REV_PMO_2014_Admendment___002___REV_11_15.pdf

RFP DTFT60-13-R-00003

Amendment 002

I. The purpose of this amendment to Request for Proposal (RFP) No. DTFT60-13-R-00003 is to update and amend RFP Sections A, B, C, E, F, G, H, I, J, K, L and M as identified below. L& M have been revised in its entirety. The following Attachments, Section J for RFP DTFT60-13-R- 00003 have been revised, see the following Attachments J-1, Proposal Checklist, J-2, Key Personnel & Support Staff Resume Form, J-3, Past Performance Questionnaire Form and

Cover Letter, J-4, Small Business Subcontracting Plan, J-7, Contract Pricing Summary Templates, J-8, Pricing Templates (Fully Loaded Labor Rates), and J-10, Oversight Procedures.

II. This summary provides an overview of how affected sections of the RFP will be changed as a result of the subject amendment. Note that this summary may not be all inclusive. Also note that this summary may identify changes affecting multiple sections of the RFP, e.g., change to the period of performance, which may not be repeated within the summary but sets out the change within the affected RFP section itself in the body of this amendment. ALL OTHER TERMS &

CONDITIONS REMAIN UNCHANGED AND IN FULL FORCE AND EFFECT.

A. Summary of changes for Section A – Standard Form 33 block 9:

FROM: DECEMBER 2, 2013 (3:00PM LOCAL TIME)

TO: DECEMBER 11, 2013 (3:00PM EST)

B. Summary of changes for Section B - SUPPLIES OR SERVICES AND PRICE/COSTS

1. Paragraph B.4 – Minimum/Maximum IDIQ Potential Contract Value (TO Level)

Remove the world million after the dollar value

FROM: The maximum value of the contract(s) is $750,000,000 million is the collective ceiling across all contracts awarded. The cumulative amount of all task orders shall not exceed $750,000,000 million for the entire lifecycle of these contracts (for all awardees combined). The authority and ordering procedures to issue task orders are addressed under Section G. and Section H. of the contract. Pursuant to FAR 16.504(a), the total maximum quantity of all supplies and services under the Basic Contract (for all awardees combined) shall not exceed $750,000,000 million.

MAXIMUM: The total scope for which task orders may be issued is set forth in the attached Statement of Work, Section C. The maximum dollar amount the Government may order under this program shall not exceed $750,000,000 million for the entire lifecycle of these contracts.

To allow the maximum flexibility in awarding orders, the ceiling of each contract awarded under this program will be set at the total value of the program. The total value of the program is anticipated to be $750,000,000 million. Therefore, regardless of the number of contracts awarded, the sum of all task orders awarded will not exceed $750,000,000 million. The sum of all task orders awarded will be tracked by the Government to ensure that they do not exceed the total program value.

TO:

The maximum value of the contract(s) is $750,000,000 is the collective ceiling across all contracts awarded. The cumulative amount of all task orders shall not exceed $750,000,000 for the entire lifecycle of these contracts (for all awardees combined). The authority and ordering procedures to issue task orders are addressed under Section G. and Section H. of the contract. Pursuant to FAR 16.504(a), the total maximum quantity of all supplies and services under the Basic Contract (for all awardees combined) shall not exceed $750,000,000.

MAXIMUM: The total scope for which task orders may be issued is set forth in the attached Statement of Work, Section C. The maximum dollar amount the Government may order under this program shall not exceed $750,000,000 for the entire lifecycle of these contracts.

To allow the maximum flexibility in awarding orders, the ceiling of each contract awarded under this program will be set at the total value of the program. The total value of the program is anticipated to be $750,000,000. Therefore, regardless of the number of contracts awarded, the sum of all task orders awarded will not exceed $750,000,000. The sum of all task orders awarded will be tracked by the Government to ensure that they do not exceed the total program value.

2. B.8 PAYMENT

FROM: The proposed fixed fee shall be considered a ceiling fixed fee which may be negotiated down to more accurately reflect the level of effort at the task order level. The Government reserves the right to negotiate the proposed fixed fee percentage at its discretion.

TO: The proposed fixed fee shall be considered a ceiling fixed fee which may be negotiated down to more accurately reflect the level of effort at the task order level. The Government reserves the right to negotiate the proposed fixed fee percentage at its discretion. DOT Utilizes the weighted guidelines method to establish a profit rate margin.

3. B.16 LABOR RATE REFRESHER

FROM: B.16 LABOR RATE REFRESHER

(a) The labor rates are fixed for the total contract period of performance for each skill set as listed in Section B.8, however, the contractor may submit a proposal reducing the fixed labor rate at any time during the life of the contract. The Government will review these proposals and determine if the revised rates are realistic and in the best interest of the Government.

If the rates are accepted, the Government will modify the contract by incorporating the new rates into the Section B, CLIN Rate Table.

TO: B.16 LABOR RATE REFRESHER

(a) The labor rates are fixed for the total contract period of performance for each skill set as listed in Section B.18 and Section B.19, however, the contractor may submit a proposal reducing the fixed labor rate at any time during the life of the contract. The Government will review these proposals and determine if the revised rates are realistic and in the best interest of the Government. If the rates are accepted, the Government will modify the contract by incorporating the new rates into the Section B, CLIN Rate Table.

4. B.19 LABOR RATE TABLE FOR PRICING FFP

FROM: * NOTE: Labor Rates for all task orders shall be in accordance with the negotiated rates in Sections B.18.1 *Rate Table for Pricing Task Orders

(Fixed- Price/or LH/T&M).

TO: * NOTE: Labor Rates for all task orders shall be in accordance with the negotiated rates in Sections B.19 *Rate Table for Pricing Task Orders (Fixed-

Price/or LH/T&M).

C. Summary of changes for Section C – STATEMENT OF WORK

FROM: C.3 Contract Management and Administration

(a) The Contractor shall provide all management, administration, staffing, planning, scheduling, procuring, etc., for all items of service required by the contract and/or task order. These activities include, but are not limited to:

(1) All activities associated with preparing proposals in response to the

Department’s Work Plan Requests submitting the proposals to the Department, and negotiating task order requirements.

TO: C.3 Contract Management and Administration

(a) The Contractor shall provide all management, administration, staffing, planning, scheduling, procuring, etc., for all items of service required by the contract and/or task order. These activities include, but are not limited to:

(1) All activities associated with preparing proposals in response to the Work Order Requests submitting the proposals to the Agency in concert with the negotiated Task Order requirements.

FROM: C.6 LABOR CATEGORIES AND MINIMUM PERSONNEL

REQUIREMENTS

b. MINIMUM PERSONNEL REQUIREMENTS:

*Program Manager (P.E.)

• Minimum 15 years of management experience in Project Planning, Engineering and Construction of a major capital project including at least 5 years of project management oversight in passenger rail or related modes

• Must have a Bachelor of Science (B.S.) Degree in Engineering or related field

• Licensure as a Professional Engineer (P.E.) is required

• Project Management Professional (PMP) certification is desirable but not required

• Required to be an employee of the prime contractor(s) (no subcontractors)

• The resume should highlight experience in passenger rail or related transportation modes for the eight management elements shown below:

1. Engineering design

2. Project planning

3. Construction

4. Public outreach

5. Federal grant process

6. Regulatory and compliance experience

7. Project oversight services

8. FTA’s New Starts program

*Task Order Manager (P.E.)

Engineering and Construction of a major capital project including at least 5 years of project management oversight in passenger rail or related modes

• Must have a Bachelor of Science (B.S.) Degree in Engineering or related field

• Licensure as a Professional Engineer (P.E.) is required

• Project Management Professional (PMP) certification is desirable but not required

• Required to be an employee of the prime contractor(s) (no subcontractors)

• The resume should highlight experience in passenger rail or related transportation modes for the eight elements shown below:

1. Engineering design management

2. Project planning management

3. Construction management

4. Public outreach management

5. Federal grant management process

6. Regulatory and compliance experience

Project Scheduling Manager

• Minimum 10 years of scheduling experience in the development and maintenance of Critical Path Method (CPM) schedules on large capital projects, including at least 3 years as a Scheduling Manager in passenger rail or related transportation modes

• Must have a Bachelor of Science (B.S.) Degree in Engineering, Construction

Management, Business, or related field.

• Must have experience in planning, scheduling, project monitoring and project management.

• Proficiency in Microsoft Project and/or Primavera is desirable but not required.

Geotechnical Engineer (PE)

• Minimum 10 years of geotechnical engineering industry experience (e.g.

subsurface soil investigation, foundation and earthworks design and construction)

• Must have Bachelor of Science (B.S.) Degree in Civil

• Engineering/Geotechnical, Engineering Geology or related field

• Experience with geotechnical analysis including planning, design and construction of tunnels, shallow foundations and other underground works

• Licensure as a Professional Geotechnical Engineer (P.E.) is required

• Experience with seismology is preferred

TO: C.6 LABOR CATEGORIES AND MINIMUM PERSONNEL REQUIREMENTS

b. MINIMUM PERSONNEL REQUIREMENTS:

*Program Manager (P.E.)

Engineering and Construction of a major capital project including at least 5 years of project management oversight in passenger rail or related modes

• Must have a Bachelor of Science (B.S.) Degree in Engineering or related field

• Licensure as a Professional Engineer (P.E.) is desirable, but not required

• Project Management Professional (PMP) certification is desirable but not required

• Required to be an employee of the prime contractor(s) (no subcontractors)

• The resume should highlight experience in passenger rail or related transportation modes for the eight management elements shown below:

1. Engineering design

2. Project planning

3. Construction

4. Public outreach

5. Federal grant process

6. Regulatory and compliance experience

*Task Order Manager (P.E.)

Engineering and Construction of a major capital project including at least 5 years of project management oversight in passenger rail or related modes

• Must have a Bachelor of Science (B.S.) Degree in Engineering or related field

• Licensure as a Professional Engineer (P.E.) is desirable, but not required

• Project Management Professional (PMP) certification is desirable but not required

• Required to be an employee of the prime contractor(s) (no subcontractors)

• The resume should highlight experience in passenger rail or related transportation modes for the eight elements shown below:

1. Engineering design management

2. Project planning management

3. Construction management

4. Public outreach management

5. Federal grant management process

6. Regulatory and compliance experience

Project Scheduling Manager

• Minimum 10 years of scheduling experience in the development and maintenance of Critical Path Method (CPM) schedules on large capital projects, including at least 3 years as a Scheduling Manager in passenger rail or related transportation modes

• Must have a Bachelor of Science (B.S.) Degree in Engineering, Construction

Management, Business, or related field.

• Must have experience in planning, scheduling, project monitoring and project management.

• Licensure as a Certified Scheduling Technical (CST), Earned Value

Professional (EVP) or Planning & Scheduling Professional (PSP) is desirable but not required.

• Proficiency in Microsoft Project and/or Primavera is desirable but not required.

Geotechnical Engineer (PE)

• Minimum 10 years of geotechnical engineering industry experience (e.g.

subsurface soil investigation, foundation and earthworks design and construction)

• Must have Bachelor of Science (B.S.) Degree in Civil

• Engineering/Geotechnical, Engineering Geology or related field

• Experience with geotechnical analysis including planning, design and construction of tunnels, shallow foundations and other underground works

• Licensure as a Professional Engineer (P.E.) is required

• Experience with seismology is preferred

D. Summary of changes for Section E – INSPECTION AND ACCEPTANCE

FROM: E.2 INSPECTION AND ACCEPTANCE

(a) Inspection and acceptance of all work and services performed under each TO will be in accordance with the FAR clauses incorporated at Section E, Clauses Incorporated by Reference as applicable.

(b) Final acceptance of all deliverables and or services performed as specified under each Task Order will be made in writing, at destination by the COR or ACOR or as detailed in individual TOs.

TO: E.2 INSPECTION AND ACCEPTANCE

The Contracting Officer or the Contracting Officer's Representative

(COR), at the Federal Transit Administration (FTA), shall perform final inspection and acceptance of all items and services called for by this contract. The Contracting

Officer reserves the right to designate other Government agents as authorized representatives upon unilateral written notice to the Contractor, which may be accomplished in the form of a transmittal of a copy of the authorization.

The Government shall perform quality assurance in accordance with FAR Subpart

46.4 Government Contract Quality Assurance and the contract documents.

FTA will conduct periodic inspections to verify deliverables conform to

Oversight Procedure (OP)s and contract requirements. Acceptance of nonconforming services shall be in accordance with FAR Subpart 46.407.

(a) Inspection and acceptance of all work and services performed under each

TO will be in accordance with the FAR clauses incorporated at Section E, Clauses Incorporated by Reference as applicable.

(b) Final acceptance of all deliverables and or services performed as specified under each Task Order will be made in writing, at destination by the COR or ACOR or as detailed in individual TOs.

E. Summary of changes for Section F – DELIVERIES OR PERFORMANCE

FROM: F.8 CONTRACT STATUS REPORT

The Prime Contractor shall provide a monthly task order activity report to the

Contracting Officer, COR and ACOR. The sample format is provided in OP 1 – Appendix E, Sample Monthly Contract Status Report. The report is due by the 15th calendar day of each month with a copy to the Contracting Officer, COR and

ACOR.

TO: F.8 CONTRACT STATUS REPORT

The Prime Contractor shall provide a monthly PMOC status report for the Task Order, to the Contracting Officer, COR and ACOR, and Project Engineer. The sample format is provided in Appendix of OP2. The report is due by the 15th calendar day of each month.

FROM: F.10 MONTHLY TASK ORDER COST REPORTS

(This clause applies only as specified in task orders)

Monthly Task Order Cost Reports, shall be submitted by the Contractor to the CO, COR, and ACOR setting forth monthly and cumulative (1) direct labor hours by categories as set forth in the task, including subcontract hours; and (2) elements of cost by direct loaded dollars, subcontracts, and other direct costs, etc. that have been incurred and/or committed. The Monthly Task Order Cost Reports shall be provided not later than the 15th of each month. Proprietary rate information should not be discussed in the cost reports. The costs that have been committed but are unpaid to date will be noted in the cost reports. Where cumulative amounts on the monthly reports differ from the aggregate amounts contained in the request(s) for contract financing payments covering the same period, the

Contractor must provide a reconciliation of the difference as part of the monthly report.

TO: F.10 MONTHLY TASK ORDER COST REPORTS

(This clause applies only as specified in task orders)

Monthly Task Order Cost Reports, shall be submitted by the Contractor to the CO, COR, and ACOR setting forth monthly and cumulative (1) direct labor hours by categories as set forth in the task, including subcontract hours; and (2) elements of cost by direct loaded dollars, subcontracts, and other direct costs, etc. that have been incurred and/or committed. The Monthly Task Order Cost Reports shall be provided not later than the 15th of each month. T he costs that have been committed but are unpaid to date will be noted in the cost reports. Where cumulative amounts on the monthly reports differ from the aggregate amounts contained in the request(s) for contract financing payments covering the same period, the Contractor must provide a reconciliation of the difference as part of the monthly report.

F. Summary of changes for Section G – CONTRACT ADMINISTRATION DATA

FROM: G.4 GOVERNMENT PERSONNEL

Contracting Officer: TBD Contract Specialist: TBD U.S. Department of Transportation U.S. Department of Transportation Federal Transit Administration, FTA-TAD-40 Federal Transit Administration, FTA-

TAD-40

Washington, DC 20509 Washington, DC 20509 Office (202) 366-XXXX Office (202) 366-XXXX Email:@dot.gov Email:@dot.gov

Contracting Officer Representative: TBD Alternate COR: TBD U.S. Department of Transportation U.S. Department of Transportation Federal Transit Administration, FTA/TAD-40 Federal Transit Administration, FTA/TAD-40

Washington, DC 20509 Washington, DC 20509

TO: G.4 GOVERNMENT PERSONNEL

Contracting Officer: TBD Contract Specialist: TBD U.S. Department of Transportation U.S. Department of Transportation Federal Transit Administration, FTA-TAD-40 Federal Transit Administration, FTA- TAD-40 Washington, DC 20509 Washington, DC 20509

Contracting Officer Representative: TBD Alternate COR: TBD U.S. Department of Transportation U.S. Department of Transportation Federal Transit Administration, FTA/TAD-40 Federal Transit Administration, FTA/TAD-40 Washington, DC 20509 Washington, DC 20509

FROM: G.8 TASK ORDER (TO) PROCESS MULTIPLE AWARDEES/FAIR OPPORTUNITY

(RESERVED)

TO: G.8 TASK ORDER (TO) PROCESS MULTIPLE AWARDEES/FAIR OPPORTUNITY

FROM: G.8.2 PROCEDURES FOR PROVIDING A FAIR OPPORTUNITY FOR

CONSIDERATION ON EACH REQUIREMENT

TO: G.8.1 PROCEDURES FOR PROVIDING A FAIR OPPORTUNITY FOR CONSIDERATION

ON EACH REQUIREMENT

FROM: G.25 S U B C O N T R A C T O R S /CONSULTANTS

Pursuant to FAR Clause 52.244-2, Subcontracts (OCT 2010), the following subcontractors were identified and agreed to during negotiations to provide the services covered by this contract: Fill –in, [TBD – to be proposed by offeror to allow completion at time of contract award] See Section B. Advance notification or requests for consent pursuant to the contract clause entitled "Subcontracts" (FAR 52.244-2) shall be directed to the Contracting Officer (CO). Requirements, subsequent or additional subcontractors and the content of their subcontracts shall be required and a written approval from the Contracting Officer. The following subcontractor/consultants have been identified in the Contractor’s proposal as necessary for performance of this contract and were evaluated during negotiations: Subcontractor/Consultant Name, See Section B.

TO: Removed from the RFP (See Section H29)

G. Summary of changes for Section H – SPECIAL CONTRACTING REQUIREMENT

FROM: H.5 ORGANIZTIONAL CONFLICT OF INTEREST

TO: H.6 ORGANIZTIONAL CONFLICT OF INTEREST

FROM: H.8 COMPLETION OF CONFLICT OF INTEREST MATRIX IN SECTION J,

CONFLICT OF INTEREST MATRIX

The contractor is required to complete and submit Attachment J-13, Organizational Conflict of Interest (OCI) Matrix in Section J.

TO: H.8 COMPLETION OF CONFLICT OF INTEREST MATRIX IN SECTION J,

CONFLICT OF INTEREST MATRIX

The contractor is required to complete and submit Attachment J-11, Organizational Conflict of Interest (OCI) Matrix in Section J.

FROM: H.20 SALARY RATE LIMITATION

H.20 SALARY RATE LIMITATION, FAR 52.231 (January 2010)

a. Pursuant to the current and applicable prior DOT appropriations acts, the

Contractor shall not use contract funds to pay the direct salary of an individual at a rate in excess of the Federal Executive Schedule Level I in effect on the date an expense is incurred.

b. For purposes of the salary rate limitation, the terms "direct salary," "salary," and

"institutional base salary" have the same meaning and are collectively referred to as "direct salary" in this clause. An individual's direct salary is the annual compensation that the Contractor pays for an individual's direct effort (costs) under the contract. Direct salary excludes any income that an individual may be permitted to earn outside of duties to the Contractor. Direct salary also excludes fringe benefits, overhead, and general and administrative expenses (also referred to as indirect costs or facilities and administrative [F&A] costs).

Note: The salary rate limitation does not restrict the salary that an organization may pay an individual working under a DOT contract or order; it merely limits the portion of that salary that may be paid with Federal funds. The salary rate limitation also applies to individuals under subcontracts. If this is a multiple-year contract or order, it may be subject to unilateral modification by the Contracting

Officer to ensure that an individual is not paid at a rate that exceeds the salary rate limitation provision established in the DOT appropriations act in effect when the expense is incurred regardless of the rate initially used to establish contract or order funding. See the salaries and wages pay tables on the U.S. Office of

Personnel Management Web site for Federal Executive Schedule salary levels that apply to the current and prior periods. (End of clause) See the following Web site for Executive Schedule rates of pay:

http://www.opm.gov/oca/.

(For current year rates, click on Salaries and Wages / Executive Schedule / Rates of

Pay for the Executive Schedule. For prior year rates, click on Salaries and Wages / select Another Year at the top of the page / Executive Schedule / Rates of Pay for the Executive Schedule. Rates are effective January 1 of each calendar year unless otherwise noted.)

TO: REMOVED FROM THE RFP

Reconstruct the Numbering starting from (see below)

FROM: H.21 to H.45 TO: H.20 to H.44

FROM: H.24 LIMITATION ON SUBCONTRACTING - APPLIES TO SMALL

BUSINESSES

FAR Clause No. 52.219-14 is applicable to this contract and stated below in full text:

LIMITATION ON SUBCONTRACTING (DEC 1996)

(a) This clause does not apply to the unrestricted portion of a partial set-aside.

(b) By submission of an offer and execution of a contract, the

Offeror/Contractor agrees that in performance of the contract in the case of a contract for -

(1) Services (except construction) At least 50 percent of the cost of contract performance incurred for personnel shall be expended for employees of the concern.

(2) Supplies (other than procurement from regular dealer in such supplies) The concern shall perform work for at least 50 percent of the cost of manufacturing the supplies, not including the cost of materials.

(3) General construction The concern will perform at least 15 percent of the cost of the contract, not including the cost of materials, with its own employees.

http://www.opm.gov/oca/

(4) Construction by special trade contractors The concern will perform at least 25 percent of the cost of the contract, not including the cost of materials, with its own employees.

TO H.24 LIMITATION ON SUBCONTRACTING - APPLIES TO SMALL BUSINESSES

FAR Clause No. 52.219-14 is applicable to this contract and stated below in full text:

LIMITATION ON SUBCONTRACTING

(a) This clause does not apply to the unrestricted portion of a partial set-aside.

(b) By submission of an offer and execution of a contract, the

Offeror/Contractor agrees that in performance of the contract in the case of a contract for -

(1) Services (except construction) At least 50 percent of the cost of contract performance incurred for personnel shall be expended for employees of the concern.

(2) Supplies (other than procurement from regular dealer in such supplies) The concern shall perform work for at least 50 percent of the cost of manufacturing the supplies, not including the cost of materials.

(3) General construction The concern will perform at least 15 percent of the cost of the contract, not including the cost of materials, with its own employees.

(4) Construction by special trade contractors The concern will perform at least 25 percent of the cost of the contract, not including the cost of materials, with its own employees.

FROM: H.30 SUBCONTRACTS CONSENT CONTRACTS

Since this is an ID/IQ contract, most subcontracts for professional labor shall be placed on an IDIQ basis. The Contractor shall follow the procedures specified in

Part 44 of the FAR and FAR clauses 52-244-2, and 52.244-5 when providing advance notification or requesting the CO’s consent for new subcontracts. New subcontracts may be necessary for professional labor in cases where it is clearly evident to the CO that the proposed new subcontract will provide a capability that is both required to perform work described in the task order and is not available from within the prime Contractor's staff or its existing team of subcontractors. In addition to the information required by FAR 52.244-2, the Contractor must submit written technical rationale describing the need for a new subcontractor.

If a subcontractor’s accounting system has been reviewed by a Government audit agency (such as the Defense Contract Audit Agency (DCAA) or the Defense Contract Management Agency (DCMA) and determined by the CO to be adequate for determining costs under a cost reimbursement contract, the subcontractor’s proposal must be submitted as a CPFF type subcontract.

TO: H.29 SUBCONTRACTS CONSENT CONTRACTS

Advance notification or requests for consent pursuant to the contract clause entitled "Subcontracts" (FAR 52.244-2) shall be directed to the Contracting Officer (CO) or designee. Requirements, subsequent or additional subcontractors and the content of their subcontracts shall be required and a written approval from the Contracting Officer. The Contractor shall follow the procedures specified in Part 44 of the FAR and FAR clauses 52-244-2, and 52.244-5 when providing advance notification or requesting the CO’s consent for new subcontracts.

New subcontracts may be necessary for professional labor in cases where it is clearly evident to the CO that the proposed new subcontract will provide a capability that is both required to perform work described in the contract and resulting task order and is not available from within the prime Contractor's staff or its existing team of subcontractors. During task order solicitations, Contractors shall obtain approval of all new subcontractors prior to submission of its task order proposal.

In addition to the information required by FAR 52.244-2, the Contractor must submit written technical rationale describing the need for a new subcontractor. If a subcontractor’s accounting system has been reviewed by a Government audit agency (such as the Defense Contract Audit Agency (DCAA) or the Defense Contract Management Agency (DCMA) and determined by the CO to be adequate for determining costs under a cost reimbursement contract, the subcontractor’s proposal must be submitted as a CPFF type subcontract.

**ADD TO THE RFP

H.29.1 CONSULTANTS

Advance notification or requests for consent pursuant for Consultants is required and shall be directed to the Contracting Officer (CO) or designee. FAR 31.205-33 provides for services rendered by persons who are members of a particular profession or possess a special skill and who are not officers or employees of the contractor. For example, costs of consultants should be broken down by person years, months, days or hours.

FROM: H.31 ADVERTISEMENTS, PUBLICING AWARDS AND NEWS RELEASES

Under no circumstances shall the Contractor, or anyone acting on behalf of the

Contractor, refer to the supplies, services, or equipment furnished pursuant to the provisions of this contract in any publicity/ news release or commercial advertising without first obtaining explicit written consent to do so from the COR and Contracting Officer. This restriction does not apply to marketing materials developed for presentation to potential government customers of this contract vehicle.

The Contractor agrees not to refer to awards in commercial advertising in such a manner as to state or imply that the product or service provided is endorsed or preferred by the Federal Government or is considered by the Government to be superior to other products or services. intuitive for novice computer users, and Section 508 compliant (See Section H.27). This webpage at minimum must include the following items:

TO: H.31 ADVERTISEMENTS, PUBLICING AWARDS AND NEWS RELEASES

Under no circumstances shall the Contractor, or anyone acting on behalf of the Contractor, refer to the supplies, services, or equipment furnished pursuant to the provisions of this contract in any publicity/ news release or commercial advertising without first obtaining explicit written consent to do so from the COR and Contracting Officer. This restriction does not apply to marketing materials developed for presentation to potential government customers of this contract vehicle.

The Contractor agrees not to refer to awards in commercial advertising in such a manner as to state or imply that the product or service provided is endorsed or preferred by the Federal Government or is considered by the Government to be superior to other products or services.

FROM: H.29 SUBSTITUTION OF KEY PERSONNEL AND NON-KEY PERSONNEL

The contractor shall be responsible for the furnishing of personnel fully qualified to perform the services as provided for in this contract. The Contractor shall notify the CO and the COR prior to making any changes in Key Personnel and Personnel working under the contract. No changes in Key Personnel and Personnel will be made unless the Contractor can demonstrate that the qualifications of prospective replacement personnel are equal to or better than the qualifications of the personnel being replaced. All proposed substitutes shall have qualifications equal to or higher than the qualifications of the person to be replaced. The CO and COR and other personnel as designated by the CO shall be notified in writing of any proposed substitution in Key Personnel and Personnel at least fifteen (15) days, or thirty (30) days if a security clearance is to be obtained, in advance of the proposed substitution. Such notification shall include:

(a) an explanation of the circumstances necessitating the substitution;

(b) a complete resume in accordance to J-2 format of the proposed substitute; and (c) any other information requested by the CO/COR to enable him/her to judge whether or not the Contractor is maintaining the same high quality of personnel that provided the partial basis for award.

TO: H.28 SUBSTITUTION OF KEY PERSONNEL AND NON-KEY PERSONNEL

The contractor shall be responsible for the furnishing of personnel fully qualified to perform the services as provided for in this contract. The Contractor shall notify the CO and the COR prior to making any changes in Key Personnel and Personnel working under the contract. No changes in Key Personnel and Personnel will be made unless the Contractor can demonstrate that the qualifications of prospective replacement personnel are equal to or better than the qualifications of the personnel being replaced. All proposed substitutes shall have qualifications equal to or higher than the qualifications of the person to be replaced. The CO and COR and other personnel as designated by the CO shall be notified in writing of any proposed substitution in Key Personnel and Personnel at least fifteen (15) days, or thirty (30) days if a security clearance is to be obtained, in advance of the proposed substitution. Such notification shall include:

(a) an explanation of the circumstances necessitating the substitution;

(b) a complete resume in accordance to J-2 format of the proposed substitute; and (c) any other information requested by the CO/COR to enable him/her to judge whether or not the Contractor is maintaining the same high quality of personnel that provided the partial basis for award.

H. Summary of changes for Section K – REPRESENTATIONS AND CERTIFICATIONS

FROM: 2. Complete, and INCLUDE as part of your BUSINESS PROPOSAL:

REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF OFFERORS.

TO: 2. Complete, and INCLUDE as part of your proposal, see Section L, Section 22:

REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF OFFERORS.

I. Summary of changes to Section I – Contract Clauses

I.1 Clauses Incorporated by Reference (FAR 52.252-2) ( FEB 1998)

Add: FAR 52.249-1 Termination for Convenience of the Government (Fixed-Price) (Short Form).

I.3 Transportation Acquisition Regulation (48 CFR Chapter) Clauses

Add: TAR 1252.217-74 Subcontracts. (Oct 1994)

I.3.1 Transportation Acqusition Regulation (48 CFR Chapter 12) – Full Text

Add: TAR 1252.237-71 Certification of data (APR 2005)

NOTICE: The Secretary of Transportation has determined that this certification shall be retained in accordance with Section 4301(b)(1)(B)(i)(II) of the Federal Acquisition Reform Act (Public Law 104-106, 41 U.S.C. 425, note) and DOT Memorandum dated July 17, 1996.

(a) The offeror represents and certifies that to the best of its knowledge and belief, the information and/or data (e.g., company profile; qualifications; background statements; brochures) submitted with its offer is current, accurate, and complete as of the date of its offer.

(b) The offeror understands that any inaccurate data provided to the Department of Transportation may subject the offeror, its subcontractors, its employees, or its representatives to: (1) prosecution for false statements pursuant to 18 U.S.C. 1001 and/or; (2) enforcement action for false claims or statements pursuant to the Program Fraud Civil Remedies Act of 1986, 31 U.S.C. 3801-3812 and 49 CFR Part 31 and/or;

(3) termination for default under any contract resulting from its offer and/or; (4) debarment or suspension.

(c) The offeror agrees to obtain a similar certification from its subcontractors.

Signature: ____________________________________________

Date: ____________________________________________

Typed Name and Title: ___________________________________

Company Name: ______________________________________

This certification concerns a matter within the jurisdiction of an agency of the United States and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under 18 U.S.C.

1001.

(End of provision)

J. Summary of changes for Section L – INSTRUCTIONS, CONDITIONS, AND NOTICES TO

OFFERORS

Sections L have been changed in its entirety:

FROM: SECTION L – INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

L.1 Solicitation Provisions Incorporated by Reference, (FAR 52.252-1)

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 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. Also, the full text of a solicitation provision may be accessed electronically at this address: http://www.acquisition.gov/far/index.html

L.1.1 FAR Provisions and Clauses Incorporated by Reference

FAR

Clause No.

Title and Date

52.204-6

DATA UNIVERSAL NUMBERING SYSTEM (DUNS) NUMBER (JUL

2013)

52.215-1

INSTRUCTIONS TO OFFERORS –COMPETITIVE ACQUISITION (JAN

2004) (REF. 15.209)

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

52.222-24

PRE-AWARD ON-SITE EQUAL OPPORTUNITY COMPLIANCE

EVALUATION (FEB 1999)

52-222-46

EVALUATION OF COMPENSATION FOR PROFESSIONAL

EMPLOYEES (FEB 1993)

52.237-10 IDENTIFICATION OF UNCOMPENSATED OVERTIME (OCT 1997)

52.215.22

LIMITATIONS ON PASS-THROUGH CHARGES– IDENTIFICATION OF

SUBCONTRACT EFFORT (OCT 2009)

52.222-46

EVALUATION OF COMPENSATION FOR PROFESSIONAL

EMPLOYEES (FEB 1993)

52.232-38

SUBMISSION OF ELECTRONIC FUNDS TRANSFER INFORMATION

WITH OFFER (JUL 2013)

52.237-10 IDENTIFICATION OF UNCOMPENSATED OVERTIME (OCT 1997)

L.1.2 NORTH AMERICAN INDUSTRY CLASSIFICATION SYSTEM (NAICS) CODE AND

SMALL BUSINESS STANDARD

a. The NAICS code for this acquisition is 541611.

b. The small business size standard is $14 million.

http://www.acquisition.gov/far/index.html

L.2 TYPE OF CONTRACT, (FAR 52.216-1) (APR 1984)

The Government contemplates award of multiple IDIQ contracts resulting from this solicitation.

L.3 SERVICE OF PROTEST. (FAR 52.233-2) (SEPT 2006)

(a) Protests, as defined in section 33.101 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:

Dorian Ridley-Curtis, Contracting Officer

DOT/FTA - Office of Procurement

1200 New Jersey Ave, SE 4th Floor, East Building, E42-331

Washington, DC 20526

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

L.4 TREATMENT OF DATA IN PROPOSAL (FOIA)

The proposal(s) submitted in response to this request may contain data (trade secrets, business data, e.g., commercial information, financial information, and cost and pricing data; and technical data) which the offeror, including the prospective subcontractor(s), does not want used or disclosed for any purpose other than for evaluation of the proposal. The use and disclosure of any data may be so restricted, provided, that the Government determines that the data is not required to be disclosed under the Freedom of Information Act (FOIA). In U.S.C. 552, as amended, and the offeror marks the cover sheet of the proposal with the following legend, specifying the particular portions of the proposal which are to be restricted in accordance with the conditions of the legend.

"Unless disclosure is required by the Freedom of Information Act, 5 U.S.C. 552, as amended, (the Act) as determined by Freedom of Information (FOI) Officials of the Department of Transportation/Federal Transit Administration, data contained in the portions of this proposal which have been specifically identified by page number, paragraph, etc. by the offeror as containing restricted information shall not be used or disclosed except for evaluation purposes.”

The Government’s determination to withhold or disclose a record will be based upon the particular circumstances involving the record in question and whether the record may be exempted from disclosure under the FOIA.

The offeror acknowledges that the Agency may not be able to withhold a record (data, document, etc.) nor deny access to a record requested pursuant to the Act and that the

Agency’s FOI Officials must make that determination. The offeror hereby agrees that the Government is not liable for disclosure if the Agency has determined that disclosure is required by the Act.

If a contract is awarded to the offeror as a result of, or in connection with, the submission of this request for proposal, the Government shall have the right to use or disclose the data to the extent provided in the proposal. Proposals not resulting in a contract award remain subject to the Act.

The offeror also agrees that the Government is not liable for disclosure or use of unmarked data and may use or disclose the data for any purpose, including the release of the information pursuant to requests under the Act.

Offerors are cautioned that proposals submitted with restrictive legends or statements differing in substance from the above legend may not be considered for award. The Government reserves the right to reject any proposal submitted with a nonconforming legend.

L.5 PROPOSAL SUBMISSION INSTRUCTIONS

The following instructions are for the preparation and submission of proposals. The purpose of this section is to establish requirements for the format and content of proposals so that proposals contain all essential information and can be evaluated equitably.

Offerors are instructed to read the entire solicitation document, including all attachments in Section J, prior to submitting questions and/or preparing your offer.

Omission of any information from the proposal submission requirements shall result in rejection of the offer.

When an Offeror is sharing resources from other entities by way of a Meaningful Relationship within a Corporate Structure, only one Offer (e.g., proposal) from that Corporate Structure shall be submitted. (See Section L.21)

All information within the page limitations of the proposal is subject to evaluation. The Government will evaluate proposals in accordance with the evaluation criteria set forth in Section M of this solicitation.

Offerors are prohibited from modifying, in any way, shape, or form, any documents, printed or electronic, associated with this solicitation and any amendment(s) thereto unless specifically authorized to do so. The electronic solicitation documents, as posted on http://www.fbo.gov, shall be the "official" documents for this solicitation.

http://www.fbo.gov/

L.6 PROPOSAL SCHEDULE

All proposals are due NO LATER THAN Monday, December 2, 2013, 3:00 P.M., Eastern Standard Time. (CAUTION: See the proposal submission instructions, including the provision describing treatment of late submissions, notifications and withdrawals of proposals at FAR Clause 52.215-1 Instructions to Offerors—Competitive Acquisition).

L.6.1 COMMUNICATION AND QUESTIONS

Offerors may submit questions, concerns, or request clarification of any aspect of this solicitation via email and in writing to the following Government representative.

Name: Sonja Rousey, Contract Specialist Email: 2014_PMO_Recompete@ dot.gov

Questions submitted to other email addresses will not be considered.

The Offeror must include the company name in the subject line of the email. The question(s) shall include the page number and paragraph number or identifier, which pertains to the Offeror’s question. Questions received without this information shall not be answered.

Questions should be received at the Contracting Office no later than Wednesday, October 30, 2013 by 4:00PM EST, to allow for analysis and dissemination of responses so that Offerors can use the information to prepare their proposals and in advance of the proposal due date. If a request for clarification is received after the due date as stated above, the Government reserves the right not to provide an answer. If, however, in the Government’s opinion, the request for clarification cites an issue of significant importance, the Government may provide written responses to all offerors.

Acknowledgment of receipt of questions will not be made. All questions will be answered via amendment and provided to all Offerors at www.fbo.gov and will not attribute the questions to the submitting Offerors.

Questions or comments shall not be directed to the technical activity personnel.

No oral inquires shall be answered due to the possibility of misunderstanding or misinterpretation.

When submitting questions and comments, please refer to the specific text of the RFP in the following format:

Subject Line: Company name_ Proposal Question(s) _ RFP No. DTFT60-13-R-00003 Reference: RFP Section , Paragraph(s)/ or identifier _, Page(s) .

mailto:2014_PMO_Recompete@dot.gov

L.7 DELIVERY OF PROPOSAL

The Offeror assumes the full responsibility of insuring that the proposal/offer is received at the place and by the date and time specified in this solicitation. Potential Offerors should also be aware that the DOT headquarters building is a secure federal building. All visitors must enter through either the West or East Lobby and are required to pass through a metal detector, have their belongings screened by a security system, show valid picture identification and sign the DOT visitor’s log, containers (i.e.

envelopes, packages, and boxes) will be screened for security purposes. Guards will then telephone the visitor’s contact office for an official escort, which will require additional time. Therefore, Offerors must ensure that any commercial delivery service or company employee carry appropriate identification, and they should allow extra time for hand-carried deliveries. Delays experienced at the security/guard desk or refusal of admission DO NOT constitute excusable delays. Proposals must be in the designated place Acquisition Section as listed below no later than the deadline specified in the solicitation in order to be considered for award.

External Proposal Marking

(1) All proposal packages must be closed, sealed, and reflect in large letters the following:

“PROPOSAL – DELIVERED UNOPENED”

(2) The proposal package must include: The proposal package must include the Offeror’s name and return mailing address. Solicitation Number:

DTFT60-13-R-0003, and Box #of # (e.g., 1 of 9)

(3) Proposals shall be delivered to the following address:

U.S. Department of Transportation Federal Transit Administration – Office of Procurement Attn: FTA/DOT, TAD-40 Procurement Team, Dorian Ridley-Curtis, Contracting Officer and S on j a R ou s e y , Contracting Specialist Office of Procurement, East Building (4th Floor, Room E42-320) Washington, DC 20590 Solicitation Number: DTFT60-13-R-00003, and Box # of # (1 of 9 )

Offers may be hand delivered to the above address, but the Offeror must phone the Contract Specialist one business day in advance to arrange delivery: Hand carried package(s) may only be delivered during the hours- 8:30 a.m. to 3:30 p.m. local time on Federal workdays. Delivery to any other location specified herein is unacceptable.

***Note: Offerors delivering proposals shall call the designated point of contact, Sonja Rousey at least 24 hours prior to and upon their arrival at (202) 366-2508.

Offerors are cautioned that receipt of a proposal by the Agency's mail room or other central receiving facility does not constitute receipt by the office designated in the solicitation. Proposals sent by U.S. Mail, therefore, will not be considered "received" until such time as they are physically delivered via DOT's mail distribution system to the Acquisition Section. Offerors electing to utilize the U.S. Mail for proposal delivery should therefore allow sufficient time prior to the designated time and date for bids/proposal receipt.

(4) Proposals delivered via overnight delivery services:

Proposal deliveries via overnight delivery services (e.g., Federal Express, Airborne Express) must utilize the address listed a b o ve . It is important to recognize that regardless of whether the Acquisition Section is noted on the address label, overnight delivery service package are NOT regularly delivered directly to the Acquisition Section. Because proposals must be physically received at the Acquisition Section to be considered officially received, offerors should not rely upon guaranteed delivery times from overnight delivery services as guarantees that their proposals will be officially received on time. Offerors remain responsible for the timely delivery of their proposals to the Acquisition Section at the address as listed above.

Notwithstanding which method of delivery the Offeror chooses to use, the Offeror assumes full responsibility for ensuring that the proposal is received at the place and by the date and time specified in the RFP. All proposals shall be closed and sealed. Any proposals received at the Government office designated in this provision after the exact time specified for receipt of offers is “late” and will NOT be considered.

L.8 LATE PROPOSALS

Late proposals will not be accepted, and shall be handled in accordance with FAR Clause 52.215-1(c)(3). The official receipt of a proposal by the Government is the physical receipt by a representative of the Contracting Office. To assure timely and equitable evaluation of proposals, offerors must follow the instructions contained herein. The offeror shall submit in the proposal all requested information specified in this section of the Request for Proposal (RFP) solicitation at or before the exact time specified. Failure to meet a requirement shall result in an offer being ineligible for award.

L.9 PRE-PROPOSAL CONFERENCE

A pre-proposal conference for all prospective Offerors will be held on Monday, November 18, 2013, at 10:30 pm EDT at DOT Headquarters, Washington, DC. All prospective Offerors are urged to attend this pre-proposal conference, during which time potential contractors may obtain a better understanding of the work required and requirements of the solicitation. Due to space limitations, a maximum of two (2) representatives from each company may attend. The Government reserves the right to further restrict the number of attendees based on available of space. Each prospective Offeror must register for the pre-proposal conference by emailing the representative’s full name, email address, and company affiliation of each of its attendees to 2014_PMO_Recompete@ dot.gov no later than 3:00 pm EDT on Tuesday, October 22, 2013.