19AQMM23R0142 Amendment 3 GLOBALCAP.pdf

19AQMM23R0142

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

1. CONTRACT ID CODE RATING

2. AMENDMENT/MODIFICATION NO.

3. EFFECTIVE DATE

10/26/2023

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

AOPE_CODE

OFC OF PROCUREMENT EXECUTIVE (A/OPE)

1701 NORTH FORT MYER DR

ATTN: RM 500, US DEPT OF STATE

ARLINGTON, VA 22209

Bradley W Ward

NAME

202-374-4491

TEL.

WardBW@state.gov

EMAIL

6. ISSUED BY OPEAQMCODE

Regional Support Branch

OPE/AQM/WW/RSB

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.

19AQMM23R0142

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)

07/28/2023

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.)

Amendment 3 does the following:

1. Multiple Locations -- Removed reference of 'HESCO’ and replaced it with ‘Expeditionary Barrier Systems’ (EBS) MIL-DTL-32488.

2. C.2 and C.2.3 -- Clarified language.

3. L.22 -- Clarified language.

4. L.24.1 -- Clarified language.

5. L.24.1 and M.10-- Clarified language regarding procurement restrictions at task order and IDIQ level.

6. L.24.2 -- Clarified language.

7. L.24.2 -- Updated Qualification requirements for Key Personnel: Program Manager (IDIQ Level).

8. L.24.3 -- Clarified language.

9. M.11 -- Clarified language.

10. J-Attachment 11 -- Clarified paragraphs 3.1 and 3.2.

11. There is no change to the due date/time.

12. Changes are put in red font when possible. No other changes have been made to this solicitation.

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)

Kelly M. Wagner

(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

10/26/2023

NSN 7540-01-152-8070

Previous edition unusable

STANDARD FORM 30 (REV. 10-83)

Prescribed by GSA FAR (48 CFR) 53.243

CGFS // CGFS

Table of Contents

Section Description Page Number

B Supplies or Services and Prices/Costs See Below -- See Below for Full RFP, Section B through Section M

Line Item Summary

Solicitation Number:

19AQMM23R0142

Contract Number: Title: GLOBALCAP IDIQs (RFP) Date of Solicitation:

10/26/2023

Line Item No.

Description Quantity Unit Unit Price Total Cost

001 For Full IDIQ CLIN Structure See J-Attachment 6.

10-Year Ordering Period (See Below for details).

For Full Sections B through M (See Below).

J-Attachment 2 will be inserted at the time of award and will contain NTE Fully-Loaded Hourly Rates.

J-Attachment 4 will be inserted at time of award and will contain NTE Equipment Unit Prices.

J-Attachment 5 will be inserted at time of award and will contain Provisional Billing and Ceiling Indirect Cost Rates.

The contract type(s) for an individual task order will be one or a combination identified in FAR part 16 (Types of Contracts), depending on one or more of the factors identified in FAR 16.104 Type of Contract Pricing: FFP

Doc Ref No:

Delivery Date FOB:

0.00 0.00 0.00

EA $0.00

$0.00

$0.00

$0.00 $0.00

$0.00

Line Item: 001

Invoice Addresses Applicable Deliveries

Line Item: 001

Property Addresses Applicable Deliveries

See Below -- - See Below for Full RFP, Section B through Section M.

See Below for Full RFP (Section B through Section M).

Associated Lines:

Section J - List of Attachments Identifier Title Date Number of

Pages 2 AQS 19AQMM23R0142.pdf 07/28/2023

SBU - CONTRACTING AND ACQUISITIONS

U.S. Department of State

Bureau of African Affairs And

Bureau of Political-Military Affairs

GLOBALCAP

Solicitation 19AQMM23R0142 (Amendment 3)

GLOBALCAP RFP

Department of State Page 5 July 2023

SBU - CONTRACTING AND ACQUISITIONS

TABLE OF CONTENTS

SECTION A - SOLICITATION/CONTRACT FORM

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 Overview

B.2 Type of Contract

B.3 Minimum and Maximum Contract Quantities

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

B.5 Provisional Billing Indirect Cost Rates

B.6 Ceiling Indirect Cost Rates

B.7 Travel Costs

B.8 Post Hardship Differential Pay and Danger Pay

B.9 Defense Base Act (DBA) Insurance

B.10 Overtime

B.11 Not-to-Exceed (NTE) Profit Percentages

B.12 Not-to-Exceed (NTE) Fee Percentages

B.13 Fixed Fee

B.14 Not-to-Exceed (NTE) Unit Prices for Equipment

B.15 Selected Cost/Price-Related Laws

B.16 Advance Understanding

B.17 CLIN Structure

SECTION C - STATEMENT OF WORK

C.1 Background

C.2 Requirements

C.3 IDIQ and Task Order Management

C.4 Reporting Requirements

C.5 Contract Operational Metrics

C.6 Task Order Operational Metrics

SECTION D - PACKAGING AND MARKING

D.1 Data Packaging Requirements (If Applicable at the TO Level)

D.2 Marking of Reports (If Applicable at the TO Level)

D.3 Packing of Supplies for Domestic Shipping (If Applicable at the TO Level)

D.4 Packing List(s) (If Applicable at the TO Level)

D.5 Warranty Notification (If Applicable at the TO Level)

D.6 Package Marking (If Applicable at the TO Level)

Department of State Page 6 July 2023

D.7 Documentation of Shipments (If Applicable at the TO Level)

SECTION E - INSPECTION AND ACCEPTANCE

E.1 FAR 52.252-2 Clauses - (Feb 1998)

E.2 Inspection and Acceptance

E.3 Quality Assurance Surveillance Plan and Government Quality Assurance

E.4 Inspection System

E.5 Design-Build and Construction Inspection and Acceptance

E.6 Quality of Reports and Deliverables

E.7 Methods of Surveillance

SECTION F - DELIVERIES OR PERFORMANCE

F.1 FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998)

F.2 IDIQ Period of Performance

F.3 Contract Data Deliverables

F.4 Place of Performance

F.5 Delivery Instructions

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 Contract Administration

G.2 General Invoice Instructions

G.3 Expanded Invoice Instructions

G.4 Payment for Authorized Work

G.5 Non-Payment for Unauthorized Work

G.6 Final Invoice

G.7 Quick-Closeout Procedure

G.8 Changes to Teaming Arrangements/Joint Ventures

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 Process and Criteria for Issuing and Awarding Task Orders

H.2 Contractor Commitments, Special Warranties, and Representations

H.3 Contact Information for Sensitive and/or Operational Positions

H.4 Government-Furnished Equipment and Space (on-site) & Granting of Government Owned Furnished Equipment

H.5 Insurance Requirements

H.6 Bonds and Licenses

H.7 Permits

H.8 Contractor Personnel

H.9 Watchmen & Property Accountability & Government Furnished Property/Information

Department of State Page 7 July 2023

H.10 Safeguarding of Information

H.11 Organizational Conflict of Interest

H.12 Security Requirements

H.13 Department of State Identification Card Issuance

H.14 Safety and Accountability for Everyone (SAFE) (MAR 2023)

H.15 Security Training for High Threat High Risk Overseas Posts (MAR 2023)

H.16 Taxes and Customs Fees

H.17 Housing and Other Facilities

H.18 Fly America Waiver/Exemptions

H.19 Public Release of Information

H.20 Documents – Ownership and Use

H.21 Laws and Regulations

H.22 Language Proficiency

H.23 War Skills

H.24 Assignment of Claims

H.25 Review of Documents and Local Conditions

H.26 Indemnification Against Claims and Encumbrances

H.27 Other Services Not to Relieve Contractor

H.28 Erroneous Representations

H.29 Order Of Precedence

H.30 Referenced Standards

H.31 Notification Of Differing Site Conditions

H.32 Equitable Adjustments

H.33 Preservation Of Reference Points And Benchmarks

H.34 Certification of Boundary Markers

H.35 Organization of Drawings and Specifications

H.36 Responsibility Of Contractor

H.37 Construction Task Order Requirements

H.38 Organization and Direction of the Work

H.39 Construction Operations

H.40 Contractor Settlement of Claims & Encumbrances

H.41 Temporary Facilities And Services

H.42 Materials And Equipment

H.43 Imported Materials, Equipment, and Personnel

H.44 Hazardous Material Identification

H.45 Definitions

Department of State Page 8 July 2023

H.46 Information Concerning the Host Country

H.47 Conferences

H.48 Change Order Processing

H.49 English Language Documentation Requirement

H.50 Labor Relations & Actions

H.51 Reporting Accidents

H.52 Contractor Security Plan Requirement

H.53 Conflicts of Interest

H.54 Company Business Cards

H.55 Personnel Matters/Instructions

H.56 Technical Direction

H.57 Prime/Subcontractor Instructions and Limitations

H.58 Leahy Vetting Guidelines

H.59 Child Solder Prevention Act

SECTION I - CONTRACT CLAUSES

I.1 General

I.2 FAR Clauses Incorporated in Full Text

I.3 Department of State Acquisition Regulation (DOSAR) Clauses Incorporated by Reference

I.4 FAR 52.204-21 Basic Safeguarding of Covered Contractor Information Systems (Nov 2021) 152

I.5 FAR 52.216-32 Task-Order and Delivery Order Ombudsman

I.6 FAR 52.236-1 Performance of Work by the Contractor (Apr 1984)

I.7 DOSAR 652.204-70 - Department of State Personal Identification Card Policy and Procedures (Feb 2015)

I.8 Observance of Legal Holidays and Administrative Leave

SECTION J - LIST OF ATTACHMENTS

SECTION K - REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF OFFERORS OR

RESPONDENTS

K.1 General

K.2 Department of State Acquisitions Regulations (DOSAR) provision

K.3 DOSAR 652.225-70 - Arab League Boycott of Israel (Aug 1999)

K.4 FAR PROVISION 52.204-8 Annual Representations and Certifications – (Mar 2023) .. 159

K.5 FAR 52.230-1 Cost Accounting Standards Notices and Certification (Jun 2020)

K.6 FAR 52.230-7 Proposal Disclosure – Cost Accounting Practice Changes (Apr 2005) (not applicable to small business offerors)

SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS OR RESPONDENTS

Department of State Page 9 July 2023

L.1 FAR 52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998)

L.2 FAR 52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representations (Jan 2017)

L.3 FAR 52.216-1 Type of Contract Award (APR 1984)

L.4 FAR 52.219-27 Service-Disabled Veteran-Owned Small Business Set-Aside (Oct 2022)

L.5 FAR 52.219-30 Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Oct 2022)

L.6 FAR 52.233-2 Service of Protest (Sep 2006)

L.7 FAR 52.252-5 Authorized Deviations in Provisions (Nov 2020)

L.8 DOSAR 652.206-70 – Advocate for Competition / Ombudsman (Feb 2015)

L.9 DOSAR 652.219-70 Department of State Subcontracting Goals (Apr 2004)

L.10 Proposal Submission Instructions

L.11 Communications and Questions

L.12 Solicitation Response

L.13 Delivery of Proposal

L.14 Proposal Integrity

L.15 Proposal Validation Period

L.16 Single or Multiple Awards

L.17 Discussions with the Offeror

L.18 Disposition of Offeror’s Proposal Following Receipts

L.19 Debriefing for Unsuccessful Proposal

L.20 Non-Responsive Proposals

L.21 Organization of Proposal Volumes

L.22 Proposal Content and Page Limits

L.23 Proposal Organization

L.24 Proposal Format

SECTION M – EVALUATION FACTORS FOR AWARD

M.1 General

M.2 Basis for Award

M.3 Competitive Range Determination

M.4 Discussions

M.5 Eligibility for Award

M.6 Solicitation Amendment

M.7 Use of Non-Government Support for Evaluation

M.8 Use of Supporting Information

Department of State Page 10 July 2023

M.9 Evaluation Factors

M.10 Volume I – Technical Approach (Factor 1)

M.11 Volume II – Management Approach (Factor 2)

M.12 Volume III – Past Performance (Factor 3)

M.13 Volume IV – Price Evaluation (Factor 4)

M.14 Volume V – Business

PART I: THE SCHEDULE

SECTION A - SOLICITATION/CONTRACT FORM

Standard Form (SF)-33 for 19AQMM23R0142 is included.

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 Overview

The United States Department of State’s (DOS’) Bureau of African Affairs, Office of Regional Peace, and Security (AF/RPS) and Bureau of Political-Military Affairs, Office of Global Programs and Initiatives (PM/GPI) and Office of Security Assistance (PM/SA) supports U.S. foreign policy goals throughout the world through a variety of programs and policies designed to bolster peace, security and regional stability. GLOBALCAP is the given name of this new multiple award Indefinite-Delivery, Indefinite-Quantity (IDIQ) contract. GLOBCALCAP succeeds the AFRICAP III IDIQ contract.

As described in Section C, GLOBALCAP will capture future work across DOS with the goal of reducing duplication and increasing administrative efficiencies. In general, the Contractor shall provide professional services (e.g., training, mentoring, and monitoring services), logistics support services, equipment procurement and construction services to organizations and countries outside the continental United States (OCONUS).

This multiple-award IDIQ contract contains two competition pools:

• Full and Open (F&O) Competition Pool and

• Service-Disabled Veteran-Owned Small Business (SDVOSB) / Women-Owned Small Business (WOSB) Competition Pool.

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 other than commercial products and other than commercial services.

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

Note: Because the Government anticipates that the majority of performance under the contract will be for services, “task order” is used predominantly throughout the contract.

However, the Government reserves the right to issue delivery orders. Where a contract term or condition references “task order,” such term or condition shall apply, also, to “delivery order.”

c. The contract type(s) for an individual task order will be one or a combination identified in FAR part 16 (Types of Contracts), depending on one or more of the factors identified in FAR 16.104 (Factors in Selecting Contract Types).

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

e. This multiple-award contract is a partial set-aside for Service-Disabled Veteran-Owned Small Business (SDVOSB) / Women-Owned Small Business (WOSB) concerns. Unless a waiver is granted by the Contracting Officer, all contemplated task orders valued under $3 million will be 100% set aside for SDVOSB / WOSB concerns. A waiver to the set-aside requirement at the task order level may be issued, for example, in time-sensitive situations, or situations resulting in an imminent threat to DOS or contractor personnel or property.

f. Contemplated task orders valued above $3 million will be reviewed by the Contracting Officer and OSDBU via the DS-1910 process to determine if the requirement can be competed among the contractors in the SDVOSB / WOSB competition pool, or if it will be competed among the contractors in the full-and-open competition pool. Task Orders estimated between $3 Million and $5 Million there is a high likelihood they will be competed among the contractors in the SDVOSB / WOSB competition pool unless otherwise justified due to special circumstances. Task Orders above $5 Million might be competed among the contractors in the SDVOSB / WOSB competition pool dependent on program/requirement complexity. A waiver to the set-aside requirement at the task order level may be issued, for example, in time-sensitive situations, or situations resulting in an imminent threat to DOS or contractor personnel or property.

g. This is a nonpersonal services contract, as defined in FAR 37.101 (Definitions). Inherently governmental functions, as described in FAR 7.503 (Policy) or by the ordering agency, are prohibited under this contract. The Government will neither supervise Contractor employees nor control the method by which the Contractor performs the required tasks.

The Contractor shall manage its employees and guard against any actions that are of the nature of personal services or give the perception of personal services. The Contractor shall notify the Contracting Officer 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. The Government shall meet the contract minimum of $25,000 (inclusive of all direct costs, indirect costs, and profit/fee) through the issuance of task order(s) within the contract’s period of performance (aka ordering period). The minimum quantity applies to each contract.

b. The maximum quantity for the contract’s period of performance, including any extension(s), shall be any quantity or combination of supplies and services not exceeding $5,000,000,000 ($5B) (inclusive of all direct costs, indirect costs, and profit/fee). The maximum quantity is cumulative among all GLOBALCAP contracts.

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

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

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

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

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 works (either as an employee or consultant) for the prime contractor or a subcontractor.

f. The negotiated NTE fully-loaded hourly labor rates apply only to individuals who have legal status to work in the United States of America (e.g., United States citizens, United States resident aliens, and individuals with permits showing authorization to work in the United States).

g. Fully-loaded hourly labor rates for host-country/local nationals and third-country nationals, if applicable, will be negotiated at the task order level.

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

Any other costs that are part of the Contractor’s established compensation plan and consistent with FAR part 31 (Contract Cost Principles and Procedures) shall be allocated as an ODC (other direct cost) at the task order level. Examples of such costs, if applicable, are post hardship differential pay and danger pay.

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

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

k. 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.

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

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

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

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

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

40 or 48 hours, respectively.

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

4. A normal workweek of 48 hours is based on performance of eight hours per day multiplied by six days per week.

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

6. A normal workweek of 48 hours applies to performance outside the continental United States (OCONUS).

7. If the normal workweek for an individual task order differs from a 40-hour or 48-hour normal workweek, both parties will negotiate labor rates based on the normal workweek for the individual task order. Such negotiated rates will apply only to that task order, unless additionally negotiated into the contract.

8. The Task Order Request (TOR) will provide the expectations for the normal workweek. The CONUS normal workweek is 40 hours. Even though the OCONUS negotiated NTE fully-loaded hourly labor rates apply to a normal workweek of 48 hours, the OCONUS normal workweek may be 40 hours or 48 hours, and will be specifically identified in the TOR for contractors to propose accordingly.

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

p. For labor-hour arrangements and the time portion of time-and-materials arrangements, if a Program Manager, who normally works in the continental United States under a 40-hour normal workweek, is temporarily on task order assignment (i.e., TDY) outside the continental United States where the normal workweek is 48 hours, the Government will pay a maximum of 48 actual incurred hours per week for the Program Manager’s OCONUS performance as long as the Contractor compensates the employee for all actual incurred hours. Payment of the OCONUS performance shall be made at the NTE fully-loaded hourly labor rate or a discount of the NTE fully-loaded hourly labor rate negotiated in this section for a 48-hour normal workweek; the specific rate shall be negotiated at the task order level. This paragraph’s methodology shall also apply to any future labor category for which labor rates are negotiated for multiple workweeks. TDY is defined as less than a year.

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

B.5 Provisional Billing Indirect Cost Rates

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

b. The negotiated provisional billing indirect cost rates are located in Section J’s Attachment J-5 (Provisional Billing and Ceiling Indirect Cost Rates).

c. The Contractor may recover allowable indirect costs if such costs are consistent with the FAR [e.g., FAR 31.109(h)(13), FAR 31.110(b), and FAR subparts 31.2 and 42.7], and the Contractor’s established or disclosed cost accounting practices.

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

e. The Contractor shall be reimbursed:

1. only the indirect cost rate descriptions identified in Attachment J-5 unless prior written approval was obtained by the Contractor’s cognizant Federal agency official

(CFAO);

and

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

CFAO.

f. After any additional (other than just a name change) indirect cost rate description has been approved in writing by the Contractor’s CFAO, establishment of provisional billing indirect cost rates and ceiling indirect cost rates associated with such description will occur after the CFAO has issued his prior written approval of such description. In such a case, the provisional billing indirect cost rates shall match the respective rates established by the CFAO [e.g., in a provisional billing rate (PBR) letter, forward pricing rate agreement (FPRA), or forward pricing rate recommendation (FPRR) (normally in the form of a letter or memorandum) – see Section B.5(j)], and the ceiling indirect cost rates shall not exceed 10% of the respective provisional billing indirect cost rates (e.g. provisional rate of 5.0%, ceiling rate shall not exceed 5.5%).

g. If any revised billing indirect cost rate or final indirect cost rate established by the Contractor’s CFAO exceeds this contract’s respective ceiling indirect cost rate (see Section B.6), the Contractor shall be reimbursed at the contract’s ceiling indirect cost rate.

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

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

j. Examples of documentation showing the CFAO’s establishment of provisional billing or revised billing indirect cost rates, as it relates to Sections B.5(e), (f), (g), and (k), are PBR letters, FPRAs, and FPRRs. The Contracting Officer may modify unilaterally, as frequently as such documents are issued, Attachment J-5 to incorporate the PBR, FPRA, or FPRR rates, for all fiscal years identified in the applicable document. If the contract expiration date, plus the six-month option to extend period, is later than the last fiscal year in the applicable document, the rates in the last fiscal year in the applicable document will be extended, in Attachment J-5, through the six-month option to extend period. Where the date of at least two documents matches, the order of precedence shall be: 1) PBR letter for its effective period only, 2) FPRA for all periods subsequent to the PBR letter’s effective period, and 3) FPRR for all periods subsequent to the PBR letter’s effective period. The provisional billing rates in Attachment J-5 will not exceed the ceiling rates in Attachment J- 5.

k. If the Contractor’s CFAO has established, in writing, provisional billing indirect cost rates for any additional indirect cost rate descriptions, or revised billing indirect cost rates for any existing indirect cost rate descriptions, such rates will apply, subject to the ceiling indirect cost rates in Attachment J-5, even if the contract has not yet been modified to include these rates.

l. Modification proposals (e.g., requests for equitable adjustment) shall be priced with the rates in the documents according to the following order of precedence: 1) FPRA for its effective period, 2) FPRR for its effective period, and 3) PBR letter for its effective period.

However, if the modification expiration date, plus any six-month option to extend period, is later than the last fiscal year in the applicable document, the rates in the last fiscal year in the applicable document shall be proposed through the modification expiration date, plus any six-month option to extend period. The proposed provisional billing rates shall not exceed the ceiling rates in Attachment J-5.

B.6 Ceiling Indirect Cost Rates

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

b. The negotiated ceiling indirect cost rates are located in Section J’s Attachment J-5 (Provisional Billing and Ceiling Indirect Cost Rates).

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

d. If the Government uses the quick-closeout procedure provided in FAR 52.216-7 (Allowable Cost and Payment), the Government will not pay indirect cost rates that exceed the respective negotiated ceiling indirect cost rates.

B.7 Travel Costs

a. Travel under this contract is defined as Contractor air and ground transportation, lodging, meals and incidental expenses, and passport/visa costs. Travel will apply at the task order level, and the Government will pay for travel only when the Government requires it.

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

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

d. Local travel shall be processed as follows:

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

any physical or medical needs of the employee; and mission requirements.

Payment for time associated with such travel is unallowable.

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

For this section, “part of a normal workday” is one in which the employee arrives at the start of his/her normal workday 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 workday.

Payment for time associated with such travel is generally allowable if such time is counted as part of the employee’s normal workday. For this section, “part of a normal workday” is only one of the following:

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

• 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).

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 if such time is counted as part of the employee’s normal workday.

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 if such time is counted as part of the employee’s normal workday.

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

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

g. When traveling in a POV for official travel, the Contractor shall be paid mileage costs at a rate that does not exceed the POV mileage rate established by the U.S. General Services Administration (GSA) (currently at https://www.gsa.gov/travel/plan-book/transportation-airfare-pov-etc/privately-owned-vehicle-pov-mileage-reimbursement-rates).

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

1. such rentals are consistent with good business practice;

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

3. such costs do not exceed the actual cost of renting a compact automobile (maximum of one automobile for four Contractor personnel), unless extenuating circumstances (e.g., excess baggage) require other arrangements and Contracting Officer approval is obtained.

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

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

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

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

https://www.gsa.gov/travel/plan-book/transportation-airfare-pov-etc/privately-owned-vehicle-pov-mileage-reimbursement-rates https://www.gsa.gov/travel/plan-book/transportation-airfare-pov-etc/privately-owned-vehicle-pov-mileage-reimbursement-rates

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

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

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

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

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

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

j. Neither the Department of State nor the U.S. Embassy will provide travel accommodations for contracted personnel operating in country. The Contractor shall procure all travel-related items necessary to support the Contractor’s personnel in country, including, but not limited to, accommodations, hotels, passports, visas, and food, to accomplish all travel-related requirements set forth in the task order requests.

k. The following items concern passports and visas:

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

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

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

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

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

l. The Government is not responsible for the Contractor’s travel errors, and the Government shall not pay to cover the costs of the errors. For example, if a Contractor requests the wrong Visa, and then must leave the country to correct the Visa, the costs associated with this revision are unallowable.

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), 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.

o. The Contractor shall arrange for its employees’ travel to and from all sites specified in each task order.

p. The Contractor shall arrange for housing, food, transport, office supplies, communications (any type), and all other basic requirements for its employees.

q. The Government will pay the Contractor, under the applicable ODC-Travel CLIN(s), for each Contractor employee’s travel time to or from authorized work locations as long as the following are met:

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

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

3. The Government will not pay more than eight (8) hours per day per Contractor employee for travel time. See 29 CFR 785.39 Travel away from home community.

4. The Government will pay for a Contractor employee’s travel time that is outside the employee’s regular working hours, as long as it the travel and duty day do not extend beyond 8 hours.

5. The Government will not pay a Contractor employee for 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), without COR/CO approval.

6. Exceptions shall be authorized in advance, and in writing by the Contracting Officer.

B.8 Post Hardship Differential Pay and Danger Pay

Post Hardship Differential Pay and Danger Pay, which are forms of incentive compensation, will be generally allowable and allocated separately (i.e., via its own line item) 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:

1. 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).

2. 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).

3. 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).

4. Payment of such costs is otherwise consistent with FAR subpart 31.2 (Contracts with Commercial Organizations).

5. 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).

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

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

and

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

7. 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.

8. 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).

9. 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., type in cost-reimbursement category, materials portion of time-and-materials type, any progress payments based on costs under firm-fixed-price type, fixed-price incentive types).

10. An eligible employee’s basic compensation for a given workweek is the dollar amount attributable to the employee as a result of the employee’s productive hours and paid time off (e.g., sick, vacation, holiday) hours for the given workweek. It is the employee’s base salary/unloaded compensation for the given workweek.

However, such compensation must:

1. Benefit the task order; and/or

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

11. 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.

12. 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.

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

14. 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.

15. 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.

16. Payment of Post Hardship Differential Pay for an eligible employee will not commence until the eligible employee has served 30 calendar days in the task order place of performance. Payment will commence on the first productive or non-productive day after day 30 and will not be retroactive to days previously served unless paragraph “17” immediately below applies. The 30 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.

17. Once an eligible employee has served 30 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.

18. 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.

19. For Post Hardship Differential Pay, when an eligible employee has not yet served 30 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 20 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 34) will be considered day 21 of days served.

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

B.9 Defense Base Act (DBA) Insurance

a. DBA insurance 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 order level.

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

d. When DBA Insurance is required, its costs are generally allowable, but only for covered Contractor and subcontractor employees. The following are covered Contractor and subcontractor employees:

1. United States citizens or residents;

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

and

3. Local nationals (LNs) 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 geographical 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.

e. DBA Insurance costs shall accord with the terms…