the contractor, acting as an independent contractor and ... government... · this solicitation is...

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TABLE OF CONTENTS

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS ........................................................................ 5 B.2 CONTRACT LIMITATIONS (SEPT 2017) ................................................................................................ 5 B.3 CONTRACT SCOPE (NOV 2016) .............................................................................................................. 6 B.4 CONTRACT LINE ITEMS (AUG 2017) ..................................................................................................... 6

SECTION C - STATEMENT OF WORK FOR FIRE LIFE SAFETY ENGINEERING AND CONSULTING SUPPORT .................................................................................................................................................................... 7

C.1 BACKGROUND ......................................................................................................................................... 7 C.2 CLIN 0100 - HEADQUARTERS FIRE LIFE SAFETY ENGINEERING AND CONSULTING SUPPORT ................................................................................................................................................................. 8 C.3 CLIN 0200 - NATIONAL FIRE LIFE SAFETY ENGINEERING AND CONSULTING SUPPORT ...... 12 C.4 SCHEDULES............................................................................................................................................. 15 C.5. SUSTAINABILITY ................................................................................................................................... 15 C.6 OTHER REQUIREMENTS ....................................................................................................................... 16

SECTION D - PACKAGING AND MARKING ..................................................................................................... 17 D.1 PACKAGING (MAY 1999) ....................................................................................................................... 17 D.2 MARKING (MAY 1999) ........................................................................................................................... 17

SECTION E - INSPECTION AND ACCEPTANCE ............................................................................................. 18 E.1 FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES ..................................... 18 E.2 GOVERNMENT REVIEW AND ACCEPTANCE (JAN 2015) ................................................................ 18

SECTION F - DELIVERIES OR PERFORMANCE ............................................................................................. 19 F.1 FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) .......................................... 19 F.2 CONTRACT PERIOD OF PERFORMANCE (FEB 2011)........................................................................ 19 F.3 DELIVERIES (FEB 2016) ......................................................................................................................... 19 F.4. DELIVERABLE AND REPORTING REQUIREMENTS FOR TASK ORDERS .................................... 19 (MAR 2008) ............................................................................................................................................................ 19 F.5 MONTHLY CONTRACT PROGRESS REPORTS (MAR 2016) ............................................................. 19 F.6 MONTHLY TASK ORDER PROGRESS REPORTS (MAR 2016) .......................................................... 21 F.7 BIWEEKLY CONFERENCE CALL (JULY 2017) ................................................................................... 21 F.8 TECHNICAL REPORTS – TASK ORDER CONTRACTS (JULY 2017) ................................................ 21 F.9 REPORTS OF WORK - REPORT DISTRIBUTION (JULY 2017) ........................................................... 22 F.10 RIGHTS IN DATA (DEC 2007) ................................................................................................................ 22 F.11 WARRANTIES (MAY 1999) .................................................................................................................... 23 F.12 LICENSES (MAY 1999)............................................................................................................................ 23 F.13 PLACE OF CONTRACT PERFORMANCE (OCT 2017) ......................................................................... 23 F.14 DELIVERABLE FORMAT (JULY 2017) ................................................................................................. 23

SECTION G - CONTRACT AND ADMINISTRATION DATA .......................................................................... 24 G.1 TAR 1252.242-73 CONTRACTING OFFICER’S REPRESENTATION (DEC 2015) ............................. 24 G.2 RESPONSIBILITY FOR CONTRACT ADMINISTRATION (MAR 2016) ............................................. 24 G.3 ORDERING (MAR 2016) .......................................................................................................................... 25 G.4 TASK ORDER LIMITATIONS (DEC 1998) ............................................................................................ 25 G.5 TASK ORDER OMBUDSMAN (SEPT 2017) .......................................................................................... 26 G.6 TECHNICAL DIRECTION (APR 2016) ................................................................................................... 26 G.7 ACCOUNTING AND APPROPRIATION DATA (MAY 1999)............................................................... 26 G.8 PAYMENT AND CONSIDERATION (APR 2008) .................................................................................. 26 G.9 PAYMENTS UNDER COST REIMBURSEMENT CONTRACTS (MAR 2016) .................................... 27

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G.10 PAYMENT OF FEE – COST PLUS FIXED FEE (MAR 2016) ................................................................. 29 G.11 PERFORMANCE EVALUATIONS (FEB 2015) ...................................................................................... 30 G.12 INVOICE/VOUCHER REVIEW (JULY 2017) ......................................................................................... 30 G.13 COST ACCOUNTING SYSTEMS (OCT 2017)........................................................................................ 30 G.14 INCREMENTAL FUNDING OF COST PLUS TASK ORDERS (MAR 2016) ........................................ 32 G.15 TRAVEL AND PER DIEM (APR 2017) .................................................................................................... 34 G.16 ALLOTMENT (OCT 2017) ....................................................................................................................... 34 G.17 SUBCONTRACTING REPORT (AUG 2017)........................................................................................... 34

SECTION H - SPECIAL CONTRACT REQUIREMENTS ................................................................................. 36 H.1 NON-PERSONAL SERVICES (DEC 1998) ............................................................................................. 36 H.2 HOURS OF WORK (OCT 2017) ............................................................................................................... 36 H.3 CONTRACTOR RESPONSIBILITY (DEC 2016) .................................................................................... 37 H.4 PAYMENT FOR OVERTIME (DEC 1998 ................................................................................................ 37 H.5 INSURANCE (MAR 2016) ........................................................................................................................ 37 H.6 LEVEL-OF-EFFORT NOTIFICATION (FEB 2011) ................................................................................ 38 H.7 MAXIMUM FEE/PROFIT (DEC 2007) .................................................................................................... 39 H.8 SUBCONTRACT APPROVAL (AUG 2017) ............................................................................................ 39 H.9 PERFORMANCE OF WORK AND SAFETY PROVISIONS ON GOVERNMENT PREMISES (APR 2003) 40 H.10 SAFETY AND ACCIDENT PREVENTION (APR 2017) ......................................................................... 40 H.11 SAFETY AND HEALTH (APR 2017)....................................................................................................... 40 H.12 ACCOUNTING SYSTEM (MAR 2016) .................................................................................................... 41 H.13 CONTRACTOR POLICY TO BAN TEXT MESSAGING WHILE DRIVING (FEB 2010) ..................... 41 H.14 GPO PRINTING REQUIREMENT (SEP 2009) ........................................................................................ 42 H.15 SALES TAX EXEMPTION (MAY 2009) ................................................................................................. 42 H.16 INFORMATION TECHNOLOGY RULES OF BEHAVIOR (DEC 2015) ............................................... 43 H.17 TAR 1252.209-70 DISCLOSURE OF CONFLICTS OF INTEREST (OCT 1994).................................... 43 H.18 VISITOR IDENTIFICATION REQUIREMENTS FOR FEDERAL FACILITIES (MAR 2016).............. 44 H.19 EXCLUSIONS DUE TO ORGANIZATIONAL CONFLICTS OF INTEREST (JUL 2015) ..................... 45 H.20 SECURITY AND POSITION SENSITIVITY DESIGNATIONS (AUG 2017) ........................................ 46 H.21 INCIDENTAL HARDWARE/SOFTWARE (SEP 2009) .......................................................................... 46 H.22 HANDLING OF DATA (AUG 2011) ........................................................................................................ 47

SECTION I - CONTRACT CLAUSES ................................................................................................................... 51 I.1 FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) .............................................. 51 I.2 FAR 52.204-1 APPROVAL OF CONTRACT (DEC 1989) ........................................................................... 56 I.3 FAR 52.215-19 NOTIFICATION OF OWNERSHIP CHANGES (OCT 1997) ............................................. 56 I.4 FAR 52.244-6 SUBCONTRACTS FOR COMMERCIAL ITEMS (JAN 2017) ............................................. 56 I.5 FAR 52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS OR STATEMENTS (JAN 2017).................................................................................................. 57 I.6 FAR 52.216-18 ORDERING (OCT 1995) .................................................................................................... 58 I.7 FAR 52.216-19 ORDER LIMITATIONS. (MAR 2016) ................................................................................ 58 I.8 FAR 52.216-22 INDEFINITE QUANTITY (OCT 1995) ............................................................................... 59 I.9 FAR 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) ............................. 59 I.10 TAR 1252.237-73 KEY PERSONNEL (AUG 2017) ................................................................................. 59

SECTION J – LIST OF ATTACHMENTS............................................................................................................. 61

SECTION K - REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF OFFERORS ..................................................................................................................................................................................... 62

K.1 IMPORTANCE OF ANNUAL REPRESENTATIONS AND CERTIFICATIONS (FEB 2013) ............... 62 K.2 FAR 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JUNE 2017) ..................... 62 K.3 FAR 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS .................................... 65 (JUL 2013) .............................................................................................................................................................. 65

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K.4 FAR 52.203-18 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS-REPRESENTATION (JAN 2017) ..................................... 66 K.5 FAR 52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016) ................................. 67 K.6 FAR 52.209-12 CERTIFICATION REGARDING TAX MATTERS (FEB 2016) .................................... 67 K.7 TAR 1252.237-71 CERTIFICATION OF DATA (APR 2005) .................................................................. 68

SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS ........................................ 69 L.1 SOLICITATION PROVISIONS ................................................................................................................ 69 L.2 GENERAL INFORMATION .................................................................................................................... 71 L.3 GENERAL INSTRUCTIONS FOR TECHNICAL PROPOSAL AND COST AND BUSINESS PROPOSAL PREPARATION ................................................................................................................................ 74 L.4 CONFLICT OF INTEREST DISCLOSURE REQUIREMENT ................................................................ 76 L.5 INSTRUCTIONS FOR COST AND BUSINESS PROPOSAL ................................................................. 77 L.6 INSTRUCTIONS FOR TECHNICAL PROPOSAL (VOLUME II) .......................................................... 91

SECTION M - EVALUATION FACTORS FOR AWARD .................................................................................. 97 M.1 BASIS FOR AWARD ................................................................................................................................ 97 M.2 ORDER OF IMPORTANCE ...................................................................................................................... 97 M.3 TECHNICAL PROPOSAL EVALUATION ............................................................................................. 98 M.4 ADJECTIVAL RATINGS AND DEFINITIONS ...................................................................................... 99 M.5 COST EVALUATION ............................................................................................................................. 100

ATTACHMENT J.1 – MASTER CONTRACT COST PROPOSAL COVER SHEET.................................... 102 ATTACHMENT J.2 – MASTER CONTRACT COST AND BUSINESS PROPOSAL CHECKLIST ........... 103

ATTACHMENT J.3 -MONTHLY TASK ORDER COST REPORT FORMAT .............................................. 106

ATTACHMENT J.4 – FIRE LIFE SAFETY LABOR CATEGORY QUALIFICATIONS ............................. 109

ATTACHMENT J.5 – FIRE LIFE SAFETY QUALITY ASSURANCE ........................................................... 111

SURVEILLANCE PLAN (QASP) ......................................................................................................................... 111 ATTACHMENT J.6 – FIRE LIFE SAFETY MASTER CONTRACT COST PROPOSAL SCHEDULES 1-10 ................................................................................................................................................................................... 115

ATTACHMENT J.7 - CLIENT AUTHORIZATION LETTER ......................................................................... 116

ATTACHMENT J.8 - SAMPLE PAST PERFORMANCE QUESTIONAIRRE .............................................. 117

ATTACHMENT J.9 – TASK ORDER INVOICE COVER PAGE .................................................................... 123

ATTACHMENT J.10 – TRAVEL AUTHORIZATION REQUEST (TAR) ...................................................... 124

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IMPORTANT SOLICITATION INFORMATION This solicitation is for a 100 percent Small Business Set-Aside (SBSA). All Offerors submitting proposals in response to this solicitation must be registered as a small business under North American Industry Classification System (NAICS) 541330, Engineering Services, and must perform at least 51 percent of the effort. The Government intends to award one or two Indefinite Delivery/Indefinite Quantity (IDIQ) task order contracts resulting from this solicitation either by awarding Contract Line Item Number (CLIN) 0100 and CLIN 0200 to a single contractor or by awarding CLIN 0100 to one contractor and CLIN 0200 to another. Source selection will be on the basis of best value determination for each CLIN (See Section M). CLINs 0100 and 0200 each contain distinct and separate statements of work. In the event that two contracts are awarded, individual task orders will NOT be competed among awardees.

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 CONTRACT TYPE (SEPT 2017) A. This is an Indefinite Delivery/Indefinite Quantity (IDIQ) task order contract. Work will be placed under this contract through the issuance of task orders. B. Task orders may be issued on a Firm-Fixed Price (FFP), Cost-Plus-Fixed-Fee (CPFF) completion, or CPFF term basis at the Contracting Officer's discretion consistent with the guidelines provided in Part 16 of the Federal Acquisition Regulations (FAR). Performance-based task orders will be used to the maximum extent practicable. C. Individual FFP Task Orders will be issued pursuant to FAR 16.202. Individual CPFF task orders will be issued on a completion-type basis pursuant to FAR 16.303(d)(1). If a completion-type task order is not appropriate, a term-type task order may be issued pursuant to FAR 16.306(d)(2). D. The Contract Line Item Number (CLIN) structure provided in Subsection B.4 below establishes a CLIN for the three contract types/pricing methods available for use under this contract. Because using a particular contract type/pricing methodology requires terms and conditions specific to that use, this contract includes terms and conditions covering FFP, CPFF-completion, and CPFF-term tasks. In general, these terms and conditions are clear on their face with regard to applicability. B.2 CONTRACT LIMITATIONS (SEPT 2017) A. CLIN [0100 AND/OR 0200, TO BE COMPLETED AT TIME OF AWARD] Maximum Contract Value: The value of all task orders placed under CLIN _______ shall not exceed $[TO BE COMPLETED AT TIME OF AWARD]. As a task order is issued, its value is subtracted from the total CLIN value available. B. Minimum Guarantee: The guaranteed minimum is $3,500.00.

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B.3 CONTRACT SCOPE (NOV 2016) The Contractor, acting as an independent Contractor and not as an agent of the Government, shall furnish all personnel, supplies, facilities, materials, support, and management necessary to provide the services required under this contract. The scope of this effort is defined in the Statement of Work (SOW) (see Section C). Specific work requirements will be stated in individual task orders. The Government may, at its discretion, provide Government-Furnished Property (GFP) if/as determined necessary. If GFP is determined by the Government to be necessary, it will be identified in the individual task orders. B.4 CONTRACT LINE ITEMS (AUG 2017) ITEM NO. SERVICES CEILING VALUE CLIN 0100 Headquarters Fire Life Safety Engineering and Consulting $ TBD

Support, including other agency Headquarters programs, exclusive of any regional offices throughout the United States, Puerto Rico, and Guam, with a focus on developing and implementing FLS policy and procedures as well as program management and strategy on a national scale.

CLIN 0200 National Fire Life Safety Engineering and Consulting $ TBD Support, including all Non-Headquarters regional offices throughout the United States, Puerto Rico, and Guam, with a focus on executing fire life safety (FLS) policy through inspection, reporting, and engineering support to regional offices.

CLIN 0300 Minimum Guarantee $3,500.00

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SECTION C - STATEMENT OF WORK FOR FIRE LIFE SAFETY ENGINEERING

AND CONSULTING SUPPORT C.1 BACKGROUND The United States Department of Transportation, Office of the Secretary, Volpe National Transportation Systems Center, (Volpe Center), has been providing fire life safety (FLS) expertise to various sponsors in areas related to Transportation Systems, Vehicles, and Facilities. As a result of continued demands for the Volpe Center’s expertise in the area of FLS, the Volpe Center continues to provide engineering support services across the nation in all aspects of the Fire Protection Engineering discipline. The Volpe Center’s proven approach uses a combination of Federal staff and Contractor employees to meet the broad and ever changing range and quantity of skills, experience, and expertise needed for such support. With Contractor support, the Volpe Center can quickly respond to new requirements by drawing from an established team of accessible professional contractor resources. These resources represent a critical component of the Volpe Center’s overall technical resources. The Volpe Center seeks a broad range of FLS engineering and consulting expertise to help support the Volpe Center’s work. The NAICS for engineering services is 541330. The majority of the Volpe Center’s work has historically been with the Federal Aviation Administration’s (FAA) Energy and Safety Division for its National Fire Life Safety Program (FLSP). The FLSP’s Prime objective is to ensure that all FAA-owned and/or operated Air Traffic Control Towers (ATCTs) are in compliance with 29 Code of Federal Regulations (CFR) 1960.20 – The Alternate Standard for Fire Safety in Airport Traffic Control Towers, which was established cooperatively with the FAA, the Office of the Secretary of Transportation, and the Occupational Safety and Health Administration (OSHA). In addition, the FLSP provides fire safety support and guidance for other FAA facilities such as Air Route Traffic Control Centers, Terminal Radar Approach Control Facilities, Flight Service Stations, and other similar aviation support facilities. Typical work activities include, but are not limited to, code compliance consultation, field inspections and surveys, engineering design support, engineering policy evaluation, performance-based design assessments, design reviews, system inspections and testing, construction quality assurance and inspections, resident engineer support, engineering studies, and project management support. Other transportation-related sponsors may include the Federal Rail Administration, the Maritime Administration (MARAD), the Department of Defense, and the U.S. Coast Guard. FLS activities for other transportation-related sponsors have included risk assessments, emergency preparedness planning, small scale fire testing, materials assessments, egress analysis, performance-based design and computer model analysis along with traditional engineering design and field inspection support.

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C.2 CLIN 0100 - HEADQUARTERS FIRE LIFE SAFETY ENGINEERING AND CONSULTING SUPPORT CLIN 0100 is for engineering and consulting services to the Volpe Center for FLS support to FAA Headquarters and other agency Headquarters programs, exclusive of any regional offices throughout the United States, Puerto Rico, and Guam, with a focus on developing and implementing FLS policy and procedures as well as program management and strategy on a national scale. Anticipated support needs include, but are not limited to, the following areas:

1. Program management and policy guidance support; 2. Fire protection codes and standards consultation; 3. Fire testing research and development; 4. QA/QC inspections, condition assessments and evaluations; 5. Risk assessments/fire hazard analysis program implementation; 6. Training program development and implementation; 7. Emergency preparedness planning; 8. Special projects/fire protection engineering (FPE) ad hoc support; and 9. Fire protection systems design/engineering support.

Functional area task descriptions are as follows: C.2.A Program Management/Policy Guidance Support The Contractor shall provide all the labor and materials necessary to provide program management and policy guidance support in support of National Fire and Life Safety Program Goals/Objectives. Program management and policy guidance support, includes, but is not limited to, program guidance on needs and implementation approaches, training needs assessments, recommendations or novel approaches to improving management/technical cost and schedule efficiencies, business analyses, committee/working group policy chair and support, safety committee participation, national/regional/program seminar or conference planning and implementation, and budget/cost/trend analysis of fire protection data. The Contractor shall provide management and technical reports, management and technical policy guidance, engineering studies, equivalency proposals, analyses, presentations, guidance, cost savings measures, and business analyses reports. Other reports may be required. See Section F.14. Detailed requirements of deliverables will be provided at the individual task order level. C.2.B Fire Protection Codes and Standards Consultation The Contractor shall provide all the labor and materials required to perform fire protection consulting services in the areas of FLS codes, standards, and agency Headquarters policy compliance requirements. Codes such as the National Fire Protection Act (NFPA) publications, OSHA publications, International Existing Building Code, CFR, Safety of Life at Sea, state and local building codes, and standards of care shall be used by the Contractor as appropriate codes

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and standards for compliance requirements. The Contractor shall provide consultation and guidance pertaining to national codes and standards as these codes and standard apply to the national program. For example, providing support in evaluating the impacts of code changes to the overall national program and proposing changes to national codes to reflect agency unique fire protection challenges (e.g., ATCTs). The Contractor shall also provide recommendations and guidance to facilities on compliance issues and unique challenges. The Contractor shall provide detailed written reports documenting recommendations and proposed code changes and actions resulting from the above task. Specific deliverables will be defined within the individual task order. Detailed requirements of deliverables will be provided at the individual task order level. C.2.C Fire Testing Research and Development The Contractor shall provide all the labor and materials necessary to perform the requirements of this task, including applying fire science principles and theory in the development and/or application of computer models to address such subjects, including, but not limited to, fire hazard evaluations, material fire performance, smoke and heat movement, fire growth and spread, and heat release rate. In addition, the Contractor shall provide fire testing laboratory support (e.g., Southwest Research Lab, National Institute of Standards and Testing, etc.) to develop computer fire models and better understand small- and full-scale fire behavior of various materials and mock ups (e.g., scaled passenger train mock up). Results from fire testing and modeling may be applied by the Government to support policy or regulatory decisions, equivalency determinations, performance-based alternative designs or engineering calculations/rationales in support of FLS system upgrades, or new applications to both facilities and transportation vehicles. The Contractor shall develop fire research test plans, procedures, field tests, inspections, and evaluation reports. The Contractor shall also provide software-based fire model results, flow calculation reports, and engineering reports as appropriate. The Contractor shall provide reports and analyses in accordance with Section F.14. Detailed requirements of deliverables will be provided at the individual task order level. C.2.D Quality Acceptance/Quality Control (QA/QC) Inspections, Condition Assessments and Evaluations The Contractor shall provide all the labor and materials necessary to perform FAA HQ nationwide QA/QC inspections and condition assessment evaluations. As part of this task, the Contractor shall include developing inspection criteria, data collection protocols, evaluation criteria, and analysis of findings. The Contractor shall also perform trending analyses for the purpose of understanding the prioritization of the fire protection program needs and may, at the request of the Volpe Center Contracting Officer (CO), include annual or bi-annual QA/QC inspections at Federal facilities to determine the effectiveness of the national program. The locations and times of the site visits will be coordinated between the Volpe Center Contracting Officer’s Representative (COR) and the Contractor. Site visits may be required at the request of the Volpe Center CO for the Contractor to provide training on the condition assessment process

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or the results from a fire safety issue or concern identified during the inspections, assessments, or evaluations. The locations and times of the training site visits will be coordinated between the Volpe Center COR and the Contractor. The Contractor shall provide inspection reports, condition assessment results and FLS system equipment data. Reports shall be provide in accordance with Section F.14. Detailed requirements of deliverables will be provided at the individual task order level. C.2.E Risk Assessments/Fire Hazard Analysis Program Implementation The Contractor shall provide all the labor and materials to develop, implement, perform or review risk/fire hazard assessments to evaluate FLS systems. These risk assessments may apply to airport facilities, passenger train vehicles, MARAD ships, or other transportation vehicles. The Contractor shall be familiar with NFPA and Mil-Std-882 Standard Practices for Systems Safety Program Requirements as a standard evaluation approach. The risk assessment or fire hazard analysis process developed by the Contractor shall evaluate individual project/task objectives, substantiate risk assessment methodology to be applied, perform risk/fire hazard assessments, evaluate and categorize risk reduction methods, and provide findings and recommendations. The Contractor shall evaluate individual hazards, and develop recommendations for mitigating fire risks to occupants. The Contractor shall provide written reports documenting risk assessment/fire hazard analysis or independent review findings to the Volpe Center CO and COR. Reports shall be required in accordance with Section F.14. Detailed requirements of deliverables will be provided at the individual task order level. C.2.F Training Program Development and Implementation The Contractor shall provide all the labor and materials to support training needs identification, development, and implementation. Training requirements shall encompass all aspects of the FLS programs/systems such as FLS compliance, codes; and policy reviews; fire protection passive/ active systems; hazards identification, life cycle maintenance; emergency procedures; recognition of code violations; standard designs and specifications; QA/QC procedures with the end goal of standardization; code compliance, employee fire safety awareness; and meeting fire safety program goals. Training typically involves, but is not limited to, emergency operating procedures, life cycle inspection, troubleshooting and maintenance, and engineer or operator troubleshooting training as well as other training to meet the overall objectives of the fire safety programs along with economizing on training implementation. As new training needs are identified, the Contractor shall provide training support in the areas of course development, training aides, course implementation, instruction, and feedback to further enhance the training modules. Training aides shall, at a minimum, encompass development of drawings and specifications for, and to construct trainers such as specific manufacturer fire alarm panels, smoke control systems, fire stopping aides, and other similar visual aids. Novel training techniques such as web-based or interactive personal computer (PC)-based training shall also be employed by the Contractor. Training materials provided by the Contractor shall be compliant with Section 508 of the Rehabilitation Act of 1973 (29 U.S.C. § 794 d).

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The Contractor shall provide training needs assessments, training plans, training modules (PC or web based, Americans with Disabilities Act compliant, etc.), course handouts, physical training aides such as fire alarm panels or fire stopping aides, power point slides, test and evaluation criteria, instructors, training instruction manuals, and systems technical specialist/experts as appropriate. Reports shall be provided in accordance with Section F.14. Detailed requirements of deliverables will be provided at the individual task order level. C.2.G Emergency Preparedness Planning The Contractor shall provide all the labor and materials to review and/or develop standard national program emergency action plans, fire safety plans and procedures for the user communities in the areas of fire emergency responses, emergency assignments, and development of appropriate instructions/procedures, including interfaces with security hardware/systems/ procedures as necessary. Individual assignments shall include detailed instruction on skills and knowledge necessary to communicate emergencies, perform emergency procedures, operate fire-fighting systems, and conduct orderly egress, if necessary, due to fire threats. The Contractor shall assist with identifying emergency equipment requirements, signage, and train users on recommended responses during an emergency, including fire systems capabilities. The Contractor shall develop training on the procedures identified in the emergency preparedness planning that may include, but not be limited to, response to smoke detection system activation alarms, smoke pressurization failures, use of emergency escape breathing devices, operation of hand-held fire extinguishers, start up and monitoring of emergency diesel generators, communication procedures, observations of emergency egress fire drills, fire prevention plans, and identification and reporting procedures of fire hazards such as improper storage of materials/liquids. C.2.H Special Projects/Fire Protection Engineer (FPE) Ad Hoc Support The Contractor shall provide FPE support for special projects and ad hoc tasks such as short notice requests (requests that are made within 24 to 48 hours) to evaluate an emerging field issue or an engineering design or implementation issue. Ad hoc support may require the Contractor to be on site within 24 to 48 hours of the COR’s request. The Contractor shall provide support for special FLS projects. Examples of special projects include:

• Seismic bracing analysis for sprinkler piping/retrofit plan to implement; • Smoke modeling site specific under floor detection and live testing at on-line facility; • Sprinkler corrosion analyses at various sites, including water sampling, borescope video,

inspections, and trend analyses/reporting, recommendations; • New emerging technologies; • Fire incident investigations; • Engineering troubleshooting; • Impacts on mold remediation to FLS systems during upgrades, interim measures, and

methods to protect building occupants;

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• Security/egress analysis for specific type facilities; • Develop NFPA standards for occupant loads in ATCTs; • QA/QC FLS trend analyses and OSHA inspection results trend analyses; • Emergency bus/panel generator transfer requirements for FLS systems and code

interpretations; • Subject matter expertise on; human behavior, fire behavior, smoke control, egress,

emergency procedures, specific active/passive fire safety systems, hazardous and fire resistive materials, fire investigation, early warning fire detection, class A, multi-sensor and optical, etc.;

• Hazard analysis/monitoring of potential explosive environment; • Performance-based design alternative/fire modeling for ATCTs; • Maintenance orders/smoke pressurization test and monitoring requirements, UUKL

requirements/implementation into designs; • Structural fire analysis/modeling of exposed beams in ATCTs; • IBC and NFPA code revisions for ATCTs; and • FLS certification inspections

C.2.I Fire Protection Systems Design/Engineering Support The Contractor shall provide all the labor and materials to perform FPE services and to support fire protection systems design and engineering support tasks, including, but not limited to:

• National standard specification development • Review and development of engineering designs • Performance-based designs • Detailed construction cost estimating • Engineering judgements • Innovative FPE designs

The Contractor shall provide reports, engineering design packages, specifications, drawings, technical information papers, instructions, procedures, and plans. To be determined based on scope of work and required deliverable. C.3 CLIN 0200 - NATIONAL FIRE LIFE SAFETY ENGINEERING AND CONSULTING SUPPORT CLIN 0200 is to support fire protection needs for individual facilities and transportation vehicles located throughout the United States, Puerto Rico, and Guam. The Contractor shall provide the services of CLIN 0200 to serve the regional areas of various agencies, not including Headquarters operations. The task areas include, but are not limited to:

• Facility codes/standards compliance inspections and evaluations • Facility fire protection systems design/engineering support • Facility fire protection testing and QA inspections • Facility code evaluations/equivalency determinations and engineering judgements

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• Facility field construction engineering support • FPE ad hoc consulting support

Functional area task descriptions are as follows: C.3.A Facility Codes/Standards Compliance Inspections and Evaluations The Contractor shall provide fire protection inspection and evaluation consulting services in the areas of FLS codes related to specific facilities and transportation vehicles. The Contractor shall provide all the labor and materials to perform fire protection consulting services in the areas of FLS codes, standards, and compliance requirements. Codes such as the National Fire Protection Association publications, OSHA publications, International Existing Building Code, CFR (rail, marine, etc.), Safety of Life at Sea, American Society for Testing and Materials, state and local building codes, and FAA Standards of Care identified as applicable to a specific compliance evaluation or fire protection problem at a minimum shall be used during the conduct of a specific work assignment. The Contractor shall perform FLS compliance evaluations that shall assess a transportation facility/vehicles’ FLS system and will include items such as passive and active systems, egress requirements, fire barriers, penetrations, materials, hazards, smoke detection and alarm systems, smoke control, fire suppression systems, emergency fire response procedures, and fire risks. Compliant and non-compliant issues shall be identified by the Contractor along with fire safety code citations, recommendations, and cost estimates for compliance with fire safety codes. C.3.B Facility Fire Protection Systems Design/Engineering Support The Contractor shall provide fire protection system design and engineering services related to specific facilities and transportation vehicles. The Contractor shall provide all the labor and materials to perform FPE services in the following skill and subject areas:

• Develop specification and/or use Sponsor national specifications; • Provide Auto-Cad or Micro Station drawing development; • Provide Registered FPE review and approvals (PE Stamp/fire protection)

throughout the 50 states, Puerto Rico, and Guam; • Provide conceptual and engineering designs; • Provide performance-based designs; • Perform design reviews; • Create and provide detailed, accurate construction cost estimating; • Provide on-call FPE expertise and support via telephone, e-mail, and in person.

On call response time shall be within 1 business day and support may require site or meeting attendance within 24 to 48 hours of a request of the Volpe Center COR;

• Provide subject matter expertise on the following: class A fire alarm, smoke pressurization, fire stopping and barriers, seismic requirements, fire behavior, smoke control, egress, emergency procedures, specific active/passive fire safety systems, hazardous and fire resistive materials, fire investigation, and engineering judgements;

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• Perform and provide flow calculations and analysis to assist in design of fire suppression systems; and

• Provide risk analysis of fire protection construction upgrades. C.3.C Facility Fire Protection Testing and Quality Assurance (QA) Inspections The Contractor shall provide all the labor and materials to provide tests and evaluations in the discipline of FPE for various facilities. This task includes field QA inspections, witness system functional testing, troubleshooting, fire drill and emergency response evaluations. The Contractor shall also review test plans, QA procedures, field tests, and inspections and provide recommendations for improvement. C.3.D Facility Code Evaluations/Equivalency Determinations and Engineering Judgements The Contractor shall provide all the labor and materials for performing codes and standards evaluations and interpretations and evaluations of Federal and state fire safety regulatory requirements for specific facilities to determine compliance requirements and/or equivalencies. The Contractor shall provide engineering services to identify Federal, state, and local regulations applicable to a specific facility or transportation vehicle for the purpose of evaluating FLS systems, proposing/determining equivalencies as appropriate, or to support system retrofits and/or new construction project. The Contractor shall be required to review proposed manufacturer engineering analysis, develop alternative solutions, and prepare engineering recommendations for a particular project need. C.3.E Facility Field Construction Engineering Support The Contractor shall provide all the labor and materials to assist the Volpe Center with field construction engineering support. The services to be provided by the Contractor shall include evaluating various facility construction projects for adherence to subject codes, engineering designs, specifications, policy, and good engineering practices. The Contractor shall also support field construction oversight (engineer of record) in the area of FPE, construction risk analysis, and submittal reviews. The Contractor shall assist the Volpe Center with final acceptance testing/inspections at key milestones during construction to assist the Volpe Center with any issues that may arise, and the Contractor shall provide training assistance during introduction of a new system to technicians. This task is to help ensure full compliance to design specifications, standards, and drawings; evaluate and/or develop engineering modifications; and provide technical assistance and recommendations to the COR, the resident engineers, and facility managers during construction. The Volpe Center may require a fire protection engineer to support an on-site resident engineer oversight role to fill in during a project. Also, the Contractor may be required to provide technical assistance during any significant warranty, troubleshooting, repair, or re-work issues. In addition, the Contractor shall be required to evaluate and issue upgrade certification letters validating compliance with NFPA/OSHA 1960.20 compliance intent as well as making recommendations for upgrades that will bring the facility into compliance.

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C.3.F FPE (FPE) Ad Hoc Consulting Support The Contractor shall provide all the labor and materials to utilize or access Subject Matter Experts (SMEs)/FPEs for emerging needs and to meet the specific defined project needs. FPEs shall be required for short notice requests and respond within 48 hours (including weekends and holiday) from the date/time of the request from the COR to evaluate an emerging field issue, engineering design or implementation issue, third-party inspection, etc. Typical examples of areas of support shall be in the following areas:

• Engineering troubleshooting • Engineering judgment or guidance • Fire detection and alarm field performance issue • Sprinkler and water based suppression field performance issue • Third-party inspection/test witness • Performance-based design solutions • Fire investigation • Evaluation of FLS hazards

The Contractor shall provide all the labor and materials to support ad hoc-type engineering requests on an as-needed basis. Typical ad hoc support may require technical or project support involving travel to a meeting or provide support for call-in consultation; short duration (no longer than 3 days) field visits to inspect or investigate a design; operational issue or hazard risk; or provide technical guidance, recommendations, or interpretation. This type of work support shall require additional tracking procedures to maintain short turnaround schedules (typically within 10 business days). C.4 SCHEDULES Schedules will be developed, as appropriate, at the time of individual task order assignments. C.5. SUSTAINABILITY To the maximum extent possible and consistent with the FAR Part 23, during the performance of the work under this SOW, the Government requires the Contractor to provide or use products that are energy efficient (ENERGY STAR® or Federal Energy Management Program-designated); water efficient; bio based; environmentally preferable (e.g., EPEAT-registered, or non-toxic or less toxic alternatives); made with recovered materials; or non-ozone depleting that minimize or eliminate, when feasible, the use, release, or emission of high global warming potential hydrofluorocarbons such as by using reclaimed instead of virgin hydrofluorocarbons. Unless otherwise identified in this SOW, each recovered materials or bio-based product provided and delivered must meet, but may exceed, the minimum recovered materials or bio-based content of an Environmental Protection Agency- or U.S. Department of Agriculture-designated product. The sustainable acquisition requirements specified herein apply only to products that are required to be (1) delivered to the Government during contract performance; (2) acquired by the Contractor for use in performing services (including construction) at a Federally controlled

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facility; (3) furnished by the Contractor for use by the Government; or (4) specified in the design of a building or work, or incorporated during its construction, renovation, or maintenance. C.6 OTHER REQUIREMENTS

All electronic and information technology deliverables rendered under this contract must comply with Section 508 of the Rehabilitation Act and the Access Board Standards available for viewing at http://www.section508.gov.

http://www.section508.gov/

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SECTION D - PACKAGING AND MARKING

D.1 PACKAGING (MAY 1999) The Contractor shall ensure that all items are preserved, packaged, packed, and marked in accordance with best commercial practices to meet the packing requirements of the carrier and ensure safe delivery at destination. D.2 MARKING (MAY 1999) All items submitted to the Government shall be clearly marked as follows: 1. Name of Contractor;

2. Contract number; 3. Task order number; (if applicable) 4. Description of items contained therein; 5. Consignee's name and address; and 6. If applicable, packages containing software or other magnetic media shall be marked on

external containers with a notice reading substantially as follows: "CAUTION: SOFTWARE/MAGNETIC MEDIA ENCLOSED. DO NOT EXPOSE TO HEAT OR MAGNETIC FIELDS."

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SECTION E - INSPECTION AND ACCEPTANCE

E.1 FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES NUMBER TITLE DATE 52.246-2 INSPECTION OF SUPPLIES – FIXED PRICE AUG 1996 52.246-3 INSPECTION OF SUPPLIES – COST REIMBURSEMENT MAY 2001 52.246-4 INSPECTION OF SERVICES - FIXED-PRICE AUG 1996 52.246-5 INSPECTION OF SERVICES - COST-REIMBURSEMENT APR 1984 52.246-16 RESPONSIBILITY FOR SUPPLIES APR 1984 E.2 GOVERNMENT REVIEW AND ACCEPTANCE (JAN 2015) 1. Technical inspection and acceptance of all work, performance, reports, and other deliverables

under this contract shall be performed at the location specified in the individual task order. The task order shall also designate the individual responsible for inspection and acceptance as well as the basis for acceptance. Task order deliverable items rejected shall be corrected in accordance with the applicable clauses.

2. Unless otherwise stated in the individual task order, the Government requires a period not to

exceed thirty (30) calendar days after receipt of the final deliverable item(s) for inspection and acceptance or rejection. Final acceptance rests with the CO or designee.

3. Inspection and acceptance of supplies/services for performance-based task orders (i.e., FFP

or CPFF - Completion) shall have identifiable performance measures and metric/quality acceptable levels that will form the basis of the inspection and acceptance criteria. For each performance-based task order, the Government will develop a quality assurance plan for use in monitoring contractor performance against the performance measures and metric/quality acceptable levels that shall be clearly defined. The quality assurance plans will be developed at the task order level.

4. The Government has the right to inspect all supplies and services required by the individual

task orders, to the extent practicable, at any and all places and times and in all circumstances or event before acceptance.

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SECTION F - DELIVERIES OR PERFORMANCE

F.1 FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) This contract incorporates one or more clauses, by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): http://www.arnet.gov/far (FAR) http://www.dot.gov/ost/m60/tamtar/tar.htm (TAR) http://www.dot.gov/ost/m60/earl/tamcomplete.htm (TAM) NUMBER TITLE DATE 52.242-15 STOP WORK ORDER (applies to FFP task orders) AUG 1989 52.242-15 STOP WORK ORDER ALTERNATE I (applies to CPFF AUG 1989

task orders) 52-247-34 F.O.B. DESTINATION NOV 1991 F.2 CONTRACT PERIOD OF PERFORMANCE (FEB 2011) This contract shall become effective on the date the CO signs the contract. The ordering period and performance period will begin on the date of contract award. The ordering period will continue for 54 months thereafter (i.e., term of the contract). Also see the clause in Section I titled, "Ordering" (FAR 52.216-18). The performance period will continue until the time specified in the clause in Section I.1 titled, “Indefinite Quantity” (FAR 52.216-22). F.3 DELIVERIES (FEB 2016) Delivery of supplies, services, and written documents (e.g. reports, briefings, presentations, etc., including required formats and delivery locations) shall be in accordance with the task order requirements. All correspondence and reports related to each task order shall be delivered to the CO, designated Task Order Contracting Officer (TOCO), and/or designated Task Order Contracting Officer’s Representative (TOCOR), as specified in the task order. F.4. DELIVERABLE AND REPORTING REQUIREMENTS FOR TASK ORDERS (MAR 2008) Specific deliverable and reporting requirements will be specified at the task order level. F.5 MONTHLY CONTRACT PROGRESS REPORTS (MAR 2016) A Contractor who has been awarded one or more task orders for work performed shall provide monthly overall contract progress reports. The contract progress reports shall be submitted no

http://www.arnet.gov/far

http://www.dot.gov/ost/m60/tamtar/tar.htm

http://www.dot.gov/ost/m60/earl/tamcomplete.htm

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later than the 15th of each month. The Government requires submission of reports electronically in a Microsoft Office 2013 compatible format. The monthly progress reports shall address all activity under the contract through the last day of the previous month. The reports shall contain, at a minimum, the following information: 1) A listing of all new task orders accepted for the preceding month, including for each:

a) Task order number and date of issuance; b) Brief description of work covered by task order, including estimated

hardware/software amounts (if applicable); c) Amount obligated under task order; d) Total number of hours ordered by the CO, if applicable; total number of hours incurred

by the Contractor by labor category for CPFF Completion and/or CPFF Term Task Orders.

e) Key milestones (including date of deliverables); f) Subcontractor information, if applicable, including name(s), classification of

subcontractor (i.e., small, disadvantaged, large, etc.), type of effort being performed, estimated amount/percentage of work to be done by subcontractor(s), and success in meeting Subcontracting Plan goals (if applicable ;

g) Type of task order (i.e., FFP, CPFF - Completion, CPFF - Term); and h) Key personnel assigned to each task order, including Prime Contractor contact

point and phone number for each task order. 2) A listing of all ongoing task orders (excluding those from paragraph 1 above), including:

a) Task order number and date of issuance; b) Any modifications to the task order; c) Summary of dollars expended to date per task order; d) Estimated percentage of work yet to be completed on the task order; and e) Progress in meeting performance measures under the task order (if applicable).

3) A listing of all completed task orders, including:

a) Task order number and date of issuance; b) Number and value of modifications issued for the task order; c) Completion date of task order and whether or not inspection and acceptance has

been performed by Government; d) Total dollar amount of task order, including modifications;

e) Success/failure in meeting performance measures under the task order (if applicable); and f) Status of performance evaluation comments. 4) Significant findings, problems, delays, events, and trends during the reporting period that

result from or affect the performance of any task order.

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5). Contractor shall report all on-going and completed work and cost by the accounting string

level in monthly cost and progress reports. Any data submitted in the contract progress reports, along with other relevant information, may be included in a past performance database developed and maintained by the Government. (See Section G.11, Performance Evaluations). F.6 MONTHLY TASK ORDER PROGRESS REPORTS (MAR 2016) A monthly progress report shall be submitted for each task order. Monthly progress reports shall be submitted no later than the 15th of the following month (shall be submitted simultaneously with F.5 and F.7 reports). The task order progress report must be submitted electronically in a Microsoft Office 2013 compatible format. If a Contractor has been awarded more than one task order, monthly progress reports must be submitted separately for each task order. Unless otherwise prescribed in the task order, the report must cover the following items: 1) The work performed during the previous month; 2) Significant findings, problems, delays, events, trends, etc. during the reporting period that

result from or affect the performance of the task order; 3) Detailed technical description of the work planned for the next reporting period; 4) Specific action requested of the Government to assist in the resolution of a problem or to

effect the timely progression of the task order; 5) An up-to-date schedule of the work to be performed under the task order. A chart shall be

presented reflecting planned project accomplishments versus actual accomplishments in terms of time; and

6) Report on accomplishments against any identified performance metrics, if applicable. F.7 BIWEEKLY CONFERENCE CALL (JULY 2017) A biweekly conference call (up to 1 hour duration) shall be conducted with the Contractor Program Manager and the Volpe Center’s assigned Contracting Officer Representative to review progress, schedules deliverables, and any issues that may arise. This shall include updating a summary report of each work effort underway prior to the conduct of the biweekly conference call discussion. F.8 TECHNICAL REPORTS – TASK ORDER CONTRACTS (JULY 2017) Task orders that identify deliverable technical reports, including Facility Survey and Facility Engineering Design Reports and packages, respectively, will be in one of two types: letter type or a formal technical report. The letter type will be used primarily for smaller tasks such as data

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validation, field support, task planning documents, literature searches, analysis plans, conference planning documents, and schedules. A formal technical report(s) may be used for major tasks and may include earlier letter-type reports as subsections. The task order will specify the type of reports as well as the formatting and the number of copies required. The reports submitted shall be subject to review and approval by the Volpe Center COR or Task Order COR and, if necessary, will be modified and resubmitted by the contractor. The contractor shall submit a final report incorporating the COR's and/or Task Order COR's comments on the draft final report. The number and delivery schedule will be specified in each task order. Most final reports typically shall be submitted as electronic files and CD in a format specified in the task order. If paper copies are required, they shall be ordered under the individual task order deliverables. Specific report requirements will be identified in the individual task orders. F.9 REPORTS OF WORK - REPORT DISTRIBUTION (JULY 2017) Nothing set forth herein regarding number of copies shall be construed as authority to disregard the provisions of the clause of this contract (see Section H, Subsection H.14, GPO Printing Requirement). 1) Contract Monthly Progress and Cost Report: 1 copy CO 1 copy COR 1 copy to the Government Program Manager 2) Technical Reports The number of copies and recipients will be determined in each task order. The Contractor shall provide a copy of the cover letter transmitting final submission of technical deliverables to the CO or TOCO. FAA Facility Survey Reports shall typically include at a minimum: Cover page, Table of contents, facility description, FLS systems, Findings, Code citations, FAA Standards of Care, recommendations and rough order magnitude costs for construction upgrades, color photos. FAA Facility Engineering Design Packages typically include at a minimum: Statement of Work for construction upgrades, defined deliverables (include with bids, submittals, schedules), FAA National specifications, industry applicable standards, engineering drawings and conceptual fire alarm drawings, estimated costs, impairment plans, close out documentation requirements, test and acceptance requirements. F.10 RIGHTS IN DATA (DEC 2007) All data first produced in the performance of this contract, including software, shall be delivered with unlimited Government rights, unless otherwise agreed to in writing by the CO when granting permission claim to copyright as required by FAR 52.227-14(c).

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F.11 WARRANTIES (MAY 1999) With respect to equipment or supplies acquired under this contract, title of which will pass to the Government, the Contractor shall ensure that any warranties, together with rights to replacement, service, or technical assistance, shall run to or automatically be assigned to the Government. F.12 LICENSES (MAY 1999) With respect to any computer software, databases, or other licensed product acquired for use by the Government, the Contractor shall ensure that the license, together with any associated rights, shall run to or automatically be assigned to the Government. F.13 PLACE OF CONTRACT PERFORMANCE (OCT 2017) Place of performance will vary depending on CLIN:

• CLIN 0100 work will mostly be performed at the Contractor’s facility and FAA Headquarters facilities throughout the Continental United States.

• CLIN 0200 work will be performed in all regions of the United States, Puerto Rico, and Guam.

The specific place of performance will be identified at the task order level. For task orders that require performance at a Government facility, authorization will be provided in writing by the CO at the time of task order award and will be subject to clauses in Section G.15, and H.9, H.10, H.11, H.16, H.18, and H.20 herein as applicable. F.14 DELIVERABLE FORMAT (JULY 2017) Unless otherwise specified in individual task orders, all written documents produced under this contract and resulting task orders must be submitted electronically via email in a format compatible with Microsoft Office 2013 (Microsoft Word, Microsoft PowerPoint, and Microsoft Excel). All written deliverables must be virus-free Engineering drawings will be required to be in AutoCAD and in some cases, at a customer’s request micro station format. Written deliverables that do not satisfy the above requirements will not be accepted.

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SECTION G - CONTRACT AND ADMINISTRATION DATA

G.1 TAR 1252.242-73 CONTRACTING OFFICER’S REPRESENTATION (DEC 2015) A. The CO may designate Government personnel to act as the CO's Representative (COR) to perform functions under the contract such as review and/or inspection and acceptance of supplies and services, including construction and other functions of a technical nature. The CO will provide a written notice of such designation to the contractor within five working days after contract award or for construction, not less than five working days prior to giving the contractor the notice to proceed. The designation letter will set forth the authorities and limitations of the COR under the contract. B. The CO cannot authorize the COR or any other representative to sign documents (i.e., contracts, contract modifications, etc.) that require the signature of the CO or TOCO. G.2 RESPONSIBILITY FOR CONTRACT ADMINISTRATION (MAR 2016) Contracting Officer (CO): The CO has the overall responsibility for this contract. The CO alone, without delegation, is authorized to take actions on behalf of the Government to amend, modify, or deviate from the contract terms, conditions, requirements, specifications, details and/or delivery schedules. However, the CO may delegate certain other responsibilities to his/her authorized representatives. Task Order Contracting Officer (TOCO): A task order CO (TOCO) may be designated by the CO. The duties of a TOCO include but are not limited to issuing task orders, analyzing and making recommendations on the Contractor's proposals, offers, or quotations upon request of the CO, signing task orders, and approving Contractor's invoices in accordance with the terms of the contract. Contracting Officer's Representative (COR): A Contracting Officer's Representative (COR) will be designated by the CO. The responsibilities of the COR include but are not limited to inspecting and monitoring the Contractor's work, determining the adequacy of performance by the Contractor in accordance with the terms and conditions of this contract, acting as the Government's representative in charge of work at the site to ensure compliance with contract requirements in so far as the work is concerned, and advising the CO of any factors which may cause delay in performance of the work. The COR does not have the authority to make new assignments of work or to issue directions that cause an increase or decrease in the price of this contract or otherwise affect any other contract terms. Task Order Contracting Officer's Representative (TOCOR): The CO may designate a Task Order Contracting Officer's Representative (TOCOR). The TOCOR will perform the duties of the COR in connection with the technical oversight of an individual task order. The TOCOR does not have the authority to make new assignments of work or to issue directions that cause an increase or decrease in the price of this contract or on a task order or otherwise affect any other contract or task order terms.

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The CO, TOCO, COR, and TOCOR are, unless otherwise indicated, located at: US DOT/OST-R/Volpe Center 55 Broadway Cambridge, MA 02142-1001 G.3 ORDERING (MAR 2016) 1. During the period of performance of the contract, the CO or the TOCO may issue

task orders in accordance with Section I (FAR 52.216-18 and 52.216-22). 2. The Government will order any services to be furnished under this contract by issuing

task orders electronically using an Optional Form 347. In addition to the CO, the following individuals are authorized ordering officers: Designated TOCO’s.

3. The performance period of the contract is not synonymous with the performance period of

any task order issued under the contract. The period of performance for a given task order shall be specified in that task order.

4. A Standard Form 30 will be used to modify the contract and task orders. 5. A representative authorized by the Contractor shall acknowledge receipt of each task

order within three (3) business days of issuance. 6. Each task order issued may incorporate the Contractor’s technical and/or cost/price

proposals and will include an estimated cost and fixed fee or a total fixed price. If the task order is incrementally funded, the amount available for payment and allotted to the task will also be specified. The Limitation of Funds and/or the Limitation of Cost clauses will control notification requirements when the Contractor has reason to believe it will experience an overrun of the estimated cost or allocated funds specified in a cost reimbursable type task order.

7. Under no circumstances will the Contractor start work prior to the issue date of the task

order unless specifically authorized to do so, in writing, by the CO or designee.

8. At the task order level the CO/TOCO shall determine if performance-based acquisition methods will be utilized.

G.4 TASK ORDER LIMITATIONS (DEC 1998) The issuance of task orders hereunder does not relieve the Contractor of its responsibilities under Clause 52.232-22, Limitation of Funds, and/or FAR 52.232-20, Limitation of Costs. The applicable clause, Limitation of Funds (LOF), for incrementally funded task orders and Limitation of Costs (LOC), for fully funded task orders apply to individual task orders as well as to the contract as a whole.

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Costs incurred under a task order shall relate only to the performance of the work called for in that task order. The LOE or the funds allocated to a task order may not be applied to work under any other task order issued under the contract without the written authorization of the CO. The term "task order" shall be substituted for "schedule" wherever the word appears in FAR Clauses 52.232-20, LIMITATION OF COST, or 52.232-22, LIMITATION OF FUNDS, as specified. In the event that fully funded work orders are issued under a task order, the provisions of the appropriate clauses shall apply to each work order as if it were a task order. G.5 TASK ORDER OMBUDSMAN (SEPT 2017) The Volpe Center Competition Advocate, U.S. Department of Transportation/Volpe National Transportation Systems Center, 55 Broadway, Cambridge, MA 02142, is Ms. Susan M. Connors, Deputy Director for Operations, V-200; fax: (617) 494-2478; email: [email protected]. It should be noted that in accordance with FAR 16.505(a)(9), no protest is authorized in connection with the issuance of a task order valued at $10 million or less except for a protest on the grounds that the task order increases the scope, period of performance, or maximum value of the contract. Protests of orders in excess of $10 million may only be filed with the Government Accountability Office in accordance with the procedures set forth in FAR Part 33.104. G.6 TECHNICAL DIRECTION (APR 2016) Performance of the work hereunder shall be under the technical direction of the COR and TOCOR through the CO and TOCO, in writing, pertinent to a specific task order. As used herein, "technical direction" is limited to directions to the Contractor that provide additional detail regarding the previously defined scope within a particular task order. This direction may not include new assignments of work, or may not be of such a nature as to cause an increase or decrease in the estimated cost of the contract or task order, or otherwise affect any other provision of this contract. At no time may Contractor begin work without an awarded task order or perform work outside of the scope of an awarded task order. G.7 ACCOUNTING AND APPROPRIATION DATA (MAY 1999) Each individual task order shall specify the accounting and appropriation data from which payment shall be made. G.8 PAYMENT AND CONSIDERATION (APR 2008) Contract clauses regarding payment processes and consideration will differ depending on the contract type/pricing methodology used in the task order. Specific clauses to be used in each case are provided below:

mailto:[email protected]

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1) The following clause is applicable to fixed price task orders: CONSIDERATION – FIXED PRICE. Upon delivery and acceptance of the required services, the Contractor shall be paid at the fixed price specified on the face of the task order.

2) The following clauses are applicable to CPFF task orders:

CONSIDERATION – COST PLUS FIXED FEE a) Subject to the clauses Limitation of Cost (FAR 52.232-20), Allowable Cost and Payment

(FAR 52.216-7), and Fixed Fee (52.216-8), the total allowable cost of this task shall not exceed $(To be completed at the time of task order award), which is the total estimated cost of the Contractor's performance hereunder exclusive of fixed fee. In addition, the Government shall pay the Contractor a fixed fee of $(To be completed at the time of task order award) for the performance of this task order.

b) The Contractor shall be provisionally reimbursed indirect expenses on the basis of billing rates approved by the Cognizant Federal Agency (CFA) pending establishment of final indirect rates.

c) The final indirect expense rate pertaining to the contract shall be those determined for the appropriate fiscal year in accordance with FAR 42.705 and FAR 52.216-7.

G.9 PAYMENTS UNDER COST REIMBURSEMENT CONTRACTS (MAR 2016) NOTE: Under no circumstances can funds obligated under one task be used to pay costs incurred or fee earned under another task. The invoicing and payment office for all contract actions issued by the DOT/Volpe Center is located at the Enterprise Services Center (ESC), Office of Financial Operations, Federal Aviation Administration (FAA) in Oklahoma City, Oklahoma. All invoices, including supporting documentation, shall be submitted electronically (e.g., PDF format) to the ESC at FAA in Oklahoma City by email at the following address: [email protected] (all lower case). A cover email must accompany each invoice and provide the applicable information in the fields listed below. Invoice Date: Supplier Name: Invoice Amount: Invoice Number: Contract No./Task Order No. Accounting String: Modification No.: Terms/Discount: Performance Period: Notes:


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However, all interim payment requests for tasks under the contract must be submitted concurrently. The Contractor shall submit a last interim invoice for each task order. This shall include a complete list of invoices previously tendered under the task order. The last interim invoice shall consist of the completion invoice (clearly identified in accordance with FAR 52.216-7 prior to the establishment of final annual indirect rates. The last interim invoice shall be submitted within 6 months of the task order’s physical completion. If changes to this invoice become necessary as a result of Government review, the Contractor shall submit a corrected last interim invoice. The Contractor shall submit this invoice along with the Contractor’s release form, DOT F 4220.4, to the CO, following the final adjustment of its annual indirect rates per FAR 52.216-7. In addition to the information required by FAR 52.216-7 and FAR 52.232-25 incorporated by reference in Section I, an invoice or contract payment request must meet the following requirements: 1. Consecutively number each interim payment request beginning with No. 1 for each task. 2. The Contractor must specify the appropriate cost per funding source(s) in which ESC

should make payment on the SF 1034. If this information cannot be entered on the SF 1034 the Contractor must clearly state where the information can be found in the voucher package on the SF 1034. The same procedures shall be followed for fee invoices. In addition, the Contractor must indicate if the voucher is a cost voucher or a fee voucher on the SF 1034. Cost and Fee vouchers must continue to be billed separately and must be clearly marked in the title so ESC at FAA may make distinction.

3. Contractor shall use Attachment J.9 Task Order Invoice Cover page to cite the correct

accounting string or strings being applied for each cited amount being invoiced for both cost and fee. This process is to ensure that the appropriate accounting string(s) (if more than one funding source is used on any task order) is cited correctly on all vouchers for payment. In the event the incorrect strings are used or cited the invoice/voucher will be returned unpaid to the contractor for correction.

4. The invoice/voucher shall also include current and cumulative charges by major cost

elements such as direct labor, overhead, subcontracts, and other direct costs. Cite direct labor hours incurred by the Prime Contractor and each subcontractor. Other direct costs must be identified; e.g., travel, per diem, material, and equipment.

5. Contract or task order invoices/vouchers must clearly indicate the period of performance

for which payment is requested and the Volpe Center accounting information necessary to process payments. When contracts or task orders contain multiple lines of accounting data, charges that cannot be assigned to a single line of accounting information should be allocated based on the percentage of total dollars unless otherwise specified.

6. When the Contractor submits vouchers on a monthly basis, the period covered by invoices

or requests for contract payments must be the same as the period for monthly progress reports reported under the contract or tasks. If in accordance with FAR 52.216-7 the

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Contractor submits requests for invoices or contract payments more frequently than monthly, one payment request per month must have the same ending date as the monthly progress report.

7. Pending settlement of the final indirect rates for any period, the Contractor shall be

reimbursed at billing rates approved by the Cognizant Federal Agency (CFA). The Contractor shall ensure that any change in the identity of the CFA responsible for establishment of its indirect rate factors is made known to the Volpe Center ACO. These rates are subject to appropriate adjustments when revised by mutual agreement or when the final indirect rates are settled either by mutual agreement or unilateral determination by the CFA (see FAR 42.704). In accordance with FAR 52.216-7, the Contractor shall submit to the CFA a proposal for final indirect rates based on the Contractor’s actual costs for the period, together with all supporting data. In addition, Contractors are required by the CFA to submit billing rate proposals, usually no later than 30 days after the close of its fiscal year for the ensuing fiscal year to the CFA. Copies of the cover letter submitting the proposal must be provided to the Volpe Center CO. The Contractor’s failure to provide the rate proposal in a timely manner may impact payment of invoicing request and could ultimately result in suspension of the indirect expense portion. The Contractor shall provide copies of all rates established by the CFA to the Volpe Center CO. It is imperative that the CO be provided signed copies of all rate agreements since these rate agreements must be in the possession of the Volpe Center before any rates contained therein can be used by the Contractor for cost reimbursement. The Contractor should note that absence of a final rate determination does not relieve the Contractor of its responsibility under the Limitation of Funds or Limitation of Costs clauses to report in a timely manner to the CO when it has reason to believe its costs may exceed the total estimated cost or funds allotted to the task order.

G.10 PAYMENT OF FEE – COST PLUS FIXED FEE (MAR 2016) The Government will issue task orders which will include one of two methods by which the Contractor can earn total fixed fee. Requests for provisional fee payment must be based on and be consistent with the information stated in the contract or task invoicing (voucher) request. However, the request must be submitted separately. For term-type task orders, a portion of any fixed fee specified in the task order will be paid on a provisional basis. The amount of such payments will be based upon a percentage of costs expended during performance of the task order. Final amount may be determined at contract closeout as Contractor maintains the right to invoice for costs expended on completed task orders up until that time. In accordance with FAR 52.216-8, the Government will withhold 15 percent of the earned fixed fee per invoice, per task order, until $100,000 is withheld on each task order. After the $100,000 fixed fee for each task order is withheld, full payment of additional fee may be invoiced through the remainder of the task order performance period. On task orders in excess of $10,000,000, the CO reserves the right to withhold an amount determined sufficient, but not

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less than $100,000. The withheld fixed fee may be invoiced during closeout of the master contract. On a completion-type task order, if performance is considered satisfactory, the Government may make provisional fee payments subject to FAR 52.216-8 on the basis of percentage of work completed, as determined by the CO. The Contractor shall be required to complete the specified end product (e.g., a final report or working system) within the estimated cost as a condition for payment of the entire fixed fee. In the event the work cannot be completed within the estimated cost, the Government may require more effort without any increase in fee, provided the Government increases the estimated cost. If the Government chooses not to increase the estimated cost, the fixed fee payable will based on the CO’s determination of the percentage of completion of the specified end product(s). Provisional payment of fee will be subject to other relevant clauses of the contract including retainage. G.11 PERFORMANCE EVALUATIONS (FEB 2015) Performance evaluations shall be completed for each completed task order over $150,000 and for selected task orders for lower amounts as determined by the CO. Performance evaluations shall also be completed at least annually for task orders that have a performance period in excess of one year. The Government uses the Contractor Performance Assessment Review System (CPARS) as the primary method to complete evaluations. Completed performance evaluations may be accessed in the Past Performance Information Retrieval System (PPIRS). The Contractor is required to register in CPARS and shall have 14 calendar days in which to respond to Government comments. The Government will consider any comments provided by the Contractor before finalizing a Performance Evaluation Report and the Contractor’s comments will be attached to the Report. G.12 INVOICE/VOUCHER REVIEW (JULY 2017) The Government may at its sole discretion utilize a Contractor to review invoice vouchers and supporting data submitted for payment under the provisions of this contract. A third party Contractor may be reviewing invoice vouchers and supporting data and will perform this function in accordance with contract provisions which prohibit disclosure of proprietary financial data or use of such data for any purpose other than to perform accounts payable services. The Contractor shall use Attachment J.9, Task Order Invoice (Voucher) Cover Page, when submitting all monthly invoices. G.13 COST ACCOUNTING SYSTEMS (OCT 2017) In order to be eligible to receive cost reimbursement task orders, the Contractor shall maintain an acceptable task order cost accounting system that will accumulate costs incurred for each task order separately. The Contractor shall invoice the Government only in accordance with its

http://www.cpars.gov/

http://www.cpars.gov/

http://www.ppirs.gov/

http://www.ppirs.gov/

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approved accounting system. If the Contractor does not possess an acceptable accounting system, task orders may only be awarded on an FFP basis. Administrative Labor Only those labor categories and functions identified and priced out in the Cost and Business Proposal are billable as direct labor during performance without prior CO approval. This also applies to subcontractors. The Administrative Labor categories included in the Contractors Cost and Business Proposal are hereby incorporated into the contract. Other Direct Costs In addition to travel and equipment costs estimated by the Government in Schedule 2, only those costs identified and priced out in the proposal by the Offeror (or subcontractor) are billable without prior CO approval. Elements of other direct cost identified in the Contractor’s Cost and Business Proposal are hereby incorporated into the contract. Task Order Proposal Preparation Cost Submission of proposals in response to Task Order Requests for Proposals (TORFPs) is not mandatory. Bid and proposal expenses incurred in connection with the preparation of task order proposals are considered a part of doing business and will NOT be reimbursed. Uncompensated Overtime Uncompensated overtime is defined as hours worked by Fair Labor Standards Act exempt employees in excess of 40 hours per week for which no compensation is paid in excess of normal weekly salary. A Contractor/subcontractor may include uncompensated overtime in its cost proposal only if the practice is consistent with its established accounting practices. The Contractor/subcontractor's accounting system must record all direct and indirect hours worked, including uncompensated overtime. Only those Contractors/subcontractors who included uncompensated effort in their cost and business proposal as it relates to this solicitation may use this accounting practice during performance of any resultant task order. Similarly, task order proposals must include uncompensated effort consistent with the cost proposal submitted to this solicitation; any deviation for future task order proposals must include an explanation for the deviation for the CO's consideration. The following clause will be included in each task order when the awardee or subcontractors included uncompensated overtime in their task order proposals: This task order is based upon the Contractor's task order proposal dated TBD in which, of the total TBD hours required, TBD hours are estimated to be uncompensated as shown below.

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Prime Contractor Workweek Prime Contractor: (To be determined) Division: (To be determined) Task Order Total Compensated Uncompensated Labor Category Hours

TBD Hours TBD

Hours TBD

Subcontractor Workweek

Subcontractor Name: (To be determined) Division: (To be determined) Task Order Total Compensated Uncompensated Labor Category Hours

TBD Hours TBD

Hours TBD

During performance, the Contractor must provide compensated and uncompensated hours in at least the same ratio as shown in the above schedule by labor category. If the Contractor anticipates that the ratio will not be achieved by the completion of the task order, the Contractor shall notify the CO in writing, identifying the expected shortfall. The Contractor must offer to furnish the total level-of-effort included in the task order at no additional cost or fee. The notice shall be provided sufficiently in advance of the completion of the task order to allow the performance of all such hours within the task order term and within the total estimated cost and fixed fee for the task order. If the Contractor fails to provide such notice sufficiently in advance, the CO at his/her sole discretion shall have the option of: 1. Extending the term of the task order and requiring that the Contractor provide the total

level-of-effort at no extra cost to the Government, or 2. Reducing the cost to be reimbursed by an amount calculated by multiplying the number of

hours of unworked, uncompensated overtime by the average burdened labor rate for those labor categories and reducing the fixed-fee proportionately. The Contractor shall indicate on its invoices and on any contract data items for cost/schedule status all hours worked, both compensated and uncompensated.

G.14 INCREMENTAL FUNDING OF COST PLUS TASK ORDERS (MAR 2016) Pursuant to FAR 52.232-22, LIMITATION OF FUNDS (APR 1984), incorporated by reference herein, task orders issued under this contract may be incrementally funded.

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A. When either a term-type (A) or completion (B) task order are to be incrementally funded, the following clauses will apply to each set forth in full text in the task order modification:

A) LIMITATION OF LIABILITY - INCREMENTAL FUNDING (TERM FORM) The amount available for payment for this incrementally funded task order is hereby increased from $ by $ to $_____. Notwithstanding any other provision and/or clause in this task order or master contract, the funding provided under this modification is available to pay for services performed from the date of this modification through _____________only. This funding may not be used for payment of services rendered prior to issuance of this task order, nor may this funding be used for payment of services rendered after the aforementioned end date of availability for this funding. The amount allotted to the estimated cost of this task order is increased from $ ________ by $ __________ to $_________. The amount obligated for the fixed fee is increased from $__ by $ to $ . Except as otherwise established by this clause, the Limitation of Funds clause, FAR 52.232-22, applies only to the amount allotted under this modification to cover the estimated costs; however, under no circumstances is the Contractor obligated nor is the Contractor authorized by the Government to continue performance of the required work and funded by this modification beyond (insert the date noted above upon which services may no longer defunded under this modification), nor is the Government obligated to pay or reimburse, except as otherwise established under this task order or master contract, the Contractor for any services performed beyond this aforementioned date or prior to issuance of this task order. The fixed-fee will be payable in accordance with other clauses of the contract, and will be sufficient to pay fee anticipated to be earned for the work funded under this modification and completed within the dates established above. The estimated level-of-effort applicable to the incremental funding provided herein is______ professional labor-hours. The funding must be tracked and billed accordingly. The funds obligated in Block 12 of the SF 30 are available only for work performed within the dates established above.

B) LIMITATION OF LIABILITY - INCREMENTAL FUNDING (COMPLETION FORM) The amount available for payment for this incrementally funded task order is hereby increased from $ _________ by ___________ to $____________. The amount allotted to the estimated cost is $________ increased from $__________ by $_____________ to $____________. The amount obligated for the fixed fee is increased from $__________ to $____________. This modification involves no change in the total LOE, estimated costs or fixed fee of this contract, unless otherwise specified herein. The Limitation of Funds clause, FAR 52.232-22, applies to the amount allotted to cover the estimated costs only. The fixed fee will be payable in accordance with other clauses of the contract. The incremental funding provided herein is applicable to the tasks and deliverables specified in ___________.

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The funding must be tracked and billed accordingly. The funds obligated in Block 12 of the SF 30 are available only for work performed on or after the effective date of this modification. G.15 TRAVEL AND PER DIEM (APR 2017) All travel performed under this contract shall be performed in accordance with Federal Travel Regulations (FTR) and must be approved in writing by the CO, or TOCO as specified in individual task orders) in advance of travel taking place. The actual costs for lodging, meals, and incidentals will be considered reasonable and allowable if they do not exceed the maximum per diem rates in effect at the time of travel as set forth in the FTR, Under cost-type task orders, travel will be reimbursed at actual costs (with a copy of the receipts for expenses) in the following categories:

• Airline Tickets (commercial rate economy seating). • A Travel Authorization Request (TAR) form shall be submitted a minimum of 6

business days before anticipated travel for review and approval by CO or TOCO. See Attachment J.10.

• Hotel Expenses (Government rates unless concurred in advance by the CO or TOCO as specified in individual task orders).

• All Other Modes of Transportation (Taxi receipts are not required if less than $75.00). All travel requests will be submitted 10 work days in advance via email using a Travel Authorization Request Form (See Section J.10) to the CO and COR for review and written approval. Under cost-type task orders, food and other miscellaneous expenses will be reimbursed at the prevailing FTR reimbursement rates. The CO and/or TOCO reserves the right to modify procedures on a task order level if there are extensive travel requirements. G.16 ALLOTMENT (OCT 2017) Pursuant to Clauses B.2 – “Contract Limitations,” and FAR 52.216-22 – “Indefinite Quantity,” the amount presently available for payment and allotted to this contract to provide for the contract minimum is $3,500. This allotted amount will be applied, as appropriate, to one or more individual task orders issued under this contract. Additional funding will be allotted and obligated as necessary, only on individual task orders. The accounting and appropriation amount currently allotted is as follows: [To be completed at time of Award] G.17 SUBCONTRACTING REPORT (AUG 2017) Pursuant to FAR 52.219-14, Limitations on Subcontracting, Contractors may not subcontract greater than 50 percent of the cost of contract performance incurred for personnel shall be expended for employees of the concern under this contract on a cumulative basis (i.e., although individual task orders may have greater than 50 percent subcontracting, the total cumulative subcontracting under all task orders may not exceed 50 percent). Small businesses shall submit

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an annual report to the CO on October 31 of each year, detailing the subcontracting percentage under these task orders performed during the previous Government fiscal year. The report shall show the subcontracting percentage for the year under each individual task order, the cumulative total for the reporting period under the contract, and the cumulative total for the life of the contract. The Government reserves the right to limit award at any time to a small business not in compliance with this FAR clause.

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SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 NON-PERSONAL SERVICES (DEC 1998) Non-personal services as defined in Part 37 of the FAR shall be performed under this contract. No Contractor employee will be directly supervised by the Government. All individual employee assignments and daily work direction shall be given by the Contractor’s supervisor. If the Contractor believes any Government action or communication has been given that would create a personal services relationship between the Government and any Contractor employee, the Contractor shall promptly notify the CO of this communication or action. The Contractor shall not perform any inherently governmental functions under this contract. No Contractor employee shall hold him or herself out to be a Government employee, agent, or representative. In all communications with third parties in connection with this contract, Contractor employees shall identify themselves as Contractor employees and specify the name of the company for which they work. In all communications with other Government Contractors in connection with this contract, the Contractor employee shall state that they have no authority to in any way change the contract and that if the other Contractor believes this communication to be a direction to change their contract, they should notify the CO for that contract and not carry out the direction until a clarification has been issued by the CO. The Contractor shall ensure that all of its employees working on this contract are informed of the substance of this clause. Nothing in this clause shall limit the Government's rights in any way under any other provision of the contract, including those related to the Government's right to inspect and accept the services to be performed under this contract. The substance of this clause shall be included in all subcontracts at any tier. H.2 HOURS OF WORK (OCT 2017) Contractor and subcontractor employees performing work under this task order on Government facility premises shall adhere to that local Government facility’s hours of operation, except as may be required by this contract to accomplish the performance of the work or except as may be required by the TOCO or his/her designated representative. The Volpe Center will be closed during the 10 holidays observed by the Federal Government on a yearly basis. The listed Federal holidays are the only holidays observed:

New Year’s Day Labor Day Martin Luther King Day Columbus Day President’s Day Veterans Day Memorial Day Thanksgiving Day Independence Day Christmas Day

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When Government employees are excused from duty without loss of pay by Executive Order or by official closing of the Volpe Center, contractor employees who are assigned for duty at the Volpe Center may be similarly excused by the Contractor if they are ready, willing, and able to work. However, direct reimbursement for the cost of salaries and wages for these excused absences will only be made in emergency situations (e.g., severe weather, natural disasters) as determined by the CO or his/her designated representative. The CO or his/her designated representative will confirm official closings. This in no way relieves the Contractor of its responsibility for continuing performance of critical requirements for which special instructions. H.3 CONTRACTOR RESPONSIBILITY (DEC 2016) Any and all work under this contract which is performed by the Contractor or any of its subcontractors on premises that are under direct control of the Government, is subject to the following provisions: 1) The Contractor shall, without additional expense to the Government, be responsible for all

damage to persons or property that occur as a result of its fault or negligence in connection with the prosecution of the work, and shall be responsible for the proper care and protection of work performed. Breakage and/or loss of office equipment or other Government and/or personal property (of Government employee), which may occur in or about the building as a result of a direct cause and/or negligence in the Contractor's operations and/or direct cause or negligence in the actions of the Contractor's agent, subcontractors or its employees shall pay full replacement value for damaged goods, equipment, etc. at Contractor’s expense.

2) Performance of work on Government premises shall be confined to the area(s) specified

by the SOW or CO or designee. In performance of this work, the Contractor shall: (a) conform to all safety rules and requirements as in effect during the term of the contract; and (b) take such additional precautions as the CO may reasonably require for safety and accident prevention purposes.

3) The Contractor shall designate to the CO or designee, in writing, an on-the-premises

representative to serve as point of contact i.e., foreman, project manager, et al. 4) Any violation of applicable Federal, state, and/or local safety rules and requirements shall

be promptly corrected by Contractor or as directed by the CO. H.4 PAYMENT FOR OVERTIME (DEC 1998 In accordance with FAR 52.222-2, Payment for Overtime Premiums (JUL 1990), the use of overtime will be authorized and the dollar amount applicable to this clause negotiated and identified on a Task Order basis, as authorized by the Contracting Officer. H.5 INSURANCE (MAR 2016) The Contractor shall comply with Section I, FAR Clause 52.228-5 “Insurance-Work on a Government Installation” and additionally, FAR Clause 52.228-7, "Insurance-Liability to Third

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Persons." The Contractor shall secure, pay the premiums for, and keep in force until the expiration of this contract, and any renewal thereof, adequate insurance as provided below, such insurance to specifically include liability assumed by the Contractor under this contract. The Contractor is responsible for providing insurance of the following types and minimum amounts: a) Workman's Compensation and Employees Liability Insurance as required by applicable

statue, but not less than $100,000.

b) Comprehensive bodily injury liability insurance with limits of not less than $500,000 for each accident.

c) Property damage liability with a limit of not less than $100,000 for each accident.

d) Automotive bodily injury liability insurance with limits of not less than $200,000 for each person and $500,000 for each accident, and property damage liability insurance, with a limit of not less than $40,000 for each accident.

e) If work is international, contractor shall secure adequate and proper insurance for that

country and/or region in which that work and personnel are to be located. Each policy of insurance shall contain an endorsement that any cancellation or material change in the coverage adversely affecting the Government's interest shall not be effective unless the insurer or the Contractor gives written notice of cancellation or change to the CO at least 30 calendar days prior to the aforementioned actions. When the coverage is provided by self-insurance, the Contractor shall not change or decrease the coverage without the CO's prior approval. A certificate of each policy of insurance shall be furnished to the CO not later than ten (10) days after notice of award certifying, among other things, that the policy contains the aforesaid endorsement. The insurance companies providing the above insurance shall be satisfactory to the Government. Notices of policy changes shall be furnished to the CO.

H.6 LEVEL-OF-EFFORT NOTIFICATION (FEB 2011) The Contractor shall notify the CO or designee immediately in writing whenever it has reason to believe that: a) The level-of-effort that the Contractor expects to incur under any term-type task in the next thirty days, when added to the level-of-effort previously expended in the performance of that task order, will exceed 75 percent of the level obligated for that task order; b) If obligations are from multiple funding sources, notification is required to be fund source specific in addition to the overall task order. c) The level-of-effort required to perform a particular task order will be greater than the level-of- effort established for the task order.

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Either the "Limitation of Cost" or the "Limitation of Funds” clause, depending on whether the task order is fully funded or not, applies independently to each task order under this contract and nothing in this clause amends the rights or responsibilities of the parties hereto under either of these two clauses. The notifications required by this clause are separate and distinct from any specified in the "Limitation of Cost" or "Limitation of Funds" clause. H.7 MAXIMUM FEE/PROFIT (DEC 2007) Contractors shall propose an appropriate rate of fixed fee depending on the risk associated with a cost-plus-fixed-fee contractual arrangement and the nature of the work in the task order. However, the proposed task order fixed fee cannot exceed an amount that is the sum of (1) __TBD__* percent of the subcontract, equipment, and travel costs, and (2) ___TBD___* percent of all other costs. In accordance with Paragraph, G.10, Payment of Fee – Cost-Plus Fixed Fee, fee will be determined as a percentage of costs associated with performance. For task orders issued on firm-fixed-price basis, contractors shall propose an appropriate profit based on the risk associated with that contract type and the nature of the work in the task order. The proposed profit included in the firm-fixed-price cannot exceed an amount that is the sum of (1) _TBD___* percent of the subcontract, equipment, and travel costs, and (2) __TBD_* percent of all other costs. * to be filled in at the time of award of the contract, based on contractor’s proposal Schedule 6 (see Section L of this Request for Proposal (RFP). H.8 SUBCONTRACT APPROVAL (AUG 2017) The Contractor shall follow the procedures specified in Part 44 of the FAR and FAR Clauses 52-244-2, and 52.244-5 when providing advance notification or requesting consent to new subcontracts. New subcontracts may be necessary for professional labor in cases where it is clearly evident to the CO that the proposed new subcontract will provide a capability that is both required to perform work described in the contract and is not available from any of the Contractor's existing team of subcontractors. In order to add a new subcontractor the Contractor must submit a written technical rationale describing the need for the new subcontractor to the CO for approval, once approved a cost/price proposal. Upon approval, a cost proposal including contract type with detailed cost information must be submitted for CO approval. All approved subcontracts total cumulative value for all subcontractors shall not exceed forty-nine percent of the total master contract ceiling value. Prior to using a subcontractor the Contractor must propose the subcontractor on a specific task order and identify a cost ceiling for approval. This task order proposal requires a separate cos/price proposal. The Contractor is required to monitor all subcontract costs and shall not exceed the approved cost ceilings on a Master contract level for each subcontractor. During Task Order solicitations Contractors shall obtain approval of all new subcontractors prior to submission of its task order proposal. In such cases, task order proposals must include at least

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75 percent (labor hours) of the Contractor’s current team (the Prime and previously authorized subcontracts). The remaining 25 percent may include new subcontracts which have not been previously consented to. Task order proposals failing to comply with this minimum will be rejected. H.9 PERFORMANCE OF WORK AND SAFETY PROVISIONS ON GOVERNMENT PREMISES (APR 2003) (a) Any work under this contract which is performed by the contractor or any of its subcontractors on premises that are under direct control of the Government, is subject to the following provisions:

(1) Performance of work on Government premises shall be confined to the area(s) specified by the CO or designee. In performance of this work, the contractor shall: (a) conform to all safety rules and requirements as in effect during the term of the contract; and (b) take such additional precautions as the contracting officer may reasonably require for safety and accident prevention purposes.

(2) The contractor shall designate to the CO or designee, in writing, an on-the-premises

representative to serve as point of contact. (3) Any violation of applicable safety rules and requirements shall be promptly corrected

as directed by the CO. H.10 SAFETY AND ACCIDENT PREVENTION (APR 2017) In performing any work under this contract on premises which are under the direct control of the Government, the contractor shall (a) conform to all safety rules and requirements as in effect during the term of the contract; and (b) take such additional precautions as the Contracting Officer may reasonably require for safety and accident prevention proposes, and (c) contractor shall submit a safety and accident plan within 30 days of award of master contract for use during the period of performance. The Contractor plan shall address all reasonable steps and precautions to prevent accidents and preserve the life and health of contractor and Government personnel performing or in any way coming in contact with the performance of the contract on such premises. Any violation of such rules and requirements, unless promptly corrected as directed by the Contracting Officer, shall be grounds for termination of this contract. H.11 SAFETY AND HEALTH (APR 2017) (a) In accordance with FAR 52.236-13, "Accident Prevention", referenced in Section I, reports on accidents shall be provided as follows: The Contractor shall immediately notify and promptly report to the Contracting Officer or his representative, an accident or incident or exposure resulting in fatality, disabling occupational injury or occupational disease or contamination of property arising out of work performed under this contract. Provided, however, the Contractor will not be required to include in any report an

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expression of opinion as to the fault or negligence of any employee. In addition, the Contractor shall comply with any illness, incident and industry experience reporting requirements set forth in the Schedule of the contract. The Contractor will investigate all such work related incidents or accidents to persons and property to the extent necessary to positively conclude what cause or causes resulted in said accident or incident, and furnish the Contracting Officer with a report, in such form as the Contracting Officer may require, of the investigative findings, together with proposed and/or completed corrective actions. (b) Information on the Code of Federal Regulations (CFR) requirements ' pertaining to safety and health standards, 29 CFR 1910 and 29 CFR 1926 for OSHA General Industry Safety and Health Standards and OSHA Construction Industry Standards, respectively, is available as follows: (1) OSHA Publication 2207, which includes a combination of the CFR requirements as they

relate to construction safety and health, for sale by the Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402. U.S. Department of Labor Occupational Safety & Health Administration JFK Federal Building, Room E340 Boston, Massachusetts 02203

H.12 ACCOUNTING SYSTEM (MAR 2016) In accordance with FAR Subpart 16.306 (c), a Contractor is not eligible to receive a cost reimbursement fixed fee (CPFF) task order award unless its accounting system has been reviewed by a Government audit agency (such as the DCAA or DCMA) and determined by the CO to be adequate for determining costs under a CPFF contract. Also, consent will not be given for a CPFF subcontract unless that particular subcontractor’s accounting system has been reviewed by a Government audit agency and determined by the CO to be adequate for determining costs under a cost reimbursement contract. H.13 CONTRACTOR POLICY TO BAN TEXT MESSAGING WHILE DRIVING (FEB 2010) a) Definitions. The following definitions are intended to be consistent with the definitions in DOT Order 390 2.10 and the E.O. For clarification purposes, they may expand upon the definitions in the E.O. "Driving." (1) Means operating a motor vehicle on a roadway, including while temporarily stationary because of traffic, a traffic light, stop sign, or otherwise. (2) It does not include being in your vehicle (with or without the motor running) in a location off the roadway where it is safe and legal to remain stationary. "Text messaging" means reading from or entering data into any handheld or other electronic device, including for the purpose of short message service texting, e-mailing, instant messaging,

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obtaining navigational information, or engaging in any other form of electronic data retrieval or electronic data communication. (See definition in DOT Order 3902.10) (b) In accordance with Executive Order 13513, Federal Leadership on Reducing Text Messaging While Driving, October 1, 2009, and DOT Order 3902.10, Text Messaging While Driving, December 30, 2009, contractors and subcontractors are encouraged to:

(1) Adopt and enforce workplace safety policies to decrease crashes caused by distracted drivers including policies to ban text messaging while driving—

(i) Company-owned or -rented vehicles or Government-owned, leased or rented vehicles; or (ii) Privately owned vehicles when on official Government business or when performing any work for or on behalf of the Government.

(2) Conduct workplace safety initiatives in a manner commensurate with the size of the business, such as

(i) Establishment of new rules and programs or re-evaluation of existing programs to prohibit text messaging while driving; and (ii) Education, awareness, and other outreach to employees about the safety risks associated with texting while driving.

(c) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts that exceed the micro-purchase threshold, other than subcontracts for the acquisition of commercially available off-the-shelf items. H.14 GPO PRINTING REQUIREMENT (SEP 2009) All printing funded by this contract will be accomplished in conformance with Title 44, United States Code, regulations of Joint Committee on Printing, applicable provisions of appropriation acts, and applicable regulations issued by the Government Printing Office and the Department of Transportation. H.15 SALES TAX EXEMPTION (MAY 2009) The Volpe Center, as part of the Department of Transportation, an agency of the United States, is an exempt purchaser. Accordingly, all purchases of personal property by this organization are exempt from state and local taxation. The Contractor shall be provided with tax exemption certificates for the purpose of obtaining an exemption under this procurement for materials and equipment purchased under this procurement (see each individual task order). Notwithstanding the terms of the Federal, state, and local taxes clause, the Contractor shall state separately on its vouchers the amount of state sales tax, and the Government agrees to either pay the amount of the tax to the Contractor or, where the amount of the tax exceeds $250.00, to provide evidence necessary to sustain the exemption.

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H.16 INFORMATION TECHNOLOGY RULES OF BEHAVIOR (DEC 2015) Any work under this master contract as issued through task orders, that is performed by the Contractor or any of its subcontractors on premises that are under the direct control of the Government is subject to the following provisions:

a) Performance of work on Government premises shall be confined to the area(s) specified by the TOCO. In performance of this work, the Contractor shall: (a) conform to all safety rules and requirements in effect during the term of the task order; and (b) take such additional precautions as the TOCO may reasonably require for safety and accident prevention purposes.

b) The Contractor shall designate to the TOCO, in writing, an on-the-premises representative to serve as its point of contact.

c) Any violation of applicable safety rules and requirements shall be promptly corrected as directed by the TOCO.

H.17 TAR 1252.209-70 DISCLOSURE OF CONFLICTS OF INTEREST (OCT 1994) It is the Department of Transportations (DOT) policy to award contracts to only those Offerors whose objectivity is not impaired because of any related past, present, or planned interest, financial or otherwise, in organizations regulated by dot or in organizations whose interests may be substantially affected by departmental activities. Based on this policy: (a) The Offeror shall provide a statement in its proposal which describes in a concise manner all past, present or planned organizational, financial, contractual or other interest(s) with an organization regulated by dot, or with an organization whose interests may be substantially affected by departmental activities, and which is related to the work under this solicitation. The interest(s) described shall include those of the proposer, its affiliates, proposed consultants, proposed subcontractors and key personnel of any of the above. Past interest shall be limited to within one year of the date of the Offerors technical proposal. Key personnel shall include any person owning more than 20% interest in the Offeror, and the Offerors corporate officers, its senior managers and any employee who is responsible for making a decision or taking an action on this contract where the decision or action can have an economic or other impact on the interests of a regulated or affected organization. (b) The Offeror shall describe in detail why it believes, in light of the interest(s) identified in (a) above, that performance of the proposed contract can be accomplished in an impartial and objective manner. (c) In the absence of any relevant interest identified in (a) above, the Offeror shall submit in its proposal a statement certifying that to its best knowledge and belief no affiliation exists relevant to possible conflicts of interest. The Offeror must obtain the same information from potential subcontractors prior to award of a subcontract.

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(d) The contracting officer will review the statement submitted and may require additional relevant information from the Offeror. All such information, and any other relevant information known to dot, will be used to determine whether an award to the Offeror may create a conflict of interest. If any such conflict of interest is found to exist, the contracting officer may:

(1) disqualify the Offeror; or

(2) determine that it is otherwise in the best interest of the United States to contract with the Offeror and include appropriate provisions to mitigate or avoid such conflict in the contract awarded.

(e) The Offerors proposal will comply with clause H.19 herein. The refusal to provide the disclosure or representation, or any additional information required, may result in disqualification of the Offeror for award. If nondisclosure or misrepresentation is discovered after award, the resulting contract may be terminated. If after award the contractor discovers a conflict of interest with respect to the contract awarded as a result of this solicitation, which could not reasonably have been know prior to award, an immediate and full disclosure shall be made in writing to the contracting officer. The disclosure shall include a full description of the conflict, a description of the action the contractor has taken, or proposes to take, to avoid or mitigate such conflict. The contracting officer may, however, terminate the contract for convenience if he or she deems that termination is in the best interest of the government. H.18 VISITOR IDENTIFICATION REQUIREMENTS FOR FEDERAL FACILITIES (MAR 2016) In accordance with the Department of Homeland Security (DHS) phased enforcement plan for the REAL ID Act (see DHS’s REAL ID website), visitors seeking access to military bases and almost all Federal facilities using their state-issued driver’s licenses or identification cards must present proper identification issued by REAL ID compliant states or a state that has received an DHS extension. Any visitor from a noncompliant State or other jurisdiction will need to provide an acceptable alternate form of identification with photo (e.g., U.S. Passport) to enter the Federal facility. When planning a visit to a Federal facility or military base, visitors should contact the facility to determine what identification will be accepted as well as check DHS’s REAL ID website for the most up-to-date information on individual state compliance as status can change over time. This facility entry requirement applies to visitors only. This requirement has no impact on badged Federal and Contractor employees. Driver’s licenses from all states are still acceptable identification in the issuance of Federal PIV cards (badges) and for entry in the case of a lost or forgotten PIV card by a badged Federal or Contractor employee.

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H.19 EXCLUSIONS DUE TO ORGANIZATIONAL CONFLICTS OF INTEREST (JUL 2015) A. Work under this contract may provide the Contractor with access to information about future Government procurements, including information that generally is not available to the public. In addition, the work may involve the creation, development or enhancement of specifications or requirements, for various systems, equipment, hardware, and/or software. In order to prevent or mitigate a potential or actual bias, unfair competitive advantage, or other potential or actual conflict of interest, the Contractor shall be subject to the following exclusions:

(1) The Contractor may be excluded from competition for, or award of, any Government contract for which, in the course of performance of this contract, the Contractor has received procurement information which has not been made generally available to the public.

(2) The Contractor shall be excluded from competition for, or award of, any Government

contract for which the Contractor assists in the development of the solicitation, Cost Estimate, Requirements, Specifications, or Statement of Work.

(3) The Contractor shall be excluded from competition for, or award of any Government

contract which requires or includes the evaluation and/or development of system requirements, system definition, or other products that were developed by the Contractor under this contract.

(4) The Contractor may be excluded from competition for, or award of, any Government

contract which requires, construction or fabrication of any system, equipment, hardware, and/or software for which the Contractor participated in the development of requirements or definitions pursuant to this contract.

B. This clause shall not exclude the Contractor from performing work under any amendment or modification to this contract or from competing for an award for any future contract which is the same or similar to work (e.g., logical follow-on) performed under this contract. C. The term "Contractor" as used in this clause includes any person, firm, corporation, or other business entity which has a majority or controlling interest in the Contractor or in any parent corporation thereof, and any person, firm, corporation or business entity in which the Contractor (or any parent or subsidiary corporation thereof) has a majority or controlling interest. The term “Contractor” also includes the corporate officers or other officers or principals (if not a corporation) of the Contractor, and of any parent or subsidiary corporation thereof, which has a majority or controlling interest in the Contractor. D. The exclusions contained in this clause shall apply for the life of the Contract (including all task orders, if any, issued under the Contract) plus 2 years.

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E. If any provision of this clause excludes the Contractor from competition for, or award of, any contract, the Contractor shall be ineligible to be a subcontractor, at any tier, on such contract. F. This clause shall be incorporated into any subcontracts awarded under this contract. H.20 SECURITY AND POSITION SENSITIVITY DESIGNATIONS (AUG 2017) Portions of the work under Section C may require Contractor personnel with security clearances. Cleared personnel, if required, must be available at the transition of the contract or task order. Some task orders may require access to classified information. For future task orders, a determination will be made at issuance of the TORFP whether a Facility Clearance is required and will state whether or not the clearance will apply to the Prime and/or any of its subcontractors. If a Facilities Clearance is required, the Contractor shall follow procedures in accordance with the Industrial Security Regulation (DOD 5220.22R) for the receipt, generation, and storage of classified material. The Contractor shall be responsible for obtaining appropriate security clearance from the Defense Security Service and for ensuring compliance by its employees and subcontractors(s) with the security regulations of the Government installation or Contractor (or subcontractor) facility where work is to be performed (All security position issues will depend specifically on each task order requirement. Contractor will be so notified at that time of TORFP issuance of any security position sensitivity issues requiring compliance herein). The Contractor shall comply with the following Position Sensitivity Designations as defined under DOT Order 1630.2B, Personnel Security Management: Labor Category Sensitivity Level All Personnel Moderate If required under an individual task order, the Contractor must possess and maintain a Secret Facility Security Clearance in accordance with the Industrial Security Regulation (DOD 5220.22R) for the receipt, generation, and storage of classified material. The Contractor must possess the clearance at time of task order award. The Contractor shall be responsible for ensuring compliance by its employees and subcontractors with the security regulations of the Government installation or other facility where work is to be performed. H.21 INCIDENTAL HARDWARE/SOFTWARE (SEP 2009) The acquisition of incidental hardware, software, or supplies may be appropriate on individual task orders in cases where the hardware/software is incidental to the performance of services to be provided under the task order, and the Government may require the Contractor to purchase hardware, software, and related supplies to support specific projects. Such requirements will be identified at the time a task order is issued or may be identified during the course of performance

http://www.dtic.mil/whs/directives/corres/pdf/522022r.pdf



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of a task order by the Government or Contractor. If the Contractor identifies a requirement for miscellaneous supplies within the scope of a task order, the Contractor shall submit to the Government a request for approval to purchase such materials. The request shall include a description of the specific items, direct cost, indirect cost, and rationale. NOTE: Should the need arise for the Contractor (or its subcontractor) to purchase any commercial IT hardware, software and/or telecommunications in support of Volpe Center projects, project managers must contact the TOCOR in advance of making such a request to the Contractor. The TOCOR must obtain approval of the Volpe Center Chief Information Officer (CIO) and TOCO before authorizing this type of purchase. The Contractor may not proceed with any such IT purchase before confirming that the necessary TOCO and CIO approval has been obtained. H.22 HANDLING OF DATA (AUG 2011)

The Contractor and any of its subcontractors in performance of this contract may have need for access to and use of various types of data and information in the possession of the Government which the Government obtained under conditions that restrict the Government's right to use and disclose the data and information, or which may be of such a nature that its dissemination or use other than in the performance of this contract would be adverse to the interests of the Government or other parties. Therefore, the Contractor and its subcontractors agree to abide by any restrictive use conditions on such data and not to:

(1) Knowingly disclose such data and information to others without written authorization from the CO, unless the Government has made the data and information available to the public; nor

(2) Use for any purpose other than the performance of this contract that data which bears a restrictive marking or legend.

In the event the work required to be performed under this contract requires access to proprietary data of other companies, the Contractor shall obtain agreements from such other companies for such use unless such data is provided or made available to the Contractor by the Government. Two copies of such company-to-company agreements shall be furnished promptly to the CO for information only. These agreements shall prescribe the scope of authorized use or disclosure, and other terms and conditions to be agreed upon between the parties. It is agreed by the Contractor that any such data, whether obtained by the Contractor pursuant to the aforesaid agreement or from the Government, shall be protected from unauthorized use or disclosure to any individual, corporation, or organization so long as it remains proprietary.

Through formal training in company policy and procedures, the Contractor agrees to make employees aware of the absolute necessity to maintain the confidentiality of data and information, as required above, and, further, to be made aware of the sanctions which may be imposed for divulging either the proprietary data of other companies or data that is obtained from the Government to anyone except as authorized. The Contractor shall obtain from each employee engaged in any effort connected with this contract an agreement in writing that shall in

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substance provide that such employee will not during his/her employment by the Contractor, or thereafter, disclose to others or use for his/her own benefit or the future benefit of any individual any trade secrets, confidential information, or proprietary/restricted data (to include Government "For Official Use Only") received in connection with the work under this contract. The Contractor shall furnish a sample form of this agreement to the CO promptly after award.

The Contractor agrees to hold the Government harmless and indemnify the Government against any cost/loss resulting from the unauthorized use of disclosure of third party data or software by the Contractor, its employees, subcontractors, or agents.

The Contractor agrees to include the substance of this provision in all subcontracts awarded under this contract. The CO will consider case-by-case exceptions from this requirement for individual subcontracts in the event that:

(1) The Contractor considers the application of the prohibitions of this provision to be inappropriate and unnecessary in the case of a particular subcontractor; (2) The subcontractor provides a written statement affirming absolute unwillingness to perform absent some relief from the substance of this prohibition;

(3) Use of an alternate subcontract source would reasonably detract from the quality of effort; and

(4) The Contractor provides the CO timely written advance notice of these and any other extenuating circumstances.

If the CO denies the exception, the Contractor and its subcontractors shall not have access to the data and information for which the Contractor and any of its subcontractors took exception, unless the Contractor agrees to include the substance of this provision in all subcontracts awarded under this contract. If the CO approves an exception, the CO shall provide the approval and its specific parameters (including duration), in writing, to the Contractor before the Contractor or any of its subcontractor is granted access to the restricted data (including, but limited to, any trade secrets, confidential information, or proprietary/restricted data as well as Government "For Official Use Only" for use in connection with the work under this contract).

The Contractor and its subcontractors agree to abide by all data and information markings. When transferring or sharing such data for work under this contract, before such transfer or sharing, the Contractor and its subcontractors shall ensure the markings are included or remain on the data and information as the markings were received from the Government or another company.

Except as the CO specifically authorizes in writing, upon completion of all work under this contract, the Contractor shall return all such data and information obtained from the Government, including all copies, modifications, adaptations, or combinations thereof, to the CO. Data obtained from another company shall be disposed of in accordance with the Contractor's agreement with that company, or, if the agreement makes no provision for

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disposition, shall be returned to that company. The Contractor shall further certify in writing to the CO that all copies, modifications, adaptations, or combinations of such data or information which cannot reasonably be returned to the CO (or to a company) be deleted from the Contractor's (and any subcontractor's) records and destroyed.

These restrictions do not limit the Contractor's (or subcontractor’s) right to use and disclose any data and information obtained from another source without restriction.

As used herein, the term "data" generally has the meaning set forth in Federal Acquisition Regulations (FAR), Clause 52.227-14, "Rights in Data - General" (DEC 2007), Alternate I, II, III (DEC 2007), and includes, but is not limited to, computer software, as also defined in FAR Clause 52.227-14. In regards to other companies’ information that the Government may receive with restrictions or pursuant to a Non-disclosure agreement, “data” may also mean any information pertaining to that company without limitation, and including “information incidental to contract administration, such as financial, administrative, cost or pricing, or management information,” regardless of the form or the media on which the information may be recorded or in which the information may be transmitted to the Government. H.23 DOT INFORMATION SECURITY REQUIREMENTS (MAY 2013) a) Access to Sensitive Information. 1) Work under this contract may involve access to sensitive information as described in paragraph 4, below that shall not be disclosed by the Contractor unless authorized by the CO or designee. To protect sensitive information, the Contractor shall provide training to any Contractor employee authorized access to sensitive information and, upon request of the Government, provide information as to an individual's suitability to have such authorization. Contractor employees found by the Government to be unsuitable or whose employment is deemed contrary to the public interest or inconsistent with the best interest of national security may be prevented from performing work under the particular contract when requested by the CO or designee. 2) The Contractor shall ensure that Contractor employees are: (1) citizens of the United States of America or an alien who has been lawfully admitted for permanent residence or employment (indicated by immigration status) as evidenced by U.S. Citizenship and Immigration Services documentation; and (2) have background investigations in accordance with DOT Order 1630.2B, “Personnel Security Management” and its supplement, DOT Order 1631.1, “Granting Access to DOT Facilities, Systems and Information for New Federal and Contractor Employees” (to be provided as GFI under IT Support Task Order 1) and corresponding policy updates. 3) The Contractor shall include the above requirements in any subcontract awarded involving access to Government facilities, sensitive information, and/or resources. 4) Sensitive Information is proprietary data or other information that, if subject to unauthorized access, modification, loss, or misuse, could adversely affect national interest, conduct of Federal programs, or privacy of individuals specified in the Privacy Act but has not been specifically

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authorized to be kept secret in the interest of national defense or foreign policy under an Executive Order or Act of Congress. b) Information Technology (IT) Services. 1) The Contractor shall be responsible for IT security for all systems operated by or connected to a DOT network, regardless of location. This includes any IT resources or services through which the Contractor has physical or electronic access to the DOT's sensitive information that directly supports the mission of the DOT (e.g., hosting the DOT’s e-Government sites or other IT operations). If necessary, the Government shall have access to Contractor and any subcontractor facilities, systems/networks operated on behalf of the DOT, documentation, databases, and personnel to carry out a program of IT inspection (to include vulnerability scanning), investigation, and audit to safeguard against threats and hazards to DOT data or IT systems. 2) Within 30 calendar days after any task order award, the Contractor shall develop and provide to the Government for approval an IT Security Plan that describes the processes and procedures the Contractor will follow in performance of this contract to ensure the appropriate security of IT resources developed, processed, or used under this contract. This plan shall be written and implemented in accordance with applicable Federal laws, including the FISMA of 2002, the Computer Security Act of 1987 (40 U.S.C. 1441 et seq.), the Clinger-Cohen Act of 1996, and the Government Information Security Reform Act (GISRA) of 2000, and meet Government IT security requirements, including Office of Management and Budget (OMB) Circular A-130, “Management of Federal Information Resources, Appendix 111, Security of Federal Automated Information Resources”; NIST Guidelines; the Federal Desktop Core Configuration (FDCC); the DOT’s CIOP and associated guidelines, and DOT Order 1630.2B, “Personnel Security Management” and its supplement, DOT Order 1631.1, “Granting Access to DOT Facilities, Systems and Information for New Federal and Contractor Employees” and corresponding policy updates. 3) The Contractor shall screen its personnel requiring privileged access or limited privileged access to systems operated by the Contractor for DOT or interconnected to a DOT network in accordance with DOT Order 1630.2B, “Personnel Security Management” and its supplement, DOT Order 1631.1, “Granting Access to DOT Facilities, Systems and Information for New Federal and Contractor Employees”, and ensure Contractor employees are trained annually in accordance with OMB Circular A-130, FISMA, and NIST requirements with a specific emphasis on the Volpe Center’s Information Systems Rules of Behavior. 4) The Contractor shall immediately notify the CO and the COR when an employee with access to DOT information systems is terminated. 5) The Contractor shall include the above requirements in any subcontract awarded for IT services. 6) IT means any equipment or interconnected system or subsystem of equipment used in the automatic acquisition, storage, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information and as further defined in OMB Circular A-130 and the FAR Part 2.

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SECTION I - CONTRACT CLAUSES

I.1 FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the CO will make their full text available. Also, the full text of a clause may be accessed electronically at these addresses: FAR: http://www.acquisition.gov/far/index.html Transportation Acquisition Regulation (TAR): http://www.dot.gov/administrations/assistant-secretary-administration/transportation-acquisition-regulation-tar Transportation Acquisition Manual (TAM): http://one10.dot.gov/office/ost/ospe/TAMwiki/Home.aspx I. FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES NUMBER TITLE DATE 52.202-1 DEFINITIONS NOV 2013 52.203-3 GRATUITIES APR 1984 52.203-5 COVENANT AGAINST CONTINGENT FEES MAY 2014 52.203-6 RESTRICTIONS ON SUBCONTRACTOR SEP 2006 SALES TO THE GOVERNMENT 52.203-7 ANTI-KICKBACK PROCEDURES MAY 2014 52.203-8 CANCELLATION, RESCISSION, AND RECOVERY MAY 2014 OF FUNDS FOR ILLEGAL OR IMPROPER ACTIVITY 52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR MAY 2014

IMPROPER ACTIVITY 52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE OCT 2010

INFLUENCE CERTAIN FEDERAL TRANSACTIONS 52.203-13 CONTRACTOR CODE OF BUSINESS ETHICS OCT 2015 AND CONDUCT 52-203-14 DISPLAY OF HOTLINE POSTER(S) OCT 2015 52.203-16 PREVENTING PERSONAL CONFLICTS OF INTEREST DEC 2011 52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER APR 2014 RIGHTS AND REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS

52.204-2 SECURITY REQUIREMENTS AUG 1996 52.204-4 PRINTED OR COPIED DOUBLE-SIDED MAY 2011 ON RECYCLED PAPER 52.204-7 SYSTEM FOR AWARD MANAGEMENT OCT 2016 52.204-9 PERSONAL IDENTITY VERIFICATION OF JAN 2011

CONTRACTOR PERSONAL

http://www.acquisition.gov/far/index.html

http://www.acquisition.gov/far/index.html

http://www.dot.gov/administrations/assistant-secretary-administration/transportation-acquisition-regulation-tar


http://one10.dot.gov/office/ost/ospe/TAMwiki/Home.aspx

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52.204-13 SYSTEM FOR AWARD MANAGEMENT OCT 2016

MAINTENANCE 52.204-15 SERVICE CONTRACT REPORTING REQUIREMENTS OCT 2016 FOR INDEFINITE-DELIVERY CONTRACTS

52.204-19 INCORPORATION BY REFERENCE OF DEC 2014 REPRESENTATIONS AND CERTIFICATIONS

52.209-6 PROTECTING THE GOVERNMENT'S INTEREST OCT 2015 WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT

52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION JUL 2013 REGARDING RESPONSIBILITY MATTERS

52.209-10 PROHIBITION ON CONTRACTING WITH NOV 2015 INVERTED DOMESTIC CORPORATIONS

52.211-5 MATERIAL REQUIREMENTS AUG 2000 52.215-2 AUDIT AND RECORDS--NEGOTIATION OCT 2010 52.215-8 ORDER OF PRECEDENCE - UNIFORM OCT 1997 CONTRACT FORMAT 52.215-10 PRICE REDUCTION FOR DEFECTIVE CERTIFIED COST OR PRICING DATA AUG 2011 52.215-11 PRICE REDUCTION FOR DEFECTIVE AUG 2011 COST OR PRICING DATA 52.215-12 SUBCONTRACTOR CERTIFIED COST OR PRICING DATA OCT 2010 52.215-13 SUBCONTRACTOR CERTIFIED COST OR PRICING DATA OCT 2010

- MODIFICATIONS 52.215-15 PENSION ADJUSTMENTS AND ASSET REVISIONS OCT 2010 52.215-18 REVERSION OR ADJUSTMENT OF PLANS FOR JUL 2005 POSTRETIREMENT BENEFITS (PRB) OTHER THAN PENSIONS 52.215-19 NOTIFICATION OF OWNERSHIP CHANGES OCT 1997 52.215-20 REQUIREMENTS FOR CERTIFIED COST OR OCT 2010

PRICING DATA AND DATA OTHER THAN CERTIFIED COST OR PRICING DATA

52.215-21 REQUIREMENTS FOR COST OR PRICING DATA OR OCT 2010 INFORMATION OTHER THAN COST OR PRICING

DATA –MODIFICATIONS 52.215-22 LIMITATIONS ON PASS-THROUGH CHARGES-- OCT 2009 IDENTIFICATION OF SUBCONTRACTOR EFFORTS 52.215-23 LIMITATIONS ON PASS-THROUGH CHARGES OCT 2009 52.216-7 ALLOWABLE COST AND PAYMENT JUN 2013 52.216-8 FIXED FEE JUN 2011 52.217-8 OPTION TO EXTEND SERVICES NOV 1999 For the purpose of this clause, the blank is completed as follows:

30 calendar days before expiration of the contract performance period.

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52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS NOV 2016 52.219-16 LIQUIDATED DAMAGES -- SUBCONTRACTING PLAN JAN 1999 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM JUL 2013 REPRESENTATIONS

52.222-2 PAYMENT FOR OVERTIME PREMIUMS JUL 1990

For the purpose of this clause the blank is completed as follows: (a) Zero

52.222-3 CONVICT LABOR JUN 2003 52.222-12 CONTRACT TERMINATION – DEBARMENT MAY 2014 52.222-17 NONDISPLACEMENT OF QUALIFIED WORKERS MAY 2014 52.222-21 PROHIBITION OF SEGREGATED FACILITIES APR 2015 52.222-26 EQUAL OPPORTUNITY SEP 2016 52.222-27 AFFIRMATIVE ACTION COMPLIANCE APR 2015 REQUIREMENTS FOR CONSTRUCTION 52.222-35 EQUAL OPPORTUNITY FOR VETERANS OCT 2015 52.222-36 AFFIRMATIVE ACTION FOR WORKERS JUL 2014

WITH DISABILITIES 52.222-37 EMPLOYMENT REPORTS VETERANS FEB 2016

ERA, AND OTHER ELIGIBLE VETERANS 52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE DEC 2010

NATIONAL LABOR RELATIONS ACT 52.222-41 SERVICE CONTRACT LABOR STANDARDS MAY 2014 52.222-50 COMBATING TRAFFICKING IN PERSONS MAR 2015 52.222-54 EMPLOYMENT ELIGIBILITY VERIFICATION OCT 2015 52.222-55 MINIMUM WAGE DEC 2015 52.223-5 POLLUTION PREVENTION AND MAY 2011

RIGHT-TO-KNOW INFORMATION 52.223-6 DRUG-FREE WORKPLACE MAY 2001 52.223-10 WASTE REDUCTION PROGRAM MAY 2011 52.223-15 ENERGY EFFICIENCY IN ENERGY-CONSUMING DEC 2007 PRODUCTS 52.223-16 ACQUISITION of EPEAT-REGISTERED PERSONAL OCT 2015

COMPUTER PRODUCTS 52.224-1 PRIVACY ACT NOTIFICATION APR 1984 52.224-2 PRIVACY ACT APR 1984 52.225-1 BUY AMERICAN ACT - SUPPLIES MAY 2014 52.225-8 DUTY-FREE ENTRY OCT 2010 52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES JUN 2008 52.227-1 AUTHORIZATION AND CONSENT DEC 2007 ALTERNATE I APR 1984 52.227-2 NOTICE AND ASSISTANCE REGARDING DEC 2007

PATENT AND COPYRIGHT INFRINGEMENT 52.227-3 PATENT INDEMNITY APR 1984 52.227-13 PATENT RIGHTS – OWNERSHIP BY THE GOVERNMENT DEC 2007

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52.227-14 RIGHTS IN DATA GENERAL MAY 2014

ALTERNATES I, II, AND III DEC 2007 52.227-16 ADDITIONAL DATA REQUIREMENTS JUN 1987 52.227-19 COMMERCIAL COMPUTER SOFTWARE- DEC 2007

LICENSE 52.228-5 INSURANCE - WORK ON A GOVERNMENT JAN 1997 INSTALLATION 52.229-3 FEDERAL, STATE AND LOCAL TAXES FEB 2013 52.230-2 COST ACCOUNTING STANDARDS OCT 2015 52.230-3 DISCLOSURE AND CONSISTENCY OF OCT 2015

COST ACCOUNTING PRACTICES 52.230-6 ADMINISTRATION OF COST JUN 2010

ACCOUNTING STANDARDS 52.232-1 PAYMENTS APR 1984 52.232-8 DISCOUNTS FOR PROMPT PAYMENT FEB 2002 52.232-9 LIMITATION ON WITHHOLDING OF PAYMENTS APR 1984 52.232-11 EXTRAS APR 1984 52.232-17 INTEREST MAY 2014 52.232-18 AVAILABILITY OF FUNDS APR 1984 52.232-19 AVAILABILITY OF FUNDS FOR NEXT FISCAL YEAR APR 1984 52.232-20 LIMITATION OF COST APR 1984

“task order” is to be substituted for “Schedule” wherever that word appears in the clause.

52.232-22 LIMITATION OF FUNDS APR 1984 “task order” is to be substituted for “Schedule” wherever that word appears in the clause.

52.232-23 ASSIGNMENT OF CLAIMS MAY 2014 52.232-25 PROMPT PAYMENT JAN 2017 52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER JUL 2013 CENTRAL CONTRACTOR REGISTRATION 52.232-39 UNENFORCEABILITY OF UNAUTHORIZED JUN 2013

OBLIGATIONS 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL DEC 2013

BUSINESS SUBCONTRACTORS 52.233-1 DISPUTES MAY 2014 52.233-3 PROTEST AFTER AWARD AUG 1996

ALTERNATE I JUN 1985 52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT OCT 2004

CLAIM 52.237-2 PROTECTION OF GOVERNMENT APR 1984

BUILDINGS, EQUIPMENT, AND VEGETATION 52.239-1 PRIVACY OR SECURITY SAFEGUARDS AUG 1996 52.242-1 NOTICE OF INTENT TO DISALLOW COSTS APR 1984 52.242-3 PENALTIES FOR UNALLOWABLE COSTS MAY 2014

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52.242-4 CERTIFICATION OF FINAL INDIRECT COSTS JAN 1997 52.242-13 BANKRUPTCY JUL 1995 52.243-1 CHANGES-FIXED PRICE AUG 1987

ALTERNATES II, V APR 1984 52.243-2 CHANGES - COST-REIMBURSEMENT AUG 1987

ALTERNATES II, V APR 1984 52.243-7 NOTIFICATION OF CHANGES JAN 2017 52.244-2 SUBCONTRACTS OCT 2010 ALTERNATE I JUN 2007 52.244-5 COMPETITION IN SUBCONTRACTING DEC 1996 52.245-1 GOVERNMENT PROPERTY JAN 2017 52.245-9 USE AND CHARGES APR 2012 52.246-25 LIMITATION OF LIABILITY – SERVICES FEB 1997 52.247-63 PREFERENCE FOR U.S. FLAG AIR CARRIERS JUN 2003 52.248-1 VALUE ENGINEERING OCT 2010 52.249-2 TERMINATION FOR THE CONVENIENCE OF APR 2012

OF THE GOVERNMENT (FIXED PRICE) 52.249-6 TERMINATION (COST-REIMBURSEMENT) MAY 2004 52.249-8 DEFAULT (FIXED PRICE SUPPLY AND SERVICE) APR 1984 52.249-14 EXCUSABLE DELAYS APR 1984 52.251-1 GOVERNMENT SUPPLY SOURCES APR 2012 52.253-1 COMPUTER GENERATED FORMS JAN 1991 II. TRANSPORTATION ACQUISITION REGULATION (48 CFR CHAPTER 12) CLAUSES NUMBER TITLE DATE 1252.222-70 STRIKES OR PICKETING AFFECTING TIMELY OCT 1994

COMPLETION OF THE CONTRACT WORK 1252.222-71 STRIKES OR PICKETING AFFECTING ACCESS TO OCT 1994

A DOT FACILITY 1252.223-71 ACCIDENT AND FIRE REPORTING APR 2005 1252.223-73 SEAT BELT USE POLICIES AND PROGRAMS APR 2005 1252.236-70 SPECIAL PRECAUTIONS FOR WORK AT OCT 1994

OPERATING AIRPORTS 1252.237-70 QUALIFICATIONS OF CONTRACTOR EMPLOYEES APR 2005 1252.239-70 CYBERSECURITY REQUIREMENTS FOR UNCLASSIFIED JUN 2012

AND SENSITIVE INFORMATION TECHNOLOGY RESOURCES

1252.242-72 DISSEMINATION OF CONTRACT INFORMATION OCT 1994 1252.245-70 GOVERNMENT PROPERTY REPORTS OCT 1994

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I.2 FAR 52.204-1 APPROVAL OF CONTRACT (DEC 1989) This contract is subject to the written approval of the Chief of the Contracting Office and shall not be binding until so approved. I.3 FAR 52.215-19 NOTIFICATION OF OWNERSHIP CHANGES (OCT 1997) (a) The contractor shall make the following notifications in writing: (1) When the contractor becomes aware that a change in its ownership has occurred, or is certain to occur, that could result in changes in the valuation of its capitalized assets in the accounting records, the contractor shall notify the Administrative CO (ACO) within 30 days. (2) The contractor shall also notify the ACO within 30 days whenever changes to asset valuations or any other cost changes have occurred or are certain to occur as a result of a change in ownership. (b) The contractor shall- (1) Maintain current, accurate, and complete inventory records of assets and their costs; (2) Provide the ACO or designated representative ready access to the records upon request; (3) Ensure that all individual and grouped assets, their capitalized values, accumulated depreciation or amortization, and remaining useful lives are identified accurately before and after each of the contractor’s ownership changes; and (4) Retain and continue to maintain depreciation and amortization schedules based on the asset records maintained before each contractor ownership change. (c) The contractor shall include the substance of this clause in all subcontracts under this contract that meet the applicability requirement of FAR 15.408(k). I.4 FAR 52.244-6 SUBCONTRACTS FOR COMMERCIAL ITEMS (JAN 2017)

(a) Definitions. As used in this clause— “Commercial item” has the meaning contained in Federal Acquisition Regulation 2.101,

Definitions. “Subcontract” includes a transfer of commercial items between divisions, subsidiaries, or

affiliates of the Contractor or subcontractor at any tier.

(b) To the maximum extent practicable, the Contractor shall incorporate, and require its subcontractors at all tiers to incorporate, commercial items or non-developmental items as components of items to be supplied under this contract.

(c)(1) The Contractor shall insert the following clauses in subcontracts for commercial items: (i) 52.203-13, Contractor Code of Business Ethics and Conduct (Dec 2008) (Pub. L. 110-

252, Title VI, Chapter 1 (41 U.S.C. 251 note)), if the subcontract exceeds $5,000,000 and has a performance period of more than 120 days. In altering this clause to identify the appropriate parties, all disclosures of violation of the civil False Claims Act or of Federal criminal law shall be directed to the agency Office of the Inspector General, with a copy to the Contracting Officer.

https://www.acquisition.gov/far/current/html/Subpart%202_1.html#wp1145508

https://www.acquisition.gov/far/current/html/52_200_206.html#wp1141983

http://uscode.house.gov/

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(ii) 52.203-15, Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (Section 1553 of Pub. L. 111-5), if the subcontract is funded under the Recovery Act.

(iii) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)), if the subcontract offers further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $550,000 ($1,000,000 for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). (v) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam

Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212(a)); (vi) 52.222-36, Affirmative Action for Workers with Disabilities (June 1998)

(29 U.S.C. 793). (vii) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or

Fees (Dec 2004) (E.O. 13201), if flow down is required in accordance with paragraph (g) of FAR clause 52.222-39).

(viii) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)). (ix) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels

(Feb 2006) (46 U.S.C. App. 1241 and 10 U.S.C. 2631), if flow down is required in accordance with paragraph (d) of FAR clause 52.247-64).

(2) While not required, the Contractor may flow down to subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(d) The Contractor shall include the terms of this clause, including this paragraph (d), in subcontracts awarded under this contract. I.5 FAR 52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS OR STATEMENTS (JAN 2017)

(a) Definitions. As used in this clause– “Internal confidentiality agreement or statement” means a confidentiality agreement or any

other written statement that the contractor requires any of its employees or subcontractors to sign regarding nondisclosure of contractor information, except that it does not include confidentiality agreements arising out of civil litigation or confidentiality agreements that contractor employees or subcontractors sign at the behest of a Federal agency.

“Subcontract” means any contract as defined in subpart 2.1 entered into by a subcontractor to furnish supplies or services for performance of a Prime contract or a subcontract. It includes but is not limited to purchase orders, and changes and modifications to purchase orders.

“Subcontractor” means any supplier, distributor, vendor, or firm (including a consultant) that furnishes supplies or services to or for a Prime contractor or another subcontractor.

(b) The Contractor shall not require its employees or subcontractors to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting waste, fraud, or abuse related to the performance of a Government contract to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information (e.g., agency Office of the Inspector General).



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(c) The Contractor shall notify current employees and subcontractors that prohibitions and restrictions of any preexisting internal confidentiality agreements or statements covered by this clause, to the extent that such prohibitions and restrictions are inconsistent with the prohibitions of this clause, are no longer in effect.

(d) The prohibition in paragraph (b) of this clause does not contravene requirements applicable to Standard Form 312 (Classified Information Nondisclosure Agreement), Form 4414 (Sensitive Compartmented Information Nondisclosure Agreement), or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(e) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015, (Pub. L. 113-235), and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions) use of funds appropriated (or otherwise made available) is prohibited, if the Government determines that the Contractor is not in compliance with the provisions of this clause.

(f) The Contractor shall include the substance of this clause, including this paragraph (f), in subcontracts under such contracts. I.6 FAR 52.216-18 ORDERING (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from date of contract award through fifty-four (54) months.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered “issued” when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

I.7 FAR 52.216-19 ORDER LIMITATIONS. (MAR 2016)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $ 3,500.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor—

(1) Any order for a single item in excess of $500,000.00; (2) Any order for a combination of items in excess of $1,000,000.00; or (3) A series of orders from the same ordering office within three (3) calendar days that

together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

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(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within three (3) calendar days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

I.8 FAR 52.216-22 INDEFINITE QUANTITY (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the “maximum.” The Government shall order at least the quantity of supplies or services designated in the Schedule as the “minimum.”

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract 12 months after the contract period expires. I.9 FAR 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) (a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension. (b) If the Government exercises this option, the extended contract shall be considered to include this option clause. (c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 60 months. II. TRANSPORTATION ACQUISITION REGULATION (48 CFR CHAPTER 12) CLAUSES I.10 TAR 1252.237-73 KEY PERSONNEL (AUG 2017) (a) The personnel as specified below are considered essential to the work being performed under this contract and may, with the consent of the contracting parties, be changed from time to time during the course of the contract by adding or deleting personnel, as appropriate.

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(b) Before removing, replacing, or diverting any of the specified individuals, the Contractor shall notify the contracting officer, in writing, before the change becomes effective. The Contractor shall submit information to support the proposed action to enable the contracting officer to evaluate the potential impact of the change on the contract. The Contractor shall not remove or replace personnel under this contract until the Contracting Officer approves the change. The Key Personnel under this Contract are: CLIN 0100 (1) Program Manager: (To be specified at contract award) (2) Senior Project Engineers/Registered Professional Engineers: (To be specified at contract award) (3) Staff Engineers (Fire Protection): (To be specified at contract award) CLIN 0200 (1) Program Manager: (To be specified at contract award) (2) Senior Project Engineer/Registered Professional Engineer: (To be specified at contract award) (3) Staff Engineer (Fire Protection): (To be specified at contract award)

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SECTION J – LIST OF ATTACHMENTS

ATTACHMENT NUMBER AND TITLE J.1 MASTER CONTRACT COST PROPOSAL COVER SHEET J.2 MASTER CONTRACT COST AND BUSINESS PROPOSAL CHECKLIST J.3 MONTHLY TASK ORDER COST REPORT FORMAT J.4 LABOR CATEGORY QUALIFICATIONS J.5 QUALITY ASSURANCE SURVEILLANCE PLAN J.6 EXCEL MASTER CONTRACT COST AND BUSINESS PROPOSAL

SCHEDULES 1-10 J.7 CLIENT AUTHORIZATION LETTER J.8 SAMPLE PAST PERFORMANCE QUESTIONNAIRE J.9 EXCEL TASK ORDER INVOICE (VOUCHER) COVER PAGE J.10 TRAVEL AUTHORIZATION REQUEST (TAR)

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SECTION K - REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF OFFERORS

K.1 IMPORTANCE OF ANNUAL REPRESENTATIONS AND CERTIFICATIONS (FEB 2013) All Offerors are required to register in System for Award Management (SAM) and fill out Annual Representations and Certifications in SAM. The Government intends to evaluate proposals and award contracts based on the initial offer in accordance with FAR 52.215-1(f)(4). It is particularly important that each Offeror be fully responsive in providing its best offer initially, including Certifications, since there may be no opportunity to revise offers at a later date. K.2 FAR 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JUNE 2017)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 541330.

(2) The small business size standard is $15.0 M. (3) The small business size standard for a concern which submits an offer in its own name,

other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the provision at 52.204-7 is not included in this solicitation, and the Offeror is currently registered in the System for Award Management (SAM), and has completed the Representations and Certifications section of SAM electronically, the Offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes:

□ (i) Paragraph (d) applies. □ (ii) Paragraph (d) does not apply and the Offeror has completed the individual

representations and certifications in the solicitation. (c)(1) The following representations or certifications in SAM are applicable to this solicitation

as indicated: (i) 52.203-2, Certificate of Independent Price Determination. This provision applies to

solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation. (ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain

Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

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(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation. This provision applies to all solicitations.

(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.

(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—

(A) Are not set aside for small business concerns; (B) Exceed the simplified acquisition threshold; and (C) Are for contracts that will be performed in the United States or its outlying areas.

(vi) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations—Representation.

(vii) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(viii) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.

(ix) 52.214-14, Place of Performance—Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(x) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(xi) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(xii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

(xiii) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xiv) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xv) 52.222-38, Compliance with Veterans’ Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.

(xvi) 52.222-57, Representation Regarding Compliance with Labor Laws (Executive Order 13673). This provision applies to solicitations expected to exceed $50 million which are issued from October 25, 2016 through April 24, 2017, and solicitations expected to exceed $500,000, which are issued after April 24, 2017.

Note to paragraph (c)(1)(xvi): By a court order issued on October 24, 2016, 52.222-57 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, GSA, DoD and NASA will


















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publish a document in the Federal Register advising the public of the termination of the injunction.

(xvii) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA–designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

(xviii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA–designated items.

(xix) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals–Representation. This provision applies to solicitation that include the clause at 52.204-7.

(xx) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xxi) 52.225-4, Buy American—Free Trade Agreements—Israeli Trade Act Certificate. (Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225-3.

(A) If the acquisition value is less than $25,000, the basic provision applies. (B) If the acquisition value is $25,000 or more but is less than $50,000, the provision

with its Alternate I applies. (C) If the acquisition value is $50,000 or more but is less than $77,533, the provision

with its Alternate II applies. (D) If the acquisition value is $77,533 or more but is less than $100,000, the provision

with its Alternate III applies. (xxii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations

containing the clause at 52.225-5. (xxiii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan—

Certification. This provision applies to all solicitations. (xxiv) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities

or Transactions Relating to Iran-Representation and Certifications. This provision applies to all solicitations.

(xxv) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.

(2) The following representations or certifications are applicable as indicated by the Contracting Officer:

[Contracting Officer check as appropriate.] __ (i) 52.204-17, Ownership or Control of Offeror. __ (ii) 52.204-20, Predecessor of Offeror. __ (iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End

Products. __ (iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards

to Contracts for Maintenance, Calibration, or Repair of Certain Equipment- Certification. __ (v) 52.222-52, Exemption from Application of the Service Contract Labor Standards

to Contracts for Certain Services-Certification. __ (vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material

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__ (A) Basic. __(B) Alternate I.

__ (viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The Offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database information, the Offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [Offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR CLAUSE # TITLE DATE CHANGE ____________ _________ _____ _______

Any changes provided by the Offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM.

K.3 FAR 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JUL 2013)

(a) Definitions. As used in this provision- “Administrative proceeding” means a non-judicial process that is adjudicatory in nature in

order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

“Federal contracts and grants with total value greater than $10,000,000” means- (1) The total value of all current, active contracts and grants, including all priced options;

and (2) The total value of all current, active orders including all priced options under indefinite-

delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

“Principal” means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The Offeror [ ] has [ ] does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the Offeror checked “has” in paragraph (b) of this provision, the Offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:


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(1) Whether the Offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the Offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction. (ii) In a civil proceeding, a finding of fault and liability that results in the payment of a

monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more. (iii) In an administrative proceeding, a finding of fault and liability that results in-

(A) The payment of a monetary fine or penalty of $5,000 or more; or (B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the Offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the Offeror has provided the requested information with regard to each occurrence.

(d) The Offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management database via https://www.acquisition.gov (see 52.204-7). K.4 FAR 52.203-18 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS-REPRESENTATION (JAN 2017)

(a) Definition. “Internal confidentiality agreement or statement,” “subcontract”, and “subcontractor”, as used

in this provision, are defined in the clause at 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements.

(b) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions), Government agencies are not permitted to use funds appropriated (or otherwise made available) for contracts with an entity that requires employees or subcontractors of such entity seeking to report waste, fraud, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(c) The prohibition in paragraph (b) of this provision does not contravene requirements applicable to Standard Form 312, (Classified Information Nondisclosure Agreement), Form 4414 (Sensitive Compartmented Information Nondisclosure Agreement), or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(d) Representation. By submission of its offer, the Offeror represents that it will not require its employees or subcontractors to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting waste, fraud, or abuse related to the performance of a Government contract to a

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designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information (e.g., agency Office of the Inspector General). K.5 FAR 52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)

(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that—

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or

(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(b) The Offeror represents that— (1) It is □ is not □ a corporation that has any unpaid Federal tax liability that has been

assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and

(2) It is □ is not □ a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months. K.6 FAR 52.209-12 CERTIFICATION REGARDING TAX MATTERS (FEB 2016)

(a) This provision implements section 523 of Division B of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts.

(b) If the Offeror is proposing a total contract price that will exceed $5,000,000 (including options), the Offeror shall certify that, to the best of its knowledge and belief, it

(1) Has □ filed all Federal tax returns required during the three years preceding the certification;

(2) Has not □ been convicted of a criminal offense under the Internal Revenue Code of 1986; and

(3) Has not □, more than 90 days prior to certification, been notified of any unpaid Federal tax assessment for which the liability remains unsatisfied, unless the assessment is the subject of an installment agreement or offer in compromise that has been approved by the Internal Revenue Service and is not in default, or the assessment is the subject of a non-frivolous administrative or judicial proceeding

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K.7 TAR 1252.237-71 CERTIFICATION OF DATA (APR 2005) NOTICE: The Secretary of Transportation has determined that this certification shall be retained in accordance with Section 4301(b)(1)(B)(i)(II) of the Federal Acquisition Reform Act (Public Law 104-106, 41 U.S.C. 425, note) and DOT Memorandum dated July 17, 1996. (a) The Offeror represents and certifies that to the best of its knowledge and belief, the information and/or data (e.g., company profile; qualifications; background statements; brochures) submitted with its offer is current, accurate, and complete as of the date of its offer. (b) The Offeror understands that any inaccurate data provided to the Department of Transportation may subject the Offeror, its subcontractors, its employees, or its representatives to: (1) prosecution for false statements pursuant to 18 U.S.C. 1001 and/or; (2) enforcement action for false claims or statements pursuant to the Program Fraud Civil Remedies Act of 1986, 31 U.S.C. 3801-3812 and 49 CFR Part 31 and/or; (3) termination for default under any contract resulting from its offer and/or; (4) debarment or suspension. (c) The Offeror agrees to obtain a similar certification from its subcontractors. Signature: ____________________________________________ Date: ____________________________________________ Typed Name and Title: ___________________________________ Company Name: ______________________________________ This certification concerns a matter within the jurisdiction of an agency of the United States and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under 18 U.S.C. 1001.

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SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

L.1 SOLICITATION PROVISIONS FAR 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer (CO) will make their full text available. The Offeror is cautioned that the listed provisions may include blocks that must be completed by the Offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the Offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): https://www.acquisition.gov/far/index.html (FAR) http://www.dot.gov/administrations/assistant-secretary-administration/transportation-acquisition-regulation-tar (TAR) I. FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) - SOLICITATION PROVISIONS NUMBER TITLE DATE 52.214-34 SUBMISSION OF OFFERS IN THE APR 1991 ENGLISH LANGUAGE 52.214-35 SUBMISSION OF OFFERS IN U.S. CURRENCY APR 1991 52.215-1 INSTRUCTIONS TO OFFERORS-COMPETITIVE JAN 2017 ACQUISITION 52.215-16 FACILITIES CAPITAL COST OF MONEY JUN 2003 52.215-22 LIMITATIONS ON PASS-THROUGH CHARGES - OCT 2009 IDENTIFICATION OF SUBCONTRACT EFFORT 52.216-28 MULTIPLE AWARDS FOR ADVISORY AND OCT 1995 ASSISTANCE SERVICES 52.222-24 PREAWARD ONSITE EQUAL FEB 1999 OPPORTUNITY COMPLIANCE EVALUATION 52.222-46 EVALUATION OF COMPENSATION FOR FEB 1993 PROFESSIONAL EMPLOYEES 52.230-7 PROPOSAL DISCLOSURE-COST ACCOUNTING APR 2005 CHANGES 52.237-10 IDENTIFICATION OF UNCOMPENSATED OVERTIME MAR 2015

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II. TRANSPORTATION ACQUISITION REGULATION (48 CFR CHAPTER 12) SOLICITATION PROVISIONS NUMBER TITLE DATE 1252.239-71 INFORMATION TECHNOLOGY SECURITY PLAN AND APR 2005 ACCREDITATION III. FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) - FULL TEXT PROVISIONS FAR 52.215-20 REQUIREMENTS FOR CERTIFIED COST OR PRICING DATA AND DATA OTHER THAN CERTIFIED COST OR PRICING DATA (OCT 2010) ALTERNATE IV (OCT 2010) (a) Submission of cost or pricing data is not required*. (b) Provide information described below: See Cost and Business Proposal Instructions and Schedules at Section L.5.A-E *Shall be required at the task order level. FAR 52.216-1 TYPE OF CONTRACT (APR 1984)

The Government anticipates award of one (1) or two (2) indefinite-delivery/indefinite-quantity task order type contracts resulting from this solicitation. FAR 52.233-2 SERVICE OF PROTEST (SEPT 2006) Protests, as defined in Section 31.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the CO (addressed as cited below) by obtaining written and dated acknowledgment of receipt from: U.S. Department of Transportation OST-R/Volpe National Transportation Systems Center Attn: Roland Regan, V222 55 Broadway Cambridge, MA 02142-1093 The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

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L.2 GENERAL INFORMATION L.2.A AWARD EXCLUSION (AUG 2017) All Prime Contractors with service contracts that are currently in effect with the Volpe Center are urged to read their contract for guidance as to whether they are precluded from award as a Prime Contractor or subcontractor under this FLS contract. Contractors may not act as a Prime Contractor on one CLIN and a subcontractor on the other CLIN. Proposals involving such teaming arrangements will be excluded from consideration. L.2.B PROPOSAL IDENTIFICATION FOR CLINs 0100 AND 0200 Offerors must clearly identify each separate cost and technical proposal submitted for either CLIN 0100 and/or CLIN 0200. For ease of reference, that part of an Offeror’s submission covering factors other than Cost; i.e., Technical Understanding, Task Staffing/Management Approach, and Past Performance will be referred to in this RFP as the “Technical Proposal.” L.2.C AWARD WITHOUT DISCUSSIONS The Government intends to evaluate CLIN 0100 and CLIN 0200 proposals independently and award either one contract for each CLIN (totaling two awards), or may award one contract for both CLINs. The Government intends to make awards based on the initial offer(s) in accordance with FAR 52.215-1(f)(4). It is particularly important that Offerors be fully responsive in providing their best offer initially since there may be no opportunity to revise proposals at a later date. However, the Government reserves the right to hold discussion if determined necessary. L.2.D PROPOSAL SUBMISSION INSTRUCTIONS. Proposals are due Tuesday, December 19, 2017, by 2:00 PM EST. Proposals shall be delivered to the following address:

US DOT/Volpe National Transportation Systems Center Attn: Roland Regan, V-222 55 Broadway Cambridge, MA 02142

When proposals are hand-carried or sent by courier service, the Offeror assumes full responsibility for ensuring that the offer is received at the address designated above on or before the specified due date and time for submission of proposals. All proposals must be closed and sealed for mailing, and complete proposal identification information must be identified on the sealed envelope/package. Please note that there are no provisions for acceptance of late offers sent by overnight courier service (except U.S. Postal Service Express Mail), regardless of the date of mailing.

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Offerors must submit one (1) original Cost and Business Proposal (Volume I) and one (1) original and three (3) copies of the Technical Proposal (Volume II) for each CLIN being proposed. In addition, both the Cost and Business (Volume I) and Technical (Volume II) proposals must be submitted on SEPARATE compact disks (CD) in a virus-free format compatible with Microsoft Office Version 2013. The Cost and Business Proposal (Volume I) shall be provided in Excel format showing all formulas. The Technical Proposal (Volume II) shall be in Microsoft Word or PDF format. Offerors should ensure that their subcontractor(s) also submit the required number of copies and CDs if the subcontractor chooses to send its proprietary proposal data directly to the Government. Offerors must use the Attachment J.1 Checklist with their cost proposal submission. An incomplete or deficient proposal that precludes the Government from completing the cost analysis, determining the probable cost to the Government, or establishing the reasonableness of proposed costs may be eliminated from consideration. The Offerors’ and subcontractors’ proposals must contain the necessary fixed fee and profit factors for inclusion in resultant contracts. Failure of Offerors to respond to or follow the instructions regarding the organization and content for both the cost and technical proposal volumes may result in the entire offer being eliminated before initial evaluation. L.2.E CONSISTENCY BETWEEN TECHNICAL PROPOSALS AND COST AND BUSINESS PROPOSALS For each CLIN proposed, Offerors are required to demonstrate consistency between each Technical Proposal and the corresponding labor costs shown in the Cost and Business Proposal and the labor resources included and evaluated in the Technical Proposal. Offerors bidding on both CLINS must demonstrate adequate resources and availability to perform both CLINS in each CLIN proposal. The labor rates shown in Attachment J.6, Schedule 5, and used to price the labor cost must be similar to the labor rates for persons whose resumes are submitted. Attachment J.6, Schedule 7, is a comparison of the category rates from Attachment J.6, Schedule 6, to the hourly rates for persons whose resumes were submitted. L.2.F EVALUATED LABOR LEVEL OF EFFORT (LOE) CLIN 0100 LOE: The Government expects that the majority of task orders will be performance based, and Offerors will be estimating required resources for task order performance consistent with the selected technical approach. However, for purposes of evaluating cost realism and to enable the CO to consider price at the time of master contract award, Offerors are required to prepare the Cost and Business Proposal using the LOE provided in Section L.5.A. A total LOE of 16,178 hours represents 4.5 years of the requirement. It is further subdivided in Attachment J.6, Schedule 6, into CPFF and FFP. This percentage apportionment is based on the Government's best estimate.

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CLIN 0200 LOE: The Government expects that the majority of task orders will be performance based, and Offerors will be estimating required resources for task order performance consistent with the selected technical approach. However, for purposes of evaluating cost realism and to enable the CO to consider price at the time of master contract award, Offerors are required to prepare the Cost and Business Proposal using the LOE provided in Section L.5.A. The total LOE of 16,583 hours represents 4.5 years of the requirement. It is further subdivided in Attachment J.6, Schedule 6, into CPFF and FFP. This percentage apportionment is based on the Government's best estimate. L.2.G PRE-PROPOSAL WEBINAR A non-mandatory pre-proposal webinar for all prospective Offerors will be held on November 9 at 2:00 PM EDT. The pre-proposal webinar will consist of presentations relevant to the requirements of the solicitation. Each prospective CLIN 0100 and/or CLIN 0200 Offeror is encouraged to attend and use this link for access to the webinar registration link: https://volpecenter.webex.com/volpecenter/onstage/g.php?MTID=e61206e8cbb12a7d500d0cf3f4a103ff1 Prospective Offerors are advised that the pre-proposal webinar will be held solely for the purpose of describing the specifications, terms, and conditions for this solicitation. All prospective Offerors are advised that, unless this solicitation is amended in writing, it will remain unchanged. L.2.H INQUIRIES Any clarification questions, inquiries or correspondence pertaining to the solicitation must be received no later than November 16, 2017 @ 2:00 PM EDT. All inquiries must be submitted via e-mail to [email protected]. Any questions received after November 16, 2017 @ 2:00 PM EDT will be answered only if it is determined by the CO to be in the best interest of the Government. NO ORAL INQUIRIES WILL BE ANSWERED. No question of any nature or in any form shall be directed to technical personnel. Any additions, deletions, or changes to this solicitation shall be made by amendment to the solicitation. Each amendment will be identified by number and receipt thereof and must be acknowledged by each Offeror. Consistent with the issuance of the solicitation, any amendment will be posted to FEDBIZOPPS (https://www.fbo.gov/). L.2.I COST AND BUSINESS PROPOSAL REVIEW The Government may at its sole discretion utilize a Contractor to assist in the review of Cost and Business Proposals. Contractors reviewing proposal information and supporting documentation are required to safeguard all proprietary data and complete non-disclosure as well as conflict of interest statements.

https://volpecenter.webex.com/volpecenter/onstage/g.php?MTID=e61206e8cbb12a7d500d0cf3f4a103ff1

https://volpecenter.webex.com/volpecenter/onstage/g.php?MTID=e61206e8cbb12a7d500d0cf3f4a103ff1


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L.2.J PROPOSAL VALIDITY Proposals submitted in response to this solicitation shall be binding on the Offeror for a minimum of 270 calendar days following the closing date of the solicitation. Any proposal offering less than 270 calendar days for acceptance may be rejected before initial evaluation. By signing and submitting the proposal, the Offeror affirms that its proposal is valid for a minimum of 270 days from the solicitation closing date. L.3 GENERAL INSTRUCTIONS FOR TECHNICAL PROPOSAL AND COST AND BUSINESS PROPOSAL PREPARATION L.3.A SOLICITATION MAILING INSTRUCTIONS To facilitate proper handling of the offer or amendment thereof, it is imperative that the outermost envelope/packaging that contains the offer/amendment be addressed in the format presented in the "Issued by" Block on page 1 of this solicitation. Packages must be clearly labeled with the solicitation number and with a statement that the contents are “Proposal Data - To Be Opened By Addressee Only.” L.3.B PROPOSAL PRESENTATION Offerors are required to submit for each CLIN (if bidding on both CLINS) separate cost and business volumes and technical volumes. Cost and business volumes and technical volumes shall include the following: COST AND BUSINESS PROPOSAL Volume I - Cost and Business Proposal The Cost and Business Proposal must consist of the Standard Form 33, solicitation documents, cost information other than cost and pricing data, Conflict of Interest Disclosure Statement, Contract Cost Control Plan, and Attachment J.6 Schedules 1-10 to show all cost proposal buildup for all Primes and subcontractors as needed. Offerors must include the required information as specified in Section L.5 below. TECHNICAL PROPOSAL Volume II – Technical Understanding, Task Staffing/Management Approach, and Past Performance Offerors must include the required information as specified in Section L.6 below. This volume shall be complete in itself so that evaluation of each part may be accomplished concurrently and evaluation of the non-cost factors may be made strictly on the basis of technical merit.

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L.3.C GENERAL PROPOSAL FORMAT 1. Text The Offeror's written Cost and Business Proposal, Section III only, and Technical Proposal shall be prepared on standard 8.5 x 11-inch pages in portrait orientation. The proposal pages shall be numbered and printed double sided. Each page must have a 1-inch margin at the top, the bottom, and on each side. Page numbers, notations of proprietary information, and any other identifying information printed on each page are excluded from the margin requirement. Print must be spaced at 6 lines per inch. Text font must be no smaller than 12 point; however, text included on figures, charts, and/or matrices may be reduced to 8 point. Should the Offerors require fold-out pages, one fold-out page shall not exceed either 8.5 inches by 22 inches or 17 inches by 11 inches which when folded in half will be no larger than 8.5 inches x 11 inches. The fold-out will count as two pages. The above restrictions do not apply to the Cost/Business Proposal. 2. Page Limits The maximum number of pages that may be submitted for the Technical and Cost and Business Proposals are as follows: Volume I - Cost and Business Proposal - No Limit Volumes II Technical Proposal (See Instructions for Technical Proposal in L.6.B below for specific limitations and format restrictions). 3. Binding The volumes must be loose leaf and in binders which can be easily opened and closed. Do not put any labels or markings on the spine of the binders. 4. Cover The cover, which shall not count against the page limitation of the proposal of each volume, shall indicate the following:

a. Title of proposal b. Volume number and title c. RFP CLIN number d. Name and address of the Offeror e. Copy Number

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5. Title Page The title page, which shall not count against the page limitation of the proposal of each volume, shall include the following:

a. Title of proposal b. Volume number and title c. RFP CLIN number d. Name, address, and telephone number of the Offeror e. Authorized signatures (The title page for each volume shall be signed by an official authorized to bind the Offeror)

L.4 CONFLICT OF INTEREST DISCLOSURE REQUIREMENT The Offeror shall provide a Conflict of Interest (COI) certification with each proposal submitted in response to the requirements of the solicitation. The Offeror shall search its records accumulated over the 3 previous years for any potential or actual conflict of interest situations, as defined below, and shall obtain the same information from proposed subcontractors, affiliates, consultants or key personnel. Key personnel shall include any person owning more than 20 percent interest in the Offeror, the Offeror’s corporate officers, its senior managers, or any employee who is responsible for making a decision or taking an action on this contract where the decision or action may have an economic or other impact that benefits his or her own interests and/or has an negative impact, actual or potential, on the interests of the Government or the public. The Offeror shall notify, in writing, the CO of any changes in its original certification (in this case the certification provided at the time of proposal submission), and/or of any new potential or actual conflict of interest that may arise at any time during task order performance. For the purposes of this solicitation and resulting task orders, a COI includes all past, present, or future organizational, financial, contractual or other interests(s), actual or potential with any organization or individual whose interests may be substantially affected by the requirements cited for the FLS services to be rendered. The COI certification must include a statement which describes in a concise manner any identified COIs as defined above. Where a COI has been identified, the Offeror shall describe in detail why it believes that contract performance can be accomplished in an impartial and objective manner. In the absence of any relevant COI as defined above, the Contractor must certify to the best of its knowledge and belief that after searching its records for the previous 3 years, no actual or potential COI exists. In addition, the Offeror must certify that its personnel who may perform work under this contract and/or resulting task orders have been informed of their obligations to report any personal conflict of interests, potential or actual, to the Offeror. The certification shall also include a statement that the Offeror recognizes its continuing obligation to identify and report any and all actual or potential COIs arising during, from, or relating to the performance of this contract. The Offeror must obtain the same information from any of its potential subcontractors prior to award of a subcontract.

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The CO will review the certification submitted and may require additional relevant information from the Offeror (See FAR, Part 3 and Subpart 9.5). All such information, and any other relevant information known to the Government, will be used to determine (1) if the COI indeed exists; (2) if an award to the Offeror may cause harm to the Government or to the public interest, and/or (3) determine if the COI can be avoided, resolved or mitigated. If any such COI is found to exist, the Contracting Officer may:

(1) Disqualify the Offeror, or

(2) Seek waiver in accordance with FAR Subpart 9.5 to award a contract notwithstanding the COI if the Contracting Officer determines that award is in the best interest of the Government.

Refusal by the Offeror to provide the certification or any additional information required may result in ineligibility for an award herein; or if the refusal is after award for future task orders, such refusal may serve as a basis for termination of the contract and/or task order. If nondisclosure and/or misrepresentation is discovered after award, the CO may terminate for default or for the convenience of the Government (CO’s discretion) the contract and/or task order.

L.5 INSTRUCTIONS FOR COST AND BUSINESS PROPOSAL L.5.A INTRODUCTION Cost and Business Proposal(s) shall be submitted separately for each CLIN by completing the Section J.6 schedules 1-10 for each contract year. As previously stated in Paragraph L.2.C., the Government intends to award without discussions as provided in FAR 52.215-1(f)(4). A proposal that is incomplete or fails to include the required checklist and schedules along with supporting documentation may be considered non-responsive and eliminated from further consideration for award. During its evaluation, the Government may request clarifications; i.e., the correction of minor omissions or errors that do not alter the offer. Offerors should resolve questions or issues about specifications as well as terms and conditions of the solicitation before the due date of proposals. An Offeror that takes exception to any term or condition of the solicitation in its proposal may be considered non-responsive and eliminated from consideration. It is the Offeror’s responsibility to ensure that its Cost and Business Proposal is sufficiently complete and comprehensive so that the Government can:

• Evaluate “cost realism” as defined in FAR 15.404-1(d); • Calculate probable cost in accordance with FAR 15.404-1(d) for use in best value

determination; • Provide the Government with cost, fixed fee, award fee, and profit information that will

facilitate task order issuance;

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• Evaluate the Offeror’s Professional Compensation Plan in accordance with FAR 52.222-46;

• Evaluate Uncompensated Overtime in accordance with FAR 52.237-10; and • Ensure that the Offeror has the ability to monitor and control costs during performance.

Offerors whose Cost and Business Proposals are insufficiently detailed to enable thorough evaluation may be determined to be non-responsive. All information relating to cost or pricing must be included in Volume I of the proposal; under no circumstances shall cost or pricing data be included elsewhere in the offer. The Offeror is advised that failure to provide the required schedules and supporting documentation may result in the rejection of its offer. To facilitate Cost and Business Proposal preparation, the Checklist found in Attachment J.5 is provided for use by the Prime Offeror and each subcontractor. The Checklist must be completed and submitted as part of the proposal. For evaluation purposes, Offerors are required to propose estimated costs using the hours provided below for CLINs 0100 and 0200 for all 4.5 years of the period of performance (see all 4.5 years of LOE below for CLIN 0100 and 0200). Hours shall be apportioned between the Prime and its subcontractors in a manner consistent with the Offeror’s technical proposal. The Administrative Staff hours must be estimated by each Offeror and subcontractor because different accounting practices will impact the hours required. CLIN 0100 (Contract Year (CY) #1):

Labor Category Annual Hours Program Manager 300 Senior Staff/Task Area leads 1200 Mid-Level Staff 1200 Staff 620 SME (Specialists) 275 Total 3,595 Administrative Staff Estimated by Offeror/

Subcontractor

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CLIN 0100 (CY #2):


Subcontractor CLIN 0100 (CY #3):




Subcontractor

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CLIN 0100 (CY #4.5 - 6 Months):

Labor Category 6 Months Hours Program Manager 150 Senior Staff/Task Area leads 600 Mid-Level Staff 300 Staff 310 SME (Specialists) 138 Total 1,798 Administrative Staff Estimated by Offeror/

Subcontractor

CLIN 0200 (CY #1):




Subcontractor

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CLIN 0200 (CY #3):




Subcontractor CLIN 0200 (CY #4.5 – 6 Months):

Labor Category 6 Months Hours Program Manager 125 Senior Staff/Task Area leads 450 Mid-Level Staff 568 Staff 600 SME (Specialists) 100 Total 1,843 Administrative Staff Estimated by Offeror/

Subcontractor The total number of technical and program management labor for all 4.5 years for CLIN 0100 is 16,178 total hours and represents the total estimated period of performance for this requirement.

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The total number of technical and program management labor for all 4.5 years for CLIN 0200 is 16,583 total hours and represents the total estimated period of performance for this requirement. RFP-stipulated amounts for travel and equipment are provided in Section L.5.D below. The Offeror must develop fixed fee and profit in Attachment J.6, Schedule 5, that shows the percentages used. Those percentages will be incorporated into resultant contract at Paragraph H.7 - MAXIMUM FEE/PROFIT and will be used to calculate the maximum fixed fee, and profit at the task order level. The Offeror shall submit a signed Proposal Cover Sheet (Schedule 1) and information other than cost and pricing data as set forth below. Cost summary data shall be placed on the Attachment J.1, Cost Proposal Cover Sheet, representing all 4.5 years of work for each CLIN. Attachment J.6, Schedules 2 through 10, shall thoroughly support each annual summary of cost data for Years 1 - 4.5 for each CLIN being proposed. Any proposal whose overall fixed fee exceeds the 10 percent statutory limit will be eliminated from consideration. There is no statutory limit on the percent of profit. L.5.B COST AND BUSINESS PROPOSAL FORMAT (VOLUME I) In addition to the requirements set forth in Section L.3, the Cost and Business Proposal Volume I shall be submitted in three sections for each CLIN as follows: Section I - Solicitation Documents Section II - Cost or Pricing Data Section III - Business Proposal L.5.C SECTION I - SOLICITATION DOCUMENTS In this section, Offerors shall submit a completed and signed SF 33 (Page 1 of the solicitation), including acknowledgment of any amendments, and Representation, Certifications, and Other Statements of Offerors (Section K of the solicitation) for each CLIN proposal. L.5.D SECTION II - INFORMATION OTHER THAN COST AND PRICING DATA The Offeror shall submit a signed Proposal Cover Sheet (Schedule 1) and information other than cost and pricing data as set forth below. Summary data shall be placed on the Attachment J.1, Cost Proposal Cover Sheet, and Attachment J.6, Schedules 2 through 10, should thoroughly support such each annual summary of cost data for Years 1 - 4.5 for CLINS 0100 and 0200, separated for CPFF and/or FFP as indicated in Section J.6, Schedules 1-6. As discussed in Paragraph L.2.D, Offerors should ensure consistency between the Technical and the Cost and Business Proposals. In addition, Section J.6, Schedules 1-10, must be complete and accurate thoroughly supporting each annual summary of cost data for Years 1 - 4.5 for each CLIN being proposed.

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Direct Labor On Attachment J.6, Schedule 6, Offerors shall provide the proposed unloaded hourly labor rates for the labor categories defined in Attachment J.4, Labor Category Qualifications for each Year: Show calculations used to compute the proposed direct labor rates: Provide the basis and rationale for the labor rates proposed; for example, company-wide bidding rates, current salary data for named individuals, survey data, or anticipated new-hires, etc.: Show how company categories are mapped to the solicitation categories: and Explain its approach and show how the educational and experience requirements in the solicitation relate to its company categories. If a Work Area Expert is used in more than one Work Area, their resumes shall be provided in accordance with Section L.6.C., Part B, Task Staffing/Management Approach. For each resume, provide the name, labor category, current labor rate, and the labor rate escalated to the cost proposal performance period in Attachment J.6, Schedule 7. If any individual’s labor rate is 5 percent more or less than the proposed labor rate for that category, show calculations and provide a narrative addressing cost-realism for the proposed labor cost. Current labor and salary data should be escalated to the performance period. Offerors should use 1.9 percent per year to escalate its current data. If an alternative escalation factor is used, provide documentation and rationale. In either event, show all calculations. Uncompensated Overtime See Section G.13, Cost Accounting Systems. All Offerors should state clearly whether or not uncompensated overtime is included in the proposal. If uncompensated overtime is used in this proposal, the Offeror must have an accounting system to record all hours worked. Show how it is incorporated into the proposal and its cost impact. Provide an explanation of your cost accounting treatment of uncompensated overtime and a copy of your policy. Offerors cannot propose uncompensated overtime at the task order level if uncompensated overtime is not proposed for the Master contract. If uncompensated overtime is proposed at the task order level, Offerors will be required to provide uncompensated overtime hours during performance. Uncompensated overtime will be evaluated in accordance with FAR 52.237-10 (MAR 2015). Compensation for Professional Employees FAR 52.222-46 - EVALUATION OF COMPENSATION FOR PROFESSIONAL EMPLOYEES (FEB 1993) is incorporated. Offerors must provide the information on compensation and fringe benefits required by the clause for evaluation by the Government.

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Administrative Labor The Administrative Staff hours are separate from the total LOE for each CLIN. Administrative hours must be estimated for each CLIN by each Offeror and subcontractor because different accounting practices will impact the hours required. The types of labor activities and the rationale for the estimate must be included. Administrative labor rates that are not described and priced out will not be billable during performance without prior CO approval. The following labor functions are not included in the Government’s LOE, and the Offeror should ensure that estimates for these activities are included in its proposal if direct recovery is anticipated: contract administration, subcontract administration, clerical and secretarial activity, work status reporting, financial reporting, and project reporting. See Attachment J.6, Schedules 4 and 8, for citing administrative labor cost and hours. The Offeror’s proposed administrative hours are over and above the total LOE for CLIN 0100 of 16,178 and CLIN 0200 of 16,583 hours respectively. Labor Escalation Offerors must escalate current payroll data to the performance mid-point and show all calculations. The default escalation factor is 1.9 percent per year. An Offeror who elects to use any other factor must provide the rationale for the factor. Bid and Proposal Costs Bid and proposal costs for task order proposal preparation will not be reimbursed as direct costs. (See Section G.13 - Cost Accounting Systems). Other Direct Costs (ODC) for each CLIN There are two types of ODCs: (1) RFP-stipulated ODCs - those costs common to all Offerors which result from Government direction (travel and documentation) and which may not now be estimated, and (2) Offeror-estimated ODCs - those costs which vary from Offeror to Offeror and result from different accounting practices. The Offeror shall use the ODCs below for each Year and CLIN as required on Attachment J.6, Schedule 3. RFP-stipulated One Year ODCs CLIN 0100: The Offeror should include the amounts shown in the following table. CLIN 0100 Travel Documentation* Other Total Cost-Plus-Fixed-Fee $16,700 $3,300 N/A $20,000 Firm-Fixed-Price $16,700 $3,300 N/A $20,000

*Documentation means estimated mailing and printing costs.

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RFP-stipulated CY #2 ODCs CLIN 0100: The Offeror should include the amounts shown in the following table. CLIN 0100 Travel Documentation* Other Total Cost-Plus-Fixed-Fee $16,984 $3,,356 N/A $20,340 Firm-Fixed-Price $16,984 $3,356 N/A $20,340

*Documentation means estimated mailing and printing costs. RFP-stipulated CY #3 ODCs CLIN 0100: The Offeror should include the amounts shown in the following table. CLIN 0100 Travel Documentation* Other Total Cost-Plus-Fixed-Fee $17,243 $3,413 N/A $20,686 Firm-Fixed-Price $17,243 $3,413 N/A $20,686


*Documentation means estimated mailing and printing costs. RFP-stipulated CY 4.5 (6 Months) ODCs CLIN 0100: The Offeror should include the amounts shown in the following table. CLIN 0100 Travel Documentation* Other Total Cost-Plus-Fixed-Fee $8,932 $1765 N/A $10,698 Firm-Fixed-Price $8,932 $1765 N/A $10,698


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RFP-stipulated CY #1 ODCs CLIN 0200: The Offeror should include the amounts shown in the following table. CLIN 0200 Travel Documentation* Other Total Cost-Plus-Fixed-Fee $16,700 $3,300 N/A $20,000 Firm-Fixed-Price $16,700 $3,300 N/A $20,000

*Documentation means estimated mailing and printing costs. RFP-stipulated CY #2 ODCs CLIN 0200: The Offeror should include the amounts shown in the following table. CLIN 0200 Travel Documentation* Other Total Cost-Plus-Fixed-Fee $16,984 $3,,356 N/A $20,340 Firm-Fixed-Price $16,984 $3,356 N/A $20,340




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RFP-stipulated CY #4.5 (6 Months) ODCs CLIN 0200: The Offeror should include the amounts shown in the following table. CLIN 0200 Travel Documentation* Other Total Cost-Plus-Fixed-Fee $8,932 $1,765 N/A $10,698 Firm-Fixed-Price $8,932 $1,765 N/A $10,698

*Documentation means estimated mailing and printing costs. Offeror-estimated 4.5Years ODCs: The Offeror should identify and estimate amounts for any additional ODCs for either CLIN for each Year which are anticipated to support the proposed effort. ODCs not identified and priced in the Offeror’s proposal will not be billable during performance without prior CO approval. (See Section G.13 - COST ACCOUNTING SYSTEMS). Indirect Rates For pricing proposal purposes herein, only the contractor-site overhead rate shall be used by the prime and subcontractors. However, at the task order level work conducted at a Government-site facility will require a lower overhead rate. Offerors are required to provide a schedule of their indirect rates and explain the allocation bases on Schedule 9. Include all rates that the Offeror maintains in its accounting records that may be used during performance of this contract. Disregard those rates that the Offeror does not maintain and use continuation sheets for additional rates whenever necessary. Offerors are required to identify indirect rates that a Government audit agency has approved for forward pricing. If no indirect rates were approved, the Offeror must state the basis of the proposed rate (e.g., previous year’s actuals, current fiscal year-to-date, business plan, etc.). The Offeror shall provide historical rate information, rationale, and other factors used to develop the proposed indirect rates used to cost the proposal. Also, the Offeror shall provide actual expense pool amounts, allocation bases, and rates which have been submitted to the Defense Contract Audit Agency (DCAA) (or other cognizant Government audit agency) in its overhead rate proposal for establishing final indirect rates. Cost ceilings may be required under this contract for the Prime or one or more subcontractors. Offerors should review the situations described in FAR 42.707(b)(1) to determine whether or not ceilings should be utilized and, when appropriate, propose ceilings. Subcontracts The Government anticipates that subcontracts will be predominantly FFP, except for consultants, which will be either Time-and-Material (T&M) or Labor Hour. If CPFF subcontractors are submitted, the Offeror must complete Attachment J.6, Schedule 2 (NOT Schedules 3 and 4). FFP and consultant-type Labor Hour subcontractors should complete Attachment J.6, Schedule 2 (modify as necessary). All subcontractors must follow the same proposal instructions as the

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Prime, except where noted. Regardless of dollar value, subcontractor proposals must be adequately detailed to show cost buildup to enable a thorough evaluation of proposed costs. Information as to the type of subcontract contemplated and documentation to show why the subcontract type is anticipated must be included. The guidance in FAR Part 16 should be followed. For example, those Offerors contemplating T&M or Labor Hour subcontracts shall follow the procedures specified in FAR Subpart 16.6. The following information shall also be provided for T&M or Labor Hour agreements (such as those with consultants): (1) details of what cost elements are included in the rate and what costs, if any, will be charged in addition to the rate; (2) the result of the Offeror’s analysis of invoices submitted to other clients by the subcontractor or consultant which support the proposed rate or rates; (3) a signed statement from the consultant or the subcontractor that the proposed rate is a “Most Favored Customer Rate" or the reason it was not offered; and (4) a rate comparison from the Offeror which indicates that the rate proposed is comparable to the rates other consultants or subcontractors receive for performing similar types of work. The Offeror shall provide the names of the other consultants or subcontractors used in the comparison. FAR 52.215-22 and 52.215-23 on subcontracted effort and pass-through charges are incorporated. The Offeror must provide the information required by the provision and clause. It is the responsibility of the Prime contractor to review and evaluate the subcontractor proposals and accompanying cost or pricing data and furnish the results of such review to the Government as part of the cost submission regardless of whether the details are provided to the Prime Offeror or separately to the Government. The Prime’s review should be as detailed as the information provided by the subcontractor directly to the Prime permits. Cost of Money Include supporting calculations. Fixed Fee and Profit The individual cost elements percentages used in task order proposal preparation during performance may be less than but may not exceed the percentages shown in Attachment J.6, Schedule 5. Those percentages must be used to develop fixed fee and profit amounts in Attachment J.6, Schedules 2, 3, and 4 (See Paragraph H.7 - Maximum Fee/Profit). The Government considers fee and profit a function of risk and may utilize the weighted guidelines method in TAM 1215.404-4, Appendix A, DOT Structured Approach for Profit and Fee Objective, to evaluate them for reasonableness. http://www.dot.gov/ost/m60/earl/tamcomplete.htm#appen15a The Offeror’s Cost and Business Proposal should contain adequate data and rationale for any consideration it wants included for Contract Risk and Special Factors.

http://www.dot.gov/ost/m60/earl/tamcomplete.htm#appen15a

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Accounting System The Government does not anticipate requesting accounting system reviews before contract award, but reserves the right to do so. Awardees under this contract will be ineligible to receive cost-type task orders unless their accounting system has been determined to be acceptable for receipt of cost reimbursement contracts by the cognizant audit agency, usually the DCAA. Further, the Volpe Center cannot approve a cost-type subcontract to a proposed subcontractor which does not have an acceptable accounting system. As the Government intends to make award without discussions, an Offeror must know the approval status of its own and its subcontractors’ accounting systems; and the Offeror must indicate how it will accommodate the inclusion of a subcontractor that does not have an acceptable accounting system. On Attachment J.6, Schedule 1, Offeror must indicate whether its accounting system and its subcontractor’s accounting system has been audited and determined acceptable, audited and determined not acceptable, or never audited. The Offeror must identify the Government agency that audited the accounting system and provide evidence if determined acceptable. If the Offeror's accounting system has been audited and not accepted, the Offeror must provide details such as date of audit, deficiencies identified, corrective steps taken since disapproval, and reasons why approval of the accounting system is now assured. An Offeror who fails to provide this information may be eliminated from consideration. The Government intends to award FFP- and CPFF- (term and completion) type task orders. Consequently, the Prime Contractor must be willing to submit to, cooperate, and achieve an accounting system that is adequate for CPFF task orders as determined or recommended by the DCAA or Defense Contract Management Agency (DCMA) for segregating costs that supports a cost-type task order/contract (see FAR Part 31). If the Offeror's accounting system has never been audited, the Offeror must explain its understanding of the characteristics of an acceptable accounting system for Government cost-type contracts, describe the accounting system employed, identify the software package used, and indicate any other steps the Offeror has taken to ensure that Government approval will occur. An Offeror who fails to provide this information may be eliminated from consideration (see FAR Part 31). L.5.E SECTION III - BUSINESS PROPOSAL Contract Cost Control Plan The Offeror shall describe the system and method used to track and control costs at the task order level, including cost incurred by subcontractors. The Offeror shall explain how potential cost overruns would be identified. The Offeror shall discuss accountability within its organization for tracking and controlling costs.

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Subcontract Consent All Offerors must comply with the consent requirements of FAR 52.244-2 ALT 1. The Government will review proposals to ensure that applicable parts of FAR 44.202-2 have been properly addressed by the Offeror. Since the Government intends to award without discussions, the initial submission must be fully documented. Any failure by an Offeror to fully document that it has met all FAR requirements for the analysis and review of a proposed subcontract such that the CO cannot give consent to a subcontract at the time of award will adversely affect that Offeror’s chances for award of a contract under this solicitation. Offerors are reminded that the successful Offeror, not the Government, will have a contract with any proposed subcontractor(s). The Offeror has the duty to document the reasonableness of the cost/price and to justify the placement of the subcontract even when information from a subcontractor is proprietary and must be submitted directly to the Government. It is the Prime Contractor’s duty to ensure that submissions to be made directly to the Government by a proposed subcontractor are, in fact, made. It is also primarily the Offeror’s duty and not the Government’s to ensure that the proposed fee under each subcontract is reasonable and does not exceed statutory limits. Other issues such as unacceptable accounting systems and indirect rates that are significantly lower or higher than rates approved for past years must be resolved by the Offeror prior to the submission date for proposals. If ceilings on the indirect rates of a subcontractor are required, the Offeror must deal with this issue prior to the proposal submission date. The Offeror will have to use its best judgment in allocating labor hours between the Prime Contractor and its various subcontractors for evaluation purposes. The percentage of involvement of each firm should be based on the Offeror’s judgment as to how much each firm will be needed in order to cover the requirements of the SOW and in order to meet the Subcontracting Plan goals, if applicable. This allocation of hours will be evaluated under both the Technical and Cost and Business Proposals. Since it is uncertain how much business each Prime contractor will receive under this contract, the amount of business that will be received under each subcontract for professional labor is even more uncertain. One proposed subcontractor may receive little or no work, and another may receive business far in excess of the hours evaluated under this solicitation. Therefore, most subcontracts for professional labor should be placed on an IDIQ basis. The completeness and detail of the information required to be submitted by the Offeror in support of its review and evaluation of the subcontractor costs proposed for evaluation purposes under this solicitation may meet many of the requirements for subcontract consent. Information required for subcontract consent must be submitted as part of the Cost and Business Proposal. However, the Offeror may refer to information in its Cost and Business Proposal, if necessary, and need not repeat any review or analysis.

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L.6 INSTRUCTIONS FOR TECHNICAL PROPOSAL (VOLUME II) INTRODUCTION Each CLIN must be proposed in a separate stand-alone technical volume. L.6.A CONTENT The Offeror’s Technical Proposal should be comprehensive and explicit. Elaboration of general corporate or company experience in non-related activities will detract from the quality of the proposal. All qualifications, experience, and capabilities should relate to the services required by the SOW. Legibility, conciseness, completeness, clarity of content, coherence, and brevity are important since they will facilitate the Government's evaluation and will also assure maximum credit being assigned to the various aspects of the proposal. The Technical Proposal(s) should address each criterion and each sub-criterion sequentially on a criterion-by-criterion basis. The Technical Proposal(s) should address each criterion in an explicit and comprehensive manner for each CLIN. All related capabilities and skills should be oriented specifically to task requirements of each CLIN. L.6.B FORMAT The Offeror’s written proposal(s) shall be prepared with the format given below. Each section shall address all the criterion and sub-criterion described in VOLUME II PARTS OF THE TECHNICAL PROPOSAL. Failure to furnish full and complete information requested will cause an Offeror to receive a low rating or to be determined unacceptable. (NOTE: If an Offeror submits a proposal for only one CLIN, the Offeror must specifically state that it is not submitting a proposal on the other CLIN. Such statement may be on one sheet of paper in the separate section for the CLIN for which the Offeror does not submit a proposal). Please see above L.3.D.2 for text (e.g., page size, spacing, margins, and font size) requirements. L.6.C PAGE LIMITS The maximum number of pages that may be submitted for each criterion is as follows: Technical Understanding: The Technical Understanding shall not exceed 10 pages. Submissions are subject to the same font size and margins as noted in Section L.3.D – Proposal Format. Any double-sided pages submitted will count as 2 pages. Management Approach: The Management Approach shall not exceed three pages. Submissions are subject to the same font size and margins as noted in Section L.3.D – Proposal Format. Any double-sided pages submitted will count as two pages. Task Staffing: The Task Staffing shall not exceed four pages plus a fold out one-sided staff matrix. Resumes submitted may not exceed three pages per resume with a limit not to exceed six resumes. Resumes do not count towards the four-page limit. Submissions are subject to the same

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font size and margins as noted in Section L.3.D – Proposal Format. Any double-sided pages submitted will count as two pages. Past Performance: The Past Performance shall not exceed 10 pages. Any double-sided pages submitted will count as two pages. These separate submissions are subject to the same font size and margins as noted in Section L.3.D – Proposal Format. Any double-sided pages submitted will count as two pages. VOLUME II PARTS OF THE TECHNICAL PROPOSAL If an Offeror proposes on both CLIN 0100 and CLIN 0200, the Offeror will submit separate proposals for each CLIN. Each CLIN proposal will be evaluated separately on its own merit. PART A - TECHNICAL UNDERSTANDING The Offeror shall describe its understanding of each of the SOW functional tasks and address specific critical challenges and risks inherent in the task or task areas of the RFP and demonstrate how the Offeror will mitigate each challenge and risk. The Offeror shall submit a narrative describing its knowledge of, expertise in, and technical approach to accomplish the functions of each task area in Section C/SOW of the RFP, including: CLIN 0100 task functional areas (if bidding on CLIN 0100):

• Program Management and Policy Guidance support • Fire Protection Codes and Standards Consultation; • Fire Testing Research and Development; • QA/QC Inspections, Condition Assessments, and Evaluations; • Risk Assessments/Fire Hazard Analysis Program Implementation; • Training Program Development and Implementation; • Emergency Preparedness Planning; • Special Projects/Fire Protection Engineer (FPE) Ad Hoc Support; • Fire Protection Systems Design/Engineering Support;

CLIN 0200 task functional areas (if bidding on CLIN 0200):

• Facility Codes/Standards Compliance Inspections and Evaluations • Facility Fire Protection Systems Design/Engineering Support • Facility Fire Protection Testing and QA Inspections • Facility Code Evaluations/Equivalency Determinations and Engineering Judgements • Facility Field Construction Engineering Support • Faculty FPE Ad Hoc Consulting Support

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PART B – MANAGEMENT APPROACH (VOLUME II) The Offeror shall provide a narrative describing their management approach to satisfying the requirements of the SOW. The Offeror shall provide a narrative addressing the management requirements of the SOW including communication (both internal and with the Volpe Center), management of costs, schedule, and scope, including discussion on Offeror’s abilities to maintain cost and schedule commitments to the assigned projects.

The Offeror shall provide an organizational chart and a matrix that maps functions identified in the SOW to specific management and technical support staff assignments. Organizational Chart: The Offeror will provide an organizational structure chart (including subcontractors) that identifies responsibility and lines of communication proposed for the work under this contract. Organization Matrix: The Offeror will provide a matrix of technical staff that map the task functions identified in the SOW to specific technical staff, including the person’s name, title, and company affiliation. If the Offeror proposes on both CLIN 0100 and CLIN 0200, each CLIN proposal shall provide a detailed description of its approach for the overall management of all the requirements of both CLIN 0100 and CLIN 0200. PART C –TASK STAFFING The Offeror shall provide a description of the qualifications of professional personnel proposed in terms of technical expertise, professional experience, education, and qualifications relevant to the task area requirements of the SOW. The Offeror will describe its proposed staffing for meeting the sub-factors below.

1. The Offeror shall provide plans for staffing that demonstrates the capability to provide a responsive and professional team that can address the requirements of the SOW. The Offeror shall address the capability of staffing to conduct multiple assignments (3-4) concurrently with appropriate skills and experience to meet the requirements of the SOW.

2. The Offeror shall describe the appropriateness of the proposed staff skill mix and team

composition. Offeror shall describe the how the work professional experience and training of the overall staff is appropriate and capable of successfully meeting the requirements of the SOW.

3. The Offeror shall describe the expertise level of Proposed Key Task Personnel in terms of

their ability to provide management leadership and technical expertise to support functional areas described in the SOW. Offeror shall identify a minimum of one key

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personnel responsible for Program Management and one key personnel as Lead Licensed Fire Protection Engineer.

Proposed Key Personnel The Offeror shall provide resumes to demonstrate the qualifications of the key personnel proposed for this contract in terms of experience, education, certifications, and training relevant to the requirements of the SOW and those identified in Attachment J.4, Labor Category Qualifications. The Contractor shall submit resumes for the positions identified as Key Personnel below. Key Personnel:

• Program Manager • Senior Project Engineer/Registered Professional Engineer • Staff Engineer (Fire Protection)

Resumes for the proposed Key Personnel must be representative of and consistent with the Offeror’s proposed labor cost presented in the Cost and Business Proposal. Resumes shall show demonstrated experience in areas similar to the requirements of the SOW. Resumes must also be verifiable. Relevant dates and names and addresses of educational institutions and employers must be provided for all experience, education, and specialized training claimed. PART D - PAST PERFORMANCE (VOLUME II) Offerors shall submit a narrative for not more than five past projects (Federal and non-Federal) completed in the last 3 years that are relevant to the requirements of the SOW herein. The narrative shall describe the work performed by the Offeror, the risks involved in the work and how the risks were mitigated. The narrative shall include the name of the customer (if Federal work, cite specific agency and place where work was conducted), customer point of contact name and phone number, customer address, dates work was performed, type of contract, and contract value. These projects shall demonstrate the Offeror’s capabilities to meet the range of tasks of the SOW. Offerors shall submit their past performance information for both the Offeror and each major (over 20 percent of the hours in the Cost and Business Proposal) proposed subcontractor(s). Offerors shall submit this past performance narrative under Part D of Volume II, clearly marked and identifiable. Offeror will also cite in Volume II their DUNS number associated with the 5 projects from their past performance narrative. In addition to the narrative requested above for those five past projects, the Offeror shall provide a list of contracts (Federal and non-Federal) relevant to this requirement that it is currently performing or has completed within the past 3 years. The Offeror must make a good faith effort to ensure that the list includes all Prime contracts with a value over $250,000 with the Federal Government. If the Offeror can demonstrate that an undue burden would be created by providing these Federal Government contracts over $250,000, Offeror reduce the list to reflect those contracts that are most relevant and for which data is readily available. This list of

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contracts will include those applicable contracts reflecting the involvement of the Offeror’s proposed Key Personnel. Offeror shall provide the following information for each relevant contract: 1. Name and address of customer 2. Contract number 3. Contract type 4. Total contract value 5. Brief description of contract work 6. Offeror’s DUNS number 7. CO’s address, telephone number and e-mail address 8. COR’s address, telephone number and e-mail address 9. Administrative CO’s address, telephone number and e-mail address (if different from item 7) 10. List of major subcontractors 11. Assessment of relevance to requirements identified in this solicitation.

The Government reserves the right to obtain additional information from any of the referenced Federal and non-Federal contract or contracts and from other Government sources, including CPARS and PPIRS, and non-Government sources. If the Government receives negative past performance information (indicating that performance was less than satisfactory) that is not accompanied by a response from the Offeror, a copy of the adverse information will be provided to the Offeror which will be given a limited period in which to provide a response. If no response is received within the specified timeframe, the negative past performance information will be evaluated as submitted. Offerors must send a Client Authorization Letter (Attachment J.7) and a Past Performance Questionnaire (Attachment J.8) to all non-Federal Government references described in the narrative of the five past performance projects. Client Authorization Letters must be mailed (or sent electronically by email) to individual references in sufficient time to allow completed past performance evaluations to be received by the Volpe Center by the due date of the Offeror’s Technical Proposal. Offerors shall also include a copy of all completed Client Authorization Letters or e-mails as part of your Past Performance submission. If the Offeror has no relevant Federal and non-Federal past performance history, it must affirmatively so state. In the case of a relatively new firm (i.e., established within the last 18 months), the Offeror may submit past performance information for contracts on which its corporate management has performed to supplement any past performance information for the firm itself; this shall be specifically noted in the proposal submission. Attachment J.7 Client Authorization Letter (NOTE TO OFFERORS): To assist the Government’s assessment of past performance for relevant non-Federal contracts, the following letter must be sent to the Offeror’s points of contact (POCs) for those non-Federal Government efforts that you identify to the Government as your relevant past performance. Should the Offeror propose to use major subcontractors, teaming contractors, and/or joint venture partners,

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the Offeror must obtain a similar client authorization letter from each entity. HOWEVER, it is the Offeror’s sole responsibility to then send out these authorization letters with the Past Performance Questionnaire to its own POCs and to its teaming contractors or joint venture partners and include a copy in its past performance volume. Completed Past Performance Questionnaires submitted by Offerors will not be accepted for evaluation

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SECTION M - EVALUATION FACTORS FOR AWARD

M.1 BASIS FOR AWARD The Government intends to award either one or two contracts resulting from this solicitation, either by awarding CLINs 0100 and 0200 to a single contractor or by awarding CLIN 0100 to one contractor and CLIN 0200 to another based on a best value determination for each CLIN. Each award will be a single IDIQ contract task orders will not be competed. Award(s) will be made to the responsive and responsible Offeror(s) whose proposal(s) provides the “Best Value,” utilizing the tradeoff process in accordance with FAR 15.101 and based on the Technical Proposal, the Cost and Business Proposal, and considering the evaluation factors identified below. To be eligible for award, the Offeror is required to meet all solicitation requirements and to provide all information required by Section L of this RFP. It is important that the Offeror direct its proposal to the specific evaluation factors below and cover each appropriately in response to the RFP requirement. Award will not be made to any Offeror who receives an “Unacceptable” rating in any factor identified in Section M.3., Technical Evaluation Factors. The burden of providing thorough and complete information rests with the Offeror. The Government intends to make award(s) based upon initial offers without entering into discussions or negotiations. The Offeror’s proposal(s) should be fully responsive and presented on its most favorable basis initially since there may be no opportunity to revise proposals at a later date. In accordance with FAR 16.505, this RFP identifies the factors, basis of award, and relative importance of quality and price or cost factors that provide each Offeror a fair opportunity to be considered for award. M.2 ORDER OF IMPORTANCE The technical evaluation factors, when combined, are significantly more important than cost in the selection of the Contractor(s) for award. Notwithstanding this fact, Offerors are cautioned not to minimize the importance of the Cost and Business Proposal. As the difference in ratings of submitted Technical Proposals decreases, the importance of evaluated cost will increase. When the Technical Proposals are evaluated as essentially equal, evaluated cost may become the determining factor in making an award.

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M.3 TECHNICAL PROPOSAL EVALUATION M.3.A General The evaluation factors are of equal importance. All sub-factors are of equal importance within each factor. The evaluation factors and sub-factors for this acquisition will ensure the selection of an Offeror who is responsible, technically capable of performing the work, and represent the best value to the Government. M.3.B Evaluation Factors If an Offeror proposes on both CLIN 0100 and CLIN 0200, each CLIN proposal will be evaluated separately on its own merit. Factor 1: Technical Understanding The Government will evaluate equally both sub-factors below:

1) Sub-factor 1: The Government will evaluate the Offeror’s demonstrated understanding of each of the SOW functional task areas and the extent to which the Offeror addresses specific critical challenges and risks inherent in the task or task areas of the RFP and how the Offeror proposes to mitigate each challenge and risk.

2) Sub-factor 2: The Government will evaluate Offeror’s demonstrated knowledge of,

expertise in, and technical approach to the requirements necessary to accomplish the functions of each task or task area in Section C (SOW).

Factor 2: Management Approach The Government will evaluate equally the following aspects of the Offeror’s proposal. If the Offeror proposes on both CLIN 0100 and CLIN 0200 and seeks to be considered for award of both CLINs, each CLIN proposal must provide a description in each sub-factor of its approach for the overall management of all the requirements of both CLIN 0100 and CLIN 0200. Each sub-factor will be equally weighed.

1) Sub-factor 1: The Government will evaluate the extent to which the proposed management approach meets of the requirements of the SOW including communication (both internal and with the Volpe Center), management of costs, schedule, and scope, including discussion on abilities to maintain cost and schedule commitments to the assigned projects.

2) Sub-factor 2: The Government will evaluate the extent to which the proposed

organizational chart and matrix maps to each functional area of the SOW tasks and the specific management and technical support staffing assignments.

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Factor 3: Task Staffing The Government will evaluate equally the following aspects of the Offeror’s staffing proposal. If the Offeror proposes on both CLIN 0100 and CLIN 0200 and seeks to be considered for award of both CLINs, each CLIN proposal must provide a description in each sub-factor of Offeror’s capability of its staff to successfully perform all the requirements of both CLIN 0100 and CLIN 0200. Each sub-factor will be equally weighed.

1) Sub-factor 1: The Government will evaluate how the Offeror’s proposed staffing clearly demonstrates the capability to provide a responsive and professional team that can address the requirements of the SOW. The Government shall evaluate Offeror’s capability to staff and conduct multiple assignments (3-4) concurrently with appropriate skills and professional work experience to meet the requirements of the SOW.

2) Sub-factor 2: The Government will evaluate the appropriateness of the proposed skill mix

and team composition of the Offeror’s staffing to meet the requirements of the SOW. 3) Sub-factor 3: The Government will evaluate the level of expertise of the Offeror’s

proposed key personnel in terms of their ability to provide management leadership and technical expertise to support functional areas described in the SOW.

Factor 4: Past Performance The Government will evaluate the Offeror’s past performance history based on the 2 sub-factors below:

1) Sub-factor 1: The Government will evaluate the relevance of 5 project narratives, either Federal and non-Federal, for their relevance to the requirements of the SOW.

2) Sub-factor 2: The Government will evaluate the quality of the Offeror’s overall past performance relative to this solicitation’s requirements.

M.4 ADJECTIVAL RATINGS AND DEFINITIONS The following adjectival ratings and definitions will be used to evaluate the Technical Understanding and Task Staffing/Management Approach and Past Performance factors. . M.4.A Adjectival Ratings for Technical Evaluation Factors and Overall Ranking Superior: Proposal meets all requirements, may exceed one or more requirements, and demonstrates an exceptional approach to and understanding of the requirements of the RFP. Proposal contains more than one strength and exceptional features that far outweigh any weaknesses. The risk of unacceptable performance to the Government is low. Acceptable: Proposal meets all requirements and indicates a satisfactory approach to and understanding of the requirements of the RFP. Strengths and weaknesses are offsetting or have little or no impact on contract performance. The risk of unacceptable performance to the Government is low to moderate.

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Marginal: The proposal does not meet all of the requirements and has not demonstrated a satisfactory approach to and understanding of the requirements of the RFP. The proposal has one or more significant weaknesses that are not offset by strengths. The risk of unacceptable performance to the Government is moderate to high. Unacceptable: Proposal does not meet the requirements of the RFP. The proposal contains significant weaknesses and one or more deficiencies. There is no reasonable expectation that acceptable performance would be achieved. The risk of unacceptable performance to the Government is high. Neutral: This rating is applicable to the Past Performance Factor evaluation only. No recent/relevant past performance record is available or the Offeror’s past performance record is so sparse that no other rating can be reasonably assigned. M.4.B Definitions for Proposal Characteristics Strength: A strength is an aspect of the proposal that meets or exceeds stated requirements and evaluation standards of the solicitation in a way that is beneficial to the Government for the purpose of this particular acquisition. Weakness: A weakness is a flaw in the proposal that increases the risk of unsuccessful task order performance. Significant Weakness: A significant weakness is a flaw in the proposal that appreciably increases the risk of unsuccessful task order performance. A combination of weaknesses in a single factor can equate to a significant weakness. Deficiency: A deficiency is a material failure of a proposal to meet a Government requirement or a combination of significant weaknesses in a proposal that increases the risk of unsuccessful task order performance to an unacceptable level. Using the definitions above, the Government will evaluate only the information provided by the Offeror in the Offeror’s Technical proposal. The Government will evaluate each factor by assigning an adjectival rating and ranking, taking into account strengths, weaknesses, significant weaknesses, and deficiencies that were noted during the evaluation. Ratings will only be assigned at the Factor level. The Government may verify the information provided by the Offeror in its Technical proposal. Consideration as to the degree the Offeror has demonstrated ability to perform in the manner proposed is part of the proposal analysis and the resulting adjectival rating. M.5 COST EVALUATION The Government will evaluate the Offeror’s Cost Proposal using two sub-elements: Total CLIN Evaluated Cost/Price and Cost Realism.

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The Government will use pertinent cost information including, but not limited to, existing rates, DCAA recommended rates for such costs as direct labor, overhead, G&A, etc., as necessary and appropriate in arriving at the Government’s determination of the most probable estimated cost to be incurred in the performance of each task order. The burden of proof for cost credibility rests with the Offeror. Therefore, any inconsistency, whether real or apparent, between the Technical proposal and cost should be explained in the supporting cost data volume. Offerors are cautioned that to the extent proposed costs appear unrealistic or unsupported by cost realism substantiating data and analysis, the Government may infer a lack of understanding of the requirements or lack of credibility on the part of the Offeror. A proposal that appears unrealistic may be rejected regardless of its Technical rating and/or evaluated cost. Therefore, each Offeror should ensure that its proposal provides a clear and complete discussion of the methodologies and cost realism substantiating data that demonstrate the cost realism of the Offeror’s proposed costs. Proposals should also include for Government review all underlying substantiating data that the Offeror used in demonstrating the cost realism of its proposed costs. If relying on subcontract support, Offerors are reminded that it is the Prime Offerors responsibility to review subcontractor proposals prior to submission.

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ATTACHMENT J.1 – MASTER CONTRACT COST PROPOSAL COVER SHEET PROPOSAL COVER SHEET 1. SOLICITATION NUMBER: 6913G618R2000017

2a. NAME OF OFFEROR: 3a. NAME OF OFFEROR’S POINT OF CONTACT AND E-MAIL:

2b. STREET ADDRESS: 3b. TITLE OF OFFEROR’S POINT OF CONTACT 3c. TELEPHONE 3d. FAX 2c. CITY 2d. STATE 2e. ZIP

CODE AREA CODE NUMBER AREA CODE NUMBER

4. TYPE OF CONTRACT OR SUBCONTRACT (Check) 5. PRIME OFFEROR

FFP FPI

CPFF CPIF OTHER

CPAF

SUBCONTRACTOR ____________________________________ PRIME OFFEROR’S NAME

6. ESTIMATED COST, FEE AND PROFIT INFORMATION A. ESTIMATED COST:

B. FIXED FEE: 7. PROVIDE THE FOLLOWING

NAME OF COGNIZANT CONTRACT ADMINISTRATIVE AGENCY:

NAME OF COGNIZANT GOVERNMENT AUDIT AGENCY:

STREET ADDRESS: STREET ADDRESS: CITY: STATE: ZIP: CITY: STATE: ZIP:

TELEPHONE AREA CODE

NUMBER TELEPHONE AREA CODE

NUMBER

FAX AREA CODE

NUMBER FAX AREA CODE

NUMBER

NAME OF CONTACT AND

NAME OF CONTACT AND E-

PROPERTY SYSTEM

Reviewed by cognizant contract administrative agency and determined acceptable

Reviewed by cognizant contract administrative agency and determined not acceptable

Never reviewed

APPROX. DATE OF LAST AUDIT

PURPOSE OF AUDIT

(e.g., proposal review, establishment of billing rates, finalize indirect rates, etc.)

PURCHASING SYSTEM

Reviewed by cognizant contract administrative agency and determined acceptable;

Reviewed by cognizant contract; administrative agency and determined not acceptable;

Never reviewed

ACCOUNTING SYSTEM

Audited and determined acceptable Audited and determined not acceptable Currently under review Never audited

OFFEROR’S FISCAL YEAR:

8a. NAME OF OFFEROR (Typed) 9. NAME OF FIRM

8b. TITLE OF OFFEROR (Typed)

10. SIGNATURE 11. DATE OF SUBMISSION

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ATTACHMENT J.2 – MASTER CONTRACT COST AND BUSINESS PROPOSAL

CHECKLIST

Prime Offeror /Subcontractor Name: ____________________________

Item Prime Offeror

Cost-type Subcontractor

FFP & T&M Subcontractor

Proposal Page Reference

Standard Form (SF) 33, completed and signed X X X Acknowledgement of Amendments to the solicitation, if applicable

X X X

Representations, Certifications, and Other Statements of Offerors

X X X

Signed Proposal Cover Sheet X X X

Schedule 1: Summary of Proposed Costs and Fixed Fee – Master

X X

Schedule 2: Summary of Proposed Costs and Fixed Fee by Cost Element – CPFF - Master Solicitation

X X

Schedule 3: Summary of Proposed Costs and Fixed Fee by Cost Element – FFP - Master Solicitation

X X

Schedule 4: Calculation of Direct Labor Cost – Master Solicitation

X X

Schedule 5: Proposed Indirect Rates and Allocation Bases – Master Solicitation

X X

Schedule 6: Establishment of Maximum Factors for the Master Solicitation

X

Schedule 7: Table of Subcontractors – Master Solicitation X

Schedule 8: Allocation of Labor Hours Between Offeror and Subcontractors – Master Solicitation

X

Schedule 9: Labor Cost Realism X X

Schedule 10: Resume Checklist X Results of review of subcontractor proposals and accompanying data

X

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Item Prime Offeror




Evidence of commerciality or detailed information showing cost buildup and profit, and “most favored customer” billing rates (FFP and T&M subcontracts )

X

Supporting documentation for proposed direct labor rates including salary information, escalating to the performance period, mapping to Offeror labor categories in accordance with education and experience requirements (Attachment J.3)

X X

Administrative staff labor hours including types of labor activities and rationale for the hours included

X X

Supporting documentation for escalation factor used (if escalation factor is higher or lower than 1.9%)

X X

Support for indirect rates proposed, including the basis of rates being used, historical rates, cost pool composition, and evidence of Government audit agency review/acceptance (if available).

X X

Cost of Money calculations, if proposed X X

Offeror-estimated ODCs (identify specific costs and provide rationale for estimates, which become contractual)

X X

Information on uncompensated overtime and additional information if proposed.

X X

Information on compensation and fringe benefits required by FAR 52.222-46, Evaluation of Compensation for Professional Employees

X

Data and rationale for any factors that should be considered for weighted guidelines approach to the evaluation of fixed fee.

X

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Item Prime Offeror




Information on accounting system and evidence that the accounting system has been reviewed by a Government audit agency (such as the DCAA or DCMA) and determined to be acceptable for determining costs under a cost reimbursement- type contract.

X X

Cost Control Plan X Information Required for Subcontract Consent

X

Conflict of Interest Disclosure Statement (with Mitigation Plan, if applicable)

X X X

Identification of Subcontracted Effort with description of value added

X

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ATTACHMENT J.3 -MONTHLY TASK ORDER COST REPORT FORMAT

MONTHLY TASK ORDER COST REPORT FOR PRIME CONTRACTOR Contractor: ABC Company

Task Order # Title

Task Order Start Date: Task Order Value

Funding Obligated to Date

Period of Performance:

Cost $- Cost $- $-

Reporting Period: Fee $- Fee $- $- CPFF $- CPFF $- $- CATEGORY TOTAL TASK

ORDER VALUE PRIOR

PERIOD CURRENT

PERIOD CUMULATIVE

AMOUNT PERCENT TO

DATE

Labor Hours Hours Dollars Hours Dollars Hours Dollars Hours Dollars Hours Dollars 0.00 $- 0.00 $- 0.00 $- 0.00 $- 0.00 $- 0.00 $- 0.00 $- 0.00 $- 0.00 $- 0.00 $- 0.00 $- 0.00 $- 0.00 $- 0.00 $- 0.00 $- 0.00 $- 0.00 $- 0.00 $- 0.00 $- 0.00 $- 0.00 $- 0.00 $- 0.00 $- 0.00 $- Subtotal Professional 0.00 $- 0.00 $- 0.00 $- 0.00 $- Administrative 0.00 $- 0.00 $- 0.00 $- 0.00 $- Total all Labor 0.00 $- 0.00 $- 0.00 $- 0.00 $- Estimated Labor Cost

Direct Labor + Fringe $- $- $- $- Indirects (O/H, G&A, etc.)

$- $- $- $-

Travel $- $- $- $-

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Subcontractors $- $- $- $- Subcontract Admin. $- $- $- $- Purchases - ODCs $- $- $- $- Total Estimated Cost

MONTHLY TASK ORDER COST REPORT FOR SUBCONTRACTOR Subcontractor: XYZ Company

Task Order # Title

Task Order Start Date: Funding

Obligated to Date

Period of Performance: Cost $- Reporting Period: Fee $-

CPFF $- CATEGORY TOTAL TASK

ORDER ALLOCATED VALUE

PRIOR PERIOD

CURRENT PERIOD

CUMULATIVE AMOUNT

PERCENT TO DATE

Labor Hours Hours Dollars Hours Dollars Hours Dollars Hours Dollars Hours Dollars 0.00 $- 0.00 $- 0.00 $- 0.00 $- 0.00 $- 0.00 $- 0.00 $- 0.00 $- 0.00 $- 0.00 $- 0.00 $- 0.00 $- 0.00 $- 0.00 $- 0.00 $- 0.00 $- 0.00 $- 0.00 $- 0.00 $- 0.00 $- 0.00 $- 0.00 $- 0.00 $- 0.00 $- Subtotal Professional 0.00 $- 0.00 $- 0.00 $- 0.00 $- Administrative 0.00 $- 0.00 $- 0.00 $- 0.00 $- Total all Labor 0.00 $- 0.00 $- 0.00 $- 0.00 $- Estimated Labor Cost Other Direct Costs $- $- $- $-

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ODC $- $- $- $- Travel $- $- $- $-

Total Estimated Cost

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ATTACHMENT J.4 – FIRE LIFE SAFETY LABOR CATEGORY QUALIFICATIONS

Program Manager (key personnel) - to perform successfully in this capacity, the individual must meet one of the following combinations of education and experience: A Master’s degree in a discipline directly related to the SOW plus at least ten (10) years of increasingly responsible professional related engineering experience, including ten (10) years of experience in a technical area directly related to the SOW, or a Bachelor’s (B.S.) degree in a discipline directly related to the SOW plus at least fifteen (15) years of increasingly responsible professional engineering related experience, including fifteen (15) years of experience in a technical area directly related to the SOW. Senior Staff + Task Area Leads(key personnel) - to perform successfully in this capacity, the individual must meet the following combinations of education and experience: A Master’s degree in FPE, FPE license, plus 10 or more years of increasingly responsible professional engineering related experience, including ten (10) years of experience in a technical area directly related to the SOW, or a B.S. degree plus ten (10) or more years of increasingly responsible professional engineering related experience, including fifteen (15) years of experience in a technical area directly related to the SOW. Mid-level Staff - to perform successfully in this capacity, the individual must meet the following combinations of education and engineering related experience: A minimum of a B.S. degree in FPE, FPE license with six (6) s or more years of experience in a technical area directly related to the SOW. Staff - to perform successfully in this capacity, the individual must meet the following combinations of education and engineering related experience: A minimum of a B.S. degree in FPE, including three (3) years of experience in a technical area directly related to the SOW. . Subject Mater Expert (specialist)- to perform successfully in this capacity, the individual must meet the following combinations of education and experience: A PE license, plus a Ph.D. in a field of study related to the subject with at least five (5) years of experience in the technical area directly related to the specialty or a Master’s degree in fire protection plus eight (8) years of experience in the specialty or a B.S. degree in FPE plus twelve (12) or more years of experience in the specialty.

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SUMMARY TABLE OF FLS LABOR CATEGORY QUALIFICATIONS

Labor Category Total Years of

Professional Engineering

Related Experience

Years of Experience Related to

SOW

Degree License

Program Manager

10 10 MS PE

15 15 BS PE

Senior Staff/Task Area

Leads

10 10 MS. FPE

12 12 BS FPE

Mid-Level Staff

6 MS/BS FPE

Staff

3 MS/BS

SME (specialists)

5 Ph.D. PE

8 MS PE

12 BS PE

NOTE: The Government may, at the task order level and on a case-by-case basis, require certain degrees or certifications.

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ATTACHMENT J.5 – FIRE LIFE SAFETY QUALITY ASSURANCE SURVEILLANCE PLAN (QASP)

INTRODUCTION The purpose of this quality assurance plan (QASP) is to outline the methods used by the Volpe Center Office of Acquisitions, V-220, to monitor contractor performance and identify the required documentation and resources to be employed. The Contracting Officer, V-220, will conform to all applicable functions in Federal Acquisition Regulation (FAR Part 42.302(a) and FAR Part 4. This QASP, as required by FAR Part 46.104, documents V-220’s procedures for monitoring contractor performance. The Contracting Officer (CO) is required to ensure the contractor is meeting the performance requirements identified in the Task Order SOW and funded line items and to ensure that the Government pays only for the level of services received. This QASP 1) defines the roles and responsibilities of all members of the contract administration team, 2) identifies the statement of work and deliverables, 3) defines the methodologies used to monitor and evaluate the contractor’s performance, and 4) describes the analysis of quality assurance monitoring results. Performance Monitoring Strategy: The Government representative(s) will monitor performance and review all Deliverables to include: monthly progress and cost reports; monthly labor and Travel/Other Direct Costs (ODC) reports, furnished by the contractor to determine how the contractor is performing against contract requirements. The Government will make determination regarding satisfactory performance to determine payment and contractor performance assessment evaluation results. ROLES AND RESPONSIBILITIES The Contracting Officer (CO) The CO is responsible for monitoring contract compliance, contract administration, and cost control and for resolving any differences between the observations documented by the Task Order Contracting Officer’s Representative (TOCOR), Alternate Task Order Contracting Officer’s Representative (ALT TOCOR) and Task Order Contracting Officer (TOCO) and the contractor. The CO will appoint one full-time COR as the Government authority for performance management. The CO may appoint an ALT TOCOR who acts in the absence of the primary TOCOR and is designated the same responsibilities as the TOCOR as described below. The Task Order Contracting Officer’s Representative (TOCOR) The TOCOR is appointed in writing by the CO to act as his or her authorized representative to assist in administering and monitoring of contractor performance. The COR may also be assigned as the TOCOR. The TOCOR responsibilities and limitations are contained within the written designation letter. The TOCOR’s primary duty is to monitor the contractor's performance to ensure that the Contractor meets all of the technical requirements under the task

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order, by the delivery date or within the period of performance as stated in the Task Order, and at the estimated cost stated in the Task Order and to ensure proper Government surveillance of the contractor’s performance. The TOCOR is not empowered to make any contractual commitments or to authorize any contractual changes on the Government’s behalf. Any changes that the contractor deems may affect contract price, terms, or conditions shall be referred to the CO for action. The TOCOR will have the responsibility for completing Contractor Performance Assessment Reports in the CPARS system to document his/her inspection and evaluation of the contractor’s work performance on annual basis. Government surveillance may occur under the inspection of services clause for any service relating to the contract. IDENTIFICATION OF REQUIRED PERFORMANCE The contract requirements and performance deliverable standards are included in the Master Contract SOW and Task Order-issued funding modifications. Contractors are required to deliver monthly cost reports, individual worker labor hours and Travel/ODC reports, progress reports, percent complete, and resource reports on a monthly basis. The COR/TOCOR will be responsible for reviewing the requirements to determine satisfactory performance on a monthly basis. If the contractor is able to deliver the required services and deliverables at a satisfactory performance level, it will be paid the monthly costs and fee as submitted in its cost report and corresponding invoice. Failure to provide and substantiate the deliverables will result in a rejection of invoice. METHODOLOGIES TO MONITOR PERFORMANCE Surveillance Techniques Simplified surveillance methods shall be used by the Government to evaluate contractor performance when appropriate. The primary methods of surveillance include: On-site monitoring by the COR / TOCOR. There will be visits by COR or TOCOR certified individuals at the FAA or Contractor facility for compliance and acceptance of work, testing and inspections, resolving major scope issues, or as deemed necessary. Random inspection of Contractor facilities. These inspections will be performed by the COR/TOCOR as appropriate. 100% Inspection. Each month, the COR/TOCOR will review the generated monthly cost and progress reports and compare against the invoice. Customer Feedback The Contractor is expected to establish and maintain professional communication between its employees, the Volpe Center and the sponsor. The primary objective of this communication is customer satisfaction. Customer satisfaction is the most significant external indicator of the success and effectiveness of all services provided and can be measured through customer complaints.

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The sponsor provides feedback directly to the Volpe Center COR/TOCOR for input in terms of customer complaints or positive feedback. Customer complaints, to be considered valid, must set forth clearly and in writing the detailed nature of the complaint, must be signed, and must be forwarded to the COR/TOCOR. The COR will accept those customer complaints and investigate. Customer feedback may also be obtained from the results of formal customer satisfaction surveys. The sponsor has no authority in contract administration, and the Contractor may not receive direction in performance of its duties from the sponsor. In instances where this occurs, the CO shall be promptly notified in writing and will investigate. ANALYSIS OF QUALITY PERFORMANCE The CO/COR/TOCOR will review the contractor’s performance in relation to the requirements in the Task Order SOW and funded line items to determine satisfactory performance on a monthly basis. If the contractor is able to deliver the required services and deliverables at satisfactory performance level, and substantiate this in its monthly cost and progress reports, it will be paid the invoiced costs and fee (except retainage fee per FAR). The contractor’s monthly progress, cost report and invoice shall document the services delivered and associated hours. The COR/TOCOR shall review invoices for accuracy and to ensure compliance with the task order and/or work item authorizations. As part of the invoice review process, the COR/TOCOR shall document that the invoice is acceptable for payment based on said review. The COR/TOCOR shall make a recommendation to the CO as to whether the invoice can be fully or partially paid. Determining Performance The Government shall use the monitoring methods cited above to determine whether acceptable performance standards/service levels have been met. If the contractor has not met minimum requirements, it may be asked to develop a corrective action plan to show how and by what date it intends to bring performance up to the required levels. Verification of Performance The COR/TOCOR will perform a review of the Contractor’s performance and delivery of services required. This review will demonstrate whether the contractor is providing satisfactory performance, including cost and technical work performed in accordance with the Task Order SOW. If performance is satisfactory to the COR/TOCOR, the COR/TOCOR will recommend approval of invoices and document this approval in the DELPHI invoice approval system. Reviews and Resolution The COR/TOCOR may require the Contractor’s project manager, or a designated alternate, to meet with the CO/COR/TOCO contract administration team personnel as deemed necessary to discuss performance evaluation. The CO will define a frequency of in-depth reviews with the

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contractor, including appropriate self-assessments by the contractor. However, if the need arises, the contractor will meet with the COR/TOCOR/CO as required. The agenda of the reviews may include:

• Monthly performance; • Monthly spending; • Expected 100% expenditure dates for funding of each Task Order; • Discussion of issues and concerns of both parties; • Projected outlook for upcoming months and progress against planned schedules and

milestones, including a corrective action plan and • Recommendations for improved efficiency and/or effectiveness.

The COR/TOCOR must coordinate and communicate with the Contractor to resolve issues and concerns regarding marginal or unsatisfactory performance. The COR/TOCOR must provide the CO with a memorandum highlighting marginal or unsatisfactory performance, including what mitigation has been identified to resolve the performance issues.

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ATTACHMENT J.6 – FIRE LIFE SAFETY MASTER CONTRACT COST PROPOSAL SCHEDULES 1-10

SEE EXCEL WORKBOOK ENTITLED “Attachment J.6 – Master Contract Cost and Business Proposal Schedules 1-10”

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ATTACHMENT J.7 - CLIENT AUTHORIZATION LETTER

[Company Name] [Street Address] [City, State/Province Zip/Postal Code] [Date] [Recipient Name] [Address] [City, State/Province Zip/Postal Code] Dear [Client]: We are currently responding to the Volpe Center Request for Proposal No. 6913G618R200001 for the procurement of Fire Life Safety (FLS) services. The Volpe Center is required by regulation to place an increased emphasis in its acquisitions on past performance as a source selection evaluation factor. The Volpe Center requires Offerors to inform references identified in proposals that the Volpe Center may contact them about contract performance information. If you are contacted by the Volpe Center for information on work we have performed under contract for your company/agency/state/local Government, you are hereby authorized to respond to Volpe Center inquiries. Your cooperation is appreciated. Please direct any questions to ___________________________. (Offeror’s point of contact) Sincerely, [Your name] [Your position] [Typist’s initials] Enclosure: [Number] cc: [Name]

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ATTACHMENT J.8 - SAMPLE PAST PERFORMANCE QUESTIONAIRRE SECTION 1: CONTRACTOR INFORMATION (to be completed by the contractor requesting evaluation prior to mailing) A. Contractor’s name and address: B. Point of Contact: C. Phone Number: D. Contract Number: E. Project Title or Description of Work performed under this project: F. Contract Type: Firm Fixed Price Indefinite Delivery/Indefinite Quantity Task Order Cost Reimbursement G. Project Award Date: Schedule Completion Date: Current/Final Completion Date: H. Project Award Amount: Current/Final Project Amount: I. Contractor being evaluated performed as the Prime Contractor Subcontractor Supplier J. Authorization is hereby granted to provide the information requested in SECTION B of this Questionnaire. (Signature) (Name and Title of Authorized Official) (Date)

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ATTACHMENT J.8 - SAMPLE PAST PERFORMANCE QUESTIONAIRRE (CONTINUED)

SECTION 2: RESPONDENT INFORMATION (to be completed by respondent) EVALUATED BY: (Signature) (Date) (Typed or Printed Name) (Title) (Phone Number) (Address) SECTION 3: PERFORMANCE INFORMATION: Choose the number on the scale of 1 to 6 that most accurately describes the contractor’s performance or situation. CODE PERFORMANCE LEVEL

1 EXCEPTIONAL - The contractor’s performance meets contractual requirements and

exceeds many (requirements) to the Government’s benefit. The contractual performance was accomplished with few minor problems for which corrective actions taken by the contractor were highly effective.

2 VERY GOOD- The contractor’s performance meets contractual requirements and

exceeds some (requirements) to the Government’s benefit. The contractual performance was accomplished with some minor problems for which corrective actions taken by the contractor were effective.

3 SATISFACTORY – The contractor’s performance meets contractual requirements.

The contractual performance contained some minor problems for which corrective actions taken by the contractor appear or were satisfactory.

4 MARGINAL – Performance does not meet some contractual requirements. The

contractual performance reflects a serious problem for which the contractor has not yet identified corrective actions or the contractor’s proposed actions appear only marginally effective or were not fully implemented.

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5 UNSATISFACTORY – Performance does not meet most contractual requirements and recovery is not likely in a timely manner. The contractual performance contains serious problem(s) for which the contractor’s corrective actions appear or were ineffective.

6 NOT APPLICABLE - Unable to provide a score.

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ATTACHMENT J.8 - SAMPLE PAST PERFORMANCE QUESTIONNAIRE (CONTINUED)

1. CUSTOMER SATISFACTION Customer would have no reservations in awarding

another contract to the contractor. 1 2 3 4 5 6

2. QUALITY a. Contractor provided effective quality control and/or

inspection procedures to meet contract requirements. 1 2 3 4 5 6

b. Contractor provided well researched and clearly identified submittals that matched contract requirements.

1 2 3 4 5 6

c. Contractor completed all work with good workmanship and in conformance with the specifications.

1 2 3 4 5 6

d. Contractor corrected deficiencies in a timely manner and pursuant to their quality control plan.

1 2 3 4 5 6

3. TIMELINESS a. Contractor met established project schedules to complete

the project on time. 1 2 3 4 5 6

b. Contractor provided timely cost/design proposals. 1 2 3 4 5 6 c. Contractor submitted the progress schedule and progress

reports as required. 1 2 3 4 5 6

d. Contractor provided on-time submittals as required. 1 2 3 4 5 6 e. Contractor provided payrolls for both their employees

and their subcontractor employees as required. 1 2 3 4 5 6

f. Contractor provided timely resolution of all punch list items.

1 2 3 4 5 6

4. RESPONSIVENESS a. Contractor acted promptly to resolve problems, ensuring

compliance with contract requirements and safety regulations.

1 2 3 4 5 6

b. Contractor was reasonable and cooperated to resolve problems, attended meetings as needed, and maintained communication with the government to keep the project on schedule or minimize the delay.

1 2 3 4 5 6

c. Contractor identified problems as they occurred, suggested approaches to the problems; displayed initiative to solve problems and performed as a Team Member.

1 2 3 4 5 6

d. Contractor responded to warranty issues within the time frames specified in the contract.

1 2 3 4 5 6

5. SUBCONTRACTS AND MANAGEMENT a. Contractor provided experience/qualified managers and

supervisors with the technical and administrative abilities needed to meet contract requirements.

1 2 3 4 5 6

b. Contractor hired quality subcontractors and effectively managed and coordinated their work.

1 2 3 4 5 6

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c. Contractor hired, maintained and replaced as necessary qualified personnel and subcontractors/suppliers.

1 2 3 4 5 6

d. Contractor ensured the project manager had sufficient authority to make decisions and take actions during project performance to keep the project on schedule.

1 2 3 4 5 6

e. Contractor ensured site superintendent and quality control representative were consistently present on site when work was performed.

1 2 3 4 5 6

f. Contractor paid employees/subcontractor/suppliers as required.

1 2 3 4 5 6

6. CHANGE/COST CONTROL a. Contractor responsive to contract changes and provided

accurate, reasonable and supportable cost proposals. 1 2 3 4 5 6

b. Contractor demonstrated the ability to control costs and/or design projects or modifications within the magnitude specified.

1 2 3 4 5 6

c. Contractor validated subcontractor cost proposals prior to submission to the Government.

1 2 3 4 5 6

REMARKS:

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ATTACHMENT J.8 - SAMPLE PAST PERFORMANCE QUESTIONAIRRE

(CONTINUED)

SECTION 4: NARRATIVE SUMMARY: 1. What were the contractor’s greatest strengths in the performance of the contract? 2. What were the contractor’s greatest weaknesses in the performance of the contract? 3. Please provide any additional comment concerning the contractor’s performance. 4. GOVERNMENT CONTRACTS ONLY: Has or was this contract partially or completely terminated for default or convenience or are there any pending terminations?

Yes No Default Convenience Pending Termination If yes, please explain. 5. Were there any performance issues regarding the contractor’s work? If yes, please explain. Please return this completed questionnaire to: E-Mail address: [email protected]


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ATTACHMENT J.9 – TASK ORDER INVOICE COVER PAGE

SEE EXCEL WORKBOOK ENTITLED

“Attachment J.9 – TASK ORDER INVOICE/VOUCHER COVER PAGE”

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ATTACHMENT J.10 – TRAVEL AUTHORIZATION REQUEST (TAR)

SEE EXCEL WORKBOOK ENTITLED

“Attachment J.10 – TRAVEL AUTHORIZATION REQUEST (TAR)”