Document Destruction MAIN BODY draft FY 2024 Solicitation 693JK424R500008 in PDF as PUBLISHED.pdf

693JK424R500008

PART I—SCHEDULE

CONTROLLED UNCLASSIFIED INFORMATION DOCUMENT DESTRUCTION

SERVICES FOR THE U.S. DEPARTMENT OF TRANSPORTATION (DOT) IN

WASHINGTON, D. C.

Combined Synopsis-and-Solicitation No. 693JK424R500008

B.1 OVER-VIEW

Note 1: This document is the main body of DOT’s Solicitation No. 693JK424R500008, which seeks proposals for this procurement’s resulting contract-awardee-company to provide Controlled Unclassified Information Document Destruction Services for the U.

S. Department of Transportation (DOT) in Washington, D.C. For proposal-pricing-details, please refer also to this Solicitation’s accompanying Standard Form 33—which has been published in SAM.gov as a separate PDF file simultaneously with the publication of this main-body document.

Note 2: No phone calls, please. QUESTIONS concerning this DOT

Document Destruction Solicitation numbered 693JK424R500008 should be e-mailed, by 11:45 PM Eastern Daylight Time August 8th, 2024, to all four of the following addresses: james.mowery@dot.gov and to Margaret.Rose@dot.gov and to

Avi.Lopin@dot.gov and to Terry.Brewster@dot.gov . And it is very important that each particular set of questions and comments be e-mailed SIMULTANEOUSLY to

ALL Four of the e-mail addresses given above.

Note 3: DOT’s cognizant contracting officer has concluded that the 30-day-calendar-time-period between this combined-synopsis-and-Solicitation’s publication-date (July

29th, 2024) and its specified proposal-submission-deadline (11:30 PM EDT August

28th, 2024) is consistent with the at-least quasi-commercial-nature of this procurement.

mailto:james.mowery@dot.gov mailto:Margaret.Rose@dot.gov mailto:Avi.Lopin@dot.gov mailto:Terry.Brewster@dot.gov

BACKGROUND

This is a Small-Business-Set-Aside Solicitation. Accordingly, each offeror’s average annual gross revenue, as computed over the five-year-period immediately preceding the original-publication-date of this combined-Synopsis-and-Solicitation, must be less than the $47,000,000 Small- Business-size-standard associated with this Solicitation’s applicable NAICS Code, which is 562119.

DOT intends to award one and only one stand-alone contract from this Solicitation.

Each offeror’s Cost Proposal submitted to DOT in response to this Solicitation shall specify a separate total Fixed-Price dollar-figure for each separate Line Item specified in this

Solicitation’s accompanying Standard Form 33.

Each offeror’s Cost Proposal submitted to DOT in response to this Solicitation shall also specify a separate total Fixed-Price dollar-figure for each separate contract-year ((Base Year, Option

Year One, Option Year Two, Option Period Three, Option Period Four).

And those proposed Fixed-price dollar figures shall be based upon the assumption and understanding and commitment that the contract-awardee-company will be providing the DOT document-destruction services specified in the Line Items of this Solicitation’s accompanying

Standard Form 33 and specified below in this Solicitation’s SECTION C Statement of Work.

This Solicitation’s resulting stand-alone-contract-award-document will specify a separate total

Fixed-price-dollar-figure for each separate Line Item specified above in this Solicitation’s

Standard Form 33, and will also specify a separate total Fixed-Price-dollar for each separate contract-year (Base Year, Option Year One, Option Year Two, Option Period Three, Option

Period Four). And those Fixed-price dollar figures shall be based upon the assumption and understanding and commitment that the contract-awardee-company will be providing the DOT document-destruction services specified above in the Line Items of this Solicitation’s Standard

Form 33 and specified below in this Solicitation’s SECTION C Statement of Work.

The Base-Year (initial year) of this Solicitation’s resulting contract is estimated to run from

October 1st, 2024 through September 30th, 2025. And each succeeding year (Option-Year) of that resulting contract is estimated to run from a succeeding October 1st through the following

September 30th. That same information is also displayed above in the Line Items of this

Solicitation’s Standard Form 33.

DOT does emphatically hope to receive a strongly-competitive group of proposals in response to this Solicitation, because strong competition would benefit DOT and the taxpayers. And only because of the inevitability of prospective offerors asking DOT to divulge the name of the

DOT’s incumbent Retirement-Benefits-Calculator contractor-company, and not as any discouragement to any prospective offeror-companies, this Solicitation hereby confirms that the incumbent contractor is Safeguard Document Destruction, Inc., of Perrineville, New Jersey, whose incumbent DOT contract-number is 693JK419C500016. That incumbent contract’s already-exercised final-option-year is scheduled to run through September 30th, 2024. And this

Solicitation’s cognizant contracting officer hereby confirms that any FOIA-requests for copies of that incumbent contract-document would be unlikely to benefit any FOIA-requestor, because

DOT’s standard FOIA-processing-procedures would require so much redaction of pricing-information and staffing-information and technical-information from that incumbent contract-document that the releasable-remainder would be unlikely to add—to the incumbent-contractor-information given above in this paragraph—any information useful to a FOIA-requestor.

B-2 CLAUSES AND PROVISIONS

A. Clauses and provisions from the Federal Acquisition Regulation (FAR) and supplements thereto are incorporated in this document by reference and in full text.

Those incorporated by reference have the same force and effect as if they were given in full text.

B. Clauses and provisions in this document are numbered in sequence but will not necessarily appear in consecutive order.

C. Sections K, L and M will be removed from any resultant award, but Section K will be deemed to be incorporated by reference in that award.

(End of Section B)

SECTION C - DESCRIPTIONS/SPECIFICATIONS/WORK

STATEMENT

The Contractor will be required to furnish services and equipment to regularly collect and later destroy sensitive, proprietary, privacy data, and other controlled unclassified information to include electronic media at their off-site location in compliance with the requirements established by 32 CFR

2002.14 and 36 CFR 1228.58.

1. The Contractor shall provide collection and destruction services for the U.S. Department of

Transportation (DOT) buildings which are located at:

a. Two Complete Buildings (East building, West building and the connecting Concourse): 1200

New Jersey Avenue, S.E., Washington, D.C. 20590

b. Complete Building: Orville Wright Building (FOB 10A), 800 Independence

Ave., S.W., Washington, D.C. 20591

c. Complete Building: Wilbur Wright Building (FOB 10B), 600 Independence

Ave., S.W., Washington, D.C. 20591

d. One Floor (3rd): 409 - 3rd Street SW, Washington, DC 20024

e. One Floor (8th): Aerospace Building, 901 D Street SW, Washington, DC 20024

f. One Floor (2nd) 490 L'Enfant Plaza SW, Washington, DC 20024

g. Three Floors (3rd, 4th, & 5th): 950 L'Enfant Plaza SW, Washington, DC 20024

h. Four Floors (2nd, 3rd, 4th and 5th) FAA-Aeronautical Information Services – AJV-A2

Crown Consulting, Inc. 305 East-West Hwy, SSMC-4, Room 3424 Silver Spring, MD 20910

NOTE: Building and floor locations listed above are subject to change at the discretion of DOT.

Contractor will be advised of any changes.

2. The Contractor shall furnish stationary containers (hereafter referred to as "consoles") to the above-listed buildings for collecting CUI materials. The consoles must have an appearance suitable for placement in a professional office environment. The consoles must be uniform in size, color, and functionality. DOT will have final approval on the appearance and suitability of the consoles.

Consoles must be capable of receiving materials but prevent access to or removal of materials once deposited into the consoles. All consoles must have locks that are keyed the same. The lock keys or combinations shall be unique to DOT. The Contractor will furnish the government with a minimum of four master keys that will operate all of the consoles. The Contractor will be responsible for furnishing Contractor employees with keys for performing servicing operations at the DOT buildings. The Contractor must be capable of supplying approximately 288 consoles for use in the above-listed DOT facilities. Consoles will be placed in these buildings in specific locations determined by DOT personnel at no charge and no rental fees will be assessed for their use.

3. The Contractor will place, retrieve, and service (collect the contents of) consoles in locations within the above-listed DOT buildings as directed by DOT. These consoles shall be serviced within

DOT’s facilities on a schedule and as needed as determined by DOT.

https://ecfr.io/Title-32/Section-2002.14 https://ecfr.io/Title-32/Section-2002.14 https://www.govinfo.gov/content/pkg/CFR-2009-title36-vol3/pdf/CFR-2009-title36-vol3-sec1228-58.pdf

4. CUI materials retrieved from the consoles shall be transferred to a collection point located at each building's loading dock. The materials must be kept under the constant control of the Contractor’s service technicians and be protected at all times from theft or visual observation of the information by unauthorized persons. Containers shall not be left unattended during collection and must be secured inside the truck.

5. In addition to the regular collection of materials described above, from time-to-time DOT may also require the Contractor to retrieve large volumes of CUI materials that cannot reasonably be placed in a standard console. The Contractor must therefore be able to furnish, on a temporary basis, at least 30 portable containers (hereafter referred to as “totes” which have approximately a 95-gallon capacity) that can be secured with small key padlocks, to fit with 3/8-inch shackles. The placement and retrieval of these totes shall be at desk-side and shall be determined by DOT. The delivery and retrieval of these totes shall be incorporated with the scheduled service. When there is a need for totes, prior to the scheduled service, the Contract Officer’s Representative (COR) or Alternate

Contracting Officer’s Representative (ACOR) will send the Contractor a list of areas by location

(e.g., W54-120) for the empty totes to be placed and the full totes to be picked up. At times, there may be additional totes requested at the last minute (e.g. when the Contractor is already on-site) and if the Contractor has one available, the tote will be placed where requested. There also will be times additional totes are requested to be picked up at the last minute (when the Contractor is already on-site) and if the Contractor has room on their truck, the tote is to be removed during that service.

6. Retrieval of contents from the consoles is primary and will be accomplished prior to collection of the totes as described in paragraph no. 5 above. Once the consoles have been emptied, the totes will be collected to the extent the truck has room.

7. The Contractor shall notify the COR or ACOR upon arrival, either by phone or in-person, and will meet in person prior to departure from the DOT building 1200 New Jersey Avenue. For the Federal

Aviation Administration (FAA) buildings 10A & 10B, the Contractor will notify the COR or

ACOR by phone of their arrival and departure. The arrival notification allows the COR/ACOR to advise the Contractor of any additional service needs that day. The check-in prior to departure allows the service technician to notify the COR/ACOR of any discrepancies between the services requested and Certificate of Destruction (COD) for that day’s service.

8. The Contractor shall provide a COD to the COR/ACOR at 1200 New Jersey Avenue DOT building upon completion of each service. These CODs will be used as proof of service and matched to the bar code scan or comparable report and to the invoices.

9. The Contracting Officer (CO), COR, and ACOR are the only personnel authorized to direct or alter the Contractor work (e.g., priority change, etc.) within the scope of the contract.

10. The Contractor is not to take direction or collect any additional material from any customer without authorization from the CO, COR, ACOR. Should any questions arise, the Contractor will direct the customer(s) to contact the CO/COR/ACOR.

11. The Contractor shall provide and maintain at Contractor's expense a bar code system or comparable accountability system to account for each console that is placed in any DOT facility for the collection of CUI materials. Bar codes or comparable identifiers shall be permanently affixed to the inside surface area of each console (inside door surface) and identify its location (e.g., W54-

120). Every time the consoles are serviced, each console's identifier shall be scanned by the

Contractor to show the container location as well as the date and time of service and the fill level.

This information shall be centrally recorded by the Contractor and provided to the COR/ACOR in a report prior to or at the same time the monthly invoice is issued. This monthly scan report shall display the date and time each container was serviced, the location of the container (e.g., W54-

120), the fill level of that container and the name of the Contractor personnel who performed the service.

12. At the start of the contract period, the Contractor shall provide to DOT a list of all containers, in

Microsoft Excel format, showing the container, location (e.g., W54-120; 409 3rd Street SW 3rd floor, etc.).

13. Unexpected last-minute changes in service needs may occur. When this happens, the Contractor shall do their best to comply with the change(s) as directed by the CO/COR/ACOR.

14. The Contractor may carry out the destruction of materials by shredding, pulverizing, mutilation, pulping or by other appropriate means at their off-site location in accordance with 32 CFR 2002.14 and 36 CFR 1228.58. The requirement established by 32 CFR 2002.14 is – “Destroy paper using cross cut shredders which produce particles that are 1mm x 5mm (0.04 in. x 0.2 in.) in size (or smaller), or pulverize/disintegrate paper materials using disintegrator devices equipped with a 3/32

in. (2.4mm) security screen.” The requirement established by 36 CFR 1228.58 is – “The wastepaper contractor must be required to pulp, macerate, shred, or otherwise definitively destroy the information contained in the records, and their destruction must be witnessed either by a Federal employee or, if authorized by the agency that created the records, by a contractor employee. The contract for sale must prohibit the resale of all other paper records for use as records or documents.”

Destruction of all CUI material shall be accomplished offsite at the Contractor’s facility or on-site in the Contractor’s vehicle. The Government reserves the right to inspect the Contractor's (and any sub-contractor’s) destruction procedures and equipment and observe destruction operations unannounced during normal Contractor hours of operation. All materials shall be destroyed as soon as possible, but no longer than 48 hours after arriving at the Contractor’s facility. If destruction takes place on the Contractor’s vehicle, destruction must occur before the vehicle leaves government property. Materials shall be continuously protected by Contractor personnel until destruction. Materials may only be sold or transferred to a second party if the transfer is conducted as part of a multi-step destruction process that meets the requirements established by paragraph 15 of this Statement of Work.

15. If the Contractor cannot meet the particle-size requirements outlined in 32 CFR 2002.14 with the

Contractor’s equipment and practices, the Contractor may use a multi-step destruction process to meet the particle-size requirements. The multi-step destruction process must include the initial destruction of the documents by the Contractor (shredding, pulverizing, mutilation or pulping) to

Deutches Institut für Normung eV (DIN) level P-4 and use a contractor or shared service provider to further shred, recycle or destroy to the standards outlined in 32 CFR 2002.14. The process must result in documents that are unreadable, indecipherable, and irrecoverable. Recycling hard copy paper satisfies destruction requirements as part of a multi-step destruction process only if the process recycles the material into new paper. The Government reserves the right to inspect all parts of the multi-step destruction process.

16. The Contractor must possess a valid National Association for Information Destruction (NAID)

AAA Certification for the duration of the period of performance.

17. This Solicitation’s resulting contract-awardee-company must be an established business engaged in the destruction of CUI material. And each offeror’s proposal submitted in response to this

Solicitation shall confirm the fact that the offeror-company had been engaged in that type of business for a minimum of two years as of the date on which the offeror submitted its proposal to

DOT in response to this Solicitation. And each offeror shall include, in its proposal submitted to

DOT in response to this Solicitation, documentation of the offeror’s length of CUI-destruction-business and volume of such destruction services the offeror has provided.

18. The Contractor shall obtain the COR’s approval for all Contractor personnel prior to their beginning work at DOT facilities. All Contractor personnel working at DOT facilities shall be

U.S. citizens or have lawful permanent resident status. The DOT reserves the right to exclude at a later date Contractor personnel with lawful permanent resident status who are not U.S. citizens, and require all personnel to be U.S. citizens, depending on the policy of DOT components or evolving policy of DOT. Contractor personnel performing work at DOT facilities shall be subject to suitability and background investigations as prescribed by the DOT Personnel Security Office.

Contractor personnel performing work at DOT facilities shall, at a minimum, have a Tier 2, or equivalent background investigation conducted by a Federal Agency authorized to conduct

Background investigations for employment purposes.

19. All Contractor personnel involved in the pick-up or destruction of materials at DOT facilities must be eligible for a DOT identification badge. A minimum of three Contractor personnel must be issued a DOT identification badge. These persons must be of good character, professional, have a neat personal appearance, speak English, and be able to work in an office environment in a discreet manner. The DOT identification badge issued to Contractor personnel shall be worn and properly displayed by these personnel when onsite servicing DOT. DOT reserves the right to reject any person submitted by the Contractor to work on this contract. DOT also reserves the right to require removal of any Contractor employee from this contract upon determination by DOT that the employee's performance is not satisfactory. It is the Contractor’s responsibility to return DOT identification badges within 10 business days after a Contractor employee has been dismissed, terminated, or assigned to duties outside the scope of the Contract.

20. The Contractor shall furnish company uniforms for their service personnel, which must be worn while they are inside DOT buildings.

21. Period of Performance - shall be for a base period, October 1, 2024, through September 30, 2025.

SECTION D—PACKAGING AND MARKING

D-1 PACKAGING AND MARKING

The Contractor shall package and mark all items to utilize the best commercial practices to ensure timely delivery to the FOB destination.

D.4 Packaging of Data

Any data/reports required to be submitted under this contract shall be packaged in a confidential envelope and marked in accordance with the best commercial practices available to assure the safe delivery at its destination.

(End of Section D)

SECTION E—INSPECTION AND ACCEPTANCE

CLAUSES INCORPORATED BY REFERENCE

52.246-2 Inspection of Supplies – Fixed Price AUG 1996

52.246-4 Inspection of Services—Fixed-Price AUG 1996

E-1 INSPECTION AND ACCEPTANCE

A. GOVERNMENT INSPECTION AND ACCEPTANCE – Inspection and Acceptance of services or supplies (i.e., On-Site and Off-Site) called for hereunder shall be performed by designated representatives of the Contracting Officer in accordance with Section C, Statement of Work.

B. This contract’s appointed Contracting Officer’s Representative (COR) will participate in the administration of this contract specifically to evaluate contractor performance and nspect services for the Government. This designation does not include authority to direct and/or authorize the Contractor to make changes in the scope of the terms of the contract without the written authority of the Contracting Officer. The Contracting Officer will notify the Contractor in writing of names, duties, and limitations of appointed CORs.

See Section G for the submission of invoices for payment.

(End of Section E)

SECTION F—DELIVERIES OR PERFORMANCE

CLAUSES INCORPORATED BY REFERENCE

52.242-15 Alt 1 Stop-Work Order – Alternate I APR 1989 52.242-17 Governmental Delay of Work AUG 1984

F-1 PERIOD OF PERFORMANCE

BASE YEAR: OCTOBER 1, 2024 through SEPTEMBER 30, 2025

OPTION YEAR ONE: OCTOBER 1, 2025 through SEPTEMBER 30, 2026

OPTION YEAR TWO: OCTOBER 1, 2026 through SEPTEMBER 30, 2027

OPTION YEAR THREE: OCTOBER 1, 2027 through SEPTEMBER 30, 2028

OPTION YEAR FOUR: OCTOBER 1, 2028 through SEPTEMBER 30, 2029

F-2 PERIOD OF CONTRACT

See Section F. 1 above.

F-3 PLACE OF PERFORMANCE

As an administrative simplification, this contract’s Place of Performance could be considered to be DOT’s Headquarters building located at 1200 New Jersey Avenue, S.

E., Washington, D. C. But, at a finer level of detail, the Places of Performance would include not only DOT’s Headquarters building but also the separate DOT buildings specified above in the Line Items of this Solicitation’s Standard Form 33.

F.4 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:

New Year's Day January 1

Martin Luther King's Birthday Third Monday in January

President's Birthday Third Monday in February

Memorial Day Last Monday in May

Juneteenth June 19th

Independence Day July 4

Labor Day First Monday in September

Columbus Day Second Monday in October

Veterans Day November 11

Thanksgiving Day Fourth Thursday in November

Christmas December 25

Inauguration Day January 20 every four years

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

C. It is understood and agreed between the Government and the Contractor that observance of such days by Government personnel shall not otherwise be a reason for an additional period of performance, or entitlement of compensation except as set forth within the individual Order. In the event the Contractor's personnel work during the holiday, they may be reimbursed by the Contractor, however, no form of holiday or other premium compensation will be reimbursed either as a direct or indirect cost, other than their normal compensation for the time worked. This provision does not preclude reimbursement for authorized premium pay, if applicable to this contract.

D. When the Federal, State, Local and other governmental entities grants excused absence to its employees, the Contractor agrees to continue to provide sufficient personnel to perform critical tasks already in operation or scheduled, and shall be guided by the instructions issued by the Contracting Officer, Contracting Officer’s

Technical Representative (COR), or the Government’s Task Order’s Representative

(TOR).

(END OF SECTION F)

SECTION G—CONTRACT ADMINISTRATION DATA

G.1 CONTRACT ADMINISTRATION DATA

Notwithstanding the Contractor’s responsibility for total management during the performance of this contract, the administration of the contract will require maximum coordination between the Government and the Contractor. The following individuals will be the Government points of contact during the performance of the contract.

G.2 CONTRACTING OFFICER

All contract administration will be affected by the Contracting Officer (CO) identified below. The CO has the overall responsibility for the resultant contract.

The CO alone, without delegation, is authorized to take actions on behalf of the

Government to amend, modify or deviate from the contract terms, conditions, and requirements. No changes in or deviations from the scope of work shall be affected without a Supplemental Agreement executed by the CO authorizing such changes.

Written communications to the CO shall make reference to the contract or task order number and shall be mailed to the address listed below. The CO may delegate certain other responsibilities to his/her authorized representatives or Contracting Officer

Representative (COR).

The Contracting Officer (CO) for this contract is:

James H. Mowery III U.S. Department of Transportation Office of the Secretary Senior Procurement Executive

Acquisition Services Division (M-63) 1200 New Jersey Avenue, S.E.

Washington, DC 20590 Tel: (202) 366-4959 or (703) 836-5924 E-Mail Address: james.mowery@dot.gov

G.3 CONTRACTING OFFICER’S REPRESENTATIVE (COR)

The Contracting Officer’s Technical Representative (COR) will have general oversight of contractors’ performance related to the contract, responsible for the application of technical approaches and tools, and program components that cut across all task orders.

This contract will have a Government COR, for performance monitoring, guidance and oversight. The COR will have specific oversight of the contractor’s performance, providing technical direction and relationship with the contractor‘s manager.

Note: Technical Directions is defined to include:

1. Written directions to the Contractor which fill in details, suggest possible lines of inquiry, or otherwise facilitate completion of work;

2. Provision of written information to the Contractor which assists in the interpretation of drawings, specifications, or technical portions of the work statement;

3. Review and, where required, provide written approval of technical reports, drawings, specifications, or technical information to be delivered. Technical directions must be in writing, and must be within the scope of the work as detailed in Section C.

B. The COR is authorized by designation to take any or all action with respect to the following which could lawfully be taken by the Contracting Officer, except any action specifically prohibited by the terms of this Contract:

(1) Assure that the Contractor performs the technical requirements of the contract in accordance with the contract terms, conditions, and specifications.

(2) 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.

(3) Maintain all liaison and direct communications with the Contractor. Written communications with the Contractor and documents shall be signed as "Contracting

Officer’s Technical Representative" with a copy furnished to the Contracting Officer.

mailto:james.mowery@dot.gov

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

(5) Monitor the Contractor's production or performance progress and notify the

Contractor in writing of deficiencies observed during surveillance, and direct appropriate action to effect correction. Record and report to the Contracting Officer incidents of faulty or nonconforming work, delays or problems.

(6) Obtain necessary security clearance and appropriate identification if access to

Government facilities is required. If to be provided, ensure that Government furnished property is available when required.

C. Limitations: The COR is not empowered to award, agree to, or sign any contract

(including delivery or purchase orders) or modifications thereto, or in any way to obligate the payment of money by the Government. The COR may not take any action which may impact on the base contract schedule, funds, scope or rates. All contractual agreements, commitments, or modifications which involve prices, quantities, quality, and schedules shall be made only by the Contracting Officer.

D. Contractual Problems - Contractual problems, of any nature, that may arise during the life of the contract must be handled in conformance with specific public laws and regulations (i.e. Federal Acquisition Regulation and Department of Transportation

Acquisition Regulation). The Contractor shall bring all contracting problems to the immediate attention of the Contracting Officer. Only the Contracting Officer is authorized to formally resolve such problems.

The Contracting Officer will be responsible for resolving legal issues, determining contract scope and interpreting contract terms and conditions. The Contracting Officer is the sole authority authorized to approve changes in any of the requirements under this contract. Notwithstanding any clause contained elsewhere in this contract, the said authority remains solely with the Contracting Officer. These changes include, but will not be limited to the following areas: scope of work, price, quantity, technical specifications, delivery schedules, and contract terms and conditions. In the event the Contractor effects any changes at the direction of any other person other than the Contracting

Officer, the change will be considered to have been made without authority.

E. The direction shall not include new assignments of work nor be of such a nature as to cause an increase or decrease in the price of this contract or otherwise affect any other provision of this contract.

F.. Failure by the Contractor to report to the Contracting Officer, any action by the

Government considered to be a change, within the specified number of days contained in FAR 52.243-7 (Notification of Changes), waives the Contractor's right to any claims for equitable adjustments.

The Contracting Officer’s Representative (COR) for this contract is:

THE COR’s NAME WILL BE DETERMINED JUST PRIOR TO CONTRACT-AWARD U.S. Department of Transportation 1200 New Jersey Avenue, S.E.

Washington, DC 20590 Telephone: To Be Determined Just Prior to Contract-Award E-Mail Address: To Be Determined Just Prior to Contract-Award

G.4 ROLES AND RESPONSIBILITIES

The Government’s oversight and management of the anticipated contract award will include a Government Contracting Officer and a Contracting Officer’s Representative

(COR).

A. Government Contracting Officer:

The Government’s CO has overall responsibility and ultimate authority consistent with applicable warrant(s) for the base contract(s) and all underlying task orders. The CO will review and approve all base contract and underlying task order requests and their modifications.

B. Contracting Officer’s Representative (COR)

The COR will have general oversight of the contractor's performance related to this contract. The base contract COR will:

(1) Monitor the contractor's overall performance related to this contract, and as necessary, will take appropriate steps to address performance issues;

(2) Review Contractor financial information specific to the performance of this contract;

(3) Review contractor-reports required by this contract;

(4) Monitor the contractor's compliance with applicable policies and procedures; and

(5) Monitor the contractor's compliance with reporting requirements.

C. Contractor Responsibility

The Contractor shall integrate its work with DOT centralized best practice policies and procedures, and tools for design, implementation, evaluation, and success/impact reporting so as to avoid duplications of effort, unnecessary redundancies, and/or deviations that are not cost effective for the DOT in aggregate.

The Contractor shall furnish the Government’s cognizant CO with the name of the contractor’s designated Program Manager (PM) for this contract. The Contractor’s

PM is a key person (see H.10 “Key Personnel”) for this contract’s entire performance-period.

The Contractor shall designate by name a contract administrator for the contract, who shall be authorized as the contract administration point of contact for the

Government’s CO for this contract’s Base Year and for each Option Year exercised by DOT. The Contractor’s designated contract administrator is a key person (see H.10 “Key Personnel”) for the contract and shall be available for applicable activities at the beginning of the contract.

G.5 CONTRACT CHANGES

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

G.6 DRAFT INVOICE

The Contractor shall submit within thirty (30) days a draft copy of invoice by email to the

COR for approval. The COR will review and provide the contractor approval. If no changes are required, the contractor shall submit a final invoice for payment. (See G.7

Submission of Final Invoices).

Invoices shall contain the appropriate information required to be a proper invoice, including the contract number and applicable line-item numbers (CLIN).

G.7 SUBMISSION OF FINAL INVOICES

The Contractor shall be required to submit final monthly invoices in accordance with the following:

a. An original and two (2) copies of the invoice to shall be submitted to the below mailing or email address and one (1) emailed copy shall be sent to the COR:

U.S. Department of Transportation/FAA Attn: WCF Account, c/o AMZ-160 P.O. Box 25730 Oklahoma City, OK 73125

9-AMC-AMZ-OSTWCF@FAA.GOV.

b. The invoice submitted to the Government for payment shall include the following:

(1) Contractor Name, Address, Phone, Fax

(2) Contract Number DTOS59-14XXXXX, Modification, Delivery

Order number

(3) Contract Federal Tax Identification No.

(4) Invoice Number

(5) Payment Terms

(6) Period of Performance being billed (i.e., Oct 1 – 30)

(7) Applicable Contract Line Item

(8) Description of Supplies/Services

(9) Quantity

(10) Unit Price

(11) Total Price per line item

(12) Total invoice amount

(13) Contractor remit to address

(14) Contractor POC for billing questions

Name:________________________ Phone:________________________ Fax:__________________________

c. Invoices shall show the cost breakdown by type of test (e.g., random, follow-up) and account number of entity(ies).

d. Billing shall begin on the first of every month and end on the last calendar day of the month.

G.8 ADDITIONAL INFORMATION RELATING TO FAR 52.232-34

In accordance with FAR 52.232-34, "Payment by Electronic Funds Transfer -- Other

Than Central Contractor Registration", the Department of Transportation will make payment using the Automatic Clearing House Network, unless the Contractor requests a waiver to the payment office in accordance with the clause. As stated in the clause, after award but before the first invoice or contract financing request is submitted, the

Contractor shall designate a financial institution for receipt of electronic funds transfer payments.

Said submission shall be done on a Standard Form (SF) 3881. An SF-3881, with the address and name of the cognizant Department of Transportation official, is included as

Attachment J-6 to the contract.

G.9 ACCOUNTING AND APPROPRIATION DATA

mailto:9-AMC-AMZ-OSTWCF@FAA.GOV

Funds for satisfying the minimum contract guarantee set forth in Section B of this contract are obligated hereunder and chargeable as follows [To Be Filled In In This

Solicitation’s Resulting Awarded Contract Document]:

PR No:

Budget Fiscal:

Operating Administration:

Strategic Objective:

Object Class:

Amount Obligated:

G.10 METHOD OF PAYMENT BY ELECTRONIC FUNDS TRANSFER

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

To facilitate this method of payment, the Contractor shall register in the Central Contractor Registration (CCR) database pursuant to FAR Clause 52.204-7 (FEB 2012), Central Contractor Registration. The Contractor shall remain so registered in the CCR database until final payment is submitted and made. Additionally, the Contractor shall comply with the requirements of solicitation provision52.232-38, Submission of Electronic Funds Transfer Information with Offer (MAY1999), found in full text in Section L, and resultant Contract clause 52.232-33, Payment by Electronic Transfer – Central Contractor Registration, which has been incorporated by reference in Section I, Clauses.

G.11 PAYMENT

A. Payment of Fixed Rates

The Contractor shall submit monthly invoices / vouchers to the payment office in

Section G of this contract for the actual number of licenses provided under each individual Task Order. These vouchers shall be no more than 30 days in arrearage.

B. Payment of Other Direct Costs (ODCs)

The Contractor shall include in its monthly billing allowable other direct costs authorized in the Task Order in question. All ODC claims require that documentation be provided by the Contractor for such costs, including receipts for cash, checks, or other forms of actual payment validation.

C. Limitation of Cost

Subject to the Limitation of Cost Clause, the Contractor may be reimbursed for direct and indirect costs incurred in the performance of this contract as are allowable under the appropriate provisions of FAR Part 31.

G.11.1 BILLABLE COSTS TRACKING AND REPORTING

The Contractor shall maintain complete time and attendance tracking for all labor and other charges against this contract, to document charges and allow for effective overall contract oversight. The Contractor shall track and report monthly, all costs associated with this contract.

The contractor’s contract-administrative-functions shall be paid for only from the total

Fixed-Price-dollar-figures specified in this Solicitation’s resulting awarded stand-alone contract.

On a monthly basis, the Contractor shall also summarize and report, to the

Government CO and to COR for this contact, in a single document and format prescribed by the CO, cumulative labor and other costs incurred against this contract, as well as a cumulative overall contract costs to date. This monthly summary report shall also clearly highlight, as an alert to the Government CO and COR, when the contract or any of its underlying assignments reach the 75% and 90% expenditure of funds levels.

G.12 ACCOUNTABILITY OF COSTS / SEGREGATION OF ASSIGNMENTS

A. All costs incurred by the Contractor under this contract shall be segregated by applicable Contract Line Items.

B. There shall be no commingling of costs between this contract’s awarded contract’s specified Line Items.

G.13 FUNDS AVAILABILITY

a. Limitation of Funds

It is not anticipated that any Limitation of Funds provisions will be applicable to this IDIQ

Fixed-Price contract, but that such provisions will be applicable to this IDIQ contract’s awarded Task Orders.

G.14 TRAVEL AND PER DIEM

a. Contractor travel approved in advance by the COR will be reimbursed in accordance with FAR 31.205-46 Travel Costs, The Federal Travel Regulations (Joint

Travel Regulations) prescribed by the General Services Administration, for travel in the contiguous United States and the DOT Travel Manual (DOT 1500.6A).

b. Per diem will be reimbursed as actual costs not to exceed the per diem rates set forth in the Federal Property Management Regulations (FPMR) 41 CFR Chapter 101, Chapter 7, GSA Bulletin FPMR A-40 (in effect at time of award and revised throughout the terms of the contract.

c. Local Travel –

i. Site time and travel time combined is greater than 12 hours per collector/BAT, than meals are allowed at the Meal and Incidental Expenses (M & IE) rate applicable to the location of temporary duty assignment.

ii. Site time and travel time combined is less than or equal to 12 hours per collector/BAT and overnight was authorized, than meals are allowed at the rate of one-half of the M & IE rate.

iii. Site time and travel time combined is less than or equal to 12 hours per collector/BAT and overnight travel was not involved, than meals at M & IE rate are not permitted.

d. Local travel by a privately owned vehicle will be reimbursed at the current GSA approved local mileage rate (i.e., $.505 per mile). DOT will reimburse round trip mileage for one privately owned vehicle normally from the contractor office to the site

(exceptions may apply).

(End of Section G)

SECTION H—SPECIAL CONTRACT REQUIREMENTS

H.1 PERSONNEL

(a) General

The Government anticipates the work to be performed under this contract shall provide all labor necessary for the on-site shredding of sensitive, proprietary, privacy data, and other controlled unclassified information.

H.2 NON-DISCLOSURE

DOT reserves the right to require that this Solicitation’s resulting contract-awardee-company—and its personnel involved in the performance of that resulting contract— execute, prior to the performance of any work, one or more Non-Disclosure Agreements

(NDAs), even for un-classified materials. Any such Non-Disclosure Agreement(s) would likely prohibit the disclosure of any information that contractor-employees will have access to in the performance of that resulting contract. Some, but not necessarily all, of the considerations and circumstances underlying that reservation-of-right are as follows:

• Sensitive Information: Even unclassified documents may contain sensitive but not classified information. This could include personnel information, trade secrets of contractors, or other data that the government or contractor would prefer not be publicly released.

• Controlled Unclassified Information (CUI): Documents may be designated as CUI, which requires specific handling procedures for protection. A NDR can help ensure compliance with these procedures.

• Maintaining Trust: A NDR reinforces the importance of confidentiality and protects the Departments reputation for handling information securely.

However, the specific requirements of any such NDR(s) will depend on the type of information being destroyed. The following are some additional considerations underlying DOT’s reservation of its right to require NDA(s):

• Specificity: Any such NDA(s) should clearly define what information is considered confidential and the duration of the non-disclosure obligation.

• Exceptions: There may be exceptions for disclosures required by law or for official government business.

• Security Measures: Any such NDA(s) would likely be integrated with, and made consistent with, the resulting contract-document’s specified security measures for the contractor to take in order to protect the information during the destruction process.

Any Non-Disclosure Agreement(s) which DOT might hereafter require this Solicitation’s resulting contract-awardee-company to execute would likely need to conform to requirements laid down in relevant regulatory authorities, including, but not necessarily limited to, one or both of the following

Executive Orders:

• Executive Order 13526: This order establishes a uniform system for classifying, safeguarding, and declassifying national security information.

• Executive Order 13556: This order addresses the safeguarding of Controlled Unclassified Information (CUI).

An additional or ancillary goal which might hereafter be pursued by DOT in drafting any Non-Disclosure

Agreement(s) to be signed by this Solicitation’s resulting contract-award-company and its employees could include the goal of helping DOT to ensure the secure destruction of unclassified documents while protecting any sensitive information they may contain.

H.3 RESTRICTIONS ON DISCLOSURE OF INFORMATION

A. Except as authorized in writing by the Contracting Officer, the Contractor shall not disclose, orally or in writing, any:

1. Proprietary Information (that is, technical information, such as trade secrets, which is proprietary to any person or firm); or

2. Privacy Information (that is, information protected under the provisions of the Privacy Act of 1974);

3. Privileged Information (that is, financial or commercial information concerning another person or firm which is privileged or personally confidential); or

4. Government Information (that is, information or data stored, processed, or handled in providing services under this Contract or which may come into the possession of the Contractor in providing services under this Contract or which may come into the possession of the Contractor in providing services under this Contract).

B. The Contractor shall not use or access any information described in paragraph A above for any purpose other than to perform this Contract in accordance with its terms and conditions.

C. The Contractor shall obtain from each of its employees a written agreement to protect all such information described in paragraph A. above against accidental or intentional disclosure. All such agreements shall be subject to the approval of the Contracting Officer. In addition, the Contractor shall require its employees, through appropriate training and promulgation of company policies and procedures, to comply with the provisions of this section.

D. The restrictions in this section do not apply to any information if and when such information becomes part of the public domain.

E. The Contractor shall include, or require the inclusion of, the substance of this

Section in all subcontracts, including lower-tier subcontracts, unless otherwise specified in writing by the Contracting Officer.

H.4 SECURITY REQUIREMENTS FOR UNCLASSIFIED INFORMATION

While it is anticipated that this Solicitation’s resulting contract-awardee-company will not have access to the DOT Network or to the Common Operating Environment (COE), it is possible that the contractor would have access to other forms of Information Technology such as hard drives, floppy disks, CD’s, thumb drives or other media devices that could end up in the bins.

Accordingly, the following are some Security Requirements for Unclassified Information which DOT reserves the right to include, in any contract-document resulting from this Solicitation, in order to address considerations relating to the destruction of IT equipment and media:

Data Sanitization:

• Method: Data sanitization method required. This could be:

o Overwriting: Overwriting the entire storage media with a specific pattern multiple times to ensure data remanence is minimized.

o Degaussing: Using a strong magnetic field to erase data on magnetic media (hard drives, floppy disks).

o Cryptographic Erasure: Utilizing software tools that use encryption keys to permanently erase data.

o Verification: Require the contractor to verify successful data sanitization using industry-standard verification tools.

Physical Destruction:

• Standard: A physical destruction standard for media that cannot be sanitized electronically (e.g., physically shredding hard drives, crushing floppy disks).

• Witnessing: Requiring witnessing of the physical destruction process by government personnel for added security.

Chain of Custody:

• Documentation: A requirement that the contractor maintain a documented chain of custody for all equipment and media from pick-up to destruction.

• Secure Storage: Secure storage requirements for the equipment and media while in the contractor's possession.

Security Personnel:

• Background Checks: A requirement for background checks for all contractor personnel who will handle the equipment and media. (All prospective offerors should assume that all of the winning offeror’s contractor-personnel will be required to undergo and pass background checks.)

Reporting:

• Destruction Certificate: A requirement for the contractor to provide a certificate of destruction with details about the sanitization/destruction method used and verification results.

• Incident Reporting: A requirement that the contractor report any incidents involving loss, damage, or unauthorized access to the equipment or media.

Additional Considerations:

• Compliance with Regulations: A requirement that the contractor comply with any and all relevant federal regulations or agency-specific policies regarding information security and data destruction (e.g., NIST Special Publication 800-88).

• Insurance: A requirement that the contractor carry adequate insurance to cover any potential loss or damage to the equipment and media.

• Training: A requirement that the contractor’s personnel fulfill any training requirements pertaining to data security and destruction procedures.

On of DOT’s goals underlying the considerations set forth above would be to ensure the secure and compliant destruction of unclassified information even on outdated IT equipment and media.

H.5 PROTECTION INOFRMATION AND INFORMATION SYSTEMS

H.5.1 It is anticipated that, in performance of this contract, the Contractor may have access to, and be furnished with, Government owned source codes, data or other information. In some cases, the information may be sensitive to disclosure to the public. In all circumstances, the Contractor shall ensure compliance with all Federal, DOT, and IT security regulations and requirements. The information made available to the Contractor through this contract shall not be disclosed or used for any other purpose without the prior written permission of the DOT

Contracting Officer. These restrictions shall not apply to material currently published by the DOT and available in the public domain, or material obtained by the Contractor about the DOT systems independent of Government sources.

H.5.2 The contractor shall be responsible for the IT security for all systems operated by them or connected by them to a DOT network, regardless of location.