RFP_No._693JJ619R000003_Final.pdf

RFP No. 693JJ619R000003, PTCSP

B.1 SUPPLIES OR SERVICES TO BE PROVIDED

This solicitation is for an Indefinite Delivery Indefinite Quantity (IDIQ) type contract that provides for the acquisition of services as set forth in the Statement of Work included herein in Section C. Specific tasks will be issued through individual competitive task orders. Firm Fixed Price or Time and Materials/ Labor Hour task orders will be issued individually in accordance with the terms and conditions described in Section H – Special Contract Requirements or as specified elsewhere in the contract. Firm Fixed Price is the preferred contract type. Funds will be obligated by individual task orders.

(a) Upon execution of task orders, the contractor shall provide the personnel, facilities, equipment and all other materials and services necessary to perform the requirements set forth in the task order Statement of Work.

(b) In accordance with FAR Subpart 16.5, Indefinite-Delivery Contracts, the minimum and maximum quantities of specific services are defined as follows:

(1) MINIMUM QUANTITY: The minimum value specified herein represents the total minimum amount of work effort (in terms of dollars) that the Government is required to order and the contractor is obligated to furnish as ordered, over the entire term of the contract, inclusive of the 1-year base period (Base Period) and any 1-year options (Option Periods) exercised. The total minimum value of each contract will be $10,000. The government reserves the right to withhold this minimum amount if the vendor demonstrates consistent lack of interest in competing for orders.

(2) MAXIMUM QUANTITY: The maximum value of the contract specified herein, represents the total maximum amount of work effect (in terms of dollars) that the Government may require and the contractor is obligated to furnish if and as ordered, over the entire term of the contract inclusive of the Base Period and any options exercised. The total maximum value of each contract will be $9,175,998.

B.2 Schedule

Offerors should present labor category terminology that is representative of their established labor category structures. However, Offerors MUST provide in Section B a fully loaded hourly billing rate for all labor categories that could potentially be required for contract performance.

If your firm has two or more levels in a particular labor category (i.e, 1st year Engineer, 2nd year Engineer, etc.) then state a rate for each. Other Direct Costs (ODCs), which will be billed at cost, are not included. Specific amounts for ODCs will be determined by the Contracting Officer upon the award of individual task orders. Offerors selected for award of an IDIQ contract will be eligible to compete for the award of task orders.

CLIN DESCRIPTION EST HRS UNIT RATE TOTAL EST COST

0001 Base period PTCSP Plan Review

TBD

HR $TBD

$TBD (NTE)

Offerors shall cite the applicable labor categories and rates anticipated to be billed over the contract period for this CLIN. Add labor categories as needed.

Labor Category Rate

Engineer $ Snr Engineer

Jr Engineer

System Safety Engineer $ Snr System Safety Engineer $

PM $

Admin Assistant $

0002 Option period 1 PTCSP Plan Review TBD HR $TBD $TBD (NTE)

Snr System Safety Engineer $

0003 Option period 2

Snr System Safety Engineer $

0004 Option period 3

Snr System Safety Engineer $

SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

Scope

The Federal Railroad Administration (FRA) is tasked under the Rail Safety Improvement Act of 2008 (RSIA08) to certify a Railroad Positive Train Control System prior to unrestricted use1.

This certification effort requires the review and approval of a number of complex technical documents throughout the development cycle of the system. Because each railroad’s operations have unique aspects based on size, geographic location, owner’s management philosophy and propensity for risk, FRA is faced with the task of reviewing and approving safety documentation from 42 different railroads in sufficient time to support the Positive Train Control Enforcement and Implementation Act of 2015 (PTCEI Act) statutory deadlines, including a railroad’s alternative schedule which may extend the deadline for full PTC implementation to December

1 49 USC 20157

31, 2020.2 . In addition to review and approval of the submitted safety documentation, FRA technical staff must also continue to conduct safety oversight audits of revenue demonstration operations pending FRA certification of the railroads installing PTC.

PTC Safety Plan (PTCSP)

The Positive Train Control Safety Plan (PTCSP) provides the “as built” safety case. The safety case3 that provides proof that the minimum safety standard set by the statute and implementing regulations4 are met is presented by a railroad to FRA in a set of documents called the PTCSP5.

Additionally, since the implementing regulations are performance-based vices prescriptive based, the PTCSP becomes the “contract” between the regulated railroad and FRA as the regulator. After PTCSP approval by FRA, FRA subsequently holds railroads responsible for compliance with these standards. The importance of the PTCSP and its review cannot be overstated.

The size of the safety cases and the certification document for a complex system such as PTC is extensive6. Based on previous experience with a single similar document for a simpler, non-vital safety system, the technical review required assignment of 6 FRA junior technical staff and 3 senior technical staff working over a 6-month period. FRA has established a target goal of 180 days to review a PTCSP and either approve, or disapprove the submitted documents as a responsive processing time limit. Given the scope of the work, without staff support services, FRA would be unable to provide anything approaching a time close to responsive.

In support of this effort the Office of Safety has the charter to define and carry out the review tasks, the level of effort required to perform the review tasks, and the acceptability of the documents submitted for review. In the case where the Office of Safety does not approve a submission, they must provide a written rational for disapproval and identify those elements of the submission that were inadequate. To achieve these objectives additional engineers, technicians, and support personnel with appropriate education and experience are required to support FRA Office of Safety Personnel.

The FRA requires the services of a Contractor to support an Independent Review (IR) to confirm the reasonableness of the safety analysis. The purpose of an independent, non-proponent entity conducting an IR is intended to provide confidence with minimal bias, that the project has reasonably assessed the safety and associated risks

2 49 U.S.C. § 20157(a). Please note that the PTCEI Act also required FRA to extend each deadline under 49 CFR § 236.1006(b)(4)(iii)(B) by three years, related to equipping certain Class II and Class III railroads’ locomotives that operate in PTC territory. See 49 U.S.C. § 20157(k); 81 Fed. Reg. 10126 (Feb. 29, 2016).

3 The purpose of a safety case is to present a clear, comprehensive and defensible argument supported by calculation and procedure that a system or installation will be acceptably safe throughout its life and decommissioning 4 49 CFR 236 Subpart I 5 See 49 CFR §§236.1009(d) and 236.1015 6 The Safety Case and Certification Material for the Electronic Train Management System (ETMS), an earlier simpler version of PTC than systems being implemented in response to RSIA ran to 25 volumes and over 7000 pages

Other Safety Documentation

In support of a railroads’ PTC implementation, other safety related documentation may be submitted to the FRA for review and in some cases approval, including but not limited to hazard, risk and/or safety analyses to support alternative test requests, alternative PTC components and certification of a PTC system as a stand-alone or mixed system7. The FRA may require the services of a Contractor to support an IR of these other safety-related documents.

Referenced Documents

41 CFR chapters 300-304. Federal Travel Regulation, current revision 49 CFR 209 Part 209 Railroad Safety Enforcement Procedures 49 CFR 236 Subpart H, Standards for Processor-Based Signal and Train Control Systems.

49 CFR 236 Subpart I, Positive Train Control Systems 49 CFR 1520 -- Protection of sensitive security information.

Requirements

The contactor shall conduct independent technical reviews of FRA designated PTCSP and other safety-related documentation. The contractor shall provide written justified recommendations to FRA to (1) either approve, or disapprove the reviewed document and (2) recommended operational or programmatic restrictions necessary to ensure public and train crew safety.

The Contractor shall closely interface with FRA Office of Safety Personnel and other persons as required to complete the tasks.

This will require the following engineering and analytical expertise:

1. Recent experience in the time sensitive review and analysis of project documentation associated with safety critical products to include requirements documents, design plans, manufacturing and software development processes and procedures, safety program plans, integration plans, scheduling and program management plans, risk analyses, and concept of operations.

2. Extensive experience in the design, maintenance, operation and safety certification of Communications Based Train Control Systems used in the railroad or transit environments.

3. Extensive experience in the documentation and presentation of engineering or programmatic deficiencies to audiences with and without extensive background in railroad system design, operation, or maintenance to include adjudication of comments on draft documentation from railroads and/or signal and train control vendors.

4. Understanding of the Code of Federal Regulations related to rail safety in general and 49 CFR 236.1011 in particular to include extensive experience in the analysis of system operations for functional and regulatory compliance

5. Experience in the analysis of interoperability of communications based SCADA systems.

7 49 CFR 236.1015 (e) (3) (4)

6. Knowledge and experience of all aspects of non PTC railroad signal and train control system design, construction, installation, test, and maintenance.

The Contractor must be an independent third party as defined in 49 CFR 236.913(h)(2).

The contractor shall furnish professional and technically qualified personnel to perform assigned tasking. The contractor shall provide total task management and supervision of contractor personnel. The contractor’s Technical Lead shall serve as the primary point of contact for all technical aspects of the required work. This person shall also be a prime provider of the required technical services.

The contractor shall propose the labor mix necessary to complete the work.

FRA will not provide or pay for training, conferences, or seminars to be given to contractor personnel in order for them to perform their tasks. The contractor is expected to provide trained, knowledgeable personnel.

Contractor personnel must possess excellent communication skills (e.g., excellent written and verbal communication skills acquired via customer service work). Excellent verbal communication skills include the ability to establish a professional rapport with customers; be a good listener and obtain required information; see things from another person’s perspective;

express knowledge in a clear, simple manner; explain technical matters to non-technical people;

and be able to uphold the interests of the FRA and convince others by making valid and relevant points in a professional manner. Excellent written communication skills includes ensuring text is accurate and is expressed in clear, straightforward manner.

Document Review Requirements

The contractor shall review requirements, specifications, schedules, and other documentation when requested. The contractor shall offer advice and guidance, and provide written opinions with supporting justification regarding: (1) compliance of the reviewed documentation with the relevant parts of 49 CFR 236 Subparts A thru I specifically , as well as relevant parts of 49 CFR Chapters II and VII generally8 (2) the validity of the argument supported by the body of evidence, that provides a compelling, comprehensible and valid case that a system is safe for a given application in a given environment, and (3) any recommended operational or programmatic restrictions necessary to ensure public and train crew safety.

The contractor should list concerns and observations along with the recommendations to resolve.

For the purposes of the review, the following definitions should be used:

A concern is a deficiency, condition, shortcoming, omission or error that materially affects the system safety. An observation is a comment on a project aspect that was evaluated.

Observations may be positive, neutral, or negative. Negative Observations typically identify actual or potential issues (not considered Concerns). Neutral Observations, while neither negative nor positive, are included in the ICR report to show that an area was, in fact, reviewed

8 49 CFR Chapter II Federal Railroad Administration, Department Of Transportation and 49 CFR Chapter VII National Railroad Passenger Corporation (Amtrak) by the ICR team. Negative Observations of a prevalent or systemic nature will result in a Concern with an associated recommendation.

Meeting and Presentation Support

The contractor shall attend scheduled meetings as required for coordination and execution. The contractor shall provide technical support to the FRA Office of Safety for scheduled meetings as required for coordination and execution of any reviews. As directed, the contractor will attend and develop briefs, schedules, and status reports for meetings.

The contractor shall prepare for and attend a kick-off meeting with government representatives and government designated representatives. The meeting will be held at FRA headquarters in Washington, DC unless otherwise directed by the Contracting Officer’s Representative (COR).

The Contractor shall prepare the agenda, the minutes, and action list documents for this meeting.

The contractor shall present the final report for each document reviewed and presentation to personnel at FRA headquarters in Washington, DC unless otherwise directed by the COR. This presentation is anticipated to complete the task.

Project Administrative and Programmatic Support

The contractor shall provide administrative and programmatic support to the FRA Office of Safety as required in the execution of reviews and analysis. The contractor shall support the development, tracking, and maintenance of review documents and briefings. The contractor shall support the scheduling of meetings and the preparation of meeting materials, and provide programmatic support during materials in the collection, documentation, and distribution of meeting minutes and materials.

The contractor shall closely interface with FRA personnel in the development of review document reports, and approval or disapproval letters.

Monthly Progress Report

The contractor shall produce a monthly progress report that indicates work accomplished, problem areas, significant results, recommendations, and planned work for the next month. The monthly report shall be delivered via e-mail in MS Word format to the Government by the 10th of the month following the month being reported.

Travel Requirements

No travel outside the National Capital Region is anticipated. Any contractor travel outside the National Capital Region in conjunction with the execution of this effort must have prior approval of the COR. The Contractor will identify any travel the Contractor believes necessary, the associated costs, and a justification why the travel is necessary for the execution of this statement of work. Whenever possible, conference calls and video conferencing (when available and cost effective) shall be used in lieu of travel.

Travel costs include the costs of transportation, lodging, and meals and incidental expenses (M&IE) incurred while traveling on official business. Travel estimates proposed are based on the potential number of trips, places to be visited, length of stay, mode of transportation, and estimated per diem, or living allowance and persons per trip. Costs for transportation may be based on mileage rates, actual costs incurred, or on a combination of both. Costs for lodging are based on per diem to the extent that they do not exceed the daily maximum rate set forth in the Federal Travel Regulation, prescribed by the General Services Administration, actual expenses, or a combination thereof.

Due to the requirement for quick response and close coordination between FRA and the Contractor, key and resource personnel must be able to respond to DOT Headquarters9 personnel within 24 hours.

Reports and Presentations

The Contractor will document the entire review and provide a final report. A draft report will first be delivered to the contracting officer’s representative (COR) for review. Upon receipt of comments, the draft report will be updated in accordance with issues raised by the COR and released as final. Particular attention shall be given to the following requirements:

• The writing style and language is clear and understandable

• The document is relevant and addresses the technical requirements

• The document is well organized, logically and technically correct

• The interpretations and conclusions are sound and justified by the results

The language for all deliverables is English, and the report will be provided both in PDF and MS-word format. Final deliverables shall be provided on electronic media (CD, DVS, or Thumb Drive) with three (3) copies. Exceptions require the approval of the COR.

Electronic or paper copies of all material cited in the reports will be included as deliverables, along with the complete citation. Copies of books cited are not required as deliverables, although full citations, including ISBN number, are required

The Contractor shall provide writing, editing, drafting, production, and documentation coordination expertise that includes: (i) developing manuscripts for plans and reports; (ii) preparing engineering level designs and illustrations; (iii) reviewing manuscripts for technical consistency, completion, and specification compliance; (iv) editing and enhancing written text;

(v) presenting in-process, preliminary and final manuscripts at document review meetings; and

(vi) incorporating "mark ups" and other comments provided by management and technically cognizant personnel (vii) draft letters and other documents.

9 DOT Headquarters is located at 1200 New Jersey Avenue SE, Washington DC 20590

Manuscripts, presentations, and illustrations shall be prepared using software compatible with Microsoft Word, Excel, Visio, Project and PowerPoint. Staffing Requirements and Capabilities

The Contractor shall provide sufficient staff of technical subject matter experts, experienced in all aspects of program management and product evaluation in order to effectively complete the requirements described above.

This contract was not formed as nor is it to be administered or performed as a personal services contract. Accordingly, the contractor shall designate appropriate and sufficient supervisory personnel to meet task outcomes. Contract supervisors will provide day-to-day supervision of all contract personnel including work assignments and performance monitoring, payroll records, leave approval and monitoring, etc. At no time will contractor personnel be supervised by FRA managers or other FRA personnel.

Government Furnished Information and Equipment

The Government will provide the Contractor with review documentation as required. All government furnished information (GFI) shall be returned at the completion of this task. The contractor shall provide all other necessary documentation.

At this time there is no requirement that would necessitate the acquisition of hardware or software. The Contractor shall provide all necessary hardware and/or software required to complete the work.

Period of Performance and Schedule of Deliveries

The IDIQ’s total ordering period will be a one year base period and three option periods. The CO shall issue individual task statements as required.

The schedule and delivery dates will be established by the COR when a task order is issued.

All deliverables will be properly redacted as necessary as specified in 49 CFR 209.11.

The Contractor shall provide the following deliverables:

Deliverable Delivery Date Project Plan 7 days after award Monthly Progress Report Date TBD Reports on Reviews/Meetings/Trips 7 days after Review/Meeting/Trip Informal Progress Updates As required Draft Final Report 14 days after completion of Evaluation Final Report 7 days after receipt of government comments

All products and information developed under this contract shall be considered Government work and shall have no license encumbrances.

Security & Release of Information

The material associated with this Statement of Work is UNCLASSIFED, but may include Sensitive Security Information (SSI) and will include other sensitive information such as, but not limited to sensitive or proprietary business10, technical, financial, and/or source selection information belonging to the Government or other contractors.

Any SSI shall be handled as specified in title 49 CFR 1520 -- protection of sensitive security information.

The contractor agrees that access to proprietary information or SSI will be provided only to employees, agents and independent contractors who are required to have access specifically related to the purpose(s). The contractor agrees that it will inform individuals having access of the confidential nature of the information and the restrictions on its publication, disclosure and use, and shall assume the responsibility that such employees and independent contractors will preserve the secrecy of such information with respect to third parties. The contractor personnel shall be required to sign Non-Disclosure Statements and follow all provisions, restrictions, procedures, and policies commensurate to the tasks to be performed.

All information relating to items or services to be performed under this order shall not be disclosed by any means without prior approval of the authorized representative of the Contracting Officer. All technical data provided to the contractor by the Government shall be protected from public disclosure in accordance with the markings. The contractor shall adhere to U.S. Export Administration Laws and Regulations and shall not export or re-export any data, items or products arising to any country or person unless properly authorized by the U.S.

Government. Any request for information relating to this contract presented to the Contractor must be submitted to the Contracting Officer for a response.

Public disclosure includes, but is not limited to: permitting access of such information by any other person or entity, publication of scientific or technical papers, advertising, or any other proposed public release. The Contractor shall provide adequate physical protection so as to preclude access by any person or entity not authorized such access by the Government.

Any information assets (company owned or custodial care) no longer required to complete the prescribed tasks must be returned to a designated FRA representative for storage or destruction.

Each employee of the Contractor or subcontractor acting under this statement of work shall certify:

10 This more specifically defined as information that (i) embodies trade secrets as defined under 18 U.S.C. §1839 or

(ii) commercial or financial information which is privileged or confidential under the Freedom of Information Act (5 U.S.C. §552(b)(4)), either of which is developed at private expense outside this agreement and which is marked as PROPRIETARY INFORMATION, COMPANY CONFIDENTIAL, or other similar statements.

(a) They understand that in the performance of this task, they may have access to sensitive or proprietary business, technical, financial, and/or source selection information belonging to the Government or other contractors. This information includes, but is not limited to, cost/ pricing data, Government spend plan data, Planning, Programming, Budgeting and Execution (PPBE) documents and information, as defined in DoD Directive 7045.14; contractor technical proposal data, independent government cost estimates, negotiation strategies and contractor data presented in negotiations, contracting plans and statements of work.

(b) They agree not to discuss, divulge, or disclose any such information or data to any person or entity except those persons directly concerned with the performance of this delivery order.

(c) They have been advised that the unauthorized disclosure, use or negligent handling of the information could cause irreparable injury to the owner of the information. The injury could be source sensitive procurement information of the government or proprietary/trade secret information of another company.

(d) The United States Government may seek any remedy available to it to enforce this Agreement, including, but not limited to, application for a court order prohibiting disclosure of information in breach of this agreement. Court costs and reasonable attorney fees incurred by the United States Government may be assessed against them if they lose such action.

(e) They understand that another company might file a separate claim against them if they have misused its proprietary information.

(d) Proprietary information/data will be handled in accordance with Government regulations.

(e) In the event that they seek other employment, they will reveal to any prospective employer the continuing obligation in this agreement prior to accepting any employment offer.

The obligations imposed herein do not extend to information/data which:

(a) is in the public domain at the time of receipt or it came into the public domain thereafter through no act of mine;

(b) is disclosed with the prior written approval of the designated Contracting Officer;

(c) is demonstrated to have been developed independently of disclosures made hereunder;

(d) is disclosed pursuant to court order, after notification to the designated Contracting Officer;

(e) is disclosed inadvertently despite the exercise of the same reasonable degree of care a party normally uses to protect its own proprietary information.

Distribution Statement

Unless specifically authorized otherwise by the Contracting Officer’s Representative the following distribution and destruction statements shall appear.

1. On word processing files included in the file such that the first page of any resultant hard copy shall display the statement

2. On emails generated under this work order

3. On any computer external memory storage

DISTRBUTION LIMITED:

FEDERAL RAILROAD ADMINISTRATION PERSONNEL ONLY

ADMINISTRATIVE /OPERATIONAL USE

DESTROY BY ANY METHOD THAT WILL PREVENT DISCLOSURE OR

RECONSTRUCTION

SECTION D - PACKAGING AND MARKING

D.1 PACKAGING AND MARKING

(a) All packing and mailing of reports or submittals shall be accomplished in the most economical and efficient manner and in accordance with the best commercial practices. It is strongly suggested that packages be sent via express mail or private overnight carrier such as:

Fed Ex, DHL, or UPS.

(b) All information submitted to the Officer CO or the COR shall be clearly marked with the name of the organization/contractor, the contract number, task order and/or modification number as appropriate and the identification of the submission.

D.2 PAYMENT OF POSTAGE AND FEES

All postage and fees related to submitting information under the terms and conditions of the contract, including forms, report, etc., to the CO or the COR, shall be paid by the contractor.

SECTION E - INSPECTION AND ACCEPTANCE

E.1 INSPECTION AND ACCEPTANCE

Satisfactory completion of work under this contract shall be indicated by written receipt of such work by the COR. Taking physical delivery of deliverable items shall not constitute acceptance.

SECTION F - DELIVERIES OR PERFORMANCE

FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

http://acquisition.gov/far/index.html

52.242-15 Stop Work Order 52.242-17 Government Delay of Work 52.247-34 F.OB Destination

F.1 POST AWARD EVALUATION OF CONTRACTOR PERFORMANCE

a. 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 evaluations will be prepared as soon as possible after completion of all required work and contract term.

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 CO, 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.

b. Electronic Access to Contractor Performance Evaluations

The U.S. Department of Transportation utilizes the 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: https://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 https://www.cpars.gov/ and a performance evaluation has been prepared and is ready for comment, the CPARS will send an email to the contractor representative notifying that individual that a performance evaluation is electronically available for review and comment.

F.2 PLACE OF PERFORMANCE

Work performed under this contract shall be performed at the Contractor’s facility.

F.3 PLACE OF DELIVERY

(a) All deliverables, as described herein and as required by individual task orders, unless otherwise directed by the COR, shall be submitted in electronic format by email to the assigned COR and CO of the task order.

F.4 PERIOD OF PERFORMANCE

(a) Base Period of Performance (Term): The period of performance for the base period shall be one (1) year commencing from the effective date of the contract.

(b) Option Periods of Performance (Term): The periods of performance for each of the three options, if exercised by the Government, shall be 12 months. Each option period, if exercised, will commence on the day after the expiration of the previous period of performance.

(c) The FRA has a unilateral right to extend the term of the contract through the exercise of one or more of the one-year option periods, in accordance with FAR clause 52.217-9, Option to Extend the Term of the Contract. If FRA exercises all options, the total period of performance for this contract will be fifty-four months from the effective date of the contract.

F.5 REPORT OF PROBLEMS

The contractor shall bring actual or potential problems under the contract to the attention of the COR and the Contracting Officer as soon as they are known. Oral reports shall be followed by written reports within 3 working days.

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 RESERVED

G.2 TAR 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 and 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.

(c) The Contracting Officer is the only individual who can legally commit or obligate the Government for the expenditure of public funds. The technical administration of this contract shall not be construed to authorize the revision of the terms and conditions of this contract. Only the Contracting Officer can authorize any such revision in writing. The Contracting Officer shall promptly countermand any action that exceeds the authority of the COR.

G.3 COR ASSIGNMENT

(To be inserted at time of award) is hereby designated as the COR for this contract. The COR can be reached at (to be inserted at time of award).

The COR has the authority to monitor the technical progress of the services that are required to be delivered under the contract. 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 or delete, change or waive any of the technical requirements or other terms and conditions of the contract. 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 this contract.

G.4 INVOICING INSTRUCTIONS

The contractor shall submit invoices for payment utilizing Standard Form 1034 prepared in accordance with “Instructions for Preparation and Submission of Public Vouchers” available via the following link: http://www.dot.gov/assistant-secretary-administration/procurement/tar-part- 1232-contract-financing

Send one original copy to the following address:

FAA MIKE MONRONEY AERONAUTICAL CENTER

http://www.dot.gov/assistant-secretary-administration/procurement/tar-part-1232-contract-financing http://www.dot.gov/assistant-secretary-administration/procurement/tar-part-1232-contract-financing

HQ ROOM 272/FRA

6500 S MACARTHUR BLVD

OKLAHOMA CITY, OK 73169

or electronically to: 9-amc-amz-fra-invoices@faa.gov

Note: If FRA changes to another electronic invoicing system during the period of performance of the order, the contractor shall submit invoices using that new electronic invoicing system at no additional cost to the government. However, any new system will be free to use for the contractor.

G.5 TRAVEL AND PER DIEM

(a) All travel must be approved in writing by the COR prior to all travel events.

(b) All travel reimbursable hereunder shall conform to the requirements under FAR 31.205-46.

(c) All travel shall be reimbursed in accordance with current Government travel regulations at economy class rates when available. If not available, reimbursement vouchers shall be annotated that economy class was not available. The contractor shall be reimbursed for actual costs incurred for per diem/subsistence costs in accordance with current Government travel regulations.

G.6 REMOVAL OF CONTRACTOR PERSONNEL

It is understood that all personnel assigned by the Contractor to the performance of work hereunder must be acceptable to the Government in terms of personal and professional conduct.

Any person in the Contractor’s organization, who is deemed by the CO or the COR to conflict with the interest of the Government, shall be immediately removed from this contract. The reason for removal shall be fully documented in writing by the COR or DOT Office of Security through the CO. Any security violations, denials or revocations of security clearance may be construed as grounds for immediate removal from the premises and the contract.

NOTE: The proposed replacement’s minimum qualifications and experience shall be equal to those of the individual being replaced.

G.7 INCUMBENT CONTRACTOR

The work under this RFP is currently being performed under IDIQ No. DTFR5312D00001L by ENSCO Inc.

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 ACCESSIBILITY OF MEETINGS AND CONFERENCES TO PERSONS WITH

DISABILITIES

mailto:9-amc-amz-fra-invoices@faa.gov

The contractor shall assure that any meeting or conference held pursuant to the contract will meet all applicable standards for accessibility to persons with disabilities.

H.2 REQUIREMENTS FOR IMPLEMENTING SECTION 508 STANDARDS

1.1. This SOW is subject to Section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d) as amended by the workforce Investment Act of 1998 (P.L. 105- 220). Specifically, subsection 508(a)(1) requires that when the Federal Government procures Electronic and Information Technology (EIT), the EIT must allow Federal employees and individuals of the public with disabilities comparable access to and use of information and data that is provided to Federal employees and individuals of the public without disabilities.

The EIT accessibility standards at 36 CFR Part 1194 were developed by the Architectural and Transportation Barriers Compliance Board (“Access Board”) and apply to contracts and task/delivery orders, awarded on or after June 25, 2001.

Each EIT product or service furnished under this contract shall comply with the Electronic and Information Technology Accessibility Standards (36 CFR 1194), as specified in the contract, as a minimum. If the Contracting Officer determines any furnished product or service is not in compliance with the contract, the Contracting Officer will promptly inform the Contractor in writing. The Contractor shall, without charge to the Government, repair or replace the non-compliant products or services within the period to be specified by the Government in writing. If such repair or replacement is not completed within the time specified, the Government shall have the following recourses:

1. Cancellation of the contract, delivery or task order, purchase or line item without termination liabilities; or

2. In the case of custom EIT being developed by a contractor for the Government, the Government shall have the right to have any necessary changes made or repairs performed by itself or by another firm for the noncompliant EIT, with the contractor liable for reimbursement to the Government for any expenses incurred thereby.

The contractor must ensure that all EIT products that are less than fully compliant with the accessibility standards are provided pursuant to extensive market research and are the most current compliant products or services available to satisfy the contract requirements.

For every EIT product or service accepted under this contact by the Government that does not comply with 36 CFR 1194, the contractor shall, at the discretion of the Government, make every effort to replace or upgrade it with a compliant equivalent product or service, if commercially available and cost neutral, on either a contract specified refresh cycle for the product or service, or on a contract effective option/renewal date; whichever shall occur first.

1.2 Section 508 Compliance for Communications

The GDCI shall comply with the standards, policies, and procedures below. In the event of conflicts between the referenced documents and this SOW the SOW shall take precedence.

Rehabilitation Act, Section 508 Accessibility Standards

1. 29 U.S.C. 794d (Rehabilitation Act as amended)

2. 36 CFR 1194 (508 Standards)

3. www.access-board.gov/sec508/508standards.htm (508 standards)

4. FAR 39.2 (Section 508)

5. USDA Standards, policies and procedures (Section 508)

In addition, all contract deliverables are subject to these 508 standards as applicable.

Regardless of format, all Web content or communications materials produced, including text, audio or video - must conform to applicable Section 508 standards to allow federal employees and members of the public with disabilities to access information that is comparable to information provided to persons without disabilities. All contractors (including subcontractors) or consultants responsible for preparing or posting content must comply with applicable Section 508 accessibility standards, and where applicable, those set forth in the referenced policy or standards documents above. Remediation of any materials that do not comply with the applicable provisions of 36 CFR Part 1194 as set forth in the PWS, shall be the responsibility of the contractor or consultant.

The following Section 508 provisions apply to the content or communications material identified in this SOW:

• 36 CFR Part 1194.21 a - l

• 36 CFR Part 1194.22 a - p

• 36 CFR Part 1194.31 a - f

• 36 CFR Part 1194.41 a - c

The contractor shall provide a completed Section 508 Product Assessment Template and the contractor shall state exactly how proposed EIT deliverable(s) meet or does not meet the applicable standards.

The following Section 508 provisions apply for software development material identified in this SOW, or TO:

For software development, software applications, and operating systems the Contractor/Developer/Vendor shall comply with the standards, policies, and procedures below:

Rehabilitation Act, Section 508, Accessibility Standards http://www.access-board.gov/sec508/508standards.htm

1) 29 U.S.C. 794d (Rehabilitation Act as amended)

2) 36 CFR 1194 (508 Standards)

36 CFR Part 1194.21 (a - l) 36 CFR Part 1194.31 (a - f) 36 CFR Part 1194.41 (a - c)

3) www.access-board.gov/sec508/508standards.htm (508 Standards)

4) FAR 39.2 (Section 508)

5) USDA Standards, policies and procedures (Section 508)

a. Information Technology – General Information https://www.ocio.usda.gov/about-ocio/enterprise-applications-services-eas/section- 508-accessibility-compliance

For web-based applications (intranet, internet information and applications, 16 rules), the Contractor shall comply with the standards, policies, and procedures below:

Rehabilitation Act, Section 508, Accessibility Standards

1) 29 U.S.C. 794d (Rehabilitation Act as amended)

2) 36 CFR 1194 (508 Standards)

36 CFR Part 1194.22 (a -p) 36 CFR Part 1194.31 (a - f) 36 CFR Part 1194.41 (a - c)

3) www.access-board.gov/sec508/508standards.htm (508 Standards)

4) FAR 39.2 (Section 508)

5) USDA Standards, policies and procedures (Section 508)

a. Information Technology – General Information https://www.ocio.usda.gov/about-ocio/enterprise-applications-services-eas/section- 508-accessibility-compliance

6) Web Content Accessibility Guidelines (WCAG) 2.0 http://www.w3.org/TR/WCAG20/ For Telecommunication products, the Contractor shall comply with the standards, policies, and procedures below:

Rehabilitation Act, Section 508, Accessibility Standards

1) 29 U.S.C. 794d (Rehabilitation Act as amended)

2) 36 CFR 1194 (508 Standards)

36 CFR Part 1194.23 (a – k) 36 CFR Part 1194.31 (a – f) 36 CFR Part 1194.41 (a – c)

3) www.access-board.gov/sec508/508standards.htm (508 Standards)

4) FAR 39.2 (Section 508)

5) USDA Standards, policies and procedures (Section 508)

a. Information Technology – General Information https://www.ocio.usda.gov/about-ocio/enterprise-applications-services-eas/section- 508-accessibility-compliance

For video and multimedia applications (including training), the Contractor shall comply with the standards, policies, and procedures below:

http://www.access-board.gov/sec508/508standards.htm https://www.ocio.usda.gov/about-ocio/enterprise-applications-services-eas/section-508-accessibility-compliance https://www.ocio.usda.gov/about-ocio/enterprise-applications-services-eas/section-508-accessibility-compliance http://www.access-board.gov/sec508/508standards.htm https://www.ocio.usda.gov/about-ocio/enterprise-applications-services-eas/section-508-accessibility-compliance https://www.ocio.usda.gov/about-ocio/enterprise-applications-services-eas/section-508-accessibility-compliance http://www.w3.org/TR/WCAG20/ http://www.access-board.gov/sec508/508standards.htm https://www.ocio.usda.gov/about-ocio/enterprise-applications-services-eas/section-508-accessibility-compliance https://www.ocio.usda.gov/about-ocio/enterprise-applications-services-eas/section-508-accessibility-compliance

Rehabilitation Act, Section 508, Accessibility Standards

1) 29 U.S.C. 794d (Rehabilitation Act as amended)

2) 36 CFR 1194 (508 Standards)

36 CFR Part 1194.24 (a – e) 36 CFR Part 1194.31 (a – f)

36 CFR Part 1194.41 (a – c)

3) www.access-board.gov/sec508/508standards.htm (508 Standards)

4) FAR 39.2 (Section 508)

5) USDA Standards, policies and procedures (Section 508)

a. Information Technology – General Information https://www.ocio.usda.gov/about-ocio/enterprise-applications-services-eas/section- 508-accessibility-compliance

For self-contained, closed products, the Contractor shall comply with the standards, policies, and procedures below:

Rehabilitation Act, Section 508, Accessibility Standards

(1) 29 U.S.C. 794d (Rehabilitation Act as amended)

(2) 36 CFR 1194 (508 Standards) 36 CFR Part 1194.25 (a – j) 36 CFR Part 1194.31 (a – f) 36 CFR Part 1194.41 (a – c)

(3) www.access-board.gov/sec508/508standards.htm (508 Standards)

(4) FAR 39.2 (Section 508)

(5) USDA Standards, policies and procedures (Section 508)

a. Information Technology – General Information https://www.ocio.usda.gov/about-ocio/enterprise-applications-services-eas/section- 508-accessibility-compliance

For Desktop and portable computers, the Contractor shall comply with the standards, policies, and procedures below:

Rehabilitation Act, Section 508, Accessibility Standards

1) 29 U.S.C. 794d (Rehabilitation Act as amended)

2) 36 CFR 1194 (508 Standards)

36 CFR Part 1194.26(a – d) 36 CFR Part 1194.31 (a – f) 36 CFR Part 1194.41 (a – c)

3) www.access-board.gov/sec508/508standards.htm (508 Standards)

4) FAR 39.2 (Section 508)

5) DOT Standards, policies and procedures (Section 508)

a. Information Technology – General Information https://www.ocio.usda.gov/about-ocio/enterprise-applications-services-eas/section- 508-accessibility-compliance http://www.access-board.gov/sec508/508standards.htm https://www.ocio.usda.gov/about-ocio/enterprise-applications-services-eas/section-508-accessibility-compliance https://www.ocio.usda.gov/about-ocio/enterprise-applications-services-eas/section-508-accessibility-compliance http://www.access-board.gov/sec508/508standards.htm https://www.ocio.usda.gov/about-ocio/enterprise-applications-services-eas/section-508-accessibility-compliance https://www.ocio.usda.gov/about-ocio/enterprise-applications-services-eas/section-508-accessibility-compliance http://www.access-board.gov/sec508/508standards.htm https://www.ocio.usda.gov/about-ocio/enterprise-applications-services-eas/section-508-accessibility-compliance https://www.ocio.usda.gov/about-ocio/enterprise-applications-services-eas/section-508-accessibility-compliance

All Electronic Information Technology that is subject to the 36 CFR 1194 standards will have a Section 508 acceptance test and Section 508 will be validated upon acceptance.

All maintenance for Electronic Information Technology that requires upgrades, modifications, installations and purchases will adhere to the Section 508 Standards and 36 CFR 1194.

H.3 TAR 1252.237-73 KEY PERSONNEL (APR 2005)

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

(b) Prior to removing, replacing or diverting any of the specified individuals or facilities, the Contractor shall notify, in writing, and receive consent from the Contracting Officer reasonably in advance of the action and shall submit justification (including proposed substitutions) in sufficient detail to permit evaluation of the impact on this contract.

(c) No diversion of key personnel shall be made by the Contractor without the written consent of the Contracting Officer. The Contracting Officer may ratify, in writing, the change and such ratification shall constitute the consent of the Contracting Officer required by this clause.

The Key Personnel under this contract are (to be determined at time of award):

Name Title/Function TBD Project Manager TBD System Safety Engineer TBD Engineer (Review Technical Lead)

H.4 ORDERING PROCEDURES

(a) Task Orders negotiated under this contract may be issued only by a designated Contracting Officer representing the U.S. Department of Transportation, Federal Railroad Administration.

(b) Task orders may be solicited, negotiated, and issued from the effective date of this contract through completion or termination of the base period and the three, one year option periods…