SECTION L 7-28-08.doc

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RFP Number DTFT60-08-R-0010

SECTION L- INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

L-1

PROPOSAL INSTRUCTION

(a)

As prescribed by FAR 52.215-16, the Government may award a contract on the basis of initial offers received, without discussion.

Therefore, your initial offer should contain your best terms from a technical and price standpoint. The government reserves the right to conduct discussions if the Contracting Officer determines that they are necessary.

Under separately-bound, two volume format, the Offeror is requested to submit: one (1) original proposal, plus nine (9) hardcopies of Volume 1 Qualifications/Capability (Technical) Proposal; and one (1) original proposal, plus three (3) hardcopies of Volume II Cost Proposal for this effort. The effort shall be performed in accordance with the Statement of Work. Your original proposals, plus the designated hardcopies, shall be submitted to the following address:

U.S. Department of Transportation

Federal Transit Administration

Office of Procurement, TAD-40

East Building (4th Floor)

1200 New Jersey Ave., SE

Washington, DC 20590

Attn: Dorian Ridley, Contracting Officer In addition to the hardcopy proposal submission Offerors must provide three copies of their Technical proposal and three copies of their Cost proposal, properly labeled, on a compact disc read only memory (CDROM). The Cost proposal CDROM must include cost submissions in a .pdf format. In addition, forms J-5 and J-6 must be provided as accessible Excel spreadsheets. This is the same format that J-5 and J-6 have provided in for preparing the Offerer’s proposal. All proposals must show the RFP Number DTFT60-08-R-000010 on the cover page and outside of the envelope.

Proposals must be received no later than 5:00 pm EST on Tuesday, August 26, 2008.

A two-volume written proposal shall be submitted by Offerors in accordance with Section L.2.1. Volume 1 will address the technical submission of the Offeror’s qualifications and capabilities. Volume 2 will address the Offeror’s cost proposal.

(b) Only uniformed couriers dressed in a uniform bearing their organization's name and possessing official identification may deliver proposals or sealed bids. Security procedures prohibit non-uniformed couriers from delivering material directly to offices in the DOT Building; such couriers must delivery material to the west building security entrance at the DOT Building. The guard will accept the material, dismiss the courier, and then the material will be examined prior to being delivered to the Office of Procurement (TAD-40) through the normal DOT Building mail delivery procedures. Offerors planning to use non-uniformed couriers or other means of delivery should make allowances for these procedures in order to assure that offers arrive at FTA’s Office of Procurement (TAD-40) on time. Bids/offers must be received by the Office of Procurement (TAD-40) to be considered timely, not just delivered to the DOT mail room or loading dock.

(c) Consistent with FAR 52.215-1 (JAN 2004), "Instructions to Offerers - Competitive Acquisition." Offerors that include in their proposal data that they do not want disclosed to the public for any purpose, or used by the Government except for evaluation purposes, shall:

(1) Mark the title page with the following legend: This proposal includes data that shall not be disclosed outside the Government and shall not be duplicated, used, or disclosed -- in whole or in part — for any purpose other than to evaluate this proposal. If, however, a contract is awarded to this offeror as a result of - or in connection with - the submission of this data, the Government shall have the right to duplicate, use or disclose the data to the extent provided in the resulting contract. This restriction does not limit the Government's right to use information contained herein if it is obtained from another source without restriction. The data subject to this restriction are contained in sheets [insert numbers or other identification of sheets]; and

(2) Mark each sheet of data it wishes to restrict with the following legend: Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal.

(d) Facsimile, email proposals will NOT be considered for this solicitation.

(1) The Source Evaluation Board (SEB) will evaluate the proposals using the criteria in this Section M. A Source Selection Official (SSO) will select Offerors for contract award using the best value analysis described in this Section M.

(2) The instructions set forth in this Section L are designed to provide guidance to the Offeror concerning the documentation that will be evaluated by the SEB. The Offeror must furnish adequate and specific information in its response. A proposal shall be eliminated from further consideration before the initial ratings if the proposal is so grossly and obviously deficient as to be totally unacceptable on its face. For example, a proposal will be deemed unacceptable if it does not represent a reasonable initial effort to address the essential requirements of the solicitation, or if it clearly demonstrates that the Offeror does not understand the requirements of the solicitation. In the event that a proposal is rejected, a notice will be sent to the Offeror stating the reason(s) that the proposal will not be considered for further evaluation under this solicitation.

L.2

WRITTEN PROPOSAL AND ORAL PRESENTATION INSTRUCTIONS

(a)

A separately-bound, two-volume written proposal shall be submitted by Offerors in accordance with Section L.2.1.

(b)

In addition to the written proposal, Offerors in the competitive range shall make oral presentations to the Government. In the event there is a discrepancy between the written proposal and the oral presentation, the written proposal takes precedence. Oral presentations shall be conducted in accordance with the instructions in Section L.2.10.

(c)

If the Offeror fails to submit a written proposal as scheduled, the Government will consider the entire offer to be non-responsive.

(d)

Offerors shall submit only the information required by this section. Marketing literature, marketing or product videos, catalogs, manuals, product literature, or other extraneous information, either electronic or hard copy provided with the proposal or at the oral presentation will not be reviewed or utilized in the evaluation.

L.2.1 Written Proposals Offerors shall submit their written proposals in accordance with Section L.1(a). The written proposals shall be provided in two (2) separately-bound volumes, as follows:

Volume I – Qualifications/Capabilities (Technical) Proposal Executive Summary

Section 1 – Personnel Qualifications Section 2 – Technical Excellence Section 3 – Management Capability Section 4 – Past Performance Section 5 – Organizational and Individual Conflicts of Interest

Section 6 – Socioeconomic Status Volume II – Cost Proposal

Executive Summary

Section 1: Cost Proposal – General

Section 2: Cost Proposal

The written proposal, submitted as Volume I and II shall be evaluated based on the information presented. Therefore, organization, clarity, accuracy of information, relevance, and completeness are of significant importance.

L.2.2 Written Proposal Organization The following table summarizes written proposal’s organizational requirements.

The proposal should have a paper size limitation of 8.5 inches by 11 inches. Font size shall be 12 point. Font type shall be Times New Roman. A smaller legible font is permitted for graphics, matrices, tables, captions, and the organization chart. Graph, table, figures are to be a minimum of Times New Roman 10 point font.

The total page count for the technical proposal shall not exceed 80 pages, excluding the resume reporting requirements and the Section J attachments the offeror is required to submit.

NOTE: In the table L2.2 below, section letters contained in the “Sections” column correspond to those section letters contained in the “Maximum Pages and Special Instructions” column.

Proposal

Volume

Copies

Volume I:

Qualifications and Capabilities (Technical)

Section 1 –Personnel Qualifications A. Resume Summaries B. Key Personnel Letters of Commitment C. Retention Plan

(Reference Section L.2.4 for preferred qualifications for Key Personnel)

A. A. Minimum of one Resume Summary per labor category or skill set, providing only relevant experience information, not to exceed three (3) pages each.

B. Scanned images are acceptable. One (1) required from each key person and one (1) page limit per letter.

C. Limited to a maximum of 2 pages, singled sided.

Section 2 – Technical Excellence A. Technical Approach

B. Quality Control Plan

C. Prior experience A. Limited to a maximum of 15 pages, single-sided.

B. Limited to a maximum of 10 pages, single-sided.

C. Limited to a maximum of 5 pages, single sided.

Section 3 – Management Capability A. Management Plan, consisting of the elements contained in Section L.2.6 below.

A. Limited to a maximum of 15 pages, single-sided.

Section 4 – Past Performance A. Past Performance Information (PPI) Form Reference Attachment J-4

A. Maximum of five (5) past performance references covering the last 5 years. Maximum one (1) page limit per PPI reference.

Section 5 – Organizational and Individual Conflicts of Interest

A. Conflict of Interest Matrix Spreadsheet

Reference Attachment J-5 A. Offeror to provide conflict status for each project listed in the Government-provided matrix spreadsheet.

Reference Attachment J-5 in Section J, List of Attachments

Volume II:

Cost Proposal

one (1) original, and three (3) hard copies

Section 1 – Cost Proposal – General

No page limitation.

Section 2 – Cost Proposal A. Cost / Price Information A. No page limitation.

Table L2.2

L.2.3 Volume 1: Executive Summary At the beginning of Volume I, the Offeror shall include a three (3) page Executive Summary of the information contained in the following sections/subsections of Volume I. The information provided in the Executive Summary is not to introduce any new marketing literature or any other extraneous information.

L.2.4 Volume 1, Section 1: Personnel Qualifications

a) Offerors shall provide resumes for their Key Personnel, as identified below. The page count for each resume shall not exceed three (3) pages. Preferred professional qualifications of key personnel are presented below. Each requirement should be satisfied to be best qualified for the Key Personnel position. The requirements for a position or positions may be fulfilled concurrently:

Program Manager

· Minimum 15 years of management of Project Planning, Engineering, Architecture service contract with experience in passenger rail or other modes, and

· Degree in (BS, Masters, or PhD) in Engineering, Architecture, Planning, Business or Government Administration, and

· Professional Engineer or Registered Architect or PMP certification or 15 years experience in a program management oversight program, and

· Required to be an employee of the Contractor(s) (no subcontractors) and,

· The resume should highlight the listed experience in passenger rail or other transportation modes:

· Engineering design management

· Project planning management

· Construction management

· NEPA report development

· Public outreach management

· Federal grant management process

· Regulatory and compliance experience

· Providing project oversight services to a grant management program Task Order Manager

· Minimum 15 years of management of Project Planning, Engineering, Architecture service contract with experience in passenger rail or other modes, and

· Degree in (BS, Masters, or PhD) in Engineering, Architecture, Planning, Business or Government Administration, and

· Professional Engineer or Registered Architect or PMP certification or 15 years experience in a program management oversight program, and

· Required to be an employee of the Contractor(s) (no subcontractors) and,

· The resume should highlight the listed experience in passenger rail or other transportation modes:

· Engineering design management

· Project planning management

· Construction management

· NEPA report development

· Public outreach management

· Federal grant management process

· Regulatory and compliance experience

· Providing project oversight services to a grant management program Civil Engineer (PE)

· Minimum 10 years of management of Project Planning, Engineering, Architecture service contract with experience in passenger rail , fixed guideway,and other transportation modes, and

· Minimum 5 years of engineering design experience in rail or other transportation modes, and

· Minimum 5 years of construction management experience in rail or other transportation modes, and

· Degree (BS, Masters, or PhD) in Civil Engineering, and

· Professional Engineer

· May concurrently serve as the Systems Integration Manager or Risk Assessment Manager Systems Integration Manager

· Systems engineering management and system integration management inclusive of signals, communication propulsion power systems and control center engineering, and

· Minimum 10 years of management of Project Planning, Engineering, Architecture service contract experience in rail or other transportation modes, and

· Minimum 5 years of engineering design management experience in passenger rail or other transportation modes, and

· Minimum 5 years of construction management experience in rail or other transportation modes, and

· Degree (BS, Masters, or PhD) in Engineering or Architecture

· May concurrently serve as the Civil Engineer or Risk Assessment Manager Risk Assessment Manager

· Minimum 3 years of Management of Project Risk Assessment experience in transit, and

· Minimum 5 years of Project Risk Assessment experience in other transportation modes, and

· Minimum 5 years of Risk Assessment in safety or geotechnical engineering and

· Minimum 3 years experience providing project oversight services highlighting the FTA Risk Assessment products, and

· Degree (BS, Masters, or PhD) in Engineering, Business, Government Administration or Mathematics, and

· Professional Engineer or PMP certification

· May concurrently serve as the Systems Integration Manager or Civil Engineer The Contractor shall complete and submit Attachment J-1 (Key Personnel and Support Staff Resume Form) contained in Section J, List of Attachments, of this RFP for each key person and support staff personnel who will participate in this contract in accordance with the Section M-4(a). Attachment J-2 , Required Skill Sets (Disciplines) referenced in Section J, List of Attachments provides a complete listing of both required Key Personnel and anticipated Support Staff for this contract. Offeror’s are to provide one resume for each skill set with the resumes grouped as they are listed in Attachment J-2, with personnel of the prime Contractor or joint venture partner firms identified as well as the names of sub-Contractors. One individual may provide more than one skill set. Note: Only one resume will be evaluated for each labor category. Additional resumes may be presented in a separate grouping which will not be considered as part of evaluation. The following information must be provided for each resume:

(1) Name: Self-explanatory.

(2) Role in This Contract: Skill Sets (Disciplines).

(3) Years Experience: Total years of relevant experience, and years of relevant experience and experience with current firm.

(4) Firm Name and Location: Name, city and state of the firm where the person currently works, which must correspond with one of the firms that are part of the proposer’s team.

(5) Education: Provide information on the each relevant academic degree(s) received. Indicate the area(s) of specialization and concentration for each degree.

(6) Current Professional Registration: Provide information on current relevant professional registration(s) in a State or possession of the United States, Puerto Rico, or the District of Columbia.

(7) Other Professional Qualifications: Provide information on any other professional qualifications relating to this contract, such as education, professional registration, publications, organizational memberships, certifications, training, awards, and foreign language capabilities.

(8) Relevant Projects: Provide information on at least one and up to five projects in which the person had a significant role that demonstrates the person's capability relevant to her/his proposed skill set role in this contract. These projects do not necessarily have to be any of the projects presented in Section L.2.7 for the project team if the person was not involved in any of those projects or the person worked on other projects that were more relevant than the team projects in Section F. Indicate if the project was performed with another firm. Indicate if any of the professional services or construction projects are not complete.

b) Key Personnel Letters of Commitment The Offeror shall provide letters of commitment that provide evidence of the corporate intent to commit these Key Personnel in the service of the FTA requirement from the date of contract award through the completion of the applicable work. An employee proposed for a Key Personnel role must be supported by a letter of commitment. A letter of commitment shall include the name of the person whose resume is provided, and an indication of the percentage of time the employee will be available to be assigned during the term of this contract. Limited availability will result in a lower evaluation score. A corporate official and each key person shall sign their commitment letters. Letters should be scanned for insertion into the proposal document, and are limited to one (1) page each. An employee of a sub-contractor proposed for a Key Personnel role must be supported by a letter of commitment from the individual and the individual’s employer L.2.5 Volume 1, Section 2: Technical Excellence The Offeror shall provide the following information in accordance with the evaluation criteria contained in Section M-4(b).

(a) Technical Understanding and Approach: In its proposal, the Offeror shall submit its planned technical approach to successfully accomplish the contract requirements. The Offeror shall explain the techniques and methodologies it intends to use, taking into consideration use of the Oversight Procedures (OP), Attachment J-3, Oversight Procedures, provided in Section J of this RFP, in the execution of the Section C (Statement of Work) requirements.

(b) Technical Planning: In its proposal the Offeror shall submit a quality control (QC) plan that clearly demonstrates and identifies the QC system the Contractor intends to use to effectively manage the quality of the work they perform and that the work meets all contract requirements. The Offeror shall demonstrate, through development of a quality control plan, its ability to provide all required deliverables: at the required frequency; within the allocated time, and in conformance with contract requirements.

(c) Prior Experience: The Offeror shall provide a minimum one contract and a maximum of five contracts it has had within the last 5 years in the area of project management oversight. The work experience must have been in one of the following areas of interest: civil engineering project; fixed guide-way project; or transit or railroad project. The contract must have or had a construction value equal to or greater than $20,000,000. Prior experience shall be used to evaluate the Offeror’s technical expertise and determine whether the Offeror has performed such work in the past.

L.2.6 Volume 1, Section 3: Management Capability

The Offeror shall submit a management plan that demonstrates how it will effectively manage all aspects of contract performance. The management plan shall include:

a) an organizational chart delineating lines of authority, responsibility and communication,

b) identified management techniques that will facilitate early identification and resolution of problems, the prompt response to changes, and ability to react to workload fluctuations,

c) a staffing plan that clearly represents an appropriate level and labor mix, and reflects the technical input and ability for successful and timely contract performance, and

d) a subcontracting plan that clearly demonstrates how the Offeror will meet the 20% goal for participation of small disadvantage, women-owned, Hub-Zone, Veteran and Service-Disabled Veteran, 8(a)Program, and small businesses.

L.2.7 Volume 1, Section 4: Past Performance

The Offeror shall complete and submit Attachment J-4 (Past Performance Information Form) contained in Section J, List of Attachments, of this RFP for each past performance reference the Offeror submits in accordance with Section M-4(d).

The Offeror shall submit written documentation of its past performance information within the last five (5) years as outlined below. Through a past performance summary, the Offeror shall identify current and past contracts (these may be federal, state, local government or private contracts) for the same or similar work, including the contract number, dollar value, dates, name of contracting agency, a contact telephone number, and a description of the work effort. The Offeror must clearly show how the work under each referenced contract is relevant to the proposed effort. Some, but not necessarily all, of the references will be checked by the Government to verify the quality of the past performance over the past five years. Offerors may describe the quality of their performance on the referenced contracts and must also provide information on predecessor companies, key personnel who have relevant experience or subContractors that will perform major or critical aspects of the requirement. Offerors are required to identify any performance difficulties in the referenced contracts and to discuss corrective measures taken. The Offeror shall provide written evidence that it was able to identify the cause of the problems and demonstrate that the problems were resolved to the satisfaction of the requiring activity. If past problems are not fully addressed, it will be assumed that those problems still exist, and the proposal will be evaluated accordingly. The Offeror should submit copies of agency-developed Contractor performance reports on past or current contracts as part of their past performance information, if available. Offerors should provide information on awards or commendations that they have received regarding work on referenced contracts. In the event the Government receives adverse past performance information from the Offeror’s references during the Government’s past performance reference checks, the Offeror shall be given an opportunity to respond.

L.2.8 Volume 1, Section 5: Organizational and Individual Conflicts of Interest

The Offeror shall complete and submit the Government-provided Conflict of Interest matrix spreadsheet, Attachment J-5, in Section J, List of Attachments. The Offeror is not allowed to alter the content in the spreadsheet. The Offeror is required to indicate in the required fields whether there is or isn’t a conflict of interest and whether or not the Offeror is interested in the project assignment based upon their contract status. Offerors shall refer to the Conflict of Interest language in Section H Special Requirements prior to completing and submitting the Conflict of Interest matrix spreadsheet.

L.2.9 Volume 1, Section 6: Socioeconomic Status The Offeror shall refer to Section K, Representations, Certifications, and Other Statements of Offerors, where Small Businesses are required to self-certify their status. Offerors possessing 8a, HubZone or Small Disadvantage Business shall provide a copy of their certification letter from the Small Business Administration (SBA) verifying their status in these three categories. The Government shall verify all information through SBA and Central Contractor Registration (CCR).

L.2.10 Oral Presentation In addition to the written proposal, Offerors determined by the SEB to be in the competitive range shall make oral presentations to the Government.

Offerors in the competitive range will be notified by the Office of Procurement (TAD-40) to conduct an oral presentation at:

U.S. Department of Transportation

Federal Transit Administration

1200 New Jersey Ave., SE

Washington, DC 20590

The Office of Procurement (TAD-40) will instruct Offerors in the competitive range as to the time and location of the oral presentation.

(1) The Contractor shall ensure that all personnel designated as key personnel (to include Program Manager, Task Order Manager, Civil Engineer (PE), System Integration Management professional, Risk Assessment professional) for the FTA contract are introduced in person at the Oral Presentation and that only the key personnel represented in the Offeror’s proposal make the Oral Presentation.

(2) The questions will be asked at the time of the Offeror’s oral presentation and will not be published or made known to the Offeror in advance.

(3) Maximum allotted time for presentation is 1 (one) hour.

(4) Other details regarding facilities, equipment, presentation format, etc. will be provided to those Offerors in the competitive range designated to make Oral Presentations.

L.2.11 Volume II, Section 1: Cost Proposal- General

a) General

All information shall be grouped-divided for each firm. Information submitted for the prime Contractor must be reflected first. All Offerors shall submit the following information:

(1) RFP Section A (Standard Form 33), RFP Section B, and RFP Section K. Blocks 12 through 18 of Standard Form 33 must be filled in as appropriate, signed and returned with the offer.

(2) Section K of this RFP, "Representations, Certifications, and Acknowledgements" must be filled out, signed by an authorized organizational representative, and returned as part of your proposal. This requirement applies to all subContractor's/consultants.

(3) Your cost proposal shall be specific and complete in every detail. The Offeror and all proposed subContractors shall complete and submit cost proposals utilizing Attachment J-6, Contract Pricing Summary, provided in Section J, List of Attachments, with appropriate back-up material as follows:

· Managerial, technical and professional labor costs

· Fringe Benefits, if appropriate

· Overhead costs

· Travel and Per Diem costs (plug-in value provided)

· Other Direct Costs (plug-in value provided)

· Consultant/SubContractor costs, appropriately detailed

· G&A Cost and the application thereof

· Facilities Capital Cost of Money, if appropriate

· Fixed Fee (fee is not authorized for travel and Per Diem expenses, Other Direct Cost, nor subContractor/consultants proposed cost).

The plug-in value for Travel and Other Direct Costs may be applied to Contractor's cost and/or subContractors cost, but shall not exceed the government's estimated value of $850,000 applied to the Contractor’s costs

(4) If other divisions, subsidiaries, a parent or affiliated companies will perform work or furnish materials under this proposed contract, please provide the name and location of such affiliate and your intercompany pricing proposal.

(5) Attachment J-6, pages 1, 2, 3 and 4 are provided as calculating worksheets for the submission of the cost proposal. Delete the sample entries that were provided to demonstrate the mathematics of the spreadsheets.

(6) Additional Page 4 forms may be added to include all subcontractors.

(7) On page 1, addition rows are to be added by the Offeror to present all employees and all subcontractors. To be presented as one page, J-6, page 1 may utilize a foldout.

(8) The Offeror and subContractors are to apply the entries required and these are highlighted in yellow. Entries provided by FTA are highlighted in blue, and must be applied to the Offeror and/or appropriate subcontractor J-6 page. Entries highlighted in red should not be utilized in the proposal.

L.2.12 Volume II, Section 2: Cost Proposal

a) Cost / Price Information

(1) Adequate price competition is expected to exist, and this action is therefore exempt from the requirement for submission of cost or pricing data. However, all Offerors (prime and subContractors) shall submit a budget summary for the entire contract period of performance. A separate Direct Labor cost is calculated for each labor category (skillset) for each year and is presented in a 5 year summary for the project. Budget summaries shall clearly identify the following:

· Direct labor by labor categories to include the RFP provided hours, and the Contractor provided rates, and escalation. NOTE: Offerers must relate labor categories to the Government labor categories provided.

· Fully burdened rates of subcontractors are permitted where an audit has not been performed and approved. Fully burdened rates must not be escalated prior to an audit approved by the Contracting Officer (TAD-40).

· All applicable indirect rates including their corresponding basis.

No unallowable costs should be included in any overhead rates (see the Federal Acquisition Regulations Parts 30 & 31 for details). NOTE: Offerers must provide dollar values as well as percentages.

· Other Direct Costs and Travel: For purposes of this solicitation, assume travel and other direct costs of $850,000 for these categories. These line items will be reimbursed at cost as determined reasonable, allocable and allowable for payment.

NOTE: Although a plug-in value is provided for travel and other direct costs, these items will be reimbursed at cost, or as negotiated for each task order award.

· Fixed fee and its basis. NOTE: Fee is not authorized for Travel and Per Diem expenses, Other Direct Costs and Sub-consultants.

This information is necessary to determine the adequacy of the Offerer's proposal, e.g., information adequate to validate that the proposed costs are consistent with the technical proposal, or cost breakdowns to help identify unrealistically priced proposals.

(2) Any information submitted must support the price proposed. Include sufficient detail or cross-references to clearly establish the relationship of the information provided to the price proposed. Support any information provided by explanations or supporting rationale as needed to permit the Government to evaluate the documentation (to include Federal and Independent audit information, breakout of overhead/G&A pools as appropriate). Such information is not considered cost or pricing data, and will not require certification in accordance with FAR 15.406-2.

(2) If, after receipt of offer, the Contracting Officer concludes there is insufficient information available to determine price reasonableness and none of the exceptions described in FAR 15.403-1 applies, then cost or pricing data shall be obtained. As a minimum, a budget summary shall be submitted for each year of the contract period (reference paragraph 1 above).

NOTE: There is a clear distinction between submitting cost or pricing data and merely making available books, records, or other documents without identification. The requirement for submission of cost or pricing data is met when all accurate cost or pricing data reasonably available to you have been submitted, either actually or by specific identification, to the Contracting Officer or an authorized representative. As later information comes into your possession, it should be promptly submitted to the Contracting Officer. The requirement for submission of cost or pricing data continues up to the time of final agreement on price.

(3) The Offeror shall state whether the Federal Government currently approves its and its proposed subContractors’ accounting systems without conditions. If not, the Offeror shall explain any existing conditional approvals and the status where approval does not exist or has been denied. Provide a copy of any Federal Government agency audit reports prepared within the last three (3) years. If Federal Government audits are unavailable, provide complete and accurate financial statements from you and/or your subContractor's CPAs/accounting firm, include a certified statement from a CPA and/or accounting firm stating whether your and/or your subContractor's accounting systems are adequate to segregate costs.

(4) The Offeror, and its proposed subContractors, shall make its records available for pre-award or post-award audits.

b) Staffing Proposal

(1) For purposes of determining contract cost over the 5-year period of performance, the following distribution of hours is to be used in preparing your cost proposals. Your proposal must reflect the labor classifications reflected below, the hours assigned to each labor category and a total of 60,000 hours. The total hours for each labor classification shall be equally distributed over the period of performance, i.e. 12,000 total labor hours per year.

Labor Classification __________ ____________ Estimated Number of Labor Hours

(2) he cost proposal of the prime Contractor must incorporate the proposed cost of its subContractors on line 5.c. of the Contract Pricing Summary (similar formats are allowed).

(3) A breakout of the actual positions and salaries that comprise maximum labor rates must be provided as supporting information.

(4) The following chart, which is integrated into attachment J-6 page 2, is to be submitted so that it provides the maximum labor rate per position, inclusive of application of the proposed escalation factors for each year of the contract. Work performed in 2014 is to be priced at no more than the maximum rates for 2013.

Prime or Sub Contractor [insert name] (escalation factor, maximum 4% ), Maximum Labor Rate Rate

Program Manager (No Subs)

Task Order Manager (No Subs)

Systems Integration Manager

Civil Engineer (PE)

Risk Assessment Manager

QA/QC Manager (CMQ/OE)

Business Economics Manager

Professional Planner (PP)

Government and Regulatory Manager

Contracts and Terms Manager

Procurement / Supply Manager

Real Estate Manager

Architect/Architectural Engineer (RA)

Rail Vehicle/Bus/Motor Vehicle Engineer

System Safety Expert

Construction Management Manager

Transit Operations Planning Manager

Mobility Expert

Project Scheduling Manger

Document Control Manager

Cost Estimation Manager

Industrial Engineer

Rail Signal Engineer

CBTC / Automatic Train Control Engineer

Communications Engineer

Rail / Bus Vehicle Maintenance Manager

Rail Right of Way Maintenance Manager

Rail Track Design Engineer (PE)

Roadway Design Engineer, BRT (PE)

Structural Engineer (PE)

Bridge Engineer (PE)

Environmental Engineer (PE)

Geotechnical Engineer (PE)

Tunnel Engineering/ Construction Manager

Value Engineer

Mechanical Engineer (PE)

Electrical / Traction Power Engineer(PE)

Fare Collection Manger

Data Acquisition Manager (DAS)

System Security Expert

Construction Safety Manager

Buy America Expert

Clerical Support Staff

(5) Forward pricing rate agreements, forward pricing plans, and data in support of, shall be provided for the Offeror and its proposed subcontracting firms, if available.

(6) As supporting documentation, provide a breakout of the number of hours, per position, per year of performance used in establishing your cost (based on application of the escalation factor and other adjustments taken).

L.3

OTHER FINANCIAL/ORGANIZATIONAL INFORMATION

General Information, The Offeror and its proposed subContractors shall attach a supplemental sheet providing the following information.

(a) Indicate the firm’s fiscal year period (provide month-to-month dates).

(b) Indicate whether the proposed indirect cost rate(s) have been audited and accepted by any Federal Audit Agency.* Provide name, location and telephone number of the agency and the date of acceptance.

*lf the answer to b) above is no, data supporting the proposed rates must accompany the cost proposal. The data shall include a breakout of the items comprising overhead and G&A rates, and the base upon which the burdens are computed. NOTE: Any cost proposed for independent research and development (IR&D) and bid and proposal (B&P) cost effort will not be allowed unless they can be shown to relate to FTA programs.

(c) Indicate whether your system of control of Government property has been approved by a Government Agency. If so, provide the name, location, contact person, and telephone number of the Government agency.

(d) Indicate whether written purchasing procedures exist, and whether your purchasing system has been approved by a Government agency.

If so, provide the name, location and telephone number of the cognizant agency, and date of approval.

(e) Indicate whether your cost accumulation system has been approved by any Government agency. If so, provide the name, location and telephone number of the cognizant agency, and date of approval.

(f) Indicate whether your cost estimating system has been approved by any Government agency. If so, provide the name, location and telephone number of the cognizant agency, and date of approval g) Submit a current financial statement, including a balance sheet and income statement for the last completed fiscal year. Specify resources available to perform the contract without assistance from any other source. If sufficient funds are not available, indicate the amount required and the anticipated source (i.e., bank loans, letter or lines of credit, etc.)

h) Indicate whether your firm has an established written incentive compensation or bonus plan. If so provide a copy.

i) Complete and submit Attachment J-12 Disclosure of Lobbying Activities Form provided in Section J of this RFP.

Until a formal notice of award is issued, no communication by the Government either written or oral shall be interpreted as a promise that an award will be made.

L.4 FEDERAL ACQUISITION REGULATIONS (48 CFR CHAPTER) SOLICITATION PROVISIONS

52.252-1 Solicitation Provisions Incorporated By Reference (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 Contracting Officer will make their full 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. Also, the full text of a solicitation provision may be accessed electronically at this address: http://www.arnet.gov/far/ 52.215-1 Instructions to Offerors-Competitive Acquisition

JAN 2004

52.222-46 Evaluation of Compensation for Professional

FEB 1993

Employees 52.232-38 Submission of Electronic Funds Transfer

MAY 1999

Information With Offer 52.237-10 Identification of Uncompensated Overtime

OCT 1997

FEDERAL ACQUISITION REGULATION (FAR) CLAUSES IN FULL TEXT

1.

52.204.6 DATA UNIVERSAL NUMBERING SYSTEM (DUNS) NUMBER (OCT 2003)

(a) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “DUNS” or “DUNS+4” followed by the DUNS number or “DUNS+4” that identifies the Offeror’s name and address exactly as stated in the offer. The DUNS number is a nine-digit number assigned by Dun and Bradstreet, Inc. The DUNS+4 is the DUNS number plus a 4-character suffix that may be assigned at the discretion of the offeror to establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see Subpart 32.11) for the same parent concern.

(b) If the Offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one.

(1) An Offeror may obtain a DUNS number—

(i) If located within the United States, by calling Dun and Bradstreet at 1-866-705-5711 or via the Internet at http://www.dnb.com; or

(ii) If located outside the United States, by contacting the local Dun and Bradstreet office.

(2) The Offeror should be prepared to provide the following information:

(i) Company legal business name.

(ii) Trade style, doing business, or other name by which your entity is commonly recognized.

(iii) Company physical street address, city, state and ZIP Code.

(iv) Company mailing address, city, state and ZIP Code (if separate from physical).

(v) Company telephone number.

(vi) Date the company was started.

(vii) Number of employees at your location.

(viii) Chief executive officer/key manager.

(ix) Line of business (industry).

(x) Company Headquarters name and address (reporting relationship within your entity).

(End of provision) 2.

52.215-16 FACILITIES CAPITAL COST OF MONEY (JUN 2003)

(a) Facilities capital cost of money will be an allowable cost under the contemplated contract, if the criteria for allowability in FAR 31.205-10(b) are met. One of the allowability criteria requires the prospective Contractor to propose facilities capital cost of money in its offer.

(b) If the prospective Contractor does not propose this cost, the resulting contract will include the clause Waiver of Facilities Capital Cost of Money.

(End of provision) 3.

52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a cost reimbursable, indefinite delivery indefinite quantity (IDIQ) contract resulting from this solicitation.

(End of provision) 4.

52.233-2 SERVICE OF PROTEST (SEP 2006)

(a) Protests, as defined in section 31.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from Mr. John L. Bardwell III. [Address: U.S. DOT Building, Federal Transit Administration, 1200 New Jersey Avenue, SE., East Building, 4th Floor, Room 42-331, Washington, DC 20590 ]

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

(End of provision)

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Amendment 1