Section_B3.pdf

B-3 Local Clauses EPA-B-16-104 FIXED RATES FOR SERVICES--INDEFINITE

DELIVERY/INDEFINITE QUANTITY CONTRACT

The fixed rates and fixed prices, inclusive of all indirect costs and profit, shall apply for the duration of the contract.

Task 1 - Potentially Responsible Party (PRP) Searches

Base Year

Option Year 1

Option Year 2

Option Year 3

Option Year 4

CATEGORY Hourly Hourly Hourly Hourly Hourly Expert Witness

Principal Senior Engineer/Scientist Mid-Level Engineer/Scientist Junior Engineer/Scientist Senior Consultant Mid-Level Consultant Junior Consultant Senior Technician Mid-Level Technician Junior Technician Administrative Assistant Support - Clerical

Task 2 – Expedited PRP Search Support

Option Year 1

Option Year 2

Option Year 3

Option Year 4

Mid-Level Engineer/Scientist Junior Engineer/Scientist Senior Consultant Mid-Level Consultant Junior Consultant Senior Technician Mid-Level Technician Junior Technician

Task 3 - Information Gathering/Records Collection and Compilation

Option Year 1

Option Year 2

Option Year 3

Option Year 4

CATEGORY

Cost per site

Total Amount

Total Amount

Total Amount

Total Amount

Total Amount

4 Large Superfund Sites per year (100,000 documents)

18 Small to Medium Sites per year (62,500 documents)

Task 4 - Expedited General Enforcement Support

Base Year Option Year

Option Year 2

Option Year 3

Option Year 4

Mid-Level Engineer/Scientist Junior Engineer/Scientist Senior Consultant Mid-Level Consultant Junior Consultant

Senior Technician Mid-Level Technician Junior Technician

Task 5 - Negotiation, Litigation, Expert, and Referral Support

Option Year 1

Option Year 2

Option Year 3

Option Year 4

Junior Engineer/Scientist

Senior Consultant

Senior Technician

Mid-Level Technician

Junior Technician

Task 6 - Cost Recovery Support

Option Year 1

Option Year 2

Option Year 3

Option Year 4

Mid-Level Engineer/Scientist Junior Engineer/Scientist Senior Consultant Mid-Level Consultant Junior Consultant Senior Technician Mid-Level Technician Junior Technician

Task 7 - Community Involvement Support

Option Year 1

Option Year 2

Option Year 3

Option Year 4

Junior Engineer/Scientist

Senior Consultant

Senior Technician Mid-Level Technician Junior Technician

Note: Refer to Attachment 2 for details

FIXED RATE

A. LABOR

1. The fixed rates and prices contained in this clause shall be inclusive of all expenses including, but not limited to, contract level required reports, wages or salaries, labor costs, fringe benefits, overhead, health and safety, medical monitoring in accordance with OSHA 1910.120, computer and communications supplies and support, training, general and administrative expenses and profit. See the Section L Clause entitled, COST PROPOSAL

INSTRUCTIONS. The rates shall apply for the duration of the contract.

2. Labor costs shall be computed by multiplying the appropriate hourly rate by the number of direct labor hours performed.

3. In the event that on-going work on-site is interrupted at any time due to inclement weather, unsafe conditions, or other conditions beyond either the control of the contractor or the Government, as determined by the

Project Officer (PO), EPA will not pay the contractor for any labor costs during such interruptions; that is, EPA will not reimburse the contractor in excess of those hours actually worked on the site or otherwise approved by authorized EPA personnel. The contractor shall not be reimbursed for standby.

4. If the contractor or a team subcontractor provides a specific labor category through a third-party subcontractor, reimbursement for that labor category shall be at the establish fixed rate or at cost (including any applicable indirect rates) whichever is less, but shall not exceed the fixed rate set forth in this clause for that labor category.

5. When an individual employee’s normally assigned category of labor is higher than the function he/she is performing during any period of work at a specific site, the rate charged for that employee shall be based on the function that the employee is performing.

When an individual employee’s normally assigned category of labor is at a rate lower than the function being performed during any period of work at a specific site, the rate charged for that employee shall be based on the actual rate paid to that employee (e.g. Laborer performing the duties of a Equipment Operator shall be charged at the fixed rate for an Equipment Operator only if the employee is paid by the contractor at the rate of an Equipment

Operator). If the employee is not paid at the higher rate, the contractor shall only bill at the rate of the employee’s normally assigned category of labor. The employee must meet the qualifications set forth in the contract for the labor category being performed.

B. NEGOTIATION OF ADDITIONAL FIXED RATES

From time to time, additional items (non-prepriced) may be added to this clause. If the contractor identifies additional items for inclusion in this clause or an item for which development of a fixed rate applicable to an individual TO is appropriate, the contractor must submit the request to the Contracting Officer (CO) in writing with required supporting documentation inclusive of all expenses including, but not limited to, indirect costs, contract level required reports, wages or salaries, labor costs, fringe benefits, overhead, computer and communications supplies and support, training, general and administrative expenses and profit, in accordance with the paragraph below.

In the event an item is utilized on a Task Order prior to a rate being negotiated, a provisional rate applicable to only that Task Order may be assigned by the CO. The contractor must submit a proposed fixed rate to the CO (with a copy to the PO) along with the required supporting documentation. A final fixed rate is subject to the approval of the CO and shall be incorporated via contract modification. If the final fixed rate is different from the provisional rate and the contractor has already billed for this item, the contractor shall make the appropriate adjustment on its next invoice for the TO.

C. PAYMENT OF ALLOWABLE COSTS

Contractors shall pay their subcontractors in accordance with the Section G clause entitled, PAYMENTS FOR

FIXED PRICE ORDERS (FAR 52.232-1) and PAYMENTS UNDER TIME AND MATERIALS AND LABOR

HOURS CONTRACTS (FAR 52.232-7). The Contractor must be able to substantiate through its accounting system that costs billed were actually incurred.

*NOTE: The term "cost" is defined as allowable amounts for fixed rate services in accordance with the terms and conditions of the contract as modified, and those items defined under the COST REIMBURSEMENT clause.