Task_Order_1_Solicitation.11-25-2013.docx

SECTION J

ATTACHMENT 1, EXHIBIT A

To: OFFERORS

Subject: Sample Task Order Request for Proposal

Reference: Task Order Request Number 2013-0001

The Department of State requests you submit a cost/price proposal in response to the Performance Work Statement provided in Section J, Attachment 1, Exhibit B.

Anticipated Task Order Period of Performance:

The anticipated Task Order period of performance, which shall be used for pricing purposes, is:

Task Order Type The Government contemplates a performance-based (as defined in FAR subpart 37.6) hybrid task order type consisting of a firm-fixed-price portion (as defined in FAR 16.202) and a cost-plus-fixed-fee (completion form) portion (as defined in FAR 16.306).

Pricing Information

1) For price evaluation purposes for award of the contract, the Government is neither specifying nor soliciting costs or fixed fee associated with the cost-plus-fixed-fee portion of the contemplated task order. Such costs and fee will be specified or solicited prior to any award of this task order

2) At this time, the Government does not require submission of the build-up of the fully-loaded hourly labor rates proposed for performance by TCNs or LNs.

3) Certified cost or pricing data, as described in FAR subpart 15.4, are not required and relied upon for award of the Task Order because the Government anticipates adequate price competition. Instead, where applicable, the Government will require and rely upon data other than certified cost or pricing data.

Pricing Instructions

1) In Pricing Table 8, offerors shall complete the “Comply (Yes/No)” and “Proposal Reference” columns.

2) Offerors shall propose their summary prices for Task Order 1 in Pricing Table 9 in Attachment 5 of Section J.

3) In Pricing Table 9, offerors shall add or delete rows as necessary.

4) In Pricing Table 9, the proposed prices shall be in whole numbers (i.e., no decimals).

5) In Pricing Table 9, offerors shall identify in numerical ascending order the line item number from the Performance Work Statement in the “PWS Line Item #” column.

6) In Pricing Table 9, offerors shall submit proposed prices for each line item number, where applicable.

7) In Pricing Table 9, offerors shall identify the PWS title associated with the PWS line item number in the “PWS Title” column.

8) In Pricing Table 9, offerors shall enter the proposed price for labor in the “Services” column.

9) In Pricing Table 9, offerors shall enter the proposed price for other direct costs (ODCs) in the “Supplies” column.

10) In Pricing Table 9, offerors shall ensure that that the proposed subtotals under “Services” and “Supplies” include direct costs, indirect costs, and profit.

11) In Pricing Table 9, the Government provided formulas to calculate automatically each proposed Subtotal. Each formula is “Services” plus “Supplies.” However, offerors shall verify the arithmetic accuracy and make any necessary corrections.

12) In Pricing Table 9, the Government provided formulas to calculate automatically each proposed Total. Each formula is the “Sum of the Subtotals." However, offerors shall verify the arithmetic accuracy and make any necessary corrections.

13) In Pricing Table 9, the Government provided formulas to calculate automatically the Grand Total Proposed Price. The formula is "Sum of the Totals." However, offerors shall verify the arithmetic accuracy and make any necessary corrections.

14) In the Detail Pricing Tables (for Pricing Table 9), offerors shall assume that, for at least DBA Insurance purposes, overseas performance will be conducted in areas where there are no local worker’s compensation laws.

15) In the Detail Pricing Tables (for Pricing Table 9), offerors shall show for each task order year the breakdown of the proposed “Services” prices. The breakdown shall consist of at least the following:

a. PWS Line Item Number

b. PWS Title

c. CLIN (if applicable)

d. RFP-specified labor category (if applicable)

e. Internal labor category

f. Proposed fixed fully-loaded hourly labor rate

g. Identification of whether the proposed fixed fully-loaded hourly labor rate applies to labor performed by: 1) U.S. citizen; 2) Third-country National (TCN); and/or 3) Local National (LN)

h. Proposed hours

i. Subtotal

16) In the Detail Pricing Tables (for Pricing Table 9), offerors shall include in the proposed prices under “Services” only and all direct labor effort, associated applicable indirect costs, and associated profit (i.e., only the fixed-fully loaded hourly labor rates proposed in Pricing Table 5 and any fixed fully-loaded hourly labor rates proposed for TCNs and LNs, multiplied by the number of proposed hours).

17) In the Detail Pricing Tables (for Pricing Table 9), the proposed profit percentage used in the fully-loaded hourly labor rates proposed for performance by TCNs and LNs shall match the respective profit percentage proposed in Pricing Table 4.

18) In the Detail Pricing Tables (for Pricing Table 9), offerors shall show for each task order year the breakdown of the proposed “Supplies” prices. The breakdown shall consist of at least the following:

a. PWS Line Item Number

b. PWS Title

c. Description of each Supply/ODC

d. Proposed unit cost for each Supply/ODC

e. Unit of measurement for each Supply/ODC

f. Proposed units

g. Applicable indirect cost rate(s) description

h. Proposed applicable indirect cost rate(s)

i. Proposed indirect cost(s)

j. Proposed profit percentage

k. Proposed profit dollar amount

l. Subtotal

19) In the Detail Pricing Tables (for Pricing Table 9), offerors shall include in the proposed prices under “Supplies” only and all predictable prices that exclude direct labor effort, associated applicable indirect costs, and associated profit. Examples of “Supplies” are contractor-directed travel, equipment, software licenses, subscriptions, miscellaneous material, post hardship differential pay, danger pay, and DBA insurance.

Unpredictable supplies’ prices will be solicited and negotiated prior to any task order award under the cost-plus-fixed-fee portion of the Task Order. At a minimum for price evaluation purposes for award of the contract, the only unpredictable supplies shall be Government-directed travel, Aircraft Public and Passenger Liability insurance (see Section H-007), and Vessel Liability Insurance (see Section H-007).

20) In the Detail Pricing Tables (for Pricing Table 9), the proposed profit percentage used in the “Supplies” prices shall match the respective profit percentage proposed in Pricing Table 4.

21) In the Detail Pricing Tables (for Pricing Table 9), offerors shall show for each task order year the breakdown of the proposed contractor-directed travel costs (under “Supplies”). The breakdown shall consist of at least the following:

a. PWS Line Item Number

b. PWS Title

c. CLIN (if applicable)

d. RFP-specified labor category (if applicable)

e. Internal labor category

f. Traveler name (if known)

g. Title of traveler or relationship of traveler to Offeror (if traveler is known)

h. Purpose of trip

i. Proposed dates of travel (if known)

j. Proposed number of days of travel

k. Origin

l. Destination

m. Proposed airfare or train fare

n. Proposed lodging cost per night

o. Lodging per diem, as indicated in FTR, JTR, or DSSR

p. Proposed meals and incidental expenses (M&IE) cost per day

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

r. Proposed ground transportation cost per day

s. Proposed parking cost per day

t. Proposed tolls cost per day

u. Subtotal

Offerors 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. Offerors shall note in their proposal the respective methods used and/or intended to be used.

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, offerors shall submit with their task order proposal a memorandum explaining why a U.S.-flag air carrier service is not intended to be used. Inclusion of such costs in the awarded fixed-price is contingent upon Government acceptance of such explanation.

22) In the Detail Pricing Tables (for Pricing Table 9) (in electronic submission only), offerors shall show with formulas the arithmetic process by which they calculated their proposed costs and prices.

23) In Pricing Table 9 and the Detail Pricing Tables (for Pricing Table 9), offerors shall complete all applicable data cells.

24) In Pricing Table 9 and the Detail Pricing Tables (for Pricing Table 9) (in electronic submission only), offerors shall not hide or lock any rows, columns, or cells that contain proposed data.

25) In Pricing Table 9 and the Detail Pricing Tables (for Pricing Table 9), offerors shall propose all rates, costs, and prices in United States currency.

26) In the Narrative, offerors shall identify, based on Pricing Table 9, their:

a. proposed subcontractors;

b. total dollars estimated to be subcontracted to each proposed subcontractor;

c. total dollars estimated to be performed by the offeror; and

d. percentage of work (based on estimated total dollars) to be performed by the offeror and each proposed subcontractor.

27) In the Narrative, offerors shall identify the basis of estimate of the indirect cost rates proposed for other than the fixed fully-loaded hourly labor rates proposed in Pricing Tables 5 and 7.

28) In the Supporting Information, offerors, in accordance with FAR 15.404-3(b) (Subcontract Pricing Considerations), shall conduct, based on Pricing Table 9, appropriate cost or price analyses to establish the reasonableness of proposed subcontract prices, and shall include the results of these analyses.

a. Results shall be in the form of the cost/price analysis report(s), which shall include:

i. cost/price analysis technique(s) used (e.g., comparison of proposed prices received in response to the solicitation);

ii. summary findings;

iii. detailed findings; and

iv. basis for the determination of fair and reasonable proposed subcontract prices.

29) The subtotals in Pricing Table 9 shall match the subtotals in the Detail Pricing Tables (for Pricing Table 9).

Defense Base Act (DBA) Insurance

1. Effective July 22, 2012, the Department of State does not have a Department-wide contract for DBA insurance. Contractors may continue using DBA policies until they expire. Contractors requiring new DBA insurance may purchase new insurance policies directly from any DOL approved insurance provider. Approved providers can be found at the Department of Labor website http://www.dol.gov/owcp/dlhwc/lscarrier.htm; and

1. The following DOSAR provisions and clauses are suspended until further notice:

1. DOSAR 628.305 Overseas worker’s compensation and war-hazard insurance, paragraph (c);

1. DOSAR 652.228-70 Defense Base Act-Covered Contractor Employees, paragraph (d);

1. DOSAR 652.228-71 Worker’s Compensation Insurance (Defense Base Act) Services, paragraph (b), (c), (d), (e), (f) and Alternate I; and

1. DOSAR 652.228-74 Defense Base Act Insurance Rates-Limitation-Fixed Price (entire clause).

Offerors are advised that “task order” replaces “contract” in the following provision (DOSAR 652.228-70).

DOSAR 652.228-70 Defense Base Act — Covered Contractor Employees

(a) Bidders/offerors shall indicate below whether or not any of the following categories of employees will be employed on the resultant contract, and, if so, the number of such employees:

(1) United States citizens or residents

(2) Individuals hired in the United States, regardless of citizenship

(3) Local nationals or third country nationals where contract performance takes place in a country where there are no local workers’ compensation laws

Local nationals: ________

Third country nationals:___

(4) Local nationals or third country nationals where performance takes place in a country where there are local worker’s compensation laws

Local nationals: _______

Third country nationals:___

(b) The contracting officer has determined that for performance in the countries covered under this task order:

Workers’ compensation laws exist that will cover local nationals and third country nationals.

(X) Workers’ compensation laws do not exist that will cover local nationals and third country nationals.

(c) If the bidder/offeror has indicated “yes” in block (a)(4) of this provision, the bidder/offeror shall not purchase Defense Base Act insurance for those employees. However, the bidder/offeror shall assume liability toward the employees and their beneficiaries for war-hazard injury, death, capture, or detention, in accordance with the clause at FAR 52.228-4.

(End of provision)

DOSAR 652.228-71 Worker’s Compensation Insurance (Defense Base Act) - Services

(a) This clause supplements FAR 52.228-3. For the purposes of this clause, “covered contractor employees” includes the following individuals:

(1) United States citizens or residents;

(2) Individuals hired in the United States or its possessions, regardless of citizenship; and

(3) Local nationals and third country nationals where contract performance takes place in a country where there are no local workers’ compensation laws.

(g)(1) Section 16 of the State Basic Authorities Act (22 U.S.C. 2680a), as amended, provides that the Defense Base Act shall not apply with respect to such contracts as the Secretary of State determines are contracts with persons employed to perform work for the Department of State on an intermittent basis for not more than 90 days in a calendar year. “Persons” includes individuals hired by companies under contract with the Department. The Procurement Executive has the authority to issue the waivers for Contractor employees who work on an intermittent or short-term basis.

(2) The Contractor shall submit waiver requests to the contracting officer. The request shall contain the following information:

(i) Contract number;

(ii) Name of Contractor;

(iii) Brief description of the services to be provided under the contract and country of performance;

(iv) Name and position title of individual(s);

(v) Nationality of individual(s) (must be U.S. citizen or U.S. resident);

(vi) Dates (or timeframe) of performance at the overseas location; and,

(vii) Evidence of alternative workers’ compensation coverage for these employees (e.g., evidence that the State workers’ compensation program covers workers on short-term foreign assignments).

(3) The contracting officer shall provide to the Contractor the original of the approved or disapproved document and maintain a copy in the contract file.

(End of clause)

Technical Evaluation

The Government will evaluate the non-price related proposal(s) to ensure that the Contractor can satisfy the non-price-related requirements of the Task Order in accordance with Section M.

Price Evaluation

The Government will conduct an evaluation to determine ultimately that the final agreed-to price from Pricing Table 9 is fair and reasonable.

The Government will use one or more of the proposal analysis techniques stipulated in FAR 15.404 to conduct the evaluation.

The Government will use the pricing information proposed in Pricing Table 9 for price evaluation purposes only. The Government does not commit to paying the proposed or evaluated firm-fixed-price or any breakdown thereof.

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