Amendment 0001 - Drug and Alcohol RFP 69319521R000005.pdf

(x)

69319521R000005 x x x

693195

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

09/02/20210001

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, 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 Items 8 and 15, and returning ______1_____ 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.

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.3. EFFECTIVE DATE2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO. (If applicable)

1. CONTRACT ID CODE

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

08/11/2021

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 is required to sign this document and return __________________ 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 provide the government's responses to questions, received, and to provide revisions to some respective parts of the RFP/Solicitation. The updated RFP/Solicitation and attachments will be included with this amendment.

For questions regarding this amendment, contact Ms. Shequesha Evans at shequesha.evans@dot.gov

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)

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 .

09/02/2021

Stephanie Cooke-Nwadibia, Senior Contracting Officer

Request for Proposal (RFP) No. 69319521R000005 Drug and Alcohol Compliance Audit

Amendment 0001

SECTION B: SUPPLIES OR SERVICES AND PRICES

B.1 Supplies or Services

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.

B.3 Contract Line Item Number (CLIN) Structure

CLIN 0001 – Conduct Drug and Alcohol Testing Compliance Audits/Reviews CLIN 0002 – Conduct Drug and Alcohol Training CLIN 0003 – Annual Audit Planning CLIN 0004 – Provide Technical Assistance and Program Management Support CLIN 0005 – Other Direct Costs (ODCs) and Travel Only

B.4 Contract Period of Performance

The contract period of performance is from date of award through a five-year period including a one (1) year base and four (4) 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 contracts, 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 five-year period of performance term.

B.5 Pricing/Labor Rates Table

The contractor shall enter prices using the Pricing spreadsheet provided in Section J.1 of this solicitation.

*NOTE: The labor categories in the Pricing Matrix Template (Attachment J.1) shall be used for the total life of the requirement. 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. The resulting contracts 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/ STATEMENT OF WORK

C.1 Background

As a part of the Congressionally-mandated substance abuse management program, within the United States (U.S.) Department of Transportation (DOT) and Federal Transit Administration’s (FTA’s), Office of Transit Safety and Oversight (TSO), the Government ensures their grantee’s compliance through drug and alcohol testing programs, encompassed in 40 CFR Part 655, Prevention of Alcohol Misuse and Prohibited Drug Use in Transit Operations and 49 CFR Part 40, Procedures for Transportation Workplace Drug and Alcohol Testing Programs. FTA seeks to audit grantees to achieve an optimum mitigation of risks from drug use and alcohol misuse in the transit industry. The Contractor shall provide auditing services, assist with audit selection, auditor training, transit grantee training, and technical assistance to support the Drug and Alcohol Testing Compliance Audit Program.

The Contractor will support FTA and the USDOT Volpe Center (Volpe), in developing the audit schedule, an industry training conference, conducting audits, internal auditor training, and providing technical assistance each year. The number of audits for on-site audit trip weeks (audit events) averages 30 per year, with as many as three 5307 grantees and/or larger contractor audits conducted per trip.

Funding Type Grantees audited per week Grantees audited per year 5307 (Urban) 1-3 (with selected contractors) 40-50 5311 (Rural) 1 (6-9 subrecipients) 6-9

For larger 5307 grantees (e.g., greater than 75 safety-sensitive employees), contractors may be included in the audit, reducing the number of grantees audited that week.

C.2 Objective

The objective of this requirement is to support the mission of TSO with a Drug and Alcohol Testing Compliance Audit Program to continuously monitor grantees, ensure they and their safety-sensitive contractors, service agents, and sub-recipients, meet regulatory requirements and provide technical assistance and outreach to the industry. In addition, the objectives are to ensure that the auditors are well trained, experienced with consistent application of regulatory requirements and interpretations, as well as, effective risk management skills regarding the audit selection in each contract year.

C.3 TASKS

CONTRACT LINE ITEM NUMBER (CLIN) 001 – Conduct Drug and Alcohol Testing Compliance Audits/Reviews

The Contractor shall provide the personnel, materials and equipment necessary to conduct 30 audit events (primarily on-site with virtual as needed) for this tasking. The Contractor shall support FTA in its planning and oversight efforts to develop a comprehensive Drug and Alcohol Regulatory Oversight Audit Program. This task will address the development and implementation/oversight activities of the audit process. The Contractor audit events and the audit process will be in three (3) phases, as indicated in the Deliverables and Delivery Schedule.

(Pre-Audit, Audit, Post-Audit)

Task 1: Conduct Drug and Alcohol Testing Compliance Audits

The central component of the audit process is the on-site visit by the Contractor and a federal representative to the grantee, sub-recipients, safety-sensitive contractors, and service agents. The audit team typically consists of three to five staff with a duration of typically one week on-site, depending upon size of grantee. The audit process shall be in three phases (Pre-Audit, Audit, Post-Audit). Activities will include but are not limited to the following:

• As part of audit logistics planning, the audit staff/team leader will send (via email and/or phone) notifications and request for documents, records, and other materials to the grantee (not less than six (6) weeks and not more than seven (7) weeks in advance of the entrance meeting/interview of the audit).

• Develop audit agendas/schedules to include the time and locations for audit interviews, records review, mock collections, as well as report and chart production. The schedule must be made available no less than 30 days in advance of the entrance meeting for federal representative travel coordination. It is recognized that the schedule will continue to develop as the audit approaches and the audit team leader consults with the grantees;

however, the latest iteration of the schedule must always be available on the Auditor’s travel site.

• Pre-audit notes must include an overview of the travel logistics for sub-teams, an analysis of the employer’s previous years Drug and Alcohol Management Information System (DAMIS) results, hours of service, and program attributes. The notes must also indicate whether the transit property has a zero tolerance or 2nd chance policy, with regards to positive drug testing, or alcohol violations, Contractor performance, and general pre-audit findings.

• Coordination of logistics with federal representative staff (FTA headquarters and or regional staff and USDOT Volpe staff) including completion, attachment of correspondence, and inclusion of all elements of the pre-audit portfolio into the drug and alcohol auditor travel site found here https://transit-safety.fta.dot.gov/auditorsite/ in concert with timing of grantee notification.

• Perform pre-audit review, analysis of policy and other materials, and recording the results in data files uploaded to the Substance Abuse Management Oversight (SAMO) and the drug and alcohol auditor’s websites.

• Audit staff will arrange and complete, via telephone or other electronic medium, interviews of grantees, Contractor personnel, multiple safety-sensitive Contractors, as well as service agents, such as Medical Review Officers (MRO) and Substance Abuse Professionals (SAP) for compliance with the DOT and FTA D&A Testing Regulations (49 CFR Parts 40 & 655).

• The audit staff shall conduct mock collections at contracted and directly operated collection sites and medical facilities. The audit staff will conduct a records review of the Custody and Control Forms, as well as, all alcohol testing forms of all testing types;

including pre-employment, random, post-accident, reasonable suspicion, return-to-duty, and follow-up drug and alcohol tests noting any areas of non-compliance. The audit staff shall perform a certification review of service agents and review grantee training.

• The audit staff shall produce a final report (hardcopy and electronic) with FTA cover letter to be provided to the grantee on the day of the audit exit meeting. The Contractor will provide hardcopies of the final report (up to a maximum of 12 copies) to each attendee present at the exit meeting, as appropriate. The electronic copy shall be distributed to the FTA Program Manager, the FTA Regional Administrator or Contact, the Drug and Alcohol Compliance Audits Program Manager at the USDOT Volpe Center, the audit’s Federal Representative, and other FTA staff as identified by the COR.

This should occur on the evening before the presentation to the grantee, or as soon as possible, if that is not feasible. The electronic copy must also be uploaded to the FTA Drug and Alcohol Auditor website.

• The audit team leader is also responsible for uploading all SAMO software elements and follow-up correspondence to the FTA Drug and Alcohol Auditor website. The Contractor should use electronic means of storage as much as possible and encourage the auditees to respond to the audit findings with scanned material as opposed to hardcopy. All response material received electronically, must be uploaded to the FTA Drug and Alcohol Auditor website site.

• The audit team will develop and adhere to a process of follow-up phone calls, letters and other communications; technical assistance support with grantees; and interim compliance reports to the grantee. The compliance reports will be of two types:

https://transit-safety.fta.dot.gov/auditorsite/

“continuing concerns” or “acknowledgement of compliance.” The scheduled “continuing concerns” letter will take place at FTA/Volpe staff approved successive intervals until compliance is attained. Once compliance is achieved, the “acknowledgement of compliance” letter will be issued. The FTA Program Manager or Federal Representative must provide approval before either letter is issued.

• The electronic compliance reports shall be distributed to the FTA Program Manager, the FTA Regional Administrator or Contact, the Drug and Alcohol Compliance Audits Program Manager at the USDOT Volpe Center, the audit’s Federal Representative and other FTA staff as identified by the Contracting Officer’s Representative (COR)/PM.

• The Contractor must also update The Oversight Tracking System (OTRAK) on a quarterly basis with original number of audit deficiencies from the final audit reports and the subsequent compliance interval date(s).

• The Contractor shall complete the post-audit phase of the audits currently in process.

• The audit team leader and the federal representative will work in concert to finalize deficiency/finding determinations and language used in the final audit report. The audit team leader shall defer to the federal representative in the event of policy decisions and or regulatory interpretation disagreements. They may also contact the COR at any time there are questions regarding the content or style of the final audit report.

• The Contractor shall independently, and not as an agent of the Government, furnish the necessary personnel, labor, equipment (laptops), services, materials, and supplies, except as otherwise noted, to perform the work set forth below. All work under this contract will be monitored by the COR.

• The Contractor shall enter travel logistics 45 days prior to commencement of the audit/review into the Drug and Alcohol Program Management/Travel website, hosted by the Volpe Center for FTA through the DAMIS Program. The FTA/Volpe Center will establish accounts and furnish username/passwords for Contractor use.

• The Contractor shall in coordination with the FTA COR/PM and Volpe Center staff, develop the schedule of audits/reviews on an annual basis.

CLIN 002 - Conduct Drug and Alcohol Training

The contractor must provide support concerning the following:

• National Conference

The Contractor shall provide at least eight (8) staff members to participate in a Drug and Alcohol National Conference. The three-days conference will cover the content of the audits with identified deficiency and compliance trends, new best practices, regulatory interpretations and other issues as specified by FTA. The Contractor will perform tasks as directed by the FTA and may include registration assistance, conducting presentations, monitoring presentations, and policy review.

• One-Day Seminars The Contractor shall deliver up to eight one-day, in person, instructor-led seminars on Drug and Alcohol Testing Regulations for transportation employers, safety-sensitive transportation employees and service agents.

• Annual Auditor Team Training The Contractor shall assist the FTA Program Manager and Volpe Center Staff to conduct an annual two-day training session to update all audit team members (FTA, USDOT Volpe Center and Contractor staff) on topics to include but not limited to: new procedures (audit software and travel site), regulations, current processes, lessons learned and current industry trends/issues.

The Contractor shall provide materials and topics to the COR 30-45 days prior to the two-day training for review and approval. The COR will provide written comments within seven (7) days to be incorporated into the final training material.

CLIN 003 - Annual Audit Planning

The contactor must provide support concerning the following:

The Contractor shall assist FTA Program Manager and Volpe Center staff in developing an annual Drug and Alcohol (D&A) Grantee Recipient Audit Mix, designed to minimize D&A related risks from the transit industry.

CLIN 004 - Provide Technical Assistance and Program Management Support

The Contractor will provide technical assistance to the PM/COR, FTA HQ, OST Office of D&A Policy & Compliance (ODAPC), FTA regional staff, USDOT Volpe Center, and/or FTA grantees as determined by the COR. This technical assistance will include training, training materials, policy review(s), and auditing support to the above parties to facilitate understanding and increase compliance with drug & alcohol testing requirements, regulations, program implementation, interpretations, etc. This is to help FTA and the Department in aiding grantees, their Contractors and service agents in achieving compliance and reducing deficiencies outside of the normal D&A auditing process as described in CLIN 0001.

The Contractor will provide up to four two-day, on-site Go-Teams for identified issues and/or program management support, as determined by FTA. The team will be comprised of one or two staff members. This shall include associated preparation and follow-up. The Go-Team shall inspect national third-party administrators (TPA), operations contractors, and collection sites that provide service for FTA-regulated clients. The Go-Teams may also be used to inspect grantees and/or their contractor/service agents on issues, accident, or event basis as determined by the

COR.

The Contractor will coordinate with the FTA Program Manager and Volpe Center staff to identify and author up to six articles for FTA’s D&A Regulation updates quarterly newsletter.

Topics can include but are not limited to trending industry issues, common audit findings, regulation updates, amendments and or interpretations, and current industry frequently asked questions. Articles are subject to review and approval by FTA and Volpe staff. The Contractor may also use these resources in part to aid the COR in developing and prototyping new review techniques and data analysis to target audits more effectively.

CLIN 005: Other Direct Costs (ODCs) and Travel Only

ODCs and associated work which are considered allowable and within the scope of this requirement, shall be billed against this specific CLIN. All travel must be necessary and within the scope of this requirement. Also, the Contractor must adhere to the Federal Travel Regulations concerning per diem, etc. All costs associated with this specific CLIN must be supported with documentation such as receipts, to be considered for review and payment by the Government. In addition, the Contractor must ensure all incurred cost are fair and reasonable prior to purchase.

An example of an acceptable ODC would be printing of material as requested by FTA. Also, all ODCs must be those which directly relate to performance of the requirement.

C.4 DELIVERABLES AND DELIVERABLE SCHEDULE

Deliverable Deliverable Due Date Deliver To

CLIN 0001: Drug and Alcohol Testing Compliance Audits

Phase 1: The Auditor shall develop audit agendas and schedules. The Auditor shall provide a pre-audit notification letter to the grantee.

30-90 days prior to audit event

COR or COR designee via email

Phase 2: The Auditor shall produce a final report (hard and electronic copy) with FTA cover letter and response software.

Phase 3: The Auditor will deliver a continuing concerns or final compliance letter to the grantee.

Exit Meeting or last day of audit event

30-90 days after completion of on-site audit event

Acceptance Criteria: The deliverables will be deemed acceptable for review by the Contracting Officer’s Representative (COR) as Microsoft (MS) Office Word documents.

CLIN 0002: Training

The Auditor shall provide a draft agenda and other meeting materials.

deliverables will be deemed acceptable for review by the

30-60 days prior to Training

COR as MS Office Word

CLIN 0003: Annual Audit Planning

The Auditor will deliver a final audit schedule no later than 7 days after the audit schedule planning meeting.

The Auditor will establish an FTA OTrak account and enter all final audits into OTrak and the FTA Auditors website.

deliverable will be deemed acceptable for review by the

7 days after audit planning meeting

30 days after audit planning session

CLIN 0004: Technical Assistance and Program Management Support

The Auditor will provide technical assistance to include training, training materials, and policy review.

Newsletter topic

Newsletter articles deliverable will be deemed acceptable for review by the

As Assigned

2 weeks after initial request

3 weeks after topics assigned

COR or designee via email

CLIN 005 Travel/ODC TBD TBD

C.5 Labor Categories and Qualifications

The Contractor shall provide, at a minimum, the following qualified labor categories to perform the requirements of the contract. After contract award, the Contractor may propose, in writing to the COR, other alternative labor categories capable of performing the requirements of the contract. The Contractor’s proposed labor categories must be qualified to perform under the contract, must be substantially similar to the labor categories described below, and provide material benefits to the FTA. Alternative and other labor categories must be reviewed and approved by the COR before such labor categories are added to the contract under Section B, Schedule of Pricing and this section, C.5, Labor Categories and Qualifications.

C.6 Labor Categories, Qualifications, and Equivalences

The Contractor shall provide sufficient senior professionals and support personnel for the labor categories identified below. All proposed personnel must meet the minimum expertise and experience requirements identified.

C.7 Key Staff

The Contractor shall provide, at a minimum, the following key staff:

Senior Project Manager /Audit Team Lead (Key Personnel)- Supervises large-scale, complex, technical oversight program activities. Responsible for allocating resources among tasks, providing advice and assistance to the FTA Program Manager/COR and is a liaison with grantees for technical matters related to the implementation of the FTA/DOT drug and alcohol regulations.

Job Qualification- Bachelor’s degree with a minimum of three to five years’ experience in transportation related inspections, oversight, and drug testing programs. Experience with investigating and improving transit employer’s D&A programs of varying sizes and complexity.

Experience in risk management, as well as, FTA/DOT drug and alcohol testing regulatory compliance, training, technical assistance, occupational health, and human factors.

C.8 Non-Key Staff

Project Technician (Audit Team Member) – Provides technical expertise on transit employer’s drug and alcohol oversight reviews, including vendor/service agent (such as collection sites, medical review officer, substance abuse professionals) compliance with regulations. Responsible for integrating results from multiple tasks and/or subtasks.

Job Qualification- Bachelor’s degree with a minimum of one to five years’ experience in oversight reviews within the transit industry. Experience in regulatory compliance, information technology, statistical and operations research analysis; and the ability to provide results of analysis in verbal presentations, as well as, in written and statistical reports.

Administrative Support- Prepares graphical and print/production-ready materials, assist in logistics and provides meeting support.

Job Qualification- Bachelor’s degree and a minimum of one-year experience in supporting a team with complex programs. They must also demonstrate proficiency in Microsoft Office Suite.

(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

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

INSPECTION / ACCEPTANCE

The Contracting Officer or the Contracting Officer's Representative (COR), at the Department of Transportation, Washington, DC, will perform final inspection and acceptance of all items and services called for by this 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 Contracting Officer (CO) or Contracting Officer’s Representative (COR) Inspection and Acceptance) The CO or the COR at DOT, FTA, Washington, DC, will perform final inspection and acceptance of all deliverables called for by this 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 http://www.acquisition.gov/ authorization.

E.3 Government Contract Quality Assurance

The Government intends to implement a quality assurance process to monitor the quality a n d t i m e l i n e s s of the Contractor’s performance. The oversight will help to ensure that service levels are reached and the required levels are effectively maintained throughout the contract term. Furthermore, 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.

(END OF SECTION E)

SECTION F: DELIVERIES OR PERFORMANCE

PERFORMANCE REQUIREMENTS SUMMARY (PRS)

These standards define performance for each individual CLIN, as specified in the Statement of Work (SOW). The offeror will provide a Performance Work Plan in response to the SOW concerning deliverables requested concerning this requirement.

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

F.2-15 Stop-Work Order (AUG 1989) F.2 Place of Performance

The contractor must provide all resources necessary for the support of this SOW.

All work conducted under this contract shall be performed within the United States and its territories. This may include, but not limited to the Contractor’s primary or remote offices, FTA HQ or regional offices, other government offices, and grantee offices and facilities etc.

While working off-site at government, grantee facilities or other off-site locations, contractor personnel shall, at all times, follow the identification requirements and observe all safety and security regulations of the office or facilities where work is being conducted.

F.3 Period of Performance

The period of performance is five years including (one 12 month base period and four one (1) year option periods, if exercised.)

F.4 Schedule of Work

TELEWORKING

All Contractor personnel must be telework ready. All work conducted concerning the requirement must be performed within the United States and its territories. Performance sites may include but not limited to the following: The Contractor’s primary or remote offices, FTA HQ office etc.

While working off-site at their own facilities or other off-site locations, Contractor personnel must, always, follow the identification requirements and observe all safety and security regulations of the location where work is being conducted. In the event of inclement weather, building closures, national emergencies, and/or other events impacting agency needs, the Contractor is authorized to telework concerning work discussed and approved by the FTA Contracting Officer’s Representative (COR) and the FTA Contracting Officer (CO).

Authorization to telework must be requested in writing, specifically, if it is for work that is typically performed on-site at FTA Headquarters or periodically at their other off-site location.

Telework rules and restrictions are at the discretion of the FTA CO who will consult with the respective FTA COR regarding the technical nature, scope of the work, expectations of work products submitted for review etc. schedule and work assignments must be discussed with the COR and CO prior to commencement of it. At times, work may be requested to be coordinated for re-scheduling, by the Contractor, for a later date.

Changes to telework rules and restrictions, under special circumstances, as previously mentioned, may also be implemented by either verbal direction or followed by an official modification to the contract.

F.5 Government-Furnished Property/Information

The contractor will provide their own office space and equipment.

F.5.4 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 the evaluation and submit additional information or a rebuttal statement within 30 days. All contractor responses are voluntary. Any disagreement between the parties regarding an evaluation will be referred to FTA personnel, 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 Federal Past Performance Information Retrieval System (PPIRS) System

As of January 15, 2019, the Past Performance Information Retrieval System (PPIRS.gov) is officially retired to conclude its merger with the Contract Performance Assessment Reporting System (CPARS.gov). After that date, the PPIRS name will only appear in the Federal Acquisition Regulation.

Data from PPIRS has been merged into CPARS.gov, making CPARS the official system for past performance information. This merge simplifies functions such as creating and editing performance and integrity records, changes to administering users and running reports, generating performance records, and viewing/managing performance records.

Users will now have one location and one account to perform all functionality. Federal users with a Common Access Card (CAC) or a Personal Identity Verification (PIV) card or a contractor with a Public Key Infrastructure (PKI) certificate, will log in using the Accept/Login with PKI button. Federal users who don’t use PKI/PIV or a contractor who doesn’t have a PKI certificate will log in using their email address and a password. Upon using CPARS.gov for the first time, users are required to reset their password to securely log on to the merged system. To help prevent unauthorized access, a one-time access code is needed when using a password to log in.

(END OF SECTION F)

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 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 Washington, DC 20590 Phone number: 202-366-7072 Email address: stephanie.cooke-nwadibia@dot.gov

Contracting Officer’s Representative (COR)

TBD

Contract Specialist (CS) Ms. Shequesha Evans U.S. Department of Transportation Federal Transit Administration Office of Acquisition Management 1200 New Jersey Ave. S.E.

4th Floor - East Building Washington, DC 20590 Phone number: 202-366-0184 Email address: shequesha.evans@dot.gov

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.

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

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 Governmentwide commercial purchase card are considered as an electronic transaction for purposes of this rule; therefore, no additional electronic invoice submission is required.

(c) The 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 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:

http://www.login.gov/

(1) Invoice number and invoice date.

(2) Period of performance covered by invoice.

(3) Contract number and title.

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

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

(6) Total ($) of billing.

(7) Cumulative total billed for all contract work to date.

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

If the contract includes allowances for travel, all invoices must catalog a breakdown of reimbursable expenses, with the appropriate receipts, to substantiate the travel expenses.

(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 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 to contact 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 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/purchase order (PO) number, and up to two Point of Contact (POC) full names and their email addresses) as shown on the table below.

https://login.gov/help/ http://einvoice.esc.gov/

Company Name

Contract No.

Primary POC First

Name

Primary POC Last

Name

Primary

POC

Email

Address

Secondary POC First

Name

Secondary POC Last

Name Secondary POC email

Email the above information to the following email address: FTAeInvoicing@fta.gov. Please note that the POCs you provide are the individuals you authorize 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.

G.5 Status of Payments

Contractors can track the status of payments of vouchers through the Department of Treasury’s “Internet Payment Platform” system (a system developed by the U.S. Department of the Treasury’s Financial Management Service (FMS) to provide participating Federal agencies a method of making remittance information available to vendors through the Internet.) Contractors may register with the Department of Treasury to obtain payment status 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.6 Post Award Evaluation and Contractor Performance G.6.1. 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.6.2 ELECTRONIC ACCESS TO CONTRACTOR PERFORMANCE EVALUATIONS

http://einvoice.esc.gov/ https://www.ipp.gov/

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

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.

(END OF SECTION G)

SECTION H: SPECIAL CONTRACT REQUIREMENTS

H.1 Executive Order 13514, Federal Leadership In Environmental, Energy and Economic Performance (October 5, 2009) The Department of Transportation (DOT) developed a Strategic Sustainability Performance Plan (SSPP) (June 2010) in accordance with directions contained in the above titled Executive Order.

The plan is designed to enhance and sustain the DOT mission through cost effective acquisitions that achieve compliance, reduces resource consumption and solid and hazardous waste generation.

Green procurement is the purchase of environmentally preferable products and services in accordance with the established Federal “Green” procurement preference program. The SSPP applies to all acquisitions and contracting mechanisms used by Federal agencies including service contracts, leases, purchases made with government purchase and fleet cards and purchases below the micro-purchase threshold. Therefore, all FTA contractors are highly encouraged to supply or http://www.cpars.gov/ use products and services that are energy efficient, contain recycled content, or are non-toxic or less toxic alternatives.”

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…