1 - RFQ 693JJ421Q000003.pdf

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

OFFEROR

693JJ4

FEDERAL MOTOR CARRIER SAFETY ADMINI

OFFICE OF ACQUISITION MANAGEMENT

1200 NEW JERSEY AVE SE

WASHINGTON DC 20590

FMCSA MC-R CODE 16. ADMINISTERED BYCODE

X

X

518210

SIZE STANDARD:

% FOR:SET ASIDE:UNRESTRICTED OR693JJ4

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

10/27/2020 (No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIME

12/08/2020 1000 ES

b. TELEPHONE NUMBERa. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

5.

SOLICITATION NUMBER

693JJ421Q000003

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS PAGE OF

1 2

1. REQUISITION NUMBER

MC-RS-21-33-00002OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

OFFICE OF THE AA

US DOT FEDERAL MOTOR CARRIER SAFETY ADMIN

1200 NEW JERSEY AVE SE

WASHINGTON DC 20590

15. DELIVER TO

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$35.00

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULEX

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

FEDERAL MOTOR CARRIER SAFETY ADMINI

OFFICE OF ACQUISITION MANAGEMENT

1200 NEW JERSEY AVE SE

WASHINGTON DC 20590

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

This is a competitive solicitation (Request for Quotation) in support of the attached Statement of Work entitled, Pre-Employment Screening Program (PSP) Support and Services for the U.S.

Department of Transportation, Federal Motor Carrier Safety Administration. The solicitation is unrestricted, open to both large business and small business concerns. It is the government's intent to award a NO-COST contract resulting from this solicitation.

(Use Reverse and/or Attach Additional Sheets as Necessary)

HEREIN, IS ACCEPTED AS TO ITEMS:

X

DATED . YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

ARE

ARE

31c. DATE SIGNED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

OFFER

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

30b. NAME AND TITLE OF SIGNER (Type or print)

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 1

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT:

REF.

Prattsie.Artis@dot.gov 202-385-2466 Deila.Johnson@dot.gov 202-366-7288 prattsie.artis Underline

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

STANDARD FORM 1449 (REV. 2/2012) BACK

24.

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UNIT

21.

QUANTITY

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SCHEDULE OF SUPPLIES/SERVICES

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ITEM NO.

00001

00002

00003

00004

00005

Attachments Solicitation Instructions Statement of Work

TRANSITION PERIOD, PHASE-IN

POP: 90 Days (Dates to be completed at award)

BASE PERIOD

(Dates to be completed at award)

OPTION PERIOD ONE

(Option Line Item) (POP: Dates to be completed at award)

OPTION PERIOD TWO

(Option Line Item) (POP: Dates to be completed at award)

OPTION PERIOD THREE

(Option Line Item) (POP: Dates to be completed at award)

OPTION PERIOD FOUR

(Option Line Item) (POP: Dates to be completed at award)

TRANSITION PERIOD, PHASE-OUT

(Option Line Item) POP: 90 Days (Dates to be completed at award)

TOTAL,BASE AND ALL OPTION PERIODS: $0.00

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

2 2 of

00006

00007

Solicitation No. 693JJ421Q000003 - Instructions 1

Solicitation No. 693JJ421Q000003 is issued as a Request for Quotation (RFQ). The NAICS code is

518210. The Federal Motor Carrier Safety Administration (FMCSA), a bureau of the U.S. Department of

Transportation, has a requirement for Pre-Employment Screening Program (PSP) Support and

Services. The period of performance includes a Transition Periods, Base Period of 12 months, plus four

(4) 12-month Option Periods. The place of delivery and government acceptance shall be at the contractor’s site. The government intends the resultant award to be a No-Cost type contract.

The resultant contract shall be subject to public law and executive order in effect at the time of execution.

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. Firms shall offer to perform all the requirements. The

Government will evaluate quotes in accordance with the evaluation factors set forth in this RFQ. The resultant No-Cost (zero dollar) Contract shall be binding.

The Instructions to Offerors

Firms shall submit a complete quotation in two volumes as described below. Quotations shall remain valid for 120 days. 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 using Times New Roman or

Arial font, 12 pitch type (or equivalent) and printed, unreduced in size, on 8-1/2" by 11" paper, single sided, inclusive of resumes and related corporate experience. Note. The Offeror may use a font pitch smaller than 12 within figures and tables provided that any such smaller font is fully legible. Offers shall not exceed the page limitation. All pages exceeding the stated page limitations shall be disregarded, and will not be included in the quote evaluation. Each page in the quotation shall be separately numbered. A single copy of the quotation shall be submitted by email as an electronic file in MS Word or

Adobe Acrobat. Offerors shall submit its quote in a single (1) email entitled, “SUBJECT: RFQ No.

693JJ420Q000009 – (OFFEROR NAME)”. The email shall not exceed 8MB.

Offers

All offers shall include two Volumes.

Volume I shall address Technical, Corporate, Management and Security.

Volume II shall address Business and Third-Party Pricing Structure.

Solicitation No. 693JJ421Q000003 - Instructions 2

Volume I – Technical, Corporate, Management, and Security

1. Technical Approach and Capability – Not to exceed 30 pages

The offer shall include information on how the project is to be organized, staffed, and managed that addresses each task stated in Section 5.0, Requirements of the Statement of Work. Information should be provided which will demonstrate the offeror's understanding of important events or tasks.

shall provide a complete description of their technical capability and approach for the Statement of

Work requirements. Technical approach and capability shall set forth in the most comprehensive manner the Offeror’s technical understanding and approach to performing all the specified requirements. The technical capability and approach shall present a clear, concise description of how the Offeror plans to accomplish the technical efforts defined in the Statement of Work. The technical quote must address (corporate, other) experience and provide the general background, experience, and qualifications of the organization. The technical quote must contain a discussion of present or proposed facilities and equipment which will be used in the performance of the contract. Failure to provide any information may result in the Offeror being removed from consideration. The Offeror must demonstrate that its firm possesses the resources and expertise to accomplish this requirement.

The Offeror must demonstrate a technical understanding of the requirement and should not simply restate the Work Statement requirements.

2. Corporate Experience and Past Performance - Not to exceed 10 pages

The offer shall demonstrate general knowledge and relative corporate experience. The technical quote must include a list of names and proposed duties of the professional personnel, consultants, and key subcontractor employees assigned to the project. The offer shall provide the resume of its Key

Personnel which shall include education, background, qualifications (advanced degrees in relevant area of study), recent work experience, and technical accomplishments. The approximate percentage of time of the proposed individual will be available for this project.

The Offeror shall provide a complete description of their Past Performance/experience. The Offeror’s quote will be evaluated to determine the extent to which it demonstrates performance and experience at a level similar in size, scope and complexity and ensures an appropriate level of confidence that the requirements as described in the Work Statement will be met. Past performance information is evaluated as a predictor of future contract performance. Using past performance information for each

Offeror, the Government will assess the probability that the requirement will be successfully completed in accordance with contract terms. The Government will evaluate the merits of the

Offeror's past performance on the basis of its performance record. The Government will consider the following areas in its evaluation of past performance:

(1) Timeliness – Delivery or Performance

(2) Quality of products or services provided

(3) Cost control

(4) Relevance of the prior work to the requirements of the solicitation including scope, size, and currency.

(5) Overall management of the project

(6) Compliance with subcontracting plans/goals

(7) General trends in past performance.

The Government will consider past performance information submitted by the Offeror on its predecessor companies, key personnel who have relevant experience, or its performance as a subcontractor performing major or critical aspects of the requirement. Offerors may provide

Solicitation No. 693JJ421Q000003 - Instructions 3 information on problems encountered on identified contracts and the Offeror's corrective actions. The

Government reserves the right to assess the past performance of proposed subcontractors. The

Government will use its discretion to determine the sources of past performance information used in the evaluation, and the information may be obtained from references provided by the Offeror, the agency’s knowledge of contractor performance, other government agencies or commercial entities, or past performance databases.

The offer shall include a demonstrated record, within the past three (3) years as confirmed by references, of successful past performance, including quality of services, compliance with Work

Statement requirements, contract management, and customer satisfaction. The offer shall include past performance references for no more than five relevant contracts or subcontracts performed by the

Offeror, its predecessor companies, its key personnel who have relevant experience, or its performance as a subcontractor performing major or critical aspects of the requirement, relevant contracts/subcontractors are those similar in nature to the requirements of the solicitation. For each reference, the Offeror shall identify the following information:

A. Name and address of the company/agency

B. Points of contact

C. Telephone numbers and email addresses

D. Contract type and number

E. Identify if role as Prime or Subcontractor

F. Original Value

G. Current Value

H. Explanation of Cost Growth

I. Period of Performance

J. Project Start Date

K. Original Completion Date

L. Explanation of any Delays

M. Type of work performed

N. Problems encountered and their resolutions

O. Any subcontractors or partnerships

In the case of an Offeror without a record of relevant past performance or for whom information on past performance is not available, the Offeror will not be evaluated favorably or unfavorably. If there is no past performance, the Offeror shall receive a “neutral” rating.

3. Management Approach and Third-Party Pricing Structure – Not to exceed 10 pages

The Offeror shall ensure that its quote clearly demonstrates a thorough understanding of the objectives and requirements contained in the Statement of Work, Sections 6 (Schedule of

Deliverables) and 7 (Transition Planning), and Appendix A (Terms and Conditions for FMCSA PSP

Support and Services). The technical quote must provide a comprehensive plan for project management, a methodology and statistical analysis approach. The offer should also describe how the work will be performed with respect to managing the processes and procedures. The offeror shall detail how the management and coordination of consultant and subcontractor efforts will be accomplished.

The offer shall describe how the contractor intends to manage and align its resources for the Third-

Party Pricing Structure where FMCSA provides a snapshot or extract of the Driver Information

Resource database to the Offeror which satisfies the Statement of Work’s objectives and requirements. As stated in Appendix A, Section 5 (Payment), the Government is not responsible for

Solicitation No. 693JJ421Q000003 - Instructions 4 the payment of any funds for services performed by Contractor, unless otherwise specifically agreed to in writing by the parties. The Offeror understands that this is a "No Cost" contract, and that the compensation for services rendered shall be derived from the collection of Transaction Fees exclusively (refer to Section 5.1.13.)

4. IT Security Plan – No page limit

The Offeror shall ensure that its quote clearly demonstrates a thorough understanding of the security objectives and requirements contained in the Statement of Work, Sections 1.2, 1.4, 4.0, 5.3, and 5.4.

The offer shall include a plan to satisfy Security-Privacy requirements for Unclassified Information

Technology Resources described in Appendix B-Security/Data Requirements. In addition, the offer shall include specialized data management experience, secure industry standard electronic payment solutions, online transaction processing, and the ability to host and transfer large quantities of data across secure channels.

Volume II – Business and Third-Party Pricing Structure

The Offer shall include written confirmation of the offeror’s registry at www.sam.gov, i.e., DUNS, NAICS.

The contractor shall provide an itemized price breakdown of its Third-Party Pricing Structure for the Base and each Option Period. The quote shall demonstrate a reasonable relationship between the services offered and the Third-Party Pricing Structure for those services. As set forth in the Statement of Work, Section 5, the “Contractor shall not charge any motor carrier more than the U.S. Department of

Transportation is authorized to charge for the requested information under FOIA for search fees, and for duplication fees (i.e., paper copies), as applicable.”

The proposed pricing structure will be evaluated but the Government will not rate or score the fee. The

Government will assess the pricing scheme for fairness, reasonableness, and completeness. The evaluation will determine whether the proposed amounts are complete and sufficiently priced to cover the proposed services. 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.

Proposed pricing scheme must be entirely compatible with the technical quote and consistent with the pricing requirements listed in this solicitation. Important. Offers that exceed the amount of FOIA search fees shall be deemed non-responsive.

Note. For purposes of this No-Cost Contract, the resultant contract award will include a Contract Pricing

Schedule consisting of the Transition Periods, Base Period, and Option Periods all priced at $0.00 (zero dollars) to the government, as illustrated below.

CLIN Description Amount (No-Cost Contract)

00001 Transition Period, Phase-in, 90 days $0.00 (zero dollars)

00002 Base Period, 12 months $0.00 (zero dollars)

00003 Option Period One, 12 months $0.00 (zero dollars)

00004 Option Period Two, 12 months $0.00 (zero dollars)

00005 Option Period Three, 12 months $0.00 (zero dollars)

00006 Option Period Four, 12 months $0.00 (zero dollars)

00007 Transition Period, Phase-out, 90 days $0.00 (zero dollars) http://www.sam.gov/

Solicitation No. 693JJ421Q000003 - Instructions 5

Best Value Evaluation

This is a competitive acquisition. Award will be made to the Offeror(s) whose quote conforms to the solicitation requirements; who is determined responsible by possessing the financial and other capabilities to fulfill the requirements of the contract; and whose quote is evaluated by an integrated assessment of price and non-price evaluation factors, to provide the best value to the Government.

Evaluation of Quotes

1. Initial Evaluation of Quotes – All offers received will be evaluated in accordance with the stated evaluation factors. The Government intends to make an award without discussions based solely upon initial offers. Therefore, Offerors should ensure that their initial quote constitutes their best offer. Notwithstanding, the Government reserves the right to hold discussions if determined to be in the Government’s best interest to do so.

2. Discussions/Revised Quotes – If discussions are held, the Contracting Officer will establish a competitive range comprised of the most highly rated offers. If the Contracting Officer determines that the number of offers that would otherwise be in the competitive range exceeds the number at which an efficient competition can be conducted, the Contracting Officer may limit the number of offers in the competitive range to the greatest number that will permit an efficient competition among the most highly-rated offers. Only those Offerors in the competitive range will be offered an opportunity to participate further in the procurement.

i. The Contracting Officer will engage in discussions with all Offerors in the competitive range.

At the conclusion of discussions, a final common cut-off date for submission of revised quotes will be established. Those Offerors remaining in the competitive range will be invited to submit revised quotes.

ii. Evaluation of Offers – A final evaluation will be conducted after receipt of revised quotes.

Basis for Award

The objective of the source selection is to select the quotation that represents the Best Value to the

Government. All evaluation factors that affect contract award and their relative importance are set forth in the solicitation. The evaluation factors are listed in descending order of importance. While Third-

Party Price Structure will not receive an adjectival rating, it shall be evaluated.

All offers received will be evaluated in accordance with the stated evaluation factors. The Government intends to make an award without discussions based solely upon initial quotes. Therefore, Offerors should ensure that their initial quote constitutes their best offer in terms of both price and the technical solution being proposed. Notwithstanding, the Government reserves the right to hold discussions if determined to be in the Government’s best interest to do so.

Solicitation No. 693JJ421Q000003 - Instructions 6

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 descending order of importance.

1. Technical Approach and Capability

2. Corporate Experience and Past Performance

3. Management Approach and Third-Party Pricing Structure

4. IT Security Plan

The evaluation will be based on use of an adjectival scheme as follows:

Solicitation No. 693JJ421Q000003 - Instructions 7

Ratings Description

Exceptional The quote has superior merit and reflects an excellent approach which should clearly result in the superior attainment of all requirements and objectives. The proposed approach includes numerous substantial significant strengths and advantages, and no significant weaknesses or weaknesses and disadvantages, and can be expected to result in outstanding performance. The solutions proposed are considered to have no risk, are exceptionally clear, precise, fully supported, and demonstrate a complete understanding of the requirements.

Very Good The quote demonstrates a sound approach which is expected to meet all requirements and objectives. This approach includes substantial strengths and advantages, and few significant weaknesses or weaknesses and disadvantages, which collectively can be expected to result in better than satisfactory performance. The solutions proposed are considered to reflect low risk in that they are clear, precise, supported, and demonstrate a clear understanding of the requirements.

Satisfactory The quote demonstrates an approach which is capable of meeting all requirements and objectives. The approach has some strengths and advantages but also significant weaknesses or weaknesses and disadvantages, however the weaknesses and disadvantages do not outweigh the strengths and advantages and the approach can be expected to result in satisfactory performance. The solutions proposed are considered to reflect moderate risks in that they are, for the most part, clear, precise, supported, and demonstrate a general understanding of all the requirements.

Marginal The quote does not meet some contractual requirements. This approach has few strengths and advantages and significant weaknesses and disadvantages. The solutions proposed for one or more element or sub-elements being evaluated reflect a serious flaw that can be expected to result in high risk of unsuccessful performance.

Unsatisfactory The quote demonstrates an approach which does not meet the requirements or objectives. The approach has significant weakness and disadvantages and no strengths and advantages. The solutions proposed are considered to reflect very high risk in that the solution lacks clarity and/or precision, and is unsupported or indicate a lack of understanding of the requirement(s). The quote is deficient.

Solicitation No. 693JJ421Q000003 - Instructions 8

The Past Performance evaluation shall use this risk-based rating scale.

Rating Definition and Criteria

Low Risk

(LR)

Verification of past performance shows that offeror consistently meets work schedules, provides specified services, meets contract terms without failure or resolves issues immediately, and has not been defaulted on any contract within the past three years.

Moderate

Risk (MR)

Verification of past performance shows that offeror meets work schedules and specified services most of the time, meets contract terms without failure or resolves issues immediately, and has not been defaulted on any contract within the past three years.

High Risk

(HR)

Verification of past performance shows that offeror has consistently not met work schedules and other obligations, has defaulted on at least one contract within the past three years, or has chronically failed to meet contract terms, or the past performance information is not relevant to this requirement.

Neutral (N) No record of past performance or contact information (telephone, facsimile, or electronic mail address) is available and/or is not valid and/or the points of contact or agencies could not be reached.

Solicitation No. 693JJ421Q000003 - Instructions 9

Non-Responsive Offers

Offers that are incomplete (missing the requested documentation) shall be deemed non-responsive.

Offers that propose to complete only a portion of the requirement set forth in the Statement of Work shall be deemed non-responsive. Offers that propose Third-Party pricing that exceeds the amount of FOIA search fees shall be deemed non-responsive.

Offers deemed to be non-responsive shall be removed and not evaluated for award consideration.

Unsatisfactory Offers

A Quote receiving an “Unsatisfactory” rating in one or more criteria may be removed for continued evaluation or further consideration for contract award.

Offeror questions

Questions concerning the RFQ shall be submitted electronically to the Contract Specialist and

Contracting Officer, respectively, Prattsie.Artis@dot.gov and Deila.Johnson@dot.gov by November 10, 2020, 10:00 a.m. eastern standard time.

Caution. Communications with other government officials may compromise the competitiveness of this acquisition, and result in the disqualification of the Offeror and/or cancellation of the solicitation.

Format for Questions: Each prospective Offeror should attempt to state each question in such a way the publication of that question (and its answer) would not divulge any information that could be deemed proprietary or confidential.

This RFQ is being transmitted electronically. Offerors are reminded that if you download copies of this or any other solicitation you will not automatically receive amendments to those solicitations. It is your firm’s responsibility to check back frequently to the download source to see if any amendments have been issued to the solicitation. All amendments will be posted to and downloadable from https://beta.sam.gov.

Submission of Quotations

Interested firms shall submit its written quotation electronically to the Contract Specialist and Contracting

Officer, respectively, at Prattsie.Artis@dot.gov and Deila.Johnson@dot.gov by not later than the date and time set forth in SF1449, Item 8. The office address for all correspondence is U.S.DOT/FMCSA, Office of Acquisitions Management, 1200 New Jersey Avenue, S.E., Washington, DC, 20590.

mailto:Prattsie.Artis@dot.gov mailto:Deila.Johnson@dot.gov mailto:Prattsie.Artis@dot.gov mailto:Deila.Johnson@dot.gov

Solicitation No. 693JJ421Q000003 – Statement of Work Page 1

STATEMENT OF WORK

FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION

PRE-EMPLOYMENT SCREENING PROGRAM (PSP) SUPPORT AND SERVICES

August 2020

1.0 SCOPE

1.1 Background

Title 49 of the U.S. Code, section 31150, titled “Safety performance history screening” as adopted as Public Law 109-59 section 4117 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) requires the Federal Motor Carrier Safety Administration (FMCSA) to provide persons conducting pre-employment screening services for the motor carrier industry electronic access to crash and inspection data in FMCSA’s Motor Carrier Management Information System (MCMIS).

The full text of the statute is as follows:

Sec. 31150. Safety performance history screening.

(a) In General. The Secretary of Transportation shall provide persons conducting pre-employment screening services for the motor carrier industry electronic access to the following reports contained in the Motor Carrier Management Information System:

(1) Commercial motor vehicle accident reports.

(2) Inspection reports that contain no driver-related safety violations.

(3) Serious driver-related safety violation inspection reports.

(b) Conditions on Providing Access. Before providing a person access to the Motor Carrier Management Information System under subsection (a), the Secretary shall –

(1) Ensure that any information that is released to such person will be in accordance with the Fair Credit Reporting Act (15 U.S.C. 1681 et seq.) and all other applicable Federal law; the contractor shall further be subjected to the civil liabilities for willful or negligent noncompliance of the FCRA and shall be required to indemnify the government from same;

(2) Ensure that such person will not conduct a screening without the operator-applicant's written consent;

(3) Ensure that any information that is released to such person will not be released to any person or entity, other than the motor carrier requesting the screening services or the operator- applicant, unless expressly authorized or required by law; and

(4) Provide a procedure for the operator-applicant to correct inaccurate information in the System in a timely manner.

(c) Design. The process for providing access to the Motor Carrier Management Information System under subsection (a) shall be designed to assist the motor carrier industry in assessing an individual operator's crash and serious safety violation inspection history as a pre-employment condition. Use of the process shall not be mandatory and may only be used during the pre-employment assessment of an operator-applicant.

Solicitation No. 693JJ421Q000003 – Statement of Work Page 2

(d) Serious Driver-Related Safety Violation Defined. In this section, the term "serious driver-related violation" means a violation by an operator of a commercial motor vehicle that the Secretary determines will result in the operator being prohibited from continuing to operate a commercial motor vehicle until the violation is corrected.

In 2006, FMCSA released the Driver Information Resource (DIR) for use by FMCSA and State partner enforcement personnel. The DIR creates a “driver profile” using the Motor Carrier Management Information System (MCMIS) crash and inspection data. The DIR is comprised of crash data from the past five years and inspection data from the past three years from MCMIS, organized by driver characteristics utilizing matching algorithms and data clean-up techniques. Current access to the DIR is restricted by password and is not available to the public or motor carriers.

Making the DIR available to entities hiring operators of motor carriers is the core component of the statutory requirement. In 2006, FMCSA considered and analyzed the options for FMCSA to meet the requirements of section 31150. Two general strategies were considered: (1) an “in-house” option, where FMCSA would develop the relevant systems and administer the entire program itself, and (2) a “third party” option where the DIR data would be distributed to companies or service providers able to meet strict laws, regulations and guidelines and assist FMCSA to meet the requirements of the Pre- Employment Screening Program (PSP). After reviewing requirements, efficiencies in systems, and legal, logistical and fiscal options, FMCSA has decided to solicit the assistance of offerors via the “third party option.” FMCSA would provide a snapshot, or “extract” of the DIR database to contractor(s) able to meet specific measures based on FMCSA policy, applicable federal laws and guidance.

In addition, FMCSA currently has a system in place to meet the requirement of section 31150(b)(4). The FMCSA DataQ’s system is currently available to motor carriers to challenge data and correct data in the MCMIS system. FMCSA is not seeking assistance in complying with section 31150(b)(4).

In May 2010, FMCSA launched PSP, a safety initiative that provide trucking and bus companies with secure, instant access to commercial drivers’ crash and inspection histories during the hiring process. By offering access to a driver’s five-year crash history and three-year roadside inspection history, PSP informs hiring decisions that help FMCSA achieve its mission to reduce crashes, injuries, and fatalities involving large trucks and buses and lead to improved commercial motor vehicle safety on the Nation’s roadways.

MCMIS DIR DATABASE IS THE PROPERTY OF THE U.S. GOVERNMENT AND THE FEDERAL MOTOR

CARRIER SAFETY ADMINISTRATION. IT IS NOT PUBLIC INFORMATION AND ITS USE IS LIMITED TO THE

EXPRESS PROVISIONS OF THIS STATEMENT OF WORK AND THE TERMS AND CONDITIONS OF THE

RESULTING CONTRACT.

1.2 Purpose / Objectives

The purpose of the Statement of Work (SOW) is to assist FMCSA in meeting certain aspects of the pre-employment screening requirements of Section 31150. The specific objectives of the Pre-Employment Screening Program (PSP) are aligned with the requirements of the statute:

Solicitation No. 693JJ421Q000003 – Statement of Work Page 3

• Provide driver-related Motor Carrier Management Information System (MCMIS) safety and inspection data to motor carriers requesting the screening service, industry service providers requesting the screening service on behalf of a motor carrier or operator- applicant, or to the requesting operator-applicant (for his/her personal data) in a timely and professional manner;

• Release data only with the account holder’s attestation that they have received the operator-applicant’s written consent or consent provided through FMCSA approved electronic means; and

• Maintenance, handling, storage, and distribution of FMCSA MCMIS data must conform to applicable laws, rules, regulations and policies.

Certain requirements of the PSP will be the responsibility of FMCSA and SHALL NOT be performed by the Contractor(s):

• FMCSA will be responsible for any other release of data to any person or entity other than the motor carrier or industry service provider (or representative) requesting the screening information or the operator-applicant as required in section 31150(b)(3);

• FMCSA will be responsible for the integrity of the MCMIS data and will provide a procedure for the owner-operator to correct inaccurate information via the DataQs system currently maintained by FMCSA;

• FMCSA will be responsible for ensuring the participating contactor has access to the Agency’s Information Technolgoy cloud environment and hosting services; and

• FMCSA will be responsible for performing audits of the participating Contractor(s) to ensure performance and security objectives are being met.

1.3 Government Terms and Conditions/Definitions

Appendix A contains the Terms and Conditions for the PSP Support and Services contract, and a list of definitions, acronyms, and abbreviations commonly used within the FMCSA community and for this particular project.

1.4 Security/Data Requirements

Appendix B contains prevailing Department of Transportation (DOT) FMCSA, and Federal Information Technology (IT) Security standards, policies and reporting requirements.

2.0 GOVERNMENT FURNISHED RESOURCES

FMCSA will furnish the following to the Contractor(s):

• Five years of driver crash data and three years of driver inspection data as reported to the Motor Carrier Management Information System (MCMIS). The data will be organized by driver characteristic as found in the Driver Information Resource (DIR), currently used by FMCSA and State Motor Carrier Safety Assistance Program (MCSAP) inspection officers.

The DIR data will be provided periodically, most likely on a monthly or bi-monthly basis from FMCSA.

• A description of how the MCMIS data has been arranged and the criteria for the matching algorithms in the DIR.

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• Procedures for obtaining the DIR data extract in a secure and efficient manner.

• Access to FMCSA’s IT cloud environment and hosting services (see Section 1.4), as well as Federal and Department policies, standards and guidance as they apply to operations prescribed within this statement of work.

3.0 CONTRACTOR FURNISHED PROPERTY AND PERSONNEL

The Contractor(s) shall furnish all facilities, materials, equipment, and services necessary to fulfill the requirements of each task specified in the Statement of Work (SOW), with the exception of items identified in Section 2.0.

The Contractor(s) shall have experienced personnel working on this program with the following qualifications:

(1) Program manager with a minimum of 5 years experience managing no-cost government contract(s).

(2) Demonstrated expertise with marketing government programs to the motor carrier industry.

(3) Individuals with project management certificates to include Project Management Professional (PMP) or Certified Scrum Master.

(4) IT security expert with Certified Authorization Professional (CAP) designation.

(5) Information Technology Infrastructure Library (ITIL)-certified help desk or customer support manager.

4.0 INSPECTION AND ACCEPTANCE CRITERIA

Criteria for evaluating applicants will include:

• Ability and institutional capacity to handle a large volume of requests from motor carriers, industry service providers and drivers. This includes the ability to distribute the required data in a timely fashion and the ability to provide customer service in support of the distribution of the data such as handling inquiries, concerns and resolving disputes which are related to the offeror’s operations. FMCSA estimates that approximately 140,000 PSP records may be processed monthly, or nearly 1.7 million annually.

• The information technology infrastructure shall be equipped with hardware and software that can handle the operational, technical, security and privacy requirements documented with this SOW. This includes but not is limited to adherence to the following:

a. encryption of sensitive data in transit and at rest,

b. audit and monitor identification, authentication and access to sensitive data,

c. boundary protection and sensitive data isolation from public access or access channels through shared resources; i.e., peer-to-peer networks, instant messaging, internet, intranet and extranet,

d. contractor must build and use their own payment processing solution for PSP that is in compliance with Payment Card Industry’s Data Security Standards (PCI/DSS), as well as all applicable federal privacy and security laws, Solicitation No. 693JJ421Q000003 – Statement of Work Page 5

e. prohibition on user remote access to data, and

f. intrusion detection and prevention system.

• Past performance in handling privacy information, maintaining data integrity, and preventing loss, theft, or accidental viewing or release of sensitive data.

• Past performance of at least three (3) no-cost, prime contracts with the government will be reviewed for acceptable performance.

• Sufficient knowledge of the motor carrier industry to be able to anticipate specific industry needs and demands that would influence the development and deployment of an operational environment to meet these requirements.

5.0 REQUIREMENTS

The Contractor(s) shall assist FMCSA with aspects of the PSP and meet the performance standards in providing these services as described below.

5.1 TASK 1: Provide driver-related MCMIS safety and inspection data to motor carriers and industry service providers requesting the screening service or to the requesting operator-applicant (for their particular data).

5.1.1 The Contractor(s) shall develop a process by which operator-applicants can release their MCMIS crash and inspection data file to motor carriers with whom the operator-applicant is seeking employment.

5.1.2 The Contractor(s) shall develop a process by which the operator-applicant may obtain his/her own MCMIS crash and inspection data file.

5.1.3 The Contractor(s) SHALL NOT alter MCMIS data found in the DIR or attempt to address the integrity of data provided by FMCSA. If a data discrepancy is discovered, FMCSA will provide a process for operator-applicants to correct data in their record.

5.1.4 The Contractor(s) shall have and maintain the capacity to handle the expected high volume of requests for driver records as well as provide quality customer service to motor carriers, industry service providers, and operator-applicants.

Quality customer service is consistently meeting or exceeding the needs of customers. This shall include telephone, fax, e-mail, chat, and mail inquiries capabilities. Inquires must be handled in a reasonable, customer-friendly time frame that allows for motor carriers to review the driver data prior to employment.

5.1.5 The Contractor(s) shall provide a toll-free PSP call center that will be available business days.

5.1.6 The Contractor(s) shall have a robust, searchable Frequently Asked Questions page that is available on the PSP web site.

5.1.7 The Contractor(s) shall provide an online tool to facilitate the PSP enrollment experience.

5.1.8 The Contractor(s) shall receive and review account holder enrollment agreements.

Upon review the Contractor(s) shall approve or reject the enrollment agreement

Solicitation No. 693JJ421Q000003 – Statement of Work Page 6 according to agreed-upon criteria communicated by FMCSA to the Contractor(s).

5.1.9 The Contractor(s) shall maintain and support account credentials for all PSP account holder users.

5.1.10 The Contractor(s) shall perform identity verification on operator-applicants accessing PSP to access their personal PSP record.

5.1.11 The Contractor(s) shall support account credentials for operator-applicants whose identity has been verified.

5.1.12 The Contractor(s) shall handle, store, and disseminate data according to the requirements of section 5.2 and 5.3 below.

5.1.13 The Contractor(s) shall not charge any motor carrier more than the U.S.

Department of Transportation is authorized to charge for the requested information under the Freedom of Information Act and the Department of Transportation Regulations (5 U.S.C. § 552 and 49 CFR Part 7.42).

5.1.14 The Contractor(s) shall have the system completed and ready for business within 90 days of the contract award.

5.1.15 The Contractor(s) shall develop standard operation procedures and supporting documentation to meet the requirements of this SOW and provide these documents to FMCSA for review as per Section 6.0 below.

5.1.16 The Contractor(s) shall make PSP available and functional in the latest version of major industry-standard internet browsers.

5.1.17 The Contractor(s) shall make PSP available in a responsive-design framework, so that PSP automatically adjusts to accommodate a mobile device used by the site visitor.

5.1.18 The Contractor(s) shall handle the information in accordance with the Privacy Act, the Fair Credit Reporting Act and other Federal requirements and policies regarding the protection of privacy.

5.2 TASK 2: Release data only with the attestation that the motor carrier or industry service provider has obtained the operator-applicant’s written consent or consent provided through FMCSA approved electronic means. Audit the written consent attestation in accordance with Task 7.

5.2.1 The Contractor(s) shall provide the crash and inspection data file of an operator-applicant only after receiving the explicit attestation of the operator-applicant, the motor carrier(s), or the industry service provider(s) indicated by the operator-applicant. The vendor agrees to indemnify and hold harmless the FMCSA for all damages or terms related to willful, knowing or negligent violations of the Fair Credit Reporting Act (FCRA). The Vendor further understands that the FMCSA will not indemnify vendor for any damages or harms related to willful, unknowing or negligent violations of the FCRA.

5.2.2 The Contractor(s) shall develop or possess a system and process to meet the requirements of this Task standard and shall accomplish the requirements of the PSP as well as adhere to all applicable rules, laws, policies and requirements

Solicitation No. 693JJ421Q000003 – Statement of Work Page 7 outlined in this SOW. See additional security requirements in Section 1.4, and Appendices B and C.

5.2.3 The data provided shall be accurate and complete data as provided by FMCSA through the MCMIS system and reflect the data from the most recent DIR data extract provided by FMCSA. The Contractor(s) shall obtain the most recent DIR data extract within 2 business days of its release and incorporate the new data into its operations for distribution within 3 business days. Once the new data is incorporated, the Contractor(s) shall distribute a notification to account holders and operator-applicants.

5.2.4 Under no circumstances is an operator-applicant’s MCMIS data file allowed to be disseminated or distributed to anyone other than the FMCSA-approved IT cloud environment and hosting services, Contractor(s) or, the operator-applicant, or the operator-applicant-approved motor carrier or industry service provider to whom the operator-applicant has consented to receive data consistent with the requirements of this Task without explicit, documented FMCSA permission.

5.3 TASK 3: Maintenance, handling, storage, and distribution of FMCSA MCMIS data must conform to applicable laws, rules, regulations and policies which are within the Contractor’s purview.

5.3.1 The Contractor(s) will be required to meet the applicable federal security requirements and provide upon request, documented assurance and evidence that controls are in place and operating as intended to prevent MCMIS data from unintended releases, thefts, manipulation, or dissemination.

5.3.2 The Contractor(s) shall develop processes and systems to protect the FMCSA-supplied data from unauthorized disclosures, thefts, manipulation, or dissemination, in accordance with federal security requirements, including the Driver Privacy Procedure Act of 1994, as amended (1818 U.S.C. 2721 et seq.) and this SOW.

5.3.3 The Contractor(s) shall establish controls to prevent and detect data exposures using data intrusion and detection alert program(s). This includes the unauthorized viewing, copying, printing, distributing, or accessing the DIR file provided to the Contractor(s).

5.3.4 The Contractor(s) shall ensure that Sensitive Personally Identifiable Information (SPII) exposures are reported to the FMCSA Contracting Officer’s Representative (COR) immediately upon discovery, regardless of the completeness of the exposure event information. In the event of an exposure, the Contractor(s) shall assist FMCSA in providing notification to any applicable government agencies and individuals regarding the exposure in accordance with applicable Federal and State requirements.

5.4 TASK 4: Retention and use of MCMIS data is limited.

5.4.1 The MCMIS data supplied by FMCSA shall not be used for other purposes not specified in this SOW unless agreed to in advance and in writing by FMCSA.

5.4.2 The Contractor(s) shall not retain an archive copy of MCMIS data beyond 90 days from receipt of data. In the event the data extract is required to be used beyond

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90 days, the Contractor(s) shall submit written justification to Contracting Officer for authorization and receive written approval prior to archiving.

5.4.3 The FMCSA IT cloud hosting services shall sanitize electronic media in accordance with National Institute of Standards and Technology Special Publication 800-88, Revision 1 Guidelines for Media Sanitization, February 2015.

5.4.4 Upon contract termination, all data provided by FMCSA shall be removed and deleted from the contractor’s systems, electronically or otherwise.

5.5 TASK 5: Record keeping for FMCSA audits and reviews is required.

The following records and documentation shall be retained for the duration of the contract, unless expressly specified otherwise, and be made available to FMCSA authorized designated personnel upon request. The documentation shall be provided within 5 working days to FMCSA for periodic or random reviews, evaluations or audits of the contractor. The data shall be arrayed in a fashion that allows for logical evaluation and understanding. The required records and documentation shall be provided in a format agreed upon by FMCSA at the time of contract award and may be combined into fewer documents than listed.

5.5.1 Driver Consent File: The contractor shall retain any operator-applicant consent files in accordance with Task 7. These files contain the individual consent records of operator-applicants to release data from the DIR file, as collected by Contractor(s) according to periodic operator-applicant consent audits. The files must contain the legally-binding signature or signature authority, subject to any provisions or allowances of the Electronic Signature Act (15 U. S. C. § 7001 et seq.)

5.5.2 Record of Transactions: The Contractor(s) shall provide FMCSA a file of the transactions the Contractor(s) handled under the terms of this agreement, in support of the PSP, concerning requests for files from owner-applicants and the motor carriers. The information collected shall contain, at a minimum, date and time of request, date and time of fulfillment, name and DOT number (if applicable) of requesting motor carrier, the driver’s name, license number, date of birth, and state of domicile of the file being released and confirmation that the recipient received the intended data.

5.5.3 Record of Data Breach: The Contractor(s) will record any breach of data within its IT environment and supply a record of the events.

5.5.4 Notification of Disputes: The Contractor(s) will notify FMCSA within 24 hours of any investigations initiated by any Federal, State, or local law enforcement agencies, lawsuits or claims filed against the Contractor(s) in relation to data and services provided under this contract.

5.5.5 List of Contractor Personnel: The Contractor(s) shall provide to the FMCSA COR a list of each person having access to the data provided by FMCSA at the start of the contract. Changes to the personnel list must be provided to the COR within 3 business days of the change in personnel status.

5.5.6 Validation and Verification: The Contractor(s) will permit the DOT Office of the Inspector General and FMCSA IT Security to conduct periodic reviews of the managerial, technical, and operational controls to validate the security posture

Solicitation No. 693JJ421Q000003 – Statement of Work Page 9 and determine whether or not contractor…