AG-435H-S-13-0002_package.pdf

REQUEST FOR QUOTATION

PAGE OF

PAGES

(THIS IS NOT AN ORDER) THIS RFQ X IS IS NOT A SMALL BUSINESS SET- ASIDE

1. REQUEST NO. 2. DATE ISSUED 3. REQUISITION/PURCHASE REQUEST NO. 4. CERT. FOR NAT.DEF.

UNDER BDSA REG. 2

AND/OR DMS REG. 1

RATING

AG-435H-S-13-0002 11/9/2012

5a. ISSUED BY 6. DELIVER BY (Date)

USDA Forest Service Chattahoochee-Oconee National Forest 1755 Cleveland Highway, Gainesville GA 30501

See schedule

5b. FOR INFORMATION CALL (NO COLLECT CALLS) DESTINATION:

El Yunque National Forest Rio Grande, PR

NAME TELEPHONE NUMBER

Administrative: -------Marcia O’Connor

Technical: -------Manuel Ortiz

770-297-3055 moconnor@fs.fed.us

787-888-5669 mortiz@fs.fed.us

10. Please furnish quotations to the issuing office in block 5A on or before close of business:

IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in BLOCK 5A.

This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations must be completed by the quoter.

11/27/2012

E-mailed quotes are acceptable.

Send to moconnor@fs.fed.us

11. SCHEDULE (Include applicable Federal, State and local taxes)

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

(a) (b) (c) (d) (e) (f)

Transportation Planner Services

Hours will be worked intermittently between approximately December 17, 2012 and July 30, 2013. Some residual work may be required through September 30, 2013.

Name of Proposed Individual:

The offeror shall submit this form along with a proposal as described in Section M, page 17.

estimated

Hrs

Ceiling price is

$50,000 unless changed per clause

52.232-7 (e)

a. 10 CALENDAR DAYS (%) b. 20 CALENDAR

DAYS

c. 30 CALENDAR DAYS d. CALENDAR DAYS

12. DISCOUNT FOR PROMPT PAYMENT NUMBER PERCENTAGE

NOTE: Additional provisions and representations [ X ] are [ ] are not attached.

13. NAME AND ADDRESS OF QUOTER 14. Signature of person authorized to sign quotation 15. DATE OF

a. NAME OF QUOTER QUOTATION

b. STREET ADDRESS 16. SIGNER

a. NAME (Type or print) b. TELEPHONE

d. CITY e. STATE f. ZIP CODE

AREA CODE

TAXPAYER ID NUMBER (SSN OR TIN) DUNS NUMBER If assigned c. TITLE (Type or Print) NUMBER

NSN 7540-01-152-8084

Previous edition not usable

18-121 STANDARD FORM 18 (Rev. 6-95) Prescribed by GSA-FAR (48 CFR) 53.215-1(a) mailto:moconnor@fs.fed.us

SECTION C - Description/Specifications/Statement of Work

52.252-2 Clauses Incorporated by Reference. (FEB 1998)

SECTION E - Inspection and Acceptance

SECTION F - Deliveries or Performance

452.211-74 Period of Performance. (FEB 1988)

SECTION I - Contract Clauses

52.204-9 Personal Identity Verification of Contractor Personnel. (Jan 2011)

452.204-71 Personal Identity Verification Of Contractor Employees (Oct 2007)

52.216-29 Time-and-Materials/Labor-Hour Proposal Requirements--Non-Commercial Item

Acquisition With Adequate Price Competition. (FEB 2007)

52.232-7 Payments under Time-and-Materials and Labor-Hour Contracts. (AUG 2012)

452.237-74 Key Personnel. (FEB 1998)

452.216-74 Ceiling Price. (FEB 1988)

SECTION K - Representations, Certifications, and Other Statements of Offerors

52.204-8 Annual Representations and Certifications. (MAY 2012)

SECTION L - Instructions, Conditions, and Notices to Offerors or Respondents

52.216-1 Type of Contract. (APR 1984)

52.252-1 Solicitation Provisions Incorporated by Reference. (FEB 1998)

SECTION M - Evaluation Factors for Award

SECTION C - Description/Specifications/Statement of Work

SECTION I – Description of Services

Provide transportation planning services to assist the El Yunque National Forest (EYNF) to implement a

Visitor Transit System and integrate an Intelligent Transportation Communication System. Work will take place at the headquarters facility located at Km 4.3 PR Highway 191, Rio Grande, Puerto Rico.

The transit system consists of three tram units owned by the El Yunque National Forest and operated and maintained by the Municipality of Rio Grande. Each tram unit consists of a power car and two trailers.

The Intelligent Transportation System owned by the El Yunque National Forest consists of three (3) Variable

Message Boards (VMS), one (1) AM radio station, one (1) traffic counter wirelessly connected to a computer workstation, and traffic data and communications software.

Specific services required are described below:

1. Coordinate with the Municipality of Rio Grande for the timely implementation in June 1, 2013 delivery of the transit system herein described. Coordination activities include but is not limited to:

a. Serve as liaison between the EYNF, the vehicle manufacturer Chance Morgan, the dealer/contractor Specialty Vehicles, and the municipality of Rio Grande (municipio) for the training of municipio tram operators and road testing of vehicles during the training/testing phase.

b. Work out operation details in preparation for inauguration ride, delivery of units, and storage of vehicles among other things.

c. Development and design of decals or other graphic arts mutually agreeable to the EYNF and the municipio to be borne on the tram units.

2. Work with the Forest Public Affairs Officer in the preparation of a communications plan. The plan will include, but is not be limited to:

a. Development and delivery of internal communication tools (i.e., power point presentations, e-mails, words publisher brochures, web links) depicting implementation timelines, schedules, routes, and operational details.

b. Development and delivery of external communication tools (i.e., press releases and conferences, radio/TV interviews, web links, Forest radio station messages, social media messages) depicting implementation timelines, schedules, routes, and operational details.

3. Prepare an Operations Plan including but not limited to:

a. EYNF and municipio roles and responsibilities

b. Identify long term (off season at municipio facilities) and short term (operating season at Forest facilities) storage areas.

c. Seasons & hours of operations

d. Layout of routes

e. Identify signage required; types, text & locations

f. Identify road markings; pedestrian crossings and any other markings required.

g. Develop an operations brochure (showing served area, layout of routes, seasons and hours of operations.

4. Assist Forest employees with market research and preparing requisition documents to procure services and supplies identified in the operating plan.

5. Integrate, or assist Forest employees in obtaining services to integrate the Intelligent Transportation

System herein described, including but not limited to the following:

a. Establish wireless communication between the VMS and the computer workstation

b. Establish wireless communication between the traffic counter and computer workstation

c. Investigate enhancements, including sources of funding, to the current ITS system

d. Prepare PowerPoint presentation to depict the current ITS systems and potential enhancements

e. Prepare a User’s Guide for the system

SECTION II - GOVERNMENT-FURNISHED PROPERTY AND SERVICES

2.1 OFFICE

2.1.1 The Government will provide office space with furnishings. Maintenance and custodial services of the office, including utility bills, will be the responsibility of the Government.

2.1.2 The Government will provide access to telephone, FAX and computer necessary to perform the work requirements. The Contractor will be responsible for any costs incurred by its employee for using the telephone for anything other than official Government business.

2.1.3 The Government will provide all office supplies and equipment (paper, pencils, staplers, etc.).

Some property will be assigned to the Contractor for the exclusive, or near exclusive, use by

Contractor employee. Upon completing this contract, the Contractor shall follow the instructions of the Contracting Officer regarding the disposition of all such Government-furnished property not consumed in performing this contract or previously delivered to the Government.

2.1.4 The Contractor shall use reasonable care to avoid damaging existing buildings, equipment, and vegetation on the Government installation. If the Contractor’s failure to use reasonable care causes damage to any of this property/equipment, the Contractor shall replace or repair the damage at no expense to the Government as the Contracting Officer directs. If the Contactor fails or refuses to make such repair or replacement, the Contractor shall be liable for the cost, which may be deducted from the contract price.

2.2 SERVICES

2.2.1 The Government will provide printing/reproduction services and pick-up/delivery of official

EYNF mail. Office copiers are provided for official Government use. Government-provided postage is restricted to official correspondence.

2.3 VEHICLES

2.3.1 Government vehicles may be provided for the performance of work requirements for personnel authorized to drive Government vehicles.

SECTION III – GENERAL INFORMATION

3.1 QUALITY ASSURANCE

3.1.1 The Contractor is responsible for the quality, technical accuracy, and the coordination of work performed or services provided under this contract. All work shall be neat, well organized, and fully comply with the requirements of this contract. The Government may reject any data submitted that does not comply with the above.

3.2 HOURS OF AVAILABILITY

3.2.1 Contractor shall be available during EYNF office hours, 8:00 a. m. to 4:30 p.m. The contractor will submit weekly to the COR for approval a schedule showing the days and times planned for work each week. The contractor shall report to the COR the hours worked daily, verbally or by e-mails, and in writing weekly in a calendar format. When the COR requires it, because it is necessary to complete a particular task on schedule, or to be available for specific events or emergencies, the Contractor shall work 8 hours each day with a half hour without compensation lunch period, within the office hours established.

3.2.2 All work hours will be paid at the contract rate. No premium will be paid for overtime hours unless separately negotiated with the Contracting Officer. See clause 52.232-7 (a)

(8).

3.3 SAFETY

3.3.1 The Contractor shall maintain safety and health standards. EYNF reserves the right to conduct investigations of all mishaps which occur as a result of contractor operations in which there is reportable damage to government property or equipment, or occupational injury or illness to personnel.

3.4 SECURITY

3.4.1 Individuals performing work on this contract must go through the identity proofing and registration process described in clause 452.204-71 Personal Identity Verification of Contractor Employees.

3.4.2 Facility Access

Access to the EYNF facility is strictly controlled requiring non-federal personnel entering to wear minimum include: Contractor’s name and photo. The Contractor while on duty shall prominently wear this ID badge on an outer garment between the waist and shoulders. Access devices (gate beepers and keys) are available for the contractor upon request.

Requests for access devices must be requested by letter to the Contracting Officer. The letter must include the individuals name, their position and the reason a pass is required.

Access devices shall only be utilized for entry in support of duties to meet the requirements of this contract. These access devices shall remain in the possession of the individual it is assigned to and shall not be “loaned” to any other person. Any abuse of these devices may result in termination.

The access devices shall be returned to the contracting officer upon contract completion.

3.5 TERMINATION

3.5.1 The Government could terminate the contract if the Contractor does not exhibits integrity, capability, responsibility, or reasonable safety in its job performance. The following is a list of examples of unsuitable performance. This list is not all-inclusive.

a. The contractor causes a safety hazard at the work site.

b. The contractor deliverables consistently contain errors or are incomplete.

c. The contractor does not exhibit adequate capability in performing the work.

3.6 PROTECTION OF INFORMATION

3.6.1 Inquiries received by the Contractor for work performed under this contract shall be referred to the

COR for evaluation under the Freedom of Information Act. The determination of whether records will be released shall remain with EYNF. The Contractor is responsible for search and submission of records upon request by the COR.

3.7 TRAVEL/OFF-SITE WORK RELATED ACTIVITIES, INCLUDING SEMINARS AND

CONFERENCES

3.7.1 The Contractor shall be available for off-site work related travel. All travel must be authorized in advance in writing by the COR. Costs are reimbursable only if the following information is furnished:

a. Date and place of expense.

b. Purpose of the trip.

c. Name of person on/in travel status.

52.252-2 Clauses Incorporated by Reference. (FEB 1998)

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

SECTION E - Inspection and Acceptance

52.246-6 Inspection - Time-and-Material and Labor-Hour. (MAY 2001)

SECTION F - Deliveries or Performance

452.211-74 Period of Performance. (FEB 1988)

The period of performance of this contract is from December 17, 2013 through September 30, 2013, although most work will be completed by July 31, 3013.

SECTION I - Contract Clauses

52.204-7 Central Contractor Registration. (AUG 2012)

52.204-9 Personal Identity Verification of Contractor Personnel. (Jan 2011)

(a) The Contractor shall comply with agency personal identity verification procedures identified in the contract that implement Homeland Security Presidential Directive-12 (HSPD-12), Office of

Management and Budget (OMB) guidance M-05-24 and Federal Information Processing Standards

Publication (FIPS PUB) Number 201.

(b) The Contractor shall account for all forms of Government-provided identification issued to the

Contractor employees in connection with performance under this contract. The Contractor shall return such identification to the issuing agency at the earliest of any of the following, unless otherwise determined by the Government:

(1) When no longer needed for contract performance.

(2) Upon completion of the Contractor employee's employment.

(3) Upon contract completion or termination.

(c) The Contracting Officer may delay final payment under a contract if the Contractor fails to comply with these requirements.

(d) The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts when the subcontractor's employees are required to have routine physical access to a

Federally-controlled facility and/or routine access to a Federally-controlled information system. It shall be the responsibility of the prime Contractor to return such identification to the issuing agency in accordance with the terms set forth in paragraph (b) of this section, unless otherwise approved in writing by the Contracting Officer.

452.204-71 Personal Identity Verification Of Contractor Employees (Oct 2007)

(a) The contractor shall comply with the personal identity verification (PIV) policies and procedures established by the Department of Agriculture (USDA) Directives 4620-002 series.

(b) Should the results of the PIV process require the exclusion of a contractor's employee; the contracting officer will notify the contractor in writing.

(c) The contractor must appoint a representative to manage compliance with the PIV policies established by the USDA Directives 4620-002 series and to maintain a list of employees eligible for a USDA LincPass required for performance of the work.

(d) The responsibility of maintaining a sufficient workforce remains with the contractor. Contractor employees may be barred by the Government from performance of work should they be found ineligible or to have lost eligibility for a USDA LincPass. Failure to maintain a sufficient workforce of employees eligible for a USDA LincPass may be grounds for termination of the contract.

(e) The contractor shall insert this clause in all subcontracts when the subcontractor is required to have routine unaccompanied physical access to a Federally-controlled facility and/or routine unaccompanied access to a Federally-controlled information system.

(f) The PIV Sponsor for this contract is a designated program point of contact, which in most cases is the

COR, unless otherwise specified in this contract. The Government will notify the contractor if there is a change in the PIV Sponsor, the office address, or the office hours for registration; however, it is the contractor's responsibility to meet all aspects of paragraphs (c), (d), and (e).

52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (DEC 2010)

52.216-29 Time-and-Materials/Labor-Hour Proposal Requirements--Non-Commercial Item

Acquisition With Adequate Price Competition. (FEB 2007)

(a) The Government contemplates award of a Time-and-Materials or Labor-Hour type of contract resulting from this solicitation.

(b) The offeror must specify fixed hourly rates in its offer that include wages, overhead, general and administrative expenses, and profit. The offeror must specify whether the fixed hourly rate for each labor category applies to labor performed by--

(1) The offeror;

(2) Subcontractors; and/or

(3) Divisions, subsidiaries, or affiliates of the offeror under a common control;

(c) The offeror must establish fixed hourly rates using -

(1) Separate rates for each category of labor to be performed by each subcontractor and for each category of labor to be performed by the offeror, and for each category of labor to be transferred between divisions, subsidiaries, or affiliates of the offeror under a common control;

(2) Blended rates for each category of labor to be performed by the offeror, including labor transferred between divisions, subsidiaries, or affiliates of the offeror under a common control, and all subcontractors; or

(3) Any combination of separate and blended rates for each category of labor to be performed by the offeror, affiliates of the offeror under a common control, and subcontractors.

(End of provision)

52.219-6 Notice of Total Small Business Set-Aside. (NOV 2011)

52.222-3 Convict Labor. (JUN 2003)

52.222-21 Prohibition of Segregated Facilities. (FEB 1999)

52.222-26 Equal Opportunity. (MAR 2007)

52.222-35 Equal Opportunity for Veterans. (SEP 2010)

52.222-36 Affirmative Action for Workers with Disabilities. (OCT 2010)

52.222-37 Employment Reports on Veterans. (SEP 2010)

52.232-7 Payments under Time-and-Materials and Labor-Hour Contracts. (AUG 2012)

The Government will pay the Contractor as follows upon the submission of vouchers approved by the

Contracting Officer or the authorized representative:

(a) Hourly rate. (1) Hourly rate means the rate(s) prescribed in the contract for payment for labor that meets the labor category qualifications of a labor category specified in the contract that are--

(i) Performed by the Contractor;

(ii) Performed by the subcontractors; or

(iii) Transferred between divisions, subsidiaries, or affiliates of the Contractor under a common control.

(2) The amounts shall be computed by multiplying the appropriate hourly rates prescribed in the Schedule by the number of direct labor hours performed.

(3) The hourly rates shall be paid for all labor performed on the contract that meets the labor qualifications specified in the contract. Labor hours incurred to perform tasks for which labor qualifications were specified in the contract will not be paid to the extent the work is performed by employees that do not meet the qualifications specified in the contract, unless specifically authorized by the Contracting Officer.

(4) The hourly rates shall include wages, indirect costs, general and administrative expense, and profit. Fractional parts of an hour shall be payable on a prorated basis.

(5) Vouchers may be submitted not more than once every two weeks, to the Contracting

Officer or authorized representative. A small business concern may receive more frequent payments than every two weeks. The Contractor shall substantiate vouchers (including any subcontractor hours reimbursed at the hourly rate in the schedule) by evidence of actual payment and by-

(i) Individual daily job timekeeping records;

(ii) Records that verify the employees meet the qualifications for the labor categories specified in the contract; or

(iii) Other substantiation approved by the Contracting Officer.

(6) Promptly after receipt of each substantiated voucher, the Government shall, except as otherwise provided in this contract, and subject to the terms of paragraph (e) of this clause, pay the voucher as approved by the Contracting Officer or authorized representative.

(7) Unless otherwise prescribed in the Schedule, the Contracting Officer may unilaterally issue a contract modification requiring the Contractor to withhold amounts from its billings until a reserve is set aside in an amount that the Contracting Officer considers necessary to protect the Government's interests. The Contracting Officer may require a withhold of 5 percent of the amounts due under paragraph (a) of this clause, but the total amount withheld for the contract shall not exceed $50,000. The amounts withheld shall be retained until the Contractor executes and delivers the release required by paragraph (g) of this clause.

(8) Unless the Schedule prescribes otherwise, the hourly rates in the Schedule shall not be varied by virtue of the Contractor having performed work on an overtime basis. If no overtime rates are provided in the Schedule and overtime work is approved in advance by the Contracting Officer, overtime rates shall be negotiated. Failure to agree upon these overtime rates shall be treated as a dispute under the Disputes clause of this contract. If the Schedule provides rates for overtime, the premium portion of those rates will be reimbursable only to the extent the overtime is approved by the Contracting Officer.

(b) Materials. (1) For the purposes of this clause--

(i) Direct materials means those materials that enter directly into the end product, or that are used or consumed directly in connection with the furnishing of the end product or service.

(ii) Materials means--

(A) Direct materials, including supplies transferred between divisions, subsidiaries, or affiliates of the Contractor under a common control;

(B) Subcontracts for supplies and incidental services for which there is not a labor category specified in the contract;

(C) Other direct costs (e.g., incidental services for which there is not a labor category specified in the contract, travel, computer usage charges, etc.); and

(D) Applicable indirect costs.

(2) If the Contractor furnishes its own materials that meet the definition of a commercial item at 2.101, the price to be paid for such materials shall not exceed the Contractor's established catalog or market price, adjusted to reflect the--

(i) Quantities being acquired; and

(ii) Actual cost of any modifications necessary because of contract requirements.

(3) Except as provided for in paragraph (b)(2) of this clause, the Government will reimburse the Contractor for allowable cost of materials provided the Contractor--

(i) Has made payments for materials in accordance with the terms and conditions of the agreement or invoice; or

(ii) Ordinarily makes these payments within 30 days of the submission of the

Contractor's payment request to the Government and such payment is in accordance with the terms and conditions of the agreement or invoice.

(4) Payment for materials is subject to the Allowable Cost and Payment clause of this contract. The Contracting Officer will determine allowable costs of materials in accordance with Subpart 31.2 of the Federal Acquisition Regulation (FAR) in effect on the date of this contract.

(5) The Contractor may include allocable indirect costs and other direct costs to the extent they are--

(i) Comprised only of costs that are clearly excluded from the hourly rate;

(ii) Allocated in accordance with the Contractor's written or established accounting practices; and

(iii) Indirect costs are not applied to subcontracts that are paid at the hourly rates.

(6) To the extent able, the Contractor shall--

(i) Obtain materials at the most advantageous prices available with due regard to securing prompt delivery of satisfactory materials; and

(ii) Take all cash and trade discounts, rebates, allowances, credits, salvage, commissions, and other benefits. When unable to take advantage of the benefits, the Contractor shall promptly notify the Contracting Officer and give the reasons.

The Contractor shall give credit to the Government for cash and trade discounts, rebates, scrap, commissions, and other amounts that have accrued to the benefit of the Contractor, or would have accrued except for the fault or neglect of the

Contractor. The Contractor shall not deduct from gross costs the benefits lost without fault or neglect on the part of the Contractor, or lost through fault of the

Government.

(7) Except as provided for in 31.205-26(e) and (f), the Government will not pay profit or fee to the prime Contractor on materials.

(c) If the Contractor enters into any subcontract that requires consent under the clause at 52.244-2, Subcontracts, without obtaining such consent, the Government is not required to reimburse the

Contractor for any costs incurred under the subcontract prior to the date the Contractor obtains the required consent. Any reimbursement of subcontract costs incurred prior to the date the consent was obtained shall be at the sole discretion of the Government.

(d) Total cost. It is estimated that the total cost to the Government for the performance of this contract shall not exceed the ceiling price set forth in the Schedule, and the Contractor agrees to use its best efforts to perform the work specified in the Schedule and all obligations under this contract within such ceiling price. If at any time the Contractor has reason to believe that the hourly rate payments and material costs that will accrue in performing this contract in the next succeeding 30 days, if added to all other payments and costs previously accrued, will exceed 85 percent of the ceiling price in the Schedule, the Contractor shall notify the Contracting Officer giving a revised estimate of the total price to the Government for performing this contract with supporting reasons and documentation. If at any time during performing this contract, the Contractor has reason to believe that the total price to the Government for performing this contract will be substantially greater or less than the then stated ceiling price, the Contractor shall so notify the Contracting

Officer, giving a revised estimate of the total price for performing this contract, with supporting reasons and documentation. If at any time during performing this contract, the Government has reason to believe that the work to be required in performing this contract will be substantially greater or less than the stated ceiling price, the Contracting Officer will so advise the Contractor, giving the then revised estimate of the total amount of effort to be required under the contract.

(e) Ceiling price. The Government will not be obligated to pay the Contractor any amount in excess of the ceiling price in the Schedule, and the Contractor shall not be obligated to continue performance if to do so would exceed the ceiling price set forth in the Schedule, unless and until the

Contracting Officer notifies the Contractor in writing that the ceiling price has been increased and specifies in the notice a revised ceiling that shall constitute the ceiling price for performance under this contract. When and to the extent that the ceiling price set forth in the Schedule has been increased, any hours expended and material costs incurred by the Contractor in excess of the ceiling price before the increase shall be allowable to the same extent as if the hours expended and material costs had been incurred after the increase in the ceiling price.

(f) Audit. At any time before final payment under this contract, the Contracting Officer may request audit of the vouchers and supporting documentation. Each payment previously made shall be subject to reduction to the extent of amounts, on preceding vouchers, that are found by the

Contracting Officer or authorized representative not to have been properly payable and shall also be subject to reduction for overpayments or to increase for underpayments. Upon receipt and approval of the voucher designated by the Contractor as the "completion voucher" and supporting documentation, and upon compliance by the Contractor with all terms of this contract (including, without limitation, terms relating to patents and the terms of paragraph (g) of this clause), the

Government shall promptly pay any balance due the Contractor. The completion voucher, and supporting documentation, shall be submitted by the Contractor as promptly as practicable following completion of the work under this contract, but in no event later than 120 days (or such longer period as the Contracting Officer may approve in writing) from the date of completion.

(g) Assignment and Release of Claims. The Contractor, and each assignee under an assignment entered into under this contract and in effect at the time of final payment under this contract, shall execute and deliver, at the time of and as a condition precedent to final payment under this contract, a release discharging the Government, its officers, agents, and employees of and from all liabilities, obligations, and claims arising out of or under this contract, subject only to the following exceptions:

(1) Specified claims in stated amounts, or in estimated amounts if the amounts are not susceptible of exact statement by the Contractor.

(2) Claims, together with reasonable incidental expenses, based upon the liabilities of the

Contractor to third parties arising out of performing this contract, that are not known to the

Contractor on the date of the execution of the release, and of which the Contractor gives notice in writing to the Contracting Officer not more than 6 years after the date of the release or the date of any notice to the Contractor that the Government is prepared to make final payment, whichever is earlier.

(3) Claims for reimbursement of costs (other than expenses of the Contractor by reason of its indemnification of the Government against patent liability), including reasonable incidental expenses, incurred by the Contractor under the terms of this contract relating to patents.

(h) Interim payments on contracts for other than services. (1) Interim payments made prior to the final payment under the contract are contract financing payments. Contract financing payments are not subject to the interest penalty provisions of the Prompt Payment Act.

(2) The designated payment office will make interim payments for contract financing on the 435H day after the designated billing office receives a proper payment request. In the event that the Government requires an audit or other review of a specific payment request to ensure compliance with the terms and conditions of the contract, the designated payment office is not compelled to make payment by the specified due date.

(i) Interim payments on contracts for services. For interim payments made prior to the final payment under this contract, the Government will make payment in accordance with the Prompt Payment Act

(31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.

52.232-25 Prompt payment. (OCT 2008)

52.232-33 Payment by Electronic Funds Transfer - Central Contractor Registration. (OCT 2003)

52.233-3 Protest after Award. (AUG 1996)

52.233-4 Applicable Law for Breach of Contract Claim. (OCT 2004)

452.237-74 Key Personnel. (FEB 1998)

(a) The Contractor shall assign to this contract the following key personnel: Transportation Planner as named in accepted offer.

(b) During the first ninety (90) days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The

Contractor shall notify the Contracting Officer within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial 90-day period, the

Contractor shall submit the information required by paragraph (c) to the Contracting Officer at least 15 days prior to making any permanent substitutions.

(c) The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the

Contracting Officer. Proposed substitutes should have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the Contractor within 15 calendar days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes of key personnel.

52.243-1 Changes - Fixed-Price. (AUG 1987)

52.243-3 Changes - Time-and-Materials or Labor-Hours. (SEP 2000)

52.244-6 Subcontracts for Commercial Items. (DEC 2010)

52.245-1 Government Property. (APR 2012)

452.216-74 Ceiling Price. (FEB 1988)

The ceiling price of this contract is $50,000. The Contractor shall not make expenditures or incur obligations in the performance of this contract which exceed the ceiling price specified herein, except at the Contractor's own risk.

SECTION K - Representations, Certifications, and Other Statements of Offerors

52.204-8 Annual Representations and Certifications. (MAY 2012)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is

541330.

(2) The small business size standard is $14.0 million.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b)(1) If the clause at 52.204-7, Central Contractor Registration, is included in this solicitation, paragraph (d) of this provision applies.

(2) [not applicable].

(c)(1) The following representations or certifications in ORCA are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. [not applicable]

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence

Certain Federal Transactions. [not applicable].

(iii) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the clause at 52.204-7, Central Contractor Registration.

(iv) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that--

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(v) 52.209-2, Prohibition on Contracting with Inverted Domestic

Corporations-Representation. [not applicable]

(vi) 52.209-5, Certification Regarding Responsibility Matters. [not applicable]

(vii) 52.214-14, Place of Performance--Sealed Bidding. [not applicable]

(viii) 52.215-6, Place of Performance. [not applicable]

(ix) 52.219-1, Small Business Program Representations (Basic & Alternate I).

This provision applies to solicitations when the contract will be performed in the

United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by

DoD, NASA, or the Coast Guard.

(x) 52.219-2, Equal Low Bids. [not applicable]

(xi) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xii) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xiii) 52.222-38, Compliance with Veterans' Employment Reporting

Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.

(xiv) 52.223-1, Biobased Product Certification. [not applicable]

(xv) 52.223-4, Recovered Material Certification. [not applicable]

(xvi) 52.225-2, Buy American Act Certificate. [not applicable]

(xvii) 52.225-4, Buy American Act--Free Trade Agreements--Israeli Trade Act

Certificate. [not applicable]

(xviii) 52.225-6, Trade Agreements Certificate. [not applicable]

(xix) 52.225-20, Prohibition on Conducting Restricted Business Operations in

Sudan--Certification. This provision applies to all solicitations.

(xx) 52.225-25, Prohibition on Contracting with Entities Engaging in Sanctioned

Activities Relating to Iran--Representation and Certification. This provision applies to all solicitations.

(xxi) 52.226-2, Historically Black College or University and Minority Institution

Representation. [not applicable]

(2) The following certifications are applicable as indicated by the Contracting Officer:

(Contracting Officer check as appropriate.) None are applicable

(d) [CERTIFICATION] The offeror has completed the annual representations and certifications electronically via the Online Representations and Certifications Application (ORCA) website accessed through https://www.acquisition.gov. After reviewing the ORCA database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below (offeror to insert changes, identifying change by clause number, title, date). These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR Clause Title Date Change

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on ORCA.

(End of Provision)

SECTION L - Instructions, Conditions, and Notices to Offerors or Respondents

52.216-1 Type of Contract. (APR 1984)

The Government contemplates award of a fixed rate labor-hour contract resulting from this solicitation.

52.252-1 Solicitation Provisions Incorporated by Reference. (FEB 1998)

This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

https://www.acquisition.gov/far/current/html/FARTOCP52.html#wp372482 https://www.acquisition.gov/far/current/html/FARTOCP52.html#wp372482

SECTION M - Evaluation Factors for Award

The offeror shall submit the following:

Completed Form SF-18 including name of proposed individual.

(Refer to clause 452.237-74 Key Personnel regarding changes to the named individual.)

Business description if the proposal is from a business. Describe the business organization and the relationship and commitment with the proposed individual

Proposal/resume for the proposed individual covering at a minimum the information required under evaluation factors.

Evaluation Factors

1. Experience

Provide description of the individual’s experience in the areas relevant to this project, for example engineering/planning for transportation projects related to transit systems, Intelligent Transportation systems, multimodal transportation, and project programming.

2. Education / Qualifications

Describe relevant education and qualifications of the proposed individual.

3. Past Performance

Provide references from at least two assignments, projects, or contracts performed by the proposed individual.

4. Availability

Provide the schedule of availability for the proposed individual from December 17, 2013 through July 31, 2013.