Additional_Terms_and_Conditions.pdf

Additional Terms and Conditions

1. GOVERNMENT POINT OF CONTACT

(To be completed at award) shall serve as the Contracting Officer’s Representative in accordance with:

1252.242-73 CONTRACTING OFFICER’S REPRESENTATIVE (OCT 1994).

His/Her contact information is shown below.

U. S. Department of Transportation/FMCSA

1200 New Jersey Avenue, S.E.

Washington, DC 20590-0001

Phone: (202) XXX-XXXX

Email: (to be completed at award)

2. 1252.223-73 SEAT BELT USE POLICIES AND PROGRAMS (APR 2005)

In accordance with Executive Order 13043, Increasing Seat Belt Use in the United States, dated April 16, 1997, the contractor is encouraged to adopt and enforce on-the-job seat belt use policies and programs for its employees when operating company-owned, rented, or personally-owned vehicles. The National

Highway Traffic Safety Administration (NHTSA) is responsible for providing leadership and guidance in support of this Presidential initiative. For information on how to implement such a program or for statistics on the potential benefits and cost-savings to your company or organization, please visit the

Buckle Up America section of NHTSA’s website at www.nhtsa.dot.gov. Additional resources are available from the Network of Employers for Traffic Safety (NETS), a public-private partnership headquartered in the Washington, D.C. metropolitan area, and dedicated to improving the traffic safety practices of employers and employees. NETS is prepared to help with technical assistance, a simple, user friendly program kit, and an award for achieving the President’s goal of 90 percent seat belt use. NETS can be contacted at 1-888-221-0045 or visit its website at www.trafficsafety.org.

3. PERIOD OF PERFORMANCE

The period of performance of this contract is from the effective date of award through (to be completed at award). If an option is exercised, the period of performance shall be extended through the end of that option period.

The option periods that may be exercised are as follows:

Period Start Date End Date

Option Period One (to be completed at award)

Option Period Two (to be completed at award)

Option Period Three (to be completed at award)

Option Period Four (to be completed at award) http://www.trafficsafety.org/

4. INVOICE INSTRUCTIONS (REFERENCE: 1232.7002 INVOICE AND VOUCHER

REVIEW AND APPROVAL)

The Contractor shall submit invoices to the following email address:

FMCSA AcquisitionsManagement@dot.gov as well as to the following address (the final invoice shall be annotated as “FINAL INVOICE”).

Federal Express:

Mike Monroney Aeronautical Center

AMZ-150/FMCSA

6500 S. MacArthur Blvd

Oklahoma City, OK 73169

Regular Mail:

DOT/FMCSA

MMAC, AMZ-150

PO Box 26230

Oklahoma City, OK 73125

FAX:

(405)954-1270

FMCSA

Attention: Leslie Frazier

Email: 9-AMC-AMZ-FMCSA-Invoices@faa.gov

The Contractor shall provide two copies marked “COPY” to the following address:

U.S. Department of Transportation

Federal Motor Carrier Safety Administration

Attn: To Be Determined, COR

1200 New Jersey Avenue, S.E.

Washington, DC 20590-0001

Phone: (202) 366-XXXX

Email: XXXXX@dot.gov mailto:XXXXX@dot.gov

5. 1252.237-73 KEY PERSONNEL (APR 2005)

(a) The personnel as specified below are considered essential to the work being performed under this contract and may, with the consent of the contracting parties, be changed from time to time during the course of the contract by adding or deleting personnel, as appropriate.

(b) Before removing, replacing, or diverting any of the specified individuals, the Contractor shall notify the contracting officer, in writing, before the change becomes effective. The Contractor shall submit information to support the proposed action to enable the contracting officer to evaluate the potential impact of the change on the contract. The Contractor shall not remove or replace personnel under this contract until the Contracting Officer approves the change.

The Key Personnel under this contract are:

(to be completed at award)

6. E.0. 13514, FEDERAL LEADERSHIP IN ENVIRONMENTAL, ENERGY AND ECONOMIC

PERFORMANCE

The Department of Transportation (DOT) developed a Strategic Sustainability Performance Plan (SSPP)

(June 2010) in accordance with directions contained within the above listed 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.

All FMCSA contractors are required to supply or use produces and services that are energy efficient, contain recycled content, or are non-toxic or less toxic alternatives.

7. SUBPART 1224.1--PROTECTION OF INDIVIDUAL PRIVACY (OCT 1994)

(a) Systems of records to which the Privacy Act applies shall not be released except by the Government regardless of whether the Government or a contractor acting on behalf of the Government is maintaining the records. Examples of systems of records are:

(1) Personnel, payroll and background records personal to any officer or employee of DOT, or other person, including his or her residential address;

(2) Medical histories and medical records concerning individuals, including applications for licenses; and

(3) Any other detailed record containing information identifiable with a particular person.

(b) Examples of systems of records to which the Privacy Act does not apply are:

(1) Records that are maintained by a contractor on individuals employed by the contractor in the process of providing goods and services to the Federal government; and

(2) Records generated on contract students pursuant to their attendance (e.g., admission forms, grade reports) when contracting with an educational institution. These records must be similar to those maintained on other students, must not reveal their identities, and must not be commingled with records of other students.

8. 1252.217-74 SUBCONTRACTS (OCT 1994)

(a) Nothing contained in the contract shall be construed as creating any contractual relationship between any subcontractor and the Government. The divisions or sections of the specifications are not intended to control the Contractor in dividing the work among subcontractors or to limit the work performed by any trade.

(b) The Contractor shall be responsible to the Government for acts and omissions of its own employees, and of subcontractors and their employees. The Contractor shall also be responsible for the coordination of the work of the trades, subcontractors, and material men.

(c) The Contractor shall, without additional expense to the Government, employ specialty subcontractors where required by the specifications.

(d) The Government or its representatives will not undertake to settle any differences between the

Contractor and its subcontractors, or between subcontractors.

9. 52.223-18 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING

WHILE DRIVING (AUG 2011)

(a) Definitions. As used in this clause—

“Driving”–

(1) Means operating a motor vehicle on an active roadway with the motor running, including while temporarily stationary because of traffic, a traffic light, stop sign, or otherwise.

(2) Does not include operating a motor vehicle with or without the motor running when one has pulled over to the side of, or off, an active roadway and has halted in a location where one can safely remain stationary.

“Text messaging” means reading from or entering data into any handheld or other electronic device, including for the purpose of short message service texting, e-mailing, instant messaging, obtaining navigational information, or engaging in any other form of electronic data retrieval or electronic data communication. The term does not include glancing at or listening to a navigational device that is secured in a commercially designed holder affixed to the vehicle, provided that the destination and route are programmed into the device either before driving or while stopped in a location off the roadway where it is safe and legal to park.

(b) This clause implements Executive Order 13513, Federal Leadership on Reducing Text Messaging

While Driving, dated October 1, 2009.

(c) The Contractor is encouraged to—

(1) Adopt and enforce policies that ban text messaging while driving—

(i) Company-owned or -rented vehicles or Government-owned vehicles; or

(ii) Privately-owned vehicles when on official Government business or when performing any work for or on behalf of the Government.

(2) Conduct initiatives in a manner commensurate with the size of the business, such as—

(i) Establishment of new rules and programs or re-evaluation of existing programs to prohibit text messaging while driving; and

(ii) Education, awareness, and other outreach to employees about the safety risks associated with texting while driving.

(d) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts that exceed the micro-purchase threshold.

10. 1252.237-70 QUALIFICATIONS OF CONTRACTOR EMPLOYEE (APR 2005)

a. Definitions. As used in this clause-Sensitive Information is any information that, if subject to unauthorized access, modification, loss, or misuse, or is proprietary data, could adversely affect the national interest, the conduct of Federal programs, or the privacy of individuals specified in The Privacy

Act, 5 U.S.C. 552a, but has not been specifically authorized under criteria established by an Executive

Order or an Act of Congress to be kept secret in the interest of national defense or foreign policy.

b. Work under this contract may involve access to sensitive information which shall not be disclosed, by the contractor unless authorized in writing by the contracting officer. To protect sensitive information, the contractor shall provide training to any contractor employees authorized to access sensitive information, and upon request of the Government, provide information as to an individual’s suitability to have authorization.

c. The Contracting Officer may require dismissal from work those employees deemed incompetent, careless, insubordinate, unsuitable, or otherwise objectionable, or whose continued employment is deemed contrary to the public interest or inconsistent with the best interest of national security.

d. Contractor employees working on this contract must complete such forms, as may be necessary for security or other reasons, including the conduct of background investigations to determine suitability.

Completed forms shall be submitted as directed by the Contracting Officer. Upon the Contracting

Officer’s request, the Contractor's employees shall be fingerprinted, or subject to other investigations as required.

e. The Contractor shall ensure that contractor employees are:

(1) Citizens of the United States of America or an alien who has been lawfully admitted for permanent residence or employment (indicated by immigration status) as evidenced Bureau of Citizenship and

Immigration Services documentation; and

(2) Have background investigations according to DOT Order 1630.2B, Personnel Security Management.

f. The Contractor shall immediately notify the contracting officer when an employee no longer requires access to DOT computer systems due to transfer, completion of a project retirement or termination of employment.

g. The Contractor shall include the substance of this clause in all subcontracts at any tier where the subcontractor may have access to Government facilities, sensitive information, or resources.

11. 1252.239-70 SECURITY REQUIREMENTS FOR UNCLASSIFIED INFORMATION

TECHNOLOGY RESOURCES (APR 2005)

(a) The Contractor shall be responsible for Information Technology security for all systems connected to a Department of Transportation (DOT) network or operated by the Contractor for DOT, regardless of location. This clause is applicable to all or any part of the contract that includes information technology resources or services in which the Contractor has physical or electronic access to DOT’s sensitive information that directly supports the mission of DOT. The term information technology, as used in this clause, means any equipment or interconnected system or subsystem of equipment, including telecommunications equipment that is used in the automatic acquisition, storage, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information. This includes both major applications and general support systems as defined by OMB

Circular A-130. Examples of tasks that require security provisions include:

(1) Hosting of DOT e-Government sites or other IT operations;

(2) Acquisition, transmission or analysis of data owned by DOT with significant replacement cost should the contractor’s copy be corrupted; and

(3) Access to DOT general support systems/major applications at a level beyond that granted the general public, e.g. bypassing a firewall.

(b) The Contractor shall develop, provide, implement, and maintain an IT Security Plan. This plan shall describe the processes and procedures that will be followed to ensure appropriate security of IT resources that are developed, processed, or used under this contract. The plan shall describe those parts of the contract to which this clause applies. The Contractor’s IT Security Plan shall comply with applicable

Federal Laws that include, but are not limited to, 40 U.S.C. 11331, the Federal Information Security

Management Act (FISMA) of 2002 and the E-Government Act of 2002. The plan shall meet IT security requirements in accordance with Federal and DOT policies and procedures, as they may be amended from time to time during the term of this contract that include, but are not limited to:

(1) OMB Circular A-130, Management of Federal Information Resources, Appendix III, Security of

Federal Automated Information Resources;

(2) National Institute of Standards and Technology (NIST) Guidelines;

(3) Departmental Information Resource Management Manual (DIRMM) and associated guidelines; and

(4) DOT Order 1630.2B, Personnel Security Management.

(c) Within 30 days after contract award, the contractor shall submit the IT Security Plan to the DOT

Contracting Officer for acceptance. This plan shall be consistent with and further detail the approach contained in the offeror's proposal or sealed bid that resulted in the award of this contract and in compliance with the requirements stated in this clause. The plan, as accepted by the Contracting Officer, shall be incorporated into the contract as a compliance document. The Contractor shall comply with the accepted plan.

(d) Within 6 months after contract award, the contractor shall submit written proof of IT Security accreditation to the DOT for acceptance by the DOT Contracting Officer. Such written proof may be furnished either by the Contractor or by a third party. Accreditation must be in accordance with DOT

Order 1350.2, which is available from the Contracting Officer upon request. This accreditation will include a final security plan, risk assessment, security test and evaluation, and disaster recovery plan/continuity of operations plan. This accreditation, when accepted by the Contracting Officer, shall be incorporated into the contract as a compliance document, and shall include a final security plan, a risk assessment, security test and evaluation, and disaster recovery/continuity of operations plan. The contractor shall comply with the accepted accreditation documentation.

(e) On an annual basis, the contractor shall submit verification to the Contracting Officer that the IT

Security Plan remains valid.

(f) The contractor will ensure that the following banners are displayed on all DOT systems (both public and private) operated by the contractor prior to allowing anyone access to the system:

Government Warning

**WARNING**WARNING**WARNING**

Unauthorized access is a violation of U.S. Law and Department of Transportation policy, and may result in criminal or administrative penalties. Users shall not access other user's or system files without proper authority. Absence of access controls IS NOT authorization for access! DOT information systems and related equipment are intended for communication, transmission, processing and storage of U.S.

Government information. These systems and equipment are subject to monitoring by law enforcement and authorized Department officials. Monitoring may result in the acquisition, recording, and analysis of all data being communicated, transmitted, processed or stored in this system by law enforcement and authorized Department officials. Use of this system constitutes consent to such monitoring.

**WARNING**WARNING**WARNING**

(g) The contractor will ensure that the following banner is displayed on all DOT systems that contain

Privacy Act information operated by the contractor prior to allowing anyone access to the system:

This system contains information protected under the provisions of the Privacy Act of 1974 (Public Law

93-579). Any privacy information displayed on the screen or printed shall be protected from unauthorized disclosure. Employees who violate privacy safeguards may be subject to disciplinary actions, a fine of up to $5,000, or both.

(h) Contractor personnel requiring privileged access or limited privileged access to systems operated by the Contractor for DOT or interconnected to a DOT network shall be screened at an appropriate level in accordance with DOT Order 1630.2B, Personnel Security Management, as it may be amended from time to time during the term of this contract.

(i) The Contractor shall ensure that its employees, in performance of the contract performing under this contract, receive annual IT security training in accordance with OMB Circular A-130, FISMA, and NIST requirements, as they may be amended from time to time during the term of this contract, with a specific emphasis on rules of behavior.

(j) The Contractor shall afford the Government access to the Contractors and subcontractors facilities, installations, operations, documentation, databases and personnel used in performance of the contract.

Access shall be provided to the extent required to carry out a program of IT inspection (to include vulnerability testing), investigation and audit to safeguard against threats and hazards to the integrity, availability and confidentiality of DOT data or to the function of information technology systems operated on behalf of DOT, and to preserve evidence of computer crime.

(k) The Contractor shall incorporate the substance of this clause in all subcontracts that meet the conditions in paragraph (a) of this clause.

(l) The contractor shall immediately notify the contracting officer when an employee terminates employment that has access to DOT information systems or data.

12. 1252.242-73 CONTRACTING OFFICER’S REPRESENTATIVE (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.

Responsibility of the Contracting Officer’s Representative

The COR is the individual within the Program Management function who has overall technical responsibility for this effort. The COR supports the CO during administration of this effort by:

• Making final decisions regarding any recommended rejection of deliverables;

• Providing technical clarification relative to overall workload matters;

• Providing advice and guidance to the Contractor in the preparation of deliverables and services;

• Providing acceptance of deliverable products to assure compliance with requirements.

The COR also provides technical direction to the Integrator (i.e., shifting work emphasis between areas of work; fills in details, or otherwise serves to accomplish the purposes of this effort). Technical direction shall be within the general statement of work for this effort. The COR does NOT have the authority to and may NOT issue any technical direction which:

• Constitutes an assignment of work outside the general scope of this effort;

• Constitutes a change as defined in the “Changes” clause;

• In any way causes an increase or decrease in cost or the time required for performance;

• Changes any of the terms, conditions, or other requirements of this effort; and

• Suspends or terminates any portion of this effort.

All technical direction shall be issued in writing by the COR or shall be confirmed by the COR in writing within ten (10) calendar days after verbal issuance. A copy of the written direction shall be furnished to the CO.

In addition to providing technical direction, the COR shall:

• Monitor the Contractor’s technical progress, including surveillance and assessment of performance, and recommend to the CO, any changes in the requirement;

• Assist the Contractor in the resolution of technical problems encountered during performance;

and

• Perform inspection and acceptance or recommendation for rejection of Contractor deliverables and identify deficiencies in delivered items.

If in the opinion of the Contractor any instruction or direction issued by the COR is outside of their specific authority, the Contractor shall not proceed but shall notify the CO in writing within five (5) working days after receipt of any instruction or direction.

13. SECTION 508 COMPLIANCE

All electronic information technology developed under this contract, including without limitation, a web page site for data information exchange, must be section 508 compliant. Section 508 of the Rehabilitation

Act (29 U.S.C. 794d), as amended, requires that when Federal agencies develop, procure, maintain, or use electronic and information technology, they must ensure that it is accessible to people with disabilities, unless it would pose an undue burden to do so. Federal employees and members of the public who have disabilities must have access to and use of information and services that is comparable to the access and use available to non-disabled Federal employees and members of the public.

FMCSA has determined that the following accessibility standards (36 CFR Part 1194) apply to this procurement under Section 508 of the Rehabilitation Act of 1973.

1194.21 Software Applications and Operating Systems: Provisions 1194.21a through 1194.21l

1194.22 Web-based Intranet and Internet Information and Applications: Provisions 1194.22a through

1194.22p Functional Performance Criteria: 1194.31a through 1194.31f

Information, Documentation and Support: 1194.41a through 1194.41c

14. 1252.242-72 DISSEMINATION OF CONTRACT INFORMATION (OCT 1994)

The Contractor shall not publish, permit to be published, or distribute for public consumption, any information, oral or written, concerning the results or conclusions made pursuant to the performance of this contract, without the prior written consent of the Contracting Officer. Two copies of any material proposed to be published or distributed shall be submitted to the Contracting Officer.

15. FMCSA-00002 Observance of Federal Holidays and Closure of FMCSA Facilities

Observance of Federal Holidays and Closure of FMCSA Facilities

(a)(1)The Federal Motor Carrier Safety Administration observes the following days as holidays—

New Year's Day

Birthday of Martin Luther King, Jr.

Washington’s Birthday

Memorial Day

Independence Day

Labor Day

Columbus Day

Veterans Day

Thanksgiving Day

Christmas Day

Any other day designated by Federal law, Executive Order or Presidential Proclamation.

(2) When any holiday specified in (a) falls on a Saturday, the preceding Friday shall be observed. When any such holiday falls on a Sunday, the following Monday shall be observed.

Observances of such days by Government personnel shall not be cause for additional period of performance or adjustment to the price or extension to the delivery schedule or entitlement to compensation except as set forth in the contract.

If the contractor's personnel work on a holiday, no form of holiday or other premium compensation will be reimbursed either as a direct or indirect cost, unless authorized pursuant to an overtime clause elsewhere in this contract.

(b)(1) FMCSA may close a FMCSA facility for all or a portion of a business day as a result of—

(A) Granting administrative leave to non-essential FMCSA employees (e.g., unanticipated holiday);

(B) Inclement weather;

(C) Or any other reason.

(2) In such cases, contractor personnel not classified as essential, i.e., not performing critical round-the-clock services or tasks, who are not already on duty at the facility, shall not report to the facility. Such contractor personnel already present shall be dismissed and shall leave the facility.

(3) The contractor agrees to continue to provide sufficient personnel to perform round the-clock requirements of critical tasks already in operation or scheduled for performance during the period in which FMCSA employees are dismissed, and shall be guided by any specific instructions of the

Contracting Officer or his/her duly authorized representative.

(c) When contractor personnel services are not required or provided due to closure of a FMCSA facility as described in this clause, the contractor shall be compensated as follows—

(1) For fixed price contracts, there would be no adjustment in the contractor's price as listed in the contract.

(2) For cost-reimbursement, time-and-materials and labor-hour type contracts, FMCSA shall not reimburse as direct costs, the costs of salaries or wages of contractor personnel for the period during which such personnel are dismissed from, or do not have access to the facility.

(d) In the event of shut-down due to a furlough of the Government or the Agency, contractor personnel will be dismissed from FMCSA facilities and shall not be reimbursed for any charges, expenses, cost, etc., during the furlough period(s).

This requirement may not apply if the Contracting Officer determines in writing, among other factors, that all or some of the mission-critical tasks must continue or that work may continue at an available off-site location if the work is eligible to be performed off-site per the terms of the contract and there are no additional costs to the Government.