Draft RFP_72051923R00004_CARSS.pdf

RFP - Central America Regional Support Services (CARSS)

Issuance Date: March 9, 2023 (estimated) Questions Due Date: March 16, 2023 (estimated) Closing Date/Time: April 19, 2023 (estimated)

Subject: Request for Proposals (RFP) No. 72051923R00004, USAID/Central America

Regional Support Services (CARSS)

The United States Agency for International Development (USAID) is seeking proposals to provide services for USAID’s Missions in Central America and Mexico, as described in the attached Request for Proposals (RFP). The primary NAICS code(s) for this procurement is 541990, however, please refer to Section C.7 for additional applicable NAICS codes. The authorized geographic code is 937.

Please refer to Section L for information regarding proposal requirements. Section M states the criteria by which proposals will be evaluated.

This RFP in no way obligates USAID to award a contract nor does it commit USAID to pay any cost incurred in the preparation and submission of a proposal. Award of a Contract under this RFP is subject to availability of funds and other internal USAID approvals.

This RFP can be viewed and downloaded from www.sam.gov. USAID bears no responsibility for data errors resulting from transmission or conversion processes. Further, be aware that amendments to solicitations are occasionally issued and will be posted on the same website from which you downloaded the solicitation. USAID advises to regularly check the above website for amendments.

Sincerely, /s/

Alexander Mavroukakis Division Chief - Regional & Management Division Contracting Officer Office of Acquisition and Assistance USAID/Washington http://www.sam.gov/

TABLE OF CONTENTS

SECTION A – SOLICITATION / CONTRACT FORM 9

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS 10

B.1 TYPE OF CONTRACT 10

B.2 MINIMUM AND MAXIMUM CONTRACT QUANTITIES 11

B.3 NOT-TO-EXCEED (NTE) FULLY-LOADED HOURLY LABOR RATES 11

B.4 PROVISIONAL BILLING INDIRECT COST RATES 14

B.5 CEILING INDIRECT COST RATES 15

B.6 TRAVEL COSTS 16

B.7 POST HARDSHIP DIFFERENTIAL PAY AND DANGER PAY 19

B.8 OVERTIME 21

B.9 SELECTED COST/PRICE-RELATED LAWS 23

B.10 ADVANCE UNDERSTANDING 23

SECTION C – Descriptions/Specifications/Statement of Work 26

C.1 Purpose 26

C.2 Background 26

C.2.1 About USAID 26

C.2.2 Development Context 26

C.3 General Requirements 29

C.4 Main Performance Areas (SCOPE of SERVICES) 30

C.4.1 Strategic Objective 1: Addressing economic insecurity and lack of economic opportunity 30

C.4.2 Strategic Objective 2: Strengthening democratic governance, reducing violence, and promoting respect for human rights and a free press 32

C.4.3 Strategic Objective 3: Improving resilience to climate, food security, and health threats 35

C.4.4 Strategic Objective 4: Strengthening the capacity of local partners and providing Technical and management expertise to USAID missions 36

C.5 SPECIAL CONSIDERATIONS 37

C.5.1 Sustainability and Maximizing Use of Local Entities 37

C.5.2 Grants Management 39

C.5.3 Adaptive Management 40

C.5.4 Gender and Inclusive Development 40

C.5.5 Initial Environmental Examination and Climate Risk Analysis 44

C.5.6 Construction-related Activities 45

C.6 Information Technology and Non-Information Technology 46

C.7 Ancillary Supplies and/or Services. 47

SECTION D – PACKAGING AND MARKING 48

D.1 AIDAR 752.7009 MARKING (January 1993) 48

D.2 USAID BRANDING AND MARKING POLICY 48

D.3 BRANDING STRATEGY, IMPLEMENTATION PLAN AND MARKING PLAN 48

SECTION E – INSPECTION AND ACCEPTANCE 50

E.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE 50

E.2 INSPECTION AND ACCEPTANCE 50

E.3 RESPONSIBLE OFFICIAL 50

E.4 QUALITY OF REPORTS AND DATA DELIVERABLES 51

E.5 GOVERNMENT INSPECTION AND ACCEPTANCE 51

E.6 CONTRACTOR QUALITY CONTROL 52

E.7 GOVERNMENT QUALITY ASSURANCE 52

SECTION F – DELIVERIES OR PERFORMANCE 54

F.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE 54

F.2 PERFORMANCE PERIOD 54

F.3 PLACE OF PERFORMANCE 55

F.4 PERFORMANCE STANDARDS 55

F.5 IDIQ CONTRACT DELIVERABLES 56

F.6 DISTRIBUTION TO THE IDIQ COR AND BRIEFING 62

SECTION G – CONTRACT ADMINISTRATION DATA 64

G.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE 64

G.2 CONTRACTING OFFICER 64

G.3 CONTRACTING OFFICER’S REPRESENTATIVE (COR) 65

G.4 CONTRACTOR’S PRIMARY POINT OF CONTACT 65

G.5 PAYING OFFICE 65

G.6 CONTRACTOR'S PAYMENT ADDRESS 66

G.7 TECHNICAL DIRECTION/RELATIONSHIP WITH USAID (IDIQ AND TASK ORDERS) 66

G.8 ORDERING PROCEDURES 67

G.9 FAIR OPPORTUNITY PROCESS FOR ISSUANCE OF TASK ORDERS 69

G.10 SMALL BUSINESS CONSIDERATIONS AND RESERVE 72

G.11 SMALL BUSINESS FAIR OPPORTUNITY EXCEPTIONS UNDER APPROPRIATIONS ACT 73

G.12 OMBUDSMAN 73

G.13 TASK ORDER ADMINISTRATION 74

G.14 CURRENCY OF PAYMENTS 74

G.15 QUICK-CLOSEOUT PROCEDURES 74

SECTION H – SPECIAL CONTRACT REQUIREMENTS 76

H.1 LANGUAGE REQUIREMENTS 76

H.2 EXECUTIVE ORDER ON TERRORISM FINANCING 76

H.3 ELECTRONIC PAYMENTS 76

H.4 COVERED PARTICIPANTS 77

H.5 USAID-FINANCED THIRD-PARTY WEB SITES (NOVEMBER 2017) 77

H.6 AUTHORIZED GEOGRAPHIC CODE 79

H.7 NONEXPENDABLE PROPERTY 79

H.8 SUBCONTRACTING CONSENT 79

H.9 PROHIBITION OF ASSISTANCE TO DRUG TRAFFICKERS 79

H.10 GRANTS UNDER CONTRACT 80

H.11 ADDITIONAL REQUIREMENTS FOR PERSONNEL COMPENSATION 81

H.12 LOGISTIC AND ADMINISTRATIVE SUPPORT 82

H.13 LIMITATION ON ACQUISITION OF INFORMATION TECHNOLOGY (DEVIATION NOs.

M/OAA-DEV-FAR-18-2c and M/OAA-DEV-AIDAR-18-2c) (APRIL 2018) 82

H.14 FOREIGN GOVERNMENT DELEGATIONS TO INTERNATIONAL CONFERENCES 83

H.15 ORGANIZATIONAL CONFLICTS OF INTEREST: PRECLUSION FROM FURNISHING CERTAIN

SERVICES AND RESTRICTIONS ON USE OF INFORMATION (INDEFINITE DELIVERY, INDEFINITE

QUANTITY) (EVALUATION SERVICES) 84

H.16 ORGANIZATIONAL CONFLICTS OF INTEREST: PRECLUSION FROM FURNISHING CERTAIN

SERVICES AND RESTRICTION ON USE OF INFORMATION (EVALUATION) (TASK ORDER CLAUSE)

………… 84

H.17 ORGANIZATIONAL CONFLICTS OF INTEREST: PRECLUSION FROM IMPLEMENTATION

CONTRACT (DESIGN/IMPLEMENT) 85

H.18 ORGANIZATIONAL CONFLICTS OF INTEREST: PRECLUSION FROM IMPLEMENTATION

CONTRACT (DESIGN/IMPLEMENT) (TASK ORDER CLAUSE) 85

H.19 SECURITY CLEARANCE 85

H.20 INFORMATION SYSTEM SECURITY 87

H.21 SUBMISSION OF DATASETS TO THE DEVELOPMENT DATA LIBRARY (DDL) (OCTOBER

2014) 88

H.22 COMPLIANCE WITH SECTION 508 OF THE REHABILITATION ACT OF 1973, AS AMENDED

H.23 BUSINESS CLASS TRAVEL 90

H.24 INCORPORATION OF ADDITIONAL TERMS AND CONDITIONS AT THE TASK ORDER

LEVEL 90

H.25 LAWS AND REGULATIONS 90

H.26 LICENSES, BONDS, AND PERMITS 90

H.27 DAMAGE TO PERSONS OR PROPERTY 91

H.28 CONTRACTOR STAFFING PRACTICES AND EMPLOYEE CONDUCT 91

H.29 STANDARDS OF CONDUCT AT GOVERNMENT INSTALLATIONS 95

H.30 CONTRACTOR PERSONNEL 97

H.31 BUY-IN/FIELD SUPPORT FUNDING FOR TASK ORDERS 98

H.32 SAFEGUARDING INFORMATION 98

H.33 DOCUMENT CONTROL 98

H.34 EMERGENCY PERSONNEL 99

H.35 GOVERNMENT-FURNISHED DATA 99

H.36 GOVERNMENT-FURNISHED PROPERTY (GFP) 100

H.37 INSURANCE REQUIREMENTS 100

H.38 CHANGES TO TEAMING ARRANGEMENTS/JOINT VENTURES 101

H.39 PROPRIETARY SOLUTIONS 101

H.40 CONTRACTOR COMMITMENTS, WARRANTIES, AND REPRESENTATIONS 102

H.41 SUBCONTRACTING REPORT (OTHER THAN US SMALL BUSINESSES ONLY) 102

H.42 FAR PART 4.21 PROHIBITION ON CONTRACTING FOR CERTAIN COVERED

TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (Section 889) (December 2021) 103

SECTION I – CONTRACT CLAUSES 104

I.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED 104

I.2 AIDAR SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (MAR 2015) 110

I.3 52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS

(NOV 2021) 112

I.4 52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021) 114

I.5 52.216-18 ORDERING (AUG 2020) 118

I.6 52.216-22 INDEFINITE QUANTITY (OCT 1995) 118

I.7 52.217-2 CANCELLATION UNDER MULTI-YEAR CONTRACTS (OCT 1997) 119

I.8 52.217-8 - OPTION TO EXTEND SERVICES (NOV 1999) 121

I.9 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) 121

I.10 52.222-50 COMBATING TRAFFICKING IN PERSONS (NOV 2021) 121

I.11 AIDAR 722.170 EMPLOYMENT OF THIRD COUNTRY NATIONALS (TCN'S) AND

COOPERATING COUNTRY NATIONALS (CCN'S) 131

I.12 AIDAR 731.205-46 TRAVEL COSTS 132

I.13 AIDAR 752.228-3 WORKER'S COMPENSATION INSURANCE (DEFENSE BASE ACT) (DEC

1991) [(DEVIATION JUN 2022)] 132

I.14 AIDAR 752.229-71 REPORTING OF FOREIGN TAXES (JULY 2007) 133

I.15 AIDAR 752.231-71 SALARY SUPPLEMENTS FOR HOST GOVERNMENT EMPLOYEES (MAR

2015) 134

I.16 AIDAR 752.245-70 GOVERNMENT PROPERTY—USAID REPORTING REQUIREMENTS

(OCT 2017) 134

I.17 AIDAR 752.245-71 TITLE TO AND CARE OF PROPERTY (APR 1984) 137

I.18 AIDAR 752.7008 USE OF GOVERNMENT FACILITIES OR PERSONNEL (APR 1984) 137

I.19 AIDAR 752.7025 APPROVALS (APR 1984) 138

I.20 AIDAR 752.7028 DIFFERENTIALS AND ALLOWANCES (JULY 1996) 138

SECTION J – LIST OF ATTACHMENTS 141

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

RESPONDENTS 142

K.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE 142

K.2 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAY 2022) 143

K.3 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND

VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021) 148

K.4 52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (AUG 2020) 151

K.5 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018) 153

K.6 52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX

LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016) 155

K.7 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES-REPRESENTATION (OCT

2020) 156

K.8 52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (OCT 2022) [DEVIATION (JAN

2023)] 156

K.9 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (OCT 2022)

K.10 52.222-22 PREVIOUS CONTRACTS AND COMPLIANCE REPORTS (FEB 1999) 164

K.11 52.222-25 AFFIRMATIVE ACTION COMPLIANCE (APR 1984) 164

K.12 52.225-20 PROHIBITION ON CONDUCTING RESTRICTED BUSINESS OPERATIONS IN

SUDAN-CERTIFICATION (AUG 2009) 164

K.13 52.227-15 REPRESENTATION OF LIMITED RIGHTS DATA AND RESTRICTED COMPUTER

SOFTWARE (DEC 2007) 165

K.14 52.230-1 COST ACCOUNTING STANDARDS NOTICES AND CERTIFICATION (JUN 2020)

K.15 52.230-7 PROPOSAL DISCLOSURE-COST ACCOUNTING PRACTICE CHANGES (APR 2005)

K.16 INSURANCE – IMMUNITY FROM TORT LIABILITY 170

K.17 AUTHORIZED NEGOTIATORS 170

K.18 AGREEMENT ON, OR EXEMPTION TO, TERMS AND CONDITIONS 170

K.19 UNIQUE ENTITY IDENTIFIER (UEI) NUMBER 170

K.20 CONTRACTOR PURCHASING SYSTEM REVIEW 170

K.21 PROPERTY ADMINISTRATION SYSTEM REVIEW 170

K.22 SIGNATURE 170

SECTION L – INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS OR RESPONDENTS 172

L.1 NOTICE LISTING SOLICITATION PROVISIONS INCORPORATED BY REFERENCE 172

L.2 APPLICABLE FAR AND AIDAR PROVISIONS INCORPORATED IN FULL TEXT 172

L.3 PROPOSAL SUBMISSION INSTRUCTIONS 173

L.4 PERIOD OF ACCEPTANCE OF OFFERS 175

L.5 MULTIPLE PROPOSALS/ALTERNATIVE SOLUTIONS 175

L.6 NUMBER OF CONTRACTS TO BE AWARDED 175

L.7 OFFERS IN ENGLISH LANGUAGE 175

L.8 CURRENCY OF OFFERS 175

L.9 COMMUNICATIONS CONCERNING THE SOLICITATION 176

L.10 QUESTIONS REGARDING THE SOLICITATION 176

L.11 PRE-PROPOSAL CONFERENCE 176

L.12 DISCREPANCIES 176

L.13 PROPOSAL SCHEDULE 177

L.14 SUBMISSION OF OFFERS 177

L.15 PROPOSAL PREPARATION INSTRUCTIONS – GENERAL 177

L.16 PROPOSAL PREPARATION INSTRUCTIONS - VOLUME SPECIFIC 181

L.17 NOTICE OF CHANGES 198

SECTION M – EVALUATION FACTORS FOR AWARD 199

M.1 BASIS FOR CONTRACT AWARD 199

M.2 NUMBER OF CONTRACTS TO BE AWARDED 199

M.3 COMPLIANCE WITH SOLICITATION REQUIREMENTS, TERMS AND CONDITIONS 199

M.4 USE OF SUPPORTING INFORMATION 200

M.5 PRE-AWARD SURVEY 200

M.6 SOLICITATION AMENDMENTS 200

M.7 DISCUSSIONS 200

M.8 DEBRIEFINGS 201

M.9 DETERMINATION OF RESPONSIBILITY 201

M.10 EVALUATION FACTORS 201

M.11 EVALUATION RATINGS 206

M.12 FACTOR 6: PRICE EVALUATION 210

M.13 NOTICE OF AWARD 211

SECTION A – SOLICITATION / CONTRACT FORM

Standard Form (SF) 33 will be provided when formal RFP is issued. The dates for clauses and provisions will be those in effect at the time the formal RFP is issued.

[END OF SECTION A]

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

Disclaimer: The nature of projects to be awarded under this contract is broad. Specific requirements will be conveyed at the task order level. The Government expects awardees to remain flexible and adaptive to meeting USAID requirements. Contractors are reminded that this is a multiple-award IDIQ contract. As such, task orders under this mechanism will be competitive, to the maximum extent practicable, unless one of the Small Business reserve requirements under FAR 19.504(c) is utilized or, an exception to fair opportunity procedures is approved, for each task order over the micro-purchase threshold (i.e., currently $10,000 USD).

Awardees are not guaranteed anything other than the minimum contract quantity described in Section B.2 below. Due to budgetary and program uncertainties, the size or number of orders to be issued under these contracts cannot be reliably estimated.

B.1 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 both commercial and non-commercial items (including both services and supplies).

c) The Government anticipates awarding up to ten (10) contracts under this IDIQ, up to four

(4) of which shall be contract awards reserved for any Small Business under FAR 19.000(a)(3). Up to six (6) awards shall be for other than Small Businesses. The Agency reserves the right to award more or less awards than anticipated, or to make no award.

d) The Small Business reserve is in accordance with FAR 19.503.

e) 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 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.”)

f) The Government reserves the right to issue task orders utilizing any of the contract types, or a combination thereof, authorized by FAR part 16 (Types of Contracts).

g) 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.

h) This is a non-personal services contract, as defined in FAR 37.101. Inherently governmental functions, as described in FAR 7.503 or by the ordering agency, are prohibited under this contract. The Government will neither supervise contractor employees nor control the method by which the contractor performs the required tasks. The contractor shall manage its employees and guard against any actions that are of the nature of personal services or give the perception of personal services. The contractor shall notify the Contracting Officer (CO) immediately if they perceive any actions constitute personal services. This contract shall not be used to perform any inherently governmental functions.

B.2 MINIMUM AND MAXIMUM CONTRACT QUANTITIES

The minimum quantity will be $10,000 per IDIQ contract. The minimum quantity shall be considered satisfied when the Contractor receives $10,000 in task order awards during the life of the IDIQ contract. The exercise of a contract option or extension period does not re-establish the minimum quantity. If, at the end of its contract period of performance the Contractor has not received task order work valued over $10,000, the Contractor has a maximum of 60 calendar days after the expiration of its contract, or termination for the Government’s convenience, to request the minimum quantity in writing (addressed to the Contracting Officer). Termination for cause eliminates the Contractor’s entitlement to the minimum quantity. There is no guarantee on the number of task orders that the successful contractors will receive or the amount of money beyond the minimum quantity set forth in this section.

The maximum aggregate dollar value of task orders awarded to all contractors must not exceed the contract ceiling of $800,000,000.00 USD. This ceiling is not being subdivided among the number of awardees nor is it being multiplied by the number of awardees.

B.3 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) and the time portion of time-and-materials arrangements, and when negotiating the fixed price under fixed-price arrangements. For any cost-type task orders, the TOCO will negotiate individual salaries on a case-by-case basis based upon market value and an individual's qualifications and experience.

b) The fully-loaded hourly labor rates for the contractor and major subcontractors is set forth in Attachment J.X [To be inserted at time of award].

c) The labor category descriptions for each labor category identified in Attachment J.X [To be inserted at time of award] are found in Attachment J.X. The negotiated NTE fully-loaded hourly labor rates apply not only when the labor category performs normally under a 40-hour normal workweek, but also when the labor category performs on temporary assignment under a different normal workweek.

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

e) The negotiated NTE fully loaded hourly labor rates are in U.S. dollars.

f) 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.”

The following designations apply as follows:

“US”: Such individuals have legal status to work in the United States of America (e.g., United States citizen, United States resident alien, and individual with permit showing authorization to work in the United States)

“ES”: Local National (Host-Country National) individuals who have legal status to work in El Salvador (e.g., citizen or permanent resident of the country where task order performance occurs).

“G”: Local National (Host-Country National) individuals who have legal status to work in Guatemala (e.g., citizen or permanent resident of the country where task order performance occurs).

“H”: Local National (Host-Country National) individuals who have legal status to work in Honduras (e.g., citizen or permanent resident of the country where task order performance occurs).

“M”: Local National (Host-Country National) individuals who have legal status to work in Mexico (e.g., citizen or permanent resident of the country where task order performance occurs).

g) Labor rates for any third country nationals (TCNs) will be solicited and negotiated at the task order level. A TCN is an individual who:

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

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

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

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

Any other costs that are part of the Contractor’s established compensation plan and consistent with FAR part 31 shall be allocated separately as an ODC (other direct cost) (under fixed-price and cost-reimbursement arrangements) or as a direct material under time-and-materials arrangements at the task order level. Examples of such costs, if applicable, that shall be allocated separately as an ODC or Material, are post hardship differential pay and danger pay.

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 labor categories and discounted fully loaded hourly rates 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 hours.

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

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

o) The negotiated NTE fully-loaded hourly labor rates apply only to the labor categories specified in Attachment J.X [To be inserted at time of award]. Any additional labor categories will be specified, and their associated labor rates will be solicited and negotiated, at the task order level. Additional labor categories and associated labor rates awarded for an individual task order will apply only to that task order, unless additionally negotiated into the contract.

p) For labor-hour arrangements and the time portion of time-and-materials arrangements, the Government will pay the awarded fixed fully-loaded hourly labor rate minus 5 - 10% attributable to profit for those hours the Contractor incurs when replacing or correcting services or materials [reference FAR 52.246-6 (Inspection – Time-and-Material and Labor-Hour)].

B.4 PROVISIONAL BILLING INDIRECT COST RATES

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

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

Indirect Cost Rate Description

Negotiated Provisional Billing Indirect Cost Rate

Allocation Base

Contractor Fiscal Year Period

To be inserted prior to award

To be inserted prior to award

To be inserted prior to award

To be inserted prior to award

c) The Contractor may recover, if consistent with FAR subpart 31.2 and the Contractor’s established cost accounting practices, allowable indirect costs.

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

e) The Contractor shall be reimbursed:

● only the indirect cost rate descriptions identified in the table unless prior written approval was obtained by the Contractor’s cognizant Federal agency official (CFAO);

and

● 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, negotiation of provisional billing indirect cost rates and establishment of ceiling indirect cost rates associated with such description will occur after the CFAO has issued their prior written approval of such description. In such a case, the ceiling indirect cost rates shall not exceed 10% of the respective provisional billing indirect cost rates (e.g. provisional rate of 5.0%, ceiling rate shall not exceed 5.5%).

g) If any revised billing indirect cost rate or final indirect cost rate(s) established by the Contractor’s CFAO exceeds their contract’s respective ceiling indirect cost rate (see Section B.5), 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.

B.5 CEILING INDIRECT COST RATES

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

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

Description

Negotiated Ceiling

Allocation Base

Contractor Fiscal Year Period

To be inserted prior to award

To be inserted prior to award

To be inserted prior to award

To be inserted prior to award

c) The negotiated ceiling indirect cost rates will be compared to the respective established final indirect cost rates, and the Government shall pay the lesser of the negotiated ceiling indirect cost rates and the respective established final indirect cost rates. See Section B.4 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.6 TRAVEL COSTS

Note: Travel defined under this Section are for Time and Materials, Labor Hour and Firm Fixed Price Task or Delivery Orders. For any anticipated Orders issued on a Cost- Reimbursable basis, please refer to AIDAR 752.7002, Travel and Transportation.

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

b) Except as otherwise provided herein, the Contractor shall be paid its allowable travel costs in accordance with FAR 31.205-46 (Travel Costs). The Contractor shall seek the most economical means of travel available whenever travel is required.

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:

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

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

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

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

ii. One in which the employee departs at the end of their normal workday from their local place of performance (official duty station).

An example is an employee having to attend an all-morning local meeting and returning afterwards to their local place of performance (official duty station).

https://www.acquisition.gov/aidar/752.7002-travel-and-transportation.

Payment for time associated with going to or from the employee’s local place of performance (official duty station) to a site other than the employee’s local place of performance (official duty station) is generally allowable as long as such time is counted as part of the employee’s normal workday.

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

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 General Services Administration (GSA).

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

i. such rentals are consistent with good business practice

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

iii. 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.

iv. reasonable associated costs, such as gasoline, economy (standard) tolls and economy (standard) 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:

i. The Contractor shall be responsible for ensuring that all personnel who will be required to travel outside of 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.

ii. The Contractor shall ensure all personnel traveling 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).

iii. The Contractor shall be responsible for obtaining any visas required for travel to foreign countries under this contract. The Contractor shall also be responsible for obtaining any visas required for travel to foreign countries and the United States for local nationals and third country nationals under this contract.

iv. 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.

v. The Government will not reimburse the Contractor for travel expenses when travel is canceled or modified as a result of the Contractor’s failure to obtain a visa or failure to comply with other mandated travel requirements, and where the Government has determined that such failure is due to the action or inaction of the Contractor.

vi. 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.

j) Costs for travel that has been modified or canceled are not allowable unless such modification or cancellation was caused by the Government or otherwise beyond the control of the Contractor.

k) Pursuant to FAR 47.402, 47.403, and the Fly America Act, the Contractor shall use a U.S.-flag air carrier service unless an exception exists. If such conditions exist under a fixed-price arrangement (i.e., task order or line item in a task order), the Contractor shall submit with its task order proposal a memorandum explaining why it does not intend to use a U.S.-flag air carrier service. Inclusion of such costs in the awarded fixed-price is contingent upon Government acceptance of such explanation.

If such conditions exist under arrangements when payment is made based on actual costs incurred (e.g., cost-reimbursement arrangements, materials portion of time-and-materials arrangements, and progress payments based on costs under fixed-price arrangements), the Contractor shall submit with its voucher a memorandum explaining why it did not use a U.S.-flag air carrier service. Reimbursement is contingent upon Government acceptance of such explanation.

B.7 POST HARDSHIP DIFFERENTIAL PAY AND DANGER PAY

Note: Differential and Allowances defined under this Section are for Time and Materials, Labor Hour and Firm Fixed Price Task or Delivery Orders. For any anticipated Orders issued on a Cost-Reimbursable basis, please refer to AIDAR 752.7028, Differential and Allowances.

Post Hardship Differential Pay and Danger Pay, which are forms of incentive compensation, will be generally allowable and allocated separately as an ODC (other direct cost) or direct material at the task order level. However, Government payment of such costs is contingent on the Contractor meeting all of the following 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.

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:

i. whose country of citizenship is not in the task order place of performance; and

ii. 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.

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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:

i. benefit the task order; and/or

ii. 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. A normal workweek is defined in Section B.3.

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., cost-reimbursement arrangements, materials portion of time-and-materials arrangements, and progress payments based on costs under fixed-price arrangements).

n) An eligible employee may receive Post Hardship Differential Pay and Danger Pay during paid time off only when the employee takes paid time off in the task order place of performance or in another Post Hardship Differential Pay and Danger Pay area, respectively.

o) When an eligible employee takes paid time off in another Post Hardship Differential Pay and/or Danger Pay area, payment will be based on the applicable DSSR percentage(s) for the task order place of performance.

p) Payment of Post Hardship Differential Pay for an eligible employee will not commence until the eligible employee has served 42 calendar days in the task order place of performance. Payment will commence on the first productive or non-productive day after day 42, and will not be retroactive to days previously served unless paragraph “q” immediately below applies. The 42 calendar days are not required to be consecutive, and “served” consists of productive time, paid time off, and time otherwise spent in the task order place of 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 and Iraq 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.8 OVERTIME

a) The Contractor agrees to perform this contract, so far as practicable, without using overtime, particularly as a regular employment practice, except when lower overall costs to the Government will result or when it is necessary to meet urgent program needs [reference FAR 22.103-2 (Overtime – Policy)].

b) Overtime is defined as time worked in excess of the number of hours in a normal workweek.

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

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

e) “Travel time hours” consist of hours spent by the employee traveling to or from authorized work locations. See Section B.6 for further information.

f) A normal workweek is defined in Section B.3.

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

h) The following applies to cost-reimbursement arrangements and the materials portion of time-and-materials arrangements (task orders or line items in a task order):

i. Government payment for overtime must be authorized in advance of any Contractor employee’s performance of overtime and in writing by the Contracting Officer when the Contractor requests an overtime premium cost that exceeds $0.00. Such request shall be submitted in writing to the Contracting Officer and shall address each item under FAR 52.222-2(b) (Payment for Overtime Premiums).

ii. Evidence showing the Contracting Officer’s approval shall be sent with each invoice on which overtime containing a premium cost that exceeds $0.00 is being billed.

iii. Advance Government authorization for any Contractor employee’s performance of overtime is not required when the overtime premium cost does not exceed $0.00.

iv. Unless advance authorization has been granted pursuant to Section B.9(h)(1), any Government payment for Contractor employee overtime will be made at the actual incurred straight-time hourly labor rate that the Contractor pays the Contractor employee and determined allowable by the Contracting Officer, pursuant to FAR 31.201-2 (Determining Allowability).

v. Government payment for overtime must not conflict with any Contractor uncompensated overtime policy or practice. If the Contractor has such a policy or practice, the Government will not compensate the Contractor for overtime costs in accordance with such policy or practice.

i) The following applies to labor-hour arrangements and the time portion of time-and-materials arrangements (task orders or line items in a task order):

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

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

iii. Government payment of overtime will be made only if the Contractor compensates the Contractor employee for the employee’s overtime performance. Contractor payment for each overtime hour shall be, at a minimum, at the hourly labor rate that the employee normally receives for normal workweek performance.

B.9 SELECTED COST/PRICE-RELATED LAWS

a) This contract is not subject to the Service Contract Labor Standards statute (41 U.S.C.

Chapter 67), because the principal purpose of the contract is not to furnish services in the United States through the use of service employees.

b) The Truthful Cost or Pricing Data statute (41 U.S.C. Chapter 35) did not apply for award of this contract. The Government did not require and rely upon certified cost or pricing data, as described in FAR subpart 15.4, for award of the contract because adequate price competition had been obtained. Instead, where applicable, the Government required and relied upon data other than certified cost or pricing data.

However, the Truthful Cost or Pricing Data statute may apply during contract performance when the Government contemplates an action for which an exception to the Contractor providing certified cost or pricing data does not apply (e.g., when negotiating a price estimated to exceed the certified cost or pricing data threshold for a new non-competitive task order, modification of a task order, or modification of the contract based on rate/cost/price information not previously negotiated in the contract or task order).

Pursuant to FAR 15.403-4(a)(1), the “threshold specified in the contract” for requiring the Contractor to provide certified cost or pricing data, when applicable, during contract performance is the threshold identified in the FAR edition, or any approved USAID Deviation, effective at the time of the Government requiring the Contractor to provide certified cost or pricing data.

B.10 ADVANCE UNDERSTANDING

a) At the task order level, when payment is made based on actual hours or costs incurred (e.g., cost-reimbursement arrangements, time-and-materials arrangements, and progress payments based on costs under firm-fixed-price arrangements), the Government will not reimburse costs for cost elements for which there were no estimated costs. Exceptions must be issued in writing by the Contracting Officer.

b) The negotiated prices for each task order shall include all costs associated with local laws. If a change in a local law(s) or new local law(s) occurs after task order award, the Government will consider a request for equitable adjustment.

Any adjustment will be limited to reflect the Contractor’s actual increase or decrease in applicable wages and other costs to the extent that the increase is made to comply with the changed or new local law(s), or the decrease is voluntarily made by the Contractor while complying with the changed or new local law(s), respectively.

For example, the prior year local law required a minimum wage rate of $4.00 per hour.

The Contractor chose to pay $4.10 per hour. The changed local law increases the minimum rate to $4.50 per hour. Even if the Contractor voluntarily increases the rate to $4.75 per hour, the allowable price adjustment is $.40 per hour ($4.50 minus $4.10).

c) While compensation costs and compensation-related taxes that are a liability of the Contractor are generally allowable, income taxes on compensation costs are unallowable when such taxes are a liability of the employee and not the Contractor.

When a host country’s law(s) requires the Contractor to pay applicable host entities any income taxes that are the liability of the employee, the Contractor’s costs to administer such payment are generally allowable.

d) Where indirect cost rates are negotiated in the contract, such information will be used in each resulting task order, as specified in the contract, according to the Contractor’s fiscal year period.

e) Where labor rates are negotiated in the contract, such information will be used in each resulting task order, as specified in the contract, according to the contract’s effective period.

For example, if Contract Year 1 is March 1, 2023 through February 29, 2024, and Task Order Year 1 is July 1, 2023 through June 30, 2024, Contract Year 1’s pricing information will be used in the task order from July 1, 2023 through February 29, 2024, and Contract Year 2’s pricing information will be used for the remainder of Task Order Year 1 (from March 1, 2024 through June 30, 2025).

Consistent with the foregoing and for example, the Contractor, for a given task order period, may apply either: 1) the NTE or a discounted NTE fully-loaded hourly labor rate from the first contract period that covers the applicable task order period, and the second NTE or a discounted NTE fully-loaded hourly labor rate from the next contract period that covers the remaining applicable task order period; or 2) the NTE or a discounted NTE fully-loaded hourly labor rate from either contract period, but such rate shall not exceed both respective contract period’s NTE fully-loaded hourly labor rates.

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

g) Task orders awarded under this contract will support foreign assistance projects under the Foreign Assistance Act of 1961 (Public Law 87-195). The Contractor shall not pay any taxes, import, or customs fees to the government of the host nation or aid receiving nation(s). As appropriate, USAID Missions concerned may assist in customs or other official clearances of contractor-acquired items and associated equipment for duty-free status. If taxes, import, or customs fees cannot be mitigated, the Contractor shall request directions from the Contracting Officer.

The Contractor shall be…