draft_BLISS_RFP_12_28_2012_DS.docx

Department of State SAQMMA-12-R-0130 Baghdad Life Draft Request for Proposal Support Services

DRAFT

UNITED STATES DEPARTMENT OF STATE

BAGHDAD

LIFE SUPPORT SERVICES

(BLiSS)

SOLICITATION SAQMMA-12-R-0130

December 28, 2012

This Draft RFP Release is for information purposes only and does not constitute an invitation for bids, a request for proposals, a solicitation, a request for quotes, or an indication the US Government will contract for services and items contained in this notice. The Government does not reimburse respondents for any costs associated with this Draft RFP release.

Section B – SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 Overview

This requirement is in support of the U.S. Department of State (DOS) mission in Iraq, providing life support functions for State Department compounds.

The current U.S. Mission, Iraq (USMI) sites are broken down below by regions. USMI sites within Iraq may be added or removed under this contract as future conditions change:

· Central – Baghdad Embassy Compound (BEC), to include

· Olympia

· Embassy Heliport (EHP)

· Embassy Annex Prosperity (EAP)

· Central - Baghdad Diplomatic Support Center (BDSC), at the Baghdad International Airport

· South – U.S. Consulate General in Basrah, to include

· Basrah Air Hub,

· North (Optional)

· Erbil Diplomatic Support Center (EDSC)

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 $1,000,000,000.00 (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:

b) CLIN X001 will be funded at the contract level if used, 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:

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

7th identifier (if applicable) = continuation of sub-CLIN cost element 8th 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).

B.6 TRANSITION PERIOD

a) All costs associated with Transition will be allocated to the following sub-CLINs under sub-CLIN X00XA:

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 BAGHDAD LiFE SUPPORT SERVICES

B.7.1 Food Services. This section applies when the Contractor proposes and the Government awards the fixed-price under fixed-unit price with quantity variation arrangements (i.e., task orders or line items in a task order).

a) The following table displays, under sub-CLIN X00XB, the negotiated firm fixed unit prices (FF/FUP) per person and per meal, for operations of the DOS Embassy Cafeteria including Snack Bars:

Sub-CLIN

Description

Base Year

Note: Pricing is anticipated for all Cafeterias to be the same.

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

c) Each negotiated firm fixed unit price is based on work descriptions provided in Exhibit A Statement of Objective.

d) Each negotiated FF/FUP 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), cost of living, food and consumable supply, DBA Insurance costs, applicable indirect costs, and profit. No other costs are included. Program management costs will be separately captured in a task order.

e) The unit of measure of each negotiated firm fixed unit price is “per meal transaction”

f) The negotiated FF/FUP apply to performance outside of the United States and within the country of Iraq. Offerors are to submit a staffing plan with proposed workweek hours that meets the objectives of this RFP. All employment of U.S., Third Country Nationals and Local Nationals is to be in accordance with U.S. law, DOS regulations, and GOI laws and regulations. The Contractor is expected to be in compliance laws and regulations regarding: work hours; worker rights; insurance requirements; recruiting, hiring and employment laws; tax laws; and any other applicable laws and regulations.

g) Any costs included in the negotiated FF/FFUP shall not be charged again elsewhere under this contract.

h) At the task order level, the awardee fixed-price will reflect the proposed FF/FUP multiplied by the proposed and awarded number of units, respectively.

B.7.2 Fuel Acquisition and Delivery Services - This section applies when the Contractor proposes and the Government awards the fixed-price under fixed-unit price with variation in quantities and economic price adjustment (EPA) arrangements (i.e., task orders or line items in a task order).

a) The following table displays the negotiated firm fixed unit prices (FF/FUP) per gallon and per fuel type, for delivery of fuels: the fuel to be furnished during the period specified in each task order; the delivery points; methods of deliver;, and estimated quantities are shown below. The quantities shown are best estimates of required quantities only under the base period. Unless otherwise specified, the total quantity ordered and required to be delivered may be greater than or less than such quantities. Unit prices are effective for the base period and all option periods subject to EPA.

Consulate General Basrah Storage/Issuance facility capacity projected:

138K gallons Diesel Capacity to be added in the future:

30K capacity Diesel Delivery every 3 days two tankers Diesel 1,800,000

Consulate General Basrah every 4 weeks one tanker MOGAS (assumes 8k X 2-3 or 1 x 32k Litres gallon tanker) 50,000

2 delivery points on the West End and 1 East end All deliveries pumped through the wall to storage tanks 6,600,000

2 delivery points on the West End and 1 East end All deliveries pumped through the wall to storage tanks 165,000

Delivery Schedule: Daily All deliveries pumped through the wall to storage tanks 2 delivery points on the West End and 1 East end 4,500,000

Delivery Schedule: Weekly All deliveries pumped through the wall to storage tanks 2 delivery points on the West End and 1 East end 320,000

Delivery Schedule: Daily 2 210K gal fuel bags 6,500,000

Delivery Schedule: Weekly 2 210K gal fuel bags 275,000

2 delivery points through the wall 7,200

Storage/Issuance facility capacity projected: 60K gallons diesel Capacity to be added in the future:

51K capacity diesel Capacity to be added in the future: 51K capacity diesel Desired EDSC delivery schedule: Every 3 days two tankers diesel 1,800,000

Storage/Issuance facility capacity projected: 5K gallons gasoline Capacity to be added in the future: 15K capacity gasoline Desired EDSC delivery schedule: Every 5-6 weeks one tanker gasoline (assumes 8k or 32k litre gallon tanker) 85,000

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

c) Each negotiated firm fixed unit price is based on work descriptions provided in Exhibit A Statement of Objective.

d) Each negotiated FF/FUP consists of applicable costs, indirect costs, and profit. No other costs are included. Program management costs will be separately captured in the separate PMO task order CLIN.

e) The unit of measure of each negotiated firm fixed unit price is “per gallon”

f) The Contractor is expected to be in compliance with applicable U.S. and GOI laws and regulations.

g) Any costs included in the negotiated FF/FFUP shall not be charged again elsewhere under this contract.

h) At the task order level, the awardee fixed-price will reflect the proposed FF/FUP multiplied by the proposed and awarded number of units (gallons), respectively.

i) The prices paid shall be the Firm Fixed Price per Gallon specified in subsequent price change modifications issued in accordance with contract clause

NOTE: Vendor delivering the fuel must ensure all delivery tickets are signed by the BLISS contractor’s designated representative and contains the representative’s printed name, organization and the date product was received at the delivery location.

B.7.3 BLISS Task Orders- Other

a) The following sample table displays, under sub-CLIN X00XB, the negotiated fixed-unit-hourly rates for Life Support Services after award:

Sub-CLIN

Description

Base Year

b) The fully loaded hourly labor rates are in United States currency and applied to U.S. citizens only.

c) Each negotiated fully-loaded hourly labor rate consists of an unloaded hourly labor rate, fringe benefits (if not included in applicable indirect costs), cost of living, bonus cost (if not included in applicable indirect costs), 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 “other direct cost” (ODC) under fixed-price and cost-reimbursement arrangements, or as a “material” under time-and materials arrangements at the task order level.

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

e) At the task order level, the Contractor will be paid only at unit prices that are equal to the respective negotiated fully-loaded hourly labor rates.

f) At the task order level, the proposed and awarded fixed-price will reflect the negotiated fully-loaded hourly labor rates multiplied by the proposed and awarded number of units, respectively.

g) The awarded fully-loaded hourly labor rates will be part of the awarded fixed-price under fixed-price arrangements.

h) For labor-hour arrangements and the time portion of time-and-materials arrangements, the Contractor will propose and the Government will award the negotiated fully-loaded hourly labor rate for each specified labor category. Any additional labor categories will be specified and their associated labor rates will be proposed and awarded at the task order level. 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).

i) 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).

j) 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.

B.8 Other direct Costs

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)]." This does not include food items and associated sundries.

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.7 and B.8.

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

Each additional supply will be assigned a distinct sub-CLIN at the task order level.

B.9 Program Management Office (PMO) Task order

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 the overall contract performance both in a domestic location and in Iraq.”

b) Examples of PMO costs are costs 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);

7. Coordinating supply chains for food and fuel; and

8. 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:

f) “Domestic” is defined as the “United States, which means the 50 States plus the District of Columbia.”

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 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.

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.11 and B.12.

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, 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 Description 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.

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:

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, B.8 (f), and B.9 (e). Travel must be directly related to and be required for performance of the contract. In no event shall costs associated with employees commuting be payable as a direct cost under this contract.

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) 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.

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:

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.

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

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 to sub-CLIN X00XB25. 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.

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 will be the DSSR percentage effective at the time of task order proposal(s) (or later time until task order award, if feasible) 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).

i) The applicable DSSR percentage will be the DSSR percentage effective at the time of task order performance for arrangements when payment is made based on actual costs incurred (e.g., cost-reimbursement arrangements, materials portion of time-and-materials arrangements, and progress payments based on costs under fixed-price arrangements).

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

i. benefit the task order; and/or

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

k) The number of hours included in an eligible employee’s basic compensation for a given workweek cannot exceed the number of hours for the task order’s normal workweek.

l) Basic compensation included in the 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.

m) 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.

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

o) 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.

p) Payment of Post Hardship Differential Pay for an eligible employee will not commence until the eligible employee has served 42 calendar days in the task order place of performance. Payment will commence on the first productive or non-productive day after day 42, and will 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 performance.

q) 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.

r) 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.

s) 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.15 DEFENSE BASE ACT (DBA) INSURANCE

a) Defense Base Act (DBA) Insurance costs shall be allocated to sub-CLIN X00XB28.

b) Reserved.

c) The Contractor will have a DBA self-insurance program approved by the Department of Labor or an insurance policy with an insurance company approved by the Department of Labor. Approved providers can be found at the Department of Labor website http://www.dol.gov/owep/dlhwc/lscarrier.htm. .

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 proposed and awarded fixed-price under fixed-price arrangements (i.e., task orders or line items in a task order) will reflect each covered employee’s proposed and awarded taxable compensation, respectively, for the task order 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.

g) 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), 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 Insurance policy or established in the Contractor’s DOL-approved self-insurance program.

h) 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.

i) “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 or his designated representative 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 performance.

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 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.

B.18 ECONOMIC PRICE ADJUSTMENT (APPLICABLE TO FUEL ACQUISITION)

(a) WARRANTIES. The Contractor warrants that—

(1) The unit prices set forth in the Schedule do not include allowances for any portion of the contingency covered by this clause; and

(2) The prices to be invoiced hereunder shall be computed in accordance with the provisions of this contract.

(b) DEFINITIONS. As used throughout this clause, the term—

(1) Award price - the unit price offered by the Contractor and set forth opposite the item in the Schedule.

(2) Reference price - the market price, this is either published in an independent publication or supplied by the Contractor, with which the award price is to fluctuate. The reference price should be a market price for the same or similar product(s) as the item being purchased.

(3) Date of delivery means - The date product is received.

(c) ADJUSTMENTS. The prices payable under this contract shall be the award price increased or decreased by the amount, determined according to the following formula that the reference price shall have increased or decreased, to and including the date of delivery.

(1) The amount of increase or decrease in the award price shall be based on the same number of cents, or fraction thereof, that the reference price increases or decreases per like unit of measure.

(2) The reference price with which the award price for the listed item is to fluctuate (and which is more fully defined in the Table below) is—

(i) The average of the prices published in _Platts Oilgram. See http://www.platts.com/Products/oilgrampricereport, http://www.platts.com/Products/asiapacificarabgulfmarketscan

(ii) The established price posted by the Iraqi Ministry of Oil, Oil Products Distribution Company (OPDC). See http://wiki.openoil.net/index.php?title=Iraqi_Ministry_of_Oil

(3) COMMERCIAL. For price adjustments utilizing commercial publications such as Platts Oilgram, etc., the reference price in effect on the date of delivery shall be that item’s reference price that is in effect for the dates in the Table below.

If an effective date is not cited in a publication, then the date of publication shall apply. An increase or decrease in any reference price published in a trade price service or in a commercial journal shall apply only to deliveries made on or after the effective date of such trade price service or commercial journal. In the event of a holiday for which an effective date is not used, the latest effective price(s) prior to the effective date shall be used.

NOTE: Platts issues corrections to its published prices on a regular basis. Platts posts corrections to its website (www.platts.com) for its subscribers. If a correction to a reference price is found on the Platts website, all of the items that use that reference price will be corrected. The Department of State (DoS) will correct any other reference prices, as notice of the correction is received. DoS will work with the pricing services to determine the appropriate price, whenever an offeror or contractor can show that the price referenced should be reviewed.

(4) NONCOMMERCIAL (NOTIFICATION). For price adjustments utilizing a reference price indicator other than commercial publications such as Platts Oilgram, the Contractor shall notify the Contracting Officer (CO) of any changes in the reference price in writing within 15 calendar days from the date thereof.

(i) INCREASES. Any increase in unit price as a result of an increase in reference price shall apply only to deliveries made on or after the date of receipt by the CO of a written notification from the Contractor of such increase. However, the prices payable under this contract shall in no event exceed the Contractor’s posted or established selling price in effect on the date of delivery for the product supplied in the form of delivery made at the point of delivery. Also, no notification incorporating an increase in a contract unit price shall be executed pursuant to this clause until the increase has been verified by the CO.

(ii) DECREASES. If the Contractor fails to notify the CO of any decrease in the reference price, within the allotted 15 day period, such decrease shall apply to all deliveries made on or after the effective date of such decrease. However, if any overpayment is made to the Contractor as a result of the Contractor’s failure to give timely notice to the Contracting Officer of any decrease in the established price, the Contractor shall be charged interest on such overpayment from the date of the overpayment to the date of reimbursement by the Contractor for the overpayment in accordance with the Disputes paragraph of the CONTRACT TERMS AND CONDITIONS – COMMERICAL ITEMS clause of this contract.

(5) Where the reference price is the Contractor’s established price (see (c)(2)(iii) above), the Contractor warrants that the product selected is one for which, except for modification required by the specifications of this contract, the Contractor has an established price. Such price is the net price after applying any applicable standard trade discounts offered by the Contractor for its catalog, list, or schedule price. The Contractor further warrants that, as of the current date, any differences between the unit prices of the line items identified in the Schedule and the Contractor's established price for like quantities of the nearest commercial equivalents of such contract items are due to compliance with contract specifications and to compliance with any requirements that this contract may contain for preservation, packaging, and packing beyond standard commercial practice.

(d) MODIFICATIONS. Any resultant price changes shall be provided via notification through contract modifications and/or postings to the DOS ENERGY web page at http://www.desc.DoS.mil/ under the heading Vendor Resources and then Product Price Adjustments.

(e) FAILURE TO DELIVER. Notwithstanding any other provisions of this clause, no upward adjustment shall apply to product scheduled under the contract to be delivered before the effective date of the adjustment, unless the Contractor’s failure to deliver according to the delivery schedule results from causes beyond the Contractor’s control and without its fault or negligence, within the meaning of the Excusable Delays and Termination for Cause paragraphs of the CONTRACT TERMS AND CONDITONS – COMMERCIAL ITEMS clause of the this contract in which case the contract shall be amended to make an equitable extension of the delivery schedule.

(f) UPWARD CEILING ON ECONOMIC PRICE ADJUSTMENT. The Contractor agrees that the total increase in any contract unit price…