SAQMMA16R0197_-_Sections_B-M_(A003_-_Track_Changes).docx

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 OVERVIEW

The Department of State (DOS), Bureau of African Affairs, has an ongoing need for Professional Service employees, as defined in 29 CFR 541, to provide OCONUS advisory and reporting services.

Under this Contract, the Contractor shall provide advisory and technical support to African countries and organizations, as well as to U.S. Embassy country teams, to include: advisory services to Host Governments, security force units, and security organizations in Sub- Saharan Africa, as defined at the Task Order level; advisory services to U.S. Embassy country teams, as defined at the Task Order level; Site Coordinator Services, to monitor and observe Contractors and grantees at locations to be determined at the Task Order level; logistics support services and life-support for all personnel performing under this contract; detailed reports to the Bureau of African Affairs, as required by Data Deliverables at the Task Order level; assisting the Bureau of African Affairs in planning and facilitating conferences; qualified professional service employees to meet the mission objectives of Bureau of the African Affairs.

B.2 TYPE OF CONTRACT

a) This is an 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 services and supplies. Specific tasks or work to be performed will be clearly identified at the task order level.

c) The contract type(s) for an individual task order will be one or a combination identified in FAR part 16 (Types of Contracts), depending on one or more of the factors identified in FAR 16.104 (Factors in Selecting Contract Types). To the extent practicable advisory services and logistics shall be awarded on a fixed-price basis.

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.

e) This acquisition will be 100% set aside for Service-Disabled Veteran-Owned Small Business Concerns.

B.3 MINIMUM AND MAXIMUM CONTRACTQUANTITIES

a) The Government shall meet the contract minimum of $15,000 (inclusive of all direct costs, indirect costs, and profit/fee) through the issuance of task order(s) within the contract’s period of performance. The minimum quantity applies to each contract.

b) The maximum quantity for the contract’s period of performance, including any extension(s), shall be any quantity or combination of supplies and services not exceeding $500,000,000 (inclusive of all direct costs, indirect costs, and profit/fee). The maximum quantity is cumulative among all contracts.

B.4 NOT-TO-EXCEED (NTE) FULLY-LOADED HOURLY LABOR RATES

a) This section applies to labor-hour, the time portion of time-and-materials, and firm-fixed-price task orders or line items in task orders.

b) The following table displays the negotiated not-to-exceed (NTE) fully-loaded hourly labor rates for a 48-hour normal workweek:

CLIN

Labor Category

Base Year

c) The labor category description for each labor category identified in Section B.4(b) is located in Attachment A – Labor Categories.

d) The negotiated NTE fully-loaded hourly labor rates are in United States currency.

e) The negotiated NTE fully-loaded hourly labor rates apply only to individuals who have legal status to work in the United States of America (e.g., United States citizens, United States resident aliens, and individuals with permits showing authorization to work in the United States).

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

g) Each negotiated NTE fully-loaded hourly labor rate consists of an unloaded hourly labor rate, any labor-related direct costs (e.g., direct fringe benefits, direct bonuses), applicable indirect costs, and profit amount. It does not include 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 separately as an ODC (other direct cost) (under fixed-price and cost-reimbursement task orders or line items in task orders or as a Material (under time-and-materials task orders or line items in task orders) at the task order level. Examples of such costs, if applicable, that shall be allocated separately as an ODC or Material, are post hardship differential pay and danger pay.

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

i) At the task order level, the Government will specify and/or allow the Contractor to propose the labor categories required for a given task order’s performance. Contract-specified categories shall be used when applicable.

j) At the task order level, the Contractor will be given an opportunity to propose fully-loaded hourly labor rates that match or are lower than the respective negotiated NTE fully-loaded hourly labor rates. The Contractor will be paid only at fully-loaded hourly labor rates that are equal to or are less than the respective negotiated NTE fully-loaded hourly labor rates.

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

1. A normal workweek falls within a consecutive seven-day period.

2. The negotiated NTE fully-loaded hourly labor rates apply to a normal workweek of 48 hours.

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

4. If the normal workweek for an individual task order differs from a 48-hour normal workweek, both parties will negotiate labor rates based on the normal workweek for the individual task order. Such negotiated rates will apply only to that task order, unless additionally negotiated into the contract.

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

m) For labor-hour and the time portion of time-and-materials of task orders or line items in task orders:

1. The Government will pay the awarded fixed fully-loaded hourly labor rate and only for performed labor that meets the labor qualifications specified in the contract and/or individual task order.

2. Labor hours for each labor category will be paid at the same awarded 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.

3. Government will pay the awarded fixed fully-loaded hourly labor rates multiplied by the respective actual incurred hours that the Contracting Officer determines allowable, pursuant to FAR 52.232-7 (Payments under Time-and-Materials and Labor-Hour Contracts).

4. The Government will pay the negotiated fixed fully-loaded hourly labor rate minus ___% (to be inserted at contract award) attributable to profit for those hours the Contractor incurs when replacing or correcting services or materials [reference FAR 52.246-6 (Inspection – Time-and-Material and Labor-Hour)].

n) For task orders or line items when payment is made on a fixed-price basis, each awarded fully-loaded hourly labor rate will be fixed for the period of performance to which it applies. The Government will not consider a request for equitable adjustment or claim associated with a desired change to such rate.

o) For direct labor costs when payment is made based on actual costs incurred (e.g., cost-reimbursement, materials portion of time-and-materials, and progress payments based on costs under fixed-price task orders or line items in a task order), the Government will pay the actual incurred unloaded hourly labor rates multiplied by the respective actual incurred hours, subject to the Contracting Officer’s allowability determination, pursuant to FAR 31.201-2 (Determining Allowability).

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

B.5 PROVISIONAL BILLING INDIRECT COST RATES

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

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

c) The Contractor may recover, if consistent with FAR subpart 31.2 and the Contractor’s established (or disclosed, if contract is Cost Accounting Standards-covered) 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 (CFAO); 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 CFAO.

f) After any additional (other than just a name change) indirect cost rate description has been approved in writing by the Contractor’s CFAO, negotiation of provisional billing indirect cost rates and ceiling indirect cost rates associated with such description will occur after the CFAO has issued his prior written approval of such description.

g) If any revised billing indirect cost rate or final indirect cost rate(s) established by the Contractor’s CFAO 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.

h) The Contractor shall make no change to its established (or disclosed, if contract is Cost Accounting Standards-covered) method of classifying or allocating indirect costs without the prior written approval of the Contractor’s CFAO.

i) 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 task orders or line items , materials portion of time-and-materials task orders or line items, and any progress payments based on costs under fixed-price task orders or line items.

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

Allocation Base Contractor Fiscal Year Period

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(g) 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 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) Local travel shall be processed as follows:

If the Government requires a Contractor employee to work an entire normal work day at a site other than the employee’s local place of performance (official duty station) and the radius between the two locations is within 50 miles, travel costs are generally allowable, but only for any difference in costs between the employee’s normal daily commuting expense and commuting expense resulting from the most economical means of transportation available to the employee after considering: any physical or medical needs of the employee; and mission requirements.

4. Payment for time associated with such travel is unallowable.

4. If the Government requires a Contractor employee to work part of a normal work day at a site other than the Contractor employee’s local place of performance (official duty station) and the radius between the two locations is within 50 miles, all travel costs are generally allowable, but only for those costs resulting from the most economical means of transportation available to the employee after considering: any physical or medical needs of the employee; and mission requirements.

For this section, “part of a normal work day” is one in which the employee arrives at the start of his normal work day to his local place of performance (official duty station) and departs at the end of his normal work day from his local place of performance (official duty station). An example is an employee having to attend a meeting at a Department of State site in the middle of the work day.

Payment for time associated with such travel is generally allowable as long as such time is counted as part of the employee’s normal work day.

4. If the Government requires a Contractor employee to work part of a normal work day at a site other than the employee’s local place of performance (official duty station) and the radius between the two locations is within 50 miles, travel costs are generally allowable, but only for any difference in costs between the employee’s normal daily commuting expense and commuting expense resulting from the most economical means of transportation available to the employee, after considering: any physical or medical needs of the employee; and mission requirements.

For this section, “part of a normal work day” is only one of the following:

a. one in which the employee arrives at the start of his normal work day to his local place of performance (official duty station); or

b. one in which the employee departs at the end of his normal work day from his local place of performance (official duty station).

An example is an employee having to attend an all-morning local meeting and returning afterwards to his local place of performance (official duty station).

Payment for time associated with going from the employee’s local place of performance (official duty station) to a site other than the employee’s local place of performance (official duty station) is generally allowable as long as such time is counted as part of the employee’s normal work day.

Payment for time associated with returning from a site other than the employee’s local place of performance (official duty station) to the employee’s local place of performance (official duty station) is generally allowable as long as such time is counted as part of the employee’s normal work day.

e) No travel costs (or associated labor time during travel) shall be allowable for regular commuting or 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).

g) 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 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.

j) 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.

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, and where the Government has determined that such failure is due to the action or inaction of the Contractor.

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 beyond the control of the Contractor.

m) Pursuant to FAR 47.402, 47.403, and the Fly America Act, the Contractor shall use a U.S.-flag air carrier service unless an exception exists. If such conditions exist under a fixed-price task orders or line items in task orders, 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 task orders or line items in task orders when payment is made based on actual costs incurred, 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:

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

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

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 upon task order award if feasible) under fixed-price task orders or line items in task orders.

i) The applicable DSSR percentage will be the DSSR percentage effective at the time of task order performance when payment is made based on actual costs incurred.

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:

1. benefit the task order; and/or

2. be an equitable amount that is necessary to support 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(j).

l) Basic compensation included in the under fixed-price task orders will consist of each eligible employee’s negotiated base salary/unloaded compensation 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.

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.

o) 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 not be retroactive to days previously served unless paragraph “q” 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.

q) 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.

r) Payment of Post Hardship Differential Pay for an eligible employee will conclude when the eligible employee departs the task order place of performance, unless such departure is to another Post Hardship Differential Pay area during paid time off.

s) For Post Hardship Differential Pay, when an eligible employee has not yet served 42 calendar days and returns to the task order place of performance after an absence from the task order place of performance, the number of days served resumes on the day of return. For example, if an eligible employee served 30 calendar days in the task order place of performance and departed the task order place of performance for 14 days, the day of return (day 44) will be considered day 31 of days served.

t) Payment of Danger Pay for an eligible employee will commence on the day of arrival in the task order place of performance and conclude on the day of departure from the task order place of performance, unless such departure is to another Danger Pay area during paid time off.

B.9 DEFENSE BASE ACT (DBA) INSURANCE

a) DBA Insurance costs are generally allowable for performance outside the United States, but only for covered Contractor and subcontractor employees. The following are covered Contractor and subcontractor employees:

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

c) In addition, DBA Insurance costs are generally allowable for performance outside the United States, but only when such costs accord with the terms of the Contractor’s DBA Insurance policy, law, and regulation.

d) The Contractor’s DBA Insurance policy shall be with a carrier approved by the United States Department of Labor to provide DBA Insurance, or the Contractor shall be a self-insured employer authorized by the United States Department of Labor to provide DBA Insurance.

B.10 OVERTIME

a) The Contractor agrees to perform this contract, so far as practicable, without using overtime, particularly as a regular employment practice, except when lower overall costs to the Government will result or when it is necessary to meet urgent program needs [reference FAR 22.103-2 (Overtime – Policy)].

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

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

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

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

f) A normal workweek is defined in Section B.4(j).

g) For fixed-price task orders or line items in a task order, the Government will not pay for overtime.

h) The following applies to cost reimbursement task orders or line items in a task order the materials portion of time-and-materials task orders or line items:

1. Government payment for overtime must be authorized in advance of any Contractor employee’s performance of overtime and in writing by the Contracting Officer when the Contractor requests an overtime premium cost that exceeds $0.00. Such request shall be submitted in writing to the Contracting Officer and shall address each item under FAR 52.222-2(b) (Payment for Overtime Premiums).

2. Evidence showing the Contracting Officer’s approval shall be sent with each invoice on which overtime containing a premium cost that exceeds $0.00 is being billed.

3. Advance Government authorization for any Contractor employee’s performance of overtime is not required when the overtime premium cost does not exceed $0.00.

4. Unless advance authorization has been granted pursuant to Section B.10(h)(1), any Government payment for Contractor employee overtime will be made at the actual incurred straight-time hourly labor rate that the Contractor pays the Contractor employee and determined allowable by the Contracting Officer, pursuant to FAR 31.201-2 (Determining Allowability).

5. Government payment for overtime must not conflict with any Contractor uncompensated overtime policy or practice. If the Contractor has such a policy or practice, the Government will not compensate the Contractor for overtime costs in accordance with such policy or practice.

i) The following applies to labor-hour and the time portion of time-and-materials task orders or line items in a task order:

1. Government payment for overtime will be made at the fixed fully-loaded hourly labor rates negotiated in the task order.

2. When Government payment for overtime is made at the fixed fully-loaded hourly labor rates negotiated in the task order, such payment applies only to: a) Contractor employees exempt from the Fair Labor Standards Act (FLSA) and who perform overtime in the geographical areas applicable to FLSA; and b) all Contractor employees who perform overtime outside the geographical areas applicable to FLSA.

3. Advance Government authorization for any Contractor employee’s performance of overtime is not required when Government payment is at the fixed fully-loaded hourly labor rates negotiated in the task order.

4. Government payment for overtime for Contractor employees not exempt from the Fair Labor Standards Act and who perform overtime in the geographical areas applicable to FLSA will be made at fixed fully-loaded hourly labor rates (negotiated in the task order) that match or are less than the following NTE fully-loaded hourly labor rates:

NTE Fully-Loaded Hourly Labor Rates for Overtime under 48-hour Normal Workweek

CLIN

Labor Category

Base Year

5. The premium portion of the fixed fully-loaded hourly labor rates negotiated in the task order will be reimbursable only to the extent that the overtime is approved in advance and in writing by the Contracting Officer [reference FAR 52.232-7(a)(8) (Payments under Time-and-Materials and Labor-Hour Contracts)].

The Contractor’s request to the Contracting Officer for overtime approval shall identify the rationale for such request.

Evidence showing the Contracting Officer’s approval shall be sent with each applicable invoice.

6. The following is the premium portion of the negotiated NTE fully-loaded hourly labor rates in Section B.10(i)(4):

Premium Portion of NTE Fully-Loaded Hourly Labor Rates for Overtime under 48-hour Normal Workweek

Labor Category

Base Year

7. The premium portion negotiated in Section B.10(i)(6) includes applicable indirect costs and profit.

8. The premium portion of the fixed fully-loaded hourly labor rates negotiated in the task order will be commensurate with the discount, if any, of the NTE fully-loaded hourly labor rates negotiated in Section B.4(b). The following is an example:

Section B.4(b) NTE Fully-loaded Rate

(a) Fixed Fully-loaded Rate for Task Order

(b) % Discount

(c) = 1 – (b/a) Section B.10(i)(4) NTE Overtime Fully-loaded Rate

(d) Section B.10(i)(6) NTE Premium Portion of Section B.10(i)(4) NTE Overtime Fully-loaded Rate

(e) Premium Portion of Fixed Fully-loaded Rate for Task Order

(e) – [(c) x (e)]

9. Government payment of overtime will be made only if the Contractor compensates the Contractor employee for the employee’s overtime performance. While Contractor payment does not have to be at the unloaded hourly labor rate (and premium, if applicable) comprising the negotiated fixed fully-loaded hourly labor rate, Contractor payment of total dollars to the employee for the given workweek must reflect an amount that exceeds the compensation paid to the employee for a normal workweek.

B.11 NOT-TO-EXCEED (NTE) UNIT PRICES FOR EQUIPMENT

a) This section applies to the fixed price under fixed-price task orders and line items.

b) The following table displays the negotiated NTE unit prices (to be inserted at contract award):

Description

Base Year

(see FAR 52.217-8)

c) The descriptions of the direct equipment are located in Attachment B in Section J.

d) The negotiated NTE unit prices are based on a quantity of one and otherwise as described in Attachment B in Section JD.

e) The negotiated NTE unit prices are in United States currency.

f) Each negotiated NTE unit price consists of the equipment’s direct costs, applicable indirect costs, and profit.

g) Any costs included in the negotiated NTE unit prices shall not be charged elsewhere under this contract.

h) At the task order level, the Contractor will be given an opportunity to propose unit prices that match or are lower than the respective negotiated NTE unit prices. The Contractor will be paid only at unit prices that are equal to or are less than the respective negotiated NTE unit prices.

i) The negotiated (or discounted negotiated) NTE unit prices will be paid regardless of whether the direct equipment is provided by the prime contractor, subcontractor, or other entity.

The unit prices awarded as part of an individual task order will also apply to any equitable adjustment to the task order.

B.12 SELECTED CONTRACT LINE ITEM NUMBERS (CLINS) AND SUB-CLINS

a) The following CLINs and shall be used for the following respective descriptions at the task order level:

Direct Labor

Other Direct Costs (ODCs)/Direct Materials

Direct Equipment

b) The Contracting Officer will identify any additional CLINs at the task order level.

B.13 SELECTED COST/PRICE-RELATED LAWS

a) This contract is not subject to the Service Contract Labor Standards statute (41 U.S.C. Chapter 67), because the purpose of the contract is not to furnish services in the United States through the use of service employees.

b) The Truthful Cost or Pricing Data statute (41 U.S.C. Chapter 35) does not apply for award of this contract. The Government does not require and rely upon certified cost or pricing data, as described in FAR subpart 15.4, for award of the contract because adequate price competition had been obtained. Instead, where applicable, the Government required and relied upon data other than certified cost or pricing data.

However, the Truthful Cost or Pricing Data statute 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 non-competitive 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 FAR edition effective at the time of the Government requiring the Contractor to provide certified cost or pricing data.

B.14 ADVANCE UNDERSTANDING

a) At the task order level, when payment is made based on actual hours or costs incurred, the Government will not reimburse costs for cost elements for which there were no estimated costs. Any exceptions must be issued by the Contracting Officer.

b) The negotiated prices for each task order include all costs associated with local laws. If a change in a local law(s) or new local law(s) occurs after task order award, the Government will consider a request for equitable adjustment.

Any adjustment will be limited to reflect the Contractor’s actual increase or decrease in applicable wages and other costs to the extent that the increase is made to comply with the changed or new local law(s), or the decrease is voluntarily made by the Contractor while complying with the changed or new local law(s), respectively.

For example, the prior year local law required a minimum wage rate of $4.00 per hour. The Contractor chose to pay $4.10 per hour. The changed local law increases the minimum rate to $4.50 per hour. Even if the Contractor voluntarily increases the rate to $4.75 per hour, the allowable price adjustment is $.40 per hour ($4.50 minus $4.10).

c) While compensation costs and compensation-related taxes that are a liability of the Contractor are generally allowable, income taxes on compensation costs are unallowable when such taxes are a liability of the employee and not the Contractor. When a host country’s law(s) requires the Contractor to pay applicable host entities any income taxes that are the liability of the employee, the Contractor’s costs to administer such payment are generally allowable and shall be allocated directly at the task order level.

d) Where indirect cost rates are negotiated in the contract, such information will be used in each resulting task order, as specified in the contract, according to the Contractor’s fiscal year period.

e) Where labor rates, profit percentages, unit prices, and overtime premiums are negotiated in the contract, such information will be used in each resulting task order, as specified in the contract, according to the contract’s period of performance.

For example, if the contract’s base period is March 11, 2015 through March 10, 2016, and a task order’s base period is January 1, 2016 through December 31, 2016, the contract’s base period’s pricing information will be used in the task order from January 1, 2016 through March 10, 2016, and the contract’s option period one pricing information will be used for the remainder of the task order’s base period (from March 11, 2016 through December 31, 2016).

Consistent with the foregoing and for example, the Contractor, for a given task order period, may apply either: 1) the NTE or a discounted NTE fully-loaded hourly labor rate from the first contract period that covers the applicable task order period, and the second NTE or a discounted NTE fully-loaded hourly labor rate from the next contract period that covers the remaining applicable task order period; or 2) the NTE or a discounted NTE fully-loaded hourly labor rate from either contract period, but such rate shall not exceed both respective contract period’s NTE fully-loaded hourly labor rates.

f) If any task order period of performance exceeds the expiration date of the contract, the Government will pay the rates, prices, and percentages negotiated in the task order for such period. However, the Government will pay during such period any labor rates or prices that have been adjusted in accordance with any applicable terms contained in this contract.

SECTION C – DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 Background The Department of State (DOS), Bureau of African Affairs, has an ongoing need for Professional Service employees, as defined in 29 CFR 541, to provide OCONUS advisory and reporting services. The Bureau of African Affairs anticipates services will include the following activities:

1) Provide advisory services to Host Governments, security force units, security organizations, and U.S. Embassy country teams in Sub- Saharan Africa, as defined at the Task Order level.

2) Provide Site Coordinator Services, to monitor and observe Contractors and grantees at locations to be determined at the Task Order level.

3) Provide logistics support services and life-support for all personnel performing under this contract.

4) Provide detailed reports to the Bureau of African Affairs, as required by Data Deliverables at the Task Order level.

5) Assist the Bureau of African Affairs in planning and facilitating conferences.

6) Provide qualified professional service employees to meet the mission objectives of Bureau of the African Affairs.

In the following sections, the term “country team” shall be defined as the interagency U.S. Government personnel operating within the relevant U.S. Embassy or Mission, and who come under Chief of Mission authority.

C.2 Core Activities for Advisory Services The contractor shall provide advisory services. The contractor shall provide advisors to provide guidance and assistance to African or international partners. Section C.2 includes examples of the advisory services under the IDIQ; however, the following sections are not an exhaustive list of all the services that might be required under this IDIQ. Additional advisory services may be determined at the task order level. All supplies and services that may properly support the work described in Section C.2 are within the scope of this contract.

Security Sector Reform

Maritime Security

Professional Development Programs

Budgeting and strategic planning

Development of operational combat training centers

Military staff

Military justice

Military intelligence

Force development and management

Organizational assessment design and structuring

Evaluations and assessments

Logistics support and equipment maintenance

Doctrine development

Peacekeeping and humanitarian affairs/aid

Counterterrorism

Law Enforcement

Inspector General institutions

Professional military education systems/training institutions

Counter-insurgency

Military/security forces pay and human resources systems

Information operations

Intelligence analysis/collection

Cease-fire monitoring/verification processes

Human rights/Protection of civilians

Law enforcement

Conference facilitation, e.g., maritime security conference

Project monitoring and surveillance

The contractor shall be prepared to post advisors within Host Government institutions, organizations, and military units, including units deployed on operations. The advisors shall be subject matter experts in one or more of the above core elements, as dictated by the unique requirements under each Task Order. Additional elements for advisory services may be determined at the Task Order level. The advisors shall be required to advise and mentor Host Government officials and personnel on one or more of the core elements listed above or additional elements identified at the Task Order level. It should be anticipated that advisory Task Orders will be of extended duration, although exact deployment durations will be determined at the Task Order level. Although the exact requirements will vary at the Task Order level, generally advisors shall be expected to:

• Assist the Host Nation institutions/organizations/units to develop professional, effective, and accountable systems and doctrine related to the critical elements above.

• Assist the Host Nation to apply the skills acquired during previous training events in real-world and operational settings.

• Assist the Host Nation personnel in adapting their tactics, techniques, and procedures to reflect changes in the operational environment.

While some advisory support activities may take place in a traditional office setting, others will require that the contracted advisors operate primarily in the field alongside the Host Nation forces. The contractor shall still be prepared to support its contracted advisory teams with the full range of equipment (including computers, personal protective equipment, and reliable and secure communications), transportation (air, sea, and ground), and life-support services (shelter, rations, potable water, medical supplies, and medical evacuation services) required to carry out advisory activities in austere and dangerous conflict and post-conflict environments. It should be expected that the Host Nation forces will provide only force protection to the contracted advisory personnel.

C.3 Site Monitoring The contractor shall provide personnel capable of providing monitoring and observation services for all U.S. Government contractors and grantees within a specified place of performance. The place of performance for each Site Coordinator (SC) will be specified at the Task Order level.

The SC serves as an in-country observer to assist the Contracting Officer's Representative providing contract surveillance. The SC monitors contractor performance of technical requirements, provides findings and recommendations to the COR and assists in the implementation of COR-approved changes. The SC is not authorized to direct the contractor to begin work, adjust funding levels, alter periods of performance, authorize deviations from Government requirements, provide technical direction, direct the contractor to take any action, or otherwise modify the task order.

C.4 Logistics Support Services The contractor shall be tasked to perform a broad range of logistics and support services. The supplies and services identified in Section C.4 are not an exhaustive list of all logistic support services required under this IDIQ. Additional logistical support supplies and services may be determined at the task order level. All supplies and services that may properly support the work described in Section C.4 are within the scope of this contract.

C.4.1 Transportation Provide ground, sea, and aviation transportation services. The contractor shall provide all required support necessary to transport advisors and operational equipment to destinations required by the Task Order, to include labor, parts, material, fuel, transportation, drivers, and supervision. Transportation services will be designed to support mission requirements in the preparation and sustainment of operations. Individual Task Order requirements may require transportation to/from/between sites with underdeveloped infrastructure (e.g. dirt runways, poorly maintained roads). The contractor shall be prepared to provide transportation support, to include:

• Procurement of vehicles and drivers, both through leasing/rental arrangements and direct procurement

• Procurement of charter flights and commercial airfare for advisors and monitors.

• Transportation of equipment (to include vehicles, personal protective equipment, communications, and information technology equipment)

• Provision of medical evacuation support for personnel under this contract.

C.4.2 Operational Equipment Provide operational equipment in support of mission requirements. The contractor will be required to deliver the equipment directly to the mission area, using a combination of sea, air, and ground transportation as required. Equipment shall be delivered in fully operable condition, along with any spare parts specified at the individual Task Order level. All equipment provided shall be appropriate for use in austere, conflict and post-conflict environments in sub-Saharan Africa. Operational equipment requirements may include:

Global positioning systems

Accommodations equipment for contractor personnel (including tentage, containerized housing units, cots, storage).

Personal protective equipment (including helmets and body armor)

IT Equipment (including laptops, printers, scanners, copiers, and digital cameras)

Communications equipment (including VHF and HF communications, satellite phones, and cell phones)

C.4.3 Sustainment Services Provide sustainment services in support of mission requirements. For the majority of Task Orders, the contractor will be able to source all sustainment services through the local economy, but the contractor shall be prepared to provide these services in austere conflict and post-conflict environments in sub-Saharan Africa. The contractor shall be required to provide all labor, parts, material, fuel, transportation, drivers, and supervision necessary to execute these tasks. Constant coordination and collaboration with Host Nation/Partner Nation/regional mission leadership will be required in order to execute these tasks such that they address all mission requirements in a rapidly shifting operational environment. Sustainment services may include:

Laundry services

Provision…