Section B - Supplies and Services.docx

Global Canine Services (GCS) IDIQ Contract Section B

U.S. DEPARTMENT OF STATE

GLOBAL CANINE SERVICES (GCS) IDIQ

SECTION B

SUPPLIES AND SERVICES

Version: 4/26/2022

Contents

B-001 TYPE OF CONTRACT

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

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).

The resultant contracts will be for non-commercial items. All specific requirements and contract types are defined at the task order (TO) level. 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-002 MAXIMUM CONTRACT AMOUNT

Per FAR 52.216-22 “INDEFINITE QUANTITY,” the minimum for this indefinite quantity contract is any quantity or combination of supplies and services equal to the amount of $1,000.00 The maximum for this indefinite quantity contract (including options) is any quantity or combination of supplies and services not to exceed $450,000,000.00.

B-003 COSTS/PRICES

1) Individual CLIN and pricing structures shall be determined at the task order level based on requirements and shall be based on the Attachment 17 – Pricing Schedule. Labor for task orders (TO) shall be based on established fixed hourly labor rates for CONUS labor categories and daily OCONUS rates for the base and the four (4) option periods. The Contractor shall only bill for hours actually worked.

2) Other direct costs (ODCs), Defense Base Act (DBA) Insurance, uplifts, and travel shall be determined at the TO level based on specific task order requirements.

3) All labor categories are stationed CONUS unless stated otherwise.

4) Labor categories stationed CONUS shall expect a standard/productive workweek to consist of forty (40) hours per week. Actual personnel schedules, and timeline submission thereof, shall be determined at the TO level with approval of the Contracting Officer’s Representative.

5) Labor categories stationed OCONUS shall have their standard/productive workweek (hours per day/days per week) defined at the TO level. The hourly rates, as defined in Attachment 17 – IDIQ Pricing Schedule, shall be utilized to determine the daily rate at the TO level.

6) Sub-CLINs X030 and X031 are labor categories stationed permanently OCONUS but serving in a TDY status for training/consultations CONUS and shall be invoiced at the rate of labor categories X024 and X026, respectively.

7) All labor categories regardless of duty station and defined work schedule shall be available for work 24 hour per day, 7 days per week.

B-004 PRICING FOR LABOR

1) This contract contains negotiated not-to-exceed (NTE) fully burdened labor prices for all labor positions. The fully burdened labor rates, as defined in Attachment 17 – IDIQ Pricing Schedule, include all direct, indirect, general, administrative costs, and profit associated with providing the required skills. The fully-burdened labor rates are not to exceed rates and include all labor and labor related costs, such as, but not limited to, the following list of representative labor-related costs: salaries, wages, bonuses to include stock bonuses, incentive awards, employee stock options, stock appreciation rights, employee stock ownership plans, employee insurance, fringe benefits, contributions to pension, other post-retirement benefits, annuity, employee incentive compensation plans, incentive pay, shift differentials, vacation time, sick pay, holidays, and all other allowances based upon a comprehensive employee compensation plan.

2) A normal/standard/productive workweek for workers 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), consists of 40-hours in the U.S. (CONUS). For workers serving OCONUS, a standard/productive workweek (hours per day/days per week) shall be determined at the TO level based upon the established hourly rates in the Attachment 17 – IDIQ Pricing Schedule.

3) All personnel serving under this IDIQ, both CONUS and OCONUS, shall be available for work 24hrs/day, 7days/week regardless workweek schedule.

4) The use of uncompensated overtime is not encouraged.

B-004.1 PRICING FOR CONUS POSITIONS

1) The normal/standard/productive workweek for CONUS personnel shall consist of forty (40) per week. However, all CONUS personnel shall be available 24hrs day/7days week. The fully loaded hourly labor price for Contractor personnel filling CONUS positions shall be based on a forty (40) hour workweek.

2) Any additional work required shall be billed as additional and emergency (A&E) hours, as established in Attachment 17 – IDIQ Pricing Schedule. Prior to being performed and in accordance with Global Canine Services (GCS) policies, A&E shall be authorized in advance and in writing by the Contracting Officer (CO) or Contracting Officer’s Representative (COR). If authorized individuals work in excess of the number of hours constituting a normal workweek, then payment under this contract shall be at the labor rates defined in the task order.

3) The use of A&E hours shall be requested by the Contractor depending on the needs of the GCS; however, only the CO or COR has the authority to approve the use of said A&E. When asserting the need for A&E hours, the Contractor shall certify no other resources are available to perform the required work without utilizing A&E hours.

4) The Government shall pay only for productive hours and at the negotiated fixed fully loaded hourly labor price for each position.

5) Holiday Premium Pay will paid in accordance with 29 Code of Federal Regulation Part 4.174 http://dol.gov/5X and must be authorized in advance by the COR no later than 24 hours of being worked.

B-004.2 PRICING FOR OCONUS POSITIONS

1) A standard/productive workweek (hours per day/days per week) for workers serving OCONUS shall be determined at the TO level based upon the established hourly rates in the Attachment 17 – IDIQ Pricing Schedule.

2) The fully loaded daily labor price for Contract personnel filling OCONUS positions shall be based on their established schedule of hours per day, day per week as determined by their labor category and OCONUS location. All individuals serving OCONUS, on a permanent basis, shall be invoiced at a daily rate utilizing the OCONUS hourly rates and their designated hourly/weekly schedule per the TO PWS. Daily labor rate is hourly labor rate multiplied by the number of hours allowable per the country where work is being performed.

3) Any additional work required beyond the ‘daily rate’ shall be billed as A&E hours. Any additional work required shall be billed as additional and emergency (A&E) hours, as established in Attached 17 – IDIQ Pricing Schedule. Prior to being performed, A&E shall be authorized in advance and in writing by the Contracting Officer (CO) or Contracting Officer’s Representative (COR). If authorized individuals work in excess of the number of hours constituting a normal workweek, then payment under this contract shall be at the labor rates defined in the IDIQ.

4) The use of A&E hours shall be requested by the Contractor depending on the needs at the TO place of performance however, only the CO or COR has the authority to approve the use of said A&E. When asserting the need for A&E hours, the Contractor shall certify no other resources are available to perform the required work without utilizing A&E hours.

5) The Government shall pay for productive days worked only and at the negotiated fully loaded, fixed, daily rate.

B-005 MATERIAL AND EQUIPMENT

Material and Equipment contract type and prices will be negotiated at the task order level.

B-006 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) Provisional billing indirect cost rates shall be submitted in Table 2 of the pricing schedule spreadsheet

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.7), 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-007 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 any progress payments based on costs under fixed-price arrangements.

b) The Negotiated ceiling indirect cost rates shall be submitted in Table 3 of the pricing schedule spreadsheet

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.6(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-008 TRAVEL COSTS UNDER TIME AND MATERIAL OR COST REIMBURSMENT CONTRACT TYPES

a) Travel Cost and contract type will be identified at the Task Order level

b) Except as otherwise provided herein, under Time and Materials or Cost Reimbursable contract types, the Contractor shall be reimbursed for its reasonable actual travel costs in accordance with its usual accounting practices consistent with FAR Subpart 31.2, specifically FAR 31.205-46. Travel must be directly related to and required for performance of this contract and authorized in advance and in writing by the Contracting Officer's Representative (COR). In no event shall costs associated with employee commuting be reimbursable as a direct cost under this contract.

c) Travel costs shall not be burdened with any indirect costs unless specifically allowable in accordance with the Contractor's usual accounting practices consistent with FAR Subpart 31.2. In no event shall travel costs be burdened with fee/profit.

d) The Contractor shall include a breakout of all authorized travel expenses as an attachment to his invoices. Administrative support (coordination of travel arrangements, etc.) will be the responsibility of the Contractor.

e) Should any Contractor personnel be requested to perform in any area which has been determined by the Department of State to be a hazardous duty area, hazardous duty premium pay if and to the extent requested and allowed, will be payable at the same rate as would be given to Department of State direct-hire employees pursuant to Chapter 650 of the U.S. Department of State Standardized Regulations (Government Civilians, Foreign Areas). Hazardous duty premium pay shall not be burdened with any indirect costs (e.g., overhead, G and A) or fee/profit.

f) When local travel between the Contractor employee's regular place of performance and other locations is specifically authorized by the COR, transportation expenses shall be allowable costs under this contract. For the purposes of this clause, local travel means travel within a 50-mile radius of the Contractor employee's regular place of performance and does not include daily commuting or associated costs.

g) For travel where use of a personal automobile has been specifically authorized by the COR, reimbursement shall be computed on the basis of actual miles traveled from starting point to destination. Other related miscellaneous expenses, such as tolls and parking fees, incurred in the performance of tasks authorized under this contract, will be reimbursed. Car rentals require advance approval by the COR and will be authorized only when consistent with good business practice. Allowable costs shall not exceed the actual cost of renting a compact automobile (a maximum of one for four Contractor personnel), unless extenuating circumstances (e.g., excess baggage) require other arrangements and subsequent COR approval is obtained.

h) The Government will reimburse the Contractor for Contractor employee's travel time to or from other authorized work locations except for labor categories, which are exempt from the Fair Labor Standards Act (FSLA), a reimbursement will be allowed only for travel during the employee's regular working hours. The Contractor will not be reimbursed for time spent in stand down or temporary layovers for the convenience of the Contractor by FLSA exempt contractor employees except as authorized by the Federal Travel Regulations.

i) The Contractor shall be responsible for ensuring that all personnel who will be required to travel outside the United States have current and valid passports. The Contractor shall also be responsible for obtaining any visas required for travel to foreign countries under this contract. The Contractor shall make no direct labor charges for obtaining/maintaining passports and/or visas.

B-009 POST HARDSHIP DIFFERENTIAL PAY AND DANGER PAY UNDER TIME AND MATERIAL OR COST REIMBURSMENT CONTRACT TYPES Post Hardship Differential Pay and Danger Pay, which are forms of incentive compensation (also referred to as Uplifts), will be allowable generally. If incurred, they shall be allocated separately. 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, pursuant to FAR 31.205-6(f) (Bonuses and Incentive Compensation).

b) Payment of such costs is otherwise consistent and compliant with FAR Part 31 and the DSSR.

c) Payment shall 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).

d) Payment shall be made only for eligible employees. “Eligible employees” are employees:

· Whose country of citizenship is not in the place of performance; and

· 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 place of performance.

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

f) The applicable DSSR percentage shall be the DSSR percentage effective at the time of performance.

g) 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:

· benefit the contract; and/or

· 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., contract) cannot be shown.

h) The number of hours included in an eligible employee’s basic compensation for a given workweek cannot exceed the number of hours in the employee's normal workweek. A normal workweek is defined as 40 hours regardless of work location.

i) Basic compensation shall consist of actual incurred base salary/unloaded compensation.

j) 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 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 shall be based on the applicable DSSR percentage(s) for the place of performance.

k) Payment of Post Hardship Differential Pay for an eligible employee shall not commence until the eligible employee has served 42 calendar days in the place of performance. Payment shall commence on the first productive or non-productive day after day 42 and shall be retroactive for the previous days. The 42 calendar days are not required to be consecutive, and “served” consists of productive time, paid-time-off, and time otherwise spent in the place of performance.

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

m) For Post Hardship Differential Pay, when an eligible employee has not yet served 42 calendar days and returns to the place of performance after an absence from the 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 place of performance and departed the place of performance for 14 days, the day of return (day 44) will be considered day 31 of days served.

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

B-010 SELECTED CONTRACT SUB-LINE ITEM NUMBERS (Sub-CLINs) In addition to CLINs elsewhere identified in the contract to be used at the task order level, the following CLINs may be used for the following respective descriptions at the task order level:

B-011 DEFENSE BASE ACT INSURANCE

Defense Base Act Insurance may be reimbursable under Time and Material or Cost Reimbursement contract types. Contractors requiring new DBA insurance may purchase new insurance policies directly from any Department of Labor (DOL) approved insurance provider. Approved providers can be found at the DOL website http://dol.gov/owcp/dlhwc/lscarrier.htm. Proof of DBA insurance shall be provided to the Contracting Officer (CO) no later than thirty (30) days after award.

B-012 LODGING

The USG intends to provide OCONUS lodging accommodations for certain deployed locations as identified in specific Task Order requirement documents. However, should the USG be unable to provide accommodations, the Contractor shall be responsible for lodging, and the Government shall reimburse the Contractor based on the Federal Travel Regulation (FTR), FAR Part 31, and the DSSR.

B-013 COOPERATION

The Contractor may be required to work in conjunction with other qualified Contractors working under separate contracts and/or Task Orders (TO), and any other representatives or designees on behalf of DS/IP/OPO. Maximum cooperation is required from the Contractor to ensure overall program success. Moreover, the Contractor shall provide any documentation to other entities as directed by the COR.

B-014 CONTRACTOR ACQUIRED PROPERTY (CAP)

The Contractor shall propose the necessary supplies and equipment for daily operations at the Global Canine Services Center (GCSC) and for deployed Veterinarians and Veterinary Technicians. The contract shall be responsible for maintaining adequate replacement supplies and equipment and shall ensure that sufficient supplies and equipment are available for the duration of the contract. Examples include:

B-014.1 PURCHASING METHODS FOR CAP

The Contractor shall formulate internal purchasing policies and procedures that foster the use of competition and ensure unit prices paid to vendors and prices charged to the Federal government reflect a most favored-customer status. When appropriate, the Contractor shall procure supplies in quantities that result in the most advantageous unit prices, where practicable. The Contractor shall factor in delivery cost and warranty values in evaluating the overall product prices offered between vendors prior to make a final award decision.

The Contractor shall maintain an official procurement file for each item purchased. The extent of the documentation will vary depending on the dollar value of the procurement and shall adhere to the basic principles as defined in the Federal Acquisition Regulation.

Every procurement file shall state the basis for determining the price paid was fair and reasonable and include a statement if the item was not available in the repaired item inventory. The Contractor’s purchasing system shall be subject to audit.

Product Warranty Management - The Contractor shall develop a comprehensive warranty management system that captures the manufacturer's warranty offered by product. The Contractor shall register product warranties with the manufacturer and track and maintain the warranty information. Warranty information should be entered into a recording system, which can be reported to the USG, by the Contractor immediately upon shipment of the warranted item.

B-015 PRICING BEYOND IDIQ

Pricing for task orders issued with period(s) of performance beyond the IDIQ period of performance end date will be agreed upon at the task order level. Firm Fixed Price and Time and Material task orders will be based on the labor rates applicable for the last period of performance of the IDIQ, plus a reasonable escalation not to exceed the Consumer Price Index for the final year of performance.

SBU - CONTRACTING AND ACQUISITIONS

SBU - CONTRACTING AND ACQUISITIONS

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