SOLICITATION NOTICE
R -- Programmatic Evaluation, Data Analysis, and Administrative Support Services
- Notice Date
- 2/28/2013
- Notice Type
- Combined Synopsis/Solicitation
- NAICS
- 541611
— Administrative Management and General Management Consulting Services
- Contracting Office
- Federal Motor Carrier Safety Administration (FMCSA) - Headquarters FMCSA
- ZIP Code
- 00000
- Solicitation Number
- MCESS-13-002
- Archive Date
- 3/22/2013
- Point of Contact
- Prattsie Artis, Phone: 2023852466
- E-Mail Address
-
Prattsie.Artis@dot.gov
(Prattsie.Artis@dot.gov)
- Small Business Set-Aside
- Total Small Business
- Description
- T his is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation is hereby provided as an attachment. Solicitation number MCESS-13-002 is issued as a Request for Quotation (RFQ) and incorporates provisions and clauses in effect through Federal Acquisition Circular 2005-65.The associated NAICS code is 541611. The small business size standard is $14.0M. The Small Business Competitiveness Demonstration Program is not applicable to this acquisition. The Federal Motor Carrier Safety Administration, a bureau of the U.S. Department of Transportation, has a requirement for Programmatic Evaluation, Data Analysis, and Administrative Support Services. The period of performance includes a base period of 12 months, plus four (4) 12 month option periods. The place of delivery and government acceptance shall be the U.S. Department of Transportation Headquarters, Washington, DC 20590. The resultant order shall be Firm Fixed Price. Firms must submit a complete quotation. Quotations shall remain valid for 90 days. One copy shall be submitted as an electronic version in MS Word or Adobe Acrobat. The electronic version shall be submitted by email. The quotation shall contain all content and shall be sized to permit electronic submission. Each quotation submission shall be on 8-1/2 x 11-inch paper, in a commercially standard font. Each page in the quotation shall be separately numbered. Any additional clauses required by public law, executive order, or acquisition regulations in effect at the time of execution of the order will be included. The Government reserves the right to make zero, one, or more awards and will not be liable for any costs incurred in response to this solicitation. The Government will evaluate quotes in accordance with the evaluation factors set forth in this RFQ. The quote shall demonstrate a reasonable relationship between the services offered and the prices for those services. Firms shall offer to perform all requirements. Section I - Approach, Contractor's Qualifications, and Past Performance Key Personnel On-time Delivery Relevant Experience - Describe at least three (3) projects in excess of $150,000 performed well in the last three years relevant to this project. Section II - Business and Pricing Firm Fixed Prices FAR 52.212-3 Offeror Representations and Certifications-Commercial Items Firm fixed prices shall be binding. Firms must disclose their business practices and prices in a format that provides sufficient information for the Contracting Officer to make a determination of fair and reasonable pricing. Basis for Award The objective of the source selection is to select the offer that represents the best value to the Government. All evaluation factors that will affect contract award and their relative importance are set forth in the solicitation. The evaluation factors are listed in order of importance. While Price will not receive an adjectival rating, it shall be evaluated. Award shall be based on an integrated assessment of offers using all factors in the solicitation. Award may be made based on initial offers. Evaluation Award will be made to the responsible Contractor that offers the best value to the Government. The quote will be evaluated based on the factors set forth below. The factors, although relatively equal, are listed in order of importance. Approach, Contractor's Qualifications, and Past Performance - The relevance and quality of prior performance Price - The amount, realism, balance, and consistency of the evaluated price. The evaluation will be based on use of an adjectival scheme as follows: Outstanding (O) - Conspicuously striking in eminence Good (G) - Beneficial and worthwhile; sound and valid Unsatisfactory (U) - Not acceptable, not adequate to carry out The provision at 52.212-1, Instructions to Offerors-Commercial, 52.212-2 Evaluation-Commercial Items, 52.212-3 Offeror Representations and Certifications-Commercial Items, 52.212-4, Contract Terms and Conditions-Commercial Items, and 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Items shall apply to this acquisition as set forth in the attached RFQ. The following Federal Acquisition Regulation clauses shall also be applicable to this acquisition: 52.227-14 Rights In Data--General (Dec 2007). Additionally, Department of Transportation clause 1252.223-73 Seat Belt Use Policies and Programs (APR 2005). All offers shall not exceed 25 pages. All offers shall include two sections, i.e., Section I - Approach, Contractor's Qualifications, and Past Performance and Section II - Business and Pricing. Section I shall include a description of the contractor's approach to conduct and complete all tasks, a demonstration of the contractor's qualifications, and a list of three (3) projects -Past Performance references - performed within the last three years. Section II shall include a completed copy of the provision at 52.212-3 Offeror Representations and Certifications - Commercial Items, and complete pricing for CLINs 00001-40002. Note. FAR 52.212-3 shall not count toward the 25 page limitation. A Defense Priorities and Allocations System (DPAS) rating is not applicable to this acquisition. Questions and comments may be directed electronically to Prattsie.Artis@dot.gov by 10:00 a.m. (local time) on March 7, 2013. Interested firms shall submit its written quotation electronically not later than the specified response date and time. All quotations shall be addressed to Prattsie.Artis@dot.gov, Contract Specialist, Contract Specialist, at DOT/FMCSA/Acquisitions Management, 1200 New Jersey Avenue, Washington, DC, 20590. The quotes submitted shall form the basis for award. Attachments Performance Work Statement (PWS) Additional Terms and Conditions Pricing Schedule (CLINs 0001-40002) PERFORMANCE WORK STATEMENT (PWS) PROGRAMMATIC EVALUATION, DATA ANALYSIS, AND ADMINISTRATIVE SUPPORT SERVICES •1. General This is a non-personal services contract to provide programmatic evaluation, data analysis, and programmatic support services to the U.S. Department of Transportation (USDOT) Federal Motor Carrier Safety Administration (FMCSA), Office of Enforcement. The Government shall not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government. •2. DESCRIPTION OF SERVICES/INTRODUCTION The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services, unless otherwise stated, necessary to perform programmatic evaluation, data analysis, and programmatic support services as defined in this Performance Work Statement except for those items specified as government furnished property and services. The contractor shall perform to the standards specified in this contract. •3. BACKGROUND This requirement is to provide programmatic evaluation, data analysis, and programmatic support services to support FMCSA's Office of Enforcement's efforts to ensure effective and consistent administration of FMCSA's safety programs, including the grant programs administered by the Office of Safety Programs, and enforcement programs administered by the Office of Enforcement and Compliance. •4. SCOPE The contractor shall be responsible for performing the work encompassed in this work statement: Analysis of grantee performance based upon FMCSA/USDOT data systems and grantee reporting documents. Non-grant programmatic performance based on governmental data systems and information from programmatic stakeholders. Cost effectiveness analysis of non-grantee and grantee performance. Expenditure and burn-rate analysis of FMCSA grants and contracts. Track ongoing grant awards through FMCSA's grants management system and reconcile to FMCSA's financial management system; track awarded FMCSA grants; both the methods and outputs for this task are established, but must be maintained/updated. Develop and manage data tools (software, databases, summaries, charts, tables, etc.) or information systems to support the FMCSA mission and safety activities. Research and collect data from primary and secondary data sources, including governmental data systems and publicly available datasets. Prepare, review, and edit reports and documents related to motor carrier safety programs. Provide ad hoc support to FMCSA for other issues related to technical and programmatic management of FMCSA's safety programs •5. SPECIFIC TASKS The contractor shall provide services for programmatic evaluation, data analysis, and programmatic support services of commercial vehicle safety programs, including grant programs, administered by FMCSA's Office of Enforcement. •6. PROGRAMMATIC EVALUATION, DATA ANALYSIS, AND PROGRAMMATIC SUPPORT SERVICES The contractor shall provide technical support to reconcile and document current and past FMCSA Office of Enforcement grant and contract allocations, obligations and expenditures. Additionally provide support to FMCSA for payment and vouchering issues, and amending or closing out grants or contracts. There is a continued need to reconcile financial posting errors so that FMCSA may be able to allocate and obligate all fiscal year grant funds. Specific duties shall include the following tasks: Conduct financial and program delivery analysis of grantee performance based upon FMCSA/USDOT data systems and grantee reporting documents ; Evaluate non-grant programmatic performance based on governmental data systems and information from programmatic stakeholders ; Conduct cost-benefit effectiveness analysis of grantee and non-grantee performance; Conduct expenditure and burn-rate analysis of grants and contracts; determine and report on State and national trends; Reconcile and track annual grant awards; Develop and manage data tools (software, databases, summaries, charts, tables, etc.) or information systems to allow the consolidation and cataloging of medium-to-large datasets and financial reports to support the FMCSA mission and safety activities; Using research methodology consistent with academic and professional studies, collect data from primary and secondary data sources, including governmental data systems and publicly available datasets ; Track ongoing grant awards through FMCSA's grants management system and reconcile to FMCSA's financial management system; track awarded FMCSA grants; both the methods and outputs for this task are established, but must be maintained/updated. Following academic and professional study standards, prepare formal reports related to motor carrier safety programs for publication within the motor carrier safety industry; Provide support to FMCSA for other issues related to the financial and programmatic management of safety programs; Identify, collect and analyze commercial vehicle data related to the administration of FMCSA's safety programs (including, but not limited to, data reporting motor carrier crashes, injuries, fatalities, vehicle miles travelled, and other safety data); Assist in the development of Congressional reports to report on activities and accomplishments; Assist in the preparation of briefing papers and presentations on safety and grant programs for FMCSA use. The activities encompassed within this requirement are intended to ensure effective and consistent administration of FMCSA's safety programs. The contractor shall provide a draft copy of large reports and data analysis to the COR. The COR will review the materials and provide any written comments to the contractor within 10 calendar days after receipt. Based on the COR's review comments, the contractor shall revise the documents and provide the COR with paper and electronic copies of the final drafts within 5 calendar days after receiving the COR's comments. Other smaller assignments for data collection and reporting will be accompanied with a due date. The contractor shall have sufficient resources to provide for data collection and reporting assignments of a non-significant nature within 24-hours. •7. QUALITY CONTROL The contractor shall develop and maintain an effective Quality Control Plan (QCP) to ensure services are performed in accordance with this PWS. The contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The contractor's quality control program is the means by which it assures that its work complies with the requirement of the contract. The contractor shall prepare and submit the QCP to the Contracting Officer's Representative (COR) within 30 days after notification of contract award. The QCP must also include the mechanism by which the contractor will notify the Government of performance related incidents that are likely to affect quality of service or impact mission accomplishment. After initial acceptance of the QCP, the contractor shall submit any changes to the Contracting Officer (CO) and COR within 10 days for review. The contractor must receive the Contracting Officer's (CO) acceptance in writing of any proposed change to the QCP. •8. HOURS OF OPERATION The contractor is responsible for conducting business between the hours of 7:30 A.M. and 5:00 P.M. The contractor's personnel shall be available during the core hours of 8:00 A.M. to 4:00 P.M. unless a different time period is negotiated with the Contracting Officer and incorporated into the contract at time of award. The Contractor must maintain at all times an adequate workforce for the uninterrupted performance of all tasks defined within this PWS, including simplified, ad hoc data gathering and reporting with short deliverable deadlines (often same day depending on the complexity of the request). When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce are essential. •9. PLACE OF PERFORMANCE The contractor will normally perform the work under this contract at U.S. Department of Transportation Headquarters, FMCSA, Washington, DC. •10. SECURITY REQUIREMENTS Contractor personnel performing work under this contract must be able to pass security background checks in order to obtain a Government-issued identification badge and must maintain the level of security required for the life of the contract. Contractor employees must wear the Government-issued identification badge in a readily visible manner, above the waist, at all times when in Government facilities. •11. PHYSICAL SECURITY The contractor shall be responsible for safeguarding all government equipment, information and property provided for contractor use. At the close of each work period, the contractor shall secure its equipment and materials. •12. SPECIAL CONTRACTOR QUALIFICATIONS The contractor shall have expert, demonstrable knowledge in using Oracle-based data systems, relational databases, XML, and SQL to facilitate data analysis. The contractor shall have expert, demonstrable knowledge in the statistical analysis of financial and programmatic data. The contractor shall have expert, demonstrable knowledge in economic principles and concepts used to conduct cost effectiveness evaluations. The contractor shall have expert, demonstrable knowledge in key Microsoft Office Suite programs, specifically including Microsoft Excel and Access, and demonstrable working knowledge in other programs including Microsoft Word, PowerPoint, MapPoint, SharePoint, Internet Explorer, and Visio. The contractor shall have expert, demonstrable knowledge in preparing professional/academic-style reports for internal use and external publication in industry periodicals. •13. POST AWARD CONFERENCE/PERIODIC PROGRESS MEETINGS The Contractor agrees to attend any post award conference convened by the contracting officer or contract administration office at the Government's facility within 15 days of notification of award. At the post award conference, the contractor shall provide a plan for completing the work as set forth in the contractor's pre-award technical proposal. Based upon discussion and recommendations offered by the COR, the contractor must prepare and submit a revised final plan within 5 calendar days of the post award conference. The CO, COR, and other Government personnel, as appropriate, may meet periodically with the contractor to review the contractor's performance. At these meetings the COR will apprise the contractor of how the government views the contractor's performance and the contractor will apprise the Government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the government. •14. IDENTIFICATION OF CONTRACTOR EMPLOYEES All contract personnel attending meetings, answering Government telephones, and working in other situations where their contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression in the minds of members of the public that they are Government officials. They must also ensure that all documents or reports produced by contractors are suitably marked as contractor products or that contractor participation is appropriately disclosed. Contractor personnel shall display required identification and visitor badges in plain view above the waist when in Government facilities. •15. CONTRACTOR TRAVEL Contractor may be required to travel during the performance of this contract. •16. OTHER DIRECT COSTS These costs, if applicable, will be reviewed and approved by the CO at time of contract award. •17. DATA RIGHTS The Government has unlimited rights to all documents/material produced under this contract. All documents and materials, to include the source codes of any software, produced under this contract shall be Government owned and are the property of the Government with all rights and privileges of ownership/copyright belonging exclusively to the Government. These documents and materials may not be used or sold by the contractor without written permission from the Contracting Officer. All materials supplied to the Government shall be the sole property of the Government and may not be used for any other purpose. This right does not abrogate any other Government rights. •18. ORGANIZATIONAL CONFLICT OF INTEREST Contractor personnel performing work under this contract may receive, have access to or participate in the development of proprietary information (e.g., cost or pricing information, budget information or analyses, etc.) or perform evaluation services which may create a current or subsequent Organizational Conflict of Interests (OCI) as defined in FAR Subpart 9.5. The Contractor shall notify the Contracting Officer immediately whenever it becomes aware that such access or participation may result in any actual or potential OCI and shall promptly submit a plan to the Contracting Officer to avoid or mitigate any such OCI. The Contractor's mitigation plan will be determined to be acceptable solely at the discretion of the Contracting Officer and in the event the Contracting Officer unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the Contracting Officer may effect other remedies as he or she deems necessary, including prohibiting the Contractor from participation in subsequent contracted requirements which may be affected by the OCI. •19. GOVERNMENT FURNISHED ITEMS AND SERVICES Facilities: If available, the Government will provide the necessary workspace for the contractor staff to provide the services outlined in the PWS to include desk space, telephones, computers, and other items necessary to maintain an office environment. At least one fulltime, onsite person is preferred. Equipment : If located onsite, the Government will provide access to multi-function shared office printers which include scanning and fax capabilities. Materials: If located onsite, the Government will provide necessary printing supplies, including paper and printer toner, which are necessary to provide the services provided for in this PWS. Access to Data Systems: The Government will provide limited access to FMCSA's Oracle-based financial systems, Windows-based grants management systems, FMCSA safety data systems, and IBM's Cognos Reporting Tool and other data systems that are necessary to provide the services provided for in this PWS. •20. INTELLECTUAL PROPERTY All Contractor developed data, software, database, processes and procedures and other forms of intellectual property developed under this contract shall be delivered with unlimited rights. All documentation, photography and electronic data and information collected or prepared by the Contractor in the performance of this Contract shall be delivered to the Federal Government with unlimited rights. •21. DATA RIGHTS The recipient shall make available to the Government copies of all work developed in performance of this contract, including but not limited to software and data. The Government and others acting on its behalf shall have unlimited rights in perpetuity to obtain, reproduce, publish or otherwise use the data developed in the performance of this contract pursuant to 49 CFR Part 19.36. The FMCSA will retain residual and technical rights to all documents, procedures, software and other products developed under this contract. •22. SECURITY/PRIVACY REQUIREMENTS Protection of Information/Privacy Act The Contractor shall sign and date FMCSA's Non-Disclosure Agreement. Dissemination of Contract Information The Contractor shall not publish, permit to be published, or distribute for public consumption, any information, oral or written, concerning the results of conclusions made pursuant to the performance of this contract, without prior written consent of the contracting officer (CO). Two copies of any material proposed to be published or distributed shall be submitted to the CO. Privacy Act The Contractor shall be granted access to information protected under the Privacy Act. The Contractor and their employees shall safeguard this information against unauthorized disclosure or dissemination in accordance with the law and Government policy and regulation. The Contractor shall agree to comply with the Privacy Act of 1974 (the Act) and the agency rules and regulations issued under the Act in the design, development, or operation of any system of records on individuals to accomplish an agency function. The Contractor shall review and comply with the Federal Acquisition Regulation (FAR) paragraphs 52.224-1 and FAR 52.224.2, Public Law 93-579, December 31, 1974 (5 U.S.C. 552a) and applicable agency regulations. Violation of the Act may involve the imposition of criminal penalties. Contractor(s) shall utilize the applicable mandates and standards from The Office of Management and Budget ( http://www.whitehouse.gov/omb/memoranda ), and the 800-Series of Special Publications from the National Institute of Standards and Technology (NIST) ( http://crsc.nist.gov/index.html ) in the development, maintenance, modernization and operations of information technology assets and programs. The following Federal laws, guidelines, standards and regulations are applicable: M-07-16, Safeguarding Against and Responding to the Breach of Personally Identifiable Information M-06-16, Protection of Sensitive Agency Information, June 23, 2000 M-06-15, Safeguarding Personally Identifiable Information M-06-19, Reporting Incidents Involving Personally Identifiable Information Incorporating the Cost for Security in Agency Information Technology Investments SP 800-53, Recommended Security Controls for Federal Information Systems; SP 800-53A Guide for Assessing the Security Controls in Federal Information Systems Federal Information Security Management Act of 2002 (Title III of P.L. 107-347) Pub.L.104-191 ( Health Insurance Portability and Accountability Act of 1996 (HIPAA) Department of Transportation, Protecting Mobile Information Technology Devices January 16, 2008 OMB Circular No. A-130, Appendix III, Security of Federal Automated Information Systems, November 28, 2000 National Institute of Science and Technology (NIST) Special Publication (SP) 800-111, Guide to Storage Encryption Technologies for End User Devices, November 2007 Federal Information Processing Standards (FIPS) Publication 140-2, Security Requirements for Cryptographic Modules, May 25, 2001 FMCSA Cyber Security Incident Handling and Reporting, September 2008 The Contractor(s) may consult with the FMCSA Information System Security Officer (ISSO) for guidance on the applicability of these and other publications in these series not herein identified. Personnel Security The contractor (and subcontractor(s), if applicable) shall comply with all federal requirements for personnel security. Access to Sensitive Information Work performed under this contract shall involve access to sensitive information which shall not be disclosed by the contractor unless authorized by the CO. 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 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. Except when authorized by FMCSA, the contractor shall not disclose sensitive information such as policy or rulemaking development or evaluation information. In a case where the contractor is requested to disclose policy or rulemaking development or evaluation information, the contractor shall ask the requestor to complete and sign a Non-Disclosure Agreement (NDA). The contractor shall ensure the 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 Immigration and Naturalization Service documentation; and (2) have background investigations in accordance with DOT Order 1630.2B, Personnel Security Management. (3) The employees on this contract shall have access to Government facilities and/or sensitive information, including proprietary data and/or resources. Therefore, they must complete and submit the following form within 10 business days of starting work on this contract (SF-85P, Questionnaire for Public Trust Position ). If any given contractor employee does not complete the form within the 10 days, he/she shall not be permitted to work on this contract. The contractor shall immediately notify the contracting officer when an employee terminates employment that has access to DOT information systems or data. Sensitive information is proprietary data or other information that, if subject to unauthorized access, modifications, 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 authorized to be kept secret in the interest of national defense or policy under an Executive Order or Act of Congress. Annual Security and Privacy Awareness Training The Contractor shall ensure that its employees, in performance of the contract performing under this contract, receive annual IT security and privacy training in accordance with OMB Circular A-130, FISMA, and NIST requirements, as they may be amended from time to time during the term of this contract. The Security and Privacy Awareness training is given online with the web address supplied by the Contracting Officer's Representative (COR). Contractor Employee Report FMCSA requires the contractor to provide a current listing of all FMCSA contractors with access to FMCSA resources including data. This report shall be provided to the COR as requested. FMCSA Rules of Behavior All contractors are required to read, understand, and sign/acknowledge FMCSA Rules of Behavior (RoB) prior to being allowed access to FMCSA data. Access to the FMCSA RoB will be supplied to the contractor by the COR. After award of contract, there will be a kick-off meeting where the requirements for IT Security, Privacy and data handling will be further discussed. Reporting Incidents Involving Personally Identifiable Information (PII): The contractor shall report all incidents (confirmed or suspected) involving PII in electronic and physical form to the FMCSA COR within one hour of discovering the incident. 23. GREEN SUSTAINABLE ACQUISITIONS Where applicable, as it pertains to Green Sustainable Acquisitions, the contractor is encouraged to ensure that all resultant actions require the supply or use of products and services that are energy efficient (Energy Star or FEMP-designated), water efficient, bio-based, environmentally preferable (excluding EPEAT-registered products), non-ozone depleting, contain recycled content, or are non-toxic or less toxic alternatives. 24. DELIVERABLES SCHEDULE Deliverable Frequency # of Copies Medium/Format Submit To Implementation Plan Draft submitted with contractor's proposal. Final plan is submitted within 15 calendar days after contract award. 1 Report is to be provided electronically in MS Office products and/or Adobe Acrobat, as appropriate (i.e.,MS Word, Excel, PowerPoint, etc.) Submit report to COR via e-mail: Jack.kostelnik@dot.gov Progress Report Due the 5th of every month. 1 Report is to be provided electronically in MS Office products and/or Adobe Acrobat, as appropriate (i.e., MS Word, Excel, PowerPoint, etc.) Submit report to COR via e-mail: Jack.kostelnik@dot.gov Grant Reconciliation Report - monitoring of grant award process with fiscal year reconciliation and reporting Semi-weekly. However, during high grant obligation periods, reconciliation reports are to be completed daily. 2 Report is to be provided electronically in Microsoft Excel and/or Adobe Acrobat, as directed. Submit report to COR and State Programs Division Chief via e-mail: Jack.kostelnik@dot.gov & brandon.poarch@dot.gov Grant Tracking Report Weekly. 1 Report is to be provided electronically in MS Excel spreadsheet. Post to State Programs Division shared drive. Ad Hoc data gathering and reporting assignments based on readily accessible (but not compiled) data from FMCSA systems. As necessary; sometimes with a deliverable deadline as short as 24-hours depending on the complexity of the request. 1 Deliverable is to be electronically in a Microsoft Office and/or Adobe Acrobat format, as directed at the time of the assignment. Submit report to COR and State Programs Division Chief via e-mail: Jack.kostelnik@dot.gov & brandon.poarch@dot.gov •24. DEFINITIONS CONTRACTOR. A supplier or vendor having a contract to provide specific supplies or service to the government. The term used in this contract refers to the prime. CONTRACTING OFFICER. A person with authority to enter into, administer, and or terminate contracts, and make related determinations and findings on behalf of the government. Note: The only individual who can legally bind the government. CONTRACTING OFFICER'S REPRESENTATIVE (COR). An employee of the U.S. Government appointed by the contracting officer to administer the contract. Such appointment shall be in writing and shall state the scope of authority and limitations. This individual has authority to provide technical direction to the Contractor as long as that direction is within the scope of the contract, does not constitute a change, and has no funding implications. This individual does NOT have authority to change the terms and conditions of the contract. DEFECTIVE SERVICE. A service output that does not meet the standard of performance associated with the Performance Work Statement. DELIVERABLE. Anything that can be physically delivered but may include non-physical things such as meeting minutes. KEY PERSONNEL. Contractor personnel that are evaluated in a source selection process and that may be required to be used in the performance of a contract by the Key Personnel listed in the PWS. When key personnel are used as an evaluation factor in best value procurement, an offer can be rejected if it does not have a firm commitment from the persons that are listed in the proposal. PHYSICAL SECURITY. Actions that prevent the loss or damage of Government property. QUALITY ASSURANCE. The government procedures to verify that services being performed by the Contractor are performed according to acceptable standards. QUALITY ASSURANCE Surveillance Plan (QASP). An organized written document specifying the surveillance methodology to be used for surveillance of contractor performance. QUALITY CONTROL. All necessary measures taken by the Contractor to assure that the quality of an end product or service shall meet contract requirements. SUBCONTRACTOR. One that enters into a contract with a prime contractor. The Government does not have privity of contract with the subcontractor. WORK DAY. The number of hours per day the Contractor provides services in accordance with the contract. WORK WEEK. Is defined as Monday through Friday, unless specified otherwise. •25. ACRONYMS CFR Code of Federal Regulations CO Contracting Officer COR Contracting Officer Representative COTR Contracting Officer's Technical Representative COTS Commercial Off the Shelf FAR Federal Acquisition Regulation FMCSA Federal Motor Carrier Safety Administration MCSAP Motor Carrier Safety Assistance Program OCI Organizational Conflict of Interest ODC Other Direct Costs POC Point of Contact PWS Performance Work Statement QA Quality Assurance QAP Quality Assurance Plan QASP Quality Assurance Surveillance Plan Additional Terms and Conditions 1. GOVERNMENT POINT OF CONTACT (To be completed at award) shall serve as the Contracting Officer's Representative in accordance with 1252.242-73 CONTRACTING OFFICER'S REPRESENTATIVE (OCT 1994). His/Her contact information is shown below. U. S. Department of Transportation/FMCSA 1200 New Jersey Avenue, S.E. Washington, DC 20590-0001 Phone: (202) xxx-xxxx Email: (to be completed at award) •2. 1252.223-73 SEAT BELT USE POLICIES AND PROGRAMS (APR 2005) In accordance with Executive Order 13043, Increasing Seat Belt Use in the United States, dated April 16, 1997, the contractor is encouraged to adopt and enforce on-the-job seat belt use policies and programs for its employees when operating company-owned, rented, or personally-owned vehicles. The National Highway Traffic Safety Administration (NHTSA) is responsible for providing leadership and guidance in support of this Presidential initiative. For information on how to implement such a program or for statistics on the potential benefits and cost-savings to your company or organization, please visit the Buckle Up America section of NHTSA's website at www.nhtsa.dot.gov. Additional resources are available from the Network of Employers for Traffic Safety (NETS), a public-private partnership headquartered in the Washington, D.C. metropolitan area, and dedicated to improving the traffic safety practices of employers and employees. NETS is prepared to help with technical assistance, a simple, user friendly program kit, and an award for achieving the President's goal of 90 percent seat belt use. NETS can be contacted at 1-888-221-0045 or visit its website at www.trafficsafety.org. •3. PERIOD OF PERFORMANCE The period of performance of this contract is from the effective date of award through (to be completed at award). If an option is exercised, the period of performance shall be extended through the end of that option period. The option periods that may be exercised are as follows: Period Start Date End Date Option Period One (to be completed at award) Option Period Two (to be completed at award) Option Period Three (to be completed at award) Option Period Four (to be completed at award) •4. INVOICE INSTRUCTIONS (REFERENCE: 1232.7002 INVOICE AND VOUCHER REVIEW AND APPROVAL) The Contractor shall submit invoices to the following email address: FMCSA AcquisitionsManagement@dot.gov as well as to the following address (the final invoice shall be annotated as "FINAL INVOICE"). Federal Express: Mike Monroney Aeronautical Center AMZ-150/FMCSA 6500 S. MacArthur Blvd Oklahoma City, OK 73169 Regular Mail DOT/FMCSA MMAC, AMZ-150 PO Box 26230 Oklahoma City, OK 73125 FAX: (405)954-1270 FMCSA Attention: Leslie Frazier Email: 9-AMC-AMZ-FMCSA-Invoices@faa.gov The Contractor shall provide two copies marked "COPY" to the following address: U.S. Department of Transportation Federal Motor Carrier Safety Administration Attn: ___________, COR 1200 New Jersey Avenue, S.E. Washington, DC 20590-0001 Phone: (202) 366-3053 Email: __________@dot.gov •5. 1252.237-73 KEY PERSONNEL (APR 2005) (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. (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: (to be completed at award) •6. E.0. 13514, FEDERAL LEADERSHIP IN ENVIRONMENTAL, ENERGY AND ECONOMIC PERFORMANCE The Department of Transportation (DOT) developed a Strategic Sustainability Performance Plan (SSPP) (June 2010) in accordance with directions contained within the above listed Executive Order. The plan is designed to enhance and sustain the DOT mission through cost effective acquisitions that achieve compliance, reduces resource consumption and solid and hazardous waste generation. Green procurement is the purchase of environmentally preferable products and services in accordance with the established Federal "Green" procurement preference program. The SSPP applies to all acquisitions and contracting mechanisms used by Federal agencies including service contracts, leases, purchases made with government purchase and fleet cards and purchases below the micro-purchase threshold. All FMCSA contractors are required to supply or use produces and services that are energy efficient, contain recycled content, or are non-toxic or less toxic alternatives. •7. SUBPART 1224.1 --PROTECTION OF INDIVIDUAL PRIVACY (OCT 1994) (a) Systems of records to which the Privacy Act applies shall not be released except by the Government regardless of whether the Government or a contractor acting on behalf of the Government is maintaining the records. Examples of systems of records are: (1) Personnel, payroll and background records personal to any officer or employee of DOT, or other person, including his or her residential address; (2) Medical histories and medical records concerning individuals, including applications for licenses; and (3) Any other detailed record containing information identifiable with a particular person. (b) Examples of systems of records to which the Privacy Act does not apply are: (1) Records that are maintained by a contractor on individuals employed by the contractor in the process of providing goods and services to the Federal government; and (2) Records generated on contract students pursuant to their attendance (e.g., admission forms, grade reports) when contracting with an educational institution. These records must be similar to those maintained on other students, must not reveal their identities, and must not be commingled with records of other students. 8. 1252.217-74 SUBCONTRACTS (OCT 1994) (a) Nothing contained in the contract shall be construed as creating any contractual relationship between any subcontractor and the Government. The divisions or sections of the specifications are not intended to control the Contractor in dividing the work among subcontractors or to limit the work performed by any trade. (b) The Contractor shall be responsible to the Government for acts and omissions of its own employees, and of subcontractors and their employees. The Contractor shall also be responsible for the coordination of the work of the trades, subcontractors, and material men. (c) The Contractor shall, without additional expense to the Government, employ specialty subcontractors where required by the specifications. (d) The Government or its representatives will not undertake to settle any differences between the Contractor and its subcontractors, or between subcontractors. 9. 52.223-18 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVING (AUG 2011) (a) Definitions. As used in this clause- "Driving"- (1) Means operating a motor vehicle on an active roadway with the motor running, including while temporarily stationary because of traffic, a traffic light, stop sign, or otherwise. (2) Does not include operating a motor vehicle with or without the motor running when one has pulled over to the side of, or off, an active roadway and has halted in a location where one can safely 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, obtaining navigational information, or engaging in any other form of electronic data retrieval or electronic data communication. The term does not include glancing at or listening to a navigational device that is secured in a commercially designed holder affixed to the vehicle, provided that the destination and route are programmed into the device either before driving or while stopped in a location off the roadway where it is safe and legal to park. (b) This clause implements Executive Order 13513, Federal Leadership on Reducing Text Messaging While Driving, dated October 1, 2009. (c) The Contractor is encouraged to- (1) Adopt and enforce policies that ban text messaging while driving- (i) Company-owned or -rented vehicles or Government-owned 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 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. (d) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts that exceed the micro-purchase threshold. 10. 1252.237-70 QUALIFICATIONS OF CONTRACTOR EMPLOYEE (APR 2005) a. Definitions. As used in this clause-Sensitive Information is any information that, if subject to unauthorized access, modification, loss, or misuse, or is proprietary data, could adversely affect the national interest, the conduct of Federal programs, or the privacy of individuals specified in The Privacy Act, 5 U.S.C. 552a, but has not been specifically authorized under criteria established by an Executive Order or an Act of Congress to be kept secret in the interest of national defense or foreign policy. b. Work under this contract may involve access to sensitive information which shall not be disclosed, by the contractor unless authorized in writing by the contracting officer. To protect sensitive information, the contractor shall provide training to any contractor employees authorized to access sensitive information, and upon request of the Government, provide information as to an individual's suitability to have authorization. c. The Contracting Officer may require dismissal from work those employees deemed incompetent, careless, insubordinate, unsuitable, or otherwise objectionable, or whose continued employment is deemed contrary to the public interest or inconsistent with the best interest of national security. d. Contractor employees working on this contract must complete such forms, as may be necessary for security or other reasons, including the conduct of background investigations to determine suitability. Completed forms shall be submitted as directed by the Contracting Officer. Upon the Contracting Officer's request, the Contractor's employees shall be fingerprinted, or subject to other investigations as required. e. 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 Bureau of Citizenship and Immigration Services documentation; and (2) Have background investigations according to DOT Order 1630.2B, Personnel Security Management. f. The Contractor shall immediately notify the contracting officer when an employee no longer requires access to DOT computer systems due to transfer, completion of a project retirement or termination of employment. g. The Contractor shall include the substance of this clause in all subcontracts at any tier where the subcontractor may have access to Government facilities, sensitive information, or resources. 11. 1252.239-70 SECURITY REQUIREMENTS FOR UNCLASSIFIED INFORMATION TECHNOLOGY RESOURCES (APR 2005) (a) The Contractor shall be responsible for Information Technology security for all systems connected to a Department of Transportation (DOT) network or operated by the Contractor for DOT, regardless of location. This clause is applicable to all or any part of the contract that includes information technology resources or services in which the Contractor has physical or electronic access to DOT's sensitive information that directly supports the mission of DOT. The term information technology, as used in this clause, means any equipment or interconnected system or subsystem of equipment, including telecommunications equipment that is used in the automatic acquisition, storage, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information. This includes both major applications and general support systems as defined by OMB Circular A-130. Examples of tasks that require security provisions include: (1) Hosting of DOT e-Government sites or other IT operations; (2) Acquisition, transmission or analysis of data owned by DOT with significant replacement cost should the contractor's copy be corrupted; and (3) Access to DOT general support systems/major applications at a level beyond that granted the general public, e.g. bypassing a firewall. (b) The Contractor shall develop, provide, implement, and maintain an IT Security Plan. This plan shall describe the processes and procedures that will be followed to ensure appropriate security of IT resources that are developed, processed, or used under this contract. The plan shall describe those parts of the contract to which this clause applies. The Contractor's IT Security Plan shall comply with applicable Federal Laws that include, but are not limited to, 40 U.S.C. 11331, the Federal Information Security Management Act (FISMA) of 2002 and the E-Government Act of 2002. The plan shall meet IT security requirements in accordance with Federal and DOT policies and procedures, as they may be amended from time to time during the term of this contract that include, but are not limited to: (1) OMB Circular A-130, Management of Federal Information Resources, Appendix III, Security of Federal Automated Information Resources; (2) National Institute of Standards and Technology (NIST) Guidelines; (3) Departmental Information Resource Management Manual (DIRMM) and associated guidelines; and (4) DOT Order 1630.2B, Personnel Security Management. (c) Within 30 days after contract award, the contractor shall submit the IT Security Plan to the DOT Contracting Officer for acceptance. This plan shall be consistent with and further detail the approach contained in the offeror's proposal or sealed bid that resulted in the award of this contract and in compliance with the requirements stated in this clause. The plan, as accepted by the Contracting Officer, shall be incorporated into the contract as a compliance document. The Contractor shall comply with the accepted plan. (d) Within 6 months after contract award, the contractor shall submit written proof of IT Security accreditation to the DOT for acceptance by the DOT Contracting Officer. Such written proof may be furnished either by the Contractor or by a third party. Accreditation must be in accordance with DOT Order 1350.2, which is available from the Contracting Officer upon request. This accreditation will include a final security plan, risk assessment, security test and evaluation, and disaster recovery plan/continuity of operations plan. This accreditation, when accepted by the Contracting Officer, shall be incorporated into the contract as a compliance document, and shall include a final security plan, a risk assessment, security test and evaluation, and disaster recovery/continuity of operations plan. The contractor shall comply with the accepted accreditation documentation. (e) On an annual basis, the contractor shall submit verification to the Contracting Officer that the IT Security Plan remains valid. (f) The contractor will ensure that the following banners are displayed on all DOT systems (both public and private) operated by the contractor prior to allowing anyone access to the system: Government Warning **WARNING**WARNING**WARNING** Unauthorized access is a violation of U.S. Law and Department of Transportation policy, and may result in criminal or administrative penalties. Users shall not access other user's or system files without proper authority. Absence of access controls IS NOT authorization for access! DOT information systems and related equipment are intended for communication, transmission, processing and storage of U.S. Government information. These systems and equipment are subject to monitoring by law enforcement and authorized Department officials. Monitoring may result in the acquisition, recording, and analysis of all data being communicated, transmitted, processed or stored in this system by law enforcement and authorized Department officials. Use of this system constitutes consent to such monitoring. **WARNING**WARNING**WARNING** (g) The contractor will ensure that the following banner is displayed on all DOT systems that contain Privacy Act information operated by the contractor prior to allowing anyone access to the system: This system contains information protected under the provisions of the Privacy Act of 1974 (Public Law 93-579). Any privacy information displayed on the screen or printed shall be protected from unauthorized disclosure. Employees who violate privacy safeguards may be subject to disciplinary actions, a fine of up to $5,000, or both. (h) Contractor personnel requiring privileged access or limited privileged access to systems operated by the Contractor for DOT or interconnected to a DOT network shall be screened at an appropriate level in accordance with DOT Order 1630.2B, Personnel Security Management, as it may be amended from time to time during the term of this contract. (i) The Contractor shall ensure that its employees, in performance of the contract performing under this contract, receive annual IT security training in accordance with OMB Circular A-130, FISMA, and NIST requirements, as they may be amended from time to time during the term of this contract, with a specific emphasis on rules of behavior. (j) The Contractor shall afford the Government access to the Contractors and subcontractors facilities, installations, operations, documentation, databases and personnel used in performance of the contract. Access shall be provided to the extent required to carry out a program of IT inspection (to include vulnerability testing), investigation and audit to safeguard against threats and hazards to the integrity, availability and confidentiality of DOT data or to the function of information technology systems operated on behalf of DOT, and to preserve evidence of computer crime. (k) The Contractor shall incorporate the substance of this clause in all subcontracts that meet the conditions in paragraph (a) of this clause. (l) The contractor shall immediately notify the contracting officer when an employee terminates employment that has access to DOT information systems or data. 12. 1252.242-73 CONTRACTING OFFICER'S REPRESENTATIVE (OCT 1994) (a) The Contracting Officer may designate Government personnel to act as the Contracting Officer's Representative (COR) to perform functions under the contract such as review and/or inspection and acceptance of supplies, services, including construction, and other functions of a technical nature. The Contracting Officer 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 Contracting Officer cannot authorize the COR or any other representative to sign documents (i.e., contracts, contract modifications, etc.) that require the signature of the Contracting Officer. Responsibility of the Contracting Officer's Representative The COR is the individual within the Program Management function who has overall technical responsibility for this effort. The COR supports the CO during administration of this effort by: Making final decisions regarding any recommended rejection of deliverables; Providing technical clarification relative to overall workload matters; Providing advice and guidance to the Contractor in the preparation of deliverables and services; Providing acceptance of deliverable products to assure compliance with requirements. The COR also provides technical direction to the Integrator (i.e., shifting work emphasis between areas of work; fills in details, or otherwise serves to accomplish the purposes of this effort). Technical direction shall be within the general statement of work for this effort. The COR does NOT have the authority to and may NOT issue any technical direction which: Constitutes an assignment of work outside the general scope of this effort; Constitutes a change as defined in the "Changes" clause; In any way causes an increase or decrease in cost or the time required for performance; Changes any of the terms, conditions, or other requirements of this effort; and Suspends or terminates any portion of this effort. All technical direction shall be issued in writing by the COR or shall be confirmed by the COR in writing within ten (10) calendar days after verbal issuance. A copy of the written direction shall be furnished to the CO. In addition to providing technical direction, the COR shall: Monitor the Contractor's technical progress, including surveillance and assessment of performance, and recommend to the CO, any changes in the requirement; Assist the Contractor in the resolution of technical problems encountered during performance; and Perform inspection and acceptance or recommendation for rejection of Contractor deliverables and identify deficiencies in delivered items. If in the opinion of the Contractor any instruction or direction issued by the COR is outside of their specific authority, the Contractor shall not proceed but shall notify the CO in writing within five (5) working days after receipt of any instruction or direction. 13. Section 508 Compliance All electronic information technology developed under this contract, including without limitation, a web page site for data information exchange, must be section 508 compliant. Section 508 of the Rehabilitation Act (29 U.S.C. 794d), as amended, requires that when Federal agencies develop, procure, maintain, or use electronic and information technology, they must ensure that it is accessible to people with disabilities, unless it would pose an undue burden to do so. Federal employees and members of the public who have disabilities must have access to and use of information and services that is comparable to the access and use available to non-disabled Federal employees and members of the public. FMCSA has determined that the following accessibility standards (36 CFR Part 1194) apply to this procurement under Section 508 of the Rehabilitation Act of 1973. 1194.21 Software Applications and Operating Systems: Provisions 1194.21a through 1194.21l 1194.22 Web-based Intranet and Internet Information and Applications: Provisions 1194.22a through 1194.22p Functional Performance Criteria: 1194.31a through 1194.31f Information, Documentation and Support: 1194.41a through 1194.41c 14. 1252.242-72 DISSEMINATION OF CONTRACT INFORMATION (OCT 1994) The Contractor shall not publish, permit to be published, or distribute for public consumption, any information, oral or written, concerning the results or conclusions made pursuant to the performance of this contract, without the prior written consent of the Contracting Officer. Two copies of any material proposed to be published or distributed shall be submitted to the Contracting Officer. 15. FMCSA-00002 Observance of Federal Holidays and Closure of FMCSA Facilities Observance of Federal Holidays and Closure of FMCSA Facilities (a)(1)The Federal Motor Carrier Safety Administration observes the following days as holidays- New Year's Day Birthday of Martin Luther King, Jr. Washington's Birthday Memorial Day Independence Day Labor Day Columbus Day Veterans Day Thanksgiving Day Christmas Day Any other day designated by Federal law, Executive Order or Presidential Proclamation. (2) When any holiday specified in (a) falls on a Saturday, the preceding Friday shall be observed. When any such holiday falls on a Sunday, the following Monday shall be observed. Observances of such days by Government personnel shall not be cause for additional period of performance or adjustment to the price or extension to the delivery schedule or entitlement to compensation except as set forth in the contract. If the contractor's personnel work on a holiday, no form of holiday or other premium compensation will be reimbursed either as a direct or indirect cost, unless authorized pursuant to an overtime clause elsewhere in this contract. (b)(1) FMCSA may close a FMCSA facility for all or a portion of a business day as a result of- (A) Granting administrative leave to non-essential FMCSA employees (e.g., unanticipated holiday); (B) Inclement weather; (C) Or any other reason. (2) In such cases, contractor personnel not classified as essential, i.e., not performing critical round-the-clock services or tasks, who are not already on duty at the facility, shall not report to the facility. Such contractor personnel alreadypresent shall be dismissed and shall leave the facility. (3) The contractor agrees to continue to provide sufficient personnel to perform round the-clock requirements of critical tasks already in operation or scheduled for performance during the period in which FMCSA employees are dismissed, and shall be guided by any specific instructions of the Contracting Officer or his/her duly authorized representative. (c) When contractor personnel services are not required or provided due to closure of a FMCSA facility as described in this clause, the contractor shall be compensated as follows- (1) For fixed price contracts, there would be no adjustment in the contractor's price as listed in the contract. (2) For cost-reimbursement, time-and-materials and labor-hour type contracts, FMCSA shall not reimburse as direct costs, the costs of salaries or wages of contractor personnel for the period during which such personnel are dismissed from, or do not have access to the facility. (d) In the event of shut-down due to a furlough of the Government or the Agency, contractor personnel will be dismissed from FMCSA facilities and shall not be reimbursed for any charges, expenses, cost, etc., during the furlough period(s). This requirement may not apply if the Contracting Officer determines in writing, among other factors, that all or some of the mission-critical tasks must continue or that work may continue at an available off-site location if the work is eligible to be performed off-site per the terms of the contract and there are no additional costs to the Government. Pricing Schedule Base Year 00001 Programmatic Evaluation, Data Analysis, and Administrative Support Services Quantity=12; Unit-Month; Amount $_______ 00002 Travel, Not-to-exceed, $2,500 $________ Total Base Year Option Year One 10001 Programmatic Evaluation, Data Analysis, and Administrative Support Services Quantity=12; Unit-Month; Amount $_______ 10002 Travel, Not-to-exceed, $2,750 $_________Total Option Year One Option Year Two 20001 Programmatic Evaluation, Data Analysis, and Administrative Support Services Quantity=12; Unit-Month; Amount $_______ 20002 Travel, Not-to-exceed, $3,150 $_________Total Option Year Two Option Year Three 30001 Programmatic Evaluation, Data Analysis, and Administrative Support Services Quantity=12; Unit-Month; Amount $_______ 30002 Travel, Not-to-exceed, $3,400 $_________Total Option Year Three Option Year Four 40001 Programmatic Evaluation, Data Analysis, and Administrative Support Services Quantity=12; Unit-Month; Amount $_______ 40002 Travel, Not-to-exceed, $3,350 $_________Total Option Year Four $_________ Total (Base Year, plus ALL options)
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