B- SAQMMA12R0012 A002 Sections B-M May1.pdf

Department of State SAQMMA-12-R-0012-A002 Baghdad Embassy Compound Request for Proposal O&M Support Services

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SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 OVERVIEW

The Department of State (DOS), United States (US) Embassy in Baghdad, Iraq located in the

International Zone requires the Contractor to provide operations and maintenance (O&M) services to all systems, facilities and others as necessary in accordance with the Statement of

Work in Section C.

In addition, the contract requirements may include O&M services for other future U.S.

Government sites within the country of Iraq as listed but not limited to the below regional area sites:

Erbil and associated sites, Kirkuk, and Tikrit in the northern region;

Baghdad Diplomatic Support Center, Baghdad International Airport; Shield; Besmayah;

Union III (International Zone), Taji, Prosperity (International Zone) in the central region;

Basrah, and Umm Qasr in the southern region

B.2 TYPE OF CONTRACT

This is an indefinite-delivery, indefinite-quantity (IDIQ) contract, as defined in FAR 16.504

(Indefinite-Quantity Contracts), for non-commercial items. Contract types for the individual task orders will fall under one or more of the following, depending on the type, complexity, and urgency of the task order requirement: fixed-price, cost-reimbursement, labor-hour, and/or time-and-materials. If a task order will be performance-based, its requirements will be conveyed and administered at the task order level.

B.3 MINIMUM AND MAXIMUM QUANTITIES

a) The Government, through the issuance of task order(s) or otherwise, shall pay a one-time minimum quantity of $100,000 (inclusive of all direct costs, indirect costs, and profit/fee) within the contract’s five-year period of performance (base year plus four option years).

b) The maximum quantity for the contract’s five-year period of performance (base year plus four option years) shall be any quantity or combination of supplies and services not exceeding

$2,000,000,000 (inclusive of all direct costs, indirect costs, and profit/fee).

B.4 CLIN STRUCTURE (FUNDING)

a) The contract will be funded pursuant to the following CLIN (contract line item number) structure:

CLIN Description

X001 Minimum Quantity

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X002 Price (fixed-price)

X003 Price (labor-hour and time-and-materials)

X004 Direct and Indirect Costs (cost-reimbursement)

X005 Fee (e.g., cost-plus-fixed-fee)

b) CLIN X001 will be funded at the contract level, and CLINs X002–X005 will be funded at the task order level.

c) The dollar amounts listed under CLINS X001 through X005 will represent obligated/allotted dollars.

B.5 SUB-CLIN STRUCTURE (ESTIMATING AND BILLING)

a) Under each applicable CLIN, the Contractor will use sub-CLINs exclusively for estimating and billing purposes at the task order level.

b) The following is the first-tier list of sub-CLINs:

Sub-CLIN Description Reference

X00XA Transition Sections B.6, C.2.G.1, and

C.2.G.2

X00XB Operations and Maintenance Services

Sections B.7 and C, excluding

C.2.G.1 through C.2.G.3 and items marked ―optional‖

X00XC Operations and Maintenance Supplies

Sections B.8 and C, excluding

C.2.G.1 through C.2.G.3 and items marked ―optional‖

X00XD Program Management Office Sections B.9, H.63 (Program

Management), and H.64(g)

c) The sub-CLIN, for each tier, is broken down as follows:

st identifier = contract year nd identifier = static digit rd identifier = static digit th identifier = last digit of CLIN th identifier = sub-CLIN cost element th identifier (if applicable) = continuation of sub-CLIN cost element th identifier (if applicable) = continuation of sub-CLIN cost element th identifier (if applicable) = continuation of sub-CLIN cost element

For instance, sub-CLIN 0004A will be used when Transition performance is required during the base year under a cost-reimbursement arrangement (i.e., task order or line item in a task order).

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B.6 TRANSITION

a) All costs associated with Transition will be allocated to the following sub-CLINs under sub-

CLIN X00XA:

Sub-CLIN X00XA1: Services

Sub-CLIN X00XA2: Supplies

Sub-CLIN X00XA2A: Travel

b) Each direct labor category and its costs collectively will be assigned a distinct sub-CLIN

(i.e., X00XA1A, X00XA1B, etc.) at the task order level.

c) For a given direct labor category, Post Hardship Differential Pay (if applicable – see Section

B.14), Danger Pay (if applicable – see Section B.14), and DBA Insurance (see Section B.15) costs, in addition to other costs, shall each be allocated on a separate line item under the labor category’s distinct sub-CLIN.

d) Each additional supply will be assigned a distinct sub-CLIN (i.e., X00XA2B, X00XA2C, etc.) at the task order level.

e) Services’ costs are defined as "costs for direct labor activities, as required under Section

C.2.G.1."

f) Supplies’ costs are defined as "direct non-labor costs/other direct costs (ODCs) and costs for materials [as defined in FAR 52.232-7(b)(1)(ii)(A), (B), and (C) (Payments under Time-and-

Materials and Labor-Hour Contracts)], as required under Sections C.2.G.1 and C.2.G.2."

g) Normal workweeks are described in Section B.7.

h) Payment under the different contract types is described in Sections B.7 and B.8.

B.7 OPERATIONS AND MAINTENANCE SERVICES

a) This section applies when the Contractor proposes and the Government awards the fixed-price under fixed-price arrangements (i.e., task orders or line items in a task order).

b) The following table displays, under sub-CLIN X00XB, the negotiated firm-fixed-unit-prices for Operations and Maintenance Services for the respective facilities:

Sub-

CLIN

Description

Base

Year

Option

Year 1

Option

Year 2

Option

Year 3

Option

Year 4

X00XB1

Single Story Apartment

Building

X00XB2 2 Story Apartment Building

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X00XB3 3 Story Apartment Building

X00XB4 4 Story Apartment Building

X00XB5 5 Story Apartment Building

X00XB6

Single Family Detached

X00XB7 Single Story Office Building

X00XB8 2 Story Office Building

X00XB9

2 Story Office Building

(Classified)

X00XB10 3 Story Office Building

X00XB11

3 Story Office Building

X00XB12 4 Story Office Building

X00XB13

4 Story Office Building

X00XB14

Compound Access Control

X00XB15 30 foot Guard Tower

X00XB16 Dog Kennel

X00XB17

Reverse Osmosis Water

Treatment Plant

X00XB18

Waste Water Treatment

X00XB19 Power Plant

X00XB20 Warehouse

X00XB21 Dining Facility

X00XB22

Single Story Medical Urgent

Care Center

X00XB23 Fire Station

X00XB24

Vehicle Garage Maintenance

Shops

X00XB25 Telephone Exchange Building

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X00XB26 Parking Lot

X00XB27 Roads

X00XB28 Helipad

X00XB29 Landscaped Ground

X00XB30 Recreation Center

X00XB31 Outdoor Pool Facility

X00XB32 Sports fields

X00XB33 Tennis Court

X00XB34 Basketball Court

X00XB35 Gymnasium

X00XB36 Fuel Farm

X00XB37 Self-Service Car Wash Station

X00XB38 Laundry

X00XB39 CHUs dry

X00XB40 CHUs wet

c) The negotiated firm-fixed-unit-prices are in United States currency.

d) Each negotiated firm-fixed-unit-price is based on all direct labor requirements described in

Section C, excluding Transition, as described in Section C.2.G.1, and items marked

―optional.‖

e) Each negotiated firm-fixed-unit-price consists of all applicable personnel (excluding program management personnel) taxable direct compensation costs (e.g., unloaded labor, bonus, Post

Hardship Differential Pay, and Danger Pay costs), fringe benefits costs (if not included in applicable indirect costs), DBA Insurance costs, applicable indirect costs, and profit. No other costs are included. Program management costs will be separately captured in a task order.

f) The unit of measure of each negotiated firm-fixed-unit-price is ―square meter (m ) per month.‖

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g) The negotiated firm-fixed-unit-prices apply to a normal workweek of 40 or 60 hours for

Contractor and subcontractor employees.

1. The Government defines a normal workweek as:

40 hours when performance occurs inside the United States

40 hours when performance occurs by an Iraqi National within Iraq

60 hours when performance occurs outside the United States by those who are not

Iraqi Nationals

2. ―United States‖ means ―the 50 States plus the District of Columbia.‖

3. A 40-hour normal workweek consists of 8 hours per day x 5 days per week.

4. A 60-hour normal workweek consists of 10 hours per day x 6 days per week.

h) Any costs included in the negotiated firm-fixed-unit-prices shall not be charged again elsewhere under this contract.

i) At the task order level, the Contractor will be paid only at unit prices that are equal to the respective negotiated firm-fixed-unit-prices.

j) At the task order level, the proposed and awarded fixed-price will reflect the negotiated firm-fixed-unit-price multiplied by the proposed and awarded number of units, respectively.

k) For labor-hour arrangements and the time portion of time-and-materials arrangements, the

Contractor will propose and the Government will award fixed fully-loaded hourly labor rates for each specified labor category. The Government will pay such rates multiplied by the actual incurred hours that the Contracting Officer determines allowable, pursuant to FAR

52.232-7 (Payments under Time-and-Materials and Labor-Hour Contracts).

l) For direct labor costs 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

Government will pay the actual incurred unloaded hourly labor rates multiplied by the actual incurred hours, subject to the Contracting Officer’s allowability determination, pursuant to

FAR 31.201-2 (Determining Allowability).

m) Government payment of indirect costs under cost-reimbursement arrangements, materials portion of time-and-materials arrangements, and progress payments based on costs under fixed-price arrangements is described in Sections B.11 and B.12.

n) For labor-hour arrangements and the time portion of time-and-materials arrangements, all costs associated with Operations and Maintenance Services will be allocated to the following sub-CLIN under sub-CLIN X00XB:

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Sub-CLIN X00XB1: Services

Each direct labor category and its fixed fully-loaded hourly labor rate(s) collectively will be assigned a distinct sub-CLIN (i.e., X00XB1A, X00XB1B, etc.) at the task order level.

Post Hardship Differential Pay (if applicable – see Section B.14), Danger Pay (if applicable – see Section B.14), and DBA Insurance (see Section B.15) costs, in addition to other costs, shall each be allocated on a separate line item as part of the build-up of the fixed fully-loaded hourly labor rate(s).

o) 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), all costs associated with

Operations and Maintenance Services will be allocated to the following sub-CLIN under sub-

CLIN X00XB:

Sub-CLIN X00XB1: Services

Each direct labor category and its costs collectively will be assigned a distinct sub-CLIN

(i.e., X00XB1A, X00XB1B, etc.) at the task order level.

For a given direct labor category, Post Hardship Differential Pay (if applicable – see Section

B.8 OPERATIONS AND MAINTENANCE SUPPLIES

a) For purposes of this contract, supplies’ costs are defined as "direct non-labor costs/other direct costs (ODCs) and costs for materials [as defined in FAR 52.232-7(b)(1)(ii)(A), (B), and (C) (Payments under Time-and-Materials and Labor-Hour Contracts)]."

b) Supplies’ costs and their associated indirect costs will be proposed and awarded at the task order level.

c) For supplies’ costs 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

Government will pay the actual incurred costs that the Contracting Officer determines allowable, pursuant to FAR 31.201-2 (Determining Allowability).

d) Government payment of indirect costs under cost-reimbursement arrangements, materials portion of time-and-materials arrangements, and progress payments based on costs under fixed-price arrangements is described in Sections B.11 and B.12.

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f) All costs associated with Operations and Maintenance Supplies will be allocated to the following sub-CLINs under sub-CLIN X00XC:

Sub-CLIN X00XC1: Power Plant Overhaul Parts

Sub-CLIN X00XC2: HVAC Filters

Sub-CLIN X00XC3: Travel

Each additional supply will be assigned a distinct sub-CLIN (i.e., X00XC4, X00XC5, etc.) at the task order level.

B.9 PROGRAM MANAGEMENT OFFICE (PMO)

a) For purposes of this contract, program management office (PMO) costs are defined as ―all direct and indirect costs associated with the contract-specified program manager labor category, and all direct and indirect costs required to manage overall contract performance both in a domestic location and in Iraq.‖

b) Examples of PMO costs are costs that may include:

1. Performing program management at the contract (country-wide) and task order levels;

2. Preparing contract deliverables (invoices, reports, etc.), excluding the Transition Plan;

3. Communicating with the Government about overall contract performance;

4. Preparing and negotiating task order proposals;

5. Preparing and negotiating contract and task order modification proposals;

6. Managing staff working directly on task order(s); and

7. Managing subcontracts.

c) Costs for Contractor staff leading or working on a specific task order, or Contractor staff performing the technical requirements of the contract, are not considered PMO costs.

d) PMO costs will be proposed and awarded at the task order level.

e) All costs associated with PMO will be allocated to the following sub-CLINs under sub-CLIN

X00XD:

Sub-CLIN X00XD1A: Domestic Services

Sub-CLIN X00XD2A: Domestic Supplies

Sub-CLIN X00XD2A1: Travel

Sub-CLIN X00XD1B: Iraq Services

Sub-CLIN X00XD2B: Iraq Supplies

Sub-CLIN X00XD2B1: Travel

f) ―Domestic‖ is defined as the ―United States, which means the 50 States plus the District of

Columbia.‖

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g) For domestic services’ performance, each direct labor category and its costs collectively will be assigned a distinct sub-CLIN (i.e., X00XD1A1, X00XD1A2, etc.) at the task order level.

h) Each additional domestic supply will be assigned a distinct sub-CLIN (i.e., X00XD2A2, X00XD2A3, etc.) at the task order level.

i) For services’ performance in Iraq, each direct labor category and its costs collectively will be assigned a distinct sub-CLIN (i.e., X00XD1B1, X00XD1B2, etc.) at the task order level.

j) Each additional Iraq supply will be assigned a distinct sub-CLIN (i.e., X00XD2B2, X00XD2B3, etc.) at the task order level.

k) For a given direct labor category, Post Hardship Differential Pay (if applicable – see Section

l) Services’ costs are defined as "costs for direct labor activities, as required under Sections

H.63 (Program Management) and H.64(g)."

m) Supplies’ costs are defined as "direct non-labor costs/other direct costs (ODCs) and costs for materials [as defined in FAR 52.232-7(b)(1)(ii)(A), (B), and (C) (Payments under Time-and-

Materials and Labor-Hour Contracts)], as required under Sections H.63 (Program

Management) and H.64(g)."

n) Normal workweeks are described in Section B.7.

o) Payment under the different contract types is described in Sections B.7 and B.8.

B.10 GENERAL PAYMENT INFORMATION

a) At the task order level, the Contractor may be paid for or recover, if consistent with FAR Part

31 and the Contractor’s disclosed cost accounting practices, allowable direct and applicable indirect costs under arrangements when cost analysis is performed and/or under arrangements when the determination, negotiation, or allowance of costs are required by a contract clause (e.g., FAR 52.216-7, FAR 52.232-7, and FAR 52.232-16) (see FAR 31.000).

b) The Contractor may also be paid for applicable indirect costs as part of the awarded fixed-price under competitively-awarded fixed-price task orders.

c) For cost-reimbursement arrangements and the materials portion of time-and-materials arrangements, the Contractor must estimate applicable direct and indirect costs in its task order proposals in order to be eligible to recover such costs after their incurrence after task order award. The Government will not reimburse costs for cost elements for which there are no estimated costs, except under Baghdad Task Order Operations and Maintenance Supplies, FOR OFFICIAL USE ONLY Page 11 whereby the contractor will be permitted to recover all allowable actual incurred costs. Any other exceptions must be issued by the Contracting Officer.

B.11 PROVISIONAL BILLING INDIRECT COST RATES

a) This section applies to cost-reimbursement arrangements (i.e., task orders or line items in a task order), and materials portion of time-and-materials arrangements.

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

Indirect Cost Rate

Negotiated Provisional

Billing Indirect Cost

Rate

Allocation Base

Contractor Fiscal

Year Period

1)

2)

c) The Contractor may recover, if consistent with FAR Part 31 and the Contractor’s disclosed cost accounting practices, allowable indirect costs.

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 the table unless prior written approval was obtained by the Contractor’s cognizant Federal agency official; 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 cognizant Federal agency official.

f) If any revised billing indirect cost rate or final indirect cost rate(s) established by the

Contractor’s cognizant Federal agency official exceeds this contract’s respective ceiling indirect cost rate (see Section B.12), the Contractor shall be reimbursed at the contract’s ceiling indirect cost rate.

g) The Contractor shall make no change to its disclosed method of classifying or allocating indirect costs without the prior written approval of the Contractor’s cognizant Federal agency official.

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

B.12 CEILING INDIRECT COST RATES

a) This section applies to cost-reimbursement arrangements (i.e., task orders or line items in a task order), materials portion of time-and-materials arrangements, and progress payments based on costs under fixed-price arrangements.

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

Negotiated Ceiling

Allocation Base

Contractor Fiscal

Year Period

1)

2)

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.11(f) 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.13 TRAVEL COSTS

a) Travel under this contract is defined as Contractor air and ground transportation, lodging, meals and incidental expenses, travel time, and passport/visa costs.

b) Travel costs shall be allocated accordingly pursuant to Sections B.6(a), B.8(f), and B.9(e).

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

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

e) No travel costs (or associated labor time during travel) shall be allowable for work performed at a Contractor’s local office or any other work site within a 50-miles’ radius of the

Contractor employee’s local place of performance (official duty station).

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

g) Costs when using a privately owned vehicle (POV) for official travel are allowable provided that such costs are reasonable and 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.

h) 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 Internal Revenue Service.

i) 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 are reasonable and 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.

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

j) The Government will pay the Contractor for each Contractor employee’s travel time to or from authorized work locations as long as the following are met:

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

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2. For travel to/from outside the United States, travel time begins no earlier than three (3) 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. ―United States‖ means the 50 States plus the District of Columbia.

4. For travel inside the United States, 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.

5. 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.

6. The Government will not pay more than eight (8) hours per day per Contractor employee for travel time when the employee is traveling inside the United States.

7. The Government will not pay more than 10 hours per day per Contractor employee for travel time when the employee is traveling to/from outside the United States.

8. The Government will not pay for a Contractor employee’s travel time that is outside the employee’s regular working hours during the employee's normal workweek. A normal workweek is defined in Section B.7(g).

9. The Government will not pay for a given hour of a Contractor employee’s travel time more than the actual incurred unloaded hourly labor rate earned during the employee’s normal workweek.

10. 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).

11. ―Productive time hours‖ consist of hours that, other than travel time hours, directly benefit the contract.

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

k) After task order award under a cost-reimbursement arrangement or the materials portion of a time-and-materials arrangement, travel must be authorized in advance by the Contracting

Officer’s Representative or Government Technical Monitor.

l) The following items concern passports and visas:

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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.

5. The Government will not reimburse the Contractor for the use of private visa procurement services provided by a third party.

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 exceeded the control of the Contractor.

n) If work under this contract will be performed at the Government site at the Department of

State main building, 21st and Virginia Avenue, NW, Washington, DC 20520, or other State

Annexes in the metropolitan Washington, DC area, daily commuting time and expenses between the Department of State site and some other location, such as a home office, shall not be allowable under this contract. However, commuting time and expenses between the

Department of State site and some other location, such as a home office, shall be allowable when performing occasional official business (e.g., to attend a meeting at the Department of

State site).

o) Pursuant to FAR 47.402, 47.403, and the Fly America Act, the Contractor shall use a U.S.-flag air carrier service unless specific conditions exist. 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 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

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U.S.-flag air carrier service. Reimbursement is contingent upon Government acceptance of such explanation.

p) The costs of going from post of duty in the host country to the Washington, D.C., area shall be generally allowable when a Contractor employee must interrupt his/her overseas

Temporary Duty (TDY) and return to the U.S. and the Contractor makes a written determination that such travel is necessary due to death, or serious illness or injury of a member of the immediate family of the employee or the immediate family of the employee's spouse. "Serious illness or injury" and "immediate family" are defined in accordance with

Section 699.5 of the Uniform State/AID/USIA Regulations, in effect of the date of such travel. A copy of the written determination shall be furnished to the Contracting Officer.

q) When, for any reason other than emergency medical evacuation (MEDEVAC), the COM determines it is necessary to evacuate the Contractor's employees, these employees’ travel costs from post of duty in the host country to the Washington, D.C. area shall be generally allowable.

r) The COR may also authorize emergency or irregular travel and transportation in other situations, when in his/her opinion, the circumstances warrant such action. In such cases, the

Contractor employees’ travel costs shall be generally allowable.

s) Except as noted above, any costs resulting from a failure of a Contractor's employee to complete his/her assignment because of a personal reason shall not be allowable.

B.14 POST HARDSHIP DIFFERENTIAL PAY AND DANGER PAY

Post Hardship Differential Pay and Danger Pay, which are forms of incentive compensation, will be generally allowable. If applicable, they shall be allocated accordingly pursuant to Sections

B.6(c), B.7(e), B.7(n), B.7(o), and B.9(k). 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 Part 31.

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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.

h) The applicable DSSR percentage used to establish the firm-fixed-unit-prices in Section

B.7(b) is the DSSR percentage effective at the time of contract proposal(s).

i) The applicable DSSR percentage will be the DSSR percentage effective at the time of task order proposal(s) (or later time until task order award, if feasible) when establishing the fixed fully-loaded hourly labor rates under a labor-hour task order or the time portion of a time-and-materials task order.

j) 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 arrangements, and progress payments based on costs under fixed-price arrangements).

k) 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 the overall operation of the business, although a direct relationship to any particular cost objective (e.g., task order) cannot be shown.

l) 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.7(g).

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m) Basic compensation included in the negotiated firm-fixed-unit-prices in Section B.7(b) consists of each eligible employee’s negotiated base salary/unloaded compensation for the contract period of performance.

n) Basic compensation will consist of proposed (or later time until task order award, if feasible) base salary/unloaded compensation for labor-hour arrangements and the time portion of time-and-materials arrangements.

o) 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-progress payments based on costs under fixed-price arrangements).

p) 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.

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.

q) 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 be retroactive to day 1 served unless Iraq is removed from Footnote N in the Post

Classification and Payment Tables in Section 920 of the DSSR (in which case, payment will not be retroactive). 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

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.

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B.15 DEFENSE BASE ACT (DBA) INSURANCE

a) Defense Base Act (DBA) Insurance costs shall be allocated accordingly pursuant to Sections

B.6(c), B.7(e), B.7(n), B.7(o), and B.9(k).

b) If the Contractor does not have a DBA self-insurance program approved by the Department of Labor, the Government will pay the Contractor at the DBA Insurance rates negotiated between the Contractor and the Department of State’s (DOS’) DBA Insurance carrier.

c) If the Contractor has a DBA self-insurance program approved by the Department of Labor, the Government will pay the Contractor at the DBA Insurance rates stipulated in this program. However, the Government will not pay the Contractor at DBA Insurance rates that exceed the rates negotiated between DOS and DOS’ DBA Insurance carrier.

d) Payment will be made only for performance occurring outside the United States of America.

e) Payment will be made only to covered Contractor and subcontractor employees. They are:

United States citizens or residents;

hired in the United States or its possessions, regardless of citizenship; or local nationals and third country nationals where task order performance takes place in a country where there are no local worker’s compensation laws.

f) DBA Insurance costs included in the negotiated firm-fixed-unit-prices in Section B.7(b) reflect each covered employee’s negotiated taxable compensation for the contract period multiplied by the DBA Insurance rate negotiated in the Contractor’s DBA Insurance policy or established in the Contractor’s DOL-approved self-insurance program (not exceeding the rate negotiated between DOS and DOS’ DBA Insurance carrier).

g) DBA Insurance costs included in the proposed and awarded fixed fully-loaded hourly labor rates under a labor-hour task order or the time portion of a time-and-materials task order will reflect each covered employee's proposed and awarded, respectively, taxable compensation multiplied by the DBA Insurance rate negotiated in the Contractor’s DBA Insurance policy or established in the Contractor’s DOL-approved self-insurance program (not to exceed the rate negotiated between DOS and DOS’ DBA Insurance carrier).

h) For arrangements when payment is made based on actual costs incurred (e.g., cost-progress payments based on costs under fixed-price arrangements), Government payment of

DBA Insurance costs will reflect each covered employee’s actual incurred taxable compensation multiplied by the DBA Insurance rate negotiated in the Contractor’s DBA

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Insurance policy or established in the Contractor’s DOL-approved self-insurance program

(not to exceed the rate negotiated between DOS and DOS’ DBA Insurance carrier).

i) The employee’s taxable compensation for the period is:

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

j) ―Taxable compensation‖ is compensation considered by the Internal Revenue Service as gross income for income tax purposes (e.g., Unloaded Labor, Bonus, Post Hardship

Differential Pay, and Danger Pay).

B.16 OVERTIME

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

b) ―Number of hours‖ includes productive time hours, travel time hours, and paid time off hours

(e.g., sick, vacation, holiday).

c) ―Productive time hours‖ consist of hours that, other than travel time hours, directly benefit the contract.

d) ―Travel time hours‖ consist of hours spent by the employee traveling to or from authorized work locations. See Section B.13(j) for further information.

e) A normal workweek is defined in Section B.7(g).

f) Payment for overtime must be authorized in writing by the Contracting Officer and prior to the employee performing any overtime.

g) Payment for overtime must not conflict with any Contractor uncompensated overtime policy or practice.

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

i) For labor-hour arrangements and the time portion of time-and-materials arrangements, any

Government payment for Contracting Officer-authorized-employee overtime will be made at the fixed fully-loaded hourly labor rates negotiated in the task order for normal workweek

j) For cost-reimbursement arrangements and the materials portion of time-and-materials arrangements, any Government payment for Contractor employee overtime will be made at

FOR OFFICIAL USE ONLY Page 21 the actual incurred hourly labor rate that the Contractor pays the Contracting Officer-authorized employee and determined allowable by the Contracting Officer. Such payment will be based on law, regulation, and Contractor policy or practice.

k) A Contracting Officer-authorized employee is a Contractor employee who has been granted permission by the Contracting Officer to work overtime.

l) The Government generally discourages overtime, so the Contractor agrees to use its best efforts to avoid (and when applicable, control) overtime.

B.17 DATA OTHER THAN CERTIFIED COST OR PRICING DATA

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.

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SECTION C – STATEMENT OF WORK

C.1 STATEMENT OF WORK

The Department of State (DOS has a requirement operations and maintenance support services

(OMSS) for the U.S. Embassy in Baghdad, and potentially all U.S. Government (USG) sites within the country of Iraq. Currently, the only known site which requires OMSS is at the

Embassy Compound (EC) in Baghdad, Iraq. The Statement of Work (SOW) for the OMSS EC in Baghdad requirement is furnished in Section J Exhibit B. The OMSS EC SOW may be modified and used in requesting proposals for future task orders. Beyond the EC in Baghdad, potential service expansions may include, but not limited to:

Central Iraq—Prosperity, Union III, Heliport and Olympia (all within the International

Zone); Baghdad Police Academy, Baghdad Diplomatic Support Center (BIAP), Taji, and

Besmaya

Northern Iraq--Kirkuk, Erbil and Tikrit

Southern Iraq -- Basrah and Umn Qasr

The OMSS under this IDIQ contract may cover but not limited to the following systems, facilities and activities described as follows:

Electrical Generation and Distribution;

Heating Ventilation and Air Conditioning (HVAC);

Water Supply, Purification and Distribution;

Fire Alarm and Suppression Systems;

Sanitary Sewer and Waste Water Treatment Plant;

Elevator Maintenance;

Fuel Storage and Distribution for power generators and motor vehicle gas/diesel station;

Refuse and HAZMAT management and removal;

Grounds maintenance, design and installation;

Vehicle maintenance;

Facility/building/structure maintenance to include janitorial services;

Swimming pool maintenance;

Roads, parking lots and sidewalks, cleaning, maintenance and repair;

Structural inspections and repairs;

Satellite television system with studio management, and:

Select U.S. Government-owned commercial appliances used by outside vendors, Laundry facilities and areas, Dry and Wet Containerized Housing Units, Fuel Farm and Delivery, Gymnasium, Basketball Courts, Tennis Courts and other recreational areas

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C.2 BACKGROUND

This is primarily a continuing requirement to provide OMSS for the Department of State/EC in

Baghdad, as follow-on to the current contract. The current contract is scheduled to expire

October 31, 2012.

Since FY 2007, the EC in Baghdad has evolved from its original design of 619 staff apartments to its current state, including three primary sites (New Embassy Compound (NEC), Diplomatic

Security (DS) Mancamp, and the East End Housing Area (EEHA)) within the 104 acres EC. The

EC houses approximately 4,185 personnel. The current size of OMSS incumbent’s staff on site is limited to 350 personnel.

A snapshot summary of EC’s current infrastructure is provided below:

NEC – Consists of 38 buildings, 1 dining facility, 2 gymnasiums, 1 service station, 9 guard towers, a power plant, 3 water wells, a water treatment system, and a waste treatment plant.

DS Mancamp- About 15 acres and holds camp houses for about 1,200 personnel. It contains 5 one mw backup generators, a water treatment system with 2 wells, and a waste water treatment plant. There is alos a dining facility and recreation area.

EEHA- Consists of an O&M Operations Building, a power plant, a water treatment and waste water treatment plant, 3 wells, 4 water storage tanks holding 60,000 gallons each, 6 guard towers, 2 fire sprinkler systems, and outdoor pool and recreation facilities.

C.3 PROGRAM MANAGEMENT

The Contractor shall establish and perform program management functions that cover the overall contract and all resulting task orders. The Statement of Objectives (SOO) is provided with the

Task Order Proposal Request in Section J Exhibit A.1 to address Program Management at the

IDIQ contract level, to ensure the USG receives quality, schedule, cost controls and transparencies throughout the life of this contract.

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SECTION D – PACKAGING AND MARKING

D.1 MARKING OF REPORTS (05/95)

All reports delivered by the Contractor to the Government under this contract shall prominently show on the cover of the report:

(a) Name and Business address of the Contractor;

(b) Contract number and delivery order number, if applicable;

(c) Date of report; and

(d) Program office(s).

(e) Classification, Sensitivity or Handling Instructions

D.2 RESERVED

D.3 PACKING LIST(S)

A packing list or other suitable shipping document shall accompany each shipment and shall include the following information:

(a) Name and address of consignor.

(b) Name and address of consignee.

(c) Government contract number (and delivery order number, if used).

(d) Government bill of lading number covering the shipment, if any.

(e) Description of the items shipped, including item number, quantity, number of containers, and package number, if any.

D.4 WARRANTY NOTIFICATION

In accordance with FAR 46.706 (b)(5), the Contractor shall stamp or mark the supplies delivered, or otherwise furnish notice with the supplies, of the existence of a warranty, if any.

Sufficient information shall be presented duration of the warranty and the name and telephone number of the Contracting Officer to be notified if the supplies are found to be defective.

D.5 DATA PACKAGING REQUIREMENTS (11/96)

(a) All unclassified data shall be prepared for shipment in accordance with best commercial practices.

(b) Classified reports, data, and documentation shall be transmitted via the Regional Security

Office or COR via DOS approved channels only.

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SECTION E – INSPECTION AND ACCEPTANCE

E.1 CLAUSES INCORPORATED BY REFERENCE FAR 52.252-2 (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

FAR: www.acquisition.gov/far

DOSAR: www.statebuy.state.gov/DOSar

Clause Title Date

52.246-2 Inspection of Supplies – Fixed Price Aug 1996

52.246-3 Inspection of Supplies – Cost-Reimbursement May 2001

52.246-4 Inspection of Services – Fixed-Price Aug 1996

52.246-5 Inspection of Services – Cost-Reimbursement Apr 1984

52.246-6 Inspection – Time-and-Material and Labor-Hour May 2001

52.246-16 Responsibility for Supplies Apr 1984

E.2 ACCEPTABLE LEVELS OF PERFORMANCE

The Contracting Officer and his/her representatives are responsible for acceptance and inspection of the Contractor’s effort under this contract.

E.3 CONTRACTOR SELF REPORTING OF NON-COMPLIANT SERVICES

The Contractor shall identify and explain the cause of any non-compliant action and the

Contractor’s plan to resolve the issue(s).

E.4 INSPECTION AND ACCEPTANCE –SERVICES

Inspection and acceptance of the services to be provided hereunder shall be made by the Contracting Officer's Representative.

Contracting Officer's Representative (COR) to monitor contractor performance, advise the contractor of unsatisfactory performance, and notify the Contracting Officer of continued unsatisfactory performance. The contractor, not the Government, is responsible for management and quality control to meet the terms of the contract.

SURVEILLANCE The COR will receive and document all complaints from Government personnel regarding the services provided. If appropriate, the COR will send the complaints to the Contractor for corrective action.

STANDARD The performance standard is that the Government receives no more than one (1) customer complaint per month. The COR shall notify the Contracting Officer of the complaints so that the Contracting Officer may take appropriate action to enforce the inspection clause http://www.acquisition.gov/far http://www.statebuy.state.gov/dosar

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(FAR 52.246-4, Inspection of Services – Fixed Price (AUG 1996)), if any of the services exceed the standard.

PROCEDURES

(a) If any Government personnel observe unacceptable services, either incomplete work or required services not being performed they should immediately contact the COR.

(b) The COR will complete appropriate documentation to record the complaint.

(c) If the COR determines the complaint is invalid, the COR will advise the complainant. The COR will retain the annotated copy of the written complaint for his/her files.

(d) If the COR determines the complaint is valid, the COR will inform the Contractor and give the Contractor additional time to correct the defect, if additional time is available. The COR shall determine how much time is reasonable.

(e) The COR shall, as a minimum, orally notify the Contractor of any valid complaints.

(f) If the Contractor disagrees with the complaint after investigation of the site and challenges the validity of the complaint, the Contractor will notify the COR. The COR will review the matter to determine the validity of the complaint.

(g) The COR will consider complaints as resolved unless notified otherwise by the complainant.

(h) Repeat customer complaints are not permitted for any services. If a repeat customer complaint is received for the same deficiency during the service period, the COR will contact the Contracting Officer for appropriate action under the Inspection clause.

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SECTION F – DELIVERIES OR PERFORMANCE

F.1 CLAUSES INCORPORATED BY REFERENCE FAR 52.252-2 (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer (CO) will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

FAR: www.acquisition.gov/far DOSAR: www.statebuy.state.gov/DOSar

Clause Title Date

52.211-8 Time of Delivery Jun 1997

52.242-15 Stop-Work Order Aug 1989

52.242-15 Stop-Work Order Alt. I Apr 1984

52.242-17 Government Delay of Work Apr 1984

52.247-34 F.O.B. Destination Nov 1991

52.247-35 F.O.B. Destination, within Consignee’s Premises Apr 1984

52.247-48 F.O.B. Destination – Evidence of Shipment Feb 1999

F.2 PERIOD OF PERFORMANCE

This contract is…