RFP_Governmentwide_Rideshare_Ride-hail.pdf

Request For Proposals

47QMCB-19-R-0002

GOVERNMENTWIDE RIDESHARE / RIDE-HAIL

PASSENGER SERVICES

REQUEST FOR PROPOSALS

Read Request For Proposals in its entirety.

Contents Notice of Request for Proposal 6

Request for Clarification of the RFP 6

Submittal of Proposals 6

Period for Acceptance of Offers 7

Contents of Proposals 7

Signed and Dated Cover Letter 7

Volume 1 - Technical Capability and Approach 8

Volume 2 - Quality Control Plan 8

Volume 3 - Key Personnel (Program Manager) 8

Volume 4 - Past Performance 9

Volume 5 - Pricing Terms 9

Volume 6 - Representations & Certifications 10

Volume 7 - Voluntary Product Accessibility (Section 508) 10

Volume 8 - Financial Statements 11

Evaluation Criteria 11

1.1 Basis of Award 11

1.1.1 Evaluation Factors Considered 12

1.1.1.1 Non-price 12

1.1.1.1.1 Evaluation of Volume 1 - Technical Capability and Approach 12

1.1.1.1.2 Evaluation of Volume 2 - Quality Control Plan 12

1.1.1.1.3 Evaluation of Volume 3 - Key Personnel (Program Manager) 12

1.1.1.1.4 Evaluation of Volume 4 – Past Performance 12

1.1.1.1.5 Evaluation of Volume 7 – Voluntary Product Accessibility (Section 508) 13

1.1.1.2 Price 13

1.1.1.2.1 Evaluation of Volume 5 - Pricing Terms 13

Cancellation 13

Clauses and Provisions 13

Statement of Objectives (SOO) 20

1.2 Purpose 20

1.3 Background 20

1.4 Scope 21

1.5 Performance Objectives 21

1.6 Deliverables 21

1.7 Type of Procurement Contemplated 22

1.8 Period and Place of Performance 22

1.9 Operating Constraints 22

1.9.1 CIO 09-48, Sec. 6 - Mobile Application - IT Security and Privacy Requirements 22

1.9.2 CIO 12-2018, IT Policy Requirements Guide 22

1.9.3 IT Accessibility Requirements 22

1.9.4 Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (NDAA) 23

1.10 Markets Solicited 23

1.11 Required Non-Government Information/Documents 24

1.11.1 Liability and Insurance 24

1.12 Other Addenda 25

1.12.1 BPA Access Fee 25

1.12.2 Authorized users to make purchases under the BPA 25

1.12.3 Placing Orders 26

1.12.4 Extent of Obligation 26

1.12.5 Sales Receipt 26

1.12.6 Invoices 26

1.12.7 Method of Payment 26

1.12.8 Federal, State, and Local Taxes 27

1.12.9 Licenses and Permits 27

1.12.10 Advertising and Release of News Information 27

1.13 BPA Holder Provided Draft Quality Assurance Surveillance Plan 28

1.14 Meetings 28

1.14.1 Post-award Kickoff Meeting 28

1.14.2 Monthly Status Reviews 29

1.14.3 Program Management Review 29

1.14.4 Intermittent Program Status Reviews 29

1.15 Definitions 29

Attachments

A – Offeror Question Matrix

B – Past performance Questionnaire

C – FAR 52.212-3 Offeror Representations & Certifications – Commercial Items

D – CIO 09-48 IT Security Procedural Guide: Security and Privacy Requirements for IT Acquisition Efforts

E – CIO 12-2018 IT Policy Requirements Guide

F – FAR 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment

G - GSAR 552.204-70 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment

Notice of Request for Proposal

The U.S. General Services Administration (GSA) hereby requests proposals for on-demand Rideshare/Ride-Hail Passenger Services.

Proposals are due no later than 5:00 P.M. Eastern on November 8, 2019. All interested parties must submit their responses via email to kimberly.spangler@gsa.gov with a CC to onthego@gsa.gov.

Responses shall be identified in the email subject line with GSA Solicitation # 47QMCB-19-R-0002. Hard copies or faxed proposals will not be accepted.

Pursuant to Federal Acquisition Regulation (FAR) 52.204-7(b)(1), Offerors are required to be registered in System for Award Management (SAM) (https://www.sam.gov) at the time of proposal submission.

North American Industry Classification System (NAICS) code and small business size standard. The NAICS code is 561599, All Other Travel Arrangement and Reservation Services. The small business size standard for this acquisition is $20.5 million.

Request for Clarification of the RFP

Questions regarding this solicitation will be accepted electronically at kimberly.spangler@gsa.gov with a CC to onthego@gsa.gov until October 24, 2019 at 5:00 pm ET. Questions must be submitted using the Question Matrix (Attachment A).

If you do not receive a confirmation response within 2 business days, this would indicate that your question was not received and should be resubmitted. The Government will post all responses and notices as amendments to this solicitation posting. It is the Offeror's responsibility to monitor this posting for any amendments or additional notices.

All communication regarding this solicitation must be sent directly to the Contracting Officer (CO) at kimberly.spangler@gsa.gov with a CC to onthego@gsa.gov. Communications with other officials may compromise the competitiveness of this acquisition and result in cancellation of the requirement.

Submittal of Proposals

The Offeror’s proposal must follow the instructions for submittal as set forth throughout this RFP. Each proposal shall be electronically submitted with a cover letter and eight volumes (for a total of 9 electronic files):

(1) Technical Capability and Approach;

(2) Quality Control Plan;

(3) Key Personnel (Program Manager);

(4) Past Performance;

(5) Pricing Terms;

(6) Representations & Certifications;

(7) Voluntary Product Accessibility (Section 508); and

(8) Financial Statements.

mailto:kimberly.spangler@gsa.gov mailto:onthego@gsa.gov https://www.sam.gov/ mailto:kimberly.spangler@gsa.gov mailto:onthego@gsa.gov

The email size limitation is 25MB. If your proposal exceeds this limitation, you will need to submit more than one email to ensure your submission is complete. Clearly identify the number of the submission in the email subject (e.g., 47QMCB-19-R-0002 Email 1 of 2, 47QMCB-19-R-0002 Email 2 of 2).

It is imperative that all Offerors responding to this RFP comply exactly and completely with the instructions set forth herein. Failure to follow the instructions and response guidelines may result in the offer being rejected as non-responsive.

The Offeror’s proposal must follow the format identified below. It shall consist of one electronic (emailed) copy of the cover letter and each volume (as noted above, more than one email is permissible in order to comply with email size limitations). Page limitations, where applicable, are indicated in the volume descriptions below.

The submission shall be clearly indexed and logically assembled and include a table of contents. Each volume shall be appropriately numbered and clearly identified with the date, solicitation number (47QMCB-19-R-0002), and page number in the header and/or footer of each page. Files shall use the following page setup parameters:

Margins – Top, Bottom, Left, Right – 1”, Gutter – 0” From Edge – Header, Footer – 0.5” Page Size, Width – 8.5” Page Size, Height – 11” Font, Times New Roman Font Size, 10 pt

Offerors may submit responses in any format readable by Microsoft Office or Adobe Acrobat.

Period for Acceptance of Offers

The Offeror agrees to hold the pricing terms in its offer firm for 90 calendar days from the date specified for receipt of offers.

Contents of Proposals

A total of 9 files shall be submitted as follows:

Signed and Dated Cover Letter

Each offer must include a cover letter. At a minimum, the signed and dated cover letter must include:

● The solicitation number;

● The time specified in the solicitation for receipt of offers;

● The name, address, email, and telephone number of the offeror;

● DUNS number;

● Point of contact name(s), email, and telephone number;

● Terms of any express warranty/guarantee;

● Acknowledgment of solicitation amendments; and

● A statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information or reject the terms and conditions of the solicitation may be excluded from consideration.

Volume 1 - Technical Capability and Approach

The Offeror’s proposal must clearly demonstrate its capabilities and competence to perform the work required.

Volume 1 of the Offeror’s proposal shall include 2 sections.

Section 1 shall describe and demonstrate that the Offeror has the necessary organization, experience, accounting and operational controls, technical skills, equipment/facilities, and safety programs (to ensure duty of care for passengers) to successfully perform the services required.

Section 2 shall include a Performance Work Statement (PWS) which describes how the Offeror will meet the Government’s Statement of Objectives (SOO). The PWS shall provide clear, actionable, and logical strategies for accomplishing the work required. The PWS shall also include:

● Areas of coverage (including all or at least part of the top 50 Government markets identified in the SOO, Section 1.10, Markets Solicited);

● Commercial applications to be used (e.g., mobile app, online portal);

● Identified risks and risk mitigation strategies;

● Sample reports demonstrating how the offeror will meet the identified reporting, data analytic, and reconciliation objectives;

● Sample consolidated billing options for agency customers;

● Sample invoice for purchase orders; and

● Sample electronic sales receipt.

The Government encourages the Offeror to include any additional functionality and/or innovations beyond what is stated in the SOO that might benefit the Government.

Page Limitation: 30 (includes both sections, excludes cover page, table of contents, and samples)

Volume 2 - Quality Control Plan

Volume 2 of the Offeror’s proposal shall include a Quality Control Plan for efforts under this BPA. The purpose of the plan is to ensure the offered services are of the utmost quality. At a minimum, the Quality Control Plan must define standards for customer service and contain a set of documented activities by the Offeror in order to ensure that customers are satisfied with the services being offered under this BPA.

Page Limitation: 10 (excludes cover page and table of contents)

Volume 3 - Key Personnel (Program Manager)

Volume 3 of the Offeror’s proposal shall include a résumé for the proposed Program Manager. The résumé shall clearly demonstrate the following:

● Appropriate skill sets and understanding of the stated objectives;

● Actual experience in performing the same or similar type of work in support of the stated objectives for on-demand ridesharing/ride-hailing passenger services;

● Experience in terms of the relevance of their proposed role to support the SOO;

● Qualifications to perform project management and planning support;

● Ability to provide business solutions and/or technical recommendations; and

● Understanding of the importance of working closely with customers to ensure satisfaction of services.

Page Limitation: 2 (excludes cover page)

Volume 4 - Past Performance

All performance references must be for projects that are ongoing or completed within the last 3 years and of the same or similar scope and complexity as stated in the SOO.

The Offeror shall complete Part I of the Past Performance Questionnaire (Attachment B) and e-mail the questionnaire to the Government and/or private sector technical representative point of contact (POC) responsible for the present/past agreements/contracts provided as Past Performance References in response to this solicitation.

The POC(s) shall be instructed to electronically complete Part II of the questionnaires and e-mail the entire questionnaire to Kimberly Spangler, Contracting Officer (CO), at kimberly.spangler@gsa.gov with a CC to onthego@gsa.gov, not later than the solicitation closing date/time. Offerors are advised that past performance questionnaires received after the solicitation closing date and time may not be considered and may result in rejection of the offer as non-responsive.

The Offeror shall also e-mail to the CO a list of all the POC(s) who were sent a questionnaire no later than two days prior to the closing date of the solicitation. The POC List shall include:

● Contract/Agreement Number;

● Company Name or Government Agency;

● POC Name & Title;

● POC Phone Number;

● POC E-Mail Address; and

● Date E-Mailed to POC.

The Offeror may also provide additional information on any problems encountered on the identified contracts and any corrective actions taken to remedy the issues.

The Offeror’s proposal must demonstrate its competence and successful current/past performance providing on-demand rideshare/ride-hail passenger services.

Volume 5 - Pricing Terms

Volume 5 of the Offeror’s proposal shall include the following pricing data:

● The Offeror’s commercial pricing practices (explanation of basis for trip costs);

● The Offeror’s proposed pricing terms for this acquisition; and

● The Offeror’s commercial pricing terms it has previously offered or currently offers to its commercial and/or Government clients under the same or similar terms and conditions.

○ Supporting documentation from at least 5 different clients shall be submitted as evidence

(e.g., customer agreements, invoices). Note: In areas where prices are set by regulation, the Offeror must also submit evidence of such (e.g., periodic rulings, reviews, or similar actions of a governmental body).

○ A narrative containing sufficient information to enable a valid basis for comparison. Any materially differing terms and conditions, volume of business, and market/economic factors, must be identified and explained in a manner that allows the Government to account for material differences between the same or similar service and that being procured under this solicitation.

The Offeror’s proposal must demonstrate that its pricing is competitive with the Offeror’s previous or current commercial and/or Government clients.

Following the guidelines of FAR 13.303-2(d)(a), the Government is seeking to secure maximum discounts when establishing any Blanket Purchase Agreements (BPA) as a result of this solicitation. Due to the volume of potential sales under this acquisition solution, the Government is seeking better pricing terms than those historically offered (e.g., waiver of “surge” pricing and other fees, fixed percentage discount applied across all locations being offered).

Volume 6 - Representations & Certifications

Volume 6 of the Offeror’s proposal shall include a completed copy of the provisions at:

• FAR 52.212-3, Offeror Representations and Certifications—Commercial Items (Attachment C);

and

• FAR 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Attachment F).

• GSAR 552.204-70 Representation Regarding Certain Telecommunications and Video Surveillance or Equipment (Attachment G).

Volume 7 - Voluntary Product Accessibility (Section 508)

Volume 7 of the Offeror’s proposal shall include the Voluntary Product Accessibility to demonstrate compliance with Section 508 of the Rehabilitation Act, as amended by the Workforce Investment Act of 1998 (Pub .L. 105-220). The Offeror shall:

1. Provide an Accessibility Conformance Report (ACR) for each commercially available Information and Communication Technology (ICT) item offered under the Blanket Purchase Agreement (BPA). Create the ACR using the Voluntary Product Accessibility Template (VPAT 2.3Rev 508 (April 2019) ) located at https://www.itic.org/policy/accessibility/vpat. Complete each ACR in accordance with the instructions provided in the VPAT template. Each ACR must address the applicable Section 508 requirements referenced in the Statement of Objectives. Each ACR shall state exactly how the ICT meets the applicable standards in the remarks/explanations column, or through additional narrative. All "Not Applicable" (N/A) responses must be explained in the remarks/explanations column or through additional narrative. Address each standard individually and with specificity and clarify whether conformance is achieved throughout the entire ICT Item (for example, user functionality, administrator functionality, and reporting), or only in limited areas of the ICT Item. Provide a description of the evaluation methods used to support Section 508 conformance claims. GSA reserves the right, prior to making an award decision, to perform testing on some or all of the Offeror’s proposed ICT items to validate Section 508 conformance claims made in the ACR.

https://www.itic.org/dotAsset/9e1e88cd-0a47-4874-a168-339c31073cbe.docx https://www.itic.org/dotAsset/9e1e88cd-0a47-4874-a168-339c31073cbe.docx https://www.itic.org/policy/accessibility/vpat

2. Describe your approach to incorporating universal design principles to ensure ICT products or services are designed to support disabled users.

3. Describe plans for features that do not fully conform to the Section 508 Standards.

4. Describe “typical” user scenarios and tasks, including individuals with disabilities, to ensure fair and accurate accessibility testing of the ICT product or service being offered.

Page Limitation for paragraphs 2 through 4 above: 10 (excludes cover page)

Volume 8 - Financial Statements

In accordance with FAR 9.103, awards will only be made to responsible prospective Offerors. To be determined responsible, an offeror must have adequate financial resources or the ability to obtain them in order to perform the work required.

To enable the Government to make its determination of financial responsibility, Volume 8 of the Offeror’s proposal shall include:

• Financial statements for the most recent year plus 2 previous years (audited, if available) which include, at a minimum:

o balance sheet o income statement

• Offerors shall also provide an explanation for any of the following on the financial statements:

o negative financial information disclosed o negative equity o negative income

The Government may require, as it determines necessary, that Offerors provide a letter(s) of credit or other documentation to demonstrate that adequate financial resources are available or can be obtained to enable successful performance under the BPA.

Note: Offerors are NOT to submit tax returns.

Evaluation Criteria

1.1 Basis of Award

The Government contemplates establishing multiple BPAs with responsible Offerors that have offers conforming to the solicitation and will be most advantageous to the Government when considering pricing terms and other factors. All non-price factors must receive a “Pass” rating and the price factor must be found fair and reasonable to be eligible for consideration.

First round selections will be made by ranking in descending order by number of markets for which coverage is offered and giving preference to offers having coverage in the greatest number of markets identified in the SOO Section 1.10, Markets Solicited. As needed, second round selections will be made by giving preference to offers in markets having higher travel volume, where 2 or more Offerors provide coverage in the same number of markets.

At a minimum, THREE (3) BPAs will be reserved for small businesses that are eligible for consideration.

The Government contemplates establishing an adequate number of BPAs to ensure full coverage of the identified markets, while promoting competition; however, the Government reserves the right to limit the number of awards to ensure administrative efficiency.

After selections are made, successful Offerors will receive a written notice of award contingent upon meeting operating constraints identified in Section 1.9. BPA Holders will be able to provide service within all domestic locations where service is permitted by law.

1.1.1 Evaluation Factors Considered

1.1.1.1 Non-price

1.1.1.1.1 Evaluation of Volume 1 - Technical Capability and Approach

The Government will evaluate Section 1 on a pass/fail basis in the areas of organization, experience, accounting and operational controls, technical skills, equipment/facilities, and safety programs (to ensure duty of care for passengers) to assess proposal risk probability that the Offeror possesses these necessary elements to successfully perform the work.

The Government will evaluate Section 2 on a pass/fail basis in the areas of strategies, commercial applications, risks/mitigation, and samples to assess proposal risk probability that the Offeror will successfully achieve the requirements and performance objectives. The Government will evaluate area of coverage and give preference, as described in Section 1.1 Basis of Award.

The Government reserves the right to require oral demonstration of commercial applications proposed for the purpose of making its evaluation assessment.

1.1.1.1.2 Evaluation of Volume 2 - Quality Control Plan

The Government will evaluate the Offeror’s Quality Control Plan on a pass/fail basis to make certain that mechanisms are in place to ensure service standards are met, that there is ongoing monitoring for instances of poor service, and any remedial efforts identified will be implemented to ensure that customers are satisfied with the services being offered under this BPA.

1.1.1.1.3 Evaluation of Volume 3 - Key Personnel (Program Manager)

The Government will evaluate the Offeror’s proposed key personnel on a pass/fail basis to assess confidence in the individual’s demonstrated skills, qualifications, experience, understanding, availability and ability to perform in the Program Manager role.

1.1.1.1.4 Evaluation of Volume 4 – Past Performance

Past Performance will be evaluated on a pass/fail basis to assess confidence the Government has in the Offeror’s ability to perform the requirements identified in the solicitation successfully based on recent (no older than 3 years) and relevant (similar to the size, scope, and complexity as anticipated hereunder) past performance information. On the identified recent and relevant contracts/agreements, past performance questionnaires must reflect “satisfactory” for questions 1 through 9 and “yes” for questions 10 and 11 to receive a “pass” rating. Where past performance questionnaires do not reflect responses necessary for the “pass” rating, additional information provided by the Offeror on any problems encountered and corrective actions taken shall also be considered.

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 be identified as an unknown risk and therefore rated as “pass.”

1.1.1.1.5 Evaluation of Volume 7 – Voluntary Product Accessibility (Section 508)

The Government will evaluate the Offeror’s compliance with Section 508 of the Rehabilitation Act, as amended by the Workforce investment Act of 1998 (Pub. L.105-220) on a pass/fail basis to ensure that customers are satisfied with the services being offered under this BPA.

1.1.1.2 Price

1.1.1.2.1 Evaluation of Volume 5 - Pricing Terms

Prior to making an award, the Government must make a determination that offered pricing is fair and reasonable. Given the varied commercial practices for pricing rideshare/ride-hail passenger services, competition among offers may not be the sole barometer used to assist with this determination, particularly in areas where geographic competition may not be as robust. Therefore, the determination may also be made through the comparison of the Offeror’s proposed pricing terms to historical terms offered to commercial and/or Government clients for the same or similar services in addition to market-based price analysis or direct competition, or other price analysis techniques where appropriate.

The Government may examine pricing data submissions and consider materially differing terms and conditions, such as volume of business and market/economic factors to determine if pricing terms offered are competitive to the Offeror’s previous or current commercial and/or Government clients where appropriate.

Due to the potential volume of sales under this acquisition solution, the Offeror’s pricing terms should be better than those historically offered to commercial and/or Government clients (e.g., waiver of “surge” pricing and other fees, fixed percentage discount applied across all locations being offered).

Cancellation

Either party (the Government or BPA Holder) may cancel the BPA by providing written notice. The cancellation will take effect 30 calendar days after receipt of the cancellation notice. BPA cancellation does not release the BPA Holder from the duty to continue performance on existing orders. Ongoing orders continue in accordance with their own period of performance, even if the BPA is cancelled.

Termination procedures for orders are addressed in FAR 52.212-4(l)&(m).

Clauses and Provisions

The clauses found within this section are applicable to any BPA established as a result of this solicitation and any purchases or purchase orders that are placed against the BPA. Unless a clause prescription specifies otherwise, if the prescription includes a dollar threshold, the amount to be compared for the purpose of applying the threshold is for any particular order placed under the BPA.

FAR 52.233-2 Service of Protest (Sept 2006)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from kimberly.spangler@gsa.gov.

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

(End of provision)

FAR 52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this address: https://www.acquisition.gov/

FAR 52.212-1 Instructions to Offerors-Commercial Items (Oct 2018).

(End of provision)

FAR 52.252-2 Clauses Incorporated by Reference (Feb 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address: https://www.acquisition.gov/

FAR 52.203-13 Contractor Code of Business Ethics and Conduct (Oct 2015)

FAR 52.204-7 System for Award Management (Oct 2018)

FAR 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018)

FAR 52.204-13 System for Award Management Maintenance (Oct 2018)

FAR 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (Aug 2019)

FAR 52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015)

FAR 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018)

FAR 52.212-4 Contract Terms and Conditions-Commercial Items (Oct 2018)

FAR 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders-mailto:kimberly.spangler@gsa.gov https://www.acquisition.gov/ https://www.acquisition.gov/

Commercial Items (Aug 2019)

FAR 52.219-8 Utilization of Small Business Concerns (Oct 2018)

FAR 52.222-3 Convict Labor (June 2003)

FAR 52.222-21 Prohibition of Segregated Facilities (Apr 2015)

FAR 52.222-26 Equal Opportunity (Sept 2016)

FAR 52.222-35 Equal Opportunity for Veterans (Oct 2015)

FAR 52.222-36 Equal Opportunity for Workers with Disabilities (Jul 2014)

FAR 52.222-37 Employment Reports on Veterans (Feb 2016)

FAR 52.222-40 Notification of Employee Rights Under the National Labor Relations Act (Dec 2010)

FAR 52.222-50 Combating Trafficking in Persons (Jan 2019)

FAR 52.222-54 Employment Eligibility Verification (Oct 2015)

FAR 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011)

FAR 52.225-13 Restrictions on Certain Foreign Purchases (June 2008)

FAR 52.232-33 Payment by Electronic Funds Transfer-System for Award Management (Oct 2018)

FAR 52.232-36 Payment by Third Party (May 2014)

FAR 52.239-1 Privacy or Security Safeguards (Aug 1996)

(End of clause)

GSAR 552.204-70 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Aug 2019)

(a) Definitions. As used in this clause— “Covered telecommunications equipment or services", "Critical technology", and substantial or essential component" have the meanings provided in FAR 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition. Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Contractors are not prohibited from providing-

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Representation. [Contractor to complete and submit to the Contracting Officer] The Offeror or Contractor represents that it [ ] will or [ ] will not provide covered telecommunications equipment or services to the Government In the performance of any contract, subcontract, order, or other contractual instrument resulting from this contract. This representation shall be provided as part of the proposal and resubmitted on an annual basis from the date of award.

(d) Disclosures. If the Offeror or Contractor has responded affirmatively to the representation In paragraph (c) of this clause, the Offeror or Contractor shall provide the following additional information to the Contracting Officer--

(1) All covered telecommunications equipment and services offered or provided (include brand;

model number, such as original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable);

(2) Explanation of the proposed use of covered telecommunications equipment and services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b) of this provision;

(3) For services, the entity providing the covered telecommunications services (include entity name, unique entity identifier, and Commercial and Government Entity (CAGE) code, if known); and

(4) For equipment, the entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known).

GSAR 552.212-4 Contract Terms and Conditions—Commercial Items (FAR DEVIATION) (Feb 2018).

(Replaces subparagraph (g)(2), paragraph (s), and paragraph (u) of FAR clause 52.212-4. Also, adds paragraph (w) to FAR clause 52.212-4)

(g)(2) The due date for making invoice payments by the designated payment office is the later of the following two events:

(i) The 10th day after the designated billing office receives a proper invoice from the Contractor. If the designated billing office fails to annotate the invoice with the date of receipt at the time of receipt, the invoice payment due date shall be the 10th day after the date of the Contractor’s invoice; provided the Contractor submitted a proper invoice and no disagreement exists over quantity, quality, or Contractor compliance with contract requirements.

(ii) The 10th day after Government acceptance of supplies delivered or services performed by the Contractor.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, Unauthorized Obligations, and Commercial Supplier Agreements - Unenforceable Clauses paragraphs of this clause.

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any commercial supplier agreements as amended by the Commercial Supplier Agreements -Unenforceable Clauses provision.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any commercial supplier agreement (as defined in 502.101) that includes any language, provision, or clause requiring the Government to pay any future fees, penalties, interest, legal costs or to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such language, provision, or clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the commercial supplier agreement. If the commercial supplier agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such language, provision, or clause is deemed to be stricken from the commercial supplier agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification or any other payment by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(w) Commercial supplier agreements unenforceable clauses. When any supply or service acquired under this contract is subject to a commercial supplier agreement (as defined in 502.101), the following language shall be deemed incorporated into the commercial supplier agreement. As used herein, “this agreement” means the commercial supplier agreement:

(1) Notwithstanding any other provision of this agreement, when the end user is an agency or instrumentality of the U.S. Government, the following shall apply:

(i) Applicability. This agreement is a part of a contract between the commercial supplier and the U.S. Government for the acquisition of the supply or service that necessitates a license or other similar legal instrument (including all contracts, task orders, and delivery orders under FAR 12).

(ii) End user. This agreement shall bind the ordering activity as end user but shall not operate to bind a Government employee or person acting on behalf of the Government in his or her personal capacity.

(iii) Law and disputes. This agreement is governed by Federal law.

(A) Any language purporting to subject the U.S. Government to the laws of a U.S. state, U.S. territory, district, or municipality, or a foreign nation, except where Federal law expressly provides for the application of such laws, is hereby deleted.

(B) Any language requiring dispute resolution in a specific forum or venue that is different from that prescribed by applicable Federal law is hereby deleted.

(C) Any language prescribing a different time period for bringing an action than that prescribed by applicable Federal law in relation to a dispute is hereby deleted.

(iv) Continued performance. The supplier or licensor shall not unilaterally revoke, terminate or suspend any rights granted to the Government except as allowed by this contract. If the supplier or licensor believes the ordering activity to be in breach of the agreement, it shall pursue its rights under the Contract Disputes Act or other applicable Federal statute while continuing performance as set forth in subparagraph (d) (Disputes).

(v) Arbitration; equitable or injunctive relief. In the event of a claim or dispute arising under or relating to this agreement, a binding arbitration shall not be used unless specifically authorized by agency guidance, and equitable or injunctive relief, including the award of attorney fees, costs or interest, may be awarded against the U.S. Government only when explicitly provided by statute (e.g., Prompt Payment Act or Equal Access to Justice Act).

(vi) Updating terms.

(A) After award, the contractor may unilaterally revise commercial supplier agreement terms: if they are not material. A material change is defined as:

(1) Terms that change Government rights or obligations;

(2) Terms that increase Government prices;

(3) Terms that decrease overall level of service; or

(4) Terms that limit any other Government right addressed elsewhere in this contract.

(B) For revisions that will materially change the terms of the contract, the revised commercial supplier agreement must be incorporated into the contract using a bilateral modification.

(C) Any agreement license terms or conditions unilaterally revised subsequent to award that are inconsistent with any material term or provision of this contract shall not be enforceable against the Government, and the Government shall not be deemed to have consented to them.

(vii) No automatic renewals. If any license or service tied to periodic payment is provided under this agreement (e.g., annual software maintenance or annual lease term), such license or service shall not renew automatically upon expiration of its current term without prior express consent by an authorized Government representative.

(viii) Indemnification. Any clause of this agreement requiring the commercial supplier or licensor to defend or indemnify the end user is hereby amended to provide that the U.S. Department of Justice has the sole right to represent the United States in any such action, in accordance with 28 U.S.C.

516.

(ix) Audits. Any clause of this agreement permitting the commercial supplier or licensor to audit the end user's compliance with this agreement is hereby amended as follows:

(A) Discrepancies found in an audit may result in a charge by the commercial supplier or licensor to the ordering activity. Any resulting invoice must comply with the proper invoicing requirements specified in the underlying Government contract or order.

(B) This charge, if disputed by the ordering activity, will be resolved in accordance with subparagraph (d) (Disputes) through the Disputes clause at 552.212-4(d); no payment obligation shall arise on the part of the ordering activity until the conclusion of the dispute process.

(C) Any audit requested by the contractor will be performed at the contractor's expense, without reimbursement by the Government.

(x) Taxes or surcharges. Any taxes or surcharges which the commercial supplier or licensor seeks to pass along to the Government as end user will be governed by the terms of the underlying Government contract or order and, in any event, must be submitted to the Contracting Officer for a determination of applicability prior to invoicing unless specifically agreed to otherwise in the Government contract.

(xi) Non-assignment. This agreement may not be assigned, nor may any rights or obligations thereunder be delegated, without the Government's prior approval, except as expressly permitted under subparagraph (b) of this clause.

(xii) Confidential information. If this agreement includes a confidentiality clause, such clause is hereby amended to state that neither the agreement nor the contract price list, as applicable, shall be deemed “confidential information.” Issues regarding release of “unit pricing” will be resolved consistent with the Freedom of Information Act. Notwithstanding anything in this agreement to the contrary, the Government may retain any confidential information as required by law, regulation or its internal document retention procedures for legal, regulatory or compliance purposes; provided, however, that all such retained confidential information will continue to be subject to the confidentiality obligations of this agreement.

(2) If any language, provision, or clause of this agreement conflicts or is inconsistent with the preceding paragraph (w)(1), the language, provisions, or clause of paragraph (w)(1) shall prevail to the extent of such inconsistency.

GSAR 552.212-71 Contract Terms and Conditions Applicable to GSA Acquisition of Commercial Items. (May 2019)

(a) The Contractor agrees to comply with any clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial items or components. The clause in effect based on the applicable regulation cited on the date the solicitation is issued applies unless otherwise stated herein. The clauses in paragraph (b) of this section are incorporated by reference:

(b) Clauses.

GSAR 552.203-71 Restriction on Advertising (Sep 1999)

GSAR 552.252-6 Authorized Deviations in Clauses (DEVIATION FAR 52.252-6) (Sep 1999)

(a) Deviations to FAR clauses.

(1) This solicitation or contract indicates any authorized deviation to a Federal Acquisition Regulation (48 CFR Chapter 1) clause by the addition of “(DEVIATION)” after the date of the clause, if the clause is not published in the General Services Administration Acquisition Regulation (48 CFR Chapter 5).

(2) This solicitation indicates any authorized deviation to a Federal Acquisition Regulation (FAR) clause that is published in the General Services Administration Acquisition Regulation by the addition of “(DEVIATION (FAR clause no.))” after the date of the clause.

(b) Deviations to GSAR clauses. This solicitation indicates any authorized deviation to a General Services Administration Acquisition Regulation clause by the addition of “(DEVIATION)” after the date of the clause.

(c) “Substantially the same as” clauses. Changes in wording of clauses prescribed for use on a “substantially the same as” basis are not considered deviations.

Statement of Objectives (SOO)

1.2 Purpose

The purpose of this acquisition is to provide Governmentwide Rideshare/Ride-Hail Passenger Services through qualified Transportation Network Companies (TNCs) or Innovative Mobility Technology Companies (IMTCs) which can meet the on-demand passenger transportation needs of Federal employees while carrying out official duties.

1.3 Background

Identified as an emerging market in the Fiscal Year (FY) 2017 Governmentwide Travel Category Management Plan; agencies have been exploring the use of TNCs and/or IMTCs as an avenue to reduce travel expenses and related burdensome back office functions (e.g., reports, analytics, and business improvement processes).

GSA, working with other Federal agencies, has not identified an existing, centrally managed, Governmentwide solution to meet the need for on-demand passenger transportation services that can be used by Federal employees while carrying out official duties.

In an effort to reduce travel expenses and related burdensome back office functions, GSA is seeking to establish a Governmentwide centrally-managed Rideshare/Ride-Hail Passenger Service that will provide agencies with a suite of modern commercial travel services and back office capabilities for use by Federal employees while carrying out official duties.

The goals of this acquisition solution are to:

● Consolidate Federal spend in this subcategory of travel in order to obtain the most favorable terms, conditions, and discounts;

● Offer agencies the flexibility to expand and explore new opportunities with vendors for emerging technologies; and

● Provide a centralized approach for commercial entities to easily do business with the Federal Government.

1.4 Scope

GSA estimates the expected usage of Rideshare/Ride-Hail Passenger Services by the Federal Government to be approximately $162M annually based on travel vouchers processed for FY18.

TNCs/IMTCs are expected to provide their suite of commercial capabilities including back office reporting.

The BPAs shall offer participating Federal agencies the flexibility to expand and explore new opportunities with vendors as new emerging technology becomes commercially available in the future, as well as implement new reporting requirements for reimbursement of transportation expenses.

1.5 Performance Objectives

The Offeror shall utilize existing commercial-based platform(s) and commercial service offering(s) to perform on-demand Rideshare/Ride-hail passenger services for Federal employees while carrying out official duties that meet the following objectives:

● Provide geographical coverage for U.S. domestic locations. Coverage must include all, or part, of the top 50 Government markets identified in Section 1.10 Markets Solicited;

● Provide booking capability for on-demand ride services;

● Provide data analytics to support number of trips and savings (by agency & Governmentwide) via an online portal. The data analytics must include, at a minimum::

o Data on total agency payments for such items as travel and transportation of people, average costs and durations of trips, and purposes of the travel; and o Analysis of the total costs of transportation service by type, and the total number of trips utilizing each transportation type for purposes of the travel.

● Provide access to an online data portal to each participating agency (showing data at the agency level) and GSA (showing data for GSA and at a Governmentwide level);

● Provide capabilities for reconciliation of consolidated invoices and travel voucher receipts through an online data portal;

● Provide consolidated billing options for agency customers;

● Provide electronic sales receipt as described in Section 1.12 Other Addenda;

● Provide invoices for Purchase Orders as described in Section 1.12 Other Addenda;

● Accept multiple forms of ordering and payment (e.g., Government issued travel charge card, Government order form, and Government purchase card) as described in Section 1.12 Other Addenda;

● Provide accessible vehicles and equivalent service for those passengers with disabilities, including those who have wheelchairs and other devices/equipment/service animals;

● Provide effective quality control for services offered; and

● Provide an experienced Program Manager (available by phone or email) between the hours of

8:00 am – 5:00 pm Eastern Time, Monday through Friday, excluding Federal holidays.

1.6 Deliverables

Deliverable Due Submit To Draft Quality Assurance Surveillance Plan (par. 1.13)

5 business days after award GSA CO

Certificate of Insurance (par. 1.11.1) Prior to commencing work GSA CO BPA Access Fee (par. 1.12.1) Jan 15th, April 15th, July 15th, Oct 15th https://srp.fas.gsa.gov/ Monthly Status Report (par. 1.14.2) Monthly, no later than 5th day of month GSA CO and GSA COR Quarterly Program Report (par.

1.14.3)

Jan 15th, April 15th, July 15th, Oct 15th GSA CO and GSA COR

Advertising and Release of News Information (par. 1.12.10)

A minimum of 8 calendar days prior to planned release (must receive written approval GSA CO or GSA COR)

GSA CO and GSA COR

1.7 Type of Procurement Contemplated

The Government contemplates establishing multiple BPAs from this solicitation with agreed upon pricing terms to secure maximum discounts.

1.8 Period and Place of Performance

The anticipated period of performance is 5 years from the date of award.

The place of performance includes the contiguous United States, Alaska, Hawaii, and the Commonwealth of Puerto Rico (“domestic locations”).

1.9 Operating Constraints

1.9.1 CIO 09-48, Sec. 6 - Mobile Application - IT Security and Privacy Requirements

The Offeror’s mobile application must pass the approval requirements outlined in CIO 09-48, IT Security Procedural Guide: Chapter 6 Mobile Application - IT Security and Privacy Requirements (Attachment D) and GSA CIO IT Procedural Guide: Securing Mobile Devises and Applications 12-67 (to be provided after award). The Offeror shall be prohibited from providing any services under any awarded BPA until this requirement is met.

1.9.2 CIO 12-2018, IT Policy Requirements Guide

The Offeror must comply with GSA’s IT policy as outlined in CIO 12-2018, IT Policy Requirements Guide (Attachment E).

1.9.3 IT Accessibility Requirements

Section 508 of the Rehabilitation Act, as amended by the Workforce Investment Act of 1998 (P.L. 105-

220) requires that when Federal agencies develop, procure, maintain, or use information and communication technology (ICT), it shall be accessible to people with disabilities. Federal employees and members of the public who have disabilities must have access to, and use of, information and data that is comparable to people without disabilities.

https://srp.fas.gsa.gov/

Products, platforms, and services delivered as part of the Offeror’s Performance Work Statement that are ICT, or contain ICT, must conform to the Revised 508 Standards, which are located at 36 C.F.R. § 1194.1 & Apps. A, C, & D, and available at https://www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-ict-refresh/final-rule/text-of-the-standards-and-guidelines.

Item that contains ICT: Offeror’s proposed commercial applications (mobile & online).

Applicable Functional Performance Criteria: All functional performance criteria apply when using an alternative design or technology that achieves substantially equivalent or greater accessibility and usability by individuals with disabilities, than would be provided by conformance to one or more of the requirements in Chapters 4-6 of…