Attachment D - Terms and Conditions (Provisions).docx

U.S. Department of Transportation RFP# 693JK325R0002 Pipeline and Hazardous Materials Safety Administration (PHMSA) Terms and Conditions U.S. Department of Transportation RFP# 693JK325R0002 Pipeline and Hazardous Materials Safety Administration (PHMSA) Terms and Conditions

PHMSA RFP# 693JK325R0002

" PHMSA’s Risk Assessment for HAZMAT Packages in an Unmanned Aircraft Systems (UAS) Environment"

Terms and Conditions FAR, TAR, and PHMSA Provisions and Special Requirements

In addition to the terms and conditions stated in the pertinent GSA contract, parent BPA, complete RFQ, including SOW and attachments, the following are also applicable to this procurement:

A. FEDERAL ACQUISITION REGULATIONS (FAR)

FAR 52.252-2 – Provisions Incorporated by Reference (FEB 1998) This contract incorporates one or more 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. Also, the full text of a clause may be accessed electronically at http://acquisition.gov/far

A.1 FAR Provisions Incorporated by Reference FAR 52.202-1 Definitions (JUN 2020) FAR 52.203-3 Gratuities (APR 1984) FAR 52.203-6 Restrictions on Subcontractor Sales to the Government (JUN 2020) FAR 52.203-12 Limitation on Payments to Influence Certain Federal Transactions (JUN 2020) FAR 52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights (NOV 2023) FAR 52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements--Representation (JAN 2017) FAR 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) FAR 52.204-4 [Reserved] FAR 52.204-8 Annual Representation and Certifications (JAN 2025) (DEVIATION FEB 2025) FAR 52.204-9 Personal Identity Verification of Contractor Personnel (JAN 2011) FAR 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) FAR 52.204-12 Unique Entity Identifier Maintenance (OCT 2016) FAR 52.204-13 System for Award Management Maintenance (OCT 2018) FAR 52.204-19 Incorporation by Reference of Representations and Certifications (DEC 2014) FAR 52.204-21 Basic Safeguarding of Covered Contractor Information Systems (NOV 2021) FAR 52.204-22 Alternative Line-Item Proposal (JAN 2017) FAR 52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (DEC 2023) FAR 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (NOV 2021) FAR 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (NOV 2021) FAR 52.204-26 Covered Telecommunications Equipment or Services-Representation (OCT 2020) FAR 52.204-27 Prohibition on a ByteDance Covered Application (JUNE 2023) FAR 52.209-5 Certification Regarding Responsibility Matters (AUG 2020) FAR 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015) FAR 52.212-1 Instructions to Offerors-Commercial Items (SEP 2023) FAR 52.212-3 Offeror Representations and Certifications-Commercial Items (MAY 2024) (DEVIATION FEB 2025) FAR 52.212-4 Contract Terms and Conditions-Commercial Items (NOV 2023) FAR 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders – Commercial Products and Commercial Services (JAN 2025) (DEVIATION FEB 2025) FAR 52.213-4 Terms and Conditions – Simplified Acquisitions (Other Than Commercial Products and Commercial Services) (JAN 2025) ((DEVIATION FEB 2025) FAR 52.217-8 Option to Extend Services (NOV 1999) FAR 52.219-8 Utilization of Small Business Concerns (JAN 2025) FAR 52.219-28 Post-Award Small Business Program Representation (JAN 2025) FAR 52.222-6 Construction Wage Rate Requirements (AUG 2018) (DEVIATION FEB 2025) FAR 52.222-11 Subcontracts (Labor Standards) (MAY 2014) (DEVIATION FEB 2025) FAR 52.222-12 Contract Termination – Debarment (MAY 2014) (DEVIATION FEB 2025) FAR 52.222-50 Combating Trafficking in Persons (NOV 2021) FAR 52.222-54 Employment Eligibility Verification (JAN 2025) FAR 52.223-5 Pollution Prevention and Right-to-Know Information (MAY 2024) FAR 52.223-6 Drug-Free Workplace [Reserved] FAR 52.223-10 Waste Reduction Program (MAY 2024) FAR 52.223-11 Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (MAY 2024) FAR 52.223-16 [Reserved] FAR 52.223-18 [Reserved] FAR 52.224-1 Privacy Act Notification (APR 1984) FAR 52.224-2 Privacy Act (APR 1984) FAR 52.224-3 Privacy Training (JAN 2017) FAR 52.225-1 Buy American-Supplies (OCT 2022) FAR 52.225-13 Restrictions on Certain Foreign Purchases (FEB 2021) FAR 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certification (JUN 2020) FAR 52.227-14 Rights in Data—General (MAY 2014) FAR 52.227-16 Additional Data Requirements (JUN 1987) FAR 52.227-17 Rights in Data-Special Works (DEC 2007) FAR 52.229-3 Federal, State, and Local Taxes (FEB 2013) FAR 52.233-1 Disputes (MAY 2014) FAR 52.233-3 Protest after Award (AUG 1996) FAR 52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004) FAR 52.237-2 Protection of Government Buildings, Equipment, and Vegetation (APR 1984) FAR 52.239-1 Privacy or Security Safeguards (Aug 1996) FAR 52.242-13 Bankruptcy (JUL 1995) FAR 52.242-15 Stop-Work Order (APR 1989) FAR 52.244-6 Subcontracts for Commercial Products and Commercial Services (JAN 2025) (DEVIATION FEB 2025) FAR 52.245-1 Government Property (SEP 2021) FAR 52.246-4 Inspection of Services-Fixed-Price (AUG 1996) FAR 52.246-20 Warranty of Services (MAY 2001) FAR 52.246-25 Limitation of Liability—Services (FEB 1997) FAR 52.249-2 Termination for Convenience of the Government (Fixed Price) (APR 2012) FAR 52.249-8 Termination for Default (Fixed-Price Supply and Service) (APR 1984)

A.2 FAR Provision 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.

(End of clause)

A.3 FAR Provision 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018)

(a) The Contractor shall update the information in the Federal Awardee Performance and Integrity Information System (FAPIIS) on a semi-annual basis, throughout the life of the contract, by posting the required information in the System for Award Management via https://www.sam.gov.

(b) As required by section 3010 of the Supplemental Appropriations Act, 2010 (Pub. L. 111-212), all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available. FAPIIS consists of two segments-

(1) The non-public segment, into which Government officials and the Contractor post information, which can only be viewed by-

(i) Government personnel and authorized users performing business on behalf of the Government; or

(ii) The Contractor, when viewing data on itself; and

(2) The publicly-available segment, to which all data in the non-public segment of FAPIIS is automatically transferred after a waiting period of 14 calendar days, except for-

(i) Past performance reviews required by subpart 42.15;

(ii) Information that was entered prior to April 15, 2011; or

(iii) Information that is withdrawn during the 14-calendar-day waiting period by the Government official who posted it in accordance with paragraph (c)(1) of this clause.

(c) The Contractor will receive notification when the Government posts new information to the Contractor’s record.

(1) If the Contractor asserts in writing within 7 calendar days, to the Government official who posted the information, that some of the information posted to the non-public segment of FAPIIS is covered by a disclosure exemption under the Freedom of Information Act, the Government official who posted the information must within 7 calendar days remove the posting from FAPIIS and resolve the issue in accordance with agency Freedom of Information procedures, prior to reposting the releasable information. The contractor must cite 52.209-9 and request removal within 7 calendar days of the posting to FAPIIS.

(2) The Contractor will also have an opportunity to post comments regarding information that has been posted by the Government. The comments will be retained as long as the associated information is retained, i.e., for a total period of 6 years. Contractor comments will remain a part of the record unless the Contractor revises them.

(3) As required by section 3010 of Pub. L. 111-212, all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available.

(d) Public requests for system information posted prior to April 15, 2011, will be handled under Freedom of Information Act procedures, including, where appropriate, procedures promulgated under E.O. 12600.

(End of clause)

A.4 FAR Provision 52.217-9 Option to Extend the Term of the Contract. (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 1 day prior to end of the current period of performance; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 3 years and 6 months.

(End of clause) B. TRANSPORTATION ACQUISITION REGULATIONS (TAR) AND DOT/PHMSA SPECIFIC PROVISIONS

B. 1 TAR 1252.223-73 Seat Belt Use Policies and Programs (NOV 2022) In accordance with Executive Order 13043, Increasing Seat Belt Use in the United States, dated April 16, 1997, the contractor is encouraged to adopt and enforce on-the-job seat belt use policies and programs for its employees when operating company-owned, rented, or personally-owned vehicles. The National Highway Traffic Safety Administration (NHTSA) is responsible for providing leadership and guidance in support of this Presidential initiative. For information on how to implement such a program or for statistics on the potential benefits and cost-savings to your company or organization, please visit the Buckle Up America section of NHTSA’s website at www.nhtsa.dot.gov. Additional resources are available from the Network of Employers for Traffic Safety (NETS), a public-private partnership headquartered in the Washington, D.C. metropolitan area, and dedicated to improving the traffic safety practices of employers and employees. NETS is prepared to help with technical assistance, a simple, user friendly program kit, and an award for achieving the President’s goal of 90 percent seat belt use. NETS can be contacted at 1-888-221-0045 or visit its website at www.trafficsafety.org.

B.2 DOT SHORT-TERM LENDING PROGRAM (DOT STLP)

ATTENTION: Small and Disadvantaged (SDB), Women-Owned, and Disadvantaged Business Enterprises (DBEs)! The Department of Transportation’s (DOT), Short-Term Lending Program (STLP) offers working capital financing in the form of lines of credit to finance accounts receivable for transportation related contracts.

The Maximum line of credit is $750,000. The STLP loan has a variable rate, which is connected to the prime rate. The current rate may be found on the OSDBU website http://osdbuweb.dot.gov or call 1-(800) 532-1169.

B.3 DOT Clause: DOT HSPD-12 Personal Identity Verification clause Homeland Security Presidential Directive-12 was issued in response to the general threat of unauthorized persons gaining access to federal facilities and information systems. HSPD-12 requires all Federal agencies to use a common Personal Identity Verification (PIV) standard when identifying and issuing access rights to users of Federally-controlled facilities and/or Federal Information Systems.

To perform the work specified herein, contractor personnel will require access to sensitive data, regular access to DOT-controlled facilities and/or access to DOT information systems. The Government has determined the position risk/sensitivity level under this effort to be moderate risk.1

Accordingly, before any individual may obtain a DOT identification card (new or replacement) authorizing him/her routine access to DOT facilities, or logical access to DOT's information systems, the individual must provide two forms of identity source documents in original form. One identity source document must be a valid Federal or state government- issued picture identification card. DOT contractors must contact the DOT servicing security organization to obtain the list of acceptable forms of documentation. Submission of these documents, and related background checks, are mandatory in order for the contractor to receive a building access identification card, and before access will be granted to any of DOT's information systems. Identification documents must be presented again in order to receive the card after it is manufactured. DOT identification cards are government property and must be returned when access to government facilities or information systems is no longer authorized, e.g., upon termination of employment, upon the contractor's reassignment of the employee to a non-DOT project, upon termination of the contract, or upon demand by DOT.

The minimum Government investigation for a low risk or non-sensitive position is a National Agency Check and Inquiries (with fingerprinting), which consists of searches of records covering specific areas of a person's background during the past five years. Those inquiries are sent to current and past employers, schools attended, references, and local law enforcement authorities. Higher level positions, above low risk/non-sensitive, require more extensive documentation and investigation.

Contractors should ensure that the employees whose names they submit have a reasonable chance for access approval. Delays associated with rejections and consequent reinvestigations may not be excusable.2

The contractor must comply with all applicable HSPD-12 and PIV procedures, as described above, and any subsequent DOT or government-wide HSPD-12 and PIV procedures/policies, including any subsequent related DOT directives and required procedures.

In the event of inconsistencies between this clause and later issued agency or government -wide HSPD-12 guidance, the most recently issued guidance shall take precedence, unless otherwise instructed by the Contracting Officer.

The contractor/recipient is required to include this clause in any subcontracts that require the subcontractor/subrecipient or subcontractor/subrecipient employee to have routine physical access to DOT space or logical access to a DOT information system.

1 The following sentence may be substituted when multiple risk/sensitivity levels apply. "The Government estimates that this effort will entail multiple levels of risk/sensitivity, ranging from ____________to ____________ but risk/sensitivity levels cannot be ascertained definitively until after contract award.”

2 Investigations may delay performance, regardless of the outcome of the investigation. The facts surrounding individual cases will determine whether a delay is excusable.

B.4 Contractor Issued Announcements

1. The recipient of this award must provide, in advance, to the PHMSA Contracting Officer, for review and concurrence, any proposed:

2. The recipient of this award must include the following statement in articles for publication or presentation resulting from this award:

“This work was funded in part, under the Department of Transportation, Pipeline and Hazardous Materials Safety Administration. The views and conclusions contained in this document are those of the authors and should not be interpreted as representing the official policies, either expressed or implied, of the Pipeline and Hazardous Materials Safety Administration, the Department of Transportation, or the U.S. Government.”

B.5 Use of Recording Devices at DOT (October 2009) DOT contractor employees must not engage in, attempt to influence any person to engage in, or acquiesce in the clandestine, surreptitious, or other covert use of audio, video, or other electronic recording or monitoring devices or practices, without the prior written approval of the PHMSA Chief of the Contracting Office.

DOT contractor employees have no explicit or implicit expectation of privacy while operating non-secure Government communications equipment. By using Government communications equipment the user consents to listening-in, monitoring, or recording of activities on said equipment by DOT employees.

Nothing in this clause is meant to apply to the conduct of video conferences approved by DOT personnel, or to restrict contractor personnel from performing activities necessary to ensure the integrity of DOT’s Information Technology (IT) networking infrastructure or computer systems.

Recordings by DOT contractor employees may not be used by outside entities without the prior written approval of the PHMSA Chief of the Contracting Office.

B.6 Safeguarding Classified Information (PHMSA January 2011) Pipeline and Hazardous Materials Safety Administration (PHMSA) contractor employees are obligated to protect classified information pursuant to all applicable laws, and to use Government information technology systems in accordance with PHMSA and Department of Transportation (DOT) procedures so that the integrity of such systems is not compromised.

Unauthorized disclosure of classified documents (whether in print, on a blog, or on a web site) does not alter the documents’ classified status or automatically result in declassification of the documents. To the contrary, classified information, whether or not already posted on public websites or disclosed to the media, remains classified, and must be treated as such by contractor employees, until it is declassified by an appropriate U.S. Government authority.

PHMSA contractor employees:

1. except as authorized by the Director, Office of Security (M-40), or other authorized DOT officials, and pursuant to PHMSA/DOT policies and procedures, shall not, while using computers or other devices (such as Blackberries or Smart Phones) that access the Web on non-classified Government systems, access documents that are marked classified (including classified documents publicly available on WikiLeaks and other web sites), as doing so risks that classified material will be placed onto non-classified systems. This requirement applies to access that occurs either through PHMSA/DOT or contractor computers, or through contractors’ personally owned computers that access non-classified Government systems. This requirement does not restrict PHMSA contractor employee access to non-classified, publicly available news reports (and other non-classified material) that may, in turn, discuss classified material.

2. shall not access classified material unless:

- a favorable determination of the person’s eligibility for access has been made by the DOT Director of the Office of Security (M-40) or another authorized DOT official,

- the person has signed an approved non-disclosure agreement,

- the person has a need to know the information, and

- the person has received contemporaneous training on the proper safeguarding of classified information and on the criminal, civil, and administrative sanctions that may be imposed on an individual who fails to protect classified information from unauthorized disclosure.

3. shall not remove classified information from official premises or disclose that information without proper authorization.

4. who believe they may have inadvertently accessed or downloaded classified or sensitive information on computers that access the web via non-classified Government systems, or without prior authorization, should contact their information security offices for assistance.

(End of clause)

B.7 U.S. DEPARTMENT OF TRANSPORTATION (DOT) - Non-Disclosure Agreement

The purpose of this non-disclosure agreement is to ensure that any information gathered or provided to [TBD], and its consultants/subcontractors under DO # [TBD] is not disclosed to unauthorized sources.

This Agreement relates to the disclosure of Government proprietary/sensitive information received in the course of duties under a contract with the U.S. Department of Transportation, Pipeline and Hazardous Materials Safety Administration. As used herein, Government proprietary/sensitive information means information and/or data of a confidential nature including but not limited to sensitive technical, operating, performance, cost, know-how, or schedule or business information. The information may be disclosed to the contractor in a number of ways, including orally and in writing.

The below signed party agrees that receiving Government proprietary/sensitive information subjects them to certain responsibilities and further agrees to the following:

1. To use the information only for the purpose of performance duties, to hold in confidence and protect the information from disclosure and use by anyone without proper authority and need-to-know. No other use of this information is permitted without the express written permission of the Contracting Officer. Under no condition should the information be provided in any manner whatsoever to any third party without first receiving written permission from the Contracting Officer.

2. To disclose the information only to persons who are employed by the Government, or non-Government persons who have agreed to be bound by the terms of this agreement by signing a copy thereof, and who are authorized and have a need-to-know in the course of their duties.

3. To return all physical proprietary/sensitive information, including any reproductions or notes made during contract performance, to the disclosing party or the Government project manager upon completion of any task, or immediately upon request.

4. To immediately report any person(s) without proper authority and a need-to-know seeking access to proprietary/sensitive information.

I certify that I have read and fully understand the agreement.

_[TBD]___________________________________

Name and Title

B.8 U.S. DEPARTMENT OF TRANSPORTATION (DOT)

CONTRACTOR PERSONNEL SECURITY AND AGENCY ACCESS (NOVEMBER 2011)

The following definitions are provided:

· "Agency Access" means access to DOT facilities, sensitive information, information systems or other DOT resources.

· "Applicant" is a contractor employee for whom the contractor submits an application for a DOT identification card.

· "Contractor Employee" means prime contractor and subcontractor employees who require agency access to perform work under a DOT contract.

· "Identification Card" (or "ID card") means a government issued or accepted identification card such as a Personal Identity Verification (PIV) card, a PIV-Interoperable (PIV-1) card from an authorized PIV-1 issuer, or a non-PIV card issued by DOT, or a non PIV card issued by another Federal agency and approved by DOT. PIV and PIV-1 cards have physical and electronic attributes that other (non-PIV) ID cards do not have.

· "Issuing Office" means the DOT entity that issues identification cards to contractor employees.

· "Local Security Servicing Organization" means the DOT entity that provides security services to the DOT organization sponsoring the contract.

0. Risk and Sensitivity Level Designations- For contracts requiring access to DOT facilities, sensitive information, information systems or other DOT resources, the contractor employees will be required to complete background investigations, identity proofing, and government identification card application procedures to determine suitability for access. DOT will assign a risk and sensitivity level designation to the overall contract and/or to contractor employee positions by category, group or individual. The risk and sensitivity level designations will be the basis for determining the level of personnel security processing required for contractor employees.

IF THE DESIGNATED RISK IS: THE BACKGROUND INVESTIGATION IS:

Low National Agency Check with Written Inquiries (NACI)

Moderate Minimum Background Investigation (MBI)

High Background Investigation (BI)

Contractor employees may also be required to obtain security clearances (i.e., Confidential, Secret, or Top Secret). National Security work designated "special sensitive," “critical sensitive,” or "non-critical sensitive" will determine the level of clearance required for contractor employees. Personnel security clearances for national security contracts in DOT will be processed according to the Department of Defense National Industrial Security Program Operating Manual (NISPOM).

2. Pre-screening of Contractor Employees -The contractor must pre-screen individuals designated for employment under any DOT contract by verifying minimal suitability requirements to ensure that only quality candidates are considered for contract employment, and to mitigate the burden on the Government of conducting background investigations on objectionable applicants. The contractor must exercise due diligence in pre-screening all employees prior to submission to DOT for agency access. DOT may decline to grant agency access to a contractor employee for reasons including, but not limited to:

a) Conviction of a felony, a crime of violence, or a misdemeanor involving moral turpitude.

b) Falsification of information entered on forms or of other documents submitted.

c) Improper conduct including criminal, infamous, dishonest, immoral, or notoriously disgraceful conduct or other conduct adverse to the Government regardless of whether the conduct is directly related to the contract.

d) Any behavior judged to pose a potential threat to DOT facilities, sensitive information, information systems or other resources.

3. Citizenship and Alien Status - The contractor must monitor an alien's continued authorization for employment in the United States. The contractor must provide documentation to the Contracting Officer or the Contracting Officer's Technical Representative during the background investigation process that validates that the E-Verify requirement has been met for each contractor employee.

4. Background Investigation and Adjudication- The contractor employee must have a favorable adjudication of background investigation before DOT will issue an ID card to the contractor employee granting access to DOT facilities, sensitive information, information systems or other DOT resources. DOT may accept favorable adjudications of background investigations from other Federal agencies when applicants have held PIV cards issued by those agencies with no break in service. DOT may also accept PIV-1 (interoperable) cards issued by an authorized PIV-1 issuer as evidence of identity. A favorable adjudication does not preclude DOT from initiating a new investigation when deemed necessary. At a minimum, the FBI National Criminal History Check (fingerprint check) must be favorably completed before a DOT identification card can be issued. Each contractor must use the Office of Personnel Management's (OPM) e-QIP system to complete any required investigative forms. Instructions for obtaining fingerprints will be provided by the COTR or CO. The DOT Office of Security, M-40, or a DOT organization delegated authority by M-40, is responsible for adjudicating the suitability of contractor employees.

5. Agency Access Denied- Upon contract award, DOT will initiate the agency access procedure for all contractor employees requiring access to DOT facilities, sensitive information, information systems and other DOT resources for contract performance. DOT may deny agency access to any individual about whom an adverse suitability determination is made. Failure to submit the required security information or to truthfully answer all questions shall constitute grounds for denial of access. The contractor must not provide agency access to contractor employees until the COTR or CO provides notice of approval, which is authorized only by the DOT Office of Security (M-40) or a DOT organization delegated authority by M-40. Where a proposed contractor's employees are denied agency access by the Government or, if for any reason proposed applications are withdrawn by the contractor during the agency access process, the additional costs and administrative burden for conducting additional background investigations caused by a lack of effective pre screening or planning on the part of the contractor may be considered as part of the contractor's overall performance evaluation.

6. Identification Card Application Process- The COTR will be the DOT ID card Sponsor and point of contact for the contractor's application for a DOT ID card. The COTR shall review and approve the DOT ID card application before an ID card is issued to the applicant.

An applicant may be issued either a Personal Identity Verification (PIV) card that meets the standards of Homeland Presidential Security Directive (HSPD-12) or an applicant may be issued a non-PIV card. Generally, a non-PIV card will be issued for contracts that expire in six months or less, including option periods. The COTR may request the issuing office to waive the six month eligibility requirement when it is in DOT's interest for contract performance.

The applicant must complete a DOT on-line application for a PIV card. For a non-PIV card, the applicant must complete and submit a hard copy of Form 1681to the COTR/Sponsor. Regardless of the type of card to be issued (PIV or non-PIV), the applicant must appear in person to provide two forms of identity source documents in original form to DOT. The identity source documents must come from the list of acceptable documents included in Form I-9, OMB No. 1115-0136, Employment Eligibility Verification. At least one document must be a valid State or Federal government-issued picture identification. For a PIV card, the applicant may be required to appear in-person a second time for enrollment and activation.

7. Identification Card Custody and Control- The contractor is responsible for the custody and control of all forms of government identification issued by DOT to contractor employees for access to DOT facilities, sensitive information, information systems and other DOT resources. The contractor must immediately notify the COTR or, if the COTR is unavailable, the CO when a contractor employee no longer requires agency access due to transfer, completion of a project, retirement, removal from work on the contract, or termination of employment.

The contractor is responsible for maintaining and safeguarding the DOT ID card upon issuance to the contractor employee. The contractor must ensure that contractor employees comply with DOT requirements concerning the renewal, loss, theft, or damage of an ID card. The contractor must immediately notify the COTR or, if the COTR is unavailable, the CO when an ID card is lost, stolen or damaged.

Failure to comply with the requirements for custody and control of DOT ID cards may result in withholding final payment or contract termination based on the potential for serious harm caused by inappropriate access to DOT facilities, sensitive information, information systems or other DOT resources.

a) Renewal: A contractor employee's DOT issued ID card is valid for a maximum of three years or until the contract expiration date (including option periods), whichever occurs first. The renewal process should begin six weeks before the PIV card expiration date. If a PIV card is not renewed before it expires, the contractor employee will be required to sign-in daily for facility access and may have limited access to information systems and other resources.

b) Lost/Stolen: Immediately upon detection, the contractor or contractor employee must report a lost or stolen DOT ID card to the COTR, or if the COTR is unavailable, the CO, the issuing office, or the local servicing security organization. The contractor must submit an incident report within 48 hours, through the COTR or, if the COTR is unavailable, the CO, the issuing office, or the local security servicing organization describing the circumstances of the loss or theft. The contractor must also report a lost or stolen PIV card through the DOT on-line registration system. If the loss or theft is reported by the contractor to the local police, a copy of the police report must be provided to the COTR or CO. From the date of notification to DOT, the contractor must wait three days before getting a replacement ID card. During the 3- day wait period, the contractor employee must sign in daily for facility access.

c) Replacement: An ID card will be replaced if it is damaged, contains incorrect data, or is lost or stolen for more than 3 days, provided there is a continuing need for agency access to perform work under the contract.

8. Surrender of ID Cards- Upon notification that routine access to DOT facilities, sensitive information, information systems or other DOT resources is no longer required, the contractor must surrender the DOT issued ID card to the COTR, or if the COTR is unavailable, the CO, the issuing office, or the local security servicing organization in accordance with agency procedures.

9. Use of This Provision- The contractor is required to include these provisions in any subcontracts that require the subcontractor or subcontractor's employees to have access to DOT facilities, sensitive information, information systems or other resources.

(End of Provision)

B.9 TAR 1252.237-70 Qualifications of contractor employees (NOV 2022)

a. Definitions. As used in this provision- Sensitive Information is any information that, if subject to unauthorized access, modification, loss, or misuse, or is proprietary data, could adversely affect the national interest, the conduct of Federal programs, or the privacy of individuals specified in The Privacy Act, 5 U.S.C. 552a, but has not been specifically authorized under criteria established by an Executive Order or an Act of Congress to be kept secret in the interest of national defense or foreign policy.

b. Work under this contract may involve access to sensitive information which shall not be disclosed, by the contractor unless authorized in writing by the contracting officer. To protect sensitive information, the contractor shall provide training to any contractor employees authorized to access sensitive information, and upon request of the Government, provide information as to an individuals suitability to have authorization.

c. The Contracting Officer may require dismissal from work those employees deemed incompetent, careless, insubordinate, unsuitable, or otherwise objectionable, or whose continued employment is deemed contrary to the public interest or inconsistent with the best interest of national security.

d. Contractor employees working on this contract must complete such forms, as may be necessary for security or other reasons, including the conduct of background investigations to determine suitability. Completed forms shall be submitted as directed by the Contracting Officer. Upon the Contracting Officers request, the Contractor's employees shall be fingerprinted, or subject to other investigations as required.

e. The Contractor shall ensure that contractor employees are:

(1) Citizens of the United States of America or an alien who has been lawfully admitted for permanent residence or employment (indicated by immigration status) as evidenced Bureau of Citizenship and Immigration Services documentation; and

(2) Have background investigations according to DOT Order 1630.2B, Personnel Security Management.

f. The Contractor shall immediately notify the contracting officer when an employee no longer requires access to DOT computer systems due to transfer, completion of a project retirement or termination of employment.

g. The Contractor shall include the substance of this provision in all subcontracts at any tier where the subcontractor may have access to Government facilities, sensitive information, or resources.

(End of provision)

B.10 TAR 1252.237-73 Key personnel (NOV 2022)

(a) The personnel as specified below are considered essential to the work being performed under this contract 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, as appropriate.

(b) Before removing, replacing, or diverting any of the specified individuals, the Contractor shall notify the contracting officer, in writing, before the change becomes effective. The Contractor shall submit information to support the proposed action to enable the contracting officer to evaluate the potential impact of the change on the contract. The Contractor shall not remove or replace personnel under this contract until the Contracting Officer approves the change.

The Key Personnel under this Contract are:

(TBD)

(End of provision) B.11 TAR 1252.242-72 Dissemination of contract information (NOV 2022) The Contractor shall not publish, permit to be published, or distribute for public consumption, any information, oral or written, concerning the results or conclusions made pursuant to the performance of this contract, without the prior written consent of the Contracting Officer. Two copies of any material proposed to be published or distributed shall be submitted to the Contracting Officer.

(End of provision)

B.12 TAR 1252.223-71 Accident and fire reporting (NOV 2022)

(a) The Contractor shall report to the Contracting Officer any accident or fire occurring at the site of the work which causes:

(1) A fatality or as much as one lost workday on the part of any employee of the Contractor or subcontractor at any tier;

(2) Damage of $1,000 or more to Government-owned or leased property, either real or personal;

(3) Damage of $1,000 or more to Contractor or subcontractor owned or leased motor vehicles or mobile equipment; or

(4) Damage for which a contract time extension may be requested.

(b) Accident and fire reports required by paragraph (a) above shall be accomplished by the following means:

(1) Accidents or fires resulting in a death, hospitalization of five or more persons, or destruction of Government-owned or leased property (either real or personal), the total value of which is estimated at $100,000 or more, shall be reported immediately by telephone to the Contracting Officer or his/her authorized representative and shall be confirmed by telegram or facsimile transmission within 24 hours to the Contracting Officer. Such telegram or facsimile transmission shall state all known facts as to extent of injury and damage and as to cause of the accident or fire.

(2) Other accident and fire reports required by paragraph (a) above may be reported by the Contractor using a state, private insurance carrier, or Contractor accident report form which provides for the statement of:

(i) The extent of injury; and

(ii) The damage and cause of the accident or fire.

Such report shall be mailed or otherwise delivered to the Contracting Officer within 48 hours of the occurrence of the accident or fire.

(c) The Contractor shall assure compliance by subcontractors at all tiers with the requirements of this provision.

(End of provision) B. 13 TAR 1252.239-70 Security requirements for unclassified information technology resource (NOV 2022)

(a) The Contractor shall be responsible for Information Technology security for all systems connected to a Department of Transportation (DOT) network or operated by the Contractor for DOT, regardless of location. This provision is applicable to all or any part of the contract that includes information technology resources or services in which the Contractor has physical or electronic access to DOT’s sensitive information that directly supports the mission of DOT. The term “information technology”, as used in this provision, means any equipment or interconnected system or subsystem of equipment, including telecommunications equipment, that is used in the automatic acquisition, storage, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information. This includes both major applications and general support systems as defined by OMB Circular A-130. Examples of tasks that require security provisions include:

(1) Hosting of DOT e-Government sites or other IT operations;

(2) Acquisition, transmission or analysis of data owned by DOT with significant replacement cost should the contractor’s copy be corrupted; and

(3) Access to DOT general support systems/major applications at a level beyond that granted the general public, e.g. bypassing a firewall.

(b) The Contractor shall develop, provide, implement, and maintain an IT Security Plan. This plan shall describe the processes and procedures that will be followed to ensure appropriate security of IT resources that are developed, processed, or used under this contract. The plan shall describe those parts of the contract to which this provision applies. The Contractor’s IT Security Plan shall comply with applicable Federal Laws that include, but are not limited to, 40 U.S.C. 11331, the Federal Information Security Management Act (FISMA) of 2002 and the E-Government Act of 2002. The plan shall meet IT security requirements in accordance with Federal and DOT policies and procedures, as they may be amended from time to time during the term of this contract that include, but are not limited to:

(1) OMB Circular A-130, Management of Federal Information Resources, Appendix III, Security of Federal Automated Information Resources;

(2) National Institute of Standards and Technology (NIST) Guidelines;

(3) Departmental Information Resource Management Manual (DIRMM) and associated guidelines; and

(4) DOT Order 1630.2B, Personnel Security Management.

(c) Within 30 days after contract award, the contractor shall submit the IT Security Plan to the DOT Contracting Officer for acceptance. This plan shall be consistent with and further detail the approach contained in the offeror's proposal or sealed bid that resulted in the award of this contract and in compliance with the requirements stated in this clause. The plan, as accepted by the Contracting Officer, shall be incorporated into the contract as a compliance document. The Contractor shall comply with the accepted plan.

(d) Within 6 months after contract award, the contractor shall submit written proof of IT Security accreditation to the DOT for acceptance by the DOT Contracting Officer. Such written proof may be furnished either by the Contractor or by a third party. Accreditation must be in accordance with DOT Order 1350.2, which is available from the Contracting Officer upon request. This accreditation will include a final security plan, risk assessment, security test and evaluation, and disaster recovery plan/continuity of operations plan. This accreditation, when accepted by the Contracting Officer, shall be incorporated into the contract as a compliance document, and shall include a final security plan, a risk assessment, security test and evaluation, and disaster recovery/continuity of operations plan. The contractor shall comply with the accepted accreditation documentation.

(e) On an annual basis, the contractor shall submit verification to the Contracting Officer that the IT Security Plan remains valid.

(f) The contractor will ensure that the following banners are displayed on all DOT systems (both public and private) operated by the contractor prior to allowing anyone access to the system:

Government Warning

**WARNING**WARNING**WARNING**

Unauthorized access is a violation of U.S. Law and Department of Transportation policy, and may result in criminal or administrative penalties. Users shall not access other user's or system files without proper authority. Absence of access controls IS NOT authorization for access! DOT information systems and related equipment are intended for communication, transmission, processing and storage of U.S. Government information. These systems and equipment are subject to monitoring by law enforcement and authorized Department officials. Monitoring may result in the acquisition, recording, and analysis of all data being communicated, transmitted, processed or stored in this system by law enforcement and authorized Department officials. Use of this system constitutes consent to such monitoring.

**WARNING**WARNING**WARNING**

(g) The contractor will ensure that the following banner is displayed on all DOT systems that contain Privacy Act information operated by the contractor prior to allowing anyone access to the system:

This system contains information protected under the provisions of the Privacy Act of 1974 (Public Law 93-579). Any privacy information displayed on the screen or printed shall be protected from unauthorized disclosure. Employees who violate privacy safeguards may be subject to disciplinary actions, a fine of up to $5,000, or both.

(h) Contractor personnel requiring privileged access or limited privileged access to systems operated by the Contractor for DOT or interconnected to a DOT network shall be screened at an appropriate level in accordance with DOT Order 1630.2B, Personnel Security Management, as it may be amended from time to time during the term of this contract.

(i) The Contractor shall ensure that its employees, in performance of the contract performing under this contract, receive annual IT security training in accordance with OMB Circular A-130, FISMA, and NIST requirements, as they may be amended from time to time during the term of this contract, with a specific emphasis on rules of behavior.

(j) The Contractor shall afford the Government access to the Contractor’s and subcontractors’ facilities, installations, operations, documentation, databases and personnel used in performance of the contract. Access shall be provided to the extent required to carry out a program of IT inspection (to include vulnerability testing), investigation and audit to safeguard against threats and hazards to the integrity, availability and confidentiality of DOT data or to the function of information technology systems operated on behalf of DOT, and to preserve evidence of computer crime.

(k) The Contractor shall incorporate the substance of this clause in all subcontracts that meet the conditions in paragraph (a) of this clause.

(l) The contractor shall immediately notify the contracting officer when an employee terminates employment that has access to DOT information systems or data.

(End of clause) B. 14 TAR 1252.239-71 Information Technology Security Plan and Accreditation (NOV 2022) All offers submitted in response to this solicitation must address the approach for completing the security plan and accreditation requirements in TAR clause 1252.239-70.

(End of provision) B.15 TAR 1252.217-74 Subcontracts (NOV 2022)

(a) Nothing contained in the contract shall be construed as creating any contractual relationship between any subcontractor and the Government. The divisions or sections of the specifications are not intended to control the Contractor in dividing the work among subcontractors or to limit the work performed by any trade.

(b) The Contractor shall be responsible to the Government for acts and omissions of its own employees, and of subcontractors and their employees. The Contractor shall also be responsible for the coordination of the work of the trades, subcontractors, and material men.

(c) The Contractor shall, without additional expense to the Government, employ specialty subcontractors where required by the specifications.

(d) The Government or its representatives will not undertake to settle any differences between the Contractor and its subcontractors, or between subcontractors.

(End of clause) B.16 Section 508 of the Rehabilitation Act Section 508 of the Rehabilitation Act applies to this solicitation and resulting award. The Contractor will provide all reports in a format that is compliant with Section 508 to ensure the documents are accessible to people with disabilities.

C. SUBCONTRACTING REQUIREMENTS

Any business that proposes the use of a subcontractor must submit a copy of its…