B- SAQMMA12R0012 Section B-M

Department of State SAQMMA-12-R-0012 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-plus fixed fee labor-hour, and/or time-and-materials. If a task order will be performance-based, its requirements and performance metrics will be conveyed and administered at the task order level.

B.3 MINIMUM AND MAXIMUM QUANTITIES

a) The Government will include a one-time minimum quantity of $100,000 to satisfy the contract minimum guarantee.

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). The maximum quantity is cumulative among all task orders issued under the master IDIQ contract.

B.4 CLIN STRUCTURE (FUNDING)

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

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CLIN Description

X001 Price (fixed-price)

X002 Price (labor-hour and time-and-materials)

X003 Direct and Indirect Costs

X004 Fee (for cost-plus-fixed-fee)

b) The dollar amounts under CLINS X001 through X004 will be obligated/allotted dollars at task order level.

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 an example of the list of sub-CLINs:

Sub-CLIN Description Reference

X00XA Transition SOW C.2.G

X00XB Other Direct Costs/Materials/Equipment B.8

X00XC Travel B.11

X00XD Post Hardship Differential Pay B.12

X00XE Danger Pay B.12

X00XF Other Compensation (excluded from fully-loaded m2 rates)

X00XG DBA Insurance B.13

c) The sub-CLIN 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

For instance, sub-CLIN 0003A will be used when Transition performance is required during the base year under a cost reimbursement line item.

B.6 RESERVED

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B.7 FIXED UNIT PRICES

a) This section applies to price per square meter (m2) arrangements (i.e., task orders or line items in a task order) when payment is made not based on actual costs incurred (e.g., firm-fixed-price). . The Department of State is using the ―facility cost‖ model in planning for

O&M services and the associated life-cycle costs per building or structure for the U.S.

Embassy in Baghdad, and any expansion into additional areas within Iraq. This mode of planning is being used by commercial companies in the U.S. and other countries, and is being adopted for U.S. Government facilities.

With the table below, Offerors should provide the reference used for establishing a price m2

(e.g. Whitestone Research Facility Operations Cost Reference). While there are several commercial references available, an Offeror may have established a database it uses internally to plan for maintenance and repair as well as life-cycle costs. If so, the Offeror shall explain the methodology, the source and where it is being used as part of the Price

Proposal.

Offerors’ proposed price m2 should include:

Direct cost for all operations and maintenance services. (Optional services specified in

SOW C.14 and C19 do not require pricing.)

Fringe benefits (if not included in applicable indirect costs), bonus cost (if not included in applicable indirect costs), and applicable indirect costs, and profit amount.

It does not consist of 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 as an ODC

(other direct cost) under cost-reimbursement arrangements or as a Material (under time-and-materials arrangements) at the task order level.

b) The following table displays the minimally required negotiated fixed unit prices. These sub-

CLINS (fixed unit prices) will be used to price future task orders within the Embassy

Compound and, should the need arise, to other USG sites in Iraq.

Sub-

CLIN

Description

Base

Year

Option

Year 1

Option

Year 2

Option

Year 3

Option

Year 4

X00XH

Single Story Apartment

Building

X00XI 2 Story Apartment Building

X00XJ 3 Story Apartment Building

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X00XK 4 Story Apartment Building

X00XL 5 Story Apartment Building

X00XM

Single Family Detached

X00XN Single Story Office Building

X00XO 2 Story Office Building

X00XP

2 Story Office Building

(Classified)

X00XQ 3 Story Office Building

X00XR

3 Story Office Building

X00XS 4 Story Office Building

X00XT

4 Story Office Building

X00XU

Compound Access Control

X00XV 30 foot Guard Tower

X00XX Dog Kennel

X00XY

Reverse Osmosis Water

Treatment Plant

X00XZ

Waste Water Treatment

X00XAA Power Plant

X00XAB Warehouse

X00XAC Dining Facility

X00XAD

Single Story Medical Urgent

Care Center

X00XAE Fire Station

X00XAF

Vehicle Garage Maintenance

Shops

X00XAG Telephone Exchange Building

X00XAH Parking Lot

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X00XAI Roads

X00XAJ Helipad

X00XAK Landscaped Ground

X00XAL Recreation Center

X00XAM Outdoor Pool Facility

X00XAN Sports fields

X00XAO Tennis Court

X00XAP Basketball Court

X00XAQ Gymnasium

X00XAR Fuel Farm

X00XAS Airfield

X00XAT Laundry

X00XAU CHUs dry

X00XAV CHUs wet

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

d) Each negotiated fixed unit price for described sub-CLINs is based on comparable and most favorable industry pricing standards.

e) Each negotiated fixed unit price consists of direct labor costs, direct non-labor costs, applicable indirect costs, and profit per month, if offerors do not provide comparable industry pricing standards.

f) The unit prices negotiated as part of an individual task order will apply only to that task order.

g) At the task order level, the Government will solicit and negotiate additional costs or prices for the above services if the Government requires. Additional costs or prices negotiated for an individual task order will apply only to that individual task order.

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B.8 OTHER DIRECT COSTS/MATERIALS AND ASSOCIATED INDIRECT COSTS

a) Unless already included in the negotiated fixed unit prices in Section B.6, other direct costs

(ODCs) and materials costs, as defined in FAR 52.232-7(b)(1) (Payments under Time-and-

Materials and Labor-Hour Contracts) (e.g., Travel and DBA Insurance), will be proposed and negotiated at the task order level.

b) Indirect cost rates used to calculate indirect costs under cost-reimbursement arrangements

(i.e., task orders or line items in a task order), the materials portion of time-and-materials arrangements, and fixed-price arrangements when progress payments apply and are determined based on costs have been negotiated at the contract level (Sections B.8 and B.9).

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

31 and the Contractor’s established or 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).

d) For arrangements in which Government payment is based on the Contractor’s costs (i.e., actual costs incurred) (e.g., cost-reimbursement arrangements, and materials portion of time-and-materials arrangements), the Contractor must propose 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. Any exceptions must be issued by the Contracting Officer.

B.9 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 the 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 Rate

Allocation Base

Contractor Fiscal

Year Period

1)

2)

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c) The Contractor may recover, if consistent with FAR Part 31 and the Contractor’s established or 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.10), the Contractor shall be reimbursed at the contract’s ceiling indirect cost rate.

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

Federal agency official.

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

B.10 CEILING INDIRECT COST RATES

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

52.232-16).

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

Negotiated Ceiling

Allocation Base

Contractor Fiscal

Year Period

1)

2)

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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.8 (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.11 TRAVEL COSTS

a) Travel under this contract is defined as Contractor air and ground transportation, lodging, meals and incidental expenses, and passport/visa costs and is governed by the Federal Travel

Regulations.

b) Travel costs shall be allocated to sub-CLIN X00XC.

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

d) 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.

e) 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.

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

1. Such rentals are consistent with good business practice;

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

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.

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g) 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.

2. For travel to/from the United States' outlying areas and outside the United States, travel time begins no earlier than three 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' outlying areas are American Samoa, Federated States of Micronesia, Guam, Marshall Islands, Northern Mariana Islands, Palau, Puerto Rico, and Virgin

Islands of the United States.

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

5. For travel inside the United States, travel time begins no earlier than two hours prior to the scheduled departure time and concludes upon arrival to the initial destination point

(e.g., airport) at the place of performance.

6. 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.

7. 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.

8. The Government will not pay more than twelve (12) hours per day per Contractor employee for travel time when the employee is traveling to/from the United States' outlying areas and outside the United States.

9. 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.

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, and 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.

h) After task order award under an arrangement when payment is made based on actual costs incurred (e.g., cost-reimbursement arrangements, materials portion of time-and-materials

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Contracting Officer’s Representative (COR) or Government Technical Monitor (GTM).

i) The following items concern passports and visas:

1. The Contractor shall be responsible for ensuring that all personnel who will be required to travel outside the United States have a current and valid 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 another Contractor cost objectives (e.g. in support of another contract) other than this contract.

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.

j) 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.

k) 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).

l) 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 an arrangement (i.e., task order or line item in a task order) when payment is made not based on actual costs incurred (e.g., firm-fixed-price arrangements), 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 negotiated price is contingent upon

Government acceptance of such explanation.

If such conditions exist under an arrangement when payment is made based on actual costs incurred (e.g., cost-reimbursement arrangements, materials portion of time-and-materials arrangements, and fixed-price), the Contractor shall submit with its voucher a memorandum

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B.12 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 to sub-CLINs X00XD and X00XE, respectively. However, Government payment of such costs is contingent on the Contractor meeting all of the following requirements and the status and funding of the mission:

a) Paying Post Hardship Differential Pay and Danger Pay is part of the Contractor’s established incentive compensation plan or policy, which is followed consistently, or employer/employee agreement entered into in good faith before the services are rendered, pursuant to FAR

31.205-6(f) (Bonuses and Incentive Compensation).

b) The Contractor's basis for paying Post Hardship Differential Pay and Danger Pay is supported, pursuant to FAR 31.205-6(f) (Bonuses and Incentive Compensation).

c) Payment of such costs is otherwise consistent with FAR Part 31.

d) 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).

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

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

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

f) 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.

g) The applicable DSSR percentage will be the DSSR percentage effective at the time of task order proposal for arrangements (i.e., task orders or line items in a task order) when payment is made not based on actual costs incurred (e.g., firm-fixed-price arrangements).

h) The applicable DSSR percentage will be the DSSR percentage effective at the time of 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 fixed-price arrangements when progress payments apply and payment is determined based on costs).

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i) 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, and holiday) hours for the given workweek. It is the employee’s base salary/unloaded compensation for the given workweek. However, such compensation must:

1. Benefit the task order; and/or

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

j) 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.

k) Basic compensation will consist of proposed base salary/unloaded compensation for arrangements when payment is made not based on actual costs incurred (e.g., firm-fixed-price arrangements).

l) 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 fixed-price).

m) 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.

n) 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 not be retroactive for the previous days. 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.

o) 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.

p) 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

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(day 44) will be considered day 31 of days served.

q) 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.13 DEFENSE BASE ACT (DBA) INSURANCE

a) Defense Base Act (DBA) Insurance costs shall be allocated to sub-CLIN X00XG.

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

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

1. United States citizens or residents;

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

3. local nationals and third country nationals where task order performance takes place in a country where there are no local worker’s compensation laws.

e) For arrangements (i.e., task orders or line items in a task order) when payment is made not based on actual costs incurred (e.g., firm-fixed-price arrangements), the Contractor may be paid for DBA Insurance costs for each covered employee by multiplying the employee’s proposed taxable compensation for the task order period 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).

f) For arrangements when payment is made based on actual costs incurred (e.g., cost-reimbursement arrangements, materials portion of time-and-materials arrangements, and fixed-price arrangements), the Contractor may be paid for DBA Insurance costs for each covered employee by multiplying the employee's actual incurred taxable compensation for the task order period 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).

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

1. The amount that benefits the task order(s); or

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2. 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.

h) ―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.14 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, and 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.10(j) for further information.

e) A normal workweek is defined in Section B.6(k).

f) Payment for overtime must be authorized in writing by the Contracting Officer (CO) 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 arrangements (i.e., task orders or line items in a task order) when payment is made not based on actual costs incurred (e.g., firm-fixed-price arrangements), the Government will not pay for overtime.

i) For cost-reimbursement arrangements, any Government payment for Contractor employee overtime will be made at 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.

j) For labor-hour and 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 performance.

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

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

B.15 DATA OTHER THAN CERTIFIED COST OR PRICING DATA

The Government does 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 Statement of Work (SOW) is furnished in Section J Exhibit B for the OMSS EC Baghdad requirement and attached hereto. This SOW may be used in requesting proposal for future task orders.

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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 comprised of a one year base period and four, one-year option periods. The base year includes a transition period that will coincide and run concurrently with the remaining days of the current contract.

The CO can extend the term of the contract for an additional six months in accordance with FAR

52.217-8, Option to Extend Services clause contained in Section I of this contract.

F.3 NOTICE OF CONTRACT AWARD

After receiving the Notice of Contract Award in writing from the CO, the Contractor shall provide all representation, certifications and deliverables required by the contract. Upon the acceptance of these documents, the Contracting Officer shall then issue a Notice to Proceed and at that time the Contractor shall begin transition. The Contractor shall, upon completion of the

Transition Period, assume full responsibility for the performance of this contract.

http://www.acquisition.gov/far http://www.statebuy.state.gov/dosar

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F.4 DELIVERABLES

The Contractor shall provide the following deliverables in the timeframe and format prescribed.

The CO shall notify the Contractor in writing of any additional deliverables that may arise during contract performance. The table below contains references to Section C (Section J Exhibit B).

SECTION

CONTRACTOR

DELIVERABLES

DUE DATE

NOTES

H.24.A DD254 Facility Clearance Upon Notice to Proceed (Award – 10)

For approval

Sec J Exhibit A Task Order OMSS EC After Award For approval

H-60 Deploying personnel entered into SPOT

5 working days prior to individual deployment date

Reported

C.2.H.3 Final Transition Plan Award +10 For approval

C.3.A Draft O&M Plan Award +10 For review

C.3.B.1 Revised Program Management (PM) Plan

Award +10 For review

C.3.B.1 2 nd

Draft PM Plan Award+45 For review

C.3.B.1 Final PM Plan Award +75 For approval

C.6.A.1 Key Personnel (1 st set) Award +45 Arrival at Post

C.6.A.1 Key Personnel (2 st set) Award +60 Arrival at Post

C.6.B.1 Initial Staffing Plan Award +30 For review

C.3.E.2 Initial Individual Security Vetting List

Award +30 For review

C.6.B.1 Final Staffing Plan Award +60 For approval

C.3.E.2 Follow-on Individual Security Vetting List

Award +45 For review

C.3.E.3 Final Individual Security Vetting List

Award +60 For review

C.3.A Formal O&M Plan Award +45 For approval

C.3.B.4 Safety Plan Award +60

For approval

C.2.G.1 Personnel onsite at >85% Contract start Arrival at Post

C.2.G.1 Personnel onsite at 100% Contract start +30 Arrival at Post

C.6.B.3 Cost Control Plan Contract Start +30 For approval

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C.6.B.5 Personnel onsite at 85% Contract start Reported

C.16 Draft Pest Control Plan Contract start + 10 For review

C.16 Final Pest Control Plan Contract start +40 For approval

C.3.B.2 Formal Quality Control Plan

Contract start +30

For approval

C.4.Q Integrate O&M into WOW Contract Start +75 Reported

H.64 Associate Contract Agreements

Contract Start +45 For review

C.4.G.2 Inventory of Supplies, Equipment, Tools, Material

Contract start +45 For approval

C.10.C.1 Hazardous Materials List Contract Start +45 For approval

C.10.C.3 HazMat Location List to Fire Department

Contract Start +60 For review

C.4.H.3 Fire Emergency Draft Plan Contract start +45 For review

C.4.Y.2 Draft Operating Cost Reference Report

Contract Start Award +90 For review

C.4.Y.2 Final Operating Cost Reference Report

Contract Start Award +120 For approval

C.4.H.3 Fire Emergency Plan Contract start +60 For approval

C.10.C.2 MSDS Database Contract start + 120 For review

C.2.H.1 Facility Condition Assessment

Contract start +75 For approval

C.9.B.1 Daily Report (Per PMP) Daily (To COR) Reported

C.9.D.3 Monthly Work Order Report 5 th working day of the month Reported

C.9.D Monthly Operations Report 5 th working day of the month Reported

C.9.E Quarterly Program Management Meeting/Reports

To be scheduled Meeting

C.9.F Annual Program Management meeting/report

Annually (1 st week of August) Meeting

C.9.C Bi-Weekly Activity Report Bi-weekly Reported

E.3 Quality Assessment and Compliance Report

Per Invoice Reported

H.4, H.5 Proof of Insurance Award +60 For review

FOR OFFICIAL USE ONLY Page 24

Notice to Proceed (NTP)-- The NTP letter signed by the Contracting Officer authorizes the

Contractor to start work relative to submission of the facility clearance application and other preliminary paperwork.

Award – Date of award of the IDIQ contract and the PMO task order.

Contract Start - Date of which the Contractor will take over full functions of the operations and maintenance of the EC OMSS as a task order of this contract.

Reported – Report to COR in writing the status or completion of deliverable.

For Review— Provided to COR or CO as appropriate for review and comment.

For Approval - Usually a final report or status, submitted to the COR or CO as appropriate.

Meeting - A regularly scheduled event between Contractor and USG.

Arrival at Post — Actual onsite; Does not preclude earlier arrival, but rather this is the last date to meet the deliverable.

FOR OFFICIAL USE ONLY Page 25

SECTION G – CONTRACT ADMINISTRATION DATA

G.1 DESIGNATION OF ADMINISTRATIVE CONTRACTING OFFICE

This contract will be administered as follows:

Contracting Officer (CO):

Paul Desilets

Department of State

Office of Acquisition Management

A/LM/AQM/IT SA-6

1701 North Fort Myer Drive

Arlington, VA 22209

Office: (703) 875-5250

Administrative Contract Specialist:

Department of State

Office of Acquisition Management

A/LM/AQM/IT

Attn: Stephen Law

1701 North Fort Myer Drive

Arlington, Virginia 22209

Office: (703) 516-1961

Written communications regarding the administration of this contract shall make reference to the contract number and shall be mailed to the above address or emailed to Laws2@state.gov.

G.2 CONTRACTING OFFICER (CO)

The CO has sole authority to modify the terms of this contract. The Contractor is responsible for ensuring that all modifications to or deviations from contract requirements are approved by the

CO. The CO will appoint the usual and customary contracting representatives, such as a

Contracting Officer’s Representative (COR) and Government Technical Monitors (GTMs) to help carry out the CO’s responsibilities under this contract.

G.3 CONTRACTING OFFICERS REPRESENTATIVE DOSAR 652.242-70 (AUG 1999)

(a) The Contracting Officer may designate in writing one or more Government employees, by name and position title, to take action for the Contracting Officer under this contract. Each designee shall be identified as a Contracting Officer’s Representative (COR). Such designation(s) shall specify the scope and limitations of the authority so delegated; provided, that the designee shall not change the terms or conditions of the contract, unless the COR is a

FOR OFFICIAL USE ONLY Page 26 warranted Contracting Officer and this authority is delegated in the designation.

(b) The COR will be identified following Contract Award.

G.4 GOVERNMENT TECHNICAL MONITORS (GTM)

A GTM may be designated to provide technical monitoring, advice and assistance, in the monitoring and evaluation of a contractor’s performance at separate consular locations. The

GTM is appointed by the CO.

G.5 INVOICE AND REPORTING REQUIREMENTS

The Contractor is required to provide a hard copy and an electronic copy of each invoice. The electronic copy shall be generated in Microsoft Excel 2007®. The Contractor shall be required to work closely with the Government to track, report, and invoice costs to facilitate effective program and project management over the life course of this contract.

The contractor shall prepare and submit a monthly Cost Analysis Report in Microsoft Excel.

The report is due no later than the 10th day following the last day of the reporting month. The contractor will work with the Government to finalize a format.

The contractor shall submit all invoices on a monthly basis within 30 days after the end of the billing month.

G6 REQUIRED INVOICE INFORMATION

a) The invoice shall contain all information required in Sections G and I, including, when applicable, FAR 52.216-7 (Allowable Cost and Payment) and FAR 52.232-7 (Payments under Time-and-Materials and Labor-Hour Contracts).

b) The invoice shall include a listing of each service and supply provided in Sections B.3 and

B.4 by CLIN and sub-CLIN, respectively.

c) The invoice shall list, in part, the following:

– Contract's maximum quantity

– Billed total for each CLIN (contract-wide)

– Billed total for each sub-CLIN (contract-wide)

– Contract-year-to-date billed

– Contract-year-to-date paid by Government

– Contract cumulative billed (since contract effective date)

– Contract cumulative paid by Government (since contract effective date)

– Task order name

– Task order number

– Task order obligated dollar amount

FOR OFFICIAL USE ONLY Page 27

– Billed total for the CLIN (for the task order)

– Billed total for each sub-CLIN (for the task order)

– Task order-year-to-date billed

– Task order-year-to-date paid by Government

– Task order cumulative billed (since task order effective date)

– Task order cumulative paid by Government (since task order effective date)

d) For firm-fixed-price arrangements (i.e., task orders or line items in a task order), the

Contractor shall submit the monthly apportionment of the negotiated firm-fixed-price. The monthly apportionment shall be the negotiated firm-fixed-price for the task order period divided by the number of months in the task order period. For example, if a task order includes a base period of one year, the monthly apportionment during the base period shall be the negotiated firm-fixed-price for the base period divided by 12 months.

e) For each direct labor cost under labor-hour arrangements and under the time portion of time-and-materials arrangements, the Contractor shall submit the following:

– Contract-specified labor category

– Internal labor category/employee title

– Name of employee

– Negotiated fixed fully-loaded hourly labor rate

– Actual incurred hours

– Subtotal

f) For each direct labor cost under arrangements when payment is made based on actual costs incurred (e.g., cost-reimbursement arrangements and fixed-price arrangements when progress payments apply and payment is determined based on costs), the Contractor shall submit the following:

– Contract-specified labor category

– Internal labor category/employee title

– Name of employee

– Actual incurred unloaded hourly labor rate

– Actual incurred hours

– Applicable provisional billing indirect cost rate description

– Negotiated applicable provisional billing indirect cost rate(s)

– Provisional billing indirect cost

g) For each other direct cost (ODC)/Material under arrangements when payment is made based on actual costs incurred (e.g., cost-reimbursement arrangements, materials portion of time-and-materials arrangements, and fixed-price arrangements when progress payments apply and payment is determined based on costs), the Contractor shall submit the following:

– Description of the ODC or direct material

– Actual incurred unit cost

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– Unit of measurement

– Actual incurred units

– Applicable provisional billing indirect cost rate description

– Negotiated applicable provisional billing indirect cost rate(s)

– Provisional billing indirect cost

h) For travel 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 fixed-price arrangements when progress payments apply and payment is determined based on costs), the Contractor shall include a Travel Expense Report (TER) by trip that includes a daily breakdown of all actual incurred travel costs. The breakdown shall consist of at least the following:

– CLIN

– Sub-CLIN

– Contract-specified labor category

– Internal labor category

– Traveler name

– Title of traveler or relationship of traveler to contractor

– Purpose of trip

– Dates of travel

– Number of days of travel

– Origin

– Destination

– Airfare or train fare

– Lodging cost per night

– Lodging per diem, as indicated in FTR, JTR, or DSSR

– Meals and incidental expenses (M&IE) cost

– Meals and incidental expenses (M&IE) per diem, as indicated in FTR, JTR, or DSSR

– Ground transportation cost per day

– Parking cost per day

– Tolls cost per day

The Contractor shall note that, pursuant to FAR 31.205-46(a)(1), the contractor’s costs for lodging, and meals and incidental expenses may be based on actual costs incurred, per diem, or a combination thereof, as long as the method used results in a reasonable charge.

Similarly, the contractor’s costs for transportation may be based on actual costs incurred, mileage rates, or a combination thereof, as long as the method used results in a reasonable charge. The Contractor shall note in its invoice the respective methods used.

i) For travel 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 fixed-price arrangements when progress payments apply and payment is determined based on costs), if the Contractor did not use a U.S-flag air carrier, the Contractor

FOR OFFICIAL USE ONLY Page 29 shall, pursuant to FAR 47.402, 47.403, and the Fly America Act, submit with its invoice a memorandum citing the specific conditions which prevented it from using a U.S.-flag air carrier service. Reimbursement is contingent upon Government acceptance of such explanation.

j) For Post Hardship Differential Pay and Danger Pay 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 fixed-price arrangements when progress payments apply and payment is determined based on costs), the Contractor shall submit a breakdown of the actual costs incurred.

k) For Defense Base Act (DBA) Insurance 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 fixed-price arrangements when progress payments apply and payment is determined based on costs), the Contractor shall submit a breakdown of the actual costs incurred. The breakdown shall consist of at least the following:

– Each applicable labor category identified in the contract

– Each covered employee name

– Each covered employee title/internal labor category

– Each covered employee designation (i.e., U.S. citizen, U.S. resident, hired in U.S. or its possessions, local national, or third-country national)

– Number of actual incurred hours per covered employee

– Actual incurred unloaded hourly labor rate per covered employee

– Each ―other taxable compensation‖…