RFP_Body120617FinalR3_122217.docx

SECTION B

SUPPLIES OR SERVICES AND PRICES/COSTS

The Contractor shall furnish all facilities, materials, and personnel, and shall perform all services necessary to perform the tasks described herein under this contract entitled, “Technical Assistance for Research, Development, Test and Evaluation.” Any travel required under the task orders will be reimbursed at cost.

This is an indefinite delivery/indefinite quantity (IDIQ) task ordering contract. The Government intends to compete prospective task orders among the multiple IDIQ awardees to the maximum extent practicable. The minimum amount will be awarded on the base IDIQ and task orders will be competed among the IDIQ awardees. The pertinent NAICS code for this procurement is 541715. The minimum and maximum cumulative dollar values of potential awards under a contract are summarized in the chart below:

CLIN

00002

00004

TOTAL

The contractor should provide rate information for each labor category they plan to utilize over the term of this contract. This information will be incorporated into section B of the award document. The contractor shall fill in the proposed labor rates in the chart below:

SECTION C

STATEMENT OF WORK

This Statement of Work is the general scope that describes the areas of potential work that may be required.

C.1 BACKGROUND

The Federal Railroad Administration’s Office of Research and Development conducts a variety of research programs for improving rail transportation safety and efficiency. Frequently, these programs are derived from short term reactive conditions requiring the research to be performed as expeditiously as possible. This contract is intended as a mechanism for providing timely responses in such instances, as well as to provide a mechanism for the support of programmed research.

The Railroad Safety Act of 1970 (PL91-458) vested broad powers in the FRA to regulate all matters affecting railroad safety. FRA RDT conducts research, development, testing and evaluation to support the Department's stated goals and statutory mandates. These activities provide a rational and effective basis for safety regulations and standards and/or revisions thereof, and promote general safety improvements in the rail industry. Within FRA RDT, the Track Division’s efforts focus on track and structures research and the interaction of rolling stock and track. The Rolling Stock Division’s efforts are directed towards improving the safety of rolling stock equipment, including hazardous material transport.

As discrete research requirements are defined, individual task orders will be established under this contract to address specific research needs. Topic areas which may be included in task orders under this contract will be aligned with the research program area priorities as listed below. Individual task orders may involve one or more of these areas.

Rolling Stock:

• Railroad Vehicles; Non‐electric Motive Power and Components;

• Hazardous Materials Transportation by Railroad;

• Railroad Operating Practices;

• Safety Management Systems

• Passenger and Freight Operations;

• Advanced Rail Systems Technology, including Positive Train Control;

• Railroad Signal, Communication, Control;

• Electric Traction Power; and

Track:

C.2 OBJECTIVES AND WORK SCOPE

The objective of this contract is to acquire engineering and analysis services support to meet FRA RD&T Rolling Stock and Track Division research and development goals. Such support may include the design, acquisition programming, operation, maintenance, and storage of sophisticated computer-based measurement and recording systems, as well as data recording and analysis activities utilizing such systems. Extensive field work may be required to meet research goals and objectives. In addition, tasks may include storage and maintenance of Government Furnished Equipment (GFE).

All work performed under this contract will be initiated by RD&T-generated Task Orders (TO) and accomplished under approved Task Plans of Action (TPAs). TPA requirements are detailed in Section H. An award made by the Contracting Officer (CO) will constitute approval to proceed with the assigned work as described in the TPA. Tasks may require studies of existing or improved conventional railroad systems, investigation of high speed rail systems, as well as new and emerging rail technologies. Specific investigations may include measurement and analysis of tracks, guideways, vehicles, and related systems. Additional activities will include engineering, data analysis, and dynamic modeling support in response to FRA Office of Safety (RRS) requests for assistance.

The contractor shall provide engineering services to design, fabricate, operate, maintain, and analyze the results from specialized instrumentation, including GFE, which will be become part of the GFE inventory of this program. The Contractor shall also support FRA research programs by providing engineering analysis, modeling, and technical support to joint efforts conducted by FRA with other organizations, such as the Association of American Railroad at the Transportation Technology Center (TTC), state organizations, Amtrak or other individual railroad companies, and academic research institutions. The contractor will perform these services as directed in Task Orders periodically issued under this statement of work, which shall be implemented upon award under approved Task Plans of Action.

As directed, the contractor shall also coordinate and support activities with the FRA RRS Automated Track Inspection Program (ATIP), associated contractors, and other program areas to acquire data for analysis and modeling, and to deploy and evaluate new track inspection and other railroad safety assessment systems. Many data sources may be utilized to support research goals, including data collected with FRA-owned assets.

FRA estimates that approximately 24,000 labor hours will be required over a three (3) year period. An option for an additional two (2) years with an estimated total of 16,000 labor hours may be exercised at the discretion of the FRA.

Based on history over many years, the chart below shows what FRA anticipates as the minimum requirements, percent utilization and total hours for the primary labor categories necessary to accomplish the work.

Hours

Total

C.3 TECHNICAL REQUIREMENTS

C.3.1 Design and Fabrication of Instrumentations

This work area involves providing instrumentation to acquire data relevant to railroad research in both conventional railroad systems and advanced or innovative train systems or components. Such instrumentation may be applied to track, guideway, and vehicle, operating control system or components of those systems. The contractor will receive guidance as to the issues to be addressed. The contractor must determine the specific variables which need to be measured, the available methods for measuring them, and design and acquire instrumentation to collect field data to accomplish RD&T research goals. This area requires state-of-the-art knowledge of instrumentation technology, particularly automated data acquisition as applied to the extremely harsh railroad environment. Instrumentation required must generally operate in the field, and must provide sensitive measurements yet be durable to survive the rigors of railroad service.

C.3.2 Design, Acquisition, and Programming of Data Acquisition Systems This work area involves the recording and processing of data produced from field or laboratory instrumentation. The contractor will also develop and apply microcomputer based data acquisition systems for new applications and as replacements or upgrades for equipment. The contractor must have facilities and personnel to evaluate, select, and implement such systems, relying on state-of-the-art knowledge of computer hardware and software capabilities. This will involve interfacing such systems with field instrumentation and/or to other data processing systems; designing, writing, and implementing software; and operating the systems in the laboratory or in the field.

C.3.3 Test Planning and Operations This work area involves arranging, coordinating, and conducting data acquisition activities in the laboratory or in the field, as necessary to accomplish RD&T research requirements. The contractor must assemble, transport, and coordinate test instrumentation, support equipment, data collection systems, and appropriate manpower resources to accomplish test objectives in accordance with approved plans and within approved TPA limits.

C.3.4 Engineering, Analyses, Modeling, Testing and Evaluation This work area involves providing engineering analysis to interpret data gathered pursuant to tasks under this contract or acquired from other sources. Activities may include formulating problem statements, planning data acquisition and analysis strategies, obtaining data from or furnishing data to other organizations, overseeing data processing to obtain useful information, analyzing and interpreting the results, and preparing the results and interpretations thereof for presentation in understandable form. Work tasks may involve the following activities:

· Perform tests and evaluations on materials or hardware, including railroad vehicles, involving stress, strain, strength, puncture resistance, deterioration, wear characteristics, flaw growth and fatigue under static and/or dynamic conditions with, where appropriate, the consideration of the influence of temperature changes and/or extremes;

· Design instruments and monitor tests to be performed by others;

· Design instrument, monitor or conduct tests to determine the operating envelope limits of railroad vehicles with regard to speed, curving, tipping, truck hunting, rail climb, load, vibration, consist configuration, terrain, track conditions, train handling and other operating environment characteristics which may be relevant;

· Design and/or conduct tests of the performance and safety implications of devices which may be installed or proposed for installation in or on a train to include such considerations as reliability, life expectancy (of the device), visibility, placement, equipment/equipment interface, human/equipment interface, and functional value;

· Evaluate track and equipment maintenance practices as they may affect the performance of the components serviced;

· Design fabricate, test or calibrate equipment intended to perform non-destructive evaluations of flaws or flaw growth in track and track components, vehicles and vehicle components and joiners such as welds, rivets, bolts;

· Investigate, characterize, and define the performance and safety implications of the dynamic interaction of trains and individual rail cars with track and track structures;

· Conduct fuel consumption studies and optimize fuel saving strategies that may be deployed;

· Conduct evaluations in revenue service on advanced railroad components that improve safety;

· Conduct railroad network and traffic assignment analyses which will likely consider routings, travel times, layover times, crew change points, costs train consists, and train control issues including dispatching and signaling

· Develop and/or use computer models which may simulate a variety of railroad operating situations including traffic flows, vehicle or vehicle sub-system performance, signal and communication system functions. Work areas may include vehicle and track interaction analysis, wheel/rail interface research, rolling stock equipment modeling analysis, hazardous material modeling, etc.;

· Perform statistical analyses of data developed by the contractor or provided by other sources;

· Prepare experimental designs to efficiently test experimental hypotheses and determine the statistical reliability of results;

· Conducts tests of signal system components in laboratory and/or field environments, and provide engineering analysis leading to component safety applicability, usefulness; and/or improvement in existing and/or emerging systems;

· Conduct analyses, experiments and equipment tests of advanced and traditional train control systems;

· Identify, evaluate, and determine hazard control methods for proposed types of electrical propulsion schemes for high speed guided ground transportation systems;

· Conduct analyses, experiments, and operational tests of dynamic performance of current collection apparatus for high-speed guided ground transportation systems

C.3.5 Equipment Maintenance and Storage

This work area involves providing support to store and maintain FRA-owned equipment at a level necessary to meet the requirements of approved TPA's. This area includes the routine maintenance and/or calibration of data collection systems, instrumented wheelsets, and smaller equipment such as transducers, bracketing, cabling, fixtures, and portable instrumentation and measurement equipment.

C.3.6 Data Processing and Software Maintenance

This work area involves data processing support to accomplish the objectives of approved TPA's. Work under the contract involves handling large volumes of digital data acquired from specialized data acquisition systems. The contractor must maintain the hardware, software, and personnel resources to handle such data effectively. Support requirements include programming, debugging and documentation of specialized software, data formatting, storage, and quality assurance, and data processing system maintenance and upgrading to maintain efficient and adequate data processing capabilities. Compatibility between field data-acquisition and processing systems must be maintained.

C.3.7 Management and Administration

This work area involves providing management and administrative support to overall contract activities. The contractor shall prepare draft TPA's as required by task order solicitations and briefing materials and presentations for comprehensive progress reviews; shall provide close liaison with the COR and overall coordination, monitoring, and uniform reporting on the progress of approved tasks; and shall meet other general management and administrative requirements as required by each specific Statement of Work (SOW).

The contractor shall provide engineering, drafting, and clerical services necessary to produce required contract documentation and maintain contract records and files; and shall prepare technical reports and technical descriptive data of a general nature related to contract activities.

C.3.8 Personnel Requirements

The Contractor shall provide personnel with demonstrated experience in railroad engineering and/or sciences who are proficient in one or more of the following disciplines:

· Engineering: Civil, Mechanical, Electrical, Industrial, Chemical, Systems, Safety, Metallurgical, I Information Systems

· Structures and Material Science

· Chemistry

· Railroad Operations

· Computer Science

· Statistics

· Testing, Instrumentation, and Experimental Design

· Dynamics and Modeling

· Economics

· Rail Track Design

· Rail Propulsion and Braking

· Hazardous Materials

C.4 START-UP TASK ORDERS

The Contractor shall prepare a research response to the following start-up task orders. The requirements for these responses are detailed in Section L

C.5.1 Rolling Stock Research Topic 2 (Section J – Attachment J-1)

C.5.3 Track Research Topic (Section J – Attachment J-2)

C.5 TASKS AND TASK ORDERING

C.5.1 Contract Management and Administration

Effective upon award of this contract, the contractor shall provide the necessary personnel, facilities, services, equipment, and materials for the overall management of this contract, all task orders issued hereunder, and the related technical activities performed by the contractor within this program. This work includes but is not limited to the following:

· Preparation of task plans of action (TPA) in response to preliminary task orders issued by the Contracting Officer (CO);

· Management control functions including: task order negotiations; financial accounting and schedule monitoring; subcontractor selection, negotiation and administration; and task staffing;

· Progress reports and briefings.

C.5.2 Task Orders

Task orders in one or more of the subject areas noted in Section C.3 are expected to be initiated as needs arise during the life of this contract. Tasks will be numbered sequentially. Task orders will be competed among IDIQ awardees.

C.6 TASK ORDER DELIVERY SCHEDULE

Each task order shall identify the deliverables and delivery schedule required for the work involved. In addition, the following is required:

C.6.1 Monthly Progress Reports

Within fifteen (15) days following the end of each month, the contractor shall submit an electronic copy of a progress report describing: major accomplishments during the reporting period; actual versus planned cost and schedule status; problems which may arise and recommended remedial actions; planned activities for the next three months; and minutes of status review meetings. This report shall include all tasks awarded under this contract.

C.6.2 Other Reports

Interim and final reports and software and data tapes shall be prepared in accordance with ANSI/NISO Z39.18‐1995 (Scientific and Technical Reports ‐‐ Elements, Organization, and Design), except for the cover which shall be in accordance with attached sample. Final reports shall be prepared in camera-ready format after FRA approval and shall also be supplied in MS-Word and PDF format for inclusion in the FRA e-library.

Deliverables will usually be technical reports, but may also be briefings, electronic media, hardware and software (computer programs) and associated user manuals including sample inputs and outputs from actual runs, drawings, photos, video tapes or some combination. The type of each deliverable will be determined by the nature of the requirement generating the task order and will be identified in each task order SOW.

C.7 SUSTAINABILITY

To the maximum extent possible and consistent with the Federal Acquisition Regulations Part 23, the Government requires during the performance of the work under each task order 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.”

SECTION D

PACKAGING AND MARKING

D.1 PRESERVATION, PACKING AND MARKING

(a) All packing and mailing of reports or submittals shall be accomplished in the most economical and efficient manner and in accordance with the best commercial practices.

(b) All information submitted to the Contracting Officer or the Contracting officer Representative (COR) shall be clearly marked with the name or the organization/contractor, the contract, task order and/or modification number as appropriate and the identification of the submission.

D.2 PAYMENT OF POSTAGE AND FEES

All postage and fees related to submitting information under the terms and conditions of the contract, including forms, report, etc., to the CO or the COR, shall be paid by the contractor.

SECTION E

INSPECTION AND ACCEPTANCE

E.1 CLAUSES INCORPORATED BY REFERENCE

52.246‐7 INSPECTION OF RESEARCH AND DEVELOPMENT—FIXED‐PRICE (AUG 1996)

52.246‐8 INSPECTION OF RESEARCH AND DEVELOPMENT—COST REIMBURSEMENT (MAY 2001)

SECTION F

DELIVERIES OR PERFORMANCE

F.1 PERIOD OF PERFORMANCE

The period of performance for this indefinite delivery/indefinite quantity contract is five years. The base period is three (3) years and option period one is two (2) years.

F.2 PLACE OF PEFORMANCE/DELIVERY

The Contractor shall submit all required deliverables, progress reports and documents in electronic format by email, referencing the contract number, to the e-mail addresses noted below for the Contracting Officer and Contracting Officer Representative. In the event that a shipment is necessary for delivery, the Contractor shall use the following mailing addresses.

Contracting Officer:

Isaac Rosier, Jr.

US Department of Transportation Federal Railroad Administration Office of Acquisition Services 1200 New Jersey Avenue, SE W34-206 Washington, DC 20590 202-493-6149 isaac.rosier@dot.gov

Contracting Officer’s Representative (COR):

US Department of Transportation Federal Railroad Administration 1200 New Jersey Avenue, SE W36-411 Washington, DC 20590 Attention: Tarek Omar 202-493-6189 tarek.omar@dot.gov

F.3 CLAUSES INCORPORATED BY REFERENCE

F.4 OBSERVANCE OF LEGAL HOLIDAYS AND EXCUSED ABSENCE (FIXED PRICE TASK ORDERS ONLY)

a. The Government hereby provides NOTICE and Contractor hereby acknowledges RECEIPT that Government personnel observe the listed days as holidays:

New Year's Day, January 1 Martin Luther King's Birthday, Third Monday in January President's Birthday, Third Monday in February Memorial Day, Last Monday in May Independence Day, July 4 Labor Day, First Monday in September Columbus Day, Second Monday in October Veterans Day, November 11 Thanksgiving Day, Fourth Thursday in November Christmas, December 25 Inauguration Day, January 20 every four years (Washington, DC only)

b. In addition to the days designated as holidays, the Government observes the following days:

Any other day designated by Federal Statute Any other day designated by Executive Order Any other day designated by Presidential Proclamation

SECTION G

CONTRACT ADMINISTRATION DATA

G.1 Transportation Acquisition Regulation (TAR) 1252.242-73 CONTRACTING OFFICER'S REPRESENTATIVE. (OCT 1994)

(a) The Contracting Officer (CO) may designate Government personnel to act as the Contracting Officer's Representative (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 Contracting Officer 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.

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

G.2 MONTHLY PROGRESS REPORT

For each task order issued hereunder, the Contractor shall furnish an electronic copy of a monthly progress report (Attachment J-3) to the COR and to the CO by email on or before the 15th of the month following the calendar month being reported. Each report shall contain concise statements covering the activities relevant to the statement of work, including:

· A clear and complete account of the work performed under each task listed in the statement of work. Present planned project accomplishments versus actual accomplishments in terms of time.

· An outline of the work to be accomplished during the next reporting period under each task.

· A description of any problem encountered or anticipated that will affect the completion of any requirement within the time and fiscal constraints as set forth in the contract, together with recommended solutions to such problems; or, a statement that no problems were encountered.

A description of any specific actions required by the CO and/or COTR to assist in the resolution of a problem or to affect the timely progression of the contract.

· A Risk Management Log describing risks that might affect the project and the characteristics of the risk. Types of risks that must be considered include risks potentially impacting: project schedule, deliverables, and costs. The Risk Management Log must be maintained on an on‐going basis during the entire period of performance to track risks, mitigation plans and status. Each risk will have a unique number, probability of occurrence and impact of occurrence rating.

· Preliminary or interim results, conclusions, trends, or other items of information that the Contractor feels are of timely interest to the FRA.

G.3 INVOICE INSTRUCTIONS

The contractor shall submit invoices for payment utilizing Standard Form 1034 prepared in accordance with “Instructions for Preparation and Submission of Public Vouchers” available via the following link: http://www.dot.gov/assistant-secretary-administration/procurement/tar-part-1232-contract-financing Send one original copy to the following address:

FAA MIKE MONRONEY AERONAUTICAL CENTER

HQ ROOM 272/FRA

6500 S MACARTHUR BLVD

OKLAHOMA CITY, OK 73169

or electronically to: 9-amc-amz-fra-invoices@faa.gov

Payment will be made by electronic funds transfer (EFT) to the contractor’s bank account in accordance with the banking information to be supplied by the contractor on the SF 3881.

Note: If FRA changes to another electronic invoicing system during the period of performance of the order, the contractor shall submit invoices using that new electronic invoicing system at no additional cost to the government. However, any new system will be free to use for the contractor.

G.4 INDIRECT COST CEILINGS (to be included in final contract if required by FRA)

Notwithstanding any other contract provision or clause, ceilings are hereby established on indirect costs reimbursable under this contract. The Government shall not be obligated to pay the Contractor any additional amount on account of indirect costs in excess of the ceiling rates listed below:

The ceiling rates to be specified herein shall be established by negotiation and shall be applicable from the effective date of the contract through the end of the period of performance including any option periods.

SECTION H

SPECIAL CONTRACT REQUIREMENTS

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

The contractor shall assure that any meeting/conference or deliverables provided pursuant to the contract will meet all applicable standards for accessibility to persons with disabilities in accordance with Sections 504 and 508 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), and any implementing regulations.

H.2 EXCLUDED FUNCTIONS AND RESPONSIBILITIES

(a) Functions and responsibilities directly involved or associated with the management of any FRA Office are expressly excluded from this contract or order issued hereunder. The parties hereby agree that any instructions, directives, or orders issued under this contract involving such management functions and responsibilities shall be null and void. The following activities are representative of the excluded functions and responsibilities that cannot be provided by the contractor under this contract or order issued hereunder:

(1) Policy making or management of FRA operations;

(2) Program or project management;

(3) Technical management of Government contracts;

(4) Government purchasing, contracting, contract administration, acceptance of materials and/or performance, and pay and accounting therefore;

(5) Direction or supervision of other Government contracts or Government agencies, or otherwise acting as an agent to obligate or commit in any capacity;

(6) Clerical and other administrative type functions required to be performed by civil service personnel; and

(7) Supervision of Government employees.

H.3 REPRODUCTION OF REPORTS

Federal printing and binding regulations require that printing or reproduction of reports, data, or other written materials produced under contracts or grants which exceed 5,000 production units of any page, or 25,000 production units in the aggregate, must be processed through the U.S. Government Printing Office (GPO). Accordingly, unless otherwise specifically approved in advance by the Contracting Officer, any project report or other written materials produced under an order on this contract that is expected to exceed these limits must be submitted to the COTR in one camera‐ready original. The Government will reproduce copies exceeding the above limits. Any use of color in the final report that would result in color printing (black plus one or more colors) must have prior approval of the Contracting Officer. All printing funded by this contract or order hereunder must be done in conformance with Joint Committee on Printing regulations as prescribed in Title 44, U.S.C., and Section 308 of Public Law 101‐163, and all applicable Government Printing Office and Department of Transportation regulations.

H.4 Transportation Acquisition Regulation (TAR) 1252.237 KEY PERSONNEL (APR 2005)

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

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

The Key Personnel under this Contract are:

(specify Key Personnel here)

H.5 TRAVEL AND PER DIEM

All travel reimbursable hereunder shall conform to the FAR 31.205‐46 and the following:

(a) All travel shall be reimbursed up to the NOT‐TO‐EXCEED dollar amount allocated for travel expenses in accordance with current Government travel regulations at economy class rates when available. If not available, reimbursement vouchers shall be annotated that economy class was not available. All travel must be pre‐approved in writing.

(b) The contractor shall be reimbursed for actual costs incurred for per diem/subsistence costs in accordance with current Government travel regulations. The Government travel regulations and per diem rates applicable to particular geographical areas of the United States are available electronically at website www.gsa.gov.

H.6 REMOVAL OF CONTRACTOR PERSONNEL

It is understood that all personnel assigned by the Contractor to the performance of work hereunder must be acceptable to the Government in terms of personal and professional conduct. Any person in the Contractor’s organization, who is deemed by the Contracting Officer or the COR to conflict with the interest of the Government, shall be immediately removed from this contract. The reason for removal shall be fully documented in writing by the COR or DOT Office of Security through the CO. Any security violations, denials or revocations of security clearance may be construed as grounds for immediate removal from the premises and the contract.

NOTE: The proposed replacement’s qualifications and experience shall be equal to those of the individual being replaced and the minimum requirements stated in the Section L.

H.7 ORDERING PROCEDURES

(a) Task Orders negotiated under this contract may be issued only by a designated Contracting Officer representing the U.S. Department of Transportation, Federal Railroad Administration.

(b) Task orders may be solicited, negotiated, and issued from the effective date of this contract through completion or termination of the base period and the two year option period of the contract. If all options are exercised, task orders may be issued through a five (5) year period commencing from the effective date of contract. The period of performance for individual task orders issued under this contract may extend for twenty-four (24) months beyond the period of performance of the contract for the base period and the option periods, if exercised.

(c) All task orders shall be subject to the terms and conditions of this basic contract. In the event of conflict between a task order and this contract, the contract shall control. The Government will issue task orders for those segments of work defined in the Statement of Work included herein in Section C.

The task orders shall be the instruments for specific work performance.

(d) Task order proposal requests will be sent to all IDIQ awardees and task orders will be issued a competitive basis by the Contracting Officer. Task order awards will be made in accordance with the evaluation criteria stated in the task order proposal request. Task orders will be executed through bilateral agreement between the contractor and the Federal Railroad Administration Contracting Officer. Task orders will be executed in writing using an Optional Form 347, a suitable agency‐approved form, or any other appropriate contractual instrument. The labor rates required for any cost reimbursement task order shall not exceed the proposed rates in the

IDIQ.

(e) There is no limit on the number of task orders that may be issued against this contract, if and when needed, within the maximum value of the contract. It is anticipated that cost plus fixed fee task orders will be negotiated for individual work requirements under this contract within the cumulative values stated for the base and each option period. However, if the Government’s requirements (in any period or in all periods combined) do not result in task orders against this contract beyond the stated minimum value ($25,000), that fact shall not constitute the basis for an equitable price adjustment.

(f) Any task order issued during the effective performance period of this contract and not completed by the contract end date shall be completed by the contractor within the performance period specified in the task. The task order 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.

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

1. Contract number and Task Order 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 cost for services to complete performance under the task order;

6. List of Government‐owned or third party property, material, or facilities to be furnished by the Government for the performance of the work, if any;

7. Milestones schedule for progress payments, if any;

8. The Not‐to‐Exceed dollar amount for contractor travel and other miscellaneous expenses to be reimbursed by the Government under the task order, if any.

9. Place and manner of inspection and acceptance;

10. Accounting and appropriation data;

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

12. Any other pertinent information.

H.8 TASK ORDER REQUEST FOR PROPOSAL (RFP) AND EVALUATION

(a) Each task order proposal request shall include the specific Statement of Work (SOW). After issuance of the request, the contractors shall prepare and submit to the Contracting Officer a proposal in accordance with the specific statement of work in the task order proposal request. The proposal shall serve as the basis for negotiation of a finalized task order and shall specify the following:

(1) The technical approach to the work to be performed to include assigned personnel;

(2) The estimated labor, including a cost estimate by labor category and billing rates for each task or subtask;

(3) The estimated direct material, travel, subsistence, and similar costs, if required;

(4) The proposed time schedule for performance, with milestones suitable for monitoring task progress and making payments;

(5) Dollar amount and type of any proposed subcontract, including detailed supporting documentation pertaining to proposed costs;

(6) The total estimated cost. The cost breakdown shall utilize the current applicable direct and indirect cost rates; and

(7) Any other pertinent information related to the technical approach or pricing.

(b) Upon receipt of the contractors’ proposals, the Contracting Officer will evaluate the proposals to determine the proposal that represents the best value to the government. The Government reserves the right to accept or reject the contractor’s proposal without further discussions or negotiations. The Contracting Officer will hold negotiations, as necessary, to resolve any technical and cost issues in the selected proposal.

(c) Upon completion of the above process, the contractor shall be issued a completed order document accompanied by the Statement of Work to include the incorporation by reference of the accepted technical approach within the proposal. Only upon receipt of a fully executed, written task order shall the contractor commence work hereunder. The Government shall not be obligated to reimburse the contractor for work performed, items delivered, or costs incurred, nor shall the contractor be obligated to perform, deliver, or otherwise incur costs except as authorized by a fully executed, written task order, which has been signed by the Federal Railroad Administration Contracting Officer.

H.9 U.S. DEPARTMENT OF TRANSPORTATION (DOT) CONTRACTOR PERSONNEL SECURITY AND

AGENCY ACCESS (NOVEMBER 2011)

The following definitions are provided:

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

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

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

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

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

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

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

IF THE DESIGNATED RISK IS: THE BACKGROUND INVESTIGATION IS:

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

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

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

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

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

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

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

4. Background Investigation and Adjudication – The contractor employee must have a favorable adjudication of background investigation before DOT will issue an ID card to the contractor employee granting access to DOT facilities, sensitive information, information systems or other DOT resources. DOT may accept favorable adjudications of background investigations from other Federal agencies when applicants have held PIV cards issued by those agencies with no break in service.

DOT may also accept PIV‐I (interoperable) cards issued by an authorized PIV‐I issuer as evidence of identity. A favorable adjudication does not preclude DOT from initiating a new investigation when deemed necessary. At a minimum, the FBI National Criminal History Check (fingerprint check) must be favorably completed before a DOT identification card can be issued. Each contractor must use the Office of Personnel Management’s (OPM) e‐QIP system to complete any required investigative forms. Instructions for obtaining fingerprints will be provided by the COR or CO. The DOT Office of Security, M‐40, or a DOT organization delegated authority by M‐40, is responsible for adjudicating the suitability of contractor employees.

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

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

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

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

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

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

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

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

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

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

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

9. Background Investigation Cost – The contractor shall bear the cost of any required background investigation.

H.10 DATA RIGHTS

52.227‐14 RIGHTS IN DATA—GENERAL (MAY 2014) ALT I (DEC 2007)

(a) Definitions. As used in this clause— “Computer database” or “database means” a collection of recorded information in a form capable of, and for the purpose of, being…