RFP_PMO_2014____DTFT60-13-R-00003.pdf

U.S. Department of Transportation

Federal Transit Administration

Request for Proposal

RFP No. DTFT60-13-R-00003

Department of Transportation/Federal Transit Administration Office of Procurement

Washington D.C.

Table of Contents

SECTION A – SOLICITATION/CONTRACT FORM (SF 33)

SOLICITATION SUMMARY

SOLICTATION COPIES

MULTIPE-AWARD CONTRACTS AND SMALL BUSINESS SET-ASIDE

SYSTEM FOR AWARD MANAGEMENT (SAM) DATABASE

ONLINE REPRESENTATIONS AND CERTIFICATIONS APPLICATION

BUSSINESS SIZE CLASSIFICATION

NOTICE TO OFFERORS OF SUBCONTRACTING PLAN REQUIREMENTS

PART I – THE SCHEDULE

SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS

SECTION C - STATEMENT OF WORK

SECTION D - PACKAGING AND MARKING

SECTION E - INSPECTION AND ACCEPTANCE

SECTION F - DELIVERIES OR PERFORMANCE

SECTION G - CONTRACT ADMINISTRATION DATA

SECTION H - SPECIAL CONTRACT REQUIREMENTS

PART II – CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES

I.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

I.2 52.203-13 CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT (APR 2010)

I.3 52.216-18 ORDERING (OCT 1995)

I.4 52.216-19 ORDER LIMITATIONS (OCT 1995)

I.5 52.216-22 INDEFINITE QUANTITY (OCT 1995)

I.6 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

I.7 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

I.8 752.242-70 PERIODIC PROGRESS REPORTS (OCT 2007)

SECTION K- REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS

SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS (IQC

SECTION M - EVALUATION FACTORS FOR AWARD

SECTION J - LIST OF 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.5 LABOR CATEGORY TABLE

J.6 MODIFIED PRE-AWARD SURVEY (SF FORM 1408) OF PROSPECTIVE CONTRACTOR ACCOUNTING

SYSTEM

J.7 CONTRACT PRICING SUMMARY TEMPLATE

J.8 PRICING TEMPLATES (FULLY LOADED LABOR RATES)

J.9 DISCLOSURE OF LOBBYING ACTIVITIES

J.10 OVERSIGHT PROCEDURES (OP’S)

J.11 CONFLICT OF INTEREST MATRIX

J.12 BILLING INSTRUCTIONS

J.13 INVOICE WORKSHEETS

SECTION A – STANDARD FORM 33

1. THIS CONTRACT IS A RATED ORDER RATING PAGE OF

SOLICITATION, OFFER AND AWARD UNDER DPAS (15 CFR 700) 1 Pages

2. CONTRACT NO. 3. SOLICITATION NO. 4. TYPE OF SOLICITATION 5. DATE ISSUED 6. REQUISITION/PURCHASE

DTFT60-13-R-00003 SEALED BID (IFB) 09/30/2013

NEGOTIATED (RFP)

7. ISSUED BY CODE FTA/DOT 8. ADDRESS OFFER TO (If other than Item 7)

DOT/FEDERAL TRANSIT ADMINISTRATION

OFFICE OF PROCUREMENT Same as Block #7 1200 New Jersey Avenue, SE, East BLDG/TAD-40

WASHINGTON, DC 20590

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

SOLICITATION

9. See Section L. 5 of the Solicitation for submission of proposal until 3:00PM local time December 2, 2013.

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

A. NAME B. TELEPHONE NO. (NO COLLECT CALLS) C. E-MAIL ADDRESS

10. FOR INFORMATION

CALL:

Dorian Ridley-Curtis

AREA CODE

NUMBER

EXT.

dorian.ridley-curtis@dot.gov

11. TABLE OF CONTENTS

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

PART I - THE SCHEDULE PART II - CONTRACT CLAUSES

X A SOLICITATION/CONTRACT FORM X I CONTRACT CLAUSES

X B SUPPLIES OR SERVICES AND PRICES/COSTS PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.

X C DESCRIPTION/SPECS./WORK STATEMENT X J LIST OF ATTACHMENTS

X D PACKAGING AND MARKING PART IV - REPRESENTATIONS AND INSTRUCTIONS

X E INSPECTION AND ACCEPTANCE X K REPRESENTATIONS, CERTIFICATIONS AND

X F DELIVERIES OR PERFORMANCE OTHER STATEMENTS OF OFFERORS

X G CONTRACT ADMINISTRATION DATA X L INSTRS., CONDS., AND NOTICES TO OFFER

X H SPECIAL CONTRACT REQUIREMENTS X M EVALUATION FACTORS FOR AWARD

OFFER (Must be fully completed by offeror) NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

12. In compliance with the above, the undersigned agrees, if this offer is accepted within 280 calendar days from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

13. DISCOUNT FOR PROMPT PAYMENT 10 CALENDAR DAYS 20 CALENDAR DAYS 30 CALENDAR DAYS CALENDAR DAYS (See Section I, Clause No. 52.232-8) % % % %

14. ACKNOWLEDGMENT OF AMENDMENTS AMENDMENT NO. DATE AMENDMENT NO. DATE

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

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

15A. NAME OFFER (Type of Print)

AND

ADDRESS

OF

OFFEROR

15B. TELEPHONE NUMBER

15C. CHECK IF REMITTANCE ADDRESS

IS DIFFERENT FROM ABOVE - ENTER

SUCH ADDRESS IN SCHEDULE.

17. SIGNATURE 18. OFFER DATE

AREA CODE NUMBER EXT.

AWARD (To be completed by Government)

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

See G.1

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:

23. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

10 U.S.C 2304(c)( ) 41 U.S.C. 253(c)( ) (4 copies unless otherwise specified)

24. ADMINISTERED BY (If other then Item 7) CODE 25. PAYMENT WILL BE MADE BY CODE As specified on individual orders

26. NAME OF CONTRACTING OFFICER (Type or print) 27. UNITED STATES OF AMERICA 28. AWARD DATE Dorian Ridley-Curtis (Signature of Contracting Officer) IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 33 (REV. 9-97)

Previous edition is unusable Prescribed by GSA - FAR (48 CFR) 53.214(c)

DOT/FTA Request For Proposal RFP No. DTFT60-13-R-00003

THE INFORMATION SET FORTH IN SECTION A - SOLICITATION/CONTRACT FORM, HEREIN

CONTAINS IMPORTANT INFORMATION FOR ANY OFFEROR INTERESTED IN RESPONDING TO

THIS SOLICITATION. ANY CONTRACT RESULTING FROM THIS SOLICITATION WILL INCLUDE IN

ITS SECTION A - SOLICITATION/ CONTRACT FORM, APPLICABLE TO THE CONTRACT AWARD.

SECTION A – (SF 33 - cont’d) SOLICITATION / CONTRACT FORM

A.1 SOLICITATION SUMMARY

1. The SOLICITATION Number DTFT60-13-R-00003 is issued to obtain information concerning the planned acquisition for Project Management Oversight requirement. The objective of the Program Management Oversight procurement is to acquire engineering support services under a multiple award, Indefinite Delivery/Indefinite Quantity (IDIQ) Contract.

2. Any questions or comments on this RFP shall be submitted by 4:00 p.m., Eastern Time, October 30, 2013 via email. All questions/comments shall be incorporated into a MS Word document and shall be submitted via e-mail to 2014_PMO_RECOMPETE@dot.gov

3. All proposals, regardless of the size of the company, will be evaluated and rated against the criteria established in Section M and must comply with the proposal instructions set forth in Section L herein. The Department plans to award contracts using a “best value” approach as discussed in Section M.

A.2 SOLICITATION COPIES

Copies of this solicitation are available on the Federal Business Opportunities website https://www.fbo.gov/. It is the responsibility of each offeror to check the Federal Business Opportunities website at https://www.fbo.gov/ for solicitation updates and amendments. No paper copies of the solicitation will be provided.

A.3 MULTIPLE-AWARD CONTRACTS AND SMALL BUSINESS SET-ASIDE

Pursuant to FAR19.502-4, the Government has set aside and intends to award at least three

(3) IDIQ contracts to a small business concern under this requirement.

mailto:2014_PMO_RECOMPETE@dot.gov

DOT/FTA Request For Proposal RFP No. DTFT60-13-R-00003

A.4 SYSTEM FOR AWARD MANAGEMENT (SAM) DATABASE

Only contractors who are registered in the System for Award Management (SAM) can be awarded a contract. Offerors are required to be registered in SYSTEM FOR AWARD MANAGEMENT (SAM) DATABASE: Lack of registration in SAM will make an offeror ineligible for award as described in FAR 52.204-7. Do NOT delay submission of your offer pending receipt of a CAGE code. Offerors may obtain information on registration via:

https://www.sam.gov/portal/public/SAM/. Offerors must have electronic funds transfer (EFT) capability. FAR 52.204-99 System for Award Management Registration (August 2012)

(DEVIATION).

A.5 ONLINE REPRESENTATIONS AND CERTIFICATIONS APPLICATION

Your attention is drawn to Section K, Paragraph K.1, Clause 52.212-3, “Offeror Representations and Certifications.” Offerors must provide representations and certifications electronically through the Online Representations and Certifications Applications (SAM). Visit at:

https://www.sam.gov/portal/public/SAM/ for further information about SAM and how to enter your information.

A.6 BUSINESS SIZE CLASSIFICATION

(a) NAICS Code. 541 -- Professional, Scientific, and Technical Services/541611 -- Administrative Management and General Management Consulting Services Product Service code of R410

A.7 NOTICE TO OFFERORS OF SUBCONTRACTING PLAN REQUIREMENTS (Jun 2005), FAR 52.219-71

The Department of Transportation/Federal Transit Administration is committed to assuring that maximum practicable opportunity is provided to small, HUBZone small, small disadvantaged, women-owned, veteran- owned, and service-disabled veteran owned small business concerns participate in the performance of this contract consistent with its efficient performance. DOT/FTA expects all subcontracting plan submitted pursuant to FAR 52.219-9, Small Business Subcontracting Plan, to reflect this commitment. Consequently, an offeror, other than a small business concern, before being awarded a contract exceeding $650,000 must demonstrate that its subcontracting plan represents a creative and innovative program for involving small, HUBZone small, small disadvantaged, women-owned, veteran- owned, and service-disabled veteran owned small business concerns as subcontractors in the performance of this contract.

https://www.sam.gov/portal/public/SAM/ https://www.sam.gov/portal/public/SAM/

DOT/FTA Request For Proposal RFP No. DTFT60-13-R-00003

SECTION B – SUPPLIES OR SERVICES AND PRICES / COSTS

B.1 GENERAL

The Contractor shall provide, in accordance with the requirements specified herein, all labor, management, supervision, and other resources necessary to furnish Project Management Oversight support services to the Department of Transportation/ Federal Transit Administration. All Project Management Oversight requirements will be fulfilled on an Indefinite Delivery/ Indefinite Quantity (IDIQ) for all support services through the issuance of Task Orders.

B.2 CONTRACT

This is an Indefinite Delivery/Indefinite Quantity (IDIQ) type contract for services with multiple pricing arrangements available for use in pricing individual task orders available to the Government

Due to the variety of services required under the contract and the circumstances that affect their duration, the Government anticipates using a variety of task orders to include Firm-Fixed-Price (FFP), Cost-Plus- Fixed-Fee (CPFF) Completion, Cost-Plus-Fixed-Fee (CPFF) Term basis, Labor Hour (L-H), or Cost Plus Award Fee (CPAF) at the Contracting Officer's (CO) discretion consistent with the guidelines provided in Part 16 of the Federal Acquisition Regulations (FAR) . Travel and Other Direct Costs (ODCs) under CPFF task orders shall be priced on a cost-reimbursement base only, no fee basis shall be allocated. Fee/profit will not be allowed on Travel or ODC regardless of task order type.

Performance-based task orders will be used to the maximum extent practicable. The Government reserves the right to change the type of contract. Task Orders will be issued in accordance with the procedures set forth in Section G. Pursuant to FAR 16.601(c); Cost type and Labor Hour Task Orders require a Determination and Findings (D&F) by the Contracting Officer that no other Order type is suitable. The contract consists of a five-year period of performance from date of award.

B.2.1 METHOD OF PRICING ORDERS

Each offeror must submit detailed cost and pricing information for use in negotiating task orders under this IDIQ contract. At a minimum, this information must consist of labor rates for each labor category

DOT/FTA Request For Proposal RFP No. DTFT60-13-R-00003 identified in Section B entitled Labor Categories. For firm fixed pricing, the offeror shall be priced utilizing your fully burdened rates for each labor category. For cost plus fixed fee pricing, the offeror shall price an hourly rate, applicable overhead and G&A percentages, your proposed fixed fee ceiling percentage and the total cost based on the estimated hours provided. The offeror must identify if these rates are pre-approved by the cognizant government auditor, and provide evidence of the approval, and the name, agency address and telephone number of the cognizant Auditor. In addition, the offeror must state if they have an approved accounting system for use on cost reimbursement contracts. Upon acceptance/negotiation the above rates will be included in the awarded IDIQ contract and shall be used by the contractor in submitting proposals for specific task orders. The fixed fee ceiling percentage will also be included in the awarded IDIQ contract. Actual fixed fee dollar amounts will be negotiated on a task order level with a fee not to exceed the accepted/negotiated fixed fee ceiling percentage.

B.3 COST ACCOUNTING

Cost Reimbursement is defined under FAR Subpart 16.3, Cost- Reimbursement Contracts, and other applicable agency-specific regulatory supplements. FAR Part 30, Cost Accounting Standards Administration and FAR Part 31, Contract Cost Principles and Procedures, shall apply to all cost-reimbursement task orders. The contractor shall have an accounting system that is in compliance with Generally Accepted Accounting Principles (GAAP) and IAW FAR 16.301 for accumulating and billing costs on government contracts, the contractor must establish and maintain throughout the life of the contract period of performance a cost accounting system which complies with Generally Accepted Accounting Principles (GAAP) and Cost Accounting Standards (CAS). The Contractor shall have and maintain an adequate accounting system that will permit timely development of all necessary cost data in the form required by the proposed contract type.

The Contractor may be required to submit a cost proposal with supporting information for each cost element, including, but not limited to, direct labor, fringe benefits, overhead, general and administrative (G&A) expenses, facilities capital cost of money, other direct costs, and fee consistent with their cost accounting system, provisional billing rates, forward pricing rate agreements, and/or CAS.

NOTE:

Please be advised that if the Offeror does not have an accounting system that is sufficient for determining costs applicable to the contract (FAR

DOT/FTA Request For Proposal RFP No. DTFT60-13-R-00003

16.301-3) and for accumulating and segregating costs, it will not be eligible to receive a contract award.

All Cost Reimbursement Task Orders will be priced in accordance with approved DCAA (or FAR Part 31) rates. Direct and indirect cost rates will be established on the contract IDIQ level. The contractor will provide complete supporting schedules identifying all applicable direct and indirect rate estimates. Offerors with approved DCAA rates should submit their most recent provisional indirect billing and actual rates for both direct and indirect rates. Offerors without audited rates shall propose indirect rates in accordance with FAR Part 31. The profit/fee will be consistent with statutory limitations. See Section H and Section L for further information.

a. FUNDING

Funds for the services provided will be obligated, at the task order level, as they become available, or excess funds de-obligated at the task order level, by modification to the task order contracts unilaterally by the Government. The Contractor will only be paid for effort that has been authorized by the Government and performed in accordance with the contract specifications, except for the minimum amount guaranteed if the Contractor meets the requirements.

b. BUDGET b.1. The estimated cost for the performance of the work required hereunder, exclusive of fee is $TBD at the Task Order Level_. The total estimated cost plus fixed fee is $ TBD at the Task Order Level _.

b. Within the estimated cost plus fixed fee, if any, specified in paragraph (b.1) above, the amount currently obligated and available for reimbursement of allowable costs incurred by the Contractor (and payment of fee, if any) for performance hereunder is $TBD at the Task Order Level . The Contractor must not exceed the aforesaid obligated amount unless authorized by the Contracting Officer pursuant to the clause of this contract entitled "Limitation of Funds" (FAR 52.232-22).

See Section I of the basic IDIQ

c. CEILING PRICE

The contractor will not be paid any sum in excess of the ceiling price or obligating amount, whichever is less as determined on the award document at the Task Order Level.

DOT/FTA Request For Proposal RFP No. DTFT60-13-R-00003

d. INCREMENTAL FUNDING

In accordance with 32.704, incrementally funded CPFF pricing, may be incrementally funded. Incrementally funded modifications will contain a provision substantially as follows: Pursuant to the Limitation of Funds clause (FAR 52.232-22), the total amount allotted to this order is $TBD* and it is estimated that this amount is sufficient for performance through $TBD*. Funding for the services as outlined in the individual task order, may be incrementally funded as required on each individual task order and subsequent modifications in accordance with the ordering terms and conditions described in Section G - Contract Administration Data. In no event, however, shall the Contractor be authorized to incur costs under an individual task order in excess of the total amount of funds obligated against that task order. (* To be filled in at task order level time of award)

B.4 MINUMUM/MAXIMUM IDIQ POTENTIAL CONTRACT VALUE (TO

LEVEL)

As indicated below, the guaranteed minimum payment to the contractor under this contract will be $2,500. The Government will obligate the guaranteed minimum of $2,500 via a single task order award or multiple task order awards at the time of basic contract award. The maximum value, as stated below, is a collective ceiling that will be shared among all PMO IDIQ awardees across all contracts and task orders awarded.

During the contract period of performance specified in the ORDERING Clause (FAR 52.216-18), the Government shall place orders at a minimum of $2,500 under each contract awarded as a result of this RFP.

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.

The total minimum and maximum quantity and value of supplies or services that the Government will acquire under this contract is as follows:

DOT/FTA Request For Proposal RFP No. DTFT60-13-R-00003

MINIMUM: The total minimum guaranteed by the Government, is $2,500 for each awardee. The minimum amount will be obligated and satisfied on the first task order awarded.

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.

The award of this multiple Indefinite Delivery/Indefinite Quantity (IDIQ) Contract is unfunded. Even though the Total Cost is estimated at $750,000,000, and is stated on page 1, Block 20 of the Standard Form 33 Contract, it does not have any accounting and appropriation data. It merely represents the estimated contract amount for the total period of performance for the total program related to the Project Management Oversight Requirement. The individual Task Orders issued under this contract will provide accounting and appropriation data. The Government’s only obligation is $2,500 to each awardee during the total period of performance of the award contracts.

B.5 FULFILLING MINIMUM ORDERING REQUIREMENTS

The Government has no obligation to issue task orders to any Contractor beyond the minimum amount specified above. For each successful Contractor, regardless of the number of technical areas for which the Contractor has qualified, there will be a one time “minimum guarantee award amount of $2,500” during the life of the contract. This amount will be obligated on the first task order awarded which will satisfy the Government’s minimum obligation for the life of the contract.

B.6 LABOR RATES

B.6.1. COST PLUS FIXED FEE: Applicable labor rates for each task order issued under this contract will be as follows. If a discipline is not listed in

DOT/FTA Request For Proposal RFP No. DTFT60-13-R-00003

SECTION B Rate Table (below) and is required for a specific task order, that labor rate shall be negotiated before the award of that task order.

The labor rates provided by the offeror, and determined fair and reasonable by the government, are legally binding and will be the maximum rates at the task order level; however, lower rates may be offered at the task order level. For COST PLUS FIXED FEE the Contractor will use the most recent DCAA/DCMA approved forward pricing rates or Certified Public Accountant (CPA) established cost pools in accordance with FAR Part 31 for Overhead, G&A, and other indirect costs. The contractor shall have an accounting system that is in compliance with Generally Accepted Accounting Principles (GAAP). This base contract and subsequent task orders are subject to audit. The amount to be paid to the Contractor shall not exceed the hourly rates for disciplines listed in

SECTION B.18.

B.6.2. FIRM FIXED: Applicable labor rates for each task order issued under this contract will be as follows. If a discipline is not listed in SECTION B Rate Table (below) and is required for a specific task order, that labor rate shall be negotiated before the award of that task order.

The labor rates provided by the offeror, and determined fair and reasonable by the government, are legally binding and will be the maximum rates at the task order level; however, lower rates may be offered at the task order level. All hourly rates shall be fully loaded and include overhead, General/Administration (G&A), Labor Burden Fringes, Profit. The amount to be paid to the Contractor shall not exceed the fully loaded hourly rates (including profit) for disciplines listed in SECTION B.19.

B.7 FEE/PROFIT

The ceiling fixed fee is $TBD. The fee shall be paid in direct ratio to the level of effort expended; that is, the percent of fee paid shall be equal to the percent of total effort expended at the task order level. Payment shall be subject to the withholding provisions of the clauses ALLOWABLE COST AND PAYMENT and FIXED FEE referenced in the General Clause Listing in Section I of the contract hereof for the related period, subject to the withholding provisions of paragraph (b) of the “Fixed Fee” clause.

In the event of discontinuance of the work in accordance with clause of this contract entitled “Limitation of Cost, Limitation of Funds the fixed fee shall be shall be reduced in an amount to be calculated based on the level of effort as stated in the task order.

*To be applied at the Task Order level.

DOT/FTA Request For Proposal RFP No. DTFT60-13-R-00003

The fee will be negotiated for each task order consistent with statutory limitations. In the event of discontinuance of the work in accordance with the clause of the contract entitled “Termination (Cost Reimbursement)” (FAR 52.249-6), the fee must be re-determined by mutual agreement equitably to reflect the reduction in the work actually performed.

B.8 PAYMENT

For Cost Plus Fixed Fee task orders the offerors shall propose a fixed fee percentage which shall be subject to negotiation.

Maximum Fixed Fee percentage. Fixed Fee is only applicable to prime and subcontractor labor. The offeror shall propose one fixed fee percentage in the cell to the right. This fee percentage is applicable to all CPFF pricing.

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/FTA Request For Proposal RFP No. DTFT60-13-R-00003

B.9 CONTRACT PRICING

B.9.1 CLIN Table

• NSP ~ Not separately priced

• Other Direct Costs ~ will constitute travel expenses under the resultant task order. Any cost incurred prior to the effective date of this contract shall be considered unallowable and not reimbursable under this contract unless authorized in writing by the Contracting Officer.

** All Task Orders issued will be applied to the guaranteed minimum quantity and maximum quantity as provided in the “Minimum/Maximum Amount of Supplies or Services” stated in Section B.4. Task Order proposals must utilize the not-to-exceed rates and factors delineated in Section B for pricing all task orders contemplated or issued in accordance with the “Task Ordering Procedure.

B.10 PROVISIONS APPLICABLE TO DIRECT COSTS

Notwithstanding the Clauses FAR 52.216-7, "Allowable Cost and Payment" (DEC 2002), and FAR 52.244-2, "Subcontracts (Cost- Reimbursement and Letter Contracts)" (AUG 1998), unless authorized in writing by the Contracting Officer, the costs of the following items or activities shall be unallowable as direct costs:

CLIN DESCRIPTION OF SUPPLIES/SERVICES AMOUNT

0001 CONTRACT AND PROGRAM SUPPORT

Descriptive Data: The contractor shall provide services IAW Section C.

NSP

0002 PROJECT MANAGEMENT SERVICES NSP

Descriptive Data: The contractor shall provide services IAW Section C.

0003 TECHNICAL REVIEW SERVICES

Descriptive Data: The contractor shall provide services IAW Section C.

NSP

0004 OTHER REPORTS, REVIEWS, AND

PLANS

Descriptive Data: The contractor shall provide services IAW Section C.

NSP

0005 OTHER DIRECT COSTS

NSP

DOT/FTA Request For Proposal RFP No. DTFT60-13-R-00003

a. Acquisition, Alteration, and Lease

(1) Acquisition, purchase or lease, of any interest in real property;

(2) Special rearrangement or alteration of facilities;

(3) Purchase or lease of any item of general purpose office furniture or office equipment regardless of dollar value (General purpose office equipment regardless of dollar value items of personal property which are usable for purposes other than research, such as office equipment and furnishings, pocket calculators, etc.);

(4) Purchase or rental of any items of personal property having a unit value of $500 or more; and

(5) Foreign travel

B.11 INDIRECT COST RATES --See Section B.9 (TBD _ To be filled in at time of award) Provisional and Final _ APPLICABLE TO (PRIME and Subcontractor)

a. Pursuant to the provisions of FAR 52.216-7 entitled "Allowable Cost & Payment (DEC 2002)," in Section I of this contract, the allowable Indirect Costs under this contract shall be obtained by applying the final rates or rates negotiated to the appropriate bases. The period or periods for which such rates will be established shall correspond to the Contractor's fiscal year(s). The final rate proposal is to be submitted to the Contracting Officer.

In the event that the final rate proposal is submitted to the cognizant audit agency, the Contractor shall advise the Contracting Officer in writing when and to whom it was submitted.

b. Pending establishment of final rates for any period, provisional reimbursement will be made on the basis of the provisional rates shown below. To prevent substantial over or under payment, and to apply either retroactively or prospectively, provisional rates may, at the request of either party, be revised by mutual agreement. The Government will execute a contract modification upon receipt of DCAA’s or the audit agency’s indirect rate audit to incorporate the negotiated indirect rates. In the event the final indirect cost rates are less than the provisional rates, retroactive adjustments to both the applicable costs and award fee shall be made at the time of contract modification. The Government shall not be obligated to pay any additional amount should the final indirect cost rates exceed the negotiated ceilings stated below.

DOT/FTA Request For Proposal RFP No. DTFT60-13-R-00003

In the event the audit determined final indirect cost rates are less than the original negotiated ceiling rates, the negotiated rates will be reduced to conform to the lower rates.

c. Reimbursement will be limited to the negotiated indirect cost ceilings established in the contract and the contractor’s final rates are hereby limited to the negotiated indirect cost ceiling(s) stated above. The Government has no obligation to pay any additional amount to the contractor should the final indirect cost rates exceed the negotiated ceilings as stated in the contract.

d. In accordance with Federal Acquisition Regulation (FAR) (48 CFR Chapter

1) Clause52.216-7(d) (2), Allowable Cost and Payment incorporated by reference in this contract the Contracting Officer is responsible for negotiating provisional and/or final indirect cost rates: The period or periods for which such rates will be established shall correspond to the contractor’s fiscal year(s). The final rate proposal shall also be submitted to the Contracting Officer.

e. The final indirect cost rates applicable to this contract shall not exceed the ceiling rates listed above, provided, however, that in the event the rates determined by the cognizant Federal audit activity on the basis of actual allowable costa are less than the ceiling rates agreed to herein, then the lower rates established by such cognizant audit activity shall apply.

f. Notwithstanding the foregoing, the Contractor shall, in the case of an upward or downward adjustment of the provisional rates specified above, provide timely notification to the Contracting Officer, and shall comply with the requirements of Clause FAR 52.232-22, "Limitation of Funds" (APR 1984) of the contract, where such increase in costs causes operation of that clause.

B.12 TRAVEL/OTHER DIRECT COSTS

Travel and Other Direct Costs shall be reimbursed at actual costs incurred in accordance with 52.216-7, Allowable Cost and Payment, and the Federal Travel Regulation (FTR) as applicable. These items will not be separately priced in this contract, but will be set forth, when applicable, on each task order. Profit/fee shall not be allowed on travel or ODC.

DOT/FTA Request For Proposal RFP No. DTFT60-13-R-00003

B.13 WITHHOLDING OF CONTRACT PAYMENTS, FAR 52.232-9 (JAN 2006)

Notwithstanding any other payment provisions of this contract, failure of the Contractor to submit required reports when due or failure to perform or deliver required work, supplies, or services, may result in the withholding of payments under this contract unless such failure arises out of causes beyond the control, and without the fault or negligence of the Contractor as defined by the clause entitled ‘‘Excusable Delays’’ or ‘‘Default’’, as applicable. The Government shall immediately notify the Contractor of its intention to withhold payment of any invoice or voucher submitted. IAW FAR 52.232-9

B.14 PROVISIONS APPLICABLE TO INDIRECT COSTS (PRIME) FILL-IN

a. The allowable indirect costs under this contract shall be established in accordance with the procedures set forth in Clause FAR 52.216-7, "Allowable Cost and Payment" (DEC 2002). The application of this Indirect Cost Rate is permitted only to the extent that those costs are not already recovered as part of the contractor's Loaded Labor Rates.

b. Beginning with the effective date of this contract, indirect costs shall be reimbursed at the following provisional and/or ceiling rates:

Provisional Ceiling Base for Type Rate Rate Application

Overhead % % Direct Labor

G&A % % Direct Labor

B.15 PROVISIONS APPLICABLE TO INDIRECT COSTS FILL-IN

SUBCONTRACTOR TEAM

B.15.1 (NAMES OF FIRMS TO BE INSERTED AFTER AWARD).

In addition, the following rates have been established for reimbursement of indirect costs to the Sub-Contractor's identified below:

DOT/FTA Request For Proposal RFP No. DTFT60-13-R-00003

Provisional Ceiling Base for Type Rate Rate Application

Overhead % % Direct Labor

G&A % % Direct Labor

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.

(b) At any time and throughout the life of the contract, at the request of either the Contractor or the Government, the Contractor may propose additional labor categories and descriptions in addition to the Government labor categories. These additional labor categories and descriptions will be negotiated on a case-by-case basis (See Section G.)

The additional categories, rates and descriptions proposed, upon determination by the Government that they are fair and reasonable, will be incorporated by modification into the Section B, CLIN Rate Tables of this contract.

B.17 OVERTIME

All overtime must be approved in advance by the Contracting Officer.

Such a request for overtime must be in writing, or by written communications, i.e., email, etc. The Contracting Officer may verbally grant overtime approval followed by written confirmation. Any unauthorized overtime not approved in advance by a warrant Contracting Officer will be deemed an unallowable expense and will not be reimbursed.

DOT/FTA Request For Proposal RFP No. DTFT60-13-R-00003

B.18 RATE TABLE FOR PRICING OF CPFF

The Contractor is hereby authorized to incur the following maximum direct labor rate, including a maximum of 2.5 % escalation per year, after the first year of performance, within the limits established in each negotiated Task Order as follows:

The labor rates are composite team rates (prime and all subcontractors).

The parties agree that the labor rates established below shall not be subject to an equitable adjustment (increase/upwards), incurred during contract performance.

**Staff designated as Key Personnel

CPFF

Labor Category Unit

Prime/Sub Insert Name

Contract Year 1 Labor Rate

Contract Year 2 Labor Rate

Contract Year 3 Labor Rate

Contract Year 4 Labor Rate

Contract Year 5 Labor Rate

** Program Manager (No Subcontractors) Hour Prime

John Doe

60.00 70.00 80.00 90.00 100.00

** Task Order Manager (No Subcontractors) Hour

Systems Integration Manager Hour

Risk Assessment Manager Hour

Civil Engineering (PE) Hour QA/QC Manager Hour Systems Safety Manager Hour

Cost Estimator Manager Hour

Project Scheduling Manager Hour

Vehicle Engineer Hour Real Estate Manager Hour Contract/ Procurement Manager

Hour

Construction Management

Transit Operations Manager Hour

DOT/FTA Request For Proposal RFP No. DTFT60-13-R-00003

* NOTE: Labor Rates for all associated task orders shall be in accordance with the negotiated rates in Sections B.18. Rate Table for CPFF Pricing Task Orders

B.19 LABOR RATE TABLE FOR PRICING FFP

The labor rates are fully burdened composite team rates (prime and all subcontractors). The parties agree that the fully burdened labor rates established below shall not be subject to any equitable adjustment (upwards or downwards), regardless of actual rates incurred during contract performance.

*Fully Loaded Labor Rates for each skill set

Communications Engineer

Hour

Bridge/Structural Engineer (P.E.)

Hour

Geotechnical Engineer (P.E.) Hour

Buy America Expert Hour Clerical Support Staff Hour

FFP

Labor Category Unit

Prime/Sub Insert Name

Contract Year 1 Labor Rate

Contract Year 2 Labor Rate

Contract Year 3 Labor Rate

Contract Year 4 Labor Rate

Contract Year 5 Labor Rate

** Program Manager (No Subcontractors) Hour Prime

John Doe

60.00 70.00 80.00 90.00 100.00

** Task Order Manager (No Subcontractors)

Systems Integration

Risk Assessment Manager Hour

Civil Engineering (PE) Hour

QA/QC Manager Hour Systems Safety Manager Hour

Cost Estimator Manager Hour

Project Scheduling

DOT/FTA Request For Proposal RFP No. DTFT60-13-R-00003

* 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).

B.20 TASK ORDER PERIOD OF PERFORMANCE

The term for each Task Order place under the Base IDIQ Contract shall be specified in the individual Task Order. Under no circumstances may a new Task Order be awarded under the Base IDIQ Contract if the Base IDIQ Contract is not in effect, has expired, cancelled, or terminated.

B.21 WITHHOLDING OF FIXED FEE

After payment of 85% of the fee, the Contracting Officer may withhold further payment of fee to establish a reserve to protect the interests of the Government. This reserve may not exceed 15% of the total fee, or $100, 0000, whichever is less. Any fee withheld is payable upon submission of appropriate closing documents after final audit of the contract has been completed and all audit exceptions have been resolved.

(End of Section B)

Vehicle Engineer Hour Real Estate Manager Hour

Contract/ Procurement

Construction Management

Transit Operations

Communications Engineer

Hour

Bridge/Structural Engineer (P.E.)

Hour

Geotechnical Engineer (P.E.) Hour

Buy America Expert Hour Clerical Support Staff Hour

DOT/FTA Request For Proposal RFP No. DTFT60-13-R-00003

SECTION C – STATEMENT OF WORK

SECTION C – STATEMENT OF WORK

C.1 BACKGROUND

The United States Department of Transportation (DOT), Federal Transit Administration (FTA), is responsible for the administration of grants and loans to assist State and local public bodies (grantees/project sponsors) in financing the acquisition, construction, reconstruction, and capital improvements of transit facilities under 49 U.S.C. Chapter 53. FTA, therefore, has substantial oversight responsibilities to ensure capital projects are delivered under the terms of the grant or loan agreement, and meet all Federal requirements.

Traditionally, most major capital projects have been funded out of 49 U.S.C. Section 5309 for New Starts Projects or for Fixed Guideway Modernization Projects. However, FTA also provides project level oversight for Small Starts projects, as well as other projects for which oversight is deemed necessary, such as the Urban Circulator projects, projects funded under the American Recovery and Reinvestment Act (ARRA), or the Transportation Investments Generating Economic Recovery (TIGER) projects. While FTA’s latest authorization, Moving Ahead for Progress in the 21st Century (MAP-21) has restructured many of these programs, and created new programs such as Core Capacity projects and the State of Good Repair Formula Program, the need for project management oversight remains.

FTA’s project management oversight authorities are found in 49 U.S.C.

5338, Section (i) Oversight, and Subsection (2) Activities which entail(A) Activities to oversee the construction of a major capital project; (B) Activities to review and audit the safety and security, procurement, management, and financial compliance of a recipient or subrecipient of funds under this chapter; and (C) Activities to provide technical assistance generally, and to provide technical assistance to correct deficiencies identified in compliance reviews and audits carried out under this section.

To receive United States Government financial assistance for a major capital project, a project sponsor must develop and implement a Project Management Plan (PMP) approved by FTA. The PMP shall recommend a phased project management approach where each phase (1) starts with a baseline, (2) has a process that refines the project definition, and (3) generates outputs that become the inputs for any subsequent phase. By

DOT/FTA Request For Proposal RFP No. DTFT60-13-R-00003 defining the requirements for each phase and sound approaches to their accomplishment, a PMP allows project sponsors to define project requirements, allocate resources, perform project activities, monitor progress, make adjustments to obtain the proper information, and assure decisions are made at the appropriate project milestones.

In general, under Sections 5307 and 5309 (including the discretionary New Starts Program), FTA will not approve a grant unless the applicant Grantee demonstrates the legal, financial, and technical capacity and capability to carry out the project, including safety and security aspects of the project. The provisions of 49 U.S.C. Chapter 53 also require that grants only be given to projects where FTA has determined that (1) the proposed project will not degrade the Grantee’s ability to maintain and operate the entire public transportation system without requiring a reduction in existing public transportation services; (2) the Grantee will have satisfactory continuing control over the use of the equipment or facilities; (3) the Grantee has the capability and willingness to maintain the equipment or facilities, and (4) there is a reasonable likelihood that the project will continue to meet such requirements.

Additionally, FTA monitors grants to confirm that Grantees establish and follow procedures that are reasonable and comply with FTA requirements in FTA Circular 5010.1, Grant Management Guidelines.

Overall, the FTA must ensure that project sponsors execute authorized projects professionally, efficiently, safely, and in accordance with applicable laws and regulations. To assist FTA in fulfilling this responsibility, the Contractor will provide Project Management Oversight (PMO) services for capital projects in accordance with task order assignments made pursuant to the terms of the contract.

C.2 OBJECTIVE

The objectives of the Project Management Oversight contract(s) are to provide FTA with contract support capable of rendering critical programmatic inputs for a variety of FTA program decisions for its grants programs and major capital projects. The acquisition and resulting multiple award contracts will collectively be referred to as the Project Management Oversight, (PMO). Such support includes Contractors performing services, delivering products and producing outcomes that are derived from, based upon, or contain: (1) sufficient quantities of reliable, relevant and useful Contractor or third party data and information (2) properly structured and clearly identified Contractors’ professional opinion, and analysis (3) personnel performing services only in areas of their demonstrated competence and (4) quantitative techniques that meet or exceed FTA’s requirements. Specific

DOT/FTA Request For Proposal RFP No. DTFT60-13-R-00003 performance requirements will be set forth in individual Task Orders (TO) issued during the course of performance of this contract. The contractor shall provide high quality support related to the requirements specified below.

Key services include the reviews of PMPs, and a project sponsor’s technical capacity and capability, to assure the successful delivery of the project scope within budget, schedule, and in accordance with all applicable Federal requirements. In particular, products and services delivered under this contract will assist FTA in accomplishing its legislatively mandated mission. This includes assessing and evaluating the effectiveness and efficiency of Grantees’ development and implementation of federally assisted transit projects, and also ensuring that the Grantee is capable of the following:

• Providing continuous administrative and management direction for project operations.

• Providing adequate technical inspection and supervision of all work in progress for conformance with approved plans and specifications, using qualified professionals.

• Assuring conformity to grant agreements, applicable statutes, codes, ordinances, regulations, policy requirements, sound engineering, safety and project management practices.

• Monitoring grant and project activities to assure that schedules are met and other performance goals are achieved.

• Keeping project expenditures within an established measure of the latest approved project budget.

The contractor services or products should not convey any real or apparent perception to the Grantee organization, or its management that the Grantee has been relieved of any component of its responsibilities and liabilities, as the responsible party for carrying out the Federal grant.

In addition, the Contractors will support FTA to proactively provide technical assistance to project sponsors on an as needed basis, to enhance the efficiency and effectiveness of the project sponsor’s project development and implementation process. The Contractors will also assist in providing technical assistance to correct identified deficiencies in the Grantees’ project management process.

DOT/FTA Request For Proposal RFP No. DTFT60-13-R-00003

The Contractor may be directed to provide similar services to other federal agencies, as may be required by the Economy Act, 31 U.S.C.

Section 1535. The geographic scope of this requirement includes the United States and its territories. Specific requirements will be further identified and defined at the task order level.

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.

(2) All activities associated with recruiting and hiring staff, such as advertising, screening applicants, interviewing, reference checking, etc.

(3) Maintaining “in-house” skills, teaming and/or subcontract arrangements to ensure that staff with the requisite experience, skills and knowledge are available on short notice.

(4) Screening and processing prospective contract staff to ensure all Contractor employees used under this contract meet personnel hiring and security clearance requirements.

(5) All activities associated with management of the Contractor's facilities that may be utilized, including obtaining space, equipment, furniture, supplies, maintenance, etc.

(6) Utilizing electronic means to conduct business transactions under this contract to the maximum extent feasible. This will include, but is not limited to, Contractor receipt of Work Plan Requests, Contractor submission of proposals in response to such requests, Government/Contractor electronic mail exchange to support administration of active task orders, Contractor invoicing, and electronic funds transfer for payment of approved invoices.

Note: After contract award, the Contractor and the Contracting Officer will agree on the methods and scope of electronic communications that the Contractor shall follow during the contract period.

(7) Ensuring facilities used for the Contractor's performance of this contract meet all physical security requirements of the contract.

(8) Planning, scheduling and procuring airfare, lodging accommodations, and ground transportation for all approved travel by Contractor personnel. Ensuring that invoiced travel costs are itemized in accordance with the Government travel guidelines in effect at the time of travel

DOT/FTA Request For Proposal RFP No. DTFT60-13-R-00003

(9) Planning for and making all necessary arrangements to ensure that Contractor personnel performing field work have all necessary supplies and equipment by the time they arrive at the site.

(10) Assembling billing data and billing back-up materials, including all time and materials needed for preparing any responses to Government billing rejection letters. Generating, distributing, and tracking invoices, including generating reports and responding to inquiries regarding invoice status, tracking which deliverables and/or units have been invoiced and which have not, etc.

(11) Tracking and reporting on Government furnished materials. The Contractor is responsible for adequate care and safekeeping of all Government furnished materials, including inventorying, tracking and reporting, etc. The Contractor shall reimburse the Government for any Government furnished materials damaged, lost or stolen while in the Contractor's safekeeping.

(12) All activities associated with managing subcontractors/team members, such as identifying and qualifying personnel, negotiating subcontracts, reviewing invoices, ensuring compliance with the security and other requirements of this Contract, etc.

The above items are NOT separately priced or billable under the contract or any task order.

C.4 DEFINITIONS

A glossary and definitions of basic terms follows:

a. Contracting Officer (CO): The contracting officer has the authority to enter into, administer, or terminate contracts and make related…