RFP_No._6913G618R200019.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

V222

Cambridge MA 02142-1001 55 Broadway, V222 On-Site Contracts & SAP Branch USDOT/Volpe Center

VOLPE CODE 16. ADMINISTERED BYCODE

X

X

X

541620

SIZE STANDARD:

% FOR:SET ASIDE:UNRESTRICTED ORV222

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

07/25/2018 1600 ET

07/06/2018

617-494-2136Rachelle Faiteau (No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

6913G618R200019

5. SOLICITATION NUMBER

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF

1 54 V2401123OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

Cambridge MA 02142-1001 55 Broadway US DOT/Volpe Center

15. DELIVER TO

Cambridge MA 02142-1001 55 Broadway, V222 On-Site Contracts & SAP Branch

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$15.00

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 SCHEDULE

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)

USDOT/Volpe Center

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.

The Government requires Licensed Site Professional Support Services at the Volpe Center to address the presence of oil and hazardous materials located on and near its property in accordance with the attached statement of work.

RECOVERY: NON-RECOVERY

Period of Performance: 09/01/2018 to 08/31/2022

0100 Minimum Contract Guarantee $2,500.00 1 EA

Continued ...

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

HEREIN, IS ACCEPTED AS TO ITEMS:

X

XX

DATED

Rachelle Faiteau

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

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)

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

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT:

REF.

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.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

0200 The Contractor shall furnish all personnel, materials, supplies, equipment, support and management necessary to provide the services required under this contract. The Contract shall provide environmental support in accordance with the statement of work in PART II, Paragraph 1.0.

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

54 2 of

Request for Proposal No. 6913G618R200019

License Site Professional Support Services, Volpe Property

PART II

Continuation of block 20. Schedule of Supplies/Services

DESCRIPTION: This Request for Proposal is a total small business set aside. The RFP is being conducted in accordance with FAR PART 12- Acquisition of Commercial Items and pursuant to FAR Part 16.504- Indefinite Quantity Contracts. The applicable North American Industry Classification is 541620, Environmental Consulting Services with a small business size standard of $15M. A single IDIQ contract award will result from this RFP.

CONTRACT TYPE: This is an indefinite delivery/indefinite quantity (IDIQ) task order (TO) type contract. Work will be placed under this contract through the issuance of task orders. The resultant task orders will be issued on a firm fixed price basis, but the Government reserves the right to order Time and Material or Labor Hour task order if determined necessary.

CONTRACT LIMITATIONS: Maximum Contract Value: The value of all task orders placed under this contract shall not exceed $(TO BE COMPLETED AT TIME OF AWARD). As a task order is issued, it is subtracted from total capacity available under this contract. Minimum Guarantee: The guaranteed minimum for this contract is $2,500.

CONTRACT LINE ITEMS

CLIN Supplies/Services Qty. Unit Total Amount 0100 Minimum Guarantee 1 JOB $2,500.00 0200 The Contractor shall furnish all personnel, materials, supplies, equipment, support and management necessary to provide the services required under this contract. The Contract shall provide environmental support in accordance with the statement of Work, Section C.

1 JOB $____________

(To be completed at time of contract award)

1.0 STATEMENT OF WORK

1.1 INTRODUCTION:

The John A Volpe National Transportation Systems Center (Volpe Center) is a Federal fee-for-service organization within the Office of the Secretary of Transportation (OST-R) of the United States Department of Transportation (U.S. DOT). The Volpe Center’s mission is to improve the nation’s transportation systems.

In partnership with sponsoring agencies, the Volpe Center provides technical research and analysis services to the US DOT, other Federal agencies, state agencies, and other organizations in connection with the transportation-related components of their missions. The Volpe Center is located on 14 acres with an address of 55 Broadway, Cambridge, MA. The facility is comprised of 6 buildings that house approximately 1000 federal and contractor employees. The property also has several large surface parking lots, open space, and a playground for an on-site daycare.

1.2 BACKGROUND

In January 2017, the U.S. General Services Administration (GSA) entered into an exchange agreement with the Massachusetts Institute of Technology (MIT) for the construction of a new Volpe Center facility to be built on approximately 4 acres of the Property (the Federal Parcel), in exchange for ownership, after completion of the new Volpe Center facility, of the remaining 10 acres (the Exchange Parcel). MIT is in the process of exploring rezoning of the parcel to enable a mix of commercial, residential and other uses of the Exchange Parcel.

The Volpe Center facilities were constructed in the late 1960s as part of a redevelopment project initiated by the Cambridge Redevelopment Authority. The 14-acre Property has a history of industrial activities that date back to the early 1900’s and oil and hazardous materials (OHM) associated with historical operations on the Property and adjacent properties has been located in soil and groundwater on the site. A manufactured gas facility (MGF) was located immediately to the north of the Property and historical records indicate that at least a portion of the Property was used to transport coal ash to a canal that used to run through the Property. Other industrial uses, as well as an automobile service and filling station, have also been identified.

1.3 REFERENCES

In connection with the Exchange project, both the Volpe Center and the GSA conducted separate ASTM Phase I Environmental Site Assessments (ESAs) in December 2013 and November 2015 respectively. A number of Recognized Environmental Conditions (RECs) were identified through the Phase I ESAs based on known and suspected contamination at the Property. In the spring of 2016, GSA completed a Phase II ESA to further identify the nature and extent of OHM at the Property.

The Massachusetts Department of Environmental Protection (MassDEP) has been notified of exceedances of applicable standards for OHM through the filing of three Release Tracking Forms (RTNs). The Property is also subject to two prior RTNs.

RTN Date of Notification Contaminants of Concern

Status

3-0026067 7/18/2006 Coal Tar Release Abatement Measure Completed;

Class A3 Activity and

Use Limitation 3-0033603 5/25/2016 Naphthalene ongoing 3-0033952 11/21/2016 Various ongoing 3-0033954 11/21/2016 PCBs ongoing 3-0034321 6/30/2017 Oil ongoing

Additional information on these RTNs may be found in the MassDEP Searchable Sites database, at http://public.dep.state.ma.us/SearchableSites2/Search.aspx. Please note that two RTNs listed in the database, 3-0033953 and 3-0033955, were issued but then revoked by MassDEP and consolidated under 3- 003952.

1.4 OBJECTIVE

The Volpe Center’s objective is to obtain the services of a Massachusetts Licensed Site Professional (LSP) to guide and support ongoing environmental activities during the planning and redevelopment of the Volpe Center Property at 55 Broadway, Cambridge MA. The contractor shall provide environmental engineering support services to the Volpe Center in (1) environmental compliance with respect to the construction of the new Volpe Center facility; and (2) protection of the Volpe Center’s financial and regulatory interests with respect to the Exchange Parcel. The Volpe Center’s goals/objectives are to ensure that:

1. As a property owner, the Volpe Center is in compliance with all applicable environmental laws and regulations, including the Massachusetts Contingency Plan (MCP) (310 CMR 40.000);

2. The health and safety of Volpe Center employees, contractors, visitors and the public are protected;

3. Environmental compliance matters in connection with the construction of a new Volpe Center are compliant, cost-effective, and efficient;

4. Delay is minimized during the redevelopment of the Volpe Center; and

5. Downgradient property status issues, or involvement by Potentially Responsible Parties (PRPs) are identified in order to minimize the government’s responsibility for off-site contamination that has migrated to our property.

1.5 SCOPE OF WORK

The task order services performed under this contract will be used to support the Volpe Center as it addresses the presence of oil and hazardous materials (OHM) located on and near its property that resulted from historic industrial operations. The entire 14-acre site will undergo redevelopment, including the construction of a new Volpe Center facility to be owned by the federal government on a 4-acre parcel. As the property owner, the Volpe Center has responsibilities for the investigation, remediation and handling of OHM under Massachusetts law. Massachusetts regulations of OHM impose a series of requirements on property owners and mandate the use of LSP services.

Individual task orders will be awarded for the following general task types:

a. Environmental Support

The contractor shall provide technical engineering expertise and support by addressing environmental issues that arise in connection with the redevelopment of the entire parcel with the developer.

This work area focuses on environmental science and engineering, and MCP regulatory compliance.

http://public.dep.state.ma.us/SearchableSites2/Search.aspx

The Contractor will be expected to perform a variety of tasking in this area and have the capacity to perform the following types of work: evaluation and development of programs for Indoor Air Quality (IAQ) sampling, soil, and groundwater sampling; laboratory analysis of IAQ, soil, and groundwater samples, in accordance with EPA and MassDEP approved procedures, as stated in each task order;

human health and environmental risk assessments; contaminant description and properties;

monitoring well design, installation, and well development; contamination extent determination;

hydrogeology investigations; groundwater remediation flow analysis; determining groundwater remediation; soil remediation methods and treatment alternatives; analysis of soil and groundwater cleanup projects; environmental compliance audits; and related activities. Work may involve providing remedial action oversight and site closure in accordance with the MCP.

The Contractor shall furnish the necessary preliminary designs, planning documents, work plans, engineering plans, and specifications and identify required permits needed to implement remedial action and restoration activities. The Contractor shall determine and implement a course of action to follow in connection with waste disposal and release sites in accordance with current local, state and Federal laws and regulations.

b. Site Assessments and reporting The Contractor shall be required to conduct various site assessments at the Volpe Property. This work area covers laboratory sampling air, soil and ground water; Human health and risk assessments, and other environmental analysis in support of this requirement.

Examples of potential tasks, but not limited to be performed under this task area is:

• Conduct comprehensive site assessments, including air, soil, and groundwater sampling, Ground-Penetrating Radar studies, and prepare reports documenting findings

• Conduct supplemental site assessments to augment prior site assessments (e.g. MCP Phase II reports), and prepare reports documenting findings

• Conduct human health and environmental risk assessments in accordance with the MCP and prepare reports documenting findings.

• Prepare soil management plan(s) to be used during construction of the new Volpe facility

• Prepare RTN closure documents, including Activity and Use Limitations (AULs), in accordance with the MCP

c. Project Management and Reporting Requirements

The Contractor shall provide monthly progress reports summarizing significant progress achieved (e.g., findings, events, trends) during the reporting period and identify activities planned and events scheduled for the next month. Each monthly report should summarize hours of work performed against deliverables by labor category.

In addition, these monthly reports shall include a brief description of any technical and/or cost problem(s) encountered or anticipated that will affect completion of the project within the established timeframe and fiscal constraints. Recommended solutions or corrective action plans (with dates) for such problems, or identification of specific action that is required by the Government, should be included. If no problems were encountered, a statement to that effect should be included. The reports should also include activities scheduled for the next month.

The contractor shall be responsible for attending recurring meetings, in person and via phone conferences in support of this contract and the resultant task orders. The Contractor shall be responsible for providing meeting materials, all meetings will be schedule to be held at the Volpe Center or via conference call. The contractor shall be available by phone or email consultation with Volpe Personnel. The contractor shall prepare meeting notes following each meeting for submittal to Volpe Personnel, within one week of the meeting occurrence.

d. Regulatory and Policy Compliance Assessments

Work shall meet minimum requirements established by the Commonwealth of Massachusetts, and where applicable the US Environmental Protection Agency. Since requirements are under constant revision, the Contractor shall be responsible for compliance with the most recent revisions to the regulations throughout the duration of the work. The Contractor shall also be responsible for compliance with all applicable Federal and local regulations. Any instance where compliance would exceed the scope of work or specific requirements of the contract, and any conflicts between various regulations or between any regulation and government specifications, shall be brought to the immediate attention of the Contracting Officer (CO) for resolution. No new cost-bearing work shall be started without authorization from the CO.

The examples of work within this task area shall be as follows:

• Track reporting requirements for each active Release Tracking Number for the Volpe Center property

• Ensure all requirements for reporting are met in accordance with MassDEP required timeframes

• Provide written and oral notifications to MassDEP as required

e. Documentation, Reports and Submittal

The contractor shall prepare and provide analysis and reporting on the conditions and environmental requirements of the Volpe Center property.

Examples of potential tasks, but not limited to be performed under this task area is:

• Review of existing Site Information, both historical and current documentation (e.g. MCP

Phase I and Phase II, RAM and RAO reports, etc.)

• Review of additional site documentation prepared by others (such as MIT) for the property during the performance of the contract

• Submission of MCP documents

• Other documents as required under individual Task Orders such as written work plans, reports summarizing findings from site investigations and other regulatory compliance efforts, and surveys

Electronic Data Deliverables: The Contractor shall provide all deliverables and submittal data to the Volpe Center COR in electronic format. Paper or CD copies shall be provided upon request. Detailed requirements will be described in the individual TOs. Reports are required to be in Microsoft office

Word and Adobe Acrobat The Contractor shall furnish a draft report to the COR for review and feedback from the COR shall be addressed within the contractor’s final report (specific timeframe for feedback and comments will be addressed at the task order level).

1.6 GENERAL CONTRACTOR REQUIREMENT

The Contractor must have a lead professional, or staff of professionals, who is/are a Massachusetts Licensed Site Professionals (LSPs) pursuant to the laws and regulations of the Commonwealth of Massachusetts for the investigation and remediation of OHM.

• The ability to provide staffing support either in person at the Volpe Center, if necessary and over the phone within 2 hours of notification of an urgent matter.

• The ability to handle up to five (5) simultaneous tasks while complying with responsiveness stated above (e.g ability to provide support staffing within two hours of notification of an urgent matter).

• Demonstrated experience with:

• Large scale commercial development sites/projects in Boston/Cambridge Area with known and unknown contamination

• Demonstrated experience with the investigation, remediation, and disposal of hazardous materials that have been detected (resulting from MGP, and other historic industrial uses)

• Ability to obtain and oversee subcontracts for site exploration, sampling, and remedial activities

• LSP shall have a minimum of 10 years of experience working directly with MassDEP

1.7 TASK ORDER BASIC INFORMATION

Task orders will be awarded based on specific requirements as they arise. Tasks will be of the type(s) indicated in paragraph 1.5, and the specific requirements of each task order will be provided at the time of the Government’s request for proposal for each corresponding task order. At the task order level, the contractor’s proposal will comprise of the labor categories and hours necessary to perform the task, any other direct costs, Deliverables, and other descriptive information (to be specified per task order). Fully-burdened labor rates are fixed based on the negotiated pricing schedule (Attachment 1). Before task orders are issued there will be a discussion and negotiation of the proposal to ensure all parties fully understand the requirements and expectations.

1.8 PERIOD OF PERFORMANCE

The overall period of performance for this contract shall be from 4 years after date of award.

1.9 SUSTAINABLE ACQUISITION REQUIREMENTS

To the maximum extent possible and consistent with Federal Acquisition Regulations Part 23, the Government requires during the performance of the work under this Statement of Work (SOW) the Contractor to provide or use products that are: energy efficient (ENERGY STAR® or Federal Energy Management Program (FEMA)-designated); water-efficient; biobased; environmentally preferable (e.g., EPEAT-registered, or non-toxic or less toxic alternatives); non-ozone depleting; or made with recovered materials. Unless otherwise identified in this SOW, each recovered materials or biobased product provided and delivered must meet, but may exceed, the minimum recovered materials or biobased content of an

EPA- or USDA-designated product. The sustainable acquisition requirements specified herein apply only to products that are required to be: (1) delivered to the Government during contract performance; (2) acquired by the contractor for use in performing services (including construction) at the Federally-controlled facility; (3) furnished by the contractor for use by the Government; or ( 4) specified in the design of a building or work, or incorporated during its construction, renovation, or maintenance.

1.10 Travel

Costs for necessary and related travel shall be allowed only when required by the Contracting Officer (CO) or COR. Travel expenses will be negotiated at a firm fixed price before award of each task order. Travel expenses shall be in accordance with the rates set by Federal Travel Regulations.

1.11 Government Furnished Property and Equipment

The Volpe Center may provide meeting room space, computer equipment, supplies and on-site parking on an as needed basis, as identified specifically in the individual task orders.

2.0 CONTRACT ADMINISTRATION DATA

2.1 Transportation Acquisition Regulation (TAR) Clause 1252.242-73

CONTRACTING OFFICER’S TECHNICAL REPRESENTATIVE OCT 1994

(a) The Contracting Officer may designate Government personnel to act as the Contracting Officer's Technical Representative (COTR) to perform functions under the contract such as review and/or inspection and acceptance of supplies, services, including construction, and other functions of a technical nature. The Contracting Officer will provide a written notice of such designation to the Contractor within five working days after contract award or for construction, not less than five working days prior to giving the contractor the notice to proceed. The designation letter will set forth the authorities and limitations of the COTR under the contract.

(b) The Contracting Officer cannot authorize the COTR or any other representative to sign documents (i.e., contracts, contract modifications, etc.) that require the signature of the Contracting Officer.

(End of clause)

2.2 CONTRACT ADMINISTRATION RESPONSIBILITIES

Contracting Officer (CO): The CO has the overall responsibility for this contract. The CO alone, without delegation, is authorized to take actions on behalf of the Government to amend, modify, or deviate from the contract terms, conditions, requirements, specifications, details and/or delivery schedules. However, the CO may delegate certain other responsibilities to his/her authorized representatives. The Contracting Officer is:

Rachelle D. Faiteau 617-494-2136 rachelle.faiteau@dot.gov OST/R, U.S. Department of Transportation The Volpe Center (V-222) 55 Broadway Cambridge, MA 02142-1001

Contracting Officer's Representative (COR): A COR will be designated by the CO for the master contract and on a per task order basis. When a COR is designated on a Task Order he/she will be known as the Task Order Contracting Officer’s Representative (TOCOR). The TOCOR’s duties will mirror the duties described in this master contract. The responsibilities of the COR include but are not limited to: inspecting and monitoring the Contractor's work; determining the adequacy of performance by the Contractor in accordance with the terms and conditions of this contract; acting as the Government's representative in charge of work at the site to ensure compliance with contract requirements in so far as the work is concerned; and advising the CO of any factors which may cause delay in performance of the work. The COR does not have the authority to make new assignments of work or to issue directions that cause an increase or decrease in the price of this contract or otherwise affect any other contract terms. The COR (or TOCOR for task orders) will be responsible for the duties defined in paragraph 2.1 clause 1252.242-7 CONTRACTING OFFICER’S TECHNICAL REPRESENTATIVE The COR is:

(Completed at contract award) mailto:rachelle.faiteau@dot.gov

TOCOR’s will be identified on a per task order basis.

2.3 PAYMENT

All invoices, including supporting documentation, are to be submitted electronically (e.g. PDF format) via email to volpeinvoices@faa.gov (all lower case). The CO, and COR shall be copied or forwarded a copy of the e-mail. A cover email must accompany each invoice and provide the applicable information in the fields listed below:

Invoice Date: Supplier Name: Invoice Amount: Invoice Number:

Contract No. /CLIN No.:

Terms/Discount:

Performance Period: Notes:

The Contractor shall only submit invoices once a month. The Government may at its sole discretion arrange for a Contractor to review invoices and supporting data submitted for payment under the provisions of this contract. The Contractor reviewing invoices and supporting data will perform this function in accordance with contract provisions which prohibit disclosure of proprietary financial data or use of such data for any purpose other than to perform accounts payable services.

2.4 PERFORMANCE EVALUATIONS

In accordance with FAR Subpart 42.15; Contractor Performance Information, the Government shall prepare evaluations of contractor performance for contracts that exceed $150,000. Performance evaluations will be accomplished at the completion of the base year and at the completion of each exercised option period. The Government uses the Contractor Performance Assessment Reporting System (CPARS) as the primary method to complete evaluations (www.cpars.gov). “The Government uses the Contractor Performance Assessment Reporting System (CPARS) as the primary method to complete evaluations (www.cpars.gov). Completed past performance evaluations are also accessible in CPARS (formerly PPIRS).”

The Contractor is required to register in CPARS and shall have 14 calendar days in which to respond to Government comments. The Government will consider any comments provided by the Contractor before finalizing a past performance evaluation and will attach the Contractor’s comments to the final report.

3. SPECIAL CONTRACT REQUIREMENTS

3.1 NON-PERSONAL SERVICES (SEP 2009)

No personal services as defined in Part 37 of the FAR shall be performed under this contract. No contractor employee will be directly supervised by the Government. All individual employee assignments and daily work direction shall be given by the contractor’s supervisor. If the contractor believes any Government action or communication has been given that would create a personal services relationship between the Government and any contractor employee, the contractor shall promptly notify the Contracting Officer of this communication or action.

mailto:volpeinvoices@faa.gov http://www.cpars.gov)/

The Contractor shall not perform any inherently governmental functions under this contract. No contractor employee shall hold him or herself out to be a Government employee, agent, or representative. In all communications with third parties in connection with this contract, contractor employees shall identify themselves as contractor employees and specify the name of the company for which they work. In all communication with other government contractors in connection with this contract, the contractor employees shall state that they have no authority to in any way change the contract and that if the other contractor believes this communication to be a direction to change their contract, they should notify the Contracting Officer for that contract and not carry out the direction until a clarification has been issued by the Contracting Officer.

The Contractor shall ensure that all of its employees working on this contract are informed of the substance of this clause. Nothing in this clause shall limit the Government’s rights in any way under any other provision of the contract, including those related to the Government’s right to inspect and accept the services to be performed under this contract. The substance of this clause shall be included in all subcontracts at any tier.

3.2 SALES TAX EXEMPTION (SEP 2009)

The Volpe Center, as part of the Department of Transportation, an agency of the United States, is an exempt purchaser. Accordingly, all purchases of personal property by this organization are exempt from state and local taxation.

The Contractor will be provided with tax exemption certificates for the purpose of obtaining an exemption under this procurement for purchases under this procurement. Notwithstanding the terms of the Federal, State, and Local Taxes clause, the Contractor shall state separately on its vouchers the amount of state sales tax and the Government agrees to either pay the amount of the tax to the Contractor or, where the amount of the tax exceeds $250.00, to provide evidence necessary to sustain the exemption.

3.3 ORGANIZATIONAL CONFLICT OF INTEREST (FEB 2015)

An organizational conflict of interest means that because of other activities or relationships with other persons or entities, a Contractor is unable, or potentially unable to render impartial assistance or advice to the Government, or the Contractor's objectivity in performing the contract work is, or might be otherwise impaired, or the Contractor has an unfair competitive advantage. Organizational Conflict of interest includes situations where the capacity of a Contractor (including the Contractor's executives, directors, consultants, subsidiaries, parent companies or subcontractors) to give impartial, technically sound advice or objective assistance is or may be impaired or may otherwise result in a biased work product because of any past, present or planned interest, financial or otherwise, in organizations regulated by or assisted by DOT or in organizations whose interest may be substantially affected by Departmental activities.

3.4 PERFORMANCE OF WORK AND SAFETY PROVISIONS ON GOVERNMENT PREMISES (MAR 2005)

(a) Any work under this contract which is performed by the Contractor or any of its subcontractors on premises that are under direct control of the Government, is subject to the following provisions:

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

(2) The Contractor shall designate to the CO or designee, in writing, an on-the-premises representative to serve as point of contact.

(3) Any violation of applicable safety rules and requirements shall be promptly corrected as directed by the CO.

3.5 TECHNICAL DIRECTION (FEB 2013)

Performance of the work hereunder shall be under the technical direction of the COR and TOCOR on a specific task order. As used herein, "technical direction" is limited to directions to the Contractor that fill in details or otherwise complete the specific description of work set forth in the task order. This direction may not include new assignments of work, or may not be of such a nature as to cause an increase or decrease in the estimated cost of the contract or task order, or otherwise affect any other provision of this contract. The Contractor may not begin work without obligated funding and written technical direction.

PART III – CONTRACT CLAUSES

The following FAR clauses are provided in full text:

52.212-5 Contract Terms and Conditions Required to Implement JAN 2018 Statutes or Executive Orders – Commercial Items

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

__X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009).

__X_ (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Oct 2016) (Pub. L. 109-282) (31 U.S.C. 6101 note).

___ (5) [Reserved]

__X_ (6) 52.204-14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).

__X_ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).

__X_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) (31 U.S.C. 6101 note).

__x_ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313). (mark if offeror checks “has” in paragraph (b) of 52.209-7)

___ (10) [Reserved]

___ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C.

657a).

___ (ii) Alternate I (Nov 2011) of 52.219-3.

___ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C.

657a).

___ (ii) Alternate I (Jan 2011) of 52.219-4.

___ (13) [Reserved]

__X_ (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644).

___ (ii) Alternate I (Nov 2011).

___ (iii) Alternate II (Nov 2011).

___ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

___ (ii) Alternate I (Oct 1995) of 52.219-7.

___ (iii) Alternate II (Mar 2004) of 52.219-7.

__X_ (16) 52.219-8, Utilization of Small Business Concerns (NOV 2016) (15 U.S.C. 637(d)(2) and (3)).

___ (17) (i) 52.219-9, Small Business Subcontracting Plan (JAN 2017) (15 U.S.C. 637 (d)(4)).

___ (ii) Alternate I (NOV 2016) of 52.219-9.

___ (iii) Alternate II (NOV 2016) of 52.219-9.

___ (iv) Alternate III (NOV 2016) of 52.219-9.

___ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

__X_ (19) 52.219-14, Limitations on Subcontracting (JAN 2017) (15 U.S.C. 637(a)(14)).

___ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

___ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657f).

__X_ (22) 52.219-28, Post Award Small Business Program Representation (Jul 2013) (15 U.S.C.

632(a)(2)).

___ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

___ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C.

637(m)).

__X_ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

__X_ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (JAN 2018) (E.O.

13126).

__X_ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

__X_ (28) 52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246).

__X_ (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

__X_ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

__X_ (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

__X_ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

__X_ (33) (i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O.

13627).

___ (ii) Alternate I (Mar 2015) of 52.222-50, (22 U.S.C. chapter 78 and E.O. 13627).

__X_ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

__ (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O.13693).

___ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

___ (38) (i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514

___ (ii) Alternate I (Oct 2015) of 52.223-13.

___ (39) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s 13423 and 13514).

___ (ii) Alternate I (Jun 2014) of 52.223-14.

___ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

___ (41) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

___ (ii) Alternate I (Jun 2014) of 52.223-16.

__X_ (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513).

__X_ (43) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

___ (44) 52.223-21, Foams (Jun 2016) (E.O. 13696).

___ (45) (i) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

___ (ii) Alternate I (Jan 2017) of 52.224-3

__X_(46) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

___ (47) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112- 41, 112-42, and 112-43).

___ (ii) Alternate I (May 2014) of 52.225-3.

___ (iii) Alternate II (May 2014) of 52.225-3.

___ (iv) Alternate III (May 2014) of 52.225-3.

___ (48) 52.225-5, Trade Agreements (OCT 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

__X_ (49) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

___ (50) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008;

10 U.S.C. 2302 Note).

__X_ (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

___ (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

___ (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C.

4505), 10 U.S.C. 2307(f)).

__X_ (54) 52.232-30, Installment Payments for Commercial Items (JAN 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

_x__ (55) 52.232-33, Payment by Electronic Funds Transfer— System for Award Management (Jul 2013) (31 U.S.C. 3332).

___ (56) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332).

___ (57) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

___ (58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

___ (60) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).

___ (ii) Alternate I (Apr 2003) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

__X_ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495)

__X_ (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67.).

__X_ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__X_ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C.206 and 41 U.S.C. chapter 67).

___ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

___ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67).

___ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67).

__X_ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658).

____(9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706)

___ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792).

___ (11) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C. 5112(p)(1)).

(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iv) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.

(v) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(vi) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

(vii) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

(viii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

(ix) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

(x) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xi) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67).

(xii) (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O. 13627).

(xiii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67.)

(xiv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67)

(xv) 52.222-54, Employment Eligibility Verification (Oct 2015) (E. O. 12989).

(xvi) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

(xvii) 52.222-62, Paid sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

(xviii) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

(B) Alternate I (Jan 2017) of 52.224-3.

(xix) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xx) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxi) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

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

(End of Clause)

52.203-98, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements-Representation (DEVIATION 2015-02)

PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY

AGREEMENTS-REPRESENTATION (FEB 2015)

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

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

(c) Representation. By submission of its offer, the Offeror represents that it does not require employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(End of provision)

52.216-18 Ordering OCT 1995

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from date of award through August 31, 2022.

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

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

52.216-19 Order Limitations (Oct 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $2,500, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

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

(1) Any order for a single item in excess of $100,000.00

(2) Any order for a combination of items in excess of $100,000.00; or

(3) A series of orders from the same ordering office within three (3) calendar days that together call for quantities exceeding the limitation in subparagraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)),…