Attachment_2.docx

Synopsis/Solicitation No.: DTMC75-15-R-00006 Attachment (2)

Additional Terms and Conditions

1. PACKAGING AND MARKING

1.1 INCLUSION OF CONTRACT NUMBER ON DOCUMENTATION

The Contractor shall include the Contract No. on all documentation submitted. The Contract No. (to be determined) shall be reflected on the following documentation:

(1) Invoices;

(2) Deliverables listed in Section 4 of the Statement of Work (SOW), and

(3) All correspondence pertaining to the Contract.

A transmittal letter or e-mail message shall be provided to the Contract Specialist advising of submission to the Contracting Officer's Representative (COR) of all deliverables required under the Task Order.

2. INSEPCTION AND ACCEPTANCE

The contractor shall be in compliance with FAR Clause 52.246-4, Inspection of Services—Fixed Price and its QCP when performing all services required under this contract.

3. DELIVERIES OR PERFORMANCE

3.1 F.O.B. DESTINATION

Inspection and/or acceptance of the supplies or services to be furnished under the Contract shall be made at F.O.B. Destination.

3.2 TIME OF DELIVERY

As specified in Section 4 of the Statement of Work (SOW).

4. CONTRACT ADMINISTRATION DATA

4.1 - CORRESPONDENCE ADDRESS

All correspondence except as otherwise specified shall be directed to the Contract Specialist at the following address:

U. S. Department of Transportation Federal Motor Carrier Safety Administration (FMCSA) Attn: Melinda Riddick (W66-448) 1200 New Jersey Avenue, SE Washington, DC 20590-0001 M/F: Contract No.: To Be Determined

4.2 INVOICE INSTRUCTIONS

The Contractor shall submit monthly invoices (original and one copy) in accordance with FAR 52.232-25 - Prompt Payment (Oct 2008), to the following address. The final invoice shall be annotated as “FINAL INVOICE.”

Federal Motor Carrier Safety Administration (FMCSA) Invoice Submission Addresses if sent:

Express Mike Monroney Aeronautical Center (MMAC)

AMZ-150/FMCSA

6500 S. MacArthur Boulevard Oklahoma City, OK 73169 Regular Mail Department of Transportation/Federal Motor Carrier Safety Administration (DOT/FMCSA) Mike Monroney Aero Center, AMZ-150 P.O. Box 26230 Oklahoma City, OK 73125 Facsimile

(405) 954-1786 FMCSA/Attention: Donjete Mullaademi E-Mail 9-AMC-AMZ-FMCSA-Invoices@faa.gov The Contractor shall provide a copy marked “COPY” to the following address:

U.S. Department of Transportation Federal Motor Carrier Safety Administration (FMCSA) Office of Acquisition Management (MC-MBA) Attn: Constance Duncan (W66-494) 1200 New Jersey Avenue, SE (6th Floor) Washington, DC 20590-0001 M/F: Contract No.: To Be Determined 1.) The Contractor shall assure that the invoice includes the following information:

i. Name and address of Contractor as it appears on the contract. If the contract is assigned to a bank, also show “CONTRACT ASSIGNED” below the name and address of the Contractor.

ii. Invoice date and invoice number. (Contractor should date invoice as close as possible to the date of mailing or transmission.) Invoices shall not be dated more than one day prior to submission.

iii. Contract number, and when applicable, the Order number as shown on the award document and/or other authorization for supplies delivered or services performed (including Contract Line Item Number (CLIN)).

iv. Description, quantity, unit of measure, unit price, and extended price for supplies delivered or services performed.

v. The period for which beginning and ending cost incurred.

vi. Shipping and payment terms (e.g., shipment number and date of shipment, discount for prompt payment terms). Bill of lading number and weight of shipment shall be shown for shipments on Government bills of lading.

vii. Name and address of Contractor official to whom payment is to be sent (must be the same as that in the contract or in a proper notice of assignment).

viii. Name (where practicable), title, phone number, fax number and e-mail address of person to notify in the event of a defective invoice.

ix. Taxpayer Identification Number (TIN).

x. Electronic funds transfer (EFT) banking information.

xi. Documentation that shows current cumulative charges and balances by:

a. CLIN number (or labor categories, if not CLIN number), hourly rate, and current amounts.

b. A list of direct supplies, materials, equipment, software, and any other ODCs, with quantity and cost of each item.

c. A receipt shall be provided for each item over $10.00, when reimbursed for official travel.

xii. Travel, including a breakdown of all actual travel and per diem expenses by traveler, by trip. All invoiced travel costs shall be supported by receipt. Nominal charges (under $10) such as tolls, public transportation, and photocopying may be listed instead of providing a receipt. Excessive cost in these areas shall be explained.

xiii. A copy of the boarding stub and invoice to the Contractor from the Credit Card Company or travel agency may document air passage, current amounts and the cumulative costs of all invoices to-date.

xiv. Any Administrative Handling charges shall be shown as a separate line item.

2.) Contractor may show a running balance for each charge item. This information speeds processing time and helps address COR/Customer questions.

3.) Failure to provide the required information shall be cause for rejection of the invoice and will delay payment.

5. SPECIAL CONTRACT REQUIREMENTS

5.1 FMCSA-00002 - OBSERVANCE OF FEDERAL HOLIDAYS AND CLOSURE OF FMCSA FACILITIES

Observance of Federal Holidays and Closure of FMCSA Facilities (a)(1) The Federal Motor Carrier Safety Administration (FMCSA) observes the following as holidays— New Year’s Day Martin Luther King, Jr. Day Washington’s Birthday Memorial Day Independence Day Labor Day Columbus Day Veterans Day Thanksgiving Day Christmas Day Any other day designated by Federal law, Executive Order or Presidential Proclamation.

(2) When any holiday specified in (a)(1) falls on a Saturday, the preceding Friday shall be observed. When any such holiday falls on a Sunday, the following Monday shall be observed.

Observances of such days by Government personnel shall be cause for additional period of performance or adjustment to the price or extension to the delivery schedule or entitlement to compensation except as set forth in the contract.

If the Contractor’s personnel work on a holiday, no form of holiday or other premium compensation will be reimbursed either as a direct or indirect cost, unless authorized pursuant to an overtime clause elsewhere in this contract.

(b)(1) FMCSA may close a FMCSA facility for all or a portion of a business day as a result of—

(A) Granting administrative leave to non-essential FMCSA employees (e.g., unanticipated holiday);

(B) Inclement weather;

(C) Or any other reason.

(2) In such cases, contractor personnel not classified as essential, i.e., not performing critical round-the-clock services or tasks, who are not already on duty at the facility, shall not report to the facility. Such contractor personnel already present shall be dismissed and shall leave the facility.

(3) The contractor agrees to continue to provide sufficient personnel to perform round-the-clock requirements of critical tasks already in operation or scheduled for performance during the period in which FMCSA employees are dismissed, and shall be guided by any specific instructions of the Contracting Officer or his/her duly authorized representative.

(c) When contractor personnel services are not required or provided due to closure of a FMCSA facility as described in this clause, the contractor shall be compensated as follows—

(1) For fixed price contracts, there would be no adjustment in the contractor’s price as listed in the contract.

(2) For cost-reimbursement, time-and-materials and labor-hour type contracts, FMCSA shall not reimburse as direct costs, the costs of salaries or wages of contractor personnel for the period during which such personnel are dismissed from, or do not have access to the facility.

(d) In the event of shut-down due to a furlough of the Government or the Agency, contractor personnel will be dismissed from FMCSA facilities and shall not be reimbursed for any charges, expenses, cost, etc., during the furlough period(s).

This requirement may not apply if the Contracting Officer determines in writing, among other factors, that all or some of the mission-critical tasks must continue or that work may continue at an available off-site location if the work is eligible to be performed off-site per the terms of the contract and there are no additional costs to the Government,

5.2 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.

5.3 DOT HOMELAND SECURITY PRESIDENTIAL DIRECTIVE-12 (HSPD-12) PERSONAL IDENTIFICATION CLAUSE Homeland Security Presidential Directive-12 was issued in response to the general threat of unauthorized persons gaining access to federal facilities and information systems. HSPD-12 requires all Federal agencies to use a common Personal Identity Verification (PIV) standard when identifying and issuing access rights to users of Federally-controlled facilities and/or Federal Information Systems.

To perform the work specified herein, contractor personnel will require access to sensitive data, regular access to DOT-controlled facilities and/or access to DOT information systems. The Government has determined the position risk/sensitivity level under this effort to be high.

Accordingly, before any individual may obtain a DOT identification card (new or replacement) authorizing him/her routine access to DOT facilities, or logical access to DOT’s information systems, the individual must provide two forms of identity source documents in original form. One identity source document must be a valid Federal or state government-issued picture identification card. DOT contractors must contact the DOT servicing security organization to obtain the list of acceptable forms of documentation. Submission of these documents, and related background checks, are mandatory in order for the contractor to receive a building access identification card, and before access will be granted to any of DOT’s information systems. Identification documents must be presented again in order to receive the card after it is manufactured. DOT identification cards are government property and must be returned when access to government facilities or information systems is no longer authorized, e.g., upon termination of employment, upon the contractor’s reassignment of the employee to a non-DOT project, upon termination of the contract, or upon demand by DOT.

The minimum Government investigation for a low risk or non-sensitive position is a National Agency Check and Inquiries (with fingerprinting), which consists of searches of records covering specific areas of a person’s background during the past five years. Those inquiries are sent to current and past employers, schools attended, references, and local law enforcement authorities. Higher level positions, above low risk/non-sensitive, require more extensive documentation and investigation.

Contractors should ensure that the employees whose names they submit have a reasonable chance for access approval. Delays associated with rejections and consequent reinvestigations may not be excusable.

The contractor must comply with all applicable HSPD-12 and PIV procedures as described above, and any subsequent DOT or government-wide HSPD-12 and PIV procedures/policies, including any subsequent related DOT directives and required procedures.

In the event of inconsistencies between this clause and later issued agency or government wide HSPD-12 guidance, the most recently issued guidance shall take precedence, unless otherwise instructed by the Contracting Officer.

The contractor is required to include this clause in any subcontracts that require the subcontractor or subcontractor employee to have routine physical access to DOT space or logical access to a DOT information system.

5.4 NON–DISCLOSURE

Work under this contract may involve access to sensitive information. Therefore, the contractor shall not disclose, orally or in writing, any sensitive information to any person unless authorized in writing by the Contracting Officer. In addition each contract personnel shall be required to sign and return within five days from the date of award a Certificate Non-Disclosure form included as an attachment to the contract.

For those contractor employees authorized access to sensitive information, the contractor shall ensure that these persons receive training concerning the protection and disclosure of sensitive information both during and after contract performance. At a minimum, this training includes the following contractor employee responsibilities, prohibitions and notices:

(1) Contractor employees are responsible for:

a. Abiding by the rules and regulations governing the treatment of National Security Information (NSI) (classified) and/or Sensitive But Unclassified (SBU) information as outlined in Title 28, Code of Federal Regulations.

b. Promptly surrendering all such materials and derived copies, notes, and/or working papers which are in their custody or control upon demand or upon completion or termination of the contract/task order as applicable, whichever comes first.

c. Protecting all passwords issued to them and not disclosing them to anyone without authorization. Passwords must be changed when it is suspected that they may have been compromised.

d. Immediately notifying the appropriate system owner or other designated access control manager when their access to computer systems containing DOT data is no longer required because of transfer, completion of project, retirement, or termination of employment.

e. Protecting sensitive unclassified information from unauthorized access, disclosure, modification, misuse, damage or theft.

f. Immediately notifying the appropriate system owner or other designated access control manager of any security incident or violation.

(2) Contractor employees are prohibited from:

a. Knowingly introducing any malicious code into computer systems containing DOT data or by passing or circumventing security features.

b. Revealing, divulging or publicizing any matters dealt with under this contract.

c. Disseminating any oral or written information obtained as a result of execution of this contract or performance of work hereunder.

d. Removing or transmitting any documents from the place of contract performance, except as approved in advance by the Contracting Officer or Contracting Officer's Technical Representative.

(3) Contractor employees must be notified that Title 18 of the U.S. Code provides criminal penalties including up to $10,000 fine and ten years in jail for the following actions performed during or after the term of the contract:

a. Intentionally accessing a government information system without authorization.

b. Altering, damaging, misusing or destroying information. (This includes taking the information without authorization, although the record or medium is not taken.)

c. Preventing authorized use of a government system.

d. Transferring government information without authorization.

The contractor shall fill out, and cause each of its employees on the contract work to fill out, for submission to the Government, such forms, as may be necessary for security or other reasons, including the conduct of background investigations to determine suitability. Upon request of the Contracting Officer, the contractor's employees shall be fingerprinted, and/or subject to other investigations as required.

The contractor shall include the substance of this clause in all subcontracts at any tier where the subcontractor may have access to Government facilities, sensitive information, and/or resources.

5.5 U.S. DEPARTMENT OF TRANSPORTATION (DOT) CONTRACTOR PERSONNEL SECURITY AND AGENCY ACCESS (NOVEMBER 2011) The following definitions are provided:

· “Agency Access” means access to DOT facilities, sensitive information, information systems or other DOT resources.

· “Applicant” is a contractor employee for whom the contractor submits an application for a DOT identification card.

· “Contractor Employee” means prime contractor and subcontractor employees who require agency access to perform work under a DOT contract.

· “Identification Card” (or “ID card”) means a government issued or accepted identification card such as a Personal Identity Verification (PIV) card, a PIV-Interoperable (PIV-I) card from an authorized PIV-I issuer, or a non-PIV card issued by DOT, or a non-PIV card issued by another Federal agency and approved by DOT. PIV and PIV-I cards have physical and electronic attributes that other (non-PIV) ID cards do not have.

· “Issuing Office” means the DOT entity that issues identification cards to contractor employees.

· “Local Security Servicing Organization” means the DOT entity that provides security services to the DOT organization sponsoring the contract.

Low National Agency Check with Written Inquiries (NACI) Moderate Minimum Background Investigation (MBI)

High Background Investigation Contractor employees may also be required to obtain security clearances (i.e., Confidential, Secret, or Top Secret). National Security work designated “special sensitive,” “critical sensitive,” or “non-critical sensitive” will determine the level of clearance required for contractor employees. Personnel security clearances for national security contracts in DOT will be processed according to the Department of Defense National Industrial Security Program Operating Manual (NISPOM).

2. Pre-screening of Contractor Employees – The contractor must pre-screen individual designated for employment under any DOT contract by verifying minimal suitability requirements to ensure that only quality candidates are considered for contract employment, and to mitigate the burden on the Government of conducting background investigations on objectionable applicants. The contractor must exercise due diligence in pre-screening all employees prior to submission to DOT for agency access. DOT may decline to grant agency access to a contractor employee for reasons including, but not limited to:

a) Conviction of a felony, a crime of violence, or a misdemeanor involving moral turpitude.

b) Falsification of information entered on forms or of other documents submitted.

c) Improper conduct including criminal, infamous, dishonest, immoral, or notoriously disgraceful conduct or other conduct adverse to the Government regardless of whether the conduct is directly related to the contract.

d) Any behavior judged to pose a potential threat to DOT facilities, sensitive information, information systems or other resources.

6. Identification Card Application Process - The COTR will be the DOT ID card Sponsor and point of contact for the contractor’s application for a DOT ID card. The COTR shall review and approve the DOT ID card application before an ID card is issued to the applicant.

An applicant may be issued either a Personal Identity Verification (PIV) card that meets the standards of Homeland Presidential Security Directive (HSPD-12), or an applicant may be issued a non-PIV card. Generally, a non-PIV card will be issued for contracts that expire in six months or less, including option periods. The COTR may request the issuing office to waive the six month eligibility requirement when it is in DOT’s interest for contract performance.

The applicant must complete a DOT on-line application for a PIV card. For a non-PIV card, the applicant must complete and submit a hard copy of Form 1681 to the COTR/Sponsor. Regardless of the type of card to be issued (PIV or non-PIV), the applicant must appear in-person to provide two forms of identity source documents in original form to DOT. The identity source documents must come from the list of acceptable documents included in Form I-9, OMB No. 1115-0136, Employment Eligibility Verification. At least one document must be a valid State or Federal government-issued picture identification. For a PIV card, the applicant may be required to appear in-person a second time for enrollment and activation.

7. Identification Card Custody and Control – The contractor is responsible for the custody and control of all forms of government identification issued by DOT to contractor employees for access to DOT facilities, sensitive information, information systems and other DOT resources. The contractor must immediately notify the COTR or, if the COTR is unavailable, the CO when a contractor employee no longer requires agency access due to transfer, completion of a project, retirement, removal from work on the contract, or termination of employment.

The contractor is responsible for maintaining and safeguarding the DOT ID card upon issuance to the contractor employee. The contractor must ensure that contractor employees comply with DOT requirements concerning the renewal, loss, theft, or damage of an ID card. The contractor must immediately notify the COTR or, if the COTR is unavailable, the CO when an ID card is lost, stolen or damaged.

Failure to comply with the requirements for custody and control of DOT ID cards may result in withholding final payment or contract termination based on the potential for serious harm caused by inappropriate access to DOT facilities, sensitive information, information systems or other DOT resources.

a) Renewal: A contractor employee’s DOT issued ID card is valid for a maximum of three years or until the contract expiration date (including option periods), whichever occurs first. The renewal process should begin six weeks before the PIV card expiration date. If a PIV card is not renewed before it expires, the contractor employee will be required to sign-in daily for facility access and may have limited access to information systems and other resources.

b) Lost/Stolen: Immediately upon detection, the contractor or contractor employee must report a lost or stolen DOT ID card to the COTR, or if the COTR is unavailable, the CO, the issuing office, or the local servicing security organization. The contractor must submit an incident report within 48 hours, through the COTR or, if the COTR is unavailable, the CO, the issuing office, or the local security servicing organization describing the circumstances of the loss or theft. The contractor must also report a lost or stolen PIV card through the DOT on-line registration system. If the loss or theft is reported by the contractor to the local police, a copy of the police report must be provided to the COTR or CO. From the date of notification to DOT, the contractor must wait three days before getting a replacement ID card. During the 3-day wait period, the contractor employee must sign in daily for facility access.

c) Replacement: An ID card will be replaced if it is damaged, contains incorrect data, or is lost or stolen for more than 3 days, provided there is a continuing need for agency access to perform work under the contract.

8. Surrender of ID Cards – Upon notification that routine access to DOT facilities, sensitive information, information systems or other DOT resources is no longer required, the contractor must surrender the DOT issued ID card to the COTR, or if the COTR is unavailable, the CO, the issuing office, or the local security servicing organization in accordance with agency procedures.

9. Use of This Clause - The contractor is required to include these clauses in any subcontracts that require the subcontractor or subcontractor’s employees to have access to DOT

5.6 E.O 13514, FEDERAL LEADER SHIP IN ENVIRONMENTAL, ENERGY AND ECONOMIC PERFORMANCE

The Department of Transportation (DOT) developed a Strategic Sustainability Performance Plan (SSPP) (June 2010) in accordance with directions contained within the above listed Executive Order. The plan is designed to enhance and sustain the DOT mission through cost effective acquisitions that achieve compliance, reduces resource consumption and solid and hazardous waste generation. Green procurement is the purchase of environmentally preferable products and services in accordance with the established Federal “Green” procurement preference program. The SSPP applies to all acquisitions and contracting mechanisms used by Federal agencies including service contracts, leases, purchases made with government purchase and fleet cards and purchases below the micro-purchase threshold.

All FMCSA contractors are required to supply or use products and services that are energy efficient, contain recycled content, or are non-toxic or less toxic alternatives.

5.7 52.232-99 – PROVDING ACCELERATED PAYMENT TO SMALL BUSINESS SUBCONTRACTORS (DEVIATION) (AUG 2012) This clause implements the temporary policy provided by OMB Policy Memorandum M-12-16, Providing Prompt Payments to Small Business Subcontractors, dated July 11, 2012.

1. Upon receipt of accelerated payments from the Government, the contractor is required to make accelerated payments to small business subcontractors to the maximum extent practicable after receipt of a proper invoice and all proper documentation from the small business subcontractor.

1. Include the substance of this clause, including this paragraph (b), in all subcontracts with small business concerns.

1. The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act.

6.0 TRANSPORTATION ACQUISITION REGULATION (TAR) CLAUSES

1252.217-74 – SUBCONTRACTS (OCT 1994)

(a) Nothing contained in the contract shall be construed as creating any contractual relationship between any subcontractor and the Government. The divisions or sections of the specifications are not intended to control the Contractor in dividing the work among subcontractors or to limit the work performed by any trade.

(b) The Contractor shall be responsible to the Government for acts and omissions of its own employees, and of subcontractors and their employees. The Contractor shall also be responsible for the coordination of the work of the trades, subcontractors, and material men.

(c) The Contractor shall, without additional expense to the Government, employ specialty subcontractors where required by the specifications.

(d) The Government or its representatives will not undertake to settle any differences between the Contractor and its subcontractors, or between subcontractors.

1252.223-73 – SEAT BELT USE POLICIES AND PROGRAMS (APR 2005)

In accordance with Executive Order 13043, Increasing Seat Belt Use in the United States, dated April 16, 1997, the Contractor is encouraged to adopt and enforce on-the-job seat belt use policies and programs for its employees when operating company-owned, rented, or personally-owned vehicles. The National Highway Traffic Safety Administration (NHTSA) is responsible for providing leadership and guidance in support of this Presidential initiative. For information on how to implement such a program or for statistics on the potential benefits and cost-savings to your company or organization, please visit the Buckle Up America section of NHTSA’s website at www.nhtsa.dot.gov. Additional resources are available from the Network of Employers for Traffic Safety (NETS), a public-private partnership headquartered in the Washington, D.C. metropolitan area, and dedicated to improving the traffic safety practices of employers and employees. NETS is prepared to help with technical assistance, a simple, user friendly program kit, and an award for achieving the President’s goal of 90 percent seat belt use. NETS can be contacted at 1-888-221-0045 or visit its website at www.trafficsafety.org.

1252.237-70 - QUALIFICATIONS OF CONTRACTOR EMPLOYEES (APR 2005)

a. Definitions. As used in this clause- “Sensitive Information” is any information that, if subject to unauthorized access, modification, loss, or misuse, or is proprietary data, could adversely affect the national interest, the conduct of Federal programs, or the privacy of individuals specified in The Privacy Act, 5 U.S.C. 552a, but has not been specifically authorized under criteria established by an Executive Order or an Act of Congress to be kept secret in the interest of national defense or foreign policy.

b. Work under this contract may involve access to sensitive information which shall not be disclosed, by the Contractor unless authorized in writing by the contracting officer. To protect sensitive information, the Contractor shall provide training to any Contractor employees authorized to access sensitive information, and upon request of the Government, provide information as to an individual’s suitability to have authorization.

c. The Contracting Officer may require dismissal from work those employees deemed incompetent, careless, insubordinate, unsuitable, or otherwise objectionable, or whose continued employment is deemed contrary to the public interest or inconsistent with the best interest of national security.

d. Contractor employees working on this contract must complete such forms, as may be necessary for security or other reasons, including the conduct of background investigations to determine suitability. Completed forms shall be submitted as directed by the Contracting Officer. Upon the Contracting Officer’s request, the Contractor's employees shall be fingerprinted, or subject to other investigations as required.

e. The Contractor shall ensure that contractor employees are:

(1) Citizens of the United States of America or an alien who has been lawfully admitted for permanent residence or employment (indicated by immigration status) as evidenced Bureau of Citizenship and Immigration Services documentation; and

(2) Have background investigations according to DOT Order 1630.2B, Personnel Security Management.

f. The Contractor shall immediately notify the contracting officer when an employee no longer requires access to DOT computer systems due to transfer, completion of a project retirement or termination of employment.

g. The Contractor shall include the substance of this clause in all subcontracts at any tier where the subcontractor may have access to Government facilities, sensitive information, or resources.

1252.237-73 - KEY PERSONNEL (APR 2005)

(a) The personnel as specified below are considered essential to the work being performed under this contract and may, with the consent of the contracting parties, be changed from time to time during the course of the contract by adding or deleting personnel, as appropriate.

(b) Before removing, replacing, or diverting any of the specified individuals, the Contractor shall notify the contracting officer, in writing, before the change becomes effective. The Contractor shall submit information to support the proposed action to enable the contracting officer to evaluate the potential impact of the change on the contract. The Contractor shall not remove or replace personnel under this contract until the Contracting Officer approves the change.

The Key Personnel under this Contract are: (to be specified at the time of contract award)

TAR 1252.242-71 – CONTRACTOR TESTIMONY (OCT 1994)

All requests for the testimony of the Contractor or its employees, and any intention to testify as an expert witness relating to: (a) any work required by, and/or performed under, this contract; or (b) any information provided by any party to assist the Contractor in the performance of this contract, shall be immediately reported to the Contracting Officer. Neither the Contractor nor its employees shall testify on a matter related to work performed or information provided under this contract, either voluntarily or pursuant to a request, in any judicial or administrative proceeding unless approved, in advance, by the Contracting Officer or required by a judge in a final court order.

1252.242-72 – DISSEMINATION OF CONTRACT INFORMATION (OCT 1994)

The Contractor shall not publish, permit to be published, or distribute for public consumption, any information, oral or written, concerning the results or conclusions made pursuant to the performance of this contract, without the prior written consent of the Contracting Officer. Two copies of any material proposed to be published or distributed shall be submitted to the Contracting Officer.

1252.242-73 CONTRACTING OFFICER'S TECHNICAL REPRESENTATIVE (OCT 1994)

(a) The Contracting Officer may designate Government personnel to act as the Contracting Officer's Representative (COTR) to perform functions under the contract such as review and/or inspection and acceptance of supplies, services, including construction, and other functions of a technical nature. The Contracting Officer will provide a written notice of such designation to the Contractor within five working days after contract award or for construction, not less than five working days prior to giving the contractor the notice to proceed. The designation letter will set forth the authorities and limitations of the COTR under the contract.

(b) The Contracting Officer cannot authorize the COR or any other representative to sign documents (i.e., contracts, contract modifications, etc.) that require the signature of the Contracting Officer.

EXECUTIVE ORDER 13513 of October 1, 2009. FEDERAL LEADERSHIP ON REDUCING TEXT MESSAGING WHILE DRIVING –

Section 1.Policy. With nearly 3 million civilian employees, the Federal Government can and should demonstrate leadership in reducing the dangers of text messaging while driving. Recent deadly crashes involving drivers distracted by text messaging while behind the wheel highlight a growing danger on our roads. Text messaging causes drivers to take their eyes off the road and at least one hand off the steering wheel, endangering both themselves and others. Every day, Federal employees drive Government-owned, Government-leased, or Government-rented vehicles (collectively, GOV) or privately-owned vehicles (POV) on official Government business, and some Federal employees use Government-supplied electronic devices to text or e-mail while driving. A Federal Government-wide prohibition on the use of text messaging while driving on official business or while using Government-supplied equipment will help save lives, reduce injuries, and set an example for State and local governments, private employers, and individual drivers. Extending this policy to cover Federal contractors is designed to promote economy and efficiency in Federal procurement. Federal contractors and contractor employees who refrain from the unsafe practice of text messaging while driving in connection with Government business are less likely to experience disruptions to their operations that would adversely impact Federal procurement.Sec. 2.Text Messaging While Driving by Federal Employees. Federal employees shall not engage in text messaging (a) when driving GOV, or when driving POV while on official Government business, or (b) when using electronic equipment supplied by the Government while driving.Sec. 3.Scope of Order. (a) All agencies of the executive branch are directed to take appropriate action within the scope of their existing programs to further the policies of this order and to implement section 2 of this order. This includes, but is not limited to, considering new rules and programs, and reevaluating existing programs to prohibit text messaging while driving, and conducting education, awareness, and other outreach for Federal employees about the safety risks associated with texting while driving.

Code of Federal Regulations / Title 3 - The President / Vol. 1 / 2010-01-01247 These initiatives should encourage voluntary compliance with the agency's text messaging policy while off duty.(b) Within 90 days of the date of this order, each agency is directed, consistent with all applicable laws and regulations: (i) to take appropriate measures to implement this order, (ii) to adopt measures to ensure compliance with section 2 of this order, including through appropriate disciplinary actions, and (iii) to notify the Secretary of Transportation of the measures it undertakes hereunder.(c) Agency heads may exempt from the requirements of this order, in whole or in part, certain employees, devices, or vehicles in their respective agencies that are engaged in or used for protective, law enforcement, or national security responsibilities or on the basis of other emergency conditions.Sec. 4.Text Messaging While Driving by Government Contractors, Subcontractors, and Recipients and Subrecipients. Each Federal agency, in procurement contracts, grants, and cooperative agreements, and other grants to the extent authorized by applicable statutory authority, entered into after the date of this order, shall encourage contractors, subcontractors, and recipients and subrecipients to adopt and enforce policies that ban text messaging while driving company-owned or -rented vehicles or GOV, or while driving POV when on official Government business or when performing any work for or on behalf of the Government. Agencies should also encourage Federal contractors, subcontractors, and grant recipients and subrecipients as described in this section to conduct initiatives of the type described in section 3(a) of this order.Sec. 5.Coordination. The Secretary of Transportation, in consultation with the Administrator of General Services and the Director of the Office of Personnel Management, shall provide leadership and guidance to the heads of executive branch agencies to assist them with any action pursuant to this order.Sec. 6.Definitions.(a) The term “agency” as used in this order means an executive agency, as defined in 5 U.S.C. 105, except for the Government Accountability Office.(b) “Texting” or “Text Messaging” means reading from or entering data into any handheld or other electronic device, including for the purpose of SMS texting, e-mailing, instant messaging, obtaining navigational information, or engaging in any other form of electronic data retrieval or electronic data communication.(c) “Driving” means operating a motor vehicle on an active roadway with the motor running, including while temporarily stationary because of traffic, a traffic light or stop sign, or otherwise. It does not include operating a motor vehicle with or without the motor running when one has pulled over to the side of, or off, an active roadway and has halted in a location where one can safely remain stationary.Sec. 7.General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect or alter:(i) Authority granted by law or Executive Order to an agency, or the head thereof;

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(ii) Powers and duties of the heads of the various departments and agencies pursuant to the Highway Safety Act of 1966, as amended, 23 U.S.C. 402 and 403, section 19 of the Occupational Safety and Health Act of 1970, as amended, 29 U.S.C. 668, sections 7901 and 7902 of title 5, United States Code, or the Federal Property and Administrative Services Act of 1949, as amended, 40 U.S.C. 101 et seq.;(iii) Rights, duties, or procedures under the National Labor Relations Act, 29 U.S.C. 151 et seq.; or(iv) Functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity, by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.BARACK OBAMAThe White House.