RFP Airline Analysis and Scheduling.pdf

RFP# 693JK426R600002

Airline Analysis and Scheduling Solution Application

U.S. Department of Transportation Office of the Secretary of Transportation 1200 New Jersey Ave, SE Washington DC 20590

February 4, 2026

Attn: Potential Offerors

Subject: Request for Proposal – RFP# 693JK426R600002

The U.S. Department of Transportation Office of Aviation Analysis (OAA) is seeking a Contractor to provide Airline Analysis and Scheduling Solution via a web-based application tool in accordance with the attached Statement of Work.

This is a COMBINED SYNOPSIS/SOLICITATION for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice.

This announcement constitutes the only solicitation; proposal is being requested and a written solicitation will not be issued. Interested parties are responsible for monitoring this site to ensure they have the most current information in reference to this acquisition.

This requirement will be awarded as a commercial item under the procedures outlined in FAR Part 12.

The North American Industrial Classification System (NAICS) code for this procurement is 541511, “Custom Computer Programming Services,” with a small business size standard of $34.0 Million.

The DOT anticipates the award of a Firm Fixed Price (FFP) contract from this RFP. The resultant award shall consist of five years: one (1) base period and four (4) one year option periods.

This acquisition is a Full and Open Competition. The basis for award is “Best Value.” The NAICS Code 541511- Custom Computer Programming Services.

DOT invites your company to submit a proposal in accordance with your established rates for the above support Services.

Please submit questions by Tuesday, February 10, 2026, at noon EST. Proposal submissions are due no later than Thursday, March 27, 2026, at 10 AM EST via email to Melinda.Riddick@dot.gov with a cc copy to Robin.Golden@dot.gov. Please submit questions and proposals to the aforementioned email addresses.

NOTE: ***Offeror must provide a demonstration of the solution made available to DOT personnel prior to submitting a proposal. Offerors must schedule a demonstration by 12pm EST on or before March 2, 2026, Offerors must send an email to the above email addresses with available times between 10am and 2:30pm EST M-F for an online presentation via M.S. Teams or Zoom***

Please reference: “RFP: 693JK426R600002 (Airline Analysis and Scheduling Solution Application) in the subject line when responding to this solicitation.

Thank you in advance for your interest in the Department of Transportation and its Programs.

Sincerely, Melinda Riddick Contracting Officer Office of the Senior Procurement Executive mailto:Melinda.Riddick@dot.gov mailto:Robin.Golden@dot.gov.

1. CONTRACT PRICING

(Table with negotiated per year prices will be inserted upon award)

The Period of Performance (POP) for this contract service shall be 12-months from award date, for the Base Year, followed by four (4) one-year Option Years. The effective or start date and termination date for this contract’s Period of Performance shall be specified in the contract award.

Base Year:

Description of Services Qty Unit Price

Number of Hours

Extended Price

1 Task 1 – Software and Application

2 Task 2- Provider Travel-Training-only if needed

BASE

YEAR

Base Total Cost

Price

Number of Hours

Option Year 1

Option Year 1 Total Cost

Number of Hours

Year 2

Option Year 2 Total Cost

Number of Hours

Year 3

Option Year 3 Total Cost

Number of Hours

Year 4

Option Year 4 Total Cost

TOTAL FIRM FIXED PRICE $

Period of Performance Contract Total Base Year $0.00 Option Year One (1) $0.00 Option Year Two (2) $0.00 Option Year Three (3) $0.00 Option Year Four (4) $0.00 Grand Total $0.00

Note: Note: Offerors shall not include the overtime (OT) price in the total price. The overtime Price and

Hours are subject to COR approval.

2. STATEMENT OF WORK

2.1 INTRODUCTION

The U.S. Department of Transportation Office of Aviation Analysis (OAA) has a statutory responsibility to analyze, using global airline schedule, air fare, and market demand data, the economic impact of current and proposed domestic and international aviation policies, the review of economic transactions among airlines, and to support DOT route selection proceedings. In order to properly analyze these impacts, OAA must have access to global (international) aviation market demand data for individual city-pairs, as well as continuously updated advanced schedule data. The demand data must include price and traffic flow information in order to establish potential harms and benefits that could result from the approval or disapproval of a policy or transaction. Access to these large data sets must be provided by a robust user interface (UI) with a variety of functions for up to 10 analysts.

2.2 SCOPE

The Department seeks a data solution that will complement information available in the DOT-produced DB1B, and OAG Schedule sets. While these datasets provide some of the information the Department needs, they do not include full information on airfare, demand, and schedule and capacity, including fleet information by aircraft and flight. DOT-collected sources only provide fare and demand data for domestic and a limited set of U.S.-international itineraries. These sources do not offer comprehensive U.S.– international or international–international market data for all airlines—information that is critical for the OAA to conduct complete, statutorily required and ad-hoc analyses of critical aviation markets. These analyses support a range of functions, including managing traffic restrictions during pandemics and wars, conducting strategic assessments for bilateral and multilateral air service agreements, and evaluating airline alliances and merger proposals. Commercially available products provide essential complementary data to fill the critical gaps in the data collected by the DOT.

Uses: OAA staff will use the data from this tool for the following statutorily required and mission critical activities:

1) Evaluating airline transactions, such as applications for Antitrust Immunity (ATI) between U.S. and foreign carriers. Per 49 U.S.C 41309, staff must analyze the extent to which providing ATI to a joint venture between a U.S. airline and its foreign partner is anticompetitive. The tool will enable users to access both pre- and custom-designed business intelligence reports accessing all the data defined below, thereby enabling analysts to determine market competitiveness. Analysts utilize the following inputs to evaluate the competitive implications of allowing a U.S. airline and its foreign partner to achieve merger-like synergies in the relevant U.S. to foreign market:

a. Market sizes for U.S. domestic, U.S.-foreign, and foreign-foreign markets at country, regional, as well as city/airport pair levels.

b. Fares, by service class, for U.S. domestic, U.S.- foreign, and foreign- foreign markets at country, regional, as well as city/airport pair levels in which fares for all markets are similarly obtained and can be compared with each other for competitive analysis.

c. Traffic shares by airline: Evaluate market share (how much each traffic each airline in a given market carries as a percentage of the total) at regional, country pair, and city/ airport pair levels buy airline.

d. Capacity/Seats (aircraft type) operated in each individual market, i.e. the number of seats on aircraft on a market-by-market basis by Service Class.

e. Capacity and demand by Onboard Service Class offered.

f. Advance bookings information, allowing analysts to understand how demand is taking shape across domestic and global markets. Forward looking data through advanced booking information provides insights to assess the credibility of ATI and route selection applications.

Such applications are often supported by market projections based on leading market indicators. Advance booking information will also provide the Office of the Secretary the most current pulse of the economic health of the aviation industry.

g. Fair Share/ QSI information, allowing analysts to understand how much share airlines should naturally earn based on schedule and capacity in all markets.

2) Merger Evaluations: OAA supports the DOJ-led merger analysis by identifying the effects of carrier consolidation on country-level, regional-level, and city and airport-level markets both domestically and internationally.

3) Carrier selection decisions: OAA supports Department efforts to award new slot pairs at slot constrained airports, as well as international route selection proceedings in markets where route authorities are limited.

Analysts use market share information, schedule information, and fare information in the tool and provide decision makers with recommended selection options in line with the accompanying selection criteria.

4) Ad-hoc analyses of aviation industry trends: Analysts regularly provide decision makers up to the Secretary with as-needed industry analysis. The tool will provide comprehensive data necessary for these analyses that eclipses the types of market data available only through Department resources.

3. DESCRIPTION/TECHNICAL APPROACH

Data requirements for the elements and purposes outlined above:

1. Global origination and destination (OD) data, fare data, service class information, fair share/QSI data, and local and flow data by route and carrier.

2. Global schedule data by airline: historical, current, and future schedule information for global carriers that includes flight level granularity: flight number, arrival and departure times, aircraft type, number of seats on aircraft on a market-by-market basis.

3. Current and historical fleet information per airline (i.e., a fleet database), with capacity and cabin configuration; also includes seat capacity and cabin class by aircraft and flight.

4. Advanced booking data by market and airline. The advanced booking data should be derived from airline industry sources, such as airlines, global distribution systems (GDS), or screen scraping providers.

5. Data should be available going back to at least 2005, if not further, and include attribute data for airports and air carriers.

Data updates are also provided as a component of the annual contract. These data updates include:

• OAG, Innovata or comparable schedule product updates, minimum of weekly.

• Regular updates, as frequently as possible but prefer monthly, to the demand and fare file which includes the following elements/attributes: updated traffic, fare, load factor, booking, and on-time performance data.

User Requirements and support requirements: Solution must support a minimum of 10 users and provide a functionally robust user interface (UI) that will enable analysts to create output by, at minimum non-directional or directional, marketing carrier, operating carrier, or both, and aggregations by month, year, or quarter. Users should be able to make custom reports in addition to having access to pre-defined reports for easy and efficient access to information.

Access to the tool, the ability to run it and query the hosted data should be on a 24/7 basis.

Also to be included with the requirement is Customer Support Services, which shall include an online customer support website and/or telephone number.

User Training: The requirement shall include three days of new user or refresher training for up to 10 users, or three days of advanced user training for up to three users, each year as needed. Training shall take place in DOT’s offices in Washington, DC, or if such training can successfully be accomplished virtually, by means of Zoom or Microsoft Teams. Scheduling of the training covered under this section requires a minimum of a 90-day notice and training dates must be mutually agreed upon.

This proposal is valid for 90 days from the date it is delivered to the US Department of Transportation.

A demonstration of the solution shall be made available by Offerors to DOT personnel and shall constitute a decisional criterial for selection of the contract award by the selection team.

4. DELIVERABLES AND PERIOD OF PERFORMANCE (POP)

Project Deliverables

Table 4-1. Deliverables and Target Dates for Funding under this Agreement

Task Deliverable/Milestone/Activity Target Completion Date

1 Software application and maintenance April 30, 2026 2 Provider travel training-only if needed April 30, 2026

Observance of Legal Holidays and Excused Absence

a. The Government hereby provides notice, and Contractor hereby acknowledges receipt that Government personnel observe the listed days as holidays:

Date Holiday

January 1 New Year's Day Third Monday in January Birthday of Martin Luther King, Jr.

Third Monday in February Washington's Birthday Last Monday in May Memorial Day June 19 Juneteenth July 4 Independence Day First Monday in September Labor Day Second Monday in October Columbus Day November 11 Veterans Day Fourth Thursday in November Thanksgiving Day December 25 Christmas Day January 20 every four years Inauguration Day

b. In addition to the days designated as holidays, the Government observes the following days:

Any other day designated by Federal Statute Any other day designated by Executive Order Any other day designated by the President's Proclamation

6. RESOURCE PLAN

The Contractor’s resource plan for the total cost estimate of $_____________, as provided in Section 1.0, is shown in Table 6-1. The initial funding provided for this work is $___________, and the remaining funding is anticipated to be provided through modifications.

Table 6-1, Contractor Resource Plan Resource Category Initial Funding Anticipated Future Funding Total Estimated Cost Direct Labor Contracts Travel Other

Total:

7. AMENDMENTS

Adjustments or modifications to this SOW must be made by mutual consent of the parties, by the issuance of a written modification, signed and dated by all parties prior to any changes being performed or the end of the period of performance.

8. PERIOD OF PERFORMANCE

The Period of Performance (POP) for this contract service shall be 12-months from award date, for the Base Year, followed by four (4) one-year Option Years. The effective or start date and termination date for this contract’s Period of Performance shall be specified in the contract award.

Approximate Dates:

Base Period: May 1, 2026, through April 30, 2027 Option Period One: May 1, 2027, through April 30, 2028 Option Period Two: May 1, 2028, through April 30, 2029 Option Period Three: May 1, 2029, through April 30, 2030 Option Period Four: May 1, 2030, through April 30, 2031

9. PLACE OF PERFORMANCE

Performance of on-site duties will take place in DOT Headquarters, 1200 New Jersey Avenue S.E.

Washington D.C., unless otherwise directed.

10. INSPECTION AND ACCEPTANCE

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

The 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 shall make their full text available. Also, the full text of a clause may be accessed electronically at this address:

www.acquisition.gov/far

FAR 52.246-4 Inspection of Services Fixed Price (AUG 1996)

The Contracting Officer (CO), or his duly authorized representative, is authorized to perform inspection on behalf of the Government for acceptance of all services to be provided. In this regard, the Government Contracting Officer’s Representative (COR) is an authorized technical representative of the Contracting Officer. Final acceptance of all services under this contract shall be made in writing by the COR designated in writing by the Contracting Officer.

The COR listed herein has been delegated authority to inspect and accept all services, reports and required deliverables or outputs for the contract.

On an ongoing basis, Government personnel shall conduct inspections of the Contractor’s work, primarily utilizing the method identified under this contract.

Government inspection and acceptance of services, reports and other required deliverables or outputs shall take place at the Government’s site identified in the Contract.

11. 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 (CO) shall make their full text available.

Also, the full text of a contract provision may be accessed electronically at this address:

www.acquisition.gov/far/

Federal Acquisition Regulation (FAR) Clauses:

CLAUSE TITLE DATE

X 52.242-15 Stop Work Order AUG 1989 X 52.242-17 Government Delay of Work APR 1984 X 52.247-35 F.O.B. Destination, Within

Consignee’s Premises

APR 1984

http://www.acquisition.gov/far http://www.acquisition.gov/far/

12. CONFLICT OF INTEREST

If for any reason, OST OAA personnel, or the contractor determines that a potential, perceived or real conflict of interest exists, the contract employee that is the source of the conflict shall cease all work.

13. CONFIDENTIALITY AND PRIVACY

All financial, statistical, personal, technical and other data and information relating to Departmental Office of Human Resource Management operations, and that are designated confidential by said organization (i.e., medical, personal and other information related to requests for reasonable accommodations for individuals with disabilities) and made available to the Contractor in order to carry out this Contract, or that becomes available to the Contractor in carrying out this contract, shall be protected by the Contractor from unauthorized use and disclosure through the observance of the same, or more effective procedural requirements, as are applicable to human resource operations. The Contractor shall not be required to keep confidential, any data or information which is or becomes publicly available, is already rightfully in the Contractor's possession, is independently developed by the Contractor outside the scope of this Contract or is rightfully obtained from third parties. Under certain circumstances, Contractor personnel may be required to sign Nondisclosure Agreements (such as the example shown in Attachment 1) or similar commitments specific to a given program or event.

14. SAFEGUARD OF PERSONALLY IDENTIFIABLE INFORMATION

The contractor must protect the privacy of the individuals whose data is entered into the Federal Personnel Payroll System in accordance with the Privacy Act of 1974 (5 USC 552). It meets the requirements of National Institute of Standards and Technology (NIST) Federal Information Processing Standards Publication (FIPS) 200, Minimum Security Requirements for Federal Information and Information Systems. The contractor must further agree to follow the requirements found in DOT Information Technology and Information Assurance Policy 034, Reporting Cyber Security Incidents and Sensitive Personally Identifiable Information Exposures for the U.S. Department of Transportation.

15. CONTACTS

15.1 CONTRACTING OFFICER (CO)

The Contracting Officer 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 PO; and (6) otherwise modify any terms or conditions of this Order.

The following individual (s) will be the Government's points of contact during the performance of this contract:

Contracting Officer:

TBD

Contact Specialist:

TBD

15.2 CONTRACTING OFFICER REPRESENTATIVE (COR)

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

(a) The Contracting Officer may designate Government personnel to act as the Contracting Officer's Representative (COR) to perform functions under the contract such as review and/or inspection and acceptance of supplies, services, including construction, and other functions of a technical nature. The Contracting Officer will provide a written notice of such designation to the Contractor within five working days after contract award or for construction, not less than five working days prior to giving the contractor the notice to proceed. The designation letter will set forth the authorities and limitations of the COR under the contract.

(b) The Contracting Officer cannot authorize the COR or any other representative to sign documents (i.e., contracts, contract modifications, etc.) that require the signature of the Contracting Officer.

The COR is not authorized to change the scope of work or specifications as stated in this Contract, to make any commitments or otherwise obligate the Government, or to authorize any changes which affect the Contract price, task schedule, period of performance or other terms or conditions.

The Contracting Officer Representative during the performance of this contract is:

Name: TBD

The COR has the responsibility to inspect all deliverables and services and authorization to certify (but not to reject or deny) invoices for payment. The authority to reject an invoice or assess deductions on an invoice is expressly reserved for the Contracting Officer. 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. Any such revision shall be authorized in writing by the Contracting Officer.

16. KEY PERSONNEL

The contractor shall provide and maintain in the spaces below, the names and phone numbers of key personnel that shall perform under the terms of the contract. These personnel shall be reachable by phone twenty-four hours a day. When contractor's first available key personnel selection becomes unavailable to render services, the contract is responsible for providing a back-up with equal or greater knowledge and experience as identified in the contract.

All onsite employees will sign Non-disclosure Agreement (See Attachment 1).

The personnel and/or facilities as specified below 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 course of the contract by adding or deleting personnel, labor categories, and/or facilities, as appropriate.

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.

The Contractor shall not remove, replace, or divert any key personnel and/or facilities without obtaining the prior 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.

16.1. TAR 1252.215-70 KEY PERSONNEL AND/OR FACILITIES (OCT 1994)

The personnel and/or facilities 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 course of the contract by adding or deleting personnel and/or facilities, as appropriate. 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. No diversion 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:

Name Title

TBD TBD

16.2 ACCEPTANCE OF KEY PERSONNEL - SUBSTITUTION/REPLACEMENT

In evaluating the justification and proposed substitution(s) of key personnel throughout the period of performance of this contract, the Contracting Officer reserves the right to make an assessment of the technical and/or professional qualifications of the proposed substituting individual(s). The Contracting Officer further reserves the right to disallow the utilization of the proposed substituting individual(s) for performance of the subject contract, when the technical and/or professional qualifications of the proposed individuals are determined, by the Contracting Officer, (1) not to be substantially equivalent to the technical and/or professional qualifications of the key personnel they are to substitute, or (2) not sufficient to reasonably insure successful performance or otherwise endanger project performance, progressions, or completion.

17. CONTRCTOR STAFF QUALIFICATIONS

The contractor should structure staff in a manner that is the most efficient to ensure quality products and services are delivered and contain expertise in their product. The contractor shall include the qualifications of staff assigned to the offering. This includes years of a minimum of five (5) years' experience gathering, compiling and analyzing data and software, congruent certifications held and minimum Bachelor's Degree.

18. CONFIDENTIALITY AND PRIVACY

All financial, statistical, personal, technical and other data and information relating to Departmental Office of Human Resource Management operations, and that are designated confidential by said organization (i.e., medical, personal and other information related to requests for reasonable accommodations for individuals with disabilities) and made available to the Contractor in order to carry out this Contract, or that becomes available to the Contractor in carrying out this contract, shall be protected by the Contractor from unauthorized use and disclosure through the observance of the same, or more effective procedural requirements, as are applicable to human resource operations. The Contractor shall not be required to keep confidential, any data or information which is or becomes publicly available, is already rightfully in the Contractor's possession, is independently developed by the Contractor outside the scope of this Contract or is rightfully obtained from third parties. Under certain circumstances, Contractor personnel may be required to sign Nondisclosure Agreements (such as the example shown in Attachment 1) or similar commitments specific to a given program or event.

19. SAFEGUARD OF PERSONALLY IDENTIFIABLE INFORMATION

The contractor must protect the privacy of the individuals whose data is entered into the Federal Personnel Payroll System in accordance with the Privacy Act of 1974 (5 USC 552). It meets the requirements of National Institute of Standards and Technology (NIST) Federal Information Processing Standards Publication (FIPS) 200, Minimum Security Requirements for Federal Information and Information Systems. The contractor must further agree to follow the requirements found in DOT Information Technology and Information Assurance Policy 034, Reporting Cyber Security Incidents and Sensitive Personally Identifiable Information Exposures for the U.S. Department of Transportation.

20. TECHNICAL INSTRUCTIONS

The performance of all contract work is subject to the technical instructions given by the DOT Contracting Officer Technical Representative. These instructions will consist of available assumptions, general guidance, supplemental details affecting projects, coordination issues/requirements, and liaison matters involving DOT’s agencies. Cooperation with the DOT personnel are of paramount importance in performing Task Order work.

21. TECHNICAL DIRECTION

The COR is not authorized to make any commitments or changes which constitute work not within the general scope of the resultant contract, or change the expressed terms and conditions incorporated into the contract, or which constitute a basis for increase in the contract amount or extension of the contract performance period. The COR may provide technical direction on contract performance. As used. herein technical direction is direction to the Contractor, which confirms the results of meetings, fills in details, requires pursuit of certain lines of inquiry, or otherwise serves to accomplish the contract SOW.

Technical direction shall be issued in writing by the COR or confirmed by him/her in writing within five

(5) calendar days after verbal issuance.

The Contractor shall express its concurrence that any such technical direction is entirely within the scope of this contract and consistent with this provision by endorsing the written direction of the work so directed.

If the Contractor should, during the course of the contract, interpret any advice or comments from the Contracting Officer's Representative as constituting additions or revisions to the scope of the resultant contract, he/ she shall immediately notify the Contracting Officer so as to obtain official confirmation and refrain from performing any work from such advice or comments until confirmed by the Contracting Officer.

Assure that the Contractor performs the technical requirements of the contract in accordance with the contract terms, conditions, and specifications. Perform or cause to be performed, inspections necessary in connection with a) above and require the Contractor to correct all deficiencies; perform acceptance for the Government.

Maintain all liaison and direct communications with the Contractor's task order manager. Written communications with the Contractor and documents shall be signed as Contracting Officer's Representative with a copy furnished to the Contracting Officer.

Issue written interpretations of technical requirements of Government drawings, designs, and specifications.

Monitor the Contractor's production or performance progress and notify the Contractor in writing of deficiencies observed during surveillance, and direct appropriate action for corrections. Record and report to the Contracting Officer incidents of faulty or nonconforming work, delays or problems.

Obtain necessary security clearance and appropriate identification if access to Government facilities is required. If required, ensure that Government furnished property is available when required.

22. UNAUTHORIZED COMMITMENT

The Government program manager or any other client representative is not authorized to change any of the terms and conditions of the resultant task order. Changes, if any, shall be made by the Contracting Officer only.

23. CONTRACTOR POINT OF CONTACT

The following individual authorized to communicate with the Government on behalf of the Contractor company:

Name:

Title:

Number:

email address

The contractor's representative shall be responsible for all contract administration issues and shall act as the central point of contact with the Government for all such issues. The representative shall have full authority to act for the contractor in all contractual matters. The representative shall be able to fluently read, write, and speak the English language.

24. ELECTRONIC SUBMISSION OF PAYMENT REQUESTS

(a) Definitions. As used in this clause -mailto:Bill@workingknowledge-csp.com

(1) Contract financing payment has the meaning given in FAR 32.001.

(2) Payment request means a bill, voucher, invoice, or request for contract financing payment or invoice payment with associated supporting documentation. The payment request must comply with the requirements identified in FAR 32.905(b), “Content of Invoices,” this clause, and the applicable Payment clause included in this contract.

(3) Electronic form means an automated system transmitting information electronically according to the accepted electronic data transmission methods and formats identified in paragraph (c) of this clause.

Facsimile, email, and scanned documents are not acceptable electronic forms for submission of payment requests.

(4) Invoice payment has the meaning given in FAR 32.001.

(b) ELECTRONIC PAYMENT REQUESTS. Except as provided in paragraph (e) of this clause, the contractor shall submit payment requests in electronic form. Purchases paid with a Governmentwide commercial purchase card are considered to be an electronic transaction for purposes of this rule, and therefore no additional electronic invoice submission is required.

(c) The Department of Transportation utilizes the Delphi eInvoicing web-portal for processing invoices.

For vendors submitting invoices, and certain grantees submitting payment requests, they will be required to submit invoices to OST electronically via the Delphi eInvoicing web-portal which is accessed via https://einvoice.esc.gov, and is authenticated via www.login.gov. All persons accessing the Delphi eInvoicing web-portal will be required to have their own unique user Delphi eInvoicing ID and be credentialed through login.gov. See www.login.gov for instructions.

(d) In order to receive payment and in accordance with the Prompt Payment Act, all invoices submitted as attachments in the Delphi eInvoicing web-portal shall contain the following:

(1) Invoice number and invoice date.

(2) Period of performance covered by invoice.

(3) Contract number and title.

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

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

(6) Total ($) of billing.

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

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

If the contract includes allowances for travel, all invoices which include charges pertaining to travel expenses will catalog a breakdown of reimbursable expenses with the appropriate receipts to substantiate the travel expenses.

(e) PAYMENT SYSTEM REGISTRATION. All persons accessing the Delphi eInvoicing web-portal will be required to have their own unique user Delphi eInvoicing ID and password and be credentialed through login.gov.

(1) ELECTRONIC AUTHENTICATION. See www.login.gov for instructions. Click on the following link for instructions on establishing a login.gov account: https://login.gov/help/.

(2) To create a login.gov account, the user will need a valid email address and a working phone number.

The user will create a password and then login.gov will reply with an email confirming the email address.

(3) Agency POC’s will be responsible for communicating with vendor POC’s to initiate the Delphi eInvoicing account creation process. Vendor POC’s who will require access to the eInvoicing web-portal for invoice submission and payment tracking purposes will be required to provide their full name, valid email address, and current phone number to the agency POC to initiate the Delphi eInvoicing web-portal account. Vendor users and the agency POC will be notified via e-mail when the account is created. The vendor user will be provided detailed instructions for logging into their Delphi eInvoicing account.

The OST POC is:

Omarr Lee Omarr.Lee@dot.gov

(202) 366-0475

If the Vendor has any general questions or issues accessing the iSupplier web-portal, please have them contact the ESC iSupplier helpdesk either at:

1. https://einvoice.esc.gov/

2. Call Delphi helpdesk at 1-866-641-3500, option #4, then option #3

(4) Training on Delphi. To facilitate use of DELPHI, comprehensive user information is available at http://einvoice.esc.gov

(5) ACCOUNT MANAGEMENT. Vendors are responsible to contact the Delphi Help Desk when their firm’s points of contacts will no longer be submitting invoices so they can be removed from the system.

Instructions for contacting the Delphi Help Desk can be found at http://einvoice.esc.gov

OST vendors shall submit invoices to OST electronically via the Delphi eInvoicing web-portal. To initiate this process, you are requested to provide OST with information (company name, contract/task order number/purchase order (PO) number, and up to two Point of Contact (POC) full names and their email addresses) as shown on the table below.

Company Name

Contract #/ Task

Order #

Primary

POC

First

Name

Primary

POC

Last

Name

Primary

POC

email

Secondary POC First

Name

Secondary POC Last

Name Secondary POC email

Email the above information to the following email address: Omarr.Lee@dot.gov mailto:Omarr.Lee@dot.gov mailto:Omarr.Lee@dot.gov

Please note that the POCs you provide are the individuals you authorize to submit invoices to OST on behalf of your company. Your POCs will then receive a welcome letter from Delphi eInvoicing processing center with instructions on creating a Login.gov user account. This account can then be used to access the eInvoicing web-portal at http://einvoice.esc.gov .

The Vendor shall contact their COR when POCs leave their organization or will no longer be submitting invoices, with the full name, title, phone number, e-mail address, and user ID of the POC. The user ID will then be removed. If a user ID becomes inactive/times out due no activity by the POC, the Vendor shall contact their COR with the full name, title, phone number, e-mail address, and user ID of the POC to be reactivated. To prevent being timed out due to no-activity, users should login once within 45 days of their last login.

25. WAIVERS

The Department of Transportation Financial Management officials may, on a case-by-case basis, waive the requirement to register and use the DELPHI eInvoicing System. Waiver request forms can be obtained on the DELPHI eInvoicing website (http://www.dot.gov/cfo/delphi-einvoicing-system.html) or by contacting the COR. All Vendors must explain why they are unable to use or access the Internet to register and enter payment requests.

All waiver requests shall be sent via mail to:

Director of the Office of Financial Management US Department of Transportation, B-30 Office of Financial Management, Room W93-431 1200 New Jersey Avenue SE Washington DC 20590-0001 or electronically to: DOTeInvoicing@dot.gov

The Director of the DOT Office of Financial Management will confirm or deny the request within approximately 30 days.

If a Vendor is granted a Waiver, Requests for Advance or Reimbursement and required supporting documents, shall be sent via regular U.S. Postal Service to the following address:

MMAC

OST/AMZ-160

6500 MacArthur Blvd.

Oklahoma City, OK 73169 Attention: (Accounting Technician) and (Contract Specialist)

Express Delivery Point of Contact: Lead Account Technician, 405-954-8252

All invoices, regardless of submission method, must identify the COR as the primary invoicing point of contact

Authorization of invoice payments shall be made after approval of ROI by COR or designated DOCR official. All invoices must contain the correct contract number and correct extended modification number, if any (a modification number is an extended number added to the contract number when a contract has been amended).

Prepare an individual invoice for each EEO complaint investigated. If an investigation complaint has been consolidated, include all information on one invoice.

Partial Payment: If an EEO complaint assigned for an investigation is terminated through no fault of the Contractor, payment for the investigation will be a prorated amount equal to the percentage of work completed by the Contractor.

A percentage payment guideline has been established to determine the amount of payment due for work completed by the Contractor. The Contractor may bill the agency up to these percentages for work conducted up to the various stages of the investigation. Please note that these are "Not to Exceed (NTE)" amounts and require specific justification for any amount billed. If the EEO complaint is withdrawn or settled by the complainant prior to the completion of the investigation by the Contractor, payment for the investigation will be prorated based on the "Partial Payment Guidelines" specified below.

26. CONTRACT CLAUSES

26.1 FAR 2.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

The contract incorporates the following clauses (as indicated by an “X”) by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make the full text available. Also, the full text of a clause may be accessed electronically at this/these address (es): www.acquisition.gov/far.

Applicable “X”

FAR

Clause

Number

FAR Clause Title (Thru FAC 2023-02)

X 52.202-1 Definitions (JUN 2020) X 52.203-3 Gratuites (APR 1984) X 52.203-5 Covenant Against Contingent Fees (MAY 2014)

X 52.203-6 Restrictions on Subcontractor Sales to the Government (JUN 2020)

X 52.203-7 Anti-Kickback Procedures (JUN 2020)

X 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity (MAY 2014)

X 52.203-12 Limitation on Payments to Influence Certain Federal Transactions (JUN 2020)

X 52.203-13 Contractor Code of Business Ethics and Conduct (NOV 2021) http://www.acquisition.gov/far

FAR

Clause

Number

FAR Clause Title (Thru FAC 2023-02)

X 52.203-14 Display of Hotline Posters (NOV 2021)

X 52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights (JUN 2023)

X 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper

(MAY 2011)

X 52.204-9 Personal Identity Verification of Contractor Personnel (JAN 2011) X 52.204-13 System for Award Management Maintenance (OCT 2018)

X 52.204-19 Incorporation by Reference of Representations and Certifications (DEC 2014)

X 52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities

(DEC 2023)

X 52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (NOV 2021)

X 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018)

X 52.212-4 Contract Terms and Conditions-Commercial Items (NOV 2023)

X 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Products and Commercial Services (Oct 2025)

X 52.215-2 Audit and Records—Negotiation (JUN 2020) X 52.215-8 Order of Precedence – Uniform Contract Format (OCT 1997) X 52.215-19 Notification of Ownership Changes (OCT 1997) X 52.215-23 Limitations on Pass through charges (JUN 2020) X 52.219-8 Utilization of Small Business Concerns (FEB 2024) X 52.222-2 Payment for Overtime Premiums (JUL 1990) X 52.222-3 Convict Labor (JUN 2003)

X 52.222-21 Prohibition of Segregated Facilities (APR 2015)

X 52.222-26 Equal Opportunity (SEP 2016)

X 52.222-40 Notification of Employee Rights Under the National Labor Relations Act (DEC 2010)

X 52.222-41 Service Contract Labor Standards (AUG 2018)

X 52.222-50 Combating Trafficking in Persons (NOV 2021) X 52.222-54 Employment Eligibility Verification (MAY 2022)

FAR

Clause

Number

FAR Clause Title (Thru FAC 2023-02)

X 52.223-6 Drug-Free Workplace (MAY 2001) X 52.223-13 Patent Rights-Ownership by the Government (JUN 2014)

X 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving

(JUN 2020)

X 52.225-13 Restrictions on Certain Foreign Purchases (FEB 2021)

X 52.232-7 Payments Under Time-and-Materials and Labor-Hour Contracts (NOV 2021)

X 52.232-9 Limitation on Withholding Payments (APR 1984) X 52.232-17 Interest (MAY 2014) X 52.232-18 Limitations of Funds (APR 1984) X 52.232-23 Assignment of Claims (MAY 2014) X 52.232-25 Prompt Payment (JAN 2017)

X 52.232-33 Payment by Electronic Funds Transfer - System for Award Management (OCT 2018)

X 52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013)

X 52.232-40 Providing Accelerated Payments to Small Business (MAR 2023)

X 52.233-1 Disputes (May 2014) X Alternate I (DEC 1991)

X 52.233-3 Protest After Award (AUG 1996) X Alternate I (JUN 1985)

X 52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004) X 52.237-3 Continuity of Services (JAN 1991) X 52.242-3 Penalties for Unallowable Costs (DEC 2022) X 52.243-1 Changes- Fixed Price (AUG 1987) X 52.246-23 Limitation of Liability (FEB 1997)

X 52.249-4 Termination for Convenience of the Government (Services) (Short Form) (APR 1984)

X 52.249-8 Default (Fixed-Price Supply and Service) (Apr 1984)

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.

26.2 FEDERAL ACQUISITION REGULATION (FAR) CLAUSES PROVIDED IN

FULL TEXT

This Contract incorporate the following Federal Acquisition Regulation Clauses provided in full text:

26.2.1 FAR 52.204-1 APPROVAL OF CONTRACT (DEC 1989)

This contract is subject to the written approval of the Contracting Officer, OST Office of Acquisition Services and shall not be binding until so approved.

(End of clause)

26.2.2 FAR 52.204-24 REPRESENTATION REGARDING CERTAIN

TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR

EQUIPMENT.

REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE

SERVICES OR EQUIPMENT (NOV 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications- Commercial Products or Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision— Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.

This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) ( https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".

(d) Representation. The Offeror represents that—

(1) It □ will, □ will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that— It □ does, □ does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures. (1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i)…