DRAFT SUPPORT FOR FMCSA POLICY PLANS and REGULATIONS PWS -RFI Dec 02 2020.pdf

Procurement Forecast Opportunity

199461-MC-P-001

SUPPORT FOR FMCSA POLICY, PLANS, and REGULATIONS

PERFORMANCE WORK STATEMENT (PWS)

SUPPORT FOR FMCSA POLICY, PLANS, and REGULATIONS

PERFORMANCE WORK STATEMENT

A. INTRODUCTION

The Federal Motor Carrier Safety Administration (FMCSA) was established within the Department of Transportation (DOT) on January 1, 2000, pursuant to the Motor Carrier Safety Improvement Act of 1999 [Public Law No. 106-159, 113 Stat. 1748 (December 9, 1999)].

FMCSA’s primary mission is to reduce crashes, injuries and fatalities involving large trucks and buses. FMCSA also has authority to regulate the practices of motor carriers, drivers, and other individuals associated with the commercial transport of goods, services, and passengers. The overall purpose of this acquisition is to award a contract to satisfy all requirements in accordance with the specifications set out in this Performance Work Statement (PWS).

B. BACKGROUND

The Office of Policy, Strategic Planning, and Regulations manages the research and development of all policy documents supporting regulatory proposals and decisions. The Regulatory Development Division manages and oversees all rulemaking projects. As the FMCSA, focal point for rulemaking, the Division provides technical assistance and advice to the various FMCSA offices in making sound and appropriate rulemaking decisions; prepares documents as part of the rulemaking process; and coordinates the review, revision, approval, and issuance of rulemaking documents. The Division requires, Contractor editors and analysts to assist them in producing and editing documents necessary to inform FMCSA program managers and executives who make final policy decisions.

The Office’s Regulatory Evaluation Division provides economic, environmental, and statistical support for all FMCSAs rulemaking projects. The Division also conducts special studies and initiatives. The evaluation division requires Contractor economists to assist them with analysis, literature reviews, identification of data sources computations, and the writing of economic documents that inform FMCSA program managers and executives who make final policy decisions.

C. GENERAL REQUIREMENTS

This contract will support FMCSA regulatory, and economic policy development. Support includes writing and editing documents maintaining FMCSA policies, plans, and regulations and development of Regulatory Evaluations, including regulatory impact assessments, regulatory flexibility act analyses, unfunded mandates act analyses, paperwork reduction act analyses (as applicable to the regulatory evaluation), and National Environmental Policy Act (NEPA) analyses, as applicable.

The documents shall be publication-ready documents that conform to all the requirements of this PWS and are consistent with the quality of documents that FMCSA routinely presents to the Secretary of Transportation, Congress, and the public. These documents may include policy support documents; rulemaking support papers; comment analyses and summaries; economic assessments and analyses; special studies; and other documents supporting FMCSA proposals and decisions.

The subjects of this work may include motor carrier licensing, financial responsibility, driver training, safety fitness determinations, bus inspections, health and safety regulations, commercial non-safety-related issues, public comment analysis, writing and editing policy support documents and Federal Register manuscripts.

The period of performance shall be twelve (12) months from the date of award, plus four (4) one-year option periods each. The transition period for contract Phase-in is: 30-60 Days. The transition period for contract Phase-out is: 30 – 60 Days.

Unless stated otherwise, the Contractor is primarily expected to provide services off-site. The Contractor shall furnish all facilities, materials, equipment, and services necessary to perform the requirements of this contract. There may be rare occasions where circumstances may necessitate that the Contractor meets with FMCSA staff at the Federal Motor Carrier Safety Administration Headquarters facilities at: 1200 New Jersey Avenue, SE, Washington, D.C.

20950.

Annual Level of Effort, Hours of Performance, and Overtime.

The Government shall expect a non-specified number of Contractor employees to work on a project by project basis off-site. However, there may be occasions where the Government may require the Contractors to be on-site.

Contractor employees shall generally perform all work between the core hours of 8:00 a.m. and 5:00 p.m. ET, Monday through Friday (except Federal holidays).

Exceptions for Hours of Performance and Overtime Work. Contractor employees may, on occasion, need to work or travel more than 8 hours a day, on weekends, and on holidays to accomplish priority tasks. Such work may occur outside the core hours of operation. The Government shall not pay the Contractor overtime rates for daily work in excess of 8 hours or weekly work in excess of 40 hours, but will allow the Contractor to provide compensatory time off, as approved by the COR and Contracting Officer, to its employees after relevant deliverables have been delivered and accepted by the Government.

For example, the Government may need one of the Contractor’s employees to work 60 hours in a particular week. The Government will allow the Contractor employee to take 20 hours compensatory time off at a later, approved date within that particular period of performance after the task has been completed and accepted by the COR. The COR must receive prior approval from the Contracting Officer when allowing compensation time off.

Travel

The Contractor may be required to travel during a policy’s or initiative’s development to participate in meetings with the public or agency officials about a policy’s or initiative’s development. All travel required by the Government outside the local commuting area(s) shall be reimbursed to the Contractor in accordance with the Federal Travel Regulations contained in 41 C.F.R. Part 301-51 and government approved per diem rates. The Contractor shall be responsible for obtaining COR approval (electronic mail is acceptable) for all reimbursable travel in advance of each travel event. Receipts must be provided to the COR for all reimbursable travel.

D. SCOPE OF WORK:

The Contractor shall write and/or review policy support documents and provide specialized and expert research, advice, consultation, copyediting services, and development of FMCSA rulemaking and policy materials. These documents shall include, but are not limited to,

• Comment analyses and synopses;

• Regulatory Evaluations

• Economic assessments and analyses;

• Other specified sections from rulemaking documents; and

• Special studies or projects.

The Contractor shall submit all deliverables to the Technical Project Manager (TPM) for review and comment.

Each FMCSA economic analysis shall address the following major subtasks:

• Research of Issue(s)

• Development of Analysis

• Final Report Documentation

The Contractor shall not interpret current FMCSA policy on behalf of the FMCSA nor make decisions on items of policy, regulation, or statute. The Contractor shall not take a public position on the merits of substantive items under discussion.

Items noted as “COR and TPM Checkpoints” are deliverables or events that the COR and TPM will review and approve before the Contractor proceeds to the next deliverable or event in this Performance Work Statement.

The Government will provide access to necessary government data (for example reports such as the Motor Carrier Management Information System (MCMIS) or other in-house reporting) and information to conduct rulemaking and other regulatory issue research and policy development tasks and activities supporting this contract discussed in the Tasks below. The Contractor shall ensure government furnished information and materials remain secure within the Contractor’s control at all times until returned to the FMCSA.

As necessary and with prior agreement with the COR the Government will provide the workspace, equipment, and supplies necessary to perform any on-site Contractor services required.

E. TASKS

Task 1 PROJECT MANAGEMENT AND ADMINISTRATIVE TASKS

Contractor's Project Manager

The Contractor shall provide a Project Manager who shall be responsible for all Contractor work performed under this contract. The Project Manager is further designated as Key by the Government.

The Contractor's Project Manager shall be a single point of contact for the Contracting Officer and the COR. It is anticipated that the Contractor's Project Manager shall be one of the senior-level employees provided by the Contractor for this contract. The name of Contractor's Project Manager, and the name(s) of any alternate(s) who shall act for the Contractor in the absence of the Contractor's Project Manager, shall be provided to the Government. During any absence of the Contractor's Project Manager, only one alternate shall have full authority to act for the Contractor on all matters relating to work performed under this contract. The Contractor's Project Manager and all designated alternates shall be able to read, write, speak, and understand English. Additionally, the Contractor shall not replace the Contractor's Project Manager without a written notification to, and approval from, the Contracting Officer. The Project Manager needs at least 10 years of recent (three of which must have been within the last five years) experience in drafting regulatory documents and managing regulatory contract personnel to include the following knowledge and experience:

• Providing briefings and participating in meetings with Federal Agencies;

• Supervising Contractor staff;

• Planning and managing long term projects involving other contract staff members from research to development of rulemaking documents, analysis of comments, and development of any related guidance, and other regulatory materials (e.g., agency guidance documents, issue papers and other documents needed to facilitate high level public policy decision making);

• Knowledge of and expertise in applicable Administrative Procedure Act compliance and compliance with related statutes (e.g., Federal Advisory Committee Act, Regulatory Flexibility Act), Presidential Executive Orders, and other relevant documents (e.g., OMB directives);

• Knowledge and experience in meeting requirements of Federal Register publication;

• Awareness of pertinent court cases interpreting applicability of the relevant statutes; and

• Executive Orders, etc., to specific agency rulemaking.

The Contractor's Project Manager shall be available to the COR between the core hours of 8:00 a.m. and 5:00 p.m. ET, Monday through Friday, and shall respond to a request for discussion or resolution of technical problems within one hour of notification.

Other Requirements Expected of the Project Manager

Progress Reports

The Contractor’s Project Manager shall provide a monthly progress report no later than the 10th day of the month for each active project to the Contracting Officer and COR via electronic mail.

The Contractor’s project manager shall provide a monthly spreadsheet report no later than the 10th day of the month for each active project to the COR via electronic mail in a format acceptable to the COR. This report shall include a:

• Short title for the project;

• FMCSA TPM working on the project;

• Contractor’s staff person working with the FMCSA TPM;

• A summary of all Contractor work performed, including a breakdown of labor hours by labor category, all direct costs by line item, and any travel conducted;

• An assessment of technical progress including schedule status; and

• Any Contractor concerns or recommendations for the previous month.

Upon request of the CO/COR, the Contractor (at no additional cost to the Government) shall provide ad hoc reports within two (2) business days, to include but not limited to, financial data, program summary and detail, and technical information and to occur not more frequently than twice per period of performance.

Progress Meetings

The Contractor’s Project Manager shall be responsible for keeping the COR and any contract oversight manager informed about Contractor progress throughout the performance period of this contract. At a minimum, the Contractor’s Project Manager shall review the status and results of Contractor performance with the COR on a quarterly basis in meetings via telephone.

Progress meetings may occur on a monthly or ad hoc basis via telephone or email with the

COR.

Monthly Contractor Employee Report

FMCSA requires the Contractor to provide a current listing of all FMCSA Contractor employees with access to FMCSA computer systems which includes the date the Security Awareness Training was completed. The COR shall provide the Contractor with the spreadsheet for this report. This report shall be submitted to the COR by the 20th day of each month who shall forward it on to the FMCSA IT Security Office on the 1st of every month. This report shall indicate Contractor personnel with access to FMCSA information under this contract. All personnel must meet DOT Personnel Security Requirements.

Task 2 RESEARCH AND CONSULTATION ON POTENTIAL POLICIES

The Government will provide the Contractor with government furnished information and materials (e.g., public docket submissions) to conduct quality assurance inspections. The Contractor shall ensure government furnished information and materials remain secure within the Contractor’s control at all times until returned to FMCSA.

The Contractor shall interview FMCSA personnel (e.g. subject matter experts, economists, and enforcement specialists) about the policy issues to better understand how to write and edit documents.

The Contractor shall conduct research to stay abreast of issues relevant to FMCSA policy in order to draft and edit documents of the highest quality. Sources of information include, but are not limited to:

o FMCSA website;

o FMCSA Federal Register publications;

o FMCSA outreach materials planned; and o FMCSA regulatory guidance and enforcement policy.

The Contractor shall research and analyze public docket comments submitted for the policy as directed by the TPM. The docket comment analysis shall be usable for the particular rulemaking or policy development activity it supports.

Unless stated otherwise, the Contractor shall have the capacity to efficiently, catalog and conduct analysis of up to 20,000 comments per docket but more routinely under 500 comments in an electronic format for the project as directed by the COR or appointed TPM.

The Contractor shall enter data required to identify and track comments (e.g., comment number, date, organization and/or commenter name, commenter type, etc.). The Contractor shall also review and sort letters into general category types (e.g., form letters, duplicates, non-germane, substantive/non-substantive) and screen those that do not require further review. The results of this effort will be made available to the TPM’s project team. Through this effort the Contractor shall identify which comments are unique and sufficiently substantive to warrant extensive content analysis. Once the Contractor identifies these unique and substantive comments, the Contractor shall obtain or create text-based electronic files for each one and load them into its comment analysis system. The Contractor shall also proofread and clean up the text files of the letters.

While the Contractor is compiling and formatting the public comments, the Contractor shall also work closely with FMCSA’s subject matter experts and review background documents to prepare a detailed, hierarchical outline of the key issues for each project. This outline will serve as an organizing principle for salient comment excerpts during later tasks. In addition to developing the outline, the Contractor shall work closely with the TPM to develop protocols for bracketing and coding comment excerpts to issues (e.g., how to handle background, introductory or redundant information).

Using the issue outline developed and approved by the TPM, the Contractor shall review each unique and substantive comment letter, identify substantive excerpts within each (bracketing), and associate each excerpt to the issue(s) to which it applies (coding). The Contractor shall start this review by bracketing and coding a sample of 5 to 10 percent of the letters and obtain the TPM’s feedback on the bracketing and coding of this sample before proceeding with the remaining letters. The Contractor shall work with the TPM and FMCSA subject matter experts to ensure quality and consistency in the identification of excerpts and issues. The resulting excerpt bracketing and coding shall be entered into the Comment analysis system.

The resulting excerpt bracketing and coding shall be delivered to the TPM through the comment analysis electronic system. FMCSA reserves the unlimited right to and use of all documentation and/or other products the Contractor develops for FMCSA during the performance period of the contract and a transference of property is expected to take place upon completion of the period of performance.

The Contractor shall provide the TPM with a report within 30 calendar days after the end of each comment period that includes all salient comment excerpts sorted by issue. The Contractor shall prepare summaries of public comments received under each issue topic after the Contractor sorts the comments into issue categories, The Contractor shall: (1) Synthesize and distill the content of the unique and substantive comments and (2) Characterize the general number, source, and arguments of comments that are not unique or do not provide a substantive argument.

For comment analysis projects where FMCSA has received more than 20,000 comments by the end of a comment period date, the Contractor shall provide the TPM with a report, after the end of each comment period, as set forth in the time period agreed upon with the COR.

The Contractor shall export the "legacy" data from the comment analysis database into a searchable format (e.g., PDF file) and provide it to the TPM in electronic form at the conclusion of the project (i.e., once the TPM or FMCSA project team members no longer wish to review or analyze the public comments through the Contractor’s comment analysis database).

The Contractor shall prepare regulatory policy support documents as directed by the TPM. All regulatory policy support documents are for FMCSA senior managers and executives. The regulatory policy support documents shall summarize concisely all public docket comments, substantive issues, views of Government personnel and stakeholders.

The Contractor shall prepare a separate technical detailed report of all public docket comments, substantive and non-substantive issues, views of Government personnel and stakeholders, and detailed supporting analyses and impact assessments.

Task 3 EDIT FEDERAL REGISTER MANUSCRIPTS

The Contractor, as directed by the COR, in consultation with the TPM, shall provide editing services for documents on a as needed basis, including, but not limited to: Federal Register manuscripts of notices, NPRMs, ANPRMs, SNPRMs, final rules, and interim final rules;

economic assessments and analyses and other similar assessments such as privacy impact assessments and/or information collection supporting statements; and special studies or projects. These products shall conform to the style set out in the most current versions of the Government Printing Office Style Manual and the Office of the Federal Register Document Drafting Handbook as well as any editorial guidance issued by DOT or FMCSA.

Task 4 DEVELOPMENT OF REGULATORY EVALUATIONS AND OTHER ANALYSES

The Contractor shall conduct regulatory evaluations of FMCSA rules including preparing cost benefit analyses, cost effectiveness analyses, environmental assessments, paperwork reduction act analyses, regulatory flexibility analyses (small business impacts), unfunded mandates reform act analyses, and other quantitative evaluations, to include post publication support. In addition, the Contractor shall support Agency economists by conducting background research and analysis to support economic analyses conducted by Agency economists. Such duties will include conducting research on economic and motor carrier safety performance topics, constructing spreadsheets to calculate benefits and costs associated with proposed or final rules, and conducting statistical analyses of relevant data to inform policy decisions, among other analytical services.

All regulatory analyses, or support provided to economic analyses conducted by the Agency shall conform to the Office of Management and Budget (OMB) and USDOT guidance, (e.g.

Circular A-4, DOT, or ‘Value of Statistical Life’ report) and employ the most appropriate economic, statistical, and mathematical methodology and theory for the analytical problem or topic in question. The Contractor shall be prepared to present as necessary, discuss, and defend its analyses with senior USDOT leadership and OMB.

In addition to regulatory evaluations, the Contractor may be responsible for completing environmental analyses. These analyses would range in complexity from determining the appropriate Categorical Exclusion to drafting an environmental analysis document. The environmental analysis documents may include environmental policy support and FMCSA NEPA Order documents; and environmental checklist, Environmental Assessments (EAs), and Environmental Impact Statements (EISs); environmental briefing, presentation, and charting materials; and other environmental documents supporting FMCSA proposals and decisions.

In addition to regulatory evaluations and environmental assessments, the Contractor may be asked to provide an analysis of significant guidance. In general, these analyses would follow the same logical process as a regulatory impact assessment, but not be as in depth or require as many levels of review.

Contractor shall:

• Ensure that economic considerations are explicitly addressed and incorporated into all regulatory evaluations.

• Ensure that all work is completed by due dates assigned by the COR and/or Task Mangers.

• Ensure that assigned tasks are consistent with FMCSA policies, relevant statutes, and executive orders.

• Ensure that tasks are complete and accurate and require only minor revisions by the COR and/or Task Managers.

Task 5 DEVELOPMENT OF SPECIAL STUDIES OR PROJECTS

At the direction of the COR, the Contractor shall conduct rulemaking and economic policy studies and/or projects in support of Executive Orders, Congressional, statutory, or Departmental mandates. The Contractor will develop a plan with milestones for each study or project that is approved by the COR, in consultation with the TPM. The Contractor shall gather, review, and analyze information to generate the required product (e.g. memo, report, briefing).

The Contractor shall develop a final product that is publication-ready and conforms to all the requirements stated in accordance with FAR 52.246-6 (Inspection of Services) inclusively and are consistent with the quality of documents that FMCSA routinely presents to the Secretary of Transportation, Congress, and the public.

The Contractor shall not interpret current FMCSA policy on behalf of the FMCSA nor make decisions on items of policy, regulation, or statute. The Contractor shall not take a public position on the merits of substantive items under discussion.

Task 6 CONTRACT TRANSITION PLANS

Contract Award Transition Plan. The Contractor shall have a contract award transition plan and procedure. The plan and procedure shall accept all intellectual property from the Contractor who has been providing “Support to FMCSA Regulatory Development Division” for all projects.

The Contractor shall execute the contract award transition plan and procedure at the direction of the COR after the following four clauses have been successfully completed:

• Contract award;

• Kick-off meeting with the Contracting Officer and COR;

• All Contractor employees proposed in the Request For Quotation have submitted all the documents required in the PWS;

• All employees have been cleared by the DOT Office of Security (M-40).

Contract End Transition Plan. The Contractor shall have a contract end transition plan. The plan shall transfer all intellectual property for all projects that will continue after the end of the performance period, as determined by the COR. At the discretion of the COR, at least four weeks before the end of the performance period, the COR shall either direct the Contractor to return all intellectual property to the Government or shall direct the Contractor to execute the contract end transition plan and begin transferring intellectual property to a specific person at a specific location to be specified in the COR’s technical direction.

The Contractor shall complete the contract end transition process successfully no later than three business days before the last day of the performance period.

F. CONTRACTOR STAFF QUALIFICATIONS (LABOR CATEGORIES)

The Contractor shall select qualified personnel to perform all requirements specified in this contract. Including from the following categories:

Regulatory Analyst — 5 years of recent (within the last 3-5 years) experience (law degree with admission to a State bar may substitute for 4 years of experience, law degree without admission to a State bar may substitute for 3 years of experience) in working with regulatory documents or on regulatory projects. Experience may include the following:

• Conducting analysis of comments and presenting the information in a searchable format to streamline the comment review process.

• Interpreting applicability of the relevant statutes, Executive Orders, court cases, etc., to specific agency rulemaking.

• Knowledge of current regulatory reform efforts and experience in studying the management of the regulatory process and assisting agencies in developing strategies to make that process more efficient.

• Ensuring documents are grammatically correct.

Senior Economist- Bachelor’s degree in economics and 10 years of recent (three of which must have been within the last five years) experience with individual economic research assignments requiring planning, information assembly, analysis and evaluation, conclusions, and report preparation. Experience may include:

• Applying analytical and evaluative methods to determine the costs and benefits of proposed transportation safety and health regulations.

• Drafting, researching, and collaborating on statutorily required regulatory impact assessments.

• Developing and implementing regulatory impact assessment processes that can be consistently applied to a variety of rulemaking requirements.

• Developing user fee methodologies that recover the full cost of providing certain government services in accordance with OMB Circular A-25, the Chief Financial Officers Act of 1990, and the Federal Accounting Standards Advisory Board (FASAB)

• Conducting a full range of economic and regulatory impact studies necessary to implement regulations that support a safety mission by applying theoretical and applied economic principles.

• Performing cost-benefit evaluations, regulatory flexibility analyses (small business impacts), and other evaluations required under relevant statutes and Executive Orders.

• Documenting work clearly by citing all sources and providing illustrative calculations throughout written analyses to allow readers to follow each logical step.

• Reviewing and validating work products, minimizing the occurrence of mathematical errors or use of out-of-date or non-standard sources.

Economists- Bachelor’s degree in economics and 5 years of recent (within the last 3-5 years) experience with individual economic research assignments requiring planning, information assembly, analysis and evaluation, conclusions, and report preparation. Experience may include:

• Applying analytical and evaluative methods to determine the costs and benefits of proposed regulations.

• Drafting, researching, and collaborating on statutorily required regulatory impact assessments.

• Developing and implementing regulatory impact assessment processes that can be consistently applied to a variety of rulemaking requirements.

• Developing user fee methodologies that recover the full cost of providing certain government services in accordance with OMB Circular A-25, the Chief Financial Officers Act of 1990, and the Federal Accounting Standards Advisory Board (FASAB)

• Conducting a full range of economic and regulatory impact studies necessary to implement regulations that support a safety mission by applying theoretical and applied economic principles.

• Performing cost-benefit evaluations, regulatory flexibility analyses (small business impacts), and other evaluations required under relevant statutes and Executive Orders.

• Documenting work clearly by citing all sources and providing illustrative calculations throughout written analyses to allow readers to follow each logical step.

• Reviewing and validating work products, minimizing the occurrence of mathematical errors or use of out-of-date or non-standard sources.

NEPA Environmental Specialist - Bachelor of Arts or Science degree in environmental studies, biology, natural sciences, or a related field of study and 5 years of recent experience or a master’s degree in environmental studies, biology, natural sciences, or a related field of study and 3 years of recent experience. Experience may include, but is not limited to:

• Knowledge, to include, but not limited to, air quality and meteorology; greenhouse gases and climate change; traffic and transportation safety; noise; occupational and public health and safety; socioeconomics; environmental justice; solid waste, hazardous materials, endangered species, cultural resources; wetlands, land use, public health and safety, resources protected under Section 4(f) of the NEPA; modeling; and statistical analysis.

• Performing environmental assessments and/or Environmental Impact Statements (EIS).

• Skilled in technical writing, graphics production, and technical and editorial quality control.

Management Analyst - Bachelor of Arts or Science degree and 2 years of recent (within the past 3-5 years) experience in conducting qualitative and quantitative analysis and generating presentations to convey information. Experience may include:

• Setting up and configuring an electronic repository using publicly available information for rulemaking or policy development activities.

• Monitoring a rulemaking docket for comments.

• Cataloging comments in accordance with a hierarchical outline of key issues developed by the team.

• Importing unique submissions into the electronic repository, and as appropriate, converting substantive comment attachments into a text-based format suitable for excerpting/coding.

• Generating reports (e.g. excerpt-by-issue) and statistics following a project team’s analysis of the comments.

• Providing training and user support on the repository as needed.

G. KEY PERSONNEL

The personnel as specified below are considered essential to the work being performed under this contract and may, with the consent of the contracting parties, be changed from time to time during the course of the contract by adding or deleting personnel, as appropriate.

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

The Key Personnel under this Contract are:

Program Manager (to be completed at award) Regulatory Analyst (to be completed at award) Senior Economist (to be completed at award) Economists (to be completed at award) NEPA Environmental Specialist (to be completed at award) Management Analyst (to be completed at award)

H. CONTRACT DELIVERABLES

All deliverables produced under this contract shall be accessible to all members of the public who have disabilities as required by section 508 of the Rehabilitation Act (29 U.S.C. 794d), as amended by the Workforce Investment Act of 1998 (P.L. 105-220), August 7, 1998. Section 508 requires that when Federal agencies develop, procure, maintain, or use electronic and information technology, they shall ensure that it is accessible to people with disabilities, unless it would pose an undue burden to do so. Federal employees and members of the public who have disabilities shall have access to and use of information and services that is comparable to the access and use available to non-disabled Federal employees and members of the public. For additional information, please refer to FAR 39.2 or http://www.section508.gov.

Deliverable Schedule

Task Deliverable Estimated Delivery

Task

Attend project meetings. Contractor to attend project kickoff as needed and up to two meetings per month as requested by

COR/TPM.

Task

Ensure rule language added or revised in a rule document conforms to Federal Register, GPO, and the FMCSA style and editorial policy depending on the documents being reviewed.

No later than 1 - 3 business days after COR/TPM request.

Task Editing services for supporting rulemaking documents.

No later than 1 - 3 business days after COR/TPM request.

Task

Review and edit rule language as directed by

COR/TPM.

No later than 1 - 3 business days after COR/TPM request.

Task

Conduct comment analysis and/or provide summary and category documents in a matrix format or as directed by the COR/TPM.

No later than 30 days after the comment period ends.

Task Ensure documents that include public comment summaries fully correlate to comments received.

No later than 30 days after the comment period ends.

Task Analysis of litigation issues As requested by

COR/TPM

Task Analysis of economic-related issues for a rulemaking of high complexity

As requested by

COR/TPM.

Task Analysis of economic-related issues for a rulemaking of medium complexity

As requested by

COR/TPM.

Inspection Requirements for Acceptable Deliverables http://www.section508.gov/

All work hereunder shall be subject to review by the Government. Acceptance of the deliverables will be made in writing by the COR and submitted to both the Contractor and Contracting Officer. The COR will inspect all work in accordance with FAR 52.246-6 (Inspection of Services).

Government Personnel Reviewing Deliverables

The Contracting Officer may authorize Government personnel to act as the COR to perform functions under this contract such as review or inspection and acceptance of services and other functions of a technical nature. The COR may designate a TPM and may also seek assistance from project team members (e.g., subject matter experts, attorneys, economists) in reviewing and inspecting deliverables. The Contracting Officer shall provide a written notice of COR designation to the Contractor within five working days after COR designation. The designation letter shall set forth the authorities and limitations of the COR under this contract.

All Deliverables Edited

The Contractor shall:

• Proofread documents before delivery for errors in spelling, punctuation, abbreviations, references, and syntax;

• Organize documents topically, correct faulty paragraphing, and recommend better style selections (e.g., using plain language, active voice, or bullets instead of long sentences);

• Strip texts of trite expressions, redundancies, equivocations, ambiguities, and jargon to achieve clear, direct, and concise expression;

• Ensure documents provide effective presentation of data, footnotes, and bibliographies as well as the effective use of headings and typefaces;

• Ensure documents have effective typographical design for manuscript publication, including correcting layout problems such as widows and other typographical problems and copy fit material;

• Ensure documents contain only black text on white background and black/grayscale graphics/photographs on white background for documents the FMCSA intends to submit to the Federal Register or the Federal Docket Management System (FDMS, also known as www.regulations.gov);

• Ensure artwork uses only clean line art. FMCSA requires original art. Use of copies or printed clippings in place of prepared original artwork requires permission from the COR;

• Ensure artwork relates directly to the subject matter and is necessary to explain the text;

• Ensure artwork does not aggrandize an individual;

• Ensure lettering and details in prints or drawings are legible after reduction;

• Ensure lettering is no smaller than 6-point type after reduction;

• Prepare front and rear matter including an index for appropriate size documents;

• Verify facts, data, statistics, and legal citations, using standard Federal Register, Government Printing Office (GPO), and other reference sources;

• Ensure documents that include public comment summaries are fully responsive to comments received;

• Ensure copy conforms to Federal Register, GPO, and FMCSA style and editorial policy depending on the documents being reviewed; and

• Assist in the reviewing and disposition of agency reviewer comments at all stages of the development of the documents.

• Perform other editorial tasks as directed by the COR, in consultation with the Contractor.

All Written Deliverables

All written deliverables shall be electronic, except as allowed and approved by the COR (electronic mail is acceptable). Word processing deliverables shall be compatible with electronic systems such as Microsoft Office applications: Word; Excel; PowerPoint; Project; Access. All deliverables shall be compliant with Section 508 of the Rehabilitation Act (29 U.S.C. 794d), as amended by the Workforce Investment Act of 1998 (P.L. 105-220), August 7, 1998.

Technical inspection and acceptance of all work, performance, reports, and other deliverables under this contract shall be performed at one of the DOT Headquarters buildings in the Washington, D.C. metro area.

Regulatory Evaluation Support

All work supporting a Regulatory Evaluation determined by the COR shall be subject to review by the Government.

The individual(s) responsible for inspection and acceptance of a Regulatory Evaluation at various stages of the contract shall be the current COR designated by the Contracting Officer in writing.

The basis for acceptance of reports and other documents shall be that the deliverables shall meet the requirements of the published versions of the following documents in effect at the time of inspection and acceptance.

Executive Order 12866 as supplemented by Executive Order 13563;

Executive Order 13771;

Executive Order 13924;

Paperwork Reduction Act;

Unfunded Mandates Reform Act; and FMCSA Rulemaking Order.

If a conflict exists between the standards and guidelines in these six documents, the COR, in consultation with the TPM, shall determine which will control.

All rejected contract deliverable items shall be corrected in accordance with the warranties in Section I.

Final acceptance rests with the Contracting Officer or designee.

Other Office of Policy Document Review and Acceptance

All work supporting a manuscript determined by the COR (in consultation with the TPM) not destined for publication in the Federal Register shall be subject to review by the Government.

The individual(s) responsible for inspection and acceptance of a regulatory policy support document at various stages of the contract shall be the current COR or TPM designated by the Contracting Officer in writing.

The basis for acceptance of reports and other documents shall be that the deliverables shall meet the requirements of the published versions the following documents in effect at the time of inspection and acceptance. Each topical or technical report describing the results of technical and consultative services shall meet the requirements of the published versions of the following documents in effect at the time of inspection and acceptance:

1. U.S. Government Printing Office Style Manual;

2. DOT Correspondence Handbook available at https://www.transportation.gov/regulations/dot-correspondence-handbook; and

3. Chapters 4, 5, 6, and 8 of the Federal Highway Administration Turner-Fairbank

Highway Research Center R&D Communication Reference Guide FHWA-RD-03-074 available at https://www.fhwa.dot.gov/publications/research/general/15058/. All references to Federal Highway Administration or FHWA shall be read and understood to mean Federal Motor Carrier Safety Administration and FMCSA, except as determined by the COR.

If a conflict exists between the standards and guidelines in these three documents, the COR, in consultation with the TPM, shall determine which shall control.

All rejected contract deliverable items shall be corrected in accordance with the warranties specifications listed in this PWS.

Final acceptance rests with the Contracting Officer or designee.

I. Instructions to Offerors (Terms and Conditions)

Warranties With respect to the deliverables acquired under this contract, title of which shall pass to the Government, the Contractor shall ensure that any warranties, together with rights to replacement, service, or technical assistance, shall run to or automatically be assigned to the Government.

The Contractor warrants that the submitted work including drafts shall be professionally rendered and fit for the use intended with the exception of normal minor modifications due to typographical errors and other minor changes. Major deficiencies in document deliverables such as omissions, the necessity for major corrections due to nonconformance with the applicable standards or guidelines and the like, as well as, calculation errors in spreadsheets developed by the Contractor for economic analysis, shall be corrected by the Contractor at no additional cost to the Government.

Licenses

With respect to any computer software, databases or other licensed product, acquired for use by the Government, the Contractor shall ensure that the license, together with any associated rights, shall run to or automatically be assigned to the Government.

Security

Contractor access to unclassified, Security, and Ex-Parte Sensitive Information shall be required under this contract. Contractor employees shall safeguard this information against unauthorized disclosure or dissemination as required in this PWS.

Intellectual Property

All documentation, photography, and electronic data and information collected by the Contractor and entered into or generated in support of this contract shall be considered Government property.

At the direction of the COR, all intellectual property shall be transferred to another Contractor as required in this PWS or shall be returned to the Government at the end of the performance period at the discretion of the COR.

Protection of Information

The Contractor shall sign and date FMCSA’s Non-Disclosure Agreement to be provided after award.

Dissemination of Contract Information

The Contractor shall not publish, permit to be published, or distribute for public consumption, any information, oral or written, concerning the results or conclusions made pursuant to the performance of this contract, without the prior written consent of the Contracting Officer. Two copies of any material proposed to be published or distributed shall be submitted to the Contracting Officer.

Privacy Act

The Government may grant the Contractor access to information protected under the Privacy Act. The Contractor and their employees shall safeguard this information against unauthorized disclosure or dissemination in accordance with the law and Government policy and regulation.

The Contractor shall agree to comply with the Privacy Act of 1974 (the Act) and the agency rules and regulations issued under the Act in the design, development, or operation of any system of records on individuals to accomplish an agency function. The Contractor shall review and comply with the Federal Acquisition Regulation (FAR) paragraphs 52.224-1 and FAR 52.224.2, Public Law 93-579, December 31, 1974 (5 U.S.C. 552a) and applicable agency regulations. Violation of the Act may involve the imposition of criminal penalties.

Employee Identification

Contractor employees visiting Government facilities shall wear an identification badge that, at minimum, displays the Contractor name, the employee’s photo, name, clearance-level and badge expiration date. Visiting Contractor employees shall comply with all Government escort rules and requirements. All Contractor employees shall identify themselves as Contractors when their status is not readily apparent and display all identification and visitor badges in plain view above the waist at all times.

All Contractor employees shall identify themselves as Contractors when their status is not readily apparent and display the Government issued badge in plain view above the waist at all times.

Employee Conduct

Contractor employees shall present a professional appearance at all times and their conduct shall not reflect discredit upon the United States, the DOT, or the FMCSA.

Removing Employees for Misconduct or Security Reasons

The Government may, at its sole discretion, direct the Contractor to remove any Contractor employee from DOT facilities or from working on any part of this contract for misconduct or security reasons. Removal does not relieve the Contractor of the responsibility to continue providing the services required under this contract. The Contracting Officer will provide the Contractor with a written explanation to support any request to remove an employee.

As allowed by paragraph 3.5, the Government may, at its sole discretion, direct the Contractor to remove any Contractor employee from working on any part of this contract for misconduct or security reasons. Misconduct includes failure to edit deliverables in accordance with this paragraph. Failure to edit deliverables in accordance with this paragraph may also be grounds for terminating this contract.

Conflict of Interest

The Contractor shall not employ any person who is an employee of the United States Government if that employment would, or would appear to, cause a conflict of interest.

Contractor Testimony

All requests for the testimony of the Contractor, its employees or subcontractors, and any intention to testify as an expert witness relating to: (a) Any work required by, and/or performed under, this contract; or (b) any information provided by any party to assist the Contractor in the performance of this contract shall be immediately reported to the Contracting Officer. Neither the Contractor nor its employees shall testify on a matter related to work performed or information provided under this contract, either voluntarily or pursuant to a request, in any judicial or administrative proceeding unless approved, in advance, by the Contracting Officer or required by a judge in a final court order.

Access to Sensitive information

Work performed under this contract shall involve access to sensitive information which shall not be disclosed by the Contractor unless authorized by the Contracting Officer. 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 contract when requested by the Contracting Officer.

Except when authorized by FMCSA, the Contractor shall not disclose sensitive information such as policy or rulemaking development information. In a case where the Contractor is requested to disclose policy or rulemaking development information, the Contractor shall ask the requestor to complete and sign a Non-Disclosure Agreement (NDA).

The Contractor shall ensure the Contractor employees are: (1) citizens of the United States of America or an alien who has been lawfully admitted for permanent residence or employment (indicated by immigration status) as evidenced by Immigration and Naturalization Service documentation; and (2) have background investigations in accordance with DOT Order 1630.2B, 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, modifications, 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 policy under an Executive Order or Act of Congress.

The employees on this contract shall have access to Government facilities and/or sensitive information, including proprietary data and/or resources. Therefore, before starting work on any project on this contract, each Contractor employee shall complete and submit personally identifiable information as directed by the COR and required by the DOT Office of Security. After a check of DOT databases, the COR may further direct the Contractor to have a specific Contractor employee provide two sets of fingerprint cards, prepare an electronic SF–85P background clearance form in the manner required by the DOT Office of Security, and have the Government complete a background investigation of the Contractor employee. The COR must receive notification through proper DOT authorities that the contract employee may start work.

The COR shall provide the…