has served 42 calendar days in the task order place of performance. Payment will commence on the first productive or non-productive day after day 42, and will not be retroactive to days previously served unless paragraph “q” immediately below applies. The 42 calendar days are not required to be consecutive, and “served” consists of productive time, paid time off, and time otherwise spent in the task order place of performance.
q) Once an eligible employee has served 42 calendar days in the task order place of performance, payment of Post Hardship Differential Pay will be retroactive to day 1 served in the task order place of performance if the task order place of performance is in an area identified in Footnote N in the Post Classification and Payment Tables in Section 920 of the DSSR. Currently, Afghanistan, 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 order place of performance, unless such departure is to another Post Hardship Differential Pay area during paid time off.
s) For Post Hardship Differential Pay, when an eligible employee has not yet served 42 calendar days and returns to the task order place of performance after an absence from the task order place of performance, the number of days served resumes on the day of return. For example, if an eligible employee served 30 calendar days in the task order place of performance and departed the task order place of performance for 14 days, the day of return (day 44) will be considered day 31 of days served.
t) Payment of Danger Pay for an eligible employee will commence on the day of arrival in the task order place of performance and conclude on the day of departure from the task order place of performance, unless such departure is to another Danger Pay area during paid time off.
B-007 - 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 at the task order 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 (LN) and Third Country Nationals (TCNs) unless the DBA insurance requirement for these employees has been waived by the U.S. Department of Labor. Refer to https://www.dol.gov/owcp/dlhwc/dbawaivers/dbawaivers.htm for a listing, by location, 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 BBA.
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 State approved carriers may be found at http://www.dol.gov/owep/dlhwc/lscarrier.htm.
h) The Contractor shall submit, to the Contracting Officer and COR, evidence of DBA insurance at the task order level, in advance of personnel travel. If there is a Department of Labor waiver for the travel destination, the Contractor 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-008 - ADDITIONAL HOURS
The following applies to labor-hour arrangement and the time portion of time-and-materials arrangements (task order or line items in a task order):
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 order.
c) Overtime is not approved for this contract. 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 order place of performance, or the number of hours per week an employee normally works at regular/straight-time compensation at the task order 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 of additional hours must be authorized in advance of any Contractor employee's performance of additional hours and in writing by the Contracting Officer's Representative (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-009 - NOT-TO-EXCEED (NTE) PROFIT PERCENTAGES
a) In order to avoid the cost-plus-a-percentage-of-cost system of contracting [see FAR 16.102(c)], this section applies only prior to task order performance or prior to any task order…
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