RFP H.pdf

U.S. Department of Transportation Section H: Special IDIQ Requirements Pipeline and Hazardous Materials Safety Administration RFP 693JK320R0005

SPECIAL H—SPECIAL IDIQ REQUIREMENTS

H.1 TECHNICAL DIRECTION

(A) The COR designated on each order may provide written technical direction to the Contractor concerning the work performed under the IDIQ. Technical direction is limited to direction to the Contractor that fills in details or otherwise completes the general description of the work set forth in the IDIQ. Technical direction includes:

(1) Directions to the Contractor that suggest pursuit of certain lines of inquiry, shift work emphasis, fill in details or otherwise serve to accomplish the statement of objectives or work description.

(2) Guidelines to the Contractor, that help interpret technical portions of work descriptions.

(B) Technical direction must be within the general scope of work stated in the IDIQ. Technical direction may not be used to:

(1) Assign additional work under the IDIQ or order.

(2) Direct a change as defined in the “CHANGES” clause of the IDIQ.

(3) Increase or decrease the IDIQ or order price or estimated IDIQ or order amount (including fee), as applicable, the direct labor hours, or time required for IDIQ performance.

(4) Change any of the terms, conditions or specifications of the IDIQ or order.

(5) Interfere with the Contractor’s rights to perform the terms and conditions of the IDIQ or order.

(C) All technical direction must be in writing (or via e-mail) by the applicable COR.

(D) If the Contractor believes any technical direction calls for effort outside the scope of the IDIQ or is inconsistent with this requirement, the Contractor must notify the Contracting Officer in writing within five working days after receipt of any such instruction. The Contractor must not proceed with the work affected by the technical direction unless and until the Contractor is notified by the Contracting Officer that the technical direction is within the scope of this IDIQ. To notify the Contractor, the Contracting Officer will either issue an appropriate IDIQ modification within a reasonable time or advise the Contractor in writing within 30 days that the instruction or direction is-

(1) Rescinded in its entirety; or

(2) Within the scope of the IDIQ and does not constitute a change under the changes clause of the IDIQ, and that the Contractor should proceed promptly with its performance.

(E) Failure of the Contractor and Contracting Officer to agree that the instruction or direction is both within the scope of the IDIQ and does not constitute a change under the changes clause, or a failure to agree upon the IDIQ action to be taken with respect to the instruction or direction, is subject to the Disputes clause of this IDIQ.

(F) Any action(s) taken by the Contractor in response to any direction given by any person other than the Contracting Officer or the applicable COR is at the Contractor’s risk.

(G) Nothing in the foregoing paragraph will excuse the Contractor from performing that portion of the work statement which is not affected by the disputed technical direction.

H.2 SAFETY AND ACCIDENT PREVENTION

In performing any work under this IDIQ on premises that are under the direct control of the Government, the Contractor must (a) conform to all safety rules and requirements as in effect at any time during performance of the IDIQ; and (b) take such additional precautions as the Contracting Officer may reasonably require for safety and accident prevention purposes. The Contractor agrees to take all reasonable steps and precautions to prevent accidents and preserve the life and health of the Contractor and Government personnel performing or in any way coming in contact with the performance of the IDIQ on such premises. Any violation of such rules and requirements, unless promptly corrected as directed by the Contracting Officer, is grounds for termination of this IDIQ.

H.3 SECURITY REQUIREMENTS

H.3.1 Contractor Security Requirements and Procedures

The COR will arrange for issuance of a Government Contractor’s Identification Card for the Contractor Personnel whose normal duties include work and activities in the DOT/PHMSA Headquarters Building, Washington, D.C. and Regional offices. When a contactor employee is in the DOT building, the employee must wear an identification badge on the employee’s outer garment at all times. When a contractor employee no longer has duties under the IDIQ necessitating the employee’s presence in the DOT building, the COR will request the necessary information for cancellation or disposal of the ID badge. All on-site Contractor personnel must abide by the DOT security policy in DOT Order 1630.2B, Personnel Security Management.

The Contracting Officer’s Representative (COR) is to determine the position sensitivity classification or risk-level designations for all contractor positions under his/her cognizance. Every position (even if appointed to a non-sensitive/low risk position) requires some level of investigation. Contractor employees are subject to the same level determination and investigation requirements as Federal employees. Executive Order (EO) 12968, DOT Order 1630.2B, DOT M 1630.2B, and OST M-1 Memo shall apply to contractor positions requiring security clearances.

To obtain the proper identification badge to work at the Department of Transportation, contractor employees must follow US DOT Order 1600.1 “Order Establishing Contractor Security Requirements and Procedures” and OST M-40’s badging procedures. A minimum of five (5) working days is required for the badging process.

H.3.2 Applicable IDIQ Clauses

See also the following applicable clauses:

• Section I, Paragraph I.2, Clause 52.204-9, “Personal Identity Verification of Contractor Personnel. (Jan 2011)”

• Section I, Paragraph I.3, Clause 1252.237-70, “Qualifications of Contractor Employees.

(DEVIATION). (Apr 2005) Alternate I. (Apr 2005).”

• Section I, Paragraph I.4, Clause 1252.239-70, “Security Requirements for Unclassified Information Technology Resources. (Apr 2005)”

H.4 CONFLICT OF INTEREST

The offeror must include a statement describing any potential financial interests that create or could create a conflict of interest with the work to be performed and a plan to resolve the conflict. After award, the contractor must submit a statement, if at any time during performance, the contractor acquires any financial interest that creates or could create a conflict of interest with the work being performed. This statement applies to the contractor, its employees, consultants or subcontractors used to perform the work.

H.5 ORGANIZATIONAL CONFLICT OF INTEREST

a) The Contractor warrants that, to the best of the Contractor's knowledge and belief, there are no relevant facts or circumstances which could give rise to an organizational conflict of interest (OCI), as defined in FAR 9.5, Organizational and Consultants Conflicts of Interest, or that the Contractor has disclosed all such relevant information.

b) The Contractor agrees to disclose in writing to the CO any actual or potential OCI discovered after award. This disclosure must describe actions which the Contractor has taken or proposes to take, after consultation with the CO, to avoid, mitigate, or neutralize the actual or potential conflict.

c) The CO may terminate this IDIQ for convenience, in whole or in part, if it deems such termination is necessary to avoid an OCI. If the Contractor was aware of a potential OCI prior to award or discovered an actual or potential conflict after award and did not disclose it, or misrepresented relevant information to the CO, the Government may terminate the IDIQ for default, debar the Contractor from Government contracting, or pursue such other remedies as may be permitted by law or this IDIQ.

d) The Contractor must include this clause in all subcontracts and in lower tier subcontracts unless a waiver is requested from, and granted by, the CO.

e) If an order is issued to the Contractor that would require activity that would create a potential conflict of interest, the Contractor must:

1) Notify the CO of a potential conflict; and

2) Recommend to the Government an alternate tasking approach that would avoid the potential conflict; or

3) Present for approval a conflict of interest mitigation plan that will:

a) Describe in detail the order requirement that creates the potential conflict of interest; and

b) Outline in detail the actions to be taken by the Contractor or the

c) Government in the performance of the task to mitigate the conflict, division of subcontractor effort, and limited access to information, or other acceptable means.

4) The Contractor must not commence work on an order related to a potential conflict of interest until specifically notified by the CO to proceed.

5) If the CO determines that it is the best interest of the Government to issue an order, notwithstanding a conflict of interest, a request for waiver must be submitted in accordance with

FAR 9.503.

H.6 DATA REQUIREMENTS

PHMSA considers knowledge management a critical aspect of its ongoing ability to service its end-users.

Therefore, PHMSA will retain ownership of all data or other related information collected, developed, analyzed, and reported in connection with providing the services within the scope of the statement of objectives. The contractor MUST provide its process for turning over the data to PHMSA at the end of the IDIQ.

H.7 USE OF TEMPORARY STAFFING AGENCIES

The Contractor’s use of Temporary Staffing Agencies to fulfill personnel requirements is allowed.

However, if the Temporary Staffing Agency is not an approved subcontractor listed in Section G, Paragraph G.5, “Subcontracts – Advanced Notification and Consent,” PHMSA will compensate the Contractor only for the direct cost the Contractor is charged by the Temporary Staffing Agency, but not more than the approved Labor Category Rates in Section B, Paragraphs B.6.1 through B.6.9. The Contractor will not earn any profit/fee on the use of a temporary staffing agency. This policy is implemented to ensure that all employees working under this IDIQ (full-time, part-time, or temporary) are receiving wages in accordance with the Service Contract Act minimum guidelines.

H.8 INSURANCE

See Section I, Paragraph I.3, Clause 52.228-7, “Insurance—Liability to Third Persons.” The Contractor must secure, pay the premiums for and keep in force until the expiration of this IDIQ, and any renewal thereof, adequate insurance as provided below. The insurance must specifically include liability assumed by the Contractor under this IDIQ.

(A) Workman’s compensation insurance as required by the law of the State.

(B) Comprehensive bodily injury liability insurance with limits of not less that $500,000 for each accident.

(C) Property damage liability with a limit of not less than $100,000 for each accident.

(D) Automotive bodily injury liability insurance with limits of not less than $200,000 for each person and $500,000 for each accident, and property damage liability insurance, with a limit of not less than $40,000 for each accident.

Each policy of insurance must contain an endorsement that any cancellation or material change in the coverage adversely affecting the Government’s interest will not be effective unless the insurer or the contractor gives PHMSA written notice of cancellation or change. When the coverage is provided by self-insurance, the Contractor must not change or decrease the coverage without the Contracting Officer’s prior approval.

A certificate of each policy of insurance must be furnished to the Contracting Officer within ten days after notice of award certifying, among other things, that the policy contains the aforementioned endorsement. The insurance company providing the above insurance must be satisfactory to the Government. Notices of policy changes must be furnished to the Contracting Officer. The substance of this clause must flow down to any subcontractors.

H.9 NONPERSONAL SERVICES IDIQ

This IDIQ is a “non-personal services IDIQ” as defined in FAR Section 37.101. The Contractor and its employees, consultants, and subcontractors:

1. Must perform the services specified herein as independent contractors, not as employees of the Government;

2. Are responsible for their own management, supervision, and administration of the work required, and bear sole responsibility for complying with all technical, schedule, or financial requirements or constraints attendant to the performance of this IDIQ;

3. Will be free from any direct or indirect supervision or control by any Government employee, subject to the following:

a. Pursuant to the Government rights under IDIQ clauses such as “Inspection” and “Key Personnel” must comply with such general direction of authorized Government employees as is necessary and appropriate to accomplish the IDIQ requirements and objectives.

The Contractor is the legally responsible employer and maintains that relationship during the time its employees are assigned to work on this IDIQ. The Contractor is solely responsible for all employee hiring, firing, discipline, promotions, training, bonuses, pay, and benefits.

H.10 CONTRACTOR CONDUCT

• The Contractor must provide employees who conduct themselves in a responsible manner.

• Contractor employees must not disclose information from publications marked “For Official Use

Only,” or those otherwise clearly confidential in nature.

• The Contractor and its employees must conduct only the business covered by this IDIQ and not conduct any other business on Government premises.

• Contractor personnel must abide by the rules and regulations applicable to the DOT and PHMSA premises including any applicable safety regulations. A Contractor Employee must comply with all PHMSA and DOT rules of conduct implemented during the period of performance.

• Gambling, alcohol, and illegal drugs are prohibited on DOT and PHMSA premises.

• Contractor employees must not come to work if under the influence of intoxicating beverages or illegal drugs.

• Use of Government facilities including telephones, copiers, fax machines, and computers is prohibited for personal or company business not related to the performance of this IDIQ.

• Employees may not download any software, updates, videos, screensavers, games, music, photographs, peer-to-peer (P2P) file sharing programs, or any other material onto a Government computer. No software may be downloaded from any Government computer for personal or any use other than for official Government business.

• A Contractor employee must have prior written approval of the Contracting Officer to remove any Government Property from DOT premises.

H.11 IDENTIFICATION OF CONTRACTOR EMPLOYEE

A Contractor employee must not give the impression that he/she is a PHMSA employee. Neither the Contractor nor its Contractor Employees may, in any way, represent that they are employees or agents of PHMSA, orally or in writing.

H.12 TRANSITION

H.12.1 Phase-in Transition

There is an incumbent Contractor currently performing similar work for PHMSA. The new Contractor will be required to work with the incumbent Contractor to transition from the existing contract to this IDIQ. During the 15-day transition period, the new Contractor must perform those tasks necessary to achieve full performance by the end of the transition period.

H.12.2 Phase-Out Transition

At the conclusion of the IDIQ period, the functions performed under this IDIQ may be converted to an in-house Government operation or may be awarded to another contractor.

In addition to providing phase-out transition support, the Contractor will be required to comply with Service Contract Act requirements related to providing employee information available for posting with the next RFP.

Additionally, at the end of the period of performance, the Contractor must provide a list of unfinished tasks for each of the positions on the IDIQ as of two weeks before the end of the IDIQ.

[END OF SECTION H]

H.3 SECURITY REQUIREMENTS