Amendment 0001 RFP 69319520R000004 Drug Alcohol Clandestine 6.25.2020_CO Signed.pdf

(x)

69319520R000004 x x copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted ; or (c) By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGEMENT TO BE

RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR

OFFER. If by virtue of this amendment you desire to change an offer already submitted , such change may be made by letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

x

693195

Washington DC 20590 1200 New Jersey Ave. SE Office of Acquisition Management Federal Transit Administration

693195

Washington DC 20590 1200 New Jersey Ave. SE Office of Acquisition Management Federal Transit Administration

13. THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTS/ORDERS. IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

12. ACCOUNTING AND APPROPRIATION DATA (If required) is not extended.is extended, Items 8 and 15, and returning

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended , by one of the following methods: (a) By completing

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

FACILITY CODE CODE

10B. DATED (SEE ITEM 13)

10A. MODIFICATION OF CONTRACT/ORDER NO.

9B. DATED (SEE ITEM 11)

9A. AMENDMENT OF SOLICITATION NO.

CODE

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code)

7. ADMINISTERED BY (If other than Item 6)CODE 6. ISSUED BY

PAGE OF PAGES

4. REQUISITION/PURCHASE REQ. NO.2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO. (If applicable)

1. CONTRACT ID CODE

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

06/02/2020

CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority) appropriation data, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

E. IMPORTANT: Contractor is not X is required to sign this document and return _______1___________ copies to the issuing office.

ORDER NO. IN ITEM 10A.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

The purpose of this amendment is to change the due date of the past performance questionnaires from Monday June 26, 2020 to Monday, June 29, 2020 under section L.8 of the RFP No. 69319520R000004 and attachment J-2 accordingly.

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)15A. NAME AND TITLE OF SIGNER (Type or print)

15C. DATE SIGNED 16B. UNITED STATES OF AMERICA 15B. CONTRACTOR/OFFEROR 16C. DATE SIGNED

(Signature of person authorized to sign) (Signature of Contracting Officer)

STEPHANIE COOKE-NWADIBIA

STANDARD FORM 30 (REV. 11/2016)

Prescribed by GSA FAR (48 CFR) 53.243

Previous edition unusable

Except as provided herein, all terms and conditions of the document referenced in Item 9 A or 10A, as heretofore changed, remains unchanged and in full force and effect .

3. EFFECTIVE DATE

SSee aSeeSeetached 16

(c) x

See effective16 (c)

6/26/2020

, Senior Contracting Officer

SECTION B: SUPPLIES OR SERVICES AND PRICES

B.1 Supplies or Services

The United States (U.S.) Department of Transportation (DOT), Federal Transit Administration

(FTA) is seeking professional contractor support to provide clandestine reviews and inspection services to support the efforts of the drug and alcohol testing programs of the Federal Transit

Administration regulated employers and FTA Drug & Alcohol audit program in accordance with the statement of work (SOW) in section C of this RFP/Solicitation.

This is a Small Business Set-Aside procurement for which we anticipate will result in award of a labor hour contract with labor hour and firm-fixed price (FFP) Contract Line Item Numbers

(CLINs). The period of performance will be a four-year term, one (1) year base period and three

(3) one (1) year option periods.

B.2 North American Industry Classification System (NAICS) Code and Small Business

Standard

The North American Industry Classification System (NAICS) Code for this acquisition is

541611, Administrative Management and General Management Consulting

Services. The small business size standard is $16.5 Million for this NAICS code.

B.3 Contract Line Item Number (CLIN)

CONTRACT LINE ITEM NUMBERS

CLIN 0001 Plan Clandestine Inspection Schedule and Annual Program Status

Report

CLIN 0002 Conduct Clandestine Urine and Breath Alcohol Collection Site

Compliance Reviews

CLIN 0003 Other Direct Costs-Travel Only (NTE)

CLIN 0004 Other Direct Costs Miscellaneous Only (NTE)

*NOTE: For each respective year after the base year, the CLIN number will change respectively yet remain the same title etc. For example, in the option year, CLIN 0001 will become CLIN

0101.

B.4 Contract Period of Performance

The contract period of performance is from date of award through a four-year period including a one (1) year base and three (3) one-year option periods. The Federal Acquisition Regulation

(FAR) clause 52.217-8 “Option to Extend Services” NOV 1999, shall be incorporated into the resulting contract, as referenced in Section I, in the event the Government requires continued performance of any services with the limits and at the rates specified in the contract beyond the four-year period of performance term.

B.5 Pricing/Labor Rates Table

BASE YEAR

**LH -Labor Hour FFP-Firm-FixedPrice

OPTION YEAR 1

CLIN Labor Categories # Hrs Rate Total

0001 (LH) Plan Bi-Annual Schedule/Deliver

Report

Senior Project Manager 25

Project Technician 80

Administrative Support 14

0002 (LH) Conduct Compliance Reviews

Senior Project Manager 80

Project Technician 1750

Administrative Support 80

CLIN Labor Categories # Hrs Rate Total

0001 (LH) Plan Bi-Annual Schedule/Deliver Report

Senior Project Manager 25

Project Technician 80

Administrative Support 14

0002 (LH) Conduct Compliance Reviews

Senior Project Manager 80

Project Technician 1750

Administrative Support 80

0003 (FFP) ODC Travel NTE $30,000.00

Air, hotel, etc.

0004 (FFP) ODC Misc. (Test fee, Shipping, etc.)

NTE

$25,000.00

Total

0003 (FFP) ODC Travel NTE $30,000.00

Air, hotel, etc.

0004 (FFP) ODC Misc. (Test fee, Shipping, etc.)

NTE

$25,000.00

Total

OPTION YEAR 2

CLIN Labor Categories # Hrs Rate Total

0001 (LH) Plan Bi-Annual Schedule/Deliver

Report

Senior Project Manager 25

Project Technician 80

Administrative Support 14

0002 (LH) Conduct Compliance Reviews

Senior Project Manager 80

Project Technician 1750

Administrative Support 80

0003 (FFP) ODC Travel NTE $30,000.00

Air, hotel, etc.

0004 (FFP) ODC Misc. (Test fee, Shipping, etc.)

NTE

$25,000.00

Total

OPTION YEAR 3- AUGUST 25, 2023- AUGUST 24, 2024

CLIN Labor Categories # Hrs Rate Total

0001 (LH) Plan Bi-Annual Schedule/Deliver

Report

Senior Project Manager 25

Project Technician 80

Administrative Support 14

0002 (LH) Conduct Compliance Reviews

Senior Project Manager 80

Project Technician 1750

Administrative Support 80

0003 (FFP) ODC Travel NTE $30,000.00

Air, hotel, etc.

0004 (FFP) ODC Misc. (Test fee, Shipping, etc.)

NTE

$25,000.00

Total

*NOTE: The labor categories in the Pricing Template (Attachment J-1) shall be used for the total life of this contract. If the labor categories for this requirement change but within scope of the contract, a modification must be executed to clearly reflect this to ensure clarity concerning the labor categories authorized for use. This contract will be awarded to the contractor based within the pre-established labor rates as stated using the CLIN structure in the Pricing Template (Attachment J-1).

(END OF SECTION B)

SECTION C: DESCRIPTION/SPECIFICATION/STATEMENT OF WORK

C.1 Objective

The FTA requires contractor personnel with sufficient expertise in Part 40 and the associated

Subparts relating to the drug urine and breath alcohol collection requirement, to conduct clandestine inspections of collection sites conducting DOT-required drug and alcohol testing.

Clandestine inspections are held in secret or undercover to access the accurate collection procedures of Part 40.

C.2 CONTRACT LINE ITEM NUMBERS (CLINs)

CLIN 001- Plan Clandestine Inspection Schedule and Annual Program Status Report

The contractor shall work with FTA/TSO Program Manager/Contracting Officer Representative

(COR) and/or Office of Drug and Alcohol Policy and Compliance (ODAPC) designated staff to determine which collection sites shall be clandestinely inspected. The contractor shall work in coordination with the FTA Program Manager to develop an annual schedule of reviews using data from the FTA D&A Audit Compliance program, and OST ODAPC. The contractor shall obtain information on canceled tests due to collection error from ODAPC’s master list of collection sites around the country and from transit systems and third-party administrators identified by the FTA. Analysis of this data shall be utilized to target collection sites for clandestine inspections. Data analysis of the FTA traditional audit programs final reports, FTA

Drug and Alcohol Management Information Systems (DAMIS) reports, ODAPC’s Service

Agent Index Database (SAI), when applicable and review data of other USDOT drug and alcohol modal programs shall be used as appropriate.

An annual status report must be submitted via email to the FTA Program Manager at least two weeks prior to the end of the contract option period of performance summarizing the state of the

DOT urine collection site industry data.

CLIN 002 -Conduct Clandestine Urine and Breath Alcohol Collection Site Compliance

Reviews

The contractor personnel shall conduct on-site clandestine urine drug and breath alcohol collections at transit provider contracted collection sites and or medical facilities. Clandestine inspections shall consist of submitting to a collection of urine/and or breath alcohol specimen to ensure the collection site/collector is compliant with Part 40. Contractor personnel shall deliver a final report of each on-site clandestine inspection, list process deficiencies, make recommendations regarding process and improvements required and when necessary, issue a

Notice of Corrective Action (NOCA).

As the support required varies in complexity, at least one senior level analyst and one other analyst shall be required to support this work conducting on-site clandestine inspections of collection site procedures. The contractor shall provide qualified technical analysts familiar with

Parts 40 and 655 drug and alcohol testing program. Within 10 days upon completion of the inspection, the Contractor shall upload all Custody and Control Forms (CCFs) and Final Reports into the FTA Drug and Alcohol Program Management Auditors website portal. Continuing

Concerns Letters, when applicable, and Compliance Letters shall be uploaded into the FTA Drug and Alcohol Program Management Auditors website within 5 days of issuance.

CLIN 003- Other Direct Costs-Travel Only (NTE)

Per notification from the COR, the contractor will travel to conduct clandestine inspections and provide inspection reports regarding observations and issues of possible non-compliance. The contractor shall obtain approval from the COR before incurring any such costs and provide detailed travel expenses in monthly invoices. Travel and Per Diem authorized under this requirement shall be reimbursed in accordance with the requirements of Federal Acquisition

Regulation (FAR) (48 CFR 31.205-46), entitled “Travel Cost” and with the Federal Travel

Regulations (FTR) (41 CFR Chapter 300, et seq.) in effect at the time of travel. Travel by air will be reimbursed at actual cost not to exceed coach fare. Travel subsistence reimbursement will be authorized under the rates and conditions of the Federal Travel Regulations (FTR) in effect at the time of travel. Throughout the period of performance of this requirement, the

Government revises the Per Diem rates to reflect changes to these amounts or to the travel regulations. The Per Diem schedule and changes to the travel regulations may be reviewed at https://www.gsa.gov/travel-resources.

CLIN 004 Other Direct Costs Miscellaneous Only NTE

Per notification from the COR, the contractor will conduct clandestine inspections provide reports regarding observations and issues of possible non-compliance. The contractor shall obtain approval from the COR before incurring any such costs and provide detailed expense in monthly invoices. Costs associated could include but are not limited to the following: test collection fee, MRO verification fees, lab processing fee, printing and shipping.

C.3 Performance Indicators/Performance Standards

The Contractor shall use electronic means of storage. All service agent(s) response in hardcopy shall be scanned for archiving. The inspection team leader is also responsible for uploading all

CCFs, final reports, continuing concerns letters, and compliance letters in the auditor’s website.

The contractor will also upload an Microsoft (MS) Office Excel Spreadsheet detailing the completed schedule for each inspection trip. The spreadsheet will include, name of service agent, address, name(s) of reviewer, time of urine collection, reviewer arrival and departure times of visit to each service agent and DOT employer affiliated with the vendor.

The Contractor shall immediately inform the FTA Program Manager when a vendor is unresponsive or uncooperative to request during any phase of the process.

All Contract personnel attending meetings, answering questions/inquiries, and or working in situations where their contractor status is not obvious to third parties are required to identify themselves as contractors/auditors for the Federal Transit Administration (FTA), to avoid creating an impression in the minds of the public that they are Government officials. They must http://www.gsa.gov/travel-resources http://www.gsa.gov/travel-resources also ensure all documents or reports produced by the contractor on behalf of the FTA are suitably marked as contractor and sent from the Government issued email address.

The Contractor shall copy the FTA Program Manager on all responses to service agents’ questions/concerns, which occur outside of the normal audit process.

C.4 Personnel Qualifications: See the information listed below:

Senior Project Manager (Key Personnel)

Functional Responsibility: The Senior Project Manager (PM) should possess extensive knowledge of the concepts, standards, practices and procedures of clandestine inspections. The

PM should have well-developed leadership skills. Plans and conducts analysis and evaluation of inspection efforts. The PM provides guidance, technical leadership and expertise in the field.

Minimum Education and experience qualifications: BS/BA required, Advanced degree preferred. Program Manager must have a minimum of 5 years’ experience with conducting clandestine inspections.

Project Technician (Key Personnel)

Functional Responsibility: The Project Technician provides authoritative, technical leadership and expertise in the field related to conducting clandestine inspections. The Project Technician should possess and apply advanced knowledge of the field specialization to the completion of major, complex projects.

Minimum Education and experience qualifications: BS/BA required. The Project Technician must have a minimum of 5 years of experience with conducting clandestine inspections.

Administrative Support (Non-Key Personnel)

Functional Responsibility: The Administrative Support must be able to gather information, compile, review and edit reports and complete complex projects with little direction.

Minimum Education and experience qualifications: High School Diploma, BS/BA preferred.

They should have a minimum of 5 years of experience providing administrative support functions.

(END OF SECTION C)

SECTION D: PACKAGING AND MARKING

All packing, packaging and mailing of reports or submittals shall be accomplished in the most economical and efficient manner and in accordance with the best commercial practices.

All information submitted to the Contracting Officer and the Contracting Officer's Representative shall be clearly marked with the legal name of the organization/contractor, the contract number, and/or modification number as appropriate and the identification of the submission. Additional packaging and marking requirements will be specified, as necessary, in the resulting contract.

(END OF SECTION D)

SECTION E: INSPECTION AND ACCEPTANCE

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 the following address:

http://www.acquisition.gov.

52.246-4 INSPECTION OF SERVICES- FIXED PRICE (AUG 1996)

52-246-6 INSPECTION-TIME-AND-MATERIAL AND LABOR-HOUR (MAY 2001)

E.1 Inspection/Acceptance

The Contracting Officer or the COR, at the U.S. DOT, FTA Headquarters, Washington, DC, will perform final inspection and acceptance of all items and services called for in the resulting contract. The Contracting Officer reserves the right to designate other Government agents as authorized representatives upon unilateral written notice to the Contractor, which may be accomplished in the form of a transmittal of a copy of the authorization.

E.2 Government Contract Quality Assurance

The Government intends to do quality assurance to monitor the quality of the contractor’s performance. The oversight provided for in the order and by the Government’s monitoring, will help to ensure that service levels reach and maintain the required levels throughout the contract term. Further, the Government’s quality assurance monitoring will provide the COR with a proactive way to avoid unacceptable or deficient performance, and provides verifiable input for the required Past Performance Information Assessments. Thus, the contractor must ensure that deliverables meet the Government’s acceptance.

E.3 Standards of Work

Contractors are required to meet these standards/measures in the performance of their work:

• Adherence to Direction – Contractor shall follow all contract requirements and technical direction from the delegated COR.

• Customer Service – Contractor shall act with professionalism and be respectful and courteous at all times.

• Deadline Adherence – Time is of the essence in the performance of all grant accrual activities.

Contractor shall meet deadlines for all tasks and deliverables. As required, the necessary approvals or responses prior to submission of deliverable or completion of task shall be received and documented. If any party fails to respond to contractor in a timely manner, http://www.acquisition.gov/ possibly affecting their adherence to deadline, the contractor shall elevate that failure to respond to the COR. The contractor shall request an adjustment of deadline for cause from the

COR, in advance of deadline.

• Written Deliverable Typographical Accuracy and Formatting – Written deliverables shall be:

spelled correctly, grammatically correct, free of typographical errors, formatted correctly and consistently, accurate in the use of professional salutations, and provided in a software type/version that meets the needs of the receiving office.

• Precision in Written Deliverables – Written deliverables shall be: thorough, accurate, clear, concise, professional, consistent, and thorough in their use of citations of relevant requirements or materials.

• Quality Assurance/Quality Control – Contractor shall employ adequate quality assurance / quality control methods to ensure all activities and deliverables meet the performance requirements.

(END OF SECTION E)

SECTION F: DELIVERIES OR PERFORMANCE

F.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

52.242-15 Stop-Work Order (AUG 1989)

For the requirement, the anticipated delivery schedule has been provided below concerning each

CLIN.

Deliverables Schedule

Deliverable Deliverable Due Date Deliver To

CLIN 001: Plan Annual

Clandestine Audit

Schedule and Annual

Debrief Report

Inspection Schedule

NTP plus 3 months

COR via email

Acceptance Criteria: The deliverables will be deemed acceptable for review by the

Contracting Officer’s

Representative (COR) as

Microsoft (MS) Office

Word documents.

CLIN 002: Conduct

Clandestine Urine and

Breath Alcohol Collection

Site Compliance

/Inspections

Inspection Report

NOCA

deliverables will be deemed

NTP plus 11 months acceptable for review by the

COR as MS Office Word documents.

CLIN 0003: ODC Travel

Only -NTE deliverable will be deemed acceptable for review by the

COR as MS Office Word documents.

CLIN 004 ODC

Miscellaneous Only

F.2 Place of Performance

The place of performance is at selected collection site facilities, nationwide.

F.3 Period of Performance

The period of performance is for one 12-month base period with three (3) 12-month option periods, if exercised.

F. 4 Interim and Post Award Evaluation Contractor Performance

1. Contractor Performance Evaluations

Interim and final evaluations of contractor performance will be prepared on this contract in accordance with FAR 42.15. The final performance evaluation will be prepared as soon as possible after completion of all required work.

Interim and final evaluations will be provided to the contractor as soon as practicable after completion of the evaluation. The contractor may elect to review evaluation and submit additional information or a rebuttal statement within thirty days. Any contractor response is voluntary. Any disagreement between the parties regarding an evaluation will be referred to an individual one level above the Contracting Officer, whose decision is final.

Copies of the evaluations, contractor responses and review comments, if any, will be retained as part of the contract file, and may be used to support future award decisions.

2. b. Electronic Access to Contractor Performance Evaluations and the Contractor

Performance Assessment Reporting System (CPARS).

Effective September 30, 2010, the U.S Department of Transportation started to utilize the

Department of Defense’s CPARS to record and maintain interim and final past performance information. CPARS allows contractors to electronically submit comments regarding the

Government’s assessment to indicate concurrence or non-concurrence with the overall evaluation.

For more information on CPARS, please go to www.cpars.gov. Past Performance Information

Retrieval System (PPIRS) data has been merged into the Contractor Performance Assessment

Reporting System (CPARS).

(END OF SECTION F)

http://www.cpars.gov/

SECTION G: CONTRACT ADMINISTRATION DATA

The Government will establish regular periods for contract level program reviews. Conflict of Interest shall be addressed by the COR and/or CO prior to the initial contract award. If potential conflicts of interest come up after contract award, the contractor must submit an Organizational Conflict of Interest (OCI) Mitigation Plan to the Government for review and approval.

Senior/Lead Contracting Officer (CO)

Mrs. Stephanie Cooke-Nwadibia U.S. Department of Transportation

Federal Transit Administration

Office of Acquisition Management

1200 New Jersey Ave. S.E.

4th Floor - East Building, Rm: E42-117

Washington, DC 20590

Phone number: 202-366-7072

Email address: stephanie.cooke-nwadibia@dot.gov

Contract Specialist (CS)

Ms. Tonya Better U.S. Department of Transportation

Federal Transit Administration

Office of Acquisition Management

1200 New Jersey Ave. S.E.

4th Floor - East Building, Rm: E42-312

Washington, DC 20590

Phone number: 202-366-2503

Email address: tonya.better@dot.gov

Contracting Officer’s Representative (COR)

T BD

The Contracting Officer (CO) holds the contractual authority for the resulting contracts. 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, and requirements. The CO may delegate certain other responsibilities to the Contracting Officer’s Representative (COR). The CO is the only individual who can legally commit or obligate the Government or authorize any changes that affect the contract price, delivery schedule, period of performance or other terms and conditions.

In accordance with the Transportation Acquisition Regulation (TAR) 1252.242-73 (b)

Dissemination of Contract Information (See Section I), the Contracting Officer cannot authorize the COR or any other representative to sign documents (i.e., contracts, contract modifications, appointments, conflict resolutions, etc.) that require the signature of the Contracting Officer.

mailto:stephanie.cooke-nwadibia@dot.gov mailto:tonya.better@dot.gov

In accordance with TAR 1252.242-73 (See Section I), Contracting Officer’s Representative

TAR Clause (OCT 1994), (a) The Contracting Officer may designate Government personnel to act as the Contracting Officer's Representative (COR) to perform functions under the contract such as review and/or inspection and acceptance of supplies, services, including construction and other functions of a technical nature. The Contracting Officer will provide a written notice of such designation to the Contractor within five working days after contract award or for construction, not less than five working days prior to giving the contractor the notice to proceed.

The designation letter will set forth the authorities and limitations of the COR under the contract.

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

Contracting Officer.”

G.2 COR Assignment

Upon contract award, the Contracting Officer’s Representative will be designated.

The COR has the authority to monitor the technical progress of the services that are required under the resulting contracts. This includes visits to the contractor’s place of performance, meetings, and telephone conversations with the contractor’s personnel, inspection, acceptance, or rejection of the contracted items and other duties that may be authorized by the contracting officer. The COR cannot authorize or order the cessation of contract work nor delete, change, or waive any of the technical requirements or other terms and conditions of the resulting contracts. If a change

(monetary or otherwise) to the contract is desired, the contractor must submit a written request to the contracting officer for consideration. If appropriate, the change will be effected by a contract modification, after discussions and/or negotiations.

Whenever a difference of opinion between the contractor and the COR occurs, the contracting officer or contract specialist should be contacted immediately for resolution. The contractor should also contact the Contracting Officer or Contract Specialist when the COR cannot be contacted on a technical matter and for assistance on all other matters pertaining to the resulting contracts.

G.3 Billing Instructions

The Contractor's failure to comply with the billing instructions below and/or in the invoice template will render the invoice as improper, and resubmission of the invoice shall be required to obtain invoice payment.

FTA’S METHOD OF INVOICE TRANSMITTAL-eInvoicing

The Contractor shall submit the invoice through the Delphi eInvoicing System.

ELECTRONIC SUBMISSION OF PAYMENT REQUESTS

(a) Definitions. As used in this clause—

(1) Contract financing payment has the meaning given in FAR 32.001.

(2) Payment request means a bill, voucher, invoice, or request for contract financing payment or invoice payment with associated supporting documentation. The payment request must comply with the requirements identified in FAR 32.905(b), “Content of Invoices,” this clause, and the applicable Payment clause included in this contract.

(3) Electronic form means an automated system transmitting information electronically per the accepted electronic data transmission methods and formats identified in paragraph (c) of this clause. Facsimile, email, and scanned documents are not acceptable electronic forms for submission of payment requests.

(4) Invoice payment has the meaning given in FAR 32.001.

(b) Electronic payment requests. Except as provided in paragraph (e) of this clause, the contractor shall submit payment requests in electronic form. Purchases paid with a

(c) The United States (U.S.) Department of Transportation utilizes the Delphi eInvoicing web-portal for processing invoices. For vendors submitting invoices and certain grantees submitting payment requests, they will be required to submit invoices to FTA electronically via the Delphi eInvoicing web-portal which is accessed via the website: https://einvoice.esc.gov, and is authenticated via www.login.gov. All persons accessing the Delphi eInvoicing web-portal will be required to have their own unique user Delphi eInvoicing ID and be credentialed through login.gov. See www.login.gov for instructions.

(d) In order to receive payment and in accordance with the Prompt Payment Act, all invoices submitted as attachments in the Delphi eInvoicing web-portal shall contain the following:

(1) Invoice number and invoice date.

(2) Period of performance covered by invoice.

(3) Contract number (if applicable) and title of program.

(4) Task/Delivery Order number and title (if applicable).

(5) Purchase Order number (if applicable)

(6) Amount billed (by CLIN), current and cumulative.

(7) Total ($) of billing.

(8) Cumulative total billed for all work performed to date.

(9) Name, title, phone number, and mailing address of person to be contacted in the event of a defective invoice.

If the contracted requirement includes allowances for travel, all invoices which include charges pertaining to previously approved travel expenses which must catalog a breakdown of authorized reimbursable expenses with the appropriate receipts to substantiate the travel expenses.

Contractual requirements with Other Direct Costs (ODCs) for miscellaneous cost must also be included in the respective invoice submitted for payment to the Government (if applicable).

(1) Electronic authentication. See www.login.gov for instructions. Click on the following link for instructions on establishing a login.gov account: https://login.gov/help/.

(2) To create a login.gov account, the user will need a valid email address and a working phone number. The user will create a password and then login.gov will reply with an email confirming the email address.

(3) Agency POC’s will be responsible for communicating with vendor POC’s to initiate the Delphi http://www.login.gov/ http://www.login.gov/ http://www.login.gov/ https://login.gov/help/ eInvoicing account creation process. Vendor POC’s who will require access to the eInvoicing web-portal for invoice submission and payment tracking purposes will be required to provide their full name, valid email address, and current phone number to the agency POC to initiate the Delphi eInvoicing web-portal account. Vendor users and the agency POC will be notified via e-mail when the account is created. The vendor user will be provided detailed instructions for logging into their

Delphi eInvoicing account.

(4) Training on Delphi. To facilitate use of DELPHI, comprehensive user information is available at http://einvoice.esc.gov.

(5) Account Management. Vendors are responsible for contacting the Delphi Help Desk when their firm’s points of contacts will no longer be submitting invoices so they can be removed from the system. Instructions for contacting the Delphi Help Desk can be found at http://einvoice.esc.gov. If the vendor’s point of contact changes for the contractual requirement, the vendor must notify the Delphi Help Desk in a timely manner to avoid any future confusion regarding financial transactions etc.

FTA vendors shall submit invoices to FTA electronically via the Delphi eInvoicing web-portal.

To initiate this process, you are requested to provide FTA with information (company name, contract number, and up to two Point of Contact (POC) full names and their email addresses) as shown on the table below. Vendors must provide the previously stated information as applicable to their contractual requirement for which an invoice is being submitted to the Government for payment

Company

Name

Contract

No.

Primary

POC

First

Last

Email

Address

Secondary

POC First

POC Last email

Email the above information to the following email address: FTAeInvoicing@fta.gov unless told otherwise by the Government. Please note that the POCs you provide are the individuals your firm authorizes to submit invoices to FTA on behalf of your company. Your POCs will then receive a welcome letter from Delphi eInvoicing processing center with instructions on creating a Login.gov user account. This account can then be used to access the eInvoicing web-portal at http://einvoice.esc.gov.

http://einvoice.esc.gov/ http://einvoice.esc.gov/ mailto:FTAeInvoicing@fta.gov http://einvoice.esc.gov/

G.3.1 FAA, Enterprise Service Center’s (ESC) eInvoicing Help Desk

Access to the new Delphi eInvoicing System is granted by the FAA, Enterprise Service Center’s

(ESC) eInvoicing Help Desk. The FTA Delphi Security Officer will forward all Delphi User

Access Request Forms directly to the eInvoicing Help Desk on behalf of the FTA Approving

Officials and Vendors. Once access is granted, the eInvoicing Help Desk will email the vendor to validate the recipient’s identity, provide training materials, and assist users in navigating within the eInvoicing System.

Vendors may contact the eInvoicing Help Desk by calling 405-954-3000, pushing option 4, and listening to the message pertaining to the Delphi eInvoicing process.

G.4 Submission of Vouchers

Vouchers may be submitted monthly. The FTA PO number, voucher number, and contract number must be clearly listed on every voucher that’s submitted. In addition, the name of the COR should also be listed on every voucher that’s submitted.

G.5 Method of Payment and Procedure

G.5.5.1 Payments under this contract shall be made under the Department of Treasury’s

Automated Clearing House (ACH) system. Under this system, the funds will be wired

(electronically transferred or EFT) to the contractor’s financial institution pursuant to

FAR 52.232-34.

G.5.5.2 Prior to the submission of Voucher No. 1, the Contractor shall insure that the information contained in the TFS Form 3881, “Payment Information Form-ACH

Vendor Payment System,” will be provided upon contract award. Or alternatively, TFS

Form 3881 can be obtained from the Treasury’s website at http://fms.treas.gov/pdf/3881.pdf or the Contracting Office. The cover page to the

Contract award should accompany the TFS Form 3881, and be faxed to FTA at (405)

954-9776.

FTA’s designated office for electronic funds transfer information is:

Mailing Address:

U.S. Department of Transportation

Federal Transit Administration

Office of Financial Management, TBP-50

1200 New Jersey Ave., 5th Floor – East Bldg. E54-465 Washington, DC 20590

Telephone number: 202-366-0992 Person to Contact: Mr. Michael Whitaker

G.6 Status of Payments

Contractors can track the status of payments for vouchers through the Department of

Treasury’s “Internet Payment Platform” system, a system developed by the U.S. Department of

Treasury’s Financial Management Service (FMS), to provide participating Federal agencies http://fms.treas.gov/pdf/3881.pdf with a method of making remittance information available to vendors through the Internet.

Contractors may register with the Department of Treasury to obtain payment statuses by logging on: https://www.ipp.gov/. Any changes shall be submitted in writing to the Contracting

Officer. It is the Contractor’s responsibility to furnish these changes promptly to avoid payments to erroneous addresses or bank accounts. Failure to provide the requested informational changes to the Contracting Officer may result in delays in the payment of vouchers. Any such delays shall be considered the Contractor’s responsibility.

G.7 Post Award Evaluation and Contractor Performance

G.7.1 Contractor Performance Evaluations

Interim (after one year of performance) and final evaluations of contractor performance will be prepared for the contract awarded in accordance with FAR 42.15. The final performance evaluations will be prepared as soon as possible after completion of all required work under this contract.

Interim and final evaluations will be provided to the contractor as soon as practicable after completion of the evaluation. The contractor may elect to review the evaluation and submit additional information or a rebuttal statement within thirty days. Any contractor response is voluntary. Any disagreement between the parties regarding an evaluation will be referred to an individual one level above the Contracting Officer, whose decision is final.

Copies of the evaluations, contractor responses and review comments, if any, will be retained as part of the contract file, and may be used to support future award decisions.

G.7.2 ELECTRONIC ACCESS TO CONTRACTOR PERFORMANCE EVALUATIONS

The U.S. Department of Transportation uses Contractor Performance Assessment Reporting

System (CPARS) to record and maintain interim and final past performance information.

Contractors that have internet capability may access evaluations through a secure web site for review and comment by completing the registration form that can be obtained at the following

URL: http://www.cpars.gov.

The registration process requires the contractor to identify an individual that will serve as a primary contact and who will be authorized access to the evaluation for review and comment. In addition, the contractor will be required to identify a secondary contact who will be responsible for notifying the cognizant contracting official in the event the primary contact is unavailable to process the evaluation within the required 30-day time period. Once the contractor is registered and a performance evaluation has been prepared and is ready for comment, CPARS will send an email to the contractor representative notifying that individual that a performance evaluation is electronically available for review and comment.

G.7 Post Award Conference / Periodic Progress Meetings

The Contractor agrees to attend any post award conference convened by the contracting activity or contract administration office in accordance with Federal Acquisition Regulation Subpart http://www.ipp.gov/ http://www.cpars.gov/

42.5. The Contracting Officer (CO), Contracting Officers Representative (COR), and other

Government personnel, as appropriate, may meet periodically with the contractor to review the contractor's performance. At these meetings, the CO or COR shall apprise the contractor of how the government views the contractor's performance and the contractor shall apprise the

Government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the government.

G.8 Equitable Adjustment in the Case of Termination by DOT

If the resultant contract is terminated, by DOT, for default or for the convenience of the

Government, DOT will request a Termination Settlement Proposal from the Contractor. And in the event of a termination, the dollar amount payable by DOT to the contractor shall be the

LEAST (i.e., the LOWEST) of the following amounts: (a) The dollar-amount arrived at, by

DOT, in an Equitable Adjustment after DOT’s review of the Termination Settlement Proposal submitted to DOT by the contractor; or (b) the costs (and the associated fee) actually, allocable, allowable and reasonably incurred by the contractor during performance of the contract up to the time of its termination, and not previously reimbursed to the contractor by DOT; or (c) the dollar amount that can be paid to the contractor from the contract’s cumulative obligated funding that remains available and that has not previously been used to make payments to the contractor.

G.9 Funds Availability—Limitation of Funds

The Government’s obligation under this contract is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are made available to the

Contracting Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer.

(END OF SECTION G)

SECTION H: SPECIAL CONTRACT REQUIREMENTS

H.1 Executive Order 13693 Planning for Federal Sustainability (March 19, 2015)

This specific executive order was signed on March 15, 2015. EO 13693 introduces new requirements and expands upon requirements established by EO 13514, EO 13423, the Energy

Policy Act (EPA) of 2005, and the Energy Independence and Security Act (EISA) of 2007. The following are some goals of the EO 13693 which federal agencies are required to achieve:

Greenhouse Gas (GHG) Emissions Reduction and Reporting

Energy Conversation and Renewable Energy

Sustainable Acquisition

Performance Contracting

Strategic Sustainability Performance Plan

H.2 Excluded Functions and Responsibilities

Functions and responsibilities directly involved or associated with the management of any FTA

Office are expressly excluded from this contract or order issued hereunder. The parties hereby agree that any instructions, directives, or orders issued under this contract involving such management functions and responsibilities shall be null and void. The following activities are representative of the excluded functions and responsibilities that cannot be provided by the contractor under this contract or order issued hereunder:

(1) Policy making or management of FTA operations;

(2) Program or project management;

(3) Technical management of Government contracts;

(4) Government purchasing, contracting, contract administration, acceptance of materials and/or performance, and pay and accounting therefore;

(5) Direction or supervision of other Government contracts or Government agencies, or otherwise acting as an agent to obligate or commit in any capacity;

(6) Clerical and other administrative type functions required to be performed by civil service personnel; and

(7) Supervision of Government employees.

H.3 Non-Personal Service

As stated in the Office of Federal Procurement Policy (OFPP) Letter 92-1, dated September 23, 1992, “Inherently Governmental Functions,” (See FAR 2.101 for definition of ‘inherently government function’), no personal services shall be performed under this contract. Contractor employees will not be directly supervised by the Government. All individual employee assignments, and daily work direction, shall be given by the applicable employee 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.

The Contractor shall not perform any inherently governmental actions under this contract. No

Contractor employee shall hold him or herself out to be a Government employee, agent, or representative. Contractor employees shall not state orally or in writing, at any time that he or she is acting on behalf of the Government. In all communications with third parties in connection with this contract, Contractor employees shall identify themselves as Contractor employees and specify the name of the company for which they work.

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

H.4 Contractor Personnel Maintenance of Professional Conduct

All personnel assigned by the Contractor to work under this contract must be acceptable to the Government in their personal and professional conduct. Any person in the Contractor’s organization or in any subcontractor’s organization, who is deemed by the Contracting Officer or the COR whose conduct may affect the performance of the Contractor or the image of the FTA, shall be immediately removed from the assignment on the contract. The reason for removal must be documented in writing by the Contracting Officer. Employment and staffing difficulties are not adequate justification for failing to meet established schedules and if they impair performance, the Contractor may be subject to default. Any security violations, denials or revocations of security clearances may be construed as grounds for immediate removal from premises and the contract. The Contractor and its employees, subcontractors and or consultants shall only conduct business covered by this contract during periods paid for by the Government.

Contractor personnel shall abide by the normal rules and regulations applicable to Government and grantee premises on which they work, including any applicable safety and security regulations.

H.5 Section 508 Compliance

All electronic and information technology deliverables required under this resulting contract must comply with Section 508 of the Rehabilitation Act and the Access Board Standards available for viewing at http://www.section508.gov. Unless otherwise indicated, the contractor represents by http://www.section508.gov/ signature on the resulting contract that all deliverables shall comply with the Access Board standards.

H.6 U. S Department of Transportation (DOT) Contractor Personnel Security and

Agency Access (NOV 2011)

Contractor personnel will be provided with identification badges and necessary access to facilities used to provide the services set forth in this contract based on the criterion below.

The following definitions are provided:

• "Agency Access" means access to DOT facilities, sensitive information, information systems or other DOT resources.

• "Applicant" is a contractor employee for whom the contractor submits an application for a

DOT identification card.

• "Contractor Employee" means prime contractor and subcontractor employees who require agency access to perform work under a DOT contract.

• "Identification Card" (or "ID card") means a government issued or accepted identification card such as a Personal Identity Verification (PIV) card, a PIV-Interoperable (PlV-I) card from an authorized PIV-l issuer, or a non-PIV card issued by DOT, or a non- PIV card issued by another

Federal agency and approved by DOT. PIV and PIV-l cards have physical and electronic attributes that other (non-PIV) ID cards do not have.

• "Issuing Office" means the DOT entity that issues identification cards to contractor employees.

• "Local Security Servicing Organization" means the DOT entity that provides security services to the DOT organization sponsoring the contract.

1. Risk and Sensitivity Level Designations — For contracts requiring access to DOT facilities, sensitive information, information systems or other DOT resources, the contractor employees will be required to complete background investigations, identity proofing, and government identification card application procedures to determine suitability for access. DOT will assign a risk and sensitivity level designation to the overall contract and/or to contractor employee positions by category, group or individual. The risk and sensitivity level designations will be the basis for determining the level of personnel security processing required for contractor employees.

IF THE DESIGNATED RISK: THE BACKGROUND INVESTIGATIONS IS: TBD

Low: National Agency Check with Written Inquiries (NACI) Moderate: Minimum Background Investigation (MBI)

High: Background Investigation (BI)

Contractor employees may also be required to obtain security clearances (i.e., Confidential, Secret, or Top Secret). National Security work designated "special sensitive," "critical sensitive," or "non-critical sensitive" will determine t he l ev el of clearance required fo r contractor

Employees. Personnel security clearances for national security contracts in DOT will be processed according to the Department of Defense National Industrial S ecurity Program Operating Manual

(NISPOM).

2. Pre-screening o f Contractor E m p l o y ees - The co n t r ac t o r m u st pre-screen individuals designated for employment under any DOT contract by verifying minimal suitability.

3. Requirements to ensure that only quality candidates are considered for contract employment, and to mitigate the burden on the Government of conducting background investigations on objectionable applicants. The contractor must exercise due diligence in pre-screening all employees prior to submission to DOT for agency access. DOT may decline to grant agency access to a contractor employee for reasons including, but not limited to:

a. Conviction of a felony, a crime of violence, or a misdemeanor involving moral turpitude.

b. Falsification of information entered on forms or of other documents submitted.

c. Improper conduct including criminal, infamous, dishonest,…