MACSAP Variance SOW 060309 _ecm.pdf

Attachment 1 U.S. Department of Transportation Federal Motor Carrier Safety Administration Solicitation No. DTMC75-09-R-00038

Support Services for the Motor Carrier Safety Assistance Program (MCSAP) National Variance Tracking Database

Statement of Work

1.0 1.0 BACKGROUND

The Motor Carrier Safety Assistance Program (MCSAP) is a Federal grant program administered by the Federal Motor Carrier Safety Administration (FMCSA) that provides financial assistance to States, the District of Columbia, and eligible territories to conduct roadside inspections and other enforcement activities designed to improve Commercial Motor Vehicle (CMV) safety. The goal of the MCSAP is to reduce the number and severity of crashes and hazardous materials incidents involving CMVs through uniform, consistent, and effective CMV safety programs. To receive MCSAP funding, a State must submit a Commercial Vehicle Safety Plan (CVSP) that includes, in part, detailed information on how the State proposes to use its MCSAP funds. To participate in the MCSAP, states must satisfy a variety of requirements that are intended to ensure that the States have the resources, legal authority, and commitment to effectively use MCSAP funds to address the commercial motor vehicle safety concerns that exist in the State. These requirements are enumerated in the Code of Federal Regulations (CFR), Title 49, Part 350.

The FMCSA State Programs Division has the primary responsibility of managing and administering the MCSAP in coordination with the FMCSA Service Centers and Division Offices. In this capacity, the FMCSA is responsible for promulgating regulations; developing regulatory guidance, policy, procedures and methodologies; providing direction, resources, and technical expertise; providing training, and reviewing programs to verify compliance with Federal requirements.

2.0 2.0 CONTRACT OBJECTIVES

The principal purpose of this procurement is to obtain contract support to conduct thorough off-site regulatory reviews of all commercial motor vehicle safety regulations in each State, the District of Columbia, Puerto Rico, U.S. Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands to document variations from the Federal Motor Carrier Safety Regulations (FMCSR) and the Federal Hazardous Materials Regulations (HMR).

The objective of the Regulatory Review is to determine if the State laws and regulations are in compliance with the provisions of the Surface Transportation Assistance Act of 1982 and the implementing MCSAP regulations in 49 CFR Part 350 – Commercial Motor Carrier Safety Assistance Program, and to document any variances discovered in each State.

Federal Motor Carrier Safety Administration

3.0 3.0 SCOPE

The principal task of this procurement is the completion of regulatory reviews of State MCSAP safety regulations to document State regulatory variances from Federal requirements. It includes a variety of tangential activities to be conducted in order to prepare for the reviews and report the results of the review. The scope of each regulatory review will be limited to the MCSAP compatibility requirements found in 49 CFR Part 350. The contractor will compare the most current State adoption of commercial vehicle safety laws and regulations to the most recently released version of the FMCSR/HMR for both interstate and intrastate commerce.

Since the inception of the MCSAP National Management and Performance Review Program (MCSAP Review) in 2006, at least 29 States that receive MCSAP funds have already had regulatory reviews conducted. Therefore, under this SOW the contractor is required to complete an initial regulatory review of each participating MCSAP jurisdiction that has not received, nor is scheduled to receive, a regulatory review (at time of award) under the MCSAP Review program within the base period of performance (i.e., one year from date of award). FMCSA will provide to the contractor copies of the results of each State regulatory review already completed during previously-conducted MCSAP Reviews. FMCSA will also provide copies of previously scheduled MCSAP regulatory reviews to the contractor within 30 days of completion under the MCSAP Review program. In order to avoid duplication of effort, no regulatory reviews conducted under this contract are to be completed on a State or territory if that State or territory has already received a regulatory review under the MCSAP Review program. However, in certain instances (i.e., MCSAP reviews conducted more than one year ago), an update of that regulatory review may be required, after consultation with, and approval from, the FMCSA contracting officer’s technical representative (COTR).

With prior approval from the COTR, the contractor may contact a FMCSA Division office or State MCSAP partner to verify or ask questions regarding regulatory review information but the contractor will not ask FMCSA Division offices to collect any substantial information on its behalf for tasks required under this contract.

Task A-CONDUCT OFF-SITE REGULATORY REVIEWS

The contractor shall assemble a review team to complete off-site MCSAP regulatory reviews of States and U.S. territories that participate in the MCSAP utilizing available online or print resources (e.g., Lexis-Nexis, Westlaw, State websites, etc.). The team will be composed of qualified individuals who possess the knowledge and skills necessary to effectively conduct the reviews and meet the objectives of this effort. The contractor shall be responsible for conducting an in-depth, detailed analysis of each States’ CMV safety regulations to document the current variances from existing Federal regulations. Therefore, the contractor support staff must include individuals that have extensive knowledge of the FMCSRs, HMRs, and State CMV safety regulations. Specifically, the regulatory review involves the following metrics:

Federal Motor Carrier Safety Administration

Comparing State commercial vehicle safety laws and regulations with equivalent Federal regulations (FMCSRs and HMRs) as required under MCSAP for both interstate and intrastate commerce.

Documenting State variations from the FMCSRs and HMRs.

Determining the date when State variations, if any, went into effect.

Task B-DEVELOP STATE VARIANCE TRACKING DATABASE

The contractor shall develop an electronic tracking database:

A relational database to record and track all regulatory variances, if any, in each State and U.S. territory that participates in the MCSAP.

The relational database shall contain lists of State variances that will relate these elements and allow for the tracking of these items. For example, regulatory variances will be recorded by State as they are discovered during each States’ review. The database must be able to be sorted by specific section of the FMCSRs and HMRs in addition to being able to be sorted by State.

The Federal Government shall retain full ownership in all tracking systems and databases developed under this contract. The contractor will provide routine updates throughout the performance period as technology changes.

3.1 3.1 Deliverables:

Written items:

a. List of Review Team members – within five days after initial meeting.

b. State Variance Tracking Database - that details each State’s regulatory compliance status. It shall contain findings of all State-specific variances discovered in each State’s laws or regulations as compared with the FMCSRs or HMRs. The variance information provided by FMCSA to the contractor from the previously conducted regulatory reviews is sufficient to allow the contractor to sufficiently perform the work requirements under this SOW.

c. Final Variance Report

The contractor shall provide a draft Report to the COTR within thirty (30) days after completion of all of the reviews of each State and U.S. Territories. The Final Regulatory Review Report will consist of the following elements:

Executive Summary

Federal Motor Carrier Safety Administration

Consolidated findings from the Regulatory Review conducted for each State Detailed Regulatory Review

The contractor shall provide paper and electronic (e.g., MS Word, Excel, Access) copies of each item that shall be 99% free of errors. If separate analytical products are developed, they shall be delivered in MS Excel or Access. All files transmitted via e-mail must not exceed 5 MB per message attachment. Files that are larger than 5MB shall be transmitted via FTP or other method to be determined in consultation with the COTR. The final deliverables shall also be provided on a compact disc(s).

4.0 Key Personnel

The following individuals have been designated as key personnel under the contract:

Program Manager Legal Researcher

In the event that any key personnel become unavailable to continue in the performance of this contract, the appointment of a replacement of equal or higher qualifications shall be subject to the prior written approval of the Contracting Officer.

The Government has the right to request the Contractor for immediate substitution of personnel if the COTR finds that the assigned individual does not perform or produce the expected outputs.

4.1 Labor Categories

Project Manager

Qualifications: Bachelor’s Degree and 10 years of general motor carrier and at least 5 years of state transportation regulations and federal compliance experience.

Description: Strong background in transportation business and management. Serves as the senior director and principal interface between program office and the project.

Possesses in-depth project knowledge of the subject area. Responsible for meeting costs, schedules, and performance objectives. Supervises task personnel, reviews deliverables to make sure that the SOW requirements are adhered to. Oversees project assessments and client feedback. Excellent communicator who demonstrates strong facilitation and cross-functional team skills.

Responsible for handling the day to day management and administration of project tasks.

Develops detailed work plans and schedules in response to support service requests.

Assigns staff responsibilities and supervises all staff efforts. Utilizes, maintains control over, and redirects available resources as necessary to complete tasking in accordance with scheduled milestones and budgetary constraints. Performs quality checks of all

Federal Motor Carrier Safety Administration work products. Interacts continually with government technical representatives to present interim results, discuss concerns, and ensure total product/service satisfaction.

Assists, coordinates with and supports the Program Manager. Stays informed of the day-to-day status of the program, projects, and staff.

Writer

Bachelor’s Degree, Associate Degree with minimum of 3-5 years of writing experience.

Prepares and edits documentation incorporating information provided by specialists and analysts. Duties include the writing, editing, and graphic presentation of technical information for both technical and non-technical personnel. Interprets technical documentation standards and prepares documentation according to defined standards. Is expected to communicate effectively in writing and orally with all levels of technical and management personnel, as required. Maintains version control over documents and supporting graphics. Designs and updates communications programs/plans in support of clients. Supports preparation of various types of publications by integrating original writing with inputs from technical and non-technical professionals. Analyzes industry standards and interprets client requirements for documentation. Researches technical information, and rewrites it for clarity and readability. Proofreads and performs editorial reviews on all forms of technical documentation.

Legal Researcher

Minimum of 1 Year Litigation Support Experience.

Undergraduate Degree

Reference and Research Services, including knowledge of methodologies for identification and use of sources for legal research. Expertise in independent research of legal, legislative, regulatory and enforcement information. Excellent written and oral communication skills. Excellent research and analytical skills. Highly proficient with on-line research tools, such as Westlaw and Lexis. Proficient with computer databases, spreadsheets and word processing. Responsible for legal research and interpretation on Federal and State (motor carrier) regulations, drafting of legal documents and understanding complex legal issues. Knowledge and competency in database management, including systems of national and state statutory and regulatory materials.

Ability to classify materials in a variety of formats so as to be easily identified by and accessible to users. Ability to manage or perform complex or specialized systematic investigative research. Consult prescribed sources of information for facts relating to matters of interest to the program. Reviews documents to extract selected data and information.

4.2 Protection of Information/Privacy Act

Federal Motor Carrier Safety Administration

The Contractor shall be granted access to information protected under the Privacy Act.

The Contractor and its employees shall safeguard this information against unauthorized disclosure or dissemination in accordance with the law and Government policy and regulation. The Contractor shall agree to comply with the Privacy Act of 1974 (the Act) and the agency rules and regulations issued under the Act in the design, development, or operation of any system of records on individuals to accomplish an agency function.

4.3 Intellectual property

All Contractor developed data, software, database, processes and procedures and other forms of intellectual property developed under this contract shall be delivered with unlimited rights. Delivery of data may be required.

All documentation, photography and electronic data and information collected or prepared by the Contractor in the performance of this Contract shall be delivered to the Federal Government with unlimited rights.

4.3.1 Data Rights

The recipient shall make available to the Government copies of all work developed in performance of this contract, including but not limited to software and data. The Government and others acting on its behalf shall have unlimited rights in perpetuity to obtain, reproduce, publish or otherwise use the data developed in the performance of this contract pursuant to 49 CFR Part 19.36. The FMCSA will retain residual and technical rights to all documents, procedures, software and other products developed under this contract.

4.4 Section 508 Compliance

All electronic information technology developed under this contract, including without limitation, a web page site for data information exchange, must be section 508 compliant.

Section 508 of the Rehabilitation Act (29 U.S.C. 794d), as amended, requires that when Federal agencies develop, procure, maintain, or use electronic and information technology, they must ensure that it is accessible to people with disabilities, unless it would pose an undue burden to do so. Federal employees and members of the public who have disabilities must have access to and use of information and services that is comparable to the access and use available to non-disabled Federal employees and members of the public.

FMCSA has determined that the following accessibility standards (36 CFR Part 1194) apply to this procurement under Section 508 of the Rehabilitation Act of 1973.

1194.21 Software Applications and Operating Systems: Provisions 1194.21a through 1194.21l

1194.22 Web-based Intranet and Internet Information and Applications: Provisions 1194.22a through 1194.22p Functional Performance Criteria: 1194.31a through 1194.31f Information, Documentation and Support: 1194.41a through 1194.41c

Federal Motor Carrier Safety Administration

(Attached at Section J)

The contractor shall deliver products and/or services that provide the features described in the above standards, or equivalent salient characteristics. Additionally, the contractor shall provide product support documentation and services (i.e. help desk and training) in alternate formats in order to accommodate end users with disabilities.

Contractor conformance with this requirement is a material term of the contract.

4.5 Project Plan/Kick-off Meeting

The Contractor shall attend a "Kick-Off Meeting" with the COTR no later than 14 days after the date of award. The Contractor shall provide a draft Project Plan at the Kick-Off Meeting for the Government to review and comment. The purpose of the Kick-Off Meeting shall be to discuss technical and contracting objectives of this contract and review the Contractor's draft project plan. The Contractor shall provide a final Project Plan to the COTR not later than 2 months after the contract award.

4.6 Monthly Status Reports

The Contractor shall provide a Monthly Status Report delivered to the COTR electronically by the fifteenth day of each calendar month. The Project Manager shall provide a monthly progress report to the CO and COTR via electronic mail. The report shall include a summary of all Contractor work performed on a task-by-task basis, deliverables completed, an assessment of technical progress, schedule status, any travel anticipated and taken, and any Contractor concerns or recommendations for the previous or upcoming period.

4.7 Progress Meetings

At the COTR's discretion the PM shall meet with the COTR monthly to evaluate the contractor's performance and deliverables. A mutual effort will be made to resolve all problems identified during these meetings. A Contractor's Discrepancy Report (CDR) may dictate more frequent meetings during the performance period.

4.8 Close-out Meeting and Lessons Learned Document

The Contractor shall attend a Close-Out Meeting with the COTR no earlier than 1 month before contract expiration. The purpose of the Close-Out Meeting shall be to discuss lessons learned by the Contractor and by the COTR regarding the Quality Assurance (QA) review of FMCSA field enforcement processes in general. The Contractor shall produce a Lessons Learned Document due by the last day of the contract to cover areas of Future improvement in the Quality Assurance (QA) review process.

Federal Motor Carrier Safety Administration

4.9 Packaging and Marking

All written reports shall be submitted in accordance with Section 3.0.

5.0 Period of Performance

The period of performance of this contract shall consist of a base period of 12 months, with 4 one-year option periods. The Government reserves the right to exercise none, some or all of the option periods at its discretion.

3.0 3.0 SCOPE