SAQMMA13R0044_Amendment_001_FINAL-_3DEC13.docx

SAQMMA13R0044

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

2. AMENDMENT/MODIFICATION NO.

A001

3. EFFECTIVE DATE

11/26/2013

6. ISSUED BY CODE

OFFICE OF ACQUISITION MANAGEMENT

OFFICE OF ACQUISITION MANAGEMENT (A/LM/AQM)

1038 S PATRICK DRIVE ATTN: INL AIRWING PATRICK AFB, FL 32925

TEL.

MELBOURNE, FL 32940 321-783-9860

EMAIL

murphypj@state.gov

SAQMMA13R0044

X

9B. DATED (SEE ITEM 11)

11/22/2013

10A. MODIFICATION OF CONTRACT/ORDER NO.

10B. DATED (SEE ITEM 13)

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in item 14. The hour and date specified for receipt of Offers is extended, X is not extended, Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods: (a) By completing items 8 and 15, and returning copies of the amendment;(b)By acknowledging receipt of this amendment on each copy of the offer submitted; or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTS/ORDERS. IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, X is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

1. THIS AMENDMENT ADDS AND INCORPORATES THE PRICING INSTRUCTIONS FOR THE SAMPLE TASK ORDER.

2. CHANGES OCCUR IN THE FOLLOWING SECTIONS

a. SECTIONS B, L, AND M.

b. SECTION H-016, KEY PERSONNEL, IS DELETED AND REPLACED IN ITS ENTIRETY.

c. SECTION J

3. ATTACHMENT 1 - "Task Order 1, Program Office Support Performance Work Statement" IS UPDATED and PROVIDED IN MS-WORD FORMAT.

4. ATTACHMENT 1- EXHIBIT A, "SAMPLE TASK ORDER REQUEST FOR PROPOSAL" IS ADDED.

5. ATTACHMENT 5, "PRICING TABLES 1-6" IS REPLACED WITH ATTACHMENT 5, "PRICING TABLES 1-10".

6. ATTACHMENT 11, “Contract Labor Minimum Qualifications” IS REPLACED IN ITS ENTIRETY WITH ATTACHMENT 11, “Contract Labor Minimum Qualifications”.

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

Reaver Clements

15B. CONTRACTOR/OFFEROR

(Signature of person authorized to sign)

NSN 7540-01-152-8070

Previous edition unusable

STANDARD FORM 30 (REV. 10-83)

Prescribed by GSA FAR (48 CFR) 53.243 SAQMMA13R0044 – Amendment 001 Page 8 of 155

Table of Contents

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

B-1 PROGRAM OVERVIEW

The United States Department of State, Bureau for International Narcotics and Law Enforcement Affairs, Office of Aviation (INL/A), interchangeably referred to as DOS Air Wing, provides aviation support for the eradication and interdiction of illicit drugs, training of contractor and host nation personnel, movement of personnel and equipment, reconnaissance, personnel recovery (PR), medical evacuation, security of personnel and equipment, and ferrying of aircraft. The Department requires program support services as outlined herein to support operational missions performed by various third party contractor personnel.

The Contractor under this Program Support Office (PSO) contract shall plan, integrate, communicate, de-conflict, monitor and report on the third-party contractors who perform specialized services in the functional areas of flight operations, aircraft maintenance, logistical support, IT and communications, safety compliance, training support, acquisitions, and fleet-wide critical flight safety projects.

The Contractor under this Program Support Office (PSO) contract is a service-disabled veteran-owned small business.

Five SAIDIQ contracts will be competed concurrently to support the Department of State’s Worldwide Aviation Mission. The solicitations are:

The Government has reviewed these acquisitions and determined that due to the strong potential for conflicts of interested, the successful offeror that proposes under this Solicitation (SAQMMA13R0044 Aviation Program Support Services) is excluded from participating as a prime contractor or team member/subcontractor at any level under the other four solicitations identified above.

B-2 TYPE OF CONTRACT

a) This is a single-award indefinite-delivery, indefinite-quantity (IDIQ) contract, as defined in Federal Acquisition Regulation (FAR) 16.504 (Indefinite-Quantity Contracts).

b) This contract is for non-commercial items.

c) 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.

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

B-3 MINIMUM AND MAXIMUM QUANTITIES

a) The Government shall meet the contract minimum of $100,000.00 through the issuance of task order(s), and inclusive of all direct costs, indirect costs, and profit/fee within the contract’s 10-year period of performance.

b) The maximum for the contract 10-year period of performance shall be any quantity or combination of supplies and services not exceeding $240,000,000.00 (inclusive of all direct costs, indirect costs, and profit/fee).

B-4 FIXED FULLY-LOADED HOURLY LABOR RATES

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

b) 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).

c) Government payment of indirect costs under cost-reimbursement arrangements, materials portion of time-and-materials arrangements, and any progress payments based on costs under fixed-price arrangements is described in Sections B-5 and B-6.

d) Section J-5, Pricing Tables, displays the negotiated fixed fully-loaded hourly labor rates for a 40-hour normal workweek and the negotiated fixed fully-loaded hourly labor rates for a 48-hour normal workweek.

e) The negotiated fixed fully-loaded hourly labor rates are in United States currency.

f) The negotiated fixed fully-loaded hourly labor rates apply to United States citizens only.

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

h) Each negotiated fixed fully-loaded hourly labor rate consists of an unloaded hourly labor rate, any direct-labor-related costs (e.g., fringe benefits, bonuses), 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 subpart 31.2 shall be allocated as an ODC (other direct cost) (under fixed-price and cost-reimbursement arrangements) or as a Material (under time-and-materials arrangements) at the task order level. Examples of such costs, if applicable, that shall be allocated as an ODC or Material are post hardship differential pay and danger pay.

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

j) At the task order level, the Contractor will be paid only at fully-loaded hourly labor rates that equal the respective negotiated fixed fully-loaded hourly labor rates.

k) The following describes the normal workweek for the Contractor and subcontractor employees:

1. The negotiated fixed fully-loaded hourly labor rates apply to a normal workweek of 40 or 48 hours, respectively.

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

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

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

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

6. If the normal workweek for an individual task order differs from a 40-hour or 48-hour normal workweek, the Government will solicit and negotiate labor rates based on the normal workweek for the individual task order. Such negotiated rates will apply only to that task order.

l) The negotiated fixed fully-loaded hourly labor rates apply only to the labor categories specified in Sections B-4(d). Any additional labor categories will be specified and their associated labor rates will be proposed and negotiated at the task order level. Additional labor categories and associated labor rates proposed and negotiated for an individual task order will apply only to that task order, unless additionally negotiated into the contract.

m) For labor-hour arrangements and the time portion of time-and-materials arrangements, the negotiated fully-loaded hourly labor rates will be fixed for the period of performance specified in the task order.

n) For labor-hour arrangements and the time portion of time-and-materials arrangements, the Government will pay, for each labor category, the negotiated fixed fully-loaded hourly labor rate for only performed labor that meets the labor qualifications specified in the contract and individual task order.

o) For labor-hour arrangements and the time portion of time-and-materials arrangements, labor hours for each labor category will be paid at the same negotiated fixed fully-loaded hourly labor rate regardless of whether the individual performing the labor works (either as an employee or consultant) for the prime contractor or a subcontractor.

p) For labor-hour arrangements and the time portion of time-and-materials arrangements, the Government will not pay fully-loaded hourly labor rates that differ from the negotiated fixed fully-loaded hourly labor rates.

q) For labor-hour arrangements and the time portion of time-and-materials arrangements, the Government will pay the negotiated fixed fully-loaded hourly labor 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).

B-5 PROVISIONAL BILLING 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 any progress payments based on costs under fixed-price arrangements.

b) Section J-5, Pricing Tables, displays the negotiated provisional billing indirect cost rates.

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

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

e) The Contractor shall be reimbursed:

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-6), the Contractor shall be reimbursed at the contract’s ceiling indirect cost rate.

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

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

B-6 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) Section J-5, Pricing Tables, displays the negotiated ceiling indirect cost rates.

c) The negotiated ceiling indirect cost rates will be compared to the respective established final indirect cost rates, and the Government shall pay the lesser of the negotiated ceiling indirect cost rates and the respective established final indirect cost rates. See Section B-5(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-7 TRAVEL COSTS

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

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

c) Travel costs are authorized 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.

d) 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).

e) 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).

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

g) When traveling in a POV for official travel, the Contractor shall be paid mileage costs at a rate that does not exceed the POV mileage rate established by the Internal Revenue Service.

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

1. such rentals are consistent with good business practice;

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

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

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

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

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

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

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

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

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

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

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

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

j) 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.

k) The following items concern passports and visas:

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

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

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

4. The Government will not reimburse the Contractor for travel expenses when travel is cancelled or modified as a result of the Contractor’s failure to obtain a visa.

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

l) 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.

m) If work under this contract will be performed at the Government site at the Department of State, 1038 South Patrick Drive, PAFB, FL or other State Annexes in the Melbourne, FL area, daily commuting time and expenses between a 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 a 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 a Department of State site).

n) 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 negotiated fixed-price is contingent upon Government acceptance of such explanation.

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

B-8 POST HARDSHIP DIFFERENTIAL PAY AND DANGER PAY

Post Hardship Differential Pay and Danger Pay, which are forms of incentive compensation, will be generally allowable. However, Government payment of such costs is contingent on the Contractor meeting all of the following requirements:

a) Paying Post Hardship Differential Pay and Danger Pay is part of the Contractor’s established incentive compensation plan or policy, or employer/employee agreement entered into in good faith before the services are rendered, pursuant to FAR 31.205-6(f)(1)(i) (Bonuses and Incentive Compensation).

b) When paying Post Hardship Differential Pay and Danger Pay is part of the Contractor’s established incentive compensation plan or policy, such plan or policy is followed consistently as to imply, in effect, an agreement to make such payment, pursuant to FAR 31.205-6(f)(1)(i) (Bonuses and Incentive Compensation).

c) The Contractor's basis for paying Post Hardship Differential Pay and Danger Pay is supported, pursuant to FAR 31.205-6(f)(1)(ii) (Bonuses and Incentive Compensation).

d) Payment of such costs is otherwise consistent with FAR subpart 31.2.

e) Payment will be made only for areas identified as Post Hardship Differential Pay areas and/or Danger Pay areas in Section 920 of the Department of State Standardized Regulations (DSSR).

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

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

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

g) Payment for a given workweek for an eligible employee will not exceed the dollar amount resulting from multiplying the applicable DSSR percentage by the employee’s basic compensation for the given workweek.

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. A normal workweek is defined in Section B-4(l).

l) Basic compensation included in the proposed and negotiated fixed-price under fixed-price arrangements will consist of each eligible employee’s proposed and negotiated base salary/unloaded compensation, respectively, for the task order period of performance.

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

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

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

p) Once an eligible employee has served 42 calendar days in the task order place of performance, payment of Post Hardship Differential Pay will be retroactive to day 1 served in the task order place of performance if the task order place of performance is in an area identified in Footnote N in the Post Classification and Payment Tables in Section 920 of the DSSR. Currently, Afghanistan and Iraq are the only such areas.

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-9 OVERTIME

1. The Government generally discourages overtime, so the Contractor agrees to use its best efforts to avoid (and when applicable, control) overtime. Overtime is defined as time worked in excess of the number of hours in a normal workweek.

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

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

1. “Travel time hours” consist of hours spent by the employee traveling to or from authorized work locations. See Section B-7(i) for further information.

1. A normal workweek is defined in Section B-4(l).

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

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

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

1. 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.

1. For labor-hour arrangements and the time portion of time-and-materials arrangements for Contractor employees other than those not exempt from the Fair Labor Standards Act, any Government payment for Contracting Officer-authorized-employee overtime will be made at the fixed fully-loaded hourly labor rates negotiated in the contract (or task order for host country/local nationals and third-country nationals) for normal workweek performance.

1. Any Government payment for Contracting Officer-authorized-employee overtime for Contractor employees not exempt from the Fair Labor Standards Act will be made at the following fixed fully-loaded hourly labor rates stated in Section J-5, Pricing Tables.

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

B-10 PROFIT PERCENTAGES

a) This section applies when profit is an applicable element (e.g., under fixed-price, labor-hour, and time portion of time-and-materials arrangements) and when:

i. proposing and negotiating new cost elements (e.g., new labor categories and other direct costs) in the contract or task order; and/or

ii. changes (i.e., additions and/or deletions) in negotiated contract or task order pricing occur.

b) Examples of this section’s applicability are when proposing and negotiating:

1. fixed fully-loaded hourly labor rates for labor categories not already identified in the contract or task order

2. fixed-price task orders

3. fixed-price line items in a task order

4. equitable adjustments under fixed-price task orders or line items in a task order

c) The following are the negotiated profit percentage(s):

Base Year:

Option Year 1:

Option Year 2:

Option Year 3:

Option Year 4:

Option Year 5:

Option Year 6:

Option Year 7:

Option Year 8:

Option Year 9:

B-11 FEE PERCENTAGES

a) This section applies when fee is an applicable element (e.g., under specific cost-reimbursement arrangements) and when:

1. Proposing and negotiating cost elements already identified in the contract (e.g., existing labor categories); and/or

2. proposing and negotiating new cost elements (e.g., new labor categories and other direct costs) in a task order; and/or

3. changes (i.e., additions and/or deletions) in negotiated task order pricing occur.

c) Examples of this section’s applicability are when proposing and negotiating:

1. cost-plus-fixed-fee task orders

2. cost-plus-fixed-fee line items in a task order

3. equitable adjustments under cost-plus-fixed-fee task orders or line items in a task order

d) The following are the negotiated fee percentage(s):

Base Year:

Option Year 1:

Option Year 2:

Option Year 3:

Option Year 4:

Option Year 5:

Option Year 6:

Option Year 7:

Option Year 8:

Option Year 9:

B-12 FIXED FEE

a) This section applies to cost-plus-fixed-fee task orders or cost-plus-fixed-fee line items in a task order.

b) If, pursuant to FAR 16.306(a) (Cost-Plus-Fixed-Fee Contracts), changes in the work to be performed under the task order or cost-plus-fixed-fee line item(s) occur [pursuant to FAR 52.243-2 (Changes – Cost-Reimbursement)], the Government and Contractor will adjust the negotiated fixed fee by multiplying the applicable negotiated fee percentage [see Section B-11(d)] to the sum of the new estimated direct costs and applicable indirect costs.

In such a case, applicable indirect costs will be calculated by multiplying the negotiated applicable provisional billing indirect cost rates (or established revised billing rates or final indirect cost rates, subject to negotiated ceiling indirect cost rates – see Sections B-5 and B-6) by the new estimated costs whose elements are included in the respective allocation bases identified in Sections B-5 and B-6.

c) The negotiated fixed fee for each performance period will be paid in monthly installments by dividing the negotiated fixed fee for the performance period by the number of months in the performance period, minus the applicable withholding of a fixed fee reserve pursuant to FAR 52.216-8(b) (Fixed Fee). However, full monthly payment is contingent upon the Contractor completing the task order’s requirements for the month to the satisfaction of the Contracting Officer [see FAR 16.306(d)(1) (Cost-Plus-Fixed-Fee Contracts)].

If the Contracting Officer is not satisfied, the Contractor will receive a pro-rata share of the monthly amount of the negotiated fixed fee for the month’s requirements to which the Contracting Officer issued his satisfaction. Any withheld fixed fee resulting from the Contracting Officer not issuing his satisfaction will be released to the Contractor when the Contractor completes the requirement(s) to the Contracting Officer’s satisfaction.

Contracting Officer’s satisfaction will be based on the Contractor meeting the acceptable quality levels, minimum satisfactory ratings, or otherwise minimum requirements identified in the task order.

B-13 SELECTED COST/PRICE-RELATED LAWS

a) This contract is subject to the Service Contract Act (SCA) of 1965, as amended (41 U.S.C 351, et seq.), because the principal purpose of the contract is to furnish services in the United States through the use of service employees. However, the SCA applies under this contract only for the portion of the work performed in the United States and only for the portion of the work performed by service employees, as defined in FAR 22.001 (Application of Labor Laws to Government Acquisitions – Definitions).

b) This contract is not subject to any coverage under the Cost Accounting Standards [Public Law 100-679 (41 U.S.C. 422)] because the Contractor is a small business.

c) The Truth in Negotiations Act (TINA) (10 U.S.C. 2306(a) and 41 U.S.C. 254b) did not apply for award of this contract. The Government did not require and rely upon certified cost or pricing data, as described in FAR subpart 15.4, for award of the contract because adequate price competition had been obtained. Instead, where applicable, the Government required and relied upon data other than certified cost or pricing data.

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

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

SECTION C – STATEMENT OF WORK

C-001 INL/A Program Office Support Statement of Work

Introduction:

The Bureau for International Narcotics and Law Enforcement Affairs, Office of Aviation (INL/A), interchangeably referred to as DoS Air Wing, provides aviation support for the eradication and interdiction of illicit drugs, training of contractor and host nation personnel, movement of personnel and equipment, reconnaissance, personnel recovery (PR), medical evacuation, security of personnel and equipment, and ferrying of aircraft.

Operational missions may include but are not limited to: aerial eradication, manual eradication support, interdiction support, air assault, border security, external load, forward resupply, aerial transportation of personnel and cargo, Search and Rescue (SAR), SAR/MEDEVAC, disabled aircraft recovery, armed helicopter escort, maintenance test flights, aerial reconnaissance, surveillance and verification. Applicable missions are performed by contractor personnel at CONUS and OCONUS.

These operations are accomplished…