Common use of SPECIFIC LIMITATIONS and UNALLOWABLE CHARGES Clause in Contracts

SPECIFIC LIMITATIONS and UNALLOWABLE CHARGES. Specific Limitations For T&M compensation, Contractor shall invoice Agency only for actual productive time Contractor personnel spend on Services by any level of Contractor’s staff (up to the established not-to-exceed amount). Contractor’s general supervisors or personnel who are responsible for more than one Agency project shall charge only for actual productive time spent directly on the project identified in the Work Order Contract. Agency will pay Contractor only up to the hourly rates set forth in the Price Agreement that are commensurate with the type of Services performed regardless of the classification, title, or level of experience of the individual performing those Services. Discriminatory Pricing. Charges as applied to work performed under Agency contracts and subcontracts may not be discriminatory against Agency. It is discriminatory against Agency if employee (or owner/sole proprietor) compensation (in whatever form or name) is in excess of that being paid for similar non-Agency work under comparable circumstances (see FAR Subpart 31.205-6). Unallowable Charges Agency will not pay for direct or indirect costs that are unallowable under the provisions of 48 CFR Part 31 (Federal Acquisition Regulations). Costs or direct charges for, but not limited to, the following are not reimbursable: • Costs for negotiation of the Work Order Contract or Work Order Contract amendments, including but not limited to proposal preparation, cost estimate preparation, preparation for negotiations, and negotiation of level of effort/budget. • Costs related to disputes, including but not limited to discussions, meetings and preparation of any dispute related documentation. • Xxxx-up on subcontractors or direct non-labor costs. • Costs for general administrative, non-project related tasks. • Transfer of knowledge and information related to Project Manager or other Key Person replacements. • Cost of preparing invoices and supporting documentation when the cost to prepare or provide such invoices or supporting documents has been included in Contractor’s overhead. • Costs for correcting or making adjustments to incorrect or improper invoices; • Any unallowable expenses for non-travel meals and refreshments under the provisions of the Oregon Accounting Manual, Non-travel Meals and Refreshments section.

SPECIFIC LIMITATIONS and UNALLOWABLE CHARGES. Specific Limitations For T&M compensationWOCs, Contractor shall invoice Agency only for actual productive time Contractor personnel spend on Services by any level of Contractor’s staff (up to the established not-to-exceed amountamount established in the WOC). Contractor’s general supervisors or personnel who are responsible for more than one Agency project shall charge only for actual productive time spent directly on the project identified in the Work Order ContractWOC. Agency will pay Contractor only up to the hourly rates set forth in the Price Agreement PA that are commensurate with the type of Services performed regardless of the classification, title, or level of experience of the individual performing those Services. Discriminatory Pricing. Charges Direct and indirect costs as applied to work performed under Agency contracts and subcontracts may not be discriminatory against Agency. It is discriminatory against Agency if employee (or owner/sole proprietor) compensation (in whatever form or name) is in excess of that being paid for similar non-Agency work under comparable circumstances (see FAR Subpart 31.205-6). Discriminatory Wage Rates. Pursuant to ORS 279B.235, Contractor shall comply with the prohibitions set forth in ORS 652.220. Failure to comply is a breach that entitles the Agency to terminate the PA and the WOC for cause. Employee Discussions Regarding Compensation. Pursuant to ORS 279B.235, Contractor shall not prohibit any of its employees from discussing the employee’s rate of wage, salary, benefits or other compensation with another employee or another person and may not retaliate against an employee who discusses the employee’s rate of wage, salary, benefits or other compensation with another employee or another person. Unallowable Charges Agency will not pay for direct or indirect costs that are unallowable under the provisions of 48 CFR Part 31 (Federal Acquisition Regulations). Costs or direct charges for, but not limited to, the following are not reimbursable: • All items listed as “Direct Costs Not Allowable” in Agency’s Billing Rate Policy (as may be revised from time to time) available at: xxxx://xxx.xxxxxx.xxx/ODOT/CS/OPO/Pages/ae.aspx • Costs for negotiation of the Work Order Contract WOCs or Work Order Contract WOC amendments, including but not limited to proposal preparation, cost estimate BOC preparation, preparation for negotiations, and negotiation of level of effort/budget. • Costs related to disputesdisputes or E&O Claims, including but not limited to discussions, meetings and preparation of any dispute or claim related documentation. • Xxxx-up on subcontractors or direct non-labor costs. • Costs for general administrative, non-project related tasks. • Transfer of knowledge and information related to Project Manager or other Key Person replacements. • Cost of preparing invoices and supporting documentation when the cost to prepare or provide such invoices or supporting documents has been included in Contractor’s overhead. • Costs for correcting Correcting or making adjustments to incorrect or improper invoices; . • Direct compensation for items included in firm’s indirect costs (unless properly credited back to indirect cost). • Premium costs incurred as a result of working overtime or holidays. Premium time should normally be charged to overhead. In accordance with ORS 279B.235, employees shall be paid at not less than time and one-half for all overtime worked and for work on legal holidays, except for individuals who are excluded from receiving overtime under personal services contracts pursuant to ORS 653.010 to 653.261 or under 29 U.S.C. 201 to 209. • Any unallowable expenses for non-travel meals and refreshments under the provisions of the Oregon Accounting Manual, Non-travel Meals and Refreshments section.section (OAM 10.40.10). EXHIBIT B, PART 2 – COST INFORMATION Forms referenced in this Exhibit may be viewed and downloaded at: xxxx://xxx.xxxxxx.xxx/ODOT/CS/OPO/Pages/ae.aspx

SPECIFIC LIMITATIONS and UNALLOWABLE CHARGES. Specific Limitations For T&M compensation, Contractor shall invoice Agency only for actual productive time Contractor personnel spend on Services by any level of Contractor’s staff (up to the established not-to-exceed amount). Contractor’s general supervisors or personnel who are responsible for more than one Agency project shall charge only for actual productive time spent directly on the project identified in the Work Order Contract. Agency will pay Contractor only up to the hourly rates set forth in the Price Agreement Contract that are commensurate with the type of Services performed regardless of the classification, title, or level of experience of the individual performing those Services. Discriminatory Pricing. Charges as applied to work performed under Agency contracts and subcontracts may not be discriminatory against Agency. It is discriminatory against Agency if employee (or owner/sole proprietor) compensation (in whatever form or name) is in excess of that being paid for similar non-Agency work under comparable circumstances (see FAR Subpart 31.205-6). Unallowable Charges Agency will not pay for direct or indirect costs that are unallowable under the provisions of 48 CFR Part 31 (Federal Acquisition Regulations). Costs or direct charges for, but not limited to, the following are not reimbursable: •  Costs for negotiation of the Work Order Contract or Work Order Contract amendments, including but not limited to proposal preparation, cost estimate preparation, preparation for negotiations, and negotiation of level of effort/budget. •  Costs related to disputes, including but not limited to discussions, meetings and preparation of any dispute related documentation. • Xxxx Mark-up on subcontractors or direct non-labor costs. •  Costs for general administrative, non-project related tasks. •  Transfer of knowledge and information related to Project Manager or other Key Person replacements. •  Cost of preparing invoices and supporting documentation when the cost to prepare or provide such invoices or supporting documents has been included in Contractor’s overhead. •  Costs for correcting or making adjustments to incorrect or improper invoices; •  Any unallowable expenses for non-travel meals and refreshments under the provisions of the Oregon Accounting Manual, Non-travel Meals and Refreshments section.

SPECIFIC LIMITATIONS and UNALLOWABLE CHARGES. Specific Limitations For T&M compensationand CPFF WOCs, Contractor Consultant shall invoice Agency only for actual productive time Contractor Consultant personnel spend on Services by any level of ContractorConsultant’s staff (up to the established not-to-exceed amountamount established in the WOC). ContractorConsultant’s general supervisors or personnel who are responsible for more than one Agency project shall charge only for actual productive time spent directly on the project identified in the Work Order ContractWOC. Agency will pay Contractor Consultant only up to the hourly rates set forth in the Price Agreement PA that are commensurate with the type of Services performed regardless of the classification, title, or level of experience of the individual performing those Services. However, under no circumstances shall Consultant invoice Agency based on higher direct salary rates than the actual amount paid to its employees. Discriminatory Pricing. Charges Direct and indirect costs as applied to work performed under Agency contracts and subcontracts may not be discriminatory against Agency. It is discriminatory against Agency if employee (or owner/sole proprietor) compensation (in whatever form or name) is in excess of that being paid for similar non-Agency work under comparable circumstances (see FAR Subpart 31.205-6). Unallowable Charges Agency will not pay for direct or indirect costs that are unallowable under the provisions of 48 CFR Part 31 (- Federal Acquisition Regulations)Contract Cost Principles and Procedures. Costs or direct charges for, but not limited to, the following are not reimbursable: • All items listed as “Direct Costs Not Allowable” in Agency’s Billing Rate Policy (as may be revised from time to time by Agency) available at: xxxx://xxx.xxxxxx.xxx/ODOT/CS/OPO/pages/AE.aspx#Resources • Costs for negotiation of the Work Order Contract WOCs or Work Order Contract WOC amendments, including but not limited to proposal preparation, cost estimate BOC preparation, preparation for negotiations, and negotiation of level of effort/budget. • Costs related to disputesdisputes or E&O Claims, including but not limited to discussions, meetings and preparation of any dispute or claim related documentation. • Xxxx-up on subcontractors subconsultants or direct non-labor costs. • Costs for general administrative, non-project related tasks. • Transfer of knowledge and information related to Project Manager or other Key Person replacements. • Cost of preparing invoices and supporting documentation when the cost to prepare or provide such invoices or supporting documents has been included in Contractor’s overhead. • Costs for correcting Correcting or making adjustments to incorrect or improper invoices; . • Direct compensation for items included in firm’s indirect costs (unless properly credited back to indirect cost). • Premium costs incurred as a result of working overtime or holidays. (Premium time should normally be charged to overhead. Employees shall be paid at not less than time and one-half for all overtime worked in excess of 40 hours in any one week, except for individuals who are excluded from receiving overtime under personal services contracts pursuant to ORS 653.010 to 653.261 or under 29 U.S.C. 201 to 209.) • Any unallowable expenses for non-travel meals and refreshments under the provisions of the Oregon Accounting Manual, Non-travel Meals and Refreshments section.section (OAM 10.40.10). Exhibit B, Part 2 – Cost Information Forms referenced in this Exhibit may be viewed and downloaded at: xxxx://xxx.xxxxxx.xxx/ODOT/CS/OPO/pages/AE.aspx#Forms

SPECIFIC LIMITATIONS and UNALLOWABLE CHARGES. Specific Limitations For T&M compensation, Contractor shall invoice Agency only for actual productive time Contractor personnel spend on Services by any level of Contractor’s staff (up to the established not-to-exceed amount). Contractor’s general supervisors or personnel who are responsible for more than one Agency project shall charge only for actual productive time spent directly on the project identified in the Work Order Contract. Agency will pay Contractor only up to the hourly rates set forth in the Price Agreement Contract that are commensurate with the type of Services performed regardless of the classification, title, or level of experience of the individual performing those Services. Discriminatory Pricing. Charges as applied to work performed under Agency contracts and subcontracts may not be discriminatory against Agency. It is discriminatory against Agency if employee (or owner/sole proprietor) compensation (in whatever form or name) is in excess of that being paid for similar non-Agency work under comparable circumstances (see FAR Subpart 31.205-6). Unallowable Charges Agency will not pay for direct or indirect costs that are unallowable under the provisions of 48 CFR Part 31 (Federal Acquisition Regulations). Costs or direct charges for, but not limited to, the following are not reimbursable: • Costs for negotiation of the Work Order Contract or Work Order Contract amendments, including but not limited to proposal preparation, cost estimate preparation, preparation for negotiations, and negotiation of level of effort/budget. • Costs related to disputes, including but not limited to discussions, meetings and preparation of any dispute related documentation. • XxxxMark-up on subcontractors or direct non-labor costs. • Costs for general administrative, non-project related tasks. • Transfer of knowledge and information related to Project Manager or other Key Person replacements. • Cost of preparing invoices and supporting documentation when the cost to prepare or provide such invoices or supporting documents has been included in Contractor’s overhead. • Costs for correcting or making adjustments to incorrect or improper invoices; • Any unallowable expenses for non-travel meals and refreshments under the provisions of the Oregon Accounting Manual, Non-travel Meals and Refreshments section.