DRAFT - Attachment 1 - STORM PWS 02.28.2024.pdf

Attachment 1

U.S. Department of Transportation Federal Railroad Administration

Support Technical Oversight Review Monitoring

Performance Work Statement February 28, 2024

1. GENERAL: This Performance Work Statement (PWS) is for a multiple award Blanket Purchase Agreement (BPA) for non-personal services to provide support to the U.S. Department of Transportation (DOT), Federal Railroad Administration (FRA) for Support, Technical, Oversight, Review, and Monitoring (STORM) program of grants, loans, and other projects. The Government shall not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government.

1.1 Description of Services/Introduction: The Contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items identified in Paragraph 4 necessary to provide professional services in support of STORM as defined in this Performance Work Statement (PWS) except for those items specified as Government furnished property and services in Paragraph 3.

1.2 Background: The STORM program supports the monitoring of various programs within FRA. Through these programs, FRA utilizes statutory authority 2 CFR Part 200 to administer grant and loan programs to assist State and other eligible entities (recipients or borrowers, herein referred to as recipients) in financing the planning, acquisition, design, construction, and/or improvement of freight rail and intercity passenger rail infrastructure, facilities, and equipment, as well as rail service operating support for Amtrak.

The grant and loan programs administered and overseen by FRA have grown exponentially in both the number of awarded projects and amount of funds available over the years. FRA’s grant and loan portfolio continues to grow distributed across multiple programs located throughout the entire United States. These projects are in various stages of development, including, planning, environmental review, preliminary design, final design, construction, and operation. To administer its grants and loans, FRA has organized its staff into multi-disciplinary teams that are responsible for grants and projects within FRA.

1.3 Objectives: FRA is seeking resources to execute its mission to support project goals of all recipients while conducting oversight and protect its investment of taxpayer funds. STORM Contractors (herein referred to as the Contractor) will provide support to FRA to ensure the successful performance of program support, technical assistance, oversight, compliance reviews, and project monitoring for orders issued under this BPA. Currently, FRA is seeking contracted STORM support services for rail projects receiving Federal funding or involving Federal actions.

1 The MTAS (Monitoring and Technical Assistance Support) program is the precursor to STORM.

This PWS describes the type of STORM services that FRA will require from the BPA as specified per individual orders. Orders are anticipated to require long-term, rapid response, and short-term support in the task areas described herein.

STORM support to FRA to be ordered under this BPA includes such task areas as: program support, technical assistance, oversight, compliance reviews, and project monitoring. BPA orders may include providing support to FRA with preparing reports, memoranda, presentations, and materials associated with the task areas addressed in this BPA PWS and as specified in individual BPA orders.

1.4 Scope: This PWS is organized into the following three task areas:

Task Area 1 – STORM Program Support A. Monitoring Program Support B. Implementation and Transition Plans C. Meeting and Teleconference Support D. Ancillary Support

Task Area 2 – Monitoring and Reviews

A. Compliance Reviews B. Performance Monitoring C. Financial Monitoring D. Project Oversight Reviews

Task Area 3 – Deliverable Review and Technical Assistance

A. Deliverable Reviews B. Technical Assistance C. Technical Studies and Papers

1.5 Ordering Period: The Blanket Purchase Agreement shall have an ordering period of a single five (5) year period.

1.6 Quality:

1.6.1 Quality Control: The Contractor shall develop and maintain an effective quality control program to ensure services are performed in accordance with this PWS. The Contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The Contractor’s quality control program is the means by which the Contractor assures itself that work complies with the requirement of the contract. The Government shall rely on the Contractor’s quality assurance systems; however, the Government reserves the right to perform inspections on services provided to the extent deemed necessary to protect the Government’s interests. The Contrac tor must control the quality of the services and deliverables provided in support of this BPA and maintain substantiating evidence that services conform to quality requirements and furnish such information to the Government, if requested.

1.6.2 Quality Assurance: The Government shall evaluate the Contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan (QASP). This plan is primarily focused on what the Government must do to ensure that the Contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable quality levels (AQL).

1.7 Work Schedule:

1.7.1 Hours of Operation: The Contractor shall maintain continuous performance regardless of vacations, sick leave, or other reasons affecting personnel availability and shall maintain the ability to respond to and perform assignments with high quality services within stringent time frames. Work will typically be during normal Government workdays (Monday through Friday), generally between the hours of 8:00 am and 5:00 pm local time, although weekend, holiday and staggered shifts may be required for certain support services. Local time will be clarified by FRA, as it may mean local to FRA staff or local to Recipient. A normal workday is eight hours not including a lunch break, a total work week should not exceed forty hours. If constraints are present that are requiring that Contractor personnel to work significantly beyond a 40-hour work week, the COR will be notified. No overtime is foreseen. If overtime is necessary, this will be addressed at the BPA order(s) level. The Contractor must provide adequate support to ensure available resources for all activities. If its staff cannot meet the demand, the Contractor must provide additional resources in order to ensure the productivity of its staff and responsiveness to

FRA.

1.7.2 Staffing Requirements/Federal Holidays and Other Closures:

The Federal Government observes the holidays listed below:

• New Year’s Day

• Martin Luther King Jr. Birthday

• Washington’s Birthday

• Memorial Day

• Juneteenth National Independence Day

• Independence Day

• Labor Day

• Columbus Day

• Veterans Day

• Thanksgiving Day

• Christmas Day

Any other day designated by Federal statute. Any other day designated by Executive Order.

Any other day designated by Presidential proclamation.

When any such day falls on a Saturday, the preceding Friday is observed; when any such day falls on Sunday, the following Monday is observed.

Contractor personnel are not eligible for administrative leave granted to FRA Federal employees.

If administrative leave is granted to Contractor personnel as a result of inclement weather, as a result of potentially hazardous conditions, or as a result of other special circumstances, it may be with loss to the Contractor depending on the BPA Order Type.

The Contractor shall have the personnel, organization, and administrative control necessary to ensure that the services performed meet all terms and conditions of the BPA and the BPA orders.

The work history of the Contractor’s proposed employees shall contain appropriate experience directly related to the functions to be assigned within industry standards, the STORM Labor Category Position Descriptions Qualifications and the GSA contract labor categories.

The Contractor shall ensure that personnel used in performance of this BPA shall exhibit professional behavior, possess strong interpersonal skills in both oral and written communications, and employ a good understanding of customer satisfaction through quality service. If personnel are not able to maintain a professional, acceptable relationship with FRA staff, or it is determined by FRA that personnel do not possess the experience needed for a project, the Contractor will be expected to remove and replace personnel within 10 business days. Customer service must be maintained at all times.

1.7.3 Notice of Personal Time Off (PTO):

The Government does not approve Contractor’s PTO, early release, telework, etc. Notice of PTO requires advance notification only. Required services shall be uninterrupted. Advance notices of key personnel identified by the FRA Project Manager shall be provided to the COR as follows:

PTO 1 day or less = notify COR as soon as known PTO more than 1 day up to 3 days = provide COR 24 hour notice PTO more than 3 days = provide COR/Task Monitor 1 week notice

1.7.4 Telework:

1.7.4.1 Telework and Remote Work:

Telework and Remote Work is authorized and may be identified at the BPA order level.

1.7.4.2 Surge or Overtime Requirements:

If constraints are present that are requiring that Contractor personnel to work significantly beyond a 40-hour work week, the COR shall be notified. No overtime is foreseen. However, if overtime is necessary, this will be addressed at the BPA Order level by the Ordering Contracting Officer (OCO). The Contractor must provide adequate support to ensure available resources for all activities. No overtime premiums or funds will be provided. If any labor category is considered non-exempt (i.e., the Service Contract Labor Standards apply), the CO must negotiate and fund overtime rates in advance of any overtime being worked.

1.8 Place of Performance: The work to be performed under this BPA shall be performed at various site locations within the United States and its territories and shall be identified at the BPA Order level. If the Contractor does not provide nationwide coverage (coverage within all states and territories), the Contractor must provide a list of all locations where the Contractor does not provide coverage in their response at the BPA level and the BPA order(s) level. A Contractor may be awarded a BPA without having nationwide coverage.

Period of Performance

1.9 Type of Contract: This BPA allows any subsequent BPA Orders to be established for Services, Travel and Other Direct Costs (ODCs).

Services may be Firm Fixed Price (FFP), Time and Material (T&M) or a hybrid of FFP & T&M.

The BPA Order type shall be determined by the OCO.

Travel in support of STORM may be established in accordance with Federal Travel Regulations (FTR) and reimbursed on a cost reimbursement basis. The total obligation and Not-to-Exceed (NTE) amounts shall be identified.

ODCs in support of STORM may be established on a cost reimbursement basis. The total obligation and NTE amounts shall be identified.

Contract Line Item Number (CLINs) shall be in accordance with the Transportation Acquisition Manual (TAM) 1204.10, Uniform Use of Line Items and shall align with the Line Item Number Values outlined in TAM 1204 Appendix E, Sample Line Item Guidance on a Standard Form

(SF) 1449.

1.10 Security Requirements:

1.10.1 Physical Security: The Contractor shall be responsible for safeguarding all Government equipment, information and property provided for Contractor use.

1.10.2 Key Control: Not applicable.

1.10.3 Information Security Requirements: Access to Sensitive Information. Work under the BPA may involve access to sensitive information* which shall not be disclosed by the Contractor unless authorized by the CO. To protect sensitive information, the Contractor shall provide training to any Contractor employee authorized access to sensitive information and, upon request of the Government, provide information as to an individual’s suitability to have such authorization. Contractor employees found by the Government to be unsuitable or whose employment is deemed contrary to the public interest or inconsistent with the best interest of national security may be prevented from performing work under the particular BPA when requested by the CO. At the discretion of FRA, a formal Non-disclosure Agreement for each staff member accessing sensitive information may be required.

The Contractor shall ensure that Contractor employees engaged with sensitive information 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 by Immigration and Naturalization Service documentation; and (2) have background investigations in accordance with DOT Order 1632.2B, Personnel Security Management.

The Contractor shall include the above requirements in any subcontract awarded involving access to Government facilities, sensitive information, and/or resources.

* Sensitive information is proprietary data or other information that, if subject to unauthorized access, modification, loss, or misuse could adversely affect national interest, conduct of Federal programs, or privacy of individuals specified in the Privacy Act, but has not been specifically authorized to be kept secret in the interest of national defense or foreign policy under an Executive Order or Act of Congress.

In addition to the work requirements specified in the BPA, Contractors shall ensure that all electronic documents that they prepare will meet the requirements of Section 508 of the Rehabilitation Act. The act requires that all electronic products prepared for the Federal Government be accessible to persons with disabilities, including those with vision, hearing, cognitive, and mobility impairments.

1.11 Post Award Conference/Periodic Progress Meetings: The Contractor agrees to attend any post award conference convened by the contracting activity or contract administration office in accordance with Federal Acquisition Regulation Subpart 42.5. The CO, COR, and other Government personnel, as appropriate, may meet periodically with the Contractor to review the Contractor's performance. At these meetings the CO or COR will apprise the Contractor of how the Government views the Contractor's performance and the Contractor will apprise the Government of problems, if any, being experienced. Aside from the periodic meetings, the CO/COR must be notified of any situation needing immediate attention as soon as practicable.

1.12 Contracting Officer Representative (COR): The Contracting Officer is the only individual authorized to enter into or terminate this contract, modify any term or condition of this contract, waive any requirement of this contract, or accept nonconforming work delivered under this contract.

(a) The Contracting Officer designates Roxanne Ledesma as the Contracting Officer’s Representative (COR). The COR’s responsibilities shall include technical monitoring of the Contractor’s performance and inspecting and accepting deliveries under the BPA. The COR shall be appointed in writing, at which time all of the responsibilities of the COR shall be detailed, and a copy of the appointment memorandum shall be furnished to the Contractor. Any changes to the COR delegation shall be made in writing, either by changes to the existing memorandum, or by issuance of a new appointment memorandum. Copies of any changes shall be provided to the Contractor.

(b) The COR is not authorized to perform, formally or informally, any of the following actions:

(1) Promise, award, agree to award, or execute any contract, contract modification, or notice of intent that changes or may change this contract;

(2) Waive or agree to any modification of the delivery schedule;

(3) Make any final decision on any contract matter subject to the Disputes Clause;

(4) Terminate, for any reason, the Contractor’s right to proceed, or issue any order causing the Contractor to stop work;

(5) Obligate in any way, the payment of money by the Government.

(c) The Contractor shall comply with the written or oral direction of the Contracting Officer or authorized representative(s) acting within the scope and authority of the appointment memorandum. The Contractor need not proceed with direction that it considers having been issued without proper authority. The Contractor shall notify the Contracting Officer in writing, with as much detail as possible, when the COR has taken an action or has issued direction (written or oral) that the Contractor considers exceeding the COR’s appointment, within 3 days of the occurrence. Unless otherwise provided in this BPA, the Contractor assumes all costs, risks, liabilities, and consequences of performing any work it is directed to perform that falls within any of the categories defined in paragraph (c) prior to receipt of the Contracting Officer’s response issued under paragraph (e) of this clause.

(d) The Contracting Officer shall respond in writing within 30 days to any notice made under paragraph (d) of this clause. A failure of the parties to agree upon the nature of a direction, or upon the contract action to be taken with respect thereto, shall be subject to the provisions of the disputes clause of this contract.

(e) The Contractor shall provide copies of all correspondence to the Contracting Officer and the COR.

(f) Any action(s) taken by the Contractor, in response to any direction given by any person acting on behalf of the Government or any Government official other than the Contracting Officer or the COR acting within their appointment, shall be at the Contractor’s risk.

1.13 Contractor Personnel:

1.13.1 BPA Manager: The Contractor shall provide a BPA manager who shall be responsible for the performance of the work. The name of this person and an alternate who shall act for the Contractor when the manager is absent shall be designated in writing to the COR and the CO.

The Ordering Contracting Officer may identify additional or alternative work schedules and may be identified at the BPA Order level.

1.13.2 Essential Personnel:

Key Personnel may be identified at the BPA Order level and shall be in accordance with Transportation Acquisition Regulation (TAR) clause 1252.237-73, Key Personnel.

1.13.3 Special Qualifications:

The Contractor is responsible for ensuring all employees possess and maintain any professional certifications that may be required during the execution of any subsequent BPA Orders

1.13.4 Stability of Contractor Workforce:

Experienced, professional and/or technical personnel are essential for successful accomplishment of the work to be performed under this contract. The Contractor agrees that such personnel shall not be removed from the contract work or replaced without compliance with the following:

1) If one or more of the personnel, for any reason other than time off approved under Contractor’s leave policy, becomes, or is expected to become unavailable for work under this contract for a continuous period exceeding 30 workdays, or is expected to devote substantially less effort to the work than indicated in the proposal or initially anticipated, the Contractor shall promptly replace personnel with personnel of equal or exceeding ability and qualifications.

2) If the Contracting Officer determines that suitable and timely replacement of personnel who have been reassigned, terminated, or have otherwise become unavailable for the contract work is not reasonably forthcoming or that the resultant reduction of productive effort would be so substantial as to impair successful completion of the contract, the Contracting Officer may apply any remedy available under the contract for non-performance.

3) Contractor agrees to take no action or execute any employment agreements that would impede a successor Contractor's ability to recruit and retain incumbent personnel.

1.13.5 Identification of Contractor Employees: IT systems, and/or fingerprints shall be in accordance with Transportation Acquisition Regulation (TAR) 1252.204-70, Contractor Personnel Security and Agency Access.

1.14 Other Direct Costs: Not Applicable.

1.14.1 Travel: Travel must be identified in the BPA order level. Prior to commencing travel, the Contractor shall obtain a pre-approval, in writing via a Travel Authorization Request (TAR), from the designated BPA Order COR. Under no circumstances will travel without COR pre-approval be reimbursed. If travel is required, the Contractor will be reimbursed for non-local transportation costs (greater than 75 miles from the individual’s physical work location) and travel allowances for Contractor employees in accordance with the Federal Travel Regulations (FTR) governing the travel performed directly referable to the BPA order(s). Such transportation costs will not be reimbursed in an amount greater than the cost of, and time required for a refundable coach class commercially scheduled air or ground travel by the most expeditious route. If coach air or ground transportation is not available, the Contractor must certify this fact in the voucher or other documents retained as a part of BPA order(s) records used to support claims or post-audit, the COR is required to pre-approve the travel in these situations. However, justification will be needed to describe why travel could not be rescheduled to meet transportation cost requirements. The Contractor will schedule travel in advance to avoid falling outside of applicable travel cost. The Contractor shall use government city-pair contract airlines and fares where available. All travel documentation with required receipts, including the BPA order COR’s pre-approval, must be included with the invoice. The GSA Per Diem Rates must be reviewed to ensure compliance for all fiscal years and location of travel:

https://www.gsa.gov/travel/plan-book/per-diem-rates. The COR will have final approval of travel costs when reviewing the monthly invoices and travel costs, if applicable.

1.15 Other Direct Costs (ODCs): Any Other Direct Costs must be identified at the BPA order level. If ODCs are applicable, all expenditures must be pre-authorized by the COR and are subject to the limitation of funds specified in the BPA Order.

1.16 Data Rights: The Government has unlimited rights to all documents/material produced under this contract. All documents and materials, to include the source codes of any software, produced under this contract shall be Government owned and are the property of the Government with all rights and privileges of ownership/copyright belonging exclusively to the Government.

These documents and materials may not be used or sold by the Contractor without written permission from the CO. All materials supplied to the Government shall be the sole property of the Government and may not be used for any other purpose. This right does not abrogate any other Government rights.

1.17 Disclosure of Conflict of Interest: The Contractor shall provide a brief statement in the quotation that describes in a concise manner all past, present or planned organizational, contractual, or other interest(s), which may affect the Contractor’s ability to perform the proposed BPA in an impartial and objective manner. The Contracting Officer will review the statement submitted and may require additional relevant information from the Offerors. In accordance with Federal Acquisition Regulation (FAR) Subpart 9.5, all such information, and any other relevant information known to the Government, will be used to determine whether an award to the Contractor may create an actual or potential conflict of interest. If any such conflict of interest is found to exist, the Contracting Officer may (1) disqualify the Contractor, or (2) determine that it is otherwise in the best interest of the Government to contract with the Contractor and include appropriate provisions to mitigate or avoid such conflict in the awarded BPA. Additional Conflicts of Interest shall also be identified at the BPA Order level.

Failure to furnish all information required may result in a quotation being considered non-responsive.

Additionally, if a potential conflict of interest arises after the order is awarded, the contractor shall notify the COR of the situation and the surrounding circumstances along with a proposed mitigation strategy. After appropriate investigation and consideration, the COR will notify the Contractor if additional steps will be necessary to address the conflict or if they may proceed with providing support.

1.18 Transition: Transition (Beginning of BPA/End of BPA): The Contractor shall provide services needed to assist in a smooth and orderly transition between the incumbent Contractor and a successor Contractor to ensure minimum disruption to vital Government business. These services may include but are not limited to data and other file transfer, material transfer, coordination with existing Contractor, and other activities to assist in an orderly transfer and https://www.gsa.gov/travel/plan-book/per-diem-rates establishment of continued operation of the contract services. The Contractor shall cooperate fully in the transition.

1.19 Section 504 and 508 Standards: In addition to the work requirements specified in this Performance Work Statement, the Contractor must ensure that all electronic documents that they prepare will meet the requirements of Section 508 of the Rehabilitation Act. The act requires that all electronic products prepared for the Federal Government be accessible to persons with disabilities, including those with vision, hearing, cognitive, and mobility impairments. The Contractor can view Section 508 of the Rehabilitation Act (http://www.access-board.gov/508.htm) and the Federal IT Accessibility Initiative (Home Page) (http://section508.gov/) for detailed information.

Applicable Standards:

The following standards have been determined to be applicable to this BPA:

X 1194.21 Software applications and operating systems.

X 1194.22 Web-based intranet and Internet information and applications.

X 1194.23 Telecommunications products.

X 1194.24 Video and multimedia products.

X 1194.25 Self-contained, closed products.

X 1194.26 Desktop and portable computers

The standards are available at http://www.access-board.gov/sec508/standards.htm. The standards do not require the installation of specific accessibility-related software or the attachment of an assistive technology device, but merely require that the Electronic and Information Technology (EIT) be compatible with such software and devices so that it can be made accessible, if so, required by the agency, in the future.

The following paragraphs summarize the requirements for preparing FRA reports in conformance with Section 508 for eventual posting by FRA to an FRA-sponsored website. If there are further questions, please contact FRA Contracting Officer’s Representative listed in this statement of work.

The Contractor will provide a text equivalent for every non-text element in all publications prepared in electronic format. Use descriptions (such as, "alt" and "longdesc") for all non-text images or place them in element content. For all documents prepared, the Contractor must prepare one standard HTML format (as described in this statement of work) and one text format that includes descriptions for all non-text images. “Text equivalent” means text sufficient to http://www.access-board.gov/508.htm http://www.access-board.gov/508.htm http://section508.gov/ http://www.access-board.gov/sec508/standards.htm reasonably describe the image. For example, an image that is merely decorative requires only a very brief “text equivalent” description. However, if the image conveys information that is important to the content of the report, then text sufficient to reasonably describe that image and its purpose within the context of the report must be provided.

When preparing tables that are heavily designed, the Contractor will provide adequate alternate information so that assistive technologies can read them out. the Contractor will identify row and column headers for data tables and provide the information in a non-linear form. Markup shall be used to associate data cells and header cells for data tables that have two or more logical levels of row or column headers.

When electronic forms are designed to be completed online, the form shall allow people using assistive technology to access the information, field elements, and functionality required for completion and submission of the form, including all directions and cues.

While Section 508 addresses accessibility issues relative to electronic media, such as Web posting, Web sites, computer simulations, and videos, Section 504 of the Act deals with accessibility for all participants in Government training classes. Section 504 specifically addresses classroom settings, course materials and accommodations for special needs.

It has been determined that some of the deliverables to be developed under this contract are subject to the requirements of Sections 504 and 508 of the Rehabilitation Act of 1973, as amended. Unless otherwise indicated, by submission of their proposal and acceptance of award, the Contractor represents that all required 504 and 508 compliance requirements will be met.

Contractors shall provide documentation of testing of all electronic materials and submit proof of compliance testing (results, reports, etc.). This documentation shall accompany the submitted final deliverables. The Government is not responsible for providing Section 508 guidance and training.

All electronic and information technology (EIT) procured through this contract must meet the applicable accessibility standards at 36 CFR 1194, unless an agency exception to this requirement exists. 36 CFR 1194 implements Section 508 of the Rehabilitation Act of 1973, as amended. EIT is defined as any equipment or interconnected system or subsystem of equipment that is used in the creation, conversion, or duplication of data or information, or used in the automatic acquisition, storage, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information. EIT includes, but is not limited to, telecommunications products (such as telephones), information kiosks and transaction machines, World Wide Web sites, multimedia, office equipment such as copiers and fax machines. It includes computers, ancillary equipment, software, firmware and similar procedures, services (including support services), and related resources.

The Contractors must ensure that all EIT that they provide either (1) meets the technical provisions of the Section 508 Access Board Standards applicable to a given procurement (see below) or (2) uses designs or technologies as alternatives to those prescribed in the specified technical provisions, provided they result in substantially equivalent or greater access to and use of a product for people with disabilities.

1.20 Funding: Funding shall be addressed in the subsequent BPA Orders.

1.21 Restrictions and Standards of Conduct: The Contractor and all contractor employees shall conduct only business covered by the BPA Orders during the periods paid for by the Government and shall not conduct any other business on Government premises. Contractor personnel shall abide by all rules and regulations applicable to Government premises, including any applicable safety and security regulations.

1.22 Contractor Performance Evaluations: Evaluations shall be conducted in accordance with the Local Clause found in the CPARS Attachment, named Post Award Evaluation of Contractor Performance. Any additional reference information can be accessed at Contractor Performance Assessment Reporting System (cpars.gov)

1.23 Administrative Information

INVOICING REQUIREMENTS

Invoicing for non-personal services shall be submitted to FRA electronically via the Delphi eInvoicing web-portal, which is accessed and authenticated via www.login.gov

All persons accessing the Delphi eInvoicing web-portal will be required to have their own unique user Delphi eInvoicing ID and password and be credentialed through login.gov. To initiate this process, you are requested to provide FRA with information (company name, contract/task order number/purchase order (PO) number, and up to two Point of Contact (POC) full names and their email addresses) as shown below.

(1) Company Name

(2) FRA Contract #/ Task Order #

(3) Primary POC Full Name

(4) Primary POC email

(5) Secondary POC Full Name

(6) Secondary POC email

Email the above information to the following email address: FRAEInvoicing@dot.gov. Please note that the POCs you provide are the individuals you authorize to submit invoices to FRA on behalf of your company. Your POCs will then receive a welcome letter from Delphi eInvoicing processing center with instructions on creating a Login.gov user account. This account can then be used to access the eInvoicing web-portal.

Invoices for BPA Orders shall contain the following:

(1) Completed Standard Form (SF) 1034, Public Voucher for Purchases and Services other than Personal.

(2) Completed BPA Order Invoice Detail Spreadsheet

(3) Travel Costs with breakdown of reimbursable expenses with the appropriate receipts.

(4) Other Direct Costs (ODCs) receipts shall be submitted.

https://cpars.gov/ https://cpars.gov/ http://www.login.gov/

(5) Any other invoicing directions or deviations shall be provided at the BPA order level.

PAYMENTS

Payments shall be made in accordance with FAR 52.232-1, Payments (APR, 1984).

The Government shall pay the Contractor, upon the submission of proper invoices or vouchers, the prices stipulated in the BPA Order for supplies delivered and accepted or services rendered and accepted, less any deductions provided in this contract. Unless otherwise specified in this contract, payment shall be made on partial deliveries accepted by the Government if-

(a) The amount due on the deliveries warrants it; or

(b) The Contractor requests it and the amount due on the deliveries is at least $1,000 or 50 percent of the total contract price.

1.24 Non-Disclosure Agreement: It is understood that as part of the official duties under the STORM Blanket Purchase Agreement (BPA) Orders with FRA, that the Contractor may come in contact with sensitive information including Personally Identifiable Information (PII), security sensitive information, Government procurement sensitive information, or proprietary business information from other contractors (e.g., cost data). The Contractor, as a government contractor employee, will certify that they will not disclose, publish, divulge, release, or make known, in any manner or to any extent, to any individual other than an appropriate or authorized Government employee, the content of any sensitive information provided during the course of their employment and herein after. The Contractor understands that for the purpose of this agreement, sensitive information includes all Personally Identifiable Information (PII), security sensitive information, proprietary business information, procurement data, contract information, plans, strategies, or other information not of a publicly released and available nature through appropriate sources.

The Contractor will further certify that they will use sensitive information only for official purposes in the performance of STORM BPA Orders and will disclose such information only to those individuals who have a specific need to know in the performance of FRA activities. The Contractor specifically will not disclose any such information to employees of their company or any other contractor employees who have not signed an applicable non-disclosure agreement.

The Contractor will take all reasonable precautions to protect against unauthorized disclosure and use of such information and prevent compromise or access by unauthorized persons that could reasonably be expected to cause damage to FRA.

These provisions are consistent with and do not supersede, conflict with, or otherwise alter the employee obligations, rights, or liabilities created by existing statute or Executive order relating to (a) classified information, (b) communications to Congress, (c) the reporting to an Inspector General of a violation of any law, rule, or regulation, or mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety, or (d) any other whistleblower protection.

The Contractor will certify that they have read the non-disclosure agreement described and are familiar with the directives and policies governing the disclosure of sensitive information. The Contractor will fully and completely observe these directives and will not disclose such information to any unauthorized person, or use any information obtained for private use or gain at any time. Attachment 5, Non-Disclosure Agreement shall be provided to the COR and CO for each employee at the BPA and the BPA Order level.

1.25 Printing Restrictions: All printing funded by this agreement must be done in conformance with Joint Committee on Printing regulations as prescribed in Title 44, United States Code, and Section 308 of Public Law 101-163, and all applicable Government Printing Office and Department of Transportation regulations.

1.26 Federal Acquisition Regulations Clauses and Provision: The FAR Clauses included in the Offeror’s GSA Schedule flow down to the RFQ, BPA and any awarded BPA Orders. Additional FAR and TAR clauses and provisions may be incorporated as applicable at the BPA Order level.

2. DEFINITIONS AND ACRONYMS:

2.1. Definitions:

2.2. Acronyms:

AQL Acceptable Quality Level CO Contracting Officer COR Contracting Officer Representative CPARS Contractor Performance Assessment Report System FFP Firm-Fixed Price FTR Federal Travel Regulations OCI Organizational Conflicts of Interest OCO Ordering Contracting Officer ODC Other Direct Costs PTO Personal Time Off PWS Performance Work Statement T&M Time-and-Materials TM Task Monitor QASP Quality Assurance Plan

3. GOVERNMENT FURNISHED ITEMS AND SERVICES:

3.1 Services (If applicable): shall be identified at the BPA order level.

3.2 Facilities (If applicable): shall be identified at the BPA order level.

3.3 Utilities (If applicable): shall be identified at the BPA order level.

3.4 Equipment (If applicable): shall be identified at the BPA order level.

3.5 Materials (If applicable): shall be identified at the BPA order level.

4. CONTRACTOR FURNISHED ITEMS AND RESPONSIBILITIES: The Contractor shall furnish all services, facilities, equipment, and materials required to perform work under this BPA that are not listed under Section 3 of the PWS. Additional Contractor furnished items and responsibilities shall be identified at the BPA Order level. It is anticipated that there will be three BPA orders for RRD-10, two BPA orders for RRD-20 and RRD-40, one BPA order for RRD-30 and six BPA orders for RRD-50 (one per Region).

5. SPECIFIC TASKS: This PWS is organized into the following three task areas:

Task Area 1 – STORM Program Support

A. Monitoring Program Support B. Implementation and Transition Plans C. Meeting and Teleconference Support D. Ancillary Support

Task Area 2 – Monitoring and Reviews

A. Compliance Reviews B. Performance Monitoring

D. Project Oversight Reviews

Task Area 3 – Deliverable Review and Technical Assistance

A. Deliverable Reviews B. Technical Assistance C. Technical Studies and Papers

5.1. TASK AREA 1 – STORM PROGRAM SUPPORT

A. Monitoring Program Support

As part of FRA’s continuing refinement of its STORM resources to the grant and loan programs, the Contractor will be required to provide support with the refinement and improvement of the monitoring program, which includes providing input, recommendations for enhancements and improvements to FRA’s program based on lessons learned from work performed under BPA orders.

B. Implementation and Transition Plans

Implementation and Transition Plans are required to describe how the Contractor will provide STORM assistance to projects under an individual BPA order. If the Contractor is transitioning into an ongoing project under a BPA order, the Contractor will develop an implementation plan to address the transition efforts to ensure continuity of monitoring with minimum disruption to the recipient. If the Contractor is transitioning out of a BPA order(s), the Contractor will develop a transition plan to report on the status of the project and any unresolved issues and key issues that the new Contractor or FRA will need to immediately address. The Contractor may be required under an order to develop an annual implementation plan (IP) to identify the program support, technical assistance, oversight, compliance reviews, and project monitoring needs required for current projects. The annual IP will be developed in consultation and coordination with FRA.

C. Meeting and Teleconference Support

The Contractor will produce deliverables for, attend, and/or present materials at meetings and teleconferences, as required under an individual BPA order. Examples of such meetings include annual meetings or conferences, quarterly meetings, monthly meetings, or periodic teleconferences. The Contractor may be required to provide technical consultation to FRA, as specified in an individual BPA order, prior to and during monthly and quarterly review meetings, in addition to preparing documentation for quarterly progress meetings, trips, reviews, and project status meetings.

D. Ancillary Support

The Contractor may be required to provide ancillary services or produce deliverables in support of unforeseen activities or other tasks, as specified in an individual BPA order. The contractor may also be required to provide post award/pre-obligation/post-obligation support, including, attending obligation meetings, reviewing pre-award authority documents, reviewing documents for the grant agreement (e.g., standard terms and conditions; statements of work, environmental documents, project schedule, project budget, performance measurements, and assurances and certifications) and monitoring Recipient pre-award work that has been authorized by FRA. Such tasks will be issued through the normal BPA order(s) process.

5.2. TASK AREA 2 – MONITORING AND REVIEWS

BPA orders may be issued for compliance reviews, performance monitoring, financial monitoring and project oversight reviews for projects located throughout the United States and its territories. These projects are in various stages of development, including planning, environmental review, preliminary design, final design, construction, and operation.

In support of all tasks as described in an individual order, the Contractor will review project documents and perform interviews in sufficient detail to become familiar with the aspects of the project pertaining to the specific BPA order(s) requirements. Typical documents to be reviewed may include design criteria, plans, specifications, environmental reports, cost estimates, third party agreements, contract packages, organizational charts, project management plans, rolling stock fleet management plans, real estate acquisition plans, operations plans, maintenance plans, start up plans, safety and security plans, project performance, forecasting analysis, applications, grant/loan agreements, and various reports. The Contractor, with the approval of the COR, will also conduct site visits, as required in the order, to review and obtain information for compliance reviews, performance monitoring, financial monitoring, and project oversight reviews. Site visits may include recipient project offices as well as active railway and construction sites.

There are two distinct types of monitoring and review activities for which support may be ordered: routine and scheduled. Routine includes periodic reviews applicable to every project as part of the management and administration of FRA’s grant and loan programs. Scheduled is an annual review of a select group of investments accomplished through formal desk reviews and/or site monitoring.

Scheduled activities typically consist of either a desk review or a desk review combined with a site review for a select group of projects that follows the six steps listed below (additional steps may be incorporated if needed):

• Select the monitoring population with the risk assessment model, portfolio balance, and exception standards;

• Schedule the review;

• Prepare with the pre-review activities checklist;

• Conduct the desk review or combined desk and site review;

• Document the review with the post-review activities checklist and report templates; and

• Complete the review and follow up, as needed.

FRA may require Contractor support in performing its monitoring and review responsibilities to ensure the accomplishment of FRA’s fundamental stewardship role and to assist recipients with identifying, avoiding problems and mitigating risk; with the goal toward having the recipient successfully implement the project, fulfill the agreed requirements for program, capacity, and quality; adequately administer and manage the project; comply with agreement terms and conditions, statutes, codes, and regulations; apply sound engineering and program/project management practices and safety standards; and maintain effective project controls.

In performing these services under an order, the Contractor will ensure that nothing is conveyed to the recipient that would indicate the recipient has been relieved of any component of its responsibilities and liabilities as the responsible party for carrying out the project under the terms of the agreement with FRA.

Monitoring and Review activities that may be ordered under this task area may include:

• Reviewing project files for compliance with terms and conditions of the grant or agreement with FRA;

• Support FRA in interactions with the recipient and affiliated entities (e.g., interviews, discussions, meetings, or other);

• Assisting with assessing recipients’ technical capacity and capability to manage the projects and to meet goals related to scope, schedule, budget, quality, and safety;

• Investigating project conditions and core documents, visiting project sites, and reviewing pertinent documents, all in sufficient detail as to become familiar with the proposed project goals, site conditions, design criteria, operations plans, drawings and specifications, value engineering studies, peer and constructability reviews, schedules, cost estimates, risks, bid packages, contracts, progress of construction, methodology for resolving changes and claims, and project closeout;

• Conferring on any findings, identifying problems and uncertainties, making recommendations, providing professional opinions, and proactively assisting in solving problems, to Government representatives;

• Assisting in the preparation of supporting reports and presentations; and

• Assisting in the presentation of information to other groups such as recipients, project teams, public bodies, government groups at all levels, and peer groups.

As an example, a BPA order for monitoring and review support could include requiring assistance with investigation, examination, and checking to determine if the project is on schedule, within budget, and proceeding in conformance with the recipient’s approved plans, specifications, and the grant or agreement with FRA; further, assist with assessing if the project is being implemented efficiently, effectively, and safely and that the recipient’s organization continues to demonstrate the required technical capacity to successfully complete the project.

As specified in an individual BPA order, the Contractor support may involve conducting observations and analysis, and providing recommendations to the Government on the recipient’s project management practices and monitor the recipient’s competence in the use of project control tools related to schedule, cost, and risk. On a more periodic basis, the Contractor may be tasked under an order with reviewing the recipient’s project documents such as drawings, specifications, design criteria reports, construction communications, schedules, cost estimates, risk assessments, vehicle and equipment procurement, and management plans. An order may require support with intensive reviews during a project phase with the intention of gaining a true up-to-date picture of the project status for scope, schedule, cost, risk, and technical capacity of the recipient to successfully manage the project.

As specified in an individual order for routine and periodic monitoring, the Contractor is expected to proactively engage with the recipient to identify problems, offer alternative approaches, and solutions to problems. The Contractor will document its findings, professional opinions, and recommendations in required reports to FRA. When the Contractor perceives the recipient needs technical assistance, the Contractor is required to communicate this need to FRA.

FRA’s monitoring program includes four components:

(a) Compliance Monitoring

(b) Performance Monitoring

(c) Financial Monitoring

(d) Project Oversight Reviews

(1) The compliance component measures how well recipients are following the terms of the grant or loan agreement and applicable rules, regulations, or statutes.

(2) Programmatic performance assesses the substantive portions of projects such as the scope, schedule, and budget that are described in the agreement’s statement of work as well as applicable regulations and program requirements.