RFP_No._693JK419R500007_Fare_Media_Voucher.pdf

U.S. Department of Transportation

April 23, 2019

Prospective Offerors, The Department of Transportation has a requirement to provide nation-wide fare media paper vouchers in support of the TranServe transit benefit program. Attached is a Commercial Item

Request for Proposal (RFP) solicitation number 693JK419R500007 for fare media paper vouchers. This is a COMBINED SYNOPSIS/SOLICITATION prepared in accordance with terms and conditions prescribed in Federal Acquisition Regulation (FAR) Part 12.6, as supplemented with additional information incorporated herein.

The North American Industry Classification System Code (NAICS) is 485999. The Fare Media

Voucher requirement is not a small business set-aside and shall be solicited and awarded on an unrestricted basis.

Prospective Offerors are required to observe Section 1 through 11 of the solicitation, Section 9

Instructions to Offerors, presents detailed proposal submission instructions for prospective offerors. Section 10 Factors for Award, presents evaluation factors the DOT shall use in evaluating technical and price proposals.

Questions relative to the solicitation shall be submitted in writing by April 29, 2019 at 12:00pm, EST., to Ajmal Khan, Contract Specialist CTR via email at Ajmal.Khan.CTR@dot.gov. Final proposals shall be submitted to the DOT by May 09, 2019 at 12:00pm, EST. to Ajmal Khan via the above-referenced email address and a copy to Robin.Gates@dot.gov.

Sincerely, Robin D. Gates

Contracting Officer mailto:Ajmal.Khan.CTR@dot.gov mailto:Robin.Gates@dot.gov

TRANSERVE FARE MEDIA PAPER VOUCHER 693JK419R500007

1. CONTRACT PRICING

Fare Media Transit Benefit Paper Voucher

Base Period: June 2, 2019 to June 1, 2020

CLIN Description of Services Qty Unit Total Price

00001 Base Period: Commercially Merchantable Fare

Media

1 Lot

00002 Base Period: Contractor Surcharge 1 Lot

00003 Base Period: Freight Charge 1 Lot

00004 Base Period: Fare Media Transit Benefit Paper

Voucher Warranty

1 Lot

Total Estimated Cost for Base Period $

Option Period One: June 2, 2020 to June 1, 2021

CLIN Description of Services Qty Unit Total Price

10001 Option Period 1: Commercially Merchantable Fare

Media Paper Vouchers

1 Lot

10002 Option Period 1: Contractor Surcharge Estimate 1 Lot

10003 Option Period 1: Freight Charge 1 Lot

10004 Option Period 1: Fare Media Transit Benefit Paper

Voucher Warranty

Total Estimated Cost for Option Period One $

Option Period Two: June 2, 2021 to June 1, 2022

20001 Option Period 2: Commercially Merchantable Fare

Media Paper Vouchers

1 Lot

20002 Option Period 2: Contractor Surcharge Estimate 1 Lot

20003 Option Period 2: Freight Charge 1 Lot

20004 Option Period 2: Fare Media Transit Benefit Paper

Voucher Warranty

1 Lot

Total Estimated Cost for Option Period Two $

Option Period Three: June 2, 2022 to June 1, 2023

CLIN Description of Services Qty Unit Total Price

30001 Option Period 3: Commercially Merchantable Fare

Media Paper Vouchers

1 Lot

30002 Option Period 3: Contractor Surcharge Estimate 1 Lot

30003 Option Period 3: Freight Charge 1 Lot

30004 Option Period 3: Fare Media Transit Benefit Paper

Voucher Warranty

Total Estimated Cost for Option Period Three $

Option Period Four: June 2, 2023 to June 1, 2024

40001 Option Period 4: Commercially Merchantable Fare

Media Paper Vouchers

1 Lot

40002 Option Period 4: Contractor Surcharge Estimate 1 Lot

40003 Option Period 4: Freight Charge 1 Lot

40004 Option Period 4: Fare Media Transit Benefit Paper

Voucher Warranty

Total Estimated Cost for Option Period Four $

2. SUPPLIES OR SERVICES TO BE PROVIDED

2.1 BACKGROUND

On April 21, 2000 The President issued Executive Order (EO) 13150, the Federal Workforce

Transportation Order, to encourage federal employees to reduce their contribution to traffic congestion and air pollution. This order provides an incentive to use mass transportation in the form of subways, trains, buses, ferries and vanpools. The Department of Transportation (DOT) serves as the lead agency in providing transit benefits to the Federal Workforce in support of

(EO) 13150.

2.2 SCOPE

The contractor shall provide transit benefit support services to DOT and other federal agencies nationwide. Services include purchasing and distributing transit fare media in accordance with

Economy Act Agreements and the authority of the Administrative Working Capital Fund (40

U.S.C. 327); providing timely and efficient transit benefit service to over 207,000 customers.

2.3 OBJECTIVES

Under this contract, the selected Contractor(s) will have the responsibility for providing federal employees the means to obtain specific fare media using commercially available transit vouchers. The Contractor will administer and execute actions necessary to provide the services specified. The Contractor will conduct work in accordance with this contract and all applicable Federal, State, and local laws, standards, codes of regulations, and directives to include applicable publications. The Department of Transportation is seeking Contractor(s) to provide individually printed paper vouchers designed in a manner consistent with TRANServe program specifications. The vouchers will:

2.3.1 Limit purchases to transit authorities and transit providers

2.3.2 Serve as a fully negotiable instrument

2.3.3 Include a Magnetic Ink Character Recognition (MICR) line

2.3.4 Be sequentially numbered

2.3.5 Be accepted nationwide in multiple metropolitan areas

Transit vouchers shall be made available in various denominations specified by the current need of the program to include but are not limited to:

2.3.6 Transit Benefit Financial Voucher Values Table

$230.00 $ 115.00 $100.00 $50.00

20.00 $15.00 $10.00 $9.00

$8.00 $3.00 $2.00 $1.00

$4.00 $3.00 $2.00 $1.00

$3.00 $2.00 $1.00 $.50

The upper limit of the denominations must always equal the IRS approved monthly transit benefit subsidy amount. The contractor must have the ability to provide transit vouchers in denominations not specified above if required by TRANServe. The Contractor shall provide vouchers that expire in a minimum of twelve (12) months and a maximum of twenty-four (24) months from the date of the order.

The Vouchers shall have the following security features:

2.3.7 One or more watermarks

2.3.8 Chemical and copier void marks

2.3.9 Visible and invisible fibers

2.3.10 Thermo Chromatic Ink

2.4 PRODUCT RESTRICTIONS

The pay to line must explicitly state the following:

"Payable to Transit Authorities and Transit Providers Only"

Vouchers shall not include any form of the word check, (e.g. check, or cheque) on the face of the voucher. The contractor must detail a process which restricts the redemption of the vouchers in non-transit environments to include: check cashing establishments, ATM's, Vcom and other financial services/check cashing kiosks.

(i) There will be no minimum order requirements for the Vouchers.

(ii) Shipping Requirements:

• Orders must be shipped within five (5) days after order is placement.

• The Contractor must include a Bill of Lading in all boxes shipped.

The Contractor will issue an invoice to TRANServe no more than three (3) business days following the shipment of an order. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and the Office of Management and Budget (OMB)

Circular A-125, Prompt Payment. If the Government makes payment by Electronic Funds

Transfer (EFT), FAR section 32.902, provides that:

"Discount for prompt payment" means an invoice payment reduction offered by the

Contractor for payment prior to the due date.

"Mixed invoice" means an invoice that contains items with different payment due dates.

"Payment date" means the date on which a check for payment is dated or, for an electronic Funds transfer (EFT), the settlement date.

"Settlement date," as it applies to electronic funds transfer, means the date on which an electronic funds transfer payment is credited to the contractor's financial institution.

(i) The Contractor will refund TRANServe within thirty (30) days for all vouchers returned due to damage/mutilation or expiration and reimburse to TRANServe at an amount equal to the sum of the face value of the vouchers that are returned.

(ii) If TRANServe determines a discrepancy between the shipping document and the amount received, TRANServe will contact the

Contractor to resolve the discrepancy. The Contractor will immediately issue a credit or replace the missing vouchers.

(iii) Following the receipt of the returned vouchers, the Contractor has three (3) business days to provide written confirmation of the value of the returned vouchers. If TRANServe has not received confirmation from the receiving organization, by default accepts full responsibility for the package and its contents as originally shipped.

(iv) If the Contractor finds the value of the returned vouchers does not match the delivery receipt, the Contractor will notify TRANServe who may at its discretion, request the Contractor ship the entire package back for confirmation.

(v) The Contractor must have the capability to monitor transaction history and identify trends, patterns, and other indications of potential fraud, waste, or abuse.

(vi) The Contractor's reporting system must have the capabilities necessary to provide routine and ad hoc reporting.

(vii) The Contractor will report indications of potential fraud, waste, or abuse immediately to TRANServe for investigation and action.

(viii) The Contractor must be able to track and stop payment on specific vouchers when waste, fraud or abuse is suspected.

(ix) The Contractor must be com pliant with the IRS Code of Federal

Regulations Section 132(f)} Qualified Transportation Fringe.

(x) The Contractor must provide ongoing support to the TRANServe program with services to include but not be limited to; a Help Desk, a Customer

Service Center, and a Toll-free Telephone Number.

(xi) As part of the proposal the Contractor will provide a complete list of transit authorities that currently accept their voucher. If awarded, this list will be updated and provided to the COTR quarterly.

2.5 SHIPPING AND RECEIVING

The contractor shall be able to ship vouchers within 24 hours and no later than 5 days after order placement.

• Vouchers must be shipped via an express carrier such as UPS, Federal Express, etc.

The reason for the Vouchers to be shipped via an express carrier such as UPS, or Federal

Express is the priority shipments and regular mail via the United States Postal Service

(USPS) are oftentimes delayed due to the security screening process of irradiation at a remote site prior to delivery to the federal buildings. This process also degrades the product and may render it unusable.

2.6 ORDERING

A Delivery Order is considered "issued" when DOT alerts the Contractor verbally, by email or facsimile (Faxed), or by any other electronic means.

Delivery Schedules and timelines will be developed and mutually agreed upon as requirements are defined with the Contracting Officer’s Representative (COR), and as required in the subsequent Delivery Orders.

1. Individual Delivery Orders shall clearly describe all services to be performed or supplies to be delivered, and where they should be delivered to.

2. Orders may be placed by using any medium specified in the Order Clause.

3. The date of the order.

4. The Contract Number and Delivery Order Number.

5. Delivery Schedule.

6. Place of delivery.

7. Any packaging, packing, and shipping instructions.

8. Accounting and appropriation data.

9. Method of payment and payment office, if not specified in the contract.

10. The Contractor shall ship fare media vouchers within 24 hours and no later than days after receipt of order placement

2.7 RECEIPT VERIFICATION

DOT will designate a representative at each delivery site who is authorized to receive the items delivered. The Contractor shall obtain the representative's signature on the Packing

Slip for verification of DOT's receipt of goods. The Contractor must mail a copy of the signed packing slip with the invoice(s) to the address indicated.

• Fare media will be counted a minimum of two times by Ops Center staff in order to verify the accuracy of the count. Each count will be independent of the other.

• The Operations Center will provide a completed TOC-01 form along with the original packing lip or invoice to the Budget and Finance

Office (B&FO) within TRANServe.

• The B&FO will review the documents and information provided by the

Operations Center and will verify the information against the original order. If the counts do not match or if there are other problems, the B&FO will contact the vendor or the shipping agent and will resolve the issues.

If a problem is identified with an order the Operations Center manager will set the boxed order in a designated place to ensure it does not enter the physical inventory until corrected.

2.8 PRODUCT MODIFICATION/NEW EDITION

In the event that a new edition is issued or other changes are made to products covered under this contract, the Contractor will promptly inform DOT of each change and shall offer the latest edition to the federal Government at no increase in price.

2.9 RETURN OF MEDIA

The contractor shall refund within thirty (30) days to TRANServe, amounts equal to the return of unused and unexpired vouchers during the contract and reimburse to TRANServe at an amount equal to the sum of the face value of the returned vouchers.

2.10 REPORTING CAPABILITIES

2.10.1 The contractor's reporting system shall have the

Capabilities necessary to provide routine and ad hoc reporting to validate sequential voucher numbering.

2.10.2 The contractor shall have the capability to monitor

transaction history and identify trends, patterns, and other indications of potential fraud, waste, or abuse.

2.10.3 The contractor shall report indications of potential fraud, waste, or abuse immediately to TRANServe for investigation and action.

2.10.4 The contractor shall be able to track and stop payment on specific

2.10.5 The contractor shall be compliant with the IRS Code of Federal

Regulations (CFR) Section 132(f)) Qualified Transportation

Fringe.

2.11 FARE MEDIA PAPER VOUCHER WARRANTY

The contractor warrants and implies that transit benefit fare media paper vouchers, delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

The contractor also warrants that the value of purchased fare media paper vouchers remain merchantable until the Government redeems vouchers at designated state and local municipality transit benefit authorities for all designated locations in the United States of America. The maximum period of time required for the contractor to warrant fare media paper vouchers shall not exceed sixty (60) days after expiration of the contract period of performance, including all option years.

The Contractor warrants that the materials supplied under this contract are free of all defects whatsoever and agrees, for a period of one (1) year from date of acceptance of material by DOT, to replace and/or make adjustments necessary due to defects in a prompt manner, without any cost to the satisfaction of the District and Government.

3. PACKAGING AND MARKING

3.1 PRESERVATION, PACKAGING AND MARKING

The packaging and marking requirements for the resultant contract shall be as follows:

• Vouchers must be shipped via an express carrier such as UPS, or Federal Express is the priority shipments and regular mail via the United States Postal Services (USPS) are oftentimes delayed due to security screening process of irradiation at a remote site prior to delivery to the federal building. This process degrades the product and may render it unusable.

3.2 INITIAL PACKING, MARKING, AND STORAGE OF EQUIPMENT

All initial packing, marking and storage incidental to shipping of equipment to be provided under this contract shall be made Freight on Board Destination (FOB

Destination) at the contractor’s expense. Such packing, supervision marking and storage costs shall not be billed to the Government. Supervision of packing and unpacking of initially acquired equipment shall be furnished by the contractor.

3.3 MARKING

Packages shall be clearly marked as follows:

a. Name of Contractor;

b. Contract Number;

c. Description of Items Contained Therein;

d. Consignee’s Name and Address; and

e. If applicable, packages containing software or other magnetic media shall be marked on external containers with a notice substantially as follows:

“CAUTION: SOFTWARE/MAGNETIC MEDIA ENCLOSED. DO NOT

EXPOSE TO HEAT OR MAGNETIC FIELDS.”

4. INSPECTION AND ACCEPTANCE

4.1 INSPECTION AND ACCEPTANCE

On an ongoing basis, Government personnel will conduct inspections of the contractor’s work, primarily utilizing random samplings of services rendered under this contract and for recommending acceptance or replacement/correction of services or materials that fail to meet the contract requirements to the Contracting Officer.

Government inspection and acceptance of services, reports and other required deliverables or outputs shall take place at the Government’s site, located in Washington, DC Headquarters or at any other location where the services are performed and reports and deliverables or outputs are produced or submitted.

4.2 INSPECTION AND ACCEPTANCE FARE MEDIA PAPER VOUCHERS

The contractor warrants that the materials supplied under this contract are free of all defects whatsoever and agrees, for a period of one (1) year from date of acceptance of material by

DOT, to replace and/or make adjustments necessary due to defects in a prompt manner, without any cost to, and to the satisfaction of the District.

Materials supplied under this contract have the potential to be distributed to the Department of

Transportation headquarters and/or directly to the customer location. The contractor shall comply with the following terms below:

4.2.1 The contractor shall, within five (5) business days of notification of goods provide DOT with disposition instruction for return of such goods. The

Contractor's failure to react and respond to DOT guidelines shall result in the return/rejection of materials to the contractor at the contractor's risk and expense.

4.2.2 The contractor shall refund to TRANServe within thirty (30) days for all vouchers returned due to damage, mutilation or expiration and reimburse to

TRANServe at an amount equal to the sum of the face value of the vouchers that are returned.

4.2.3 The contractor shall immediately issue a credit or replace the missing vouchers, if TRANServe determines a discrepancy between the shipping document and the amount received. TRANServe shall contact the contractor to resolve the discrepancy.

4.2.4 The Contractor has three (3) business days to provide written confirmation of the value of the returned vouchers following the receipt of the returned vouchers, if TRANServe has not received confirmation from the receiving organization. The contractor, by default accepts full responsibility for the package and its contents as originally shipped.

4.2.5 The contractor shall notify TRANServe if the value of the returned vouchers does not match the delivery receipt at which time Transerve may, at its discretion, request the contractor to ship the entire package back for confirmation

5. DELIVERIES OR PERFORMANCE

5.1 PERIOD OF PERFORMANCE

One (1) Year base Period with four (4) One (1) Year Option Periods, if exercised

Base period June 2, 2019 through June 1, 2020

Option Year 1 June 2, 2020 through June 1, 2021

Option Year 2 June 2, 2021 through June 1, 2022

Option Year 3 June 2, 2022 through June 1, 2023

Option Year 4 June 2, 2023 through June 1, 2024

5.1.1 This contract is renewable in four (4) one (1) year increments at the unilateral option of the Government. An option shall be exercised by issuance of a unilateral modification for the subsequent option requirement, as set forth in Sections B and

F of the resultant contract.

5.1.2 The Government has the right to unilaterally exercise the options specified in

Sections B and at the prices established in Section B.

5.2 PLACE OF PERFORMANCE

The contractor shall perform work by delivering fare media paper vouchers to the Department of

Transportation, Headquarters located at 1200 New Jersey Avenue, S.E., Washington, D.C. 20590.

6. CONTRACT ADMINISTRATION

6.1 CONTRACT ADMINISTRATION

6.1.1 CONTRACTING OFFICER

The CO is the only individual who can legally commit or obligate the Government for the expenditure of public funds. Only the contracting officer has authority to: (1) increase or decrease the award amount; (2) direct or negotiate any changes; (3) modify or extend the period of performance; (4) change the schedule of completion; (5) authorize payment under this contract; and (6) otherwise modify any terms or conditions of this contract.

CONTRACTING OFFICER

Ms. Robin D. Gates

202-366-XXXX

202-366-XXXX Fax

Robin.Gates@dot.gov

CONTRACT SPECIALIST (CTR)

Ajmal Khan

202-366-XXXX

Ajmal.Khan.CTR@dot.gov

6.1.2 CONTRACTING OFFICER'S REPRESENTATIVE (COR)

The COR will have the responsibility of ensuring the work conforms to the requirements of the contract, and, other responsibilities and authorities as may be specified in this contract. It is understood and agreed, in particular, that the COR does not have the authority to make changes in the scope or Terms and Conditions of the contract unless such authority is specified in writing by the Contracting Officer

(CO).

The Contractor is hereby forewarned that absence of the requisite authority of the COR to make any changes, the Contractor may be held fully responsible for any changes not authorized in advance, in writing, by the CO. The Contractor may also be denied compensation or other relief for any additional work performed that is not authorized, and may also be required, at no additional cost to the Government, to take mailto:Robin.Gates@dot.gov all corrective action necessitated by reason of the unauthorized changes.

The following individual is:

TBD Telephone: TBD

Contracting Officer Representative Email: TBD

Department of Transportation

1200 New Jersey Avenue, SE

Washington DC 20590

6.1.3 CONTRACTOR PERSONNEL

The Contractor will designate and/or identify "key" personnel in the execution of this solicitation.

Name Address:

City, State, Zip Telephone

Number:

Fax Number:

The Contractor shall make a reasonable, good faith effort to ensure that the personnel originally proposed as members of its contract staff will be available for the duration of the contract.

If for any reason, a person designated as "key" must be replaced, the parties will agree upon a mutually acceptable "replacement transition period" which will be at least ten

(10) working days in duration, prior to the replacement.

6.2 CONTRACT CHANGES

The Government reserves the right to modify resource requirements as work, funding and changing conditions require. Proposed changes in support and applicable funding may occur at the discretion of the Government. Failure of the parties to reach a mutual agreement may be resolved pursuant to the Disputes clause of this contract or by unilateral withdrawal of the specified work by the Government and applicable funding reductions.

6.3 PAYMENTS/SUBMISSION OF VOUCHERS/INVOICES

The Contractor shall submit proper invoices upon delivery of goods and/or services to DOT. In voices, shall be paid in accordance with the Prompt Payment Act (31 U.S.C.

3903) and the Office of Management and Budget (OMB) Circular A-1 25, Prompt Payment (excluding legal holidays upon receipt of and acceptance by, receipt of a proper invoice (a "proper invoice" means an invoice which contains or is accompanied by substantiating documentation required by regulation or contract) and substantiating documentation.

Within fifteen (15) days after the date on which any invoice is received, DOT will notify the Contractor in writing of any deficiencies/or discrepancies in the invoice or delivered good, property or services or any impropriety of any kind which would prevent the running time specified in this contract. Prior to submission of the invoice, the Contractor will certify each invoice for accuracy and correctness.

6.3.1 A certified invoice must contain the following information:

l. Contract number/Purchase Requisition Number

2. Delivery Order Number

3. Name, address, and telephone Number of the Contractor

4. Invoice Date

5. Period when the services were provided ("Billing Period"),

6. Description, quantity, unit of measure, Unit of Price, and extended price of the items delivered

7. Shipping number and date of shipments hall contain the following information

(1) the contract number/the Purchase Requisition Number, the Delivery Order number, (2) the name, address, and telephone number of the Contractor, (3) the period during which the services were provided ("Billing Period"), (4) the fixed price amount of the good/services during the billing period, (5) the signature of an authorized official of the Contractor, and (6) the signature of the

COTR verifying that the services have been provided as set forth on the invoice and in accordance with this agreement.

Invoices shall be submitted to the following address:

Original: Mike Moroney Aeronautical Center

DOTIFANOST WCF Account

Accounts Payable Branch WCF Account, c/o AMZ-1 60

P.O. Box 257309

Oklahoma City, OK 731 25 - 0730

Duplicate: The COR

Inquiries relative to pay men t(s) should be directed to the Office of the Chief Financial Officer's

(CFO) Accounts Payable Unit. The Contractor shall submit final invoices no later than sixty (60) days after expiration of the contract.

The Contractor shall reference the Contract Number, the Purchase Requisition Number, and the corresponding Delivery Order Number when submitting invoices for payment.

6.3.2 Deliverable/Delivery Schedule

At any time or times before the final payment and three (3) years thereafter, the Contracting

Officer shall have the right to examine any directly pertinent books, documents, papers and records of the Contractor involving transactions related to the contract in accordance with the

Standard Contract Provisions referenced herein. Any payment may be reduced by amounts found by the Contracting Officer not to constitute a allowable cost as adjusted for prior overpayment or underpayment. In the event that all payments have been made to the Contractor by the federal

Government and an overpayment is found, the Contractor shall reimburse the Department of

Transportation (DOT) for any said overpayment within thirty (30) days after written notification.

6.3.3 The Contractor shall establish and maintain books, records, and documents (including electronic storage media) in accordance with the generally accepted accounting principles and practices, which sufficiently and properly reflect all re venues of funds, provided by the (DOT) under the resultant contract.

6.3.4 The Contractor shall retain all records, financial records, supporting documents, statistical records, and any other documents (including electronic storage media) pertinent to the contract for a period of three (3) years after termination of the contract, or if an audit has been initiated and audit findings have not been resolved at the end of three (3) years, the records shall be retained until resolution of the audit findings or any Litigation which may be based on the terms of the contract.

6.3.5 The Contractor shall ensure that these records shall be subject at all reasonable times to inspection, review, or audit by the Federal, or any other personnel duly authorized by the

Contracting Officer.

6.1.5 The Contractor shall include these aforementioned audit and record keeping requirements in all approved subcontracts and assignments.

6.4 METHOD OF PAYMENT BY ELECTRONIC FUNDS TRANSFER

Payments made under this Contract shall be made via Electronic Funds Transfer (EFT).

To facilitate this method of payment, the Contractor shall register in the Central

Contractor Registration (CCR) database pursuant to FAR Clause 52.204-7 (OCT 2003), Central Contractor Registration. The Contractor shall remain so registered in the CCR database until final payment is submitted and made.

Additionally, the Contractor shall comply with the requirements of solicitation provision

52.232-38, Submission of Electronic Funds Transfer Information with Offer (MAY

1999), found in full text in Section L, and resultant Contract clause 52.232-33, Payment

By Electronic Transfer – Central Contractor Registration, this has been incorporated by reference in Section I, Clauses.

6.5 PAYMENT

6.5.1. Limitation of Funds

Subject to the Limitation of Funds Clause, the Contractor may be reimbursed for allowable costs incurred in a particular project-year of this contract, but only to the extent the contractor’s cumulative aggregate costs billed to the Government for any particular project-year do not exceed the lesser of: (a) this contract’s specified total fixed-price dollar-figure for the project-year in question; or (b) the amount of funding obligated to this contract, for the project-year in question.

6.5.2 Equitable Adjustment in the Case of any Termination by DOT

If this Clearinghouse contract is ever terminated, by DOT, for default or for the convenience of the Government, then DOT will request a Termination Settlement

Proposal from the Contractor. And in the event of any such termination, the dollar amount payable by DOT to the contractor shall be the LEAST (i.e., the LOWEST) of the following amounts: (a) The dollar-amount arrived at, by DOT, in an Equitable

Adjustment after DOT’s review of the Termination Settlement Proposal submitted to

DOT by the contractor; or (b) the costs (and the associated fee) actually, allowably, allocably, and reasonably incurred by the contractor in the performance of this

Clearinghouse contract up to the time of its termination, and not previously reimbursed to the contractor by DOT; or (c) the dollar amount that can be paid to the contractor from the contract’s cumulative obligated funding that is still available and that has not previously been used to make payments to the contractor.

7. SPECIAL CONTRACT REQUIREMENTS

The Contractor shall within five (5) business days of notification of rejected goods, provide DOT with instructions for return of such goods. The Contractor’s failure to react/respond to DOT guidelines will result in the return/refection of material to the Contractor at the Contractor’s risk expense.

7.1 SECTION 508 COMPLIANCE

The Government is required to comply with Section 508 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794 (d)). Section 508 requires that the

Government only acquire electronic and information technology goods and services that provide for access by people with disabilities.

The Contractor shall meet minimum agency requirements for 508 compliance, when applicable. For example:

7.1.1 Section 508 of the Rehabilitation Act requires that any documentation such as user manuals or other instructions provided as part of this contract shall comply with the requirements of Section 508 at the time the documents are delivered. An accessible electronic (text) version for paper-based documentation shall be provided upon request at no charge.

Additionally, any system or software provided as part of this contract for government use shall comply with the requirements of Section 508 at the time the system or software are delivered or used. This requirement does not apply to systems, software, or other electronic and information technology that is incidental to the contract.

Further information on the regulation and technical requirements for compliance with Section 508 may be found at www.access-board.gov and www.section508.gov.

7.2 REQUIREMENTS FOR SECURITY

(a) The federal Government shall ensure that Contractors obtain adequate security for bonds (including co-insurance and re-insurance agreements) required or used with a contract for supplies or services (including construction).

Acceptable forms of security include:

(1) Corporate or individual sureties; or

(2) Any of the types of security authorized in lieu of sureties in FAR 28.204.

(b). this requirement shall not preclude contractors from using the types of surety or other security permitted by this subpart, unless prohibited by law or regulation.

8. CONTRACT CLAUSES

8.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This 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: https://www.acquisition.gov/far/.

52.202-1 Definitions Nov 2013

52.203-5 Covenant Against Contingent Fees May 2014

52.203-6 Restrictions on Subcontractor Sales to the Government

Alternate I Sept 2006

52.203-7 Anti-Kickback Procedures May 2014

52.203-17 Contractor Employee Whistleblower Rights and Requirement to

Inform Employees of Whistleblower Apr 2014

52.204-4 Printed or Copied double-sided on Postconsumer Fiber

Content Paper May 2011

52.212-4 Contract Terms and Conditions – Commercial Items

May 2015

52.216-24 Limitation of Government Liability Apr 1984

52.216-25 Contract Definitization Oct 2010

52.222-17 Nondisplacement of Qualified Workers May 2014 http://www.section508.gov/

52.222-50 Combating Trafficking in Persons Jan 2019

52.223-18 Encouraging Contractor Policies to Ban Text Messaging While

Driving Aug 2011

52.225-13 Restrictions on Certain Foreign Purchases Jun 2008

52.232-1 Payments Apr 1984

52.232-18 Availability of Funds Apr 1984

52.232-33 Payment by Electronic Funds Transfer— System for Award

Management Jul 2013

52.232-39 Unenforceability of Unauthorized Obligations Jun 2013

52.232-40 Providing Accelerated Payments to Small Business (Dec 2013)

52.233-1 Disputes May 2014

52.243-1 Changes- Fixed Price Aug 1987

52.244-6 Subcontracts for Commercial Items Apr 2015

Please note:

*All Offerors and prospective contractors must be registered in the System for Award

Management (SAM) with their Online Representations and Certifications Applications

(ORCA) at https://www.sam.gov/ or must provide a completed copy of 52.212-3 with their quotation.

8.2 FAR CLAUSES IN FULL TEXT

FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (JAN 2019)

(a) The Contractor shall comply with the following Federal Acquisition Regulation

(FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or

Statements (Jan 2017) (section

743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations

Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services

Developed or Provided by Kaspersky

Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov

2015).

(4) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(5) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws

108-77 and 108-78

(19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the

Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or

Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

_X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995)

(41 U.S.C. 4704 and 10 U.S.C. 2402).

_X_ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41

U.S.C. 3509)).

_X_ (3) 52.203-15, Whistleblower Protections under the American Recovery and

Reinvestment Act of 2009 (June 2010)

(Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

__ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards

(Oct 2018) (Pub. L. 109-282)

(31 U.S.C. 6101 note).

__ (5) [Reserved].

__ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-

117, section 743 of Div. C).

__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery

Contracts (Oct 2016) (Pub. L.

111-117, section 743 of Div. C).

__ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with

Contractors Debarred, Suspended, or

Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note).

__ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility

Matters (Oct 2018) (41 U.S.C. 2313).

__ (10) [Reserved].

__ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011)

(15 U.S.C.657a).

__ (ii) Alternate I (Nov 2011) of 52.219-3.

__ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small

Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (ii) Alternate I (Jan 2011) of 52.219-4.

__ (13) [Reserved]

__ (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15

U.S.C.644).

__ (ii) Alternate I (Nov 2011).

__ (iii) Alternate II (Nov 2011).

__ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C.

644).

__ (ii) Alternate I (Oct 1995) of 52.219-7.

__ (iii) Alternate II (Mar 2004) of 52.219-7.

__ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C.

637(d)(2) and (3)).

__ (17) (i) 52.219-9, Small Business Subcontracting Plan (Aug 2018) (15 U.S.C.

637(d)(4))

__ (ii) Alternate I (Jan 2017) of 52.219-9.

__ (iii) Alternate II (Nov 2016) of 52.219-9.

__ (iv) Alternate III (Nov 2016) of 52.219-9.

__ (v) Alternate IV (Aug 2018) of 52.219-9

__ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

__ (19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C.637(a)(14)).

__ (20) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C.

637(d)(4)(F)(i)).

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-

Aside (Nov 2011) (15 U.S.C. 657f).

__ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15

U.S.C. 632(a)(2)).

__ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically

Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C.

637(m)).

__ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned

Small Business Concerns Eligible Under the Women-Owned Small Business Program

(Dec 2015) (15 U.S.C. 637(m)).

__ (25) 52.222-3, Convict Labor (June 2003) (E.O.11755).

__ (26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2018)

(E.O.13126).

__ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

__ (28) (i) 52.222-26, Equal Opportunity (Sept 2016) (E.O.11246).

__ (ii) Alternate I (Feb 1999) of 52.222-26.

__ (29) (i) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

__ (ii) Alternate I (July 2014) of 52.222-35.

__ (30) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29

U.S.C.793).

__ (ii) Alternate I (July 2014) of 52.222-36.

__ (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

__ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations

Act (Dec 2010) (E.O. 13496).

__ (33) (i) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. chapter

78 and E.O. 13627).

__ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

__ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order

12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

__ (35) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–

Designated Items (May 2008)

(42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential

Hydrofluorocarbons (Jun 2016)

(E.O. 13693).

__ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration

Equipment and Air Conditioners (Jun2016) (E.O. 13693).

__ (38) (i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun

2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Oct 2015) of 52.223-13.

__ (39) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s

13423 and 13514).

__ (ii) Alternate I (Jun 2014) of 52.223-14.

__ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42

U.S.C. 8259b).

__ (41) (i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products

(Oct 2015) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun 2014) of 52.223-16.

__ (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While

Driving (Aug 2011) (E.O. 13513).

__ (43) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

__ (44) 52.223-21, Foams (Jun 2016) (E.O. 13693).

__ (45) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).

__ (ii) Alternate I (Jan 2017) of 52.224-3.

__ (46) 52.225-1, Buy American-Supplies (May 2014) (41 U.S.C. chapter 83).

__ (47) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (May

2014)

(41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L.

103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-

41, 112-42, and 112-43.

__ (ii) Alternate I (May 2014) of 52.225-3.

__ (iii) Alternate II (May 2014) of 52.225-3.

__ (iv) Alternate III (May 2014) of 52.225-3.

__ (48) 52.225-5, Trade Agreements (Aug 2018) (19 U.S.C. 2501, et seq., 19 U.S.C.

3301 note).

__ (49) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the

Department of the Treasury).

__ (50) 52.225-26, Contractors Performing Private Security Functions Outside the

United States (Oct 2016) (Section 862, as amended, of the National Defense

Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

__ (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42

U.S.C. 5150).

__ (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area

(Nov 2007) (42 U.S.C. 5150).

__ (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002)

(41 U.S.C.4505, 10 U.S.C.2307(f)).

__ (54) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41

U.S.C.4505, 10 U.S.C.2307(f)).

__ (55) 52.232-33, Payment by Electronic Funds Transfer-System for Award

Management (Oct 2018) (31 U.S.C. 3332).

__ (56) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award

Management (Jul 2013) (31 U.S.C.3332).

__ (57) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C.3332).

__ (58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (59) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C.

637(d)(12)).

__ (60) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels

(Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

__ (ii) Alternate I (Apr 2003) of 52.247-64.

__ (iii) Alternate II (Feb 2006) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or

Executive orders applicable to acquisitions of commercial items:

__ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495).

__ (2) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

__ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29

U.S.C. 206 and 41 U.S.C. chapter 67).

__ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price

Adjustment (Multiple Year and Option Contracts) (Aug 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price

Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements

(May 2014) (41 U.S.C. chapter 67).

__ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).

__ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

__ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O.

13706).

__ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May

2014) (42 U.S.C. 1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at

52.215-2, Audit and Records-Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the

Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C.

3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or

Statements (Jan 2017)

(section 743 of Division E, Title VII, of the Consolidated and Further Continuing

Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services

Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018)

(Section 1634 of Pub. L. 115-91).

(iv) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C.637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(v) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.

(vi) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(vii) 52.222-26, Equal Opportunity (Sept 2015) (E.O.11246).

(viii) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C.4212).

(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29

U.S.C.793).

(x) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C.4212)

(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act

(Dec 2010) (E.O. 13496).

Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xii) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

(xiii) (A) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. chapter 78 and E.O 13627).

(B) Alternate I (Mar 2015) of 52.222-50(22 U.S.C. chapter 78 and E.O 13627).

(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to

Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements

(May 2014) (41 U.S.C. chapter 67).

(xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to

Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).

(xvi) 52.222-54, Employment Eligibility Verification (Oct 2015) (E.O. 12989).

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O.

13706).

(xix) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

(B) Alternate I (Jan 2017) of 52.224-3.

(xx) 52.225-26, Contractors Performing Private Security Functions Outside the United

States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May

2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial…