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Labor

The following information is related to researching contract features that focus on labor.

Domain and NAICS selection

The contract scope is organized by domains and North American Industry Classification System (NAICS) codes. The OCO must assign the OASIS+ NAICS code to each task order solicitation. The NAICS code assigned should reflect the principal nature of the work required under the task order. NAICS codes by domain identifies the seven Domains on SB, and the eight Domains on Unrestricted and associated NAICS with size standards under OASIS+. If the principal purpose of the requirement is for any other functional area (Domain) and/or NAICS code outside the specific NAICS codes awarded/listed in the OASIS+ contracts, then the requirement is out of scope for OASIS+.

Only one Domain and one NAICS code under one contract family must be selected.

OASIS+ Domains each contain multiple NAICS codes. FAR 19.102 requires the OCO to determine the appropriate NAICS code and assign one NAICS code and corresponding small business size standard in all solicitations and task orders. FAR 19.102(b)(1) requires that the NAICS code assigned describes the principal purpose of the service being acquired. The tables on the NAICS code by domain page identify the OASIS+ Domains and NAICS codes with their corresponding size standards.

Note: In accordance with regulation, OCOs must select the task order NAICS code based upon the work to be performed and not based upon the applicable size standard or program office supported. Apparent discrepancies will be brought to the OCO’s attention. If the Domain/NAICS code selection is deemed inappropriate, the OASIS+ Contracting Officer(s) may rescind the OCO’s OASIS+ Delegation of Procurement Authority.

Each OASIS+ CLIN under each OASIS+ contract and Domain represents a specific NAICS code. Accordingly, the fair opportunity pool for each task order includes only the contractors that were awarded an OASIS+ contract and CLIN, applicable to the task order solicitation’s contract vehicle, Domain, and NAICS code.

Task order labor categories

In accordance with OASIS+ contract section B.8, the master contract provides the flexibility to use custom/requirements-driven labor categories for CONUS, OCONUS, specialized labor, construction wage rate requirements, professional services, service contract labor standards, or any combination thereof, at the task order level. The OCO is the authority in establishing what kind of labor is appropriate for each task order requirement.

OCOs may use any of the following labor categories:

  • OASIS+ standardized labor categories
  • Contractor-proposed custom or specialized labor categories that are non-standard
  • OCO-directed, non-standard, or specialized labor categories that are customized to the requirement

Continental United States (CONUS) Standardized Labor Categories

OASIS+ CONUS standardized labor categories correspond to the Office of Management and Budget’s Standard Occupational Classification (SOC) Manual 2018 [PDF, 285 pages], which includes compensation data maintained by the Bureau of Labor Statistics in the Department of Labor (DoL). CONUS standardized labor categories are individual labor categories that are mapped to a single SOC and functional description.

The contractor may propose CONUS standardized labor when proposing a total solution; however, the OCO will determine whether circumstances merit the use of CONUS standardized labor. CONUS standardized labor categories are encouraged but not mandatory for use at the task order level. The OCO should indicate in the task order solicitation whether or not contractors must submit labor pricing using the master contract’s CONUS standardized labor categories in their task order proposals. If non-standardized labor categories are used at the task order level, the contractor is required to map awarded labor categories to the standardized labor categories when reporting in accordance with Section G.3.2.4 and the seniority levels in Attachment J-1 (such as Junior, Journeyman, Senior, Subject Matter Expert [SME]).

Custom or specialized labor

When CONUS standardized labor categories are not mandatory or not able to be mapped directly by the contractor, the contractor may propose specialized labor when proposing a total solution; however, the OCO will determine whether circumstances merit the use of specialized labor.

OCONUS labor

The Contractor may propose OCONUS labor when proposing a total solution; however, the OCO will determine whether circumstances merit the use of OCONUS labor.

Service Contract Labor Standards (SCLS)

When SCLS are within the scope of the task order, wage rate requirements shall be implemented in accordance with FAR subpart 22.10 and other applicable regulatory supplements. The OCO shall identify such work in the task order solicitation and make a determination as to whether wage determinations are to be applied.

The master contract includes a list of clauses and/or provisions at Section I.1.2 that flow down to SCLS-applicable task orders. The OCO shall incorporate any additional appropriate clauses and provisions in each task order solicitation and subsequent award when service contract labor standards apply. When applicable, the OCO shall incorporate wage determinations subject to wage rate requirements in the task order award.

Requirements for labor under Time & Material and Labor Hour task orders

When preparing solicitations for commercial or non-commercial T&M and/or LH type task orders, the OCO must incorporate one of the following provisions in the task order solicitation:

  • FAR 52.216-29 Time-and-Materials/Labor-Hour Proposal Requirements — Non- Commercial Item Acquisition with Adequate Price Competition
    • For DoD requirements, when selecting FAR 52.216-29, the OCO must also select Defense Federal Acquisition Regulation Supplement (DFARS) 252.216-7002, Alternate A Time-and-Materials/Labor-Hour Proposal Requirements — Non-Commercial Item Acquisition with Adequate Price Competition.
  • FAR 52.216-30 Time-and-Materials/Labor-Hour Proposal Requirements — Non- Commercial Item Acquisition without Adequate Price Competition
  • FAR 52.216-31 Time-and-Materials/Labor-Hour Proposal Requirements — Commercial Item Acquisition

When the provision FAR 52.216-30 or FAR 52.216-31 is selected, and there is an exception to fair opportunity, the OASIS+ contracts establish maximum allowable labor rates. These labor rates will be identified as fully burdened ceiling rates for certain non-custom, CONUS, T&M/LH labor categories for both government and contractor sites. Based on the specific task order requirements, the OCO is authorized to exceed the OASIS+ ceiling rates for those labor categories that include Secret/Top Secret/Sensitive Compartmented Information labor and/or OCONUS locations, if necessary.

The ceiling rates do not apply when the provision FAR 52.216-29 Time-and-Materials/Labor-Hour Proposal Requirements — Non-Commercial Item Acquisition With Adequate Price Competition is selected; or FAR 52.216-29 with DFARS 252.216-7002, Alternate A, is selected; or FAR 52.216-31, Time-and-Materials/Labor-Hour Proposal Requirements-Commercial Item Acquisition is selected; and there is not an exception to fair opportunity.

Clauses and provisions

Due to the various combinations of contract provisions/clauses which may be required for an individual task order based on the contract type, statement of work, dollar value, and other specific customer agency requirements, the OASIS+ IDIQ cannot predetermine all the contract provisions/clauses for future individual task orders. However, all “Required” and “Required when Applicable” provisions/clauses set forth in FAR 52.301 automatically flow down to all orders based on their specific contract type, statement of work, and dollar value. The Attachment J-5, OASIS+ Task Order Clause and Provision Matrix, applies to task orders as applicable.

If there is a conflict between task order terms and conditions and master contract terms and conditions, the master contract terms must take precedence.

The OCO must include any FAR clauses in full text that need to be filled in (for example, FAR 52.217-9 applicable to orders with options).

DoD-specific clauses and provisions

For task orders subject to DoD requirements, DoD provisions and clauses from the DoD FAR Supplement (DFARS) have been incorporated in Attachment J-4. If applicable, the OCO may use the Attachment J-4 to ensure the required DFARS provisions and clauses will flow down to the task order level. The required provisions and clauses are updated through the version date indicated on the J-4 attachment. Alternate and supplemental provisions and clauses from Command-specific and/or DoD Component levels are not included; the OCO may incorporate them into the specific solicitation and subsequent task order. The required DoD provisions and clauses are updated through the master contract version date indicated on the J-4 attachment. Should Attachment J-4 not reflect any updated DoD provision or clause at the time of task order solicitation or award, the OCOs may insert those required updated provisions or clauses into their task order. Periodically, during the term of the master contract, an update to Attachment J-4 may be executed on the master contract via a bilateral contract modification.

DoL-specific clauses and provisions

For task orders subject to SCLS or construction wage rate requirements, DoL provisions and clauses from FAR part 22 have been incorporated in Attachment J-5. Only the applicable provisions and clauses must flow down to the task order level. The OCO may incorporate alternate, supplemental, or agency-level provisions and clauses into the specific solicitation and subsequent task order. Should this list not reflect any updated DoL provision or clause at the time of task order solicitation or award, the OCOs may insert those required updated provisions or clauses into their task order. Periodically, during the term of the master contract, an update to these DoL Required Provisions and Clauses may be executed on the master contract via a bilateral contract modification.

CAS-specific clauses and provisions

For task orders subject to CAS requirements, CAS provisions and clauses from FAR part 30 have been incorporated in Attachment J-5. The OCO must identify the provisions/clauses in the task order solicitation and subsequent task order award, as applicable.

Davis-Bacon Act

Ancillary/minor amounts of construction, alteration, or repair may be included as ancillary services to support the total solution in task orders. The OCO must also include all applicable construction-related clauses and wage decisions in the task order, as applicable.

Last updated: October 06, 2024