RFP_with_Page_1_Final.pdf

SOLICITATION, OFFER AND AWARD 1. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 700)

RATING PAGE OF PAGES

2. CONTRACT NUMBER 3. SOLICITATION NUMBER 4. TYPE OF SOLICITATION 5. DATE ISSUED 6. REQUISITION/PURCHASE NUMBER

CODE7. ISSUED BY 8. ADDRESS OFFER TO (If other than item 7)

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

SOLICITATION

9. Sealed offers in original and copies for furnishings the supplies or services in the Schedule will be received at the place specified in item 8, or if hand carried, in the depository located in until local time

CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

10. FOR

INFORMATION

CALL:

A. NAME B. TELEPHONE (NO COLLECT CALLS)

AREA CODE NUMBER EXTENSION

C. E-MAIL ADDRESS

11. TABLE OF CONTENTS

(X) SEC. DESCRIPTION PAGE(S) (X) SEC. PAGE(S)DESCRIPTION

A B C D E F G H

I

J

K

L

M EVALUATION FACTORS FOR AWARD

INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

REPRESENTATIONS, CERTIFICATIONS AND OTHER

STATEMENTS OF OFFERORS

PART IV - REPRESENTATIONS AND INSTRUCTIONS

LIST OF ATTACHMENTS

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.

CONTRACT CLAUSESSOLICITATION/CONTRACT FORM

SUPPLIES OR SERVICES AND PRICES/COSTS

DESCRIPTION/SPECS./WORK STATEMENT

PACKAGING AND MARKING

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

CONTRACT ADMINISTRATION DATA

SPECIAL CONTRACT REQUIREMENTS

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

OFFER (Must be fully completed by offeror)

12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

13. DISCOUNT FOR PROMPT PAYMENT

(See Section I, Clause No. 52.232-8)

14. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the SOLICITATION for offerors and related documents numbered and dated):

10 CALENDAR DAYS (%) 20 CALENDAR DAYS (%) 30 CALENDAR DAYS (%) CALENDAR DAYS(%)

DATEAMENDMENT NO.AMENDMENT NO. DATE

15A. NAME AND

ADDRESS

OF OFFER-

OR

CODE FACILITY 16. NAME AND THE TITLE OF PERSON AUTHORIZED TO SIGN OFFER

(Type or print)

15B. TELEPHONE NUMBER

AREA CODE NUMBER EXTENSION

15C. CHECK IF REMITTANCE ADDRESS IS

DIFFERENT FROM ABOVE - ENTER SUCH

ADDRESS IN SCHEDULE.

17. SIGNATURE 18. OFFER DATE

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

22. AUTHORITY FOR USING OTHER THAN FULL OPEN COMPETITION:

10 U.S.C. 2304 (c) ( )41 U.S.C. 3304(a)

24. ADMINISTERED BY (If other than Item 7)

26. NAME OF CONTRACTING OFFICER (Type or print)

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition is unusable

23. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

25. PAYMENT WILL BE MADE BY

27. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

28. AWARD DATE

CODE

ITEM

STANDARD FORM 33 (REV. 6/2014)

Prescribed by GSA - FAR (48 CFR) 53.214 (c)

SEALED BID (IFB)

NEGOTIATED (RFP)

(Hour) (Date)

PART I - THE SCHEDULE PART II - CONTRACT CLAUSES

Federal Railroad Administration, Office of Acquisition Services 1200 New Jersey Avenue, SE, Room W34-302 Washington, DC 20590-0001

RAD-30

Federal Railroad Administration Office of Acquisition Services

DTFR5316R00382

W36-480 12:00PM

Brittany Alvarenga Brittany.Alvarenga@dot.gov

2-5 5-6 6-7 7-12 12-16 39-40

30-39

24-25

16-24

202 4930491

10/31/2016

25-30

DTFR5316R00382

SECTION B - SUPPLIES OR SERVICES/PRICES

B.1 Offerors shall propose individual cost on each of the government defined lots for the base year and four (4) option years. Lots are defined as follows:

Lot 1 (Car 216) Lot 2 (Car 218 and 220) Lot 3 (Car 219 and 223) Lot 4 (Car 221) Lot 5 (Car 225) Lot 6 (Car 226) Lot 7 (R-4)

B.2 Offerors shall then propose cost for Operating the full fleet of cars (inclusive of all lots) for the base year and four (4) option years or the cost for operating a desired combination of the defined lots for the base year and four option years.

B.3 CLIN TABLE

The maximum represents the paragraph entitled, “Annual Deployment” in Appendix A.

CLIN Description Quantity CLIN Unit Maximum

Price Base Contract – Performance Period

0001 ATIP Support Services Lot 1(Car 216) FFP 1 year

0002 ATIP Support Services Lot 2 (Car 218 and 220) 1 year

0003 ATIP Support Services Lot 3 (Car 219 and 223) 1 year

0004 ATIP Support Services Lot 4 ( Car 221) 1 year

0005 ATIP Support Services Lot 5 (Car 225) 1 year

0006 ATIP Support Services Lot 6 (Car 226) 1 year

0007 ATIP Support Services (R-4) 1 year

Option 1 Performance Period (If Exercised) 1001 ATIP Support Services Lot 1(Car 216) FFP 1 year

1002 ATIP Support Services Lot 2 (Car 218 and 220) 1 year

1003 ATIP Support Services Lot 3 (Car 219 and 223) 1 year

1004 ATIP Support Services Lot 4 ( Car 221) 1 year

1005 ATIP Support Services Lot 5 (Car 225) 1 year

1006 ATIP Support Services Lot 6 (Car 226) 1 year

1007 ATIP Support Services (R-4) 1 year

Option 2 Performance Period (If Exercised) 2001 ATIP Support Services Lot 1(Car 216) FFP 1 year

2002 ATIP Support Services Lot 2 (Car 218 and 220) 1 year

2003 ATIP Support Services Lot 3 (Car 219 and 223) 1 year

2004 ATIP Support Services Lot 4 ( Car 221) 1 year

2005 ATIP Support Services Lot 5 (Car 225) 1 year

2006 ATIP Support Services Lot 6 (Car 226) 1 year

2007 ATIP Support Services (R-4) 1 year

Option 3 Performance Period (If Exercised) 3001 ATIP Support Services Lot 1(Car 216) FFP 1 year

3002 ATIP Support Services Lot 2 (Car 218 and 220) 1 year

3003 ATIP Support Services Lot 3 (Car 219 and 223) 1 year

3004 ATIP Support Services Lot 4 ( Car 221) 1 year

3005 ATIP Support Services Lot 5 (Car 225) 1 year

3006 ATIP Support Services Lot 6 (Car 226) 1 year

3007 ATIP Support Services (R-4) 1 year

Option 4 Performance Period (If Exercised) 4001 ATIP Support Services Lot 1(Car 216) FFP 1 year

4002 ATIP Support Services Lot 2 (Car 218 and 220) 1 year

4003 ATIP Support Services Lot 3 (Car 219 and 223) 1 year

4004 ATIP Support Services Lot 4 ( Car 221) 1 year

4005 ATIP Support Services Lot 5 (Car 225) 1 year

4006 ATIP Support Services Lot 6 (Car 226) 1 year

4007 ATIP Support Services (R-4) 1 year

B. 4 ID/IQ MINIMUM AND MAXIMUM CONTRACT AMOUNTS

(a)This is an Indefinite Delivery Indefinite Quantity (IDIQ) type contract that provides for the acquisition of services as described in Section C. Specific tasks will be issued through individual Task Orders (TOs).

Cost-Plus-Fixed-Fee (CPFF) and/or Firm-Fixed-Price (FFP) TOs will be priced, negotiated, and issued individually in accordance with the terms and conditions described as specified in the contract. Funds will be obligated by individual TOs.

(b) Upon execution of TOs, the contractor shall provide the personnel, facilities, equipment, and other materials and services necessary to perform the requirements set forth in the TO SOW.

(c) In accordance with FAR Subpart 16.5, Indefinite-Delivery Contracts, the minimum and maximum quantities of specific services are defined as follows:

(1) MINIMUM QUANTITY: The minimum value specified herein, represents the total minimum amount of work effort (in terms of dollars) that the Government is required to order and the contractor is obligated to furnished as ordered, over the entire term of the contract, inclusive of the base period and any options exercised. The total minimum value of this contract is $10,000.

(2) MAXIMUM QUANTITY: The maximum value of the contract specified herein, represents the total maximum amount of work effect (in terms of dollars) that the Government may require and the contractor is obligated to furnish if and as ordered, over the entire term of the contract inclusive of the base period and any options exercised. The total maximum value of this contract is (pending award).

SECTION C - DESCRIPTION/SPECIFICATIONS

C.1 BACKGROUND

The Federal Railroad Administration (FRA) has a requirement for contracted services supporting the Automated Track Inspection Program (ATIP). ATIP provides guidance and understanding regarding on-track safety requirements, geometry measurement technology, operation, and national deployment of the FRA track geometry inspection cars. Under the statutes mandated by Congress, ATIP conducts operational surveys of the United States rail transportation network to determine railroad compliance with the Federal Track Safety Standards (TSS) and national defense. The program is managed by FRA’s Office of Railroad Safety and logistic support is provided under contract.

The ATIP operation which began in 1974 serves an important role in FRA’s overall compliance programs.

Constant change in the railroad industry (i.e., mega mergers, heavier rolling stock equipment, and more trains reaching maximum track capacities) elevates the importance and ability to inspect track safer, faster and provide accurate inspection surveys, while not interfering with railroad operations. The broad purpose of ATIP is to minimize the risk of a passenger or catastrophic hazardous material accident/incident by accurately collecting and disseminating track geometry information and intelligence to FRA and respective railroads. The primary safety-related use of ATIP is the supplemental assistance provided to all Inspectors in identifying the most important noncompliant track geometry locations and conditions for evaluation and remediation. Through the precise measurement of existing track structure, system analysis, and asset management procedures, data produced by ATIP provides a visible representation of a railroad’s track inspection and maintenance program condition. The key to ATIP safety success is the advance detection of potential accident-causing hazards. In order to ensure the safety of the nation’s railroads, ATIP compliance surveys impart the appropriate basis for Inspectors to safeguard rail transportation with compulsory operational and maintenance remediation.

To meet these requirements, ATIP onboard instrumentation generates an efficient, quantitative statement (track geometry report) of known track conditions, and affords a cost-effective means of expanding regional as well as national inspection coverage. ATIP is world renowned as the most advanced automated geometry measurement systems of their kind and exemplify state-of-the-art computerization and laser equipment technology to measure track geometry (i.e., gage, alignment and track surface) dynamically or under load. ATIP deploys a fleet of five (5) rail bound geometry cars to expand Inspector capabilities and productivity, provide regional analysis and statistical characterizations of safety trends, support efficient and effective track system maintenance and planning and most importantly—immediately identify unsafe track geometry noncompliance that require remediation.

Special ATIP inspection surveys are occasionally undertaken to support the Office of Railroad Policy and Development (RPD), other offices within FRA, and other government agencies (e.g., Department of Defense, Department of State, Department of Homeland Security, and Department of Energy), including possible surveys outside the boundaries of the United States. Each special ATIP survey generates individual TOs, complete with specific performance, inspection details, and required personnel competence.

Additional information regarding the ATIP program can be found at:

http://www.fra.dot.gov/Page/P0120

See Appendix A, SOW of this RFP.

C.3 OBJECTIVES/SCOPE OF WORK

See Appendix A, SOW of this RFP.

C.4 INDIVIDUAL TASK ORDER SCOPE

The contractor shall perform work assigned under this contract as specified in TOs issued by the CO in http://www.fra.dot.gov/Page/P0120 accordance with the terms and conditions in Section H or as specified elsewhere in the contract. The guaranteed minimum quantity required and the possible maximum quantities that may be required under the contract are stated in the Schedule.

C.5 GOVERNMENT-FURNISHED PROPERTY

As specified in Attachment J, and/or by individual TOs, the contractor may be provided Government-furnished equipment and/or contractor acquired Government property and/or information for the performance of work under this contract.

C.6 DELIVERABLES AND DELIVERY SCHEDULE

(a) Individual TOs shall identify the technical deliverable(s) and delivery schedule required for work ordered under the contract.

SECTION D - PACKAGING AND MARKING

52.247-34 F.O.B DESTINATION (NOV 1991)

D.1 PACKAGING

Preservation, packing, and packaging of items for shipment shall be in accordance with best commercial practices and adequate for acceptance by common carrier for safe transportation at the most economical rates.

The contractor shall clearly mark each shipment with the company name, the contract number, TO number (if applicable), and as appropriate the item identification, quantity of items, and notice of partial or final delivery.

Ship to: Federal Railroad Administration

Office of Railroad Safety 1200 New Jersey Avenue, SE Washington, DC 20590-0001

Marked for: COR

SECTION E - INSPECTION AND ACCEPTANCE

52.246-4 INSPECTION OF SERVICES - FIXED-PRICE. (AUG 1996)

52.246-5 INSPECTION OF SERVCIES - COST REIMBURSEMENT. (APR 1984)

SECTION F - DELIVERIES OR PERFORMANCE

52.242-15 STOP-WORK ORDER. (AUG 1989)

52.242-17 GOVERNMENT DELAY OF WORK. (APR 1984)

52.247-34 F.O.B. DESTINATION. (NOV 1991)

F.3 POST AWARD EVALUATION OF CONTRACTOR PERFORMANCE

a. Contractor Performance Evaluations

Interim and final evaluations of contractor performance will be prepared on this contract in accordance with FAR 42.15. The final performance evaluations will be prepared as soon as possible after completion of all required work and contract term.

Interim and final evaluations will be provided to the contractor as soon as practicable after completion of the evaluation. The contractor may elect to review the evaluation and submit additional information or a rebuttal statement within thirty (30) days. Any contractor response is voluntary. Any disagreement between the parties regarding an evaluation will be referred to an individual one level above the CO, whose decision is final.

Copies of the evaluations, contractor responses and review comments, if any, will be retained as part of the contract file and may be used to support future award decisions.

b. Electronic Access to Contractor Performance Evaluations

The U.S. Department of Transportation utilizes the Contractor Performance Assessment Reporting System (CPARS) to record and maintain interim and final past performance information.

Contractors that have Internet capability may access evaluations through a secure Web site for review and comment by completing the registration form that can be obtained at the following URL:

https://www.cpars.gov/ .

The registration process requires the contractor to identify an individual that will serve as a primary contact and who will be authorized access to the evaluation for review and comment. In addition, the contractor will be required to identify a secondary contact who will be responsible for notifying the cognizant contracting official in the event the primary contact is unavailable to process the evaluation within the required 30-day time period. Once the contractor is registered and a performance evaluation has been prepared and is ready for comment, the CPARS will send an email to the contractor representative notifying that individual that a performance evaluation is electronically available for review and comment.

SECTION G - CONTRACT ADMINISTRATION

G.1 TAR 1252.242-73 CONTRACTING OFFICER’S REPRESENTATIVE (OCT 1994)

(a) The CO may designate Government personnel to act as the Officer's COR to perform functions under the contract such as review and/or inspection and acceptance of supplies, services, including construction, and other functions of a technical nature. The CO will provide a written notice of such designation to the Contractor within five working days after contract award or for construction, not less than five working days prior to giving the contractor the notice to proceed. The designation letter will set forth the authorities and limitations of the COR under the contract.

https://www.cpars.gov/

(b) The CO cannot authorize the COR or any other representative to sign documents (i.e., contracts, contract modifications, etc.) that require the signature of the CO.

Upon award, a COR shall be designated in writing to manage the technical aspects of this contract.

All modifications to this contract must be approved by the COR prior to issuance by the CO.

The COR for this contract is:

Josh Rall, Contracting Officer’s Representative U.S. Department of Transportation Office of Railroad Safety 1200 New Jersey Ave, SE Washington, DC 20590-0001

Telephone: 202-493-6013 Email: Josh.Rall@dot.gov

The COR has the responsibility to inspect all deliverables/services and authorization to certify invoices for payment. The authority to reject an invoice or assess deductions on an invoice is expressly reserved for the CO. The CO is the only individual who can legally commit or obligate the Government for the expenditure of public funds. The technical administration of this contract shall not be construed to authorize the revision of the terms and conditions of this contract. Any such revision shall be authorized in writing by the CO.

G.2 SUBMISSION OF VOUCHERS/INVOICES

The Contractor shall submit proper invoices on a monthly basis for payment. All invoices shall be submitted to the payment office indicated in the contract. Generally, this will be the COR’s office and DOT’s Oklahoma City payment-processing center. Invoices shall contain the information required by FAR 52.232-25, Prompt Payment, including the contract number and applicable line item numbers (CLIN).

All contract expenditures reported to the Accounts Payable Branch for reimbursement shall be submitted on Standard Form 1034, "Public Voucher for Purchases and Services other than Personal" or other suitable voucher considered to be acceptable by the CO.

To constitute a proper invoice, each invoice submitted must include the following information and attached documentation:

a) Name of the Contractor, invoice number and invoice data

b) Contract number and TO Number/TO modification number

c) Description of work performed during the billing-period

d) Shipping and payment terms, if applicable

e) Period of performance covered by the invoice

f) Name, title, phone number, and complete mailing address of responsible official to whom payment is to be sent

g) Name, title, phone number, and mailing address of person to be notified in the event of a defective invoice mailto:Josh.Rall@dot.gov

h) Name of the COR, phone number and email address

i) Name of the CO or Contract Specialist (CS), phone number and email address

j) Contractor’s TIN

k) Contractor’s DUNS

l) Other substantiating documentation or information as required by the CO.

Vouchers/invoices must include, as a minimum, the following information in support of all costs claimed:

• The period of performance for the costs claimed

• The current and cumulative amounts of the costs claimed

• The Contractor shall submit invoices to:

DOT/FRA

Mike Monroney Aeronautical Center Accounts Payable Branch, AMZ-160 HQ Room 272/FRA 6500 S. MacArthur Blvd.

Oklahoma City, OK 73169

For expedited payment e-mail invoices to the following: 9-amc-amz-fra-invoices@faa.gov.

NOTES:

1. A statement on each original invoice signed by an authorized company representative certifying that the costs proposed in the invoice is true and accurate.

2. If the invoice does not comply with these requirements, then the Contractor will be notified of the defect within seven (7) days after receipt of the invoice at the designated billing office.

3. Contractor failure to properly designate a financial institution or to provide appropriate payee bank account information may delay payments of amounts otherwise properly due.

G.3 TECHNICAL DIRECTION

(a) The COR is not authorized to make any commitments or changes which constitute work not within the general scope of the resultant contract, or change the expressed terms and conditions incorporated into the contract, or which constitute a basis for increase in the contract amount or extension of the contract period of performance.

(b) The COR may provide technical direction on contract performance. As used herein "technical direction" is direction to the Contractor, which confirms the results of meetings, fills in details, requires pursuit of certain lines of inquiry, or otherwise serves to accomplish the contract SOW.

(c) Technical direction shall be issued in writing by the COR or confirmed by him/her in writing within five (5) calendar days after verbal issuance.

(d) The Contractor shall express its concurrence that any such technical direction is entirely within the scope of this contract and consistent with this provision by endorsing the written direction of the work so directed.

mailto:9-amc-amz-fra-invoices@faa.gov

(e) If the Contractor should, during the course of the contract, interpret any advice or comments from the COR as constituting additions or revisions to the scope of the resultant contract, he/she shall immediately notify the CO so as to obtain official confirmation and refrain from performing any work from such advice or comments until confirmed by the CO.

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

(g) Perform or cause to be performed, inspections necessary in connection with a) above and require the Contractor to correct all deficiencies; perform acceptance for the Government.

(h) Maintain all liaison and direct communications with the Contractor's TO manager. Written communications with the Contractor and documents shall be signed as "COR" with a copy furnished to the CO.

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

(j) Monitor the Contractor's production or performance progress and notify the Contractor in writing of deficiencies observed during surveillance, and direct appropriate action for corrections. Record and report to the CO incidents of faulty or nonconforming work, delays or problems.

(k) Obtain necessary security clearance and appropriate identification if access to Government facilities is required. If required, ensure that Government furnished property is available when required.

(l) Contractual Problems - Contractual problems, of any nature, that may arise during the life of the resultant contract shall be handled in conformance with specific public laws and regulations (i.e.

Federal Acquisition Regulation (FAR) and Department of Transportation Acquisition Regulation (TAR)). The Contractor and the COR shall bring all contracting problems to the immediate attention of the CO. Only the CO is authorized to formally resolve such problems. The CO shall be responsible for resolving legal issues, determining contract scope and interpreting contract terms and conditions. The CO is the sole authority authorized to approve changes in any of the requirements under this contract. Notwithstanding clauses contained elsewhere in the resultant contract and the authority remains solely with the CO. These changes include, but will not be limited to the following areas: scope of work, price, quantity, technical specifications, delivery schedules, and contract terms and conditions. In the event the Contractor effects any changes at the direction of any other person other than the CO, the change shall be considered to have been made without authority for which the contractor assumes the risk of non-payment for unauthorized services performed.

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

NOTE: Technical Direction is defined to include the following:

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

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

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

G.4 ORDERING PROCEDURES

(a) TOs negotiated under this contract may be issued only by a designated CO representing the U.S.

Department of Transportation, FRA.

(b) TOs may be solicited, negotiated, and issued from the effective date of this contract through completion or termination of the base period and the four, one year option periods of the contract. If all options are exercised, TOs may be issued through a five (5) year period commencing from the effective date of contract.

(c) All TOs shall be subject to the terms and conditions of this basic contract. In the event of conflict between a TO and this contract, the contract shall control. The Government will issue TOs for those segments of work defined in the SOW included herein in Section C. The TOs shall be the instruments for specific work performance.

(d) TO awards will be made in accordance with the evaluation criteria stated in the TO proposal request.

TOs will be unilaterally executed by the Federal Railroad Administration CO. The CO will execute TOs, in writing, using an Optional Form 347, a suitable agency-approved form or any other appropriate contractual instrument.

(e) There is no limit on the number of TOs that may be issued against this contract. It is anticipated that CPFF and/or FFP TOs will be negotiated for individual work requirements under this contract within the minimum and maximum values stated for the base and each option period.

(f) Orders placed under this contract shall contain the following information:

1. Contract number and TO number;

2. Scope of Work, including references to applicable requirements in the basic contract;

3. Effective date of the order;

4. Delivery or performance period;

5. The estimated price for services to complete performance under the TO;

6. Milestones schedule for progress payments, if any;

7. The Not-to-Exceed dollar amount for contractor travel and other miscellaneous expenses to be reimbursed by the Government under the TO, if any.

8. Place and manner of inspection and acceptance;

9. Accounting and appropriation data;

10. Name and telephone number of the assigned FRA COR; and

11. Any other pertinent information.

G.5 TRAVEL AND PER DIEM

Travel (other than local) may be expected to occur throughout the duration of the contract. The COR will issue the written request for travel if required (excluding local travel).

The Contractor shall invoice in accordance with FAR 31.205-46, Travel Costs, and Federal Travel Regulations, and must submit documentation of all travel costs.

Travel requirements under this contract shall be met using the most economical form of transportation available. All travel shall be scheduled sufficiently in advance to take advantage of offered discount rates, unless authorized by the CO.

The following web site provides information on current Per Diem rates:

http://www.gsa.gov/portal/category/100120 https://aoprals.state.gov/web920/per_diem.asp

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 ACCESSIBILITY OF MEETINGS AND CONFERENCES TO PERSONS WITH DISABILITIES

The contractor shall assure that any meeting or conference held pursuant to the contract will meet all applicable standards for accessibility to persons with disabilities.

H.2 CONFLICTS OF INTEREST

The contractor to promptly disclose in writing to the Contracting Officer and COR any actual or apparent conflict of interest, or an interest or interests that may give rise to the appearance of a conflict that could affect the public's confidence in Department's execution of federal laws and regulations governing its financial assistance and safety programs.

Any other matter that could represent a potential conflict of interest must be promptly brought to the attention of the Contracting Officer who, after consulting with the COR, FRA’s Office of Chief Counsel, will make a final decision relative to the contract for which the Department is seeking services.

H.3 TAR 1252.237-73 KEY PERSONNEL (APR 2005)

(a) The personnel as specified in paragraph (c) are considered essential to the work being performed hereunder and may, with the consent of the contracting parties, be changed from time to time during the course of the contract by adding or deleting personnel, as appropriate.

(b) Prior to removing, replacing or diverting any of the specified individuals or facilities, the

Contractor shall notify, in writing, and receive consent from the CO reasonably in advance of the action and shall submit justification (including proposed substitutions) in sufficient detail to permit evaluation of the impact on this contract.

http://www.gsa.gov/portal/category/100120 https://aoprals.state.gov/web920/per_diem.asp

(c) No diversion of key personnel shall be made by the Contractor without the written consent of the CO. The CO may ratify, in writing, the change and such ratification shall constitute the consent of the CO required by this clause.

The Key Personnel under this contract are (to be determined at time of award):

Name Title/Function

TBD TBD

TBD TBD

H.4 SECURITY INVESTIGATIONS OF CONTRACTOR EMPLOYEES

The Government and the contractor recognize that certain contractor employees performing under this contract will have access to sensitive Government information. Therefore, the Government and the contractor agree that the Government may conduct security investigations for any contractor employee performing under this contract, who, in the Contracting Officer’s judgment, is engaged in a function requiring public trust. Contractor employees considered to be engaged in public trust functions include:

(1) employees who may have regular access to sensitive information, and (2) corporate officials actively engaged in making employment decisions relating to those employees engaged in public trust functions.

The contractor may request a determination by the CO as to whether a particular employee is engaged in a function requiring public trust.

The Government and the contractor agree that all contractor employees engaged in public trust functions shall complete an FD-229, A FBI Finger Print Chart and an SF 85P, A Questionnaire for Public Trust Positions. These security forms and self-addressed envelopes can be obtained through the CO.

Because of the sensitive nature of the information provided on these forms, the contractor shall require its affected employees to submit the forms in a sealed envelope to the CO or to the Department of Transportation Office of Security, as directed. In compliance with the Privacy Act, neither the employee’s supervisor nor other contractor personnel shall have a role in completing these forms, nor shall they have access to them. Upon the DOT Security Officer’s receipt of the security forms, the contractor may allow its employees engaged in public trust functions to begin work under the contract.

However, the Government reserves the right to limit such employees’ access to sensitive information, pending completion of security determinations.

The contractor agrees to allow the DOT Office of Security access to contractor employees and records in order to determine the suitability of contractor employees for contract work in public trust. Where the DOT Security Officer has information indicating that an unfavorable security determination might result, it shall consult with the CO on a need to know basis. Before an unfavorable decision is rendered by the DOT Security Officer, the affected employee shall be provided an opportunity to respond to the information developed. The CO is not required to give said employee an additional opportunity to respond to the decision rendered by the DOT Security Officer.

The contractor agrees to remove any employee from work under this contract if the CO (based upon the recommendation of the DOT Security Officer) determines that the employee’s involvement under this contract is inconsistent with the best security interests of the Department. Such decisions are not subject to equitable adjustment under the contract.

H.5 PROTECTION OF INFORMATION

It is anticipated that in performance of this contract, the contractor may have access to and be furnished government owned source codes and data as it relates to FRA’s informational systems. In some cases, the information may be sensitive to disclosure to the public.

The contractor shall ensure that all security requirements are met. The contractor shall adhere to all DOT/FRA physical and data security regulations. The information made available to the contractor through this contract shall not be disclosed or used for any other purpose without the prior written permission of the CO. These restrictions shall not apply to material currently published by FRA and presently in the public domain, or material obtained by the contractor about the FRA systems independent of the government.

H.6 DISPOSITION OF GOVERNMENT DATA FILES

At the conclusion of performance of this contract, or upon expiration or termination of such contract, data/software/application program files belonging to Government users shall be disposed of in accordance with specific written instructions from the cognizant CO and the following:

(a) All data files residing on the contractor’s disks shall be transferred to magnetic medium in the code and format specified by the cognizant CO. The cost of this transfer shall be borne by the Government.

All costs associated with the transfer must be clearly reflected in the contract. Files may not be converted and stored in a proprietary mode unless specifically agreed to by the cognizant CO.

(b) All data files residing on Government owned magnetic medium shall be returned to the activity as specified by the cognizant CO. All costs associated with packaging and transportation of Government-owned magnetic medium files shall be borne by the Government.

(c) Data files residing on the contractor-owned magnetic medium shall be returned to the Government in the manner specified by the cognizant CO. The cost of the magnetic medium and all costs associated with packaging and transporting such medium to the appropriate location shall be borne by the Government.

(d) Back-up files needed to maintain data integrity shall be retained by the contractor pending notice from the cognizant CO that transfer of the data files has been successfully completed. The back-up files shall be erased following receipt of such notice.

H.7 FINAL PRODUCTS

Unless otherwise stated in individual TOs issued under the contract, all print and electronic products produced or otherwise developed under this contract shall meet USDOT publication standards and become the property of the government and, where doing so does not violate rule, regulation, or security issues, such products will be placed in the public domain at the sole discretion of FRA.

The research, publications, products, other documents and services developed as a result of this contract shall be documented to include the data sources, data collection and data synthesis methods, research processes, analysis of the work, and conclusions one could draw on. Unless otherwise stated in individual TOs issued under the contract, the Contractor may use multiple forms of media to record work performed and can in some cases even provide the basis for the work.

H.8 ENERGY EFFICIENCY AND ENVIRONMENTALLY PREFERABLE ITEMS

To the maximum extent possible and consistent with the Federal Acquisition Regulations Part 23, the Government requires during the performance of the work under this Statement of Work (SOW) the Contractor to provide or use products that are: energy efficient (ENERGY STAR® or Federal Energy Management Program (FEMA)-designated); water-efficient; biobased; environmentally preferable (e.g., EPEATregistered, or non-toxic or less toxic alternatives); non-ozone depleting; or made with recovered materials. Unless otherwise identified in this SOW, each recovered materials or biobased product provided and delivered must meet, but may exceed, the minimum recovered materials or biobased content of an EPA- or USDA-designated product. The sustainable acquisition requirements specified herein apply only to products that are required to be: (1) delivered to the Government during contract performance; (2) acquired by the contractor for use in performing services (including construction) at a Federally-controlled facility; (3) furnished by the contractor for use by the Government; or (4) specified in the design of a building or work, or incorporated during its construction, renovation, or maintenance.

H.9 GOVERNMENT RIGHTS IN SOFTWARE, DATA AND INFORMATION

(a) The Government, for itself and such others as it deems appropriate, will have unlimited rights in computer software specifically developed, designed or generated under this contract, and to all source data, information and materials furnished to the Government, together with all plans, systems analysis and design specifications and drawings, completed programs, and documentation thereof, reports and listings, test data and test procedures and all other items pertaining to the work and services to be performed pursuant to this contract including any copyright. These rights do not apply to software or data proprietary to the contractor or a third party. Unlimited rights under this contract are rights to use, duplicate, or disclose software, data and in any manner without compensation to or approval of the contractor. The Government shall at all reasonable times have the right to inspect the work and to access and make copies of the above-mentioned items.

(b) For technology that is developed using both private contractor funds and Government funds, the Government shall have unlimited rights, in accordance with FAR 52.227-14 Rights in Data—General, Alternates II and III (Dec 2007), to use, modify, reproduce, release, perform, display, or disclose technical data and computer software within the Government without restrictions for Government purposes (Government purpose rights). The contractor will retain copyright in the technical data and computer software and, therefore, shall have the right to use, modify, reproduce, release, perform, display, or disclose technical data for commercial purposes or authorize other to do so. The incumbent contractor, ENSCO, claims Limited Rights and Restricted Rights to the following technical data and computer software that it developed with private funds:

System Software Application Data Rights

Track Geometry Measurement System

ENSCO Control Console Restricted and Limited Rights

ENSCO Editor Restricted and Limited Rights

ENSCO TGMS Restricted and Limited Rights

ENSCO Database Server Restricted and Limited Rights

ENSCO GeoEdit v7.4 Restricted Rights

Ride Quality Management System

ENSCO RQMS Restricted and Limited Rights

Differential Global Positioning System

Differential Geographic Measurement System

Restricted Rights

Location Detection Server Restricted Rights

Computer Network Interface

ENSCO Application Program Interface Restricted and Limited Rights

GeoEdit ENSCO GeoEdit v7.4 Restricted Rights

SECTION I CONTRACT CLAUSES

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE, FAR 52.252-1 (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the CO will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. In addition, the full text of FAR clauses may be accessed electronically at:

www.acquisitions.gov

(End of clause)

52.203-99 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL

CONFIDENTIALITY AGREEMETS. (FEB 2015) (DEVIATION)

(a) The Contractor shall not require employees or subcontractors seeking to report fraud, waste, or abuse to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(b) The contractor shall notify employees that the prohibitions and restrictions of any internal confidentiality agreements covered by this clause are no longer in effect.

(c) The prohibition in paragraph (a) of this clause does not contravene requirements applicable to http://www.acquisitions.gov/

Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(d)(1) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), use of funds appropriated (or otherwise made available) under that or any other Act may be prohibited, if the Government determines that the Contractor is not in compliance with the provisions of this clause.

(2) The Government may seek any available remedies in the event the contractor fails to comply with the provisions of this clause.

52.202-1 DEFINITIONS. (NOV 2013)

52.203-3 GRATUITIES. (APR 1984)

52.203-5 COVENANT AGAINST CONTINGENT FEES. (MAY 2014)

52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT. (SEPT 2006)

52.203-7 ANTI-KICKBACK PROCEDURES. (MAY 2014)

52.203-8 CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS FOR ILLEGAL OR IMPROPER

ACTIVITY. (MAY 2014)

52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY. (MAY 2014)

52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS. (OCT

2010)

52.203-13 CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT. (OCT 2015)

52.203-14 DISPLAY OF HOTLINE POSTER(S). (OCT 2015)

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM

EMPLOYEES OF WHISTLEBLOWER RIGHTS. (APR 2014)

52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON POSTCONSUMER FIBER CONTENT PAPER.

(MAY 2011)

52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL. (JAN 2011)

52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT AWARDS.

(OCT 2015)

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE. (JUL 2013)

52.204-15 SERVICE CONTRACT REPORTING REQUIREMENTS FOR INDEFINITE-DELIVERY

CONTRACTS. (JAN 2014)

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE. (JUL 2015)

52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS. (DEC

2014)

52.209-6 PROTECTING THE GOVERNMENTS INTEREST WHEN SUBCONTRACTING WITH

CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT. (OCT 2015)

52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING RESPONSIBILITY

MATTERS. (JUL 2013)

52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS. (NOV

2015)

52.210-1 MARKET RESEARCH. (APR 2011)

52.215-2 AUDIT AND RECORDS--NEGOTIATION. (OCT 2010)

52.215-8 ORDER OF PRECEDENCE--UNIFORM CONTRACT FORMAT. (OCT 1997)

52.215-10 PRICE REDUCTION FOR DEFECTIVE CERTIFIED COST OR PRICING DATA. (AUG 2011)

52.215-11 PRICE REDUCTION FOR DEFECTIVE CERTIFIED COST OR PRICING DATA--

MODIFICATIONS. (AUG 2011)

52.215-12 SUBCONTRACTOR CERTIFIED COST OR PRICING DATA. (OCT 2010)

52.215-13 SUBCONTRACTOR CERTIFIED COST OF PRICING DATA--MODIFICATIONS. (OCT 2010)

52.215-15 PENSION ADJUSTMENTS AND ASSET REVERSIONS. (OCT 2010)

52.215-17 WAIVER OF FACILITIES CAPITAL COST OF MONEY. (OCT 1997)

52.215-18 REVERSION OF ADJUSTMENT OF PLANS FOR POSTRETIREMENT BENEFITS. (PRB)

OTHER THAN PENSIONS. (JUL 2005)

52.215-19 NOTIFICATION OF OWNERSHIP CHANGES. (OCT 1997)

52.215-21 REQUIREMENTS FOR COST OR PRICING DATA OR INFORMATION OTHER THAN COST

OR PRICING DATA-MODIFICATIONS. (OCT 2010)

52.215-23 LIMITATIONS ON PASS-THROUGH CHARGES. (OCT 2009)

52.216-7 ALLOWABLE COST AND PAYMENT. (JUN 2013)

52.216-8 FIXED FEE. (JUN 2011)

52.216-15 PREDETERMINED INDIRECT COST RATES. (APR 1998)

52.216-18 ORDERING. (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from TBD through TBD.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

52.216-19 ORDER LIMITATIONS. (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $3,500, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor-

(1) Any order for a single item in excess of $40,000,000;

(2) Any order for a combination of items in excess of $40,000,000; or

(3) A series of orders from the same ordering office within 1 day that together call for quantities exceeding the limitation in subparagraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 3 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

52.216-22 INDEFINITE QUANTITY. (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the

"maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum."

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided that the Contractor shall not be required to make any deliveries under this contract after 12 months past the contract expiration.

52.217-8 OPTION TO EXTEND SERVICES. (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The CO may exercise the option by written notice to the Contractor within 30 days of contract expiration.

52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT. (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 10 days before the contract expiration; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 15 days before the contract expires. The preliminary notice does not commit the Government to an extension.

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

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five (5) year and six (6) months.

52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS. (OCT 2014)

52.219-9 SMALL BUSINESS SUBCONTRACTING PLAN. (OCT 2015)

52.219-16 LIQUIDATED DAMAGES--SUBCONTRACTING PLAN. (JAN 1999)

52.219-28 POST- AWARD SMALL BUSINESS PROGRAM REPRESENTATION. (JUL 2013)

52.222-1 NOTICE TO THE GOVERNMENT OF LABOR DISPUTES. (FEB 1997)

52.222-2 PAYMENT…