48cfr 2009 edition




















While these adjustments need not be calculated in accordance with the Federal Travel Regulation or Joint Travel Regulations, they must result in a reasonable charge.

However, in order for airfare costs in excess of the above airfare to be allowable, the applicable condition s set forth above must be documented and justified. A higher amount may be agreed to when one or more of the circumstances for justifying higher than allowable airfare listed in paragraph b of this section are applicable, or when an advance agreement under paragraph c 3 of this section has been executed. In all cases, travel by contractor-owned, -leased, or -chartered aircraft must be fully documented and justified.

The COI certification shall also include a statement that the Contractor recognizes its continuing obligation to identify and report any actual or potential COI arising during performance of this work assignment or other work related to this site.

Before submitting the COI certification, the Contractor shall initially search through all of its available records to identify any actual or potential COIs. During the first three years of this contract, the Contractor shall search through all records created since the beginning of the contract plus the records of the Contractor prior to the award of the contract until a minimum of three years of records are accumulated.

Once three years of records have accumulated, prior to certifying, the Contractor shall search its records accumulated, at a minimum, over the past three years immediately prior to the receipt of the work assignment or similar tasking document. In the COI certification, the Contractor must certify to the best of the Contractor's knowledge and belief, that all actual or potential organizational COIs have been reported to the Contracting Officer, or that to the best of the Contractor's knowledge and belief, no actual or potential organizational COIs exist.

The COI certification shall also include a statement that the Contractor recognizes its continuing obligation to identify and report any actual or potential COI arising during performance of this work assignment. During the first three years of this contract, the Contractor shall search through all records created since the beginning of the contract plus records of the Contractor prior to the award of the contract until a minimum of three years of records have accumulated.

Once three years of records have accumulated, prior to certifying, the Contractor shall search its records, at a minimum, over the past three years immediately prior to the receipt of the work assignment or similar tasking document. The Contractor shall maintain accurate working files by task or work assignment on all work documentation including calculations, assumptions, interpretations of regulations, sources of information, and other raw data required in the performance of this contract.

The Contractor shall provide the information contained in the contractor's working files upon request of the Contracting Officer. The Contractor shall furnish to the Contracting Officer's Representative one 1 copy of any draft legal analysis.

The Government will provide a response to the Contractor within thirty 30 calendar days after receipt. The Contractor shall not finalize the analysis until the Government has given approval.

The draft shall be double-spaced or space-and-a-half and shall include all pertinent material required in the final report. If the Government does not provide a response within the allotted review time, the Contractor immediately shall notify the Contracting Officer in writing. Distribution is as follows:.

All reports containing recommendations to the Environmental Protection Agency shall include the following information on the cover of each report: a Name and business address of the contractor; b contract number; c contract dollar amount; d whether the contract was subject to full and open competition or a sole source acquisition; e name of the EPA Contracting Officer's Representative COR and the COR's office identification and location; and f date of report.

Information Resources Management IRM is defined as any planning, budgeting, organizing, directing, training, promoting, controlling, and managing activities associated with the burden, collection, creation, use and dissemination of information. IRM includes both information itself and the management of information and related resources such as personnel, equipment, funds, and technology.

Examples of these services include but are not limited to the following:. The Contractor shall perform any IRM-related work under this contract in accordance with the IRM policies, standards, and procedures set forth on the Office of Environmental Information policy Web site. Upon receipt of a work request i. The applicable directives for performance of the work request are those in effect on the date of issuance of the work request.

Contract deliverables are required to be compliant with Section requirements accessibility for people with disabilities. The Environmental Protection Agency policy for compliance can be found at www. All other evaluation provisions in the IFB e. The other factors set forth in the provision should represent a consolidated statement of the exact basis upon which bids will be evaluated for award. The other factors that will be considered are:. Omit all cost or pricing details from this proposal.

The offeror shall prepare and submit cost or pricing information data and supporting attachments in accordance with Table of FAR In addition to a hard copy of the information, to expedite review of the proposal, submit an IBM-compatible software or storage device e. Submit this information using Microsoft Exchange , if available. Identify which version of Microsoft Exchange used.

If the offeror used another spreadsheet program, indicate the software program used to create this information. Offerors should include the formulas and factors used in calculating the financial data. Although submission of a compatible software or device will expedite review, failure to submit a disk will not affect consideration of the proposal. The Government will include these costs as part of its cost proposal evaluation.

Separately identify costs and supporting data for each entity proposed. If an offeror makes a reduction which makes its offer or portions of its offer below anticipated costs, the offeror shall identify where i. Unsubstantiated rates may result in an upward or downward adjustment of the cost proposals to reflect more realistic costs.

Based on this analysis, a projected cost for the offeror will be calculated to reflect the Government's estimate of the offeror's probable costs.

Any inconsistency, whether real or apparent, between the promised performance and cost or price should be explained. The burden of proof for cost credibility rests with the offeror. These hours do not include management at a level higher than project management, e. If it is the offeror's normal practice to charge these types of costs as direct costs, include these costs along with an estimate of the directly chargeable labor-hours for these personnel. These direct charges are to be shown separately from the technical level-of-effort effort.

If this type of effort is normally included in the offeror's indirect cost allocations, no estimate is required. However, direct charging of these on any resulting contract will not be allowed.

Additionally the direct technical labor hours are the workable hours required by the Government and do not include release time i. Submit the proposal utilizing the labor categories and distribution of the level-of-effort specified in the solicitation. These are approximate distribution levels and do not necessarily represent the actual levels which may be experienced during contract performance. This explanation should describe how technical approach coincides with the proposed costs.

If the proposed direct labor rates are based on an average of the individuals proposed to work on the contract, provide a list of the individuals proposed and the hours associated with each individual in deriving the rates.

If the proposed direct labor rates are based on an average of company category rates, identify and describe the labor categories and the percentages associated with each category in deriving the rates, explaining in detail the basis for the percentages assigned.

If individual rates are used, provide the employee's name. If specific individuals are identified in the technical proposal, correlate these individuals with the labor categories specified in the solicitation.

If escalation is included, state the degree percent and methodology. The methodology shall include the effective date of the base rates and the policy on salary reviews e.

If so, state the number required, the professional or technical level and the methodology used to estimate proposed labor rates. C List of other research Projects or proposals for which salaries are allocated, and the proportionate time charged to each; and. D Other duties, such as teaching assignments, administrative assignments, and other institutional activities.

Show the proportionate time charged to each. The decision to propose uncompensated overtime is the offeror's decision. Should the offeror, however, elect to propose uncompensated overtime, the offeror must propose a methodology that is consistent with their cost accounting practices and company policy. If proposed, provide an estimate of any uncompensated overtime proposed for exempt personnel working at the offeror's facilities.

This estimate should identify the number of uncompensated labor hours and the percentage of compensated labor. Uncompensated labor hours are defined as hours for exempt personnel in excess of regular hours for a pay period which are actually worked and recorded in accordance with company policy. Provide a copy of the company policy on uncompensated overtime.

Provide historical percentages of uncompensated overtime for the past three years. If proposed for subcontractors, provide separately with subcontractor information. A provide in narrative form the basis for the raw wage for each labor category. If actual wages of current employees are used, the basis for the projections should be explained.

B If employees are subject to the Service Contract Act or Davis Bacon Act, they must be compensated at least at the minimum wage rate required by the applicable Wage Determination. If the agreement does not cover the projected performance period of the proposed effort, provide the rationale and any estimated rate calculations for the proposed performance period. Indicate whether computations are based upon historical or projected data.

Include the actual indirect rates for the past five years including the indirect rates proposed, the actual indirect rates experienced and, if available, the final negotiated rate. Indicate the amount of unallowable costs included in the historical data. Similarly, offerors whose subcontractors propose indirect rates for new or substantially reorganized cost centers should likewise consider offering to accept ceilings on the subcontractors' indirect rates at the proposed rates.

The Government reserves the right to adjust an offeror's or its subcontractor's estimated indirect costs for evaluation purposes based on the Agency's judgment of the most probable costs up to the amount of any stated ceiling. Include a breakdown indicating number of trips, number of travelers, destinations from and to, purpose and cost, e.

Unless specified elsewhere in this solicitation, FAR Identify the major ODC items that under the accounting system would be a direct charge on any resulting contract. Complete explanation of this adjustment and the contractor's practice should be provided.

This detailed information may be provided separately to the EPA if the subcontractor does not wish to provide this data to the prime contractor. Cost data provided separately by a contractor must be received by the time, date and at the location specified for the receipt of proposals.

The subcontractor's package should be clearly marked with the RFP number, the name of the prime offeror, and a statement that the package is subcontractor data relevant to the proposal from the prime offeror.

If submitted with the prime contractor's proposal, identify the subcontractors. State the amount of service estimated to be required and the quoted daily or hourly rate. Offerors are encouraged to provide letters of intent, signed by subcontractors, agreeing to a specified rate for life of the contract. Include a cost or price analysis of the subcontractor cost showing the reasons why the costs are considered reasonable;.

Provide a reconciliation summary of the proposed hours and ODCs for the prime contractor and proposed subcontractor s. Alternate I AUG If the Government's requirement is a fully dedicated staff person for a twelve month period s for each specified position and performance is on a Government facility, add the following paragraph b 2 x to the basic provision:. The proposal must identify proposed work years and clearly identify how many hours in each work year are direct i.

If the company policy includes a different base work week, the total available hours would be different. For example, if the company's policy calls for a Offeror should clearly identify the paid absences as to how many hours are for holiday and how many hours are for vacation and sick leave.

The amount of indirect time paid absences identified in the proposal must be consistent with company policy and must allow for the ten Federal government holidays. If the Government's requirement is a fully dedicated staff person for a twelve month period s for each specified position and performance is not on a Government facility; add the following paragraph b 2 x to the basic provision:. If the requirement is for the acquisition of supplies or equipment, substitute the following paragraphs a iv - viii and add a ix and b.

Offerors or quoters are requested to provide information regarding the following items in sufficient detail to allow a full and complete business evaluation. If the question indicated is not applicable or the answer is none, it should be annotated. If the offeror has previously submitted the information, it should certify the validity of that data currently on file at EPA and to whom and where it was submitted or update all outdated information on file.

Check appropriate blocks. If the answer is no, data supporting the proposed rates must accompany the cost or price proposal. Specify resources available to perform the contract without assistance from any outside source. If sufficient resources are not available, indicate in proposal the amount required and the anticipated source i.

Note: the commitment for uncompensated time, and the formula elements in paragraph b below, apply only to exempt personnel working at the Contractor's facilities and does not include non-exempt personnel or exempt personnel working at other facilities. Estimated value of uncompensated time hours not provided equals shortage of uncompensated time percent times total exempt applicable direct labor costs including applicable indirect costs.

In the event there is a shortage of uncompensated time hours provided, a calculation, utilizing the above formula will be made and this calculation will be the basis for an adjustment in the contract amount.

The information may be submitted prior to other parts of the proposal in order to assist the Government in reducing the evaluation period. Include the following information for each contract and subcontract listed:. General performance information will be obtained from the references. The Government shall consider the information provided by the references, and may also consider information obtained from other sources, when evaluating an offeror's past performance.

The Government is not obligated to contact all of the references identified by the offeror. A score will be assigned appropriately to the offeror based on the information. The offeror will be given the opportunity to address adverse past performance information obtained from references on which the offeror has not had a previous opportunity to comment, if that information makes a difference in the Government's decision to include the offeror in or exclude the offeror from the competitive range.

Any past performance deficiency or significant weakness will be discussed with offerors in the competitive range during discussions. Offerors are encouraged to consolidate requests whenever possible i. Offerors may send Client Authorization Letters electronically to references with copies forwarded to the contracting officer.

The offeror should forward a copy of the Client Authorization Letter to the contracting officer simultaneously with mailing to references. Such awards or certifications include, for example, the Malcolm Baldrige Quality Award, other Government quality awards, and private sector awards or certifications.

If the award or certification is over three years old, present evidence that the qualifications still apply. References other than those identified by the offeror may be contacted by the Government and used in the evaluation of the offeror's past performance.

The amount of the award fee to be paid is determined by the Government's judgmental evaluation of the contractor's performance in terms of the criteria stated in the contract. This determination and the methodology for determining the award fee are unilateral decisions made solely at the discretion of the Government. Changes issued in a unilateral modification are not subject to equitable adjustments, consideration, or any other renegotiation of the contract.

At prescribed in The beginning dates and the not-to-exceed amount to be inserted in the clause should be those in the anticipatory cost letter. In addition to the Contracting Officer, the following individuals are authorized ordering officers.

The proposals are subject to negotiation. The Ordering Officer and the Contractor shall reach agreement on all the material terms of each order prior to the order being issued.

When the Contractor has reason to believe that the labor payment and support costs for the order which will accrue in the next thirty 30 days will bring total cost to over 85 percent of the ceiling price specified in the order, the Contractor shall notify the Ordering Officer.

Alternate I JUL In addition to the Contracting Officer, the following individuals are authorized ordering officers:. When the Contractor has reason to believe that the labor payment and support costs for the order, which will accrue in the next thirty 30 days, will bring total cost to over 85 percent of the ceiling price specified in the order, the Contractor shall notify the Ordering Officer. When the contract contains options, the clause should be modified to reflect the information and data for the base period and any option periods.

The following fixed rates shall apply for payment purposes for the duration of the contact. The rate, or rates, set forth above cover all expenses, including report preparation, salaries, overhead, general and administrative expenses, and profit.

The Contractor shall voucher for only the time of the personnel whose services are applied directly to the work called for in individual Delivery Orders and accepted by the EPA Project Officer. The Government shall pay the Contractor for the life of a delivery order at rates in effect when the delivery order was issued, even if performance under the delivery order crosses into another period.

The Contractor shall maintain time and labor distribution records for all employees who work under the contract. These records must document time worked and work performed by each individual on all Delivery Orders. Percentage of work completed is the ratio of direct labor hours performed to the direct labor hours set forth in clause For the purpose of this solicitation, offerors shall propose a combination of base fee and award fee. The remaining balance of allowable cost shall constitute the Contractor's share.

Those records shall be subject to audit by the Government. The Contracting Officer is responsible for the overall award term evaluation and award term decision. The Contracting Officer will unilaterally decide whether or not the contractor is eligible for an award term extension, and in conjunction with the Contracting Officer's Representative, will determine the need for continued performance and funding availability. Provided the contractor has achieved the performance measures, e.

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