Transit_Safety_Outreach_and_Oversight_Program_Final-060316-02.pdf

State Safety Oversight Program

RFP Number DTFT6016R00004

Contents

SECTION B: SUPPLIES OR SERVICES AND PRICES

B.1 Supplies or Services

B.2 North American Industry Classification System (NAICS) Code and Small Business Standard

B.3 Contract Definition – IDIQ Contract

B.4 Contract Line Item Number (CLIN) Structure………………...………………………

B.5 Contract Period of Performance……………………………………………………………………..6

B.6 Pricing/Labor Rates Table

SECTION C: DESCRIPTION/SPECIFICATION/STATEMENT OF WORK………………………9

SECTION D: PACKAGING AND MARKING………………………………………………………..18

SECTION E: INSPECTION AND ACCEPTANCE

E.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

E.2 Contracting Officer (CO) or Contracting Officer’s Representative (COR) Inspection and

Acceptance)

E.3 Government Contract Quality Assurance

E.4 Performance Indicators/Performance Standards

SECTION F: DELIVERIES OR PERFORMANCE

F.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

F.2 Place of Performance……………………………………………………………………………….22

F.3 Period of Performance………….……………………………………………………………………22

F.4 Schedule of Work

F.5 Government Furnished Property…………………………………………………………………….22

SECTION G: CONTRACT ADMINISTRATION…………………………………………………….24

G.1 Contracting Officer (CO) and Contracting Officer’s Representative (COR)

G.2 COR Assignment

G.3 Billing Instructions

G.4 Method of Payment and Procedure

G.5 Status of Payments

G.6 Post Award Evaluation and Contractor Performance

G.7 Post Award Conference / Periodic Progress Meetings

SECTION H: SPECIAL CONTRACT REQUIREMENTS…………………………………………...28

H.1 Executive Order 13514, Federal Leadership In Environmental, Energy and Economic Performance

(October 5, 2009)

H.2 Excluded Functions and Responsibilities

H.3 Non-Personal Service

H.4 Contractor Personnel Maintenance of Professional Conduct

H.5 Section 508 Compliance

H.6 U.S Department of Transportation (DOT) Contractor Personnel Security and Agency Access

(November 2011)

H.7 Identification of Contractor Employees

H.8 Proprietary Data

H.9 FTA Non-Disclosure Agreement (To be provided upon Contract Award)

H.10 Reproduction of Reports

H.11 Access to Sensitive Information

H.12 Organizational Conflict of Interest

H.13 Notification of Conflicts of Interest Regarding Contractor’s Personnel

H.14 Contract Program Management

H.15 Termination of Contract

H.16 Key Contractor Personnel Qualifications

H.17 Key Personnel Substitution/Replacement Process

PART II - CONTRACT CLAUSES………………………………………………………………….39

SECTION I: CLAUSES AND CLAUSES INCORPORATED IN FULL TEXT

I.1 General

I.2 FAR Contract Clauses Incorporated By Reference

I.3 Federal Acquisition Regulation Contract Clauses in Full Text

52.217-9 Option to Extend the Term of the Contract (MAR 2000)

I.4 Transportation Administration Regulation “TAR ” Contract Clauses Incorporated By Reference

I.5 TAR Clauses Incorporated by Reference

I.6 TAR Clauses in Full Text

PART III - LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS

SECTION J: LIST OF ATTACHMENTS AND EXHIBITS

Attachment J-1: Pricing Matrix

Attachment J-2: Conflict of Interest Declaration Matrix……………………………………………….47

Attachment J-3: Resume Template

Attachment J-4: Sample Task Order

PART IV – REPRESENTATION AND INSTRUCTIONS

SECTION K: REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF

OFFERORS OR RESPONDENTS

SECTION L: INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS………………………61

L.1 FAR 52.252-1 Solicitation Provisions Incorporated By Reference (FEB 1998)

L.2 Solicitation Response Requirements

L.4. Proposal Volume Requirements

L.5 Submission Address

L.6 Communication with the Contracting Office

L.7 Technical Proposal Instructions…………………………………………………………………….66

L.8 Estimated Date of Contract Award

L.9 Amendments to Proposals

L.10 Disposition of Proposals

L.11 Prime Contractor Responsibilities

L.12 Alternate Proposals

L.13 Other Requirements

SECTION M: EVALUATION FACTORS AND AWARDS………………………………………….75

M: 1 52.252-1 Solicitation Provisions Incorporated by reference (FEB 1998)…………………………75

M.2 Basis for Award…………………………………………………………………………………….75

M.3 Evaluation Factors and Sub-factors………………………………………………………………...76

M.4 Award without Discussions………………………………………………………………………...81

M.5 Evaluation Approach……………………………………………………………………………….82

M.6 Definitions……..…………………………………………………………………………………...83

M.7 Technical Evaluation Definitions (Proposal Review)……………………………………………...85

M.8 Price Analysis Definitions………………………………………………………………………….86

This request for proposal is not to be construed in any way as a commitment of the Government to pay for proposal preparation costs, nor does it obligate the Government to procure said service. Any questions relative to this procurement should be directed to teddy.cosia.ctr@dot.gov with a copy to

Stephanie.Cooke-Nwadibia@dot.gov by 2:00 pm EST on May 25, 2016.

mailto:teddy.cosia.ctr@dot.gov mailto:Stephanie.Cooke-Nwadibia@dot.gov

SECTION B: SUPPLIES OR SERVICES AND PRICES

B.1 Supplies or Services

The United States (US) Department of Transportation (DOT), Federal Transit Administration

(FTA) anticipates awarding multiple Small Business Set-Aside, Indefinite Delivery and

Indefinite Quantity (IDIQ) contracts. This requirement is a total small business set-aside.

Task orders may be issued on a Firm-Fixed Price (FFP) or Labor Hour (LH) basis. Funding will be delivered on issued, individual task order(s). The Period of Performance (POP) will be three year term, one base year period of 12 months and two one (1) year option periods.

The FTA has an existing required rail-safety program and an existing voluntary bus-safety 21st program. This acquisition seeks to achieve Moving Ahead for the Century (MAP-21) compliance by supporting both of these programs as they exist now, and as they evolve based on new regulations written under MAP-21, with the goal of creating a Transit Safety Outreach and

Oversight Program for all modes of public transit in accordance with the Statement of Work

(SOW) in section C of this Request for Proposal (RFP). The total estimated value for this overall program requirement is no more than $19.2 million across a total of three years concerning performance.

B.2 North American Industry Classification System (NAICS) Code and Small Business

Standard

The North American Industry Classification System (NAICS) Code for this acquisition is

541611, Administrative Management and General Management Consulting Services. The small business size standard is $15,000,000 (Fifteen million dollars).

B.3 Contract Definition – IDIQ Contract

The resulting contracts will be IDIQ in nature as defined at Subpart 16.602 of the Federal

Acquisition Regulations (FAR) and in Section I, FAR Clause 52.216-1, Contract Type, herein.

Services provided by the Contractor under this requirement shall be secured by the issuance of

FFP or LH level of effort task orders against the respective base contracts.

B.4 Contract Line Item Number (CLIN) Structure

CLIN 001- Support program assessment activities including project evaluation, performance measurement, and evaluation criteria implementation.

CLIN 002- Outreach and Technical Assistance

CLIN 003- Oversight and Compliance Activities

CLIN 004- Special Assignments

CLIN 005 – Other Direct Costs (ODCs) (Travel Only)

CLIN 006 - Other Direct Costs (ODCs) (Miscellaneous ONLY)

B.5 Contract Period of Performance

The contract period of performance is from date of award through a three year period. The FAR clause 52.217-8 “Option to Extend Services” NOV 1999, shall be incorporated into the resulting contracts, as referenced in Section I, in the event the Government requires continued performance of any services with the limits and at the rates specified in the contract beyond the three-year period of performance term.

B.6 Pricing/Labor Rates Table

TBD more at contract award

Estimations for Base Year below:

Option Year 1: 12 months upon expiration of the base year

Option Year One (1) – 12 months

Labor Category Rate Hours Total Price

Senior Industrial Expert 6,298

Program Manager 2,426

Project Manager 9,212

12 months from date of award

Labor Category

Rate

Estimated

Hours

Total Price

Program Manager 2,426

Project Manager 9,212

Technical Expert 10,210

Analyst 12,194

ODCs (TRAVEL ONLY)

$144,850.00

(NTE)

ODCs (Miscellaneous ONLY)

$5,000.00

Sub-Total Labor 40,340

Option Year 2: 12 months upon expiration of Option Year One (1)

RECAP OF PRICING:

Base Period $

Option Period 1 $

Option Period 2 $

TOTAL CONTRACT VALUE, IF ALL OPTIONS EXERCISED: $

*NOTE: The labor categories in the Pricing Template (Attachment J-1) shall be used for the total life of this contract. Each labor category besides the “Program Manager” should be proposed for more than two from the firm to fill it as a full time equivalent. *NOTE: If

Option Year One (2) – 12 months

Labor Category Rate Hours Total Price

Program Manager 2,426

Project Manager 9,212

Technical Expert 10,210

Analyst 12,194

ODCs (TRAVEL ONLY)

$144,850.00

Total 40,340

Technical Expert 10,210

Analyst 12,194

ODCs (TRAVEL ONLY) $144,850.00

Total 40,340 the labor categories for this requirement change but within scope of the base contracts, a modification must be executed to clearly reflect this to ensure clarity concerning the labor categories authorized for use.

This contract will be awarded to the contractor based within the pre-established labor rates as stated using the Contract Line Item Number (CLIN) structure in

(Attachment J-1). More information concerning the specific CLIN descriptions of work can be found in Section C of the RFP as well.

the Pricing Template structure in terms of

End of Section B

SECTION C: DESCRIPTION/SPECIFICATION/STATEMENT OF WORK

Background and Objectives:

21st The passage of the Moving Ahead for Progress in the Century Act (MAP-21) in 2012 has charged FTA with creating a required safety management program for all modes of transit. The

FTA has an existing required rail-safety program and an existing voluntary bus-safety program.

This acquisition seeks to achieve MAP-21 compliance by supporting both of these programs as they exist now, and as they evolve based on new regulations written under MAP-21, with the goal of creating a Transit Safety Outreach and Oversight Program for all modes of public transit.

FTA's State Safety Oversight (SSO) program was created in 1997. Through 49 Code of Federal

Regulations (CFR) Part 659 it requires states with rail fixed guideway systems not regulated by the Federal Railroad Administration to designate State Safety Oversight Agencies to ensure the development of safety and security programs at affected Rail Transit Agencies (RTA).

Starting in 2001, FTA's Office of Safety and Security—now the Office of Transit Safety and

Oversight (TSO)—began coordinating with FTA's Office of Engineering and FTA's Regional

Offices to provide technical assistance to new starts projects and to the State Safety Oversight

(SSO) Agencies who oversaw them. The primary focus was the 659 requirement that SSO

Agencies oversee the safety certification process of new rail projects, including the transit agency’s compliance with the Safety and Security Management Plan (SSMP) requirement found in FTA Circular 5200.1A (chapter II, part 6). This on-site review was called a Safety and

Security Readiness Reviews (SSRR). In 2007 the SSMP was further defined in FTA's Circular

5800.1, which supersedes 5200.1A.

MAP-21 further defined the responsibilities of the SSO Agencies, and provided grant funding for them to achieve compliance with these requirements. FTA anticipates at least one rulemaking during the life of this contract that will supersede Part 659. In the past, the FTA has conducted this review at one Bus Rapid Transit (BRT) start-up, and anticipates expanding the program to include more BRT systems in the future.

The community affected by the State Safety Oversight program currently includes 30 SSO

Agencies and 43 RTAs. It is anticipated that, over the life of this contract, the program will expand to include at least 1 more SSO Agency, and approximately 15 additional RTAs.

The Transit Bus Safety and Security Program were created as a voluntary oversight program that resulted from findings and recommendations in a report by the National Transportation Safety

Board (NTSB): Transit Bus Safety Oversight (NTSB/SIR-98/03). In 2002, FTA established a memorandum of understanding (MOU) with American Public Transportation Association

(APTA), the Community Transit Association of America (CTAA), and the American

Association of State Highway and Transportation Officials (AASHTO) to address NTSB recommendations.

In collaboration with APTA, CTAA, and AASHTO, the Transit Bus Safety and Security

Program promotes comprehensive and effective strategies and methods to improve transit bus safety, security, and emergency preparedness for public transit bus agencies of all sizes, including urban, small urban, rural, tribal, and community transit. Its objectives are to improve safety and security for passengers, employees, and all others who share roadways with public transit buses. The community affected by this program includes the DOT offices of all 50 States as well as Puerto Rico and the District of Columbia, State Transit associations in every State, and approximately 2000 transit bus systems nationwide.

21st Upon the enactment of the Moving Ahead for Progress in the Century (MAP-21) transportation authorization on July 6, 2012, FTA was required to implement strategies and tools to support its oversight of all modes of public transportation safety. This legislation also authorized the FTA to intervene in the operations of public transit systems to conduct

“inspections, investigations, audits, examinations, and testing of the equipment, facilities, rolling stock, and operations.” The FTA has begun developing and conducting reviews based on this authority, and will continue to develop this program over the life of the contract. The FTA is in the process of creating regulations based on MAP-21, and has announced its intention to adopt the principles of Safety Management Systems (SMS) as the regulatory and safety oversight framework for the transit industry.

By combining the SSO and Bus Safety Programs, the FTA is also combining its Outreach and

Safety Compliance and Oversight efforts. While the regulations created under MAP-21 authority will bring required elements to the bus transit industry, this joining of efforts will also allow for improved outreach efforts to all modes of transit, as well as to State governments and to other transit industry stakeholders. These two programs, as they exist, execute a variety of on-site reviews, outreach efforts, and data-collection efforts, with each product targeted to a specific segments of the public transportation industry. As a combined program, these data-collection, outreach, and oversight tools can be applied more broadly and productively across the industry.

SPECIFIC TASKS

CLIN 001: Support program assessment activities including project evaluation, performance measurement, and evaluation criteria implementation.

Under the management of TSO, the contractor will provide support r e g a r d i n g t h e f o l l o w i n g : the prioritization of safety programs and projects, development of performance measures, assessment of implemented programs (safety assurance), collection of successful practices and lessons learned, and preparation of guidance for state safety program improvements.

Task 1.1 – Prioritization reports: Utilizing existing data sources and information collected through other parts of this program, the contractor will provide support regarding the development of a means of prioritizing safety program activities. This could include (but is not limited to) identifying transit systems for intervention, prioritization of required audits, identifying outreach presentation venues, etc. Such reports would be conducted at the direction of, and in collaboration with FTA, and would include, at a minimum, an identified pool of candidates, a document describing the criteria by which candidates are to be ranked, and a final prioritized list with a scale, score or other means to indicate the difference in priority between subjects.

Task 1.2 –Transit Safety Statistics Reports: The contractor will update FTA's Bus and Rail

Safety Statistics Reports. These reports present safety trends for each calendar year, and compare them against previous years. They are, at a minimum, based on National Transit Database (NTD) and—when applicable—SSO Annual Reporting data. Each report will include comprehensive statistical analyses on a wide range of safety performance indicators, as directed by the FTA. Indicators will concern the actual safety performance level that has been achieved and provide a measure of the underlying risk in the industry. Key elements of the statistical analyses may include:

Risk areas which reflect the various sources of risk

Identification of controls in place to address risks

Identification of hazardous events that lead to injuries and/or fatalities

Attempt to differentiate between changes in underlying safety and the chance fluctuations that can occur from year to the next

• Determinations of statistical "significance" where reasonable confidence exists that there has been a real improvement or deterioration The reports will present factors that may influence the future of transit safety, and will report on notable safety-related occurrences for the year.

Task 1.3 – SSO Program Annual Reporting: The contractor would collect and review annual reports submitted by State Safety Oversight Agencies pursuant to requirements found in 49 CFR

Part 659 (and to any subsequent regulation that may supersede Part 659). These reports might be collected via emailed Microsoft (MS) Office Excel spreadsheets, or through a web-based tool.

The contractor shall verify the accuracy of this data, and report the findings of this verification to

FTA. The data itself shall be accessible to FTA via MS Office Excel.

Task 1.4 – Other Data Reports: From time to time it will be necessary to collect and analyze information in a form and for a purpose not otherwise specified in this section—such as to provide context during complaint inquiries, or to solicit opinions from program stakeholders.

These reports will be requested in writing with specific directions by the FTA.

Task 1.5 – MAP-21 Report to Congress: The contractor shall support the FTA in the creation and submission of the annual report to congress required by 49 USC Section 5329(e) (8).

CLIN 002 – Outreach and Technical Assistance

The work required under this Task Area is designed to provide the FTA with a mechanism to continually support and assist in the development as well as implementation of activities to achieve increased safety performance in the rail transit industry. Activities under this Task Area include conducting special studies on current and emerging safety trends; research and evaluations related to and in support of program delivery; issuance of briefing papers, materials and case studies on the state of-the-practice; seminars; technical assistance guidelines; outreach and technical assistance concerning conferences/workshops; symposia; teleconferences; group meetings on special issues; and the preparation of safely bulletins or newsletters.

In order to support the FTA whom has the direction, the Contractor shall provide technical, administrative, and management support to FTA in order to ensure effective and coordinated communications and outreach programs. This task shall be especially important to advance all aspects of the FTA's safety initiatives in various phases of grantee and project management, as well as with stakeholders with US DOT and other Federal Government agencies.

Based on relevant experience with the SSO Program, the Contractor shall demonstrate the means by which it can support FTA's program communication needs. At a minimum, the Contractor shall address the need for internal FTA coordination, communication with external agencies

(e.g., NTSB, Congress), and the management of teleconferences and seminars. In all cases, the

Contractor shall propose the means by which each communication effort shall be documented and presented. This may include the preparation of the content regarding materials that promote the delivery of the program to federal partners, states, oversight and rail transit agencies, and industry associations. The materials could include brochures, nontechnical reports, CD-ROM, and other innovative formats. Topics could relate to aspects of program areas, such as

Congress or Office of the Inspector General inquiries regarding safety program data or status, Part 659 implementation, hazard management, safety and security during pre-revenue and operational phases, safety certification, causal data and mitigation measures for rail transit accidents or hazards, and program performance measures. The materials may also be prepared to promote policy aspects of the program areas. Topics may include New Starts funding, the

FRA's waiver process, NTSB's safety findings, and other emerging industry or state issues.

Additionally, the work in this area may involve assisting the FTA in preparing materials for display at conferences, workshops, and a variety of other venues. Finally, the Contractor may be required to work with FTA partners (some of which have been identified above) to support and coordinate activities.

The State Safety Oversight program has a history of providing effective technical assistance to state oversight agencies and rail transit agencies to support their implementation of quality safety and security programs as required in Part 659. Additionally, FTA expects guidance to be put forth to assist grantees in the ongoing development and implementation of safety and security program initiatives. The Contractor shall be expected to support the development of the following technical assistance tools and materials, with a further expectation that the Contractor shall support the FTA's efforts to deliver the technical assistance as directed. FTA expects that the tasks below shall meet the technical assistance needs of the FTA and the public transportation safety community.

Task Area 2.1 – Seminars and Workshops: Each year, the FTA sponsors workshops and seminars for state government transit offices, public transit agencies, the FTA Regional representatives and other public transit stakeholders. These events provide the opportunity for the FTA to discuss specific issues with the public transit community. Additionally, the FTA has used these events as tools for dissemination of information and training, and for the identification of program priorities and areas of focus.

The task effort shall include, facilitating group discussions and providing technical support as well as assisting with the content for informational packages provided to participants. The contractor shall assist with running of the forum from a technical standpoint not logistics, taking notes when needed if not performed by an FTA BPA logistical support contractor. The contractor shall prepare a summary report for FTA from the technical standpoint if requested.

The work may also include development of content for brochures and informational materials.

Attendance for workshops usually ranges from 50 to 100, and they usually last for 3-5 days.

Attendance at Seminars have been known to range from however, they usually only last for a single day. FTA as few as 20 to as many as 150— anticipates conducting at least two workshops and seminars could be workshops and 5 seminars annually. Venues for both anywhere within the United States or its territories, and materials and content will be approved or provided by the FTA. ** NOTE: Contractors responding to this RFP will not be responsible for locating the actual venues for workshops and seminars nor primarily responsible for arrangement of the logistics at such events. FTA awarded 3 Blanket Purchase Agreements

(BPAs) for such work already so work this work should be performed by the contractors responding to this RFP nor awarded an IDIQ contract resulting from the RFP etc.

Materials for such seminars and workshops will most likely be printed by an FTA BPA logistical support contractor if a large print job and if the respective contractor is providing such logistical support to the seminars and workshops.

Task 2.2 – Other Presentations: In addition to hosting outreach events, the FTA will require the contractor to attend and make presentations at events hosted by other industry stake holders

(MOU partners, State transit organizations, FTA regional workshops, etc.) and via webinar and teleconference. The FTA anticipates between 10 and 15 presentations per year, each being between 1 and 4 hours in duration. As with workshops and seminars, presentations may be located anywhere in the US or its territories, and materials and content will be approved or provided by the FTA.

Task 2.3 – Resource Library: The FTA maintains a resource library on the TSO Safety

Resource Website (www.Safety.FTA.DOT.GOV). It has traditionally been targeted to the Bus

Transit Industry. With the joining of the Bus and SSO programs, the library will need to be expanded to provide resources for all transit industry stakeholders. The contractor will maintain a record of what is contained within the library, and actively seek out reference and resource materials useful to rail transit systems and State DOTs. The contractor will develop a plan for expanding the library—laying out subject areas and types of documents. Even after the work of updating the library is complete, the contractor shall continue to identify resources that are appropriate for inclusion in the library, and periodically remove resources that are outdated or superseded.

Task 2.4 – Outreach Program Materials: The main outreach effort for TSO consists of four main areas: the content our programs, technical guidance, future of our programs (including rulemaking calendar), and SMS awareness and promotion. Based on guidance from the FTA, the contractor will develop presentation materials using MS Office PowerPoint. Materials will be reviewed and approved by the FTA. The contractor will be required to develop materials for workshops, seminars, and presentations. At the direction of the FTA, the contractor may also be required to develop training courses, text and/or video based case-studies, materials to support briefings or meetings, and a variety of other outreach materials.

Task 2.5 – Outreach Coordination: At least quarterly (or more often if required) the contractor will meet with the Outreach Coordinator (or a representative) to discuss outreach planning. As necessary the contractor will update TSO’s Outreach Plan. Outreach coordination exists in several phases, all of which need to be addressed during outreach planning, and the FTA expects the contractor to be well-versed in understanding the complex relationships between all of the different organizations and stakeholders that make up the public transportation safety community. This community includes but is not limited to: Other Federal Agencies such as

FRA, NTSB, and TSA, Other FTA Headquarters offices, FTA regional offices, State DOT grant-making and safety oversight offices, public transit agencies, public transit associations, other industry related organizations and advocacy groups, and all of the various types of contractors that these organizations employ.

Task 2.6 – Technical Guidance and Assistance to the FTA and to the Industry: A significant part of this program is assisting State governments in coming into compliance with

MAP-21. This path to compliance is generally laid out in the Certification Work Plans (CWP).

The FTA anticipates continuing to host a meeting approximately quarterly (or more frequently as required) with each SSO agency, to assess their progress in implementing the CWP and achieving compliance with MAP-21 and its subsequent regulations, as well as other applicable federal requirements (such as Part 659 or its successor), and provide technical assistance to assist them in this effort. The contractor will schedule, host, and facilitate this meeting, and provide the necessary technical and industry expertise to meet the FTA’s goals. The contractor will also document and track each State’s progress as well as periodically brief the FTA on the status of each State.

Beyond the specific requirement of MAP-21 compliance the contractor may be required to provide technical guidance and assistance to State government offices or transit systems in a similar fashion as described above. The contractor will also be expected to provide consultation and guidance to the FTA in its development and planning efforts, and its interactions with other stakeholders and in the interpreting of documents, correspondence, and other records submitted or sent to the FTA.

The contractor, therefore, must have expertise in all areas of transit safety management and oversight, including but not limited to: System Safety; Safety Management Systems; selection, hiring, and training of transit employees and managers; transit vehicle maintenance; maintenance and management of transit assets and infrastructure; personnel and hours of service management;

all aspects of transit operations, and how they relate to safety management; transit accident investigation; security and emergency management response and coordination as it relates to public transit systems; and federal transportation safety regulations.

Task 2.8 Voluntary On-Site Safety and Security Reviews: In the past, the Bus Safety

Program provided voluntary guidance to the bus transit community in the form of on-site safety and security reviews. The FTA anticipates the possibility of expanding this program to other areas of the transit safety community as well. In addition to the existing on-site bus safety review (which could be adapted to other types of organizations), the FTA’s Office of Safety

Review (TSO-10) has developed an SMS Implementation Review, which is also voluntary, and is intended for agencies operating any and all modes of public transit. While the contractor is expected to assist the FTA with prioritizing and/or selecting organizations for review, it is ultimately the purview of the FTA to make the selection and to contact the agency to initiate the review.

On-Site Safety and Security Reviews generally consist of 2-4 personnel on-site for approximately 3-5 days. With SMS implementation, the systems implementation efforts are tracked over a much longer period of time (as much as a year). The review may consist of more than one on-site portion, as well as conference calls and other means of guidance.

CLIN 003 – Oversight and Compliance Activities

TSO’s mission is to assist the transit community in improving their own safety posture. While this is largely done through voluntary guidance and outreach, there are regulations that need to be complied with, and an important part of TSO’s mission is to ensure that compliance. TSO conducts a variety of oversight activities that identify regulatory shortcomings in the transit community. These oversight activities help to identify, to the industry and to the FTA, where they should be targeting their resources towards the improvement of safety management. The contractor will be required to assist in these efforts by reviewing documents, interviewing personnel, inspecting properties and assets, etc. for the purpose of identify evidence of regulatory non-compliance, and detailing this in a final report. It is strictly the purview of the government to review and certify these reports, determining that a violation or other situation of non-compliance did, in fact, occur. The contractor will need to be well-versed in all of the regulatory and other less-than-voluntary requirements relevant to the public transit safety industry. This can include Federal and State regulations, safety advisories, and various types of agency-level policies and programs. The FTA has several existing compliance tools, but with the new authority under MAP-21, and the new regulations it will support, the number, type, scope and subjects of these reviews may change. The contractor will need to conduct reviews at the direction and with the guidance of the FTA, and anticipate that the nature of these reviews could evolve over the duration of this contract.

Task 3.1 – SSO Audits: Under MAP-21, the FTA is required to conduct an audit of each State

Safety Oversight Agency once every three years. This is achieved by scheduling and conducting approximately ten audits every year. The Contractor shall support the FTA's delivery of program support for these audits. The Contractor shall support FTA's prioritization of the scheduled audit candidates and perform activities necessary to notify the identified agencies, conduct pre-onsite review and research activities, conduct the audits and deliver draft and final reports. In addition, the contractor shall complete the audit process by coordinating with the SSO Agency to record and track progress through to completion of corrective actions for any deficiencies, findings or recommendations identified in the report. The Contractor shall also support FTA's development of criteria to evaluate the performance of the audits to identify revisions to the audit process.

Task 3.2 – Capital Projects and Safety Certification: The Contractor shall support the FTA’s efforts to integrate safety and security into the project development phases of New Starts and major extension projects, including inter-agency coordination efforts. This will require the

Contractor to communicate and work collaboratively with various offices within the FTA, and with State government offices and other contractors. Coordination activities may include attendance at FTA meetings and seminars, the development and delivery of presentations, and the identification of strategies to improve the process whereby the FTA promotes greater awareness of safety and security during rail transit project development phases, including the transition into operations. In addition, the Contractor shall support the FTA's efforts to review grantee compliance with FTA Circulars 5200.1A and 5800.1, including the conduct of strategic safety and security readiness reviews of grantees prior to the initiation of passenger operations for the project in question, as well as executing/implementing any additional or revised procedures that TSO or FTA might develop for the certification of Capital Projects. This safety certification review process may include coordination activities with the PMOC, FTA offices, SSO Agency, rail transit agency, TSA, and any other required parties, the identification and review of key program materials, the identification of a work plan to support the review, the conduct of the review and delivery of a report to the grantee, support of meetings or teleconferences held to discuss the pending review and coordination activities necessary to brief key parties, and coordinating with the SSO Agency (or Region Office or PMOC) to record and track progress of corrective actions for any deficiencies, findings or recommendations identified in the report. The Contractor shall also support FTA's development of criteria to evaluate the performance of the audits to identify, if necessary, any further revisions that must be made.

Task 3.3 – Safety Management Examinations and Inspections:

conducting reviews based on MAP-21 authority, and will—over the The FTA has begun life of this contract— continue to develop programs to utilize this authority. Safety Management

Examinations/Inspections, as they have been conducted, are considerably more resource intensive than voluntary on-site reviews. They generally consist of approximately 6-10 individuals on-site for two weeks or more. The FTA anticipates that this tool will evolve, and will require the contractor to assist in this evolution. The contractor is required to assist in the planning for each such review, and might be required to assist in planning/development of various types of reviews under this authority for different purposes.

Task 3.4 – Document and Record Review and Certification: From time to time the FTA may require or request submissions from State governments or transit agencies (through regulations, advisories, or other means both formal and informal). These documents might be in the form of plans, programs, reports, correspondence, or other documents. The contractor will collect these documents, review them to ensure they are in compliance with any applicable requirements, and report this information to the FTA. The contractor may be required to record this information

(for the purposes of certification) in a secure database or some other medium to which only the

FTA has access.

Task 3.5—Transit Agency Oversight Support: Should the FTA assume direct safety management oversight of a transit system, the contractor shall support that oversight effort as necessary. This would include developing and drafting plans such as an oversight plan or inspection plan, arranging and hosting meetings that are not procured via an FTA BPA logistical support contractor, conference calls, conducting research and data analysis, recording and storing data and information, conducting on-sight inspections, and preparing and presenting reports and briefings.

CLIN 004 Special Assignments

The Contractor shall address any problem areas or other areas of concern as determined by the

FTA within scope of the SOW. The Contractor is required to provide all resources necessary to perform all Special Assignments. The Contractor shall support the FTA’s efforts to integrate any

Special Assignments related to safety initiatives. The Contractor shall support the FTA’s development, implementation and monitoring of any Special Assignments as it concerns safety initiatives. The Contractor shall support the FTA’s Office of Transit Safety and Oversight with coordination with offices within the FTA as well as with representatives from other Federal

Agencies in any Special Assignments related to safety initiatives. The contractor may be asked to provide assistance on special assignments in connection with the Transit Safety Outreach and

Oversight program. This may include but is not limited to, technical assistance to the transit safety community as needed yet must be within scope of the SOW.

CLIN 005 – Other Direct Costs (ODCs)---Travel Only

Travel and Per Diem authorized under this task order shall be reimbursed in accordance with the requirements of FAR 31.205-46 entitled "Travel Cost," and with the Government Travel

Regulations (GTR) in effect at the time of travel. Travel by air shall be reimbursed at actual not to exceed coach fare. Travel subsistence reimbursement shall be authorized under the rates and conditions of the Federal Travel Regulations (FTR) in effect at the time of travel throughout the period of performance of this contract. The Government revises the Per Diem rates to reflect changes to these amounts or to the travel regulations.

CLIN 006 - Other Direct Costs (Miscellaneous Only)

The FTA will utilize a separate logistics contractor for certain coordination and support functions related to conferences and workshops to include renting space and equipment and printing materials. However, contractors under this award will from time to time be required to pay entrance fees to conferences hosted by other agencies, print small jobs (such as a single copy of a report or a stack of feedback surveys), or other such incidental direct costs.

These costs will be reimbursed after they have been incurred. The contractor will be required to provide documentation in the form of receipts.

End of Section C

SECTION D: PACKAGING AND MARKING

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

All information submitted to the Contracting Officer and the Contracting Officer's Representative shall be clearly marked with the name of the organization/contractor, the contract, and/or modification number as appropriate and the identification of the submission.

Additional packaging and marking requirements will be specified, as necessary, in individual task orders issued under the resulting contracts.

End of Section D

SECTION E: INSPECTION AND ACCEPTANCE

E.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates the following contract clauses by reference, with the same force and affect as if they were given in full text. Upon request, the Contracting Office will make their full text available. Also the full text of a clause can be accessed electronically at:

http://www.acquisition.gov

52-246-6 INSPECTION-TIME-AND-MATERIAL AND LABOR-HOUR (May 2001)

All pertinent clauses will be incorporated by reference

E.2 Contracting Officer (CO) or Contracting Officer’s Representative (COR) Inspection and Acceptance)

The CO or the COR at DOT, FTA, Washington, DC, will perform final inspection and acceptance of all deliverables 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.

E.3 Government Contract Quality Assurance

The Government intends to do quality assurance to monitor the quality of the contractor’s performance. The oversight provided for in the order and by the Government’s monitoring, will help to ensure that service levels reach and maintain the required levels throughout the contract term. Further, the Government’s quality assurance monitoring will provide the COR with a proactive way to avoid unacceptable or deficient performance, and provides verifiable input for the required Past Performance Information Assessments. Thus, the contractor must ensure that deliverables meet the Government’s acceptance.

E.4 Performance Indicators/Performance Standards

The Contractor shall use electronic means of storage. All grantee response in hardcopy shall be scanned for archiving. The audit team leader is also responsible for uploading all audit notifications, final reports, SAMO database elements, auditee follow-up SAMO responses, continuing concerns letters, and compliance letters in the audit travel site.

The Contractor shall immediately inform the FTA Program Manager and Federal Team Lead, when a grantee is unresponsive or uncooperative to request during any phase of the audit process. Also, the contractor must ensure they document such unresponsive or uncooperative actions for the Government to ensure the Government has a record of such instances.

All Contract personnel attending meetings, answering questions/inquiries, and or working in situations where their contractor status is not obvious to third parties are required to identify themselves as contractors/auditors for FTA, to avoid creating an impression in the minds of the public that they are Government officials. They must also ensure all documents or reports http://www.acquisition.gov/ produced by the contractor on behalf of the FTA are suitably marked as contractor and sent from the Government issued email address.

The Contractor shall copy the FTA Program Manager and Federal representative on all responses to grantees questions/concerns, which occur outside of the normal audit process.

End of Section E

SECTION F: DELIVERIES OR PERFORMANCE

Deliverables Schedule

The Contractor shall meet with FTA at the initial kickoff meeting and subsequent contract administration/program reviews throughout the period of performance to identify the schedule for deliverables identified in the Statement of Work. FTA reserves the right to measure

Contractor performance based on the schedule developed and the quality of the deliverables.

Deliverables will be set forth in individual task orders.

due dates for each respective task order.

Below is a sample of deliverables and

Task Area

Task

Deliverable

Acceptance

Criteria

Delivery Date

CLIN 003:

Oversight

Activities

3.1 SSO

Audits

Work Plan and

Schedule for all

Audits

Microsoft Office

(MS) Word

30 Days after TO

Award

Notification

Package/Document

Request (for each

State)

MS Office Word

60 Days before start of On-Site Activities for each Audit

Checklist

30 Days before start of On-Site Activities for each Audit On-Site Schedule

Two weeks before start of On-Site

Activities for each

Audit Conduct On-Site

Review Nebraska

Conducted in accordance with

FTA Audit

Manual

As stated in Schedule

Conduct On-Site

Review Vermont

Conducted in accordance with

FTA Audit

Manual

As stated in Schedule

Draft Audit Report/

Tracking Matrix

30 Days after completion of On-

Site Activities for each Audit Final Audit Report/

One week after completion of final document review process for each

F.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

F.2-15 Stop-Work Order (AUG1989)

F.2 Place of Performance

At selected FTA grantee facilities.

F.3 Period of Performance

The period of performance is three years (one 12 month base period and two one (1) year option periods, if exercised.)

F.4 Schedule of Work

All assigned work shall be performed in accordance with the work schedule as negotiated for the contract’s statement of work.

F.5 Government Furnished Property, if applicable

F.5.1 Government Issued ID

The contractor shall establish and implement methods of making sure all ID cards issued to the contractor by the Government are not lost or misplaced and are not used by unauthorized persons. The contractor shall develop procedures covering ID control that shall be included in the Quality Control Plan. Such procedures shall include turn-in of any issued ID’s by personnel who are no longer required ID’s. The contractor shall immediately report any occurrences of lost or duplicate ID’s to the COR or the Contracting Officer.

The contractor shall prohibit the use of Government issued ID’s by any persons other than the contractor’s employees assigned under the contract.

F.5.2 Government Issued Federal email accounts

Government Issued Password Protected Account for Transit Safety Outreach and Oversight (Bus

Safety and SSO) program: The contractor will be issued a password protected account to access the Drug and Alcohol Auditors site. The contractor shall develop procedures to secure the issued password. The contractor shall immediately notify the audit site manager, when the password is lost or forgotten, to be issued a new password.

Audit

Updates

To be Determined by

FTA Staff for each

Audit

F.5.3 Other Resource Concerns or Special Conditions, if applicable None

F.5.4 Interim and Post Award Evaluation Contractor Performance

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

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

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

2. b. Electronic Access to Contractor Performance Evaluations and Federal Past

Performance Information Retrieval System (PPIRS) System Effective September 30, 2010 the U.S Department of Transportation will utilize the Department of Defense’s Contractor Performance Assessment Reporting System (CPARS) to record and maintain interim and final past performance information. CPARS will allow contractors to electronically submit comments regarding the Government’s assessment to indicate concurrence or non-concurrence with the overall evaluation. For more information on CPARS, please go to www.cpars.csd.disa.mil.

Also note that CPARS has connectivity with the Federal Past Performance Information Retrieval

System (PPIRS) www.ppirs.gov. PPIRS is the system used to collect and retrieve performance assessments reports from Federal agencies for use in source selection determinations.

Completed CPARS report cards are transferred to PPIRS on a weekly basis and are available for source selection purposes.

End of Section F http://www.cpars.csd.disa.mil/ http://www.ppirs.gov/

SECTION G: CONTRACT ADMINISTRATION DATA

G.1 Contracting Officer (CO) and Contracting Officer’s Representative (COR)

Contracting Officer (CO) Mrs. Stephanie Cooke-Nwadibia

Department of Transportation

Federal Transit Administration

Office of Acquisition Management

1200 New Jersey Ave. S.E.

4th Floor - East Building

Washington, DC 20590

Phone number: 202-366-7072

Email address: Stephanie.Cooke-Nwadibi@dot.gov

Contracting Officer’s Representative (COR)

TBD

Contract Specialist (CS)

Mr. Teddy Cosia

Department of Transportation

Federal Transit Administration

Office of Acquisition Management

1200 New Jersey Ave. S.E.

4th Floor - East Building

Washington, DC 20590

Phone number: 202-366-1073

Email address: Teddy.Cosia.ctr@dot.gov

The Contracting Officer (CO) holds the contractual authority for the resulting contracts. The CO alone, without delegation, is authorized to take actions on behalf of the Government to amend, modify or deviate from the contract terms, conditions, and requirements. The CO may delegate certain other responsibilities to the Contracting Officer’s Representative (COR). The CO is the only individual who can legally commit or obligate the Government or authorize any changes that affect the contract price, delivery schedule, period of performance or other terms and conditions.

In accordance with the Transportation Acquisition Regulation (TAR) 1252.242-73 (b)

Dissemination of Contract Information (See Section I), the Contracting Officer cannot authorize the COR or any other representative to sign documents (i.e.,…