STB_Representative_for_Design_and_Construction_16Q00054.pdf

DTOS5916Q00054

STB Representative for Design, Construction and Move to New Leased Office

U.S. Department of Transportation Surface Transportation Board 395 E Street, SW Washington DC 20423

July 22, 2016

Subject: Request for Quotations for the Surface Transportation Board (STB) Representative for Design, Construction, and Move to New Leased Office Space.

Dear Prospective Quoters, The Surface Transportation Board (STB) has a requirement for the subject services.

These services will be performed at sites as designated by STB personnel in collaboration with the General Services Administration Leasing Representative.

The STB anticipates the award of a Labor Hour Contract using the procedures outlined in FAR Part 12- Acquisition of Commercial Items. The resultant award shall be performed between August 11, 2016 to September 30, 2018 (inclusive of base period and optional period) (see chart with labor categories and hours).

Prospective Quoters are asked to review the attached combined Synopsis/Solicitation and submit its quotation in accordance with the instructions provided herein.

Questions pertaining to this solicitation are due on Tuesday, Wednesday July 28 by 5PM EST. Questions received via phone or facsimile will not be accepted. Please submit all questions via email to Contracting Officer, Robin Gates at Robin.Gates@dot.gov and Joseph.Goetz@stb.gov. Please reference “Questions:

Request for Quotation (RFQ) Number #DTOS5916Q00054” in the subject line. Responses to the questions will be provided via a formal amendment to the solicitation.

Proposal submissions are due no later than Friday August 5, 2016 at 10 AM EST via email to Robin.Gates@dot.gov with a copy to Joseph.Goetz@stb.dot.gov .

Please reference: “Quote: RFQ DTOS5916Q00054” in the subject line.

Thanks in advance for your interest in the Surface Transportation Board and its programs.

Sincerely, Robin D. Gates Contracting Officer Office of the Senior Procurement Executive mailto:Robin.Gates@dot.gov mailto:Robin.Gates@dot.gov mailto:Joseph.Goetz@stb.dot.gov

TABLE OF CONTENTS

Combined Synopsis/Solicitation Information Page 3

Contract Pricing Page 3-4

Intro/Background/Tasks/Personnel Reqmts Pages 4-9

Performance Specifications Pages 9-10

Contract Administration Pages 10-11

Contract Clauses Pages 11-19

Instructions to Quoters Pages 19-20

Evaluation Factors for Award Pages 20-22

Assumptions/Conditions Page 22

Solicitation Provisions Incorporated by Reference Page 23

Additional Information Page 23

List of Attachments Page 23

**PLEASE READ THIS NOTICE CAREFULLY AS IT CONSTITUTES THE ONLY NOTICE

THAT WILL BE ISSUED**

This is a COMBINED SYNOPSIS/SOLICITATION for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. Interested parties are responsible for monitoring this site to ensure they have the most current information in reference to this acquisition.

The U.S. Surface Transportation Board (STB) Office of the Managing Director (OMD) is issuing this solicitation, number DTOS5916Q00021, as a Request for Quote (RFQ).

The solicitation document and incorporated provisions and clauses are those in effect through the Federal Acquisition Circular (FAC) 2005-86 effective January 1, 2016. This requirement will be awarded as a commercial item under the procedures outlined in FAR Part 12.

The North American Industrial Classification System (NAICS) code for this procurement is 541310, “Architectural Services" or 541490, “Other Specialized Design Services” with a small business size standard of $7.5 Million. The Product Service Code for this procurement is R413, “Professional Specification Development.”

1. CONTRACT PRICING

This is a Labor Hour Contract with an estimated not to exceed amount of ______________________. Funding in the amount of ____________ is obligated at award.

CLIN Labor Categories Estimated Hours Loaded Fixed Hourly Rate Estimated Extended Price

0001 Program Manager 488

0002 Principal Architect 56

0003 Senior Space Planner 496

0004 Architectual Designer 416

0005 Administrative 176

0006 Not to Exceed Travel Amount $3,000

Total Not to Exceed Amount

Note 1: The Contractor shall not exceed the stated extended price without express written consent from the Contracting Officer.

Note 2: Please note that the hours for CLINs 0001 to 0005 can be used interchangeably as long as the negotiated amount is not exceeded.

Note 3: The Government reserves the right to incorporate an “Optional Task” to be priced after award. The exact scope will be further defined as the need arises. The anticipated period of performance would be 10/1/2017 to 9/30/2018, if incorporated, funded and exercised.

2. INTRODUCTION/BACKGROUND/ TASKS TO BE PERFORMED

2.1 INTRODUCTION

The Surface Transportation Board (as referred to as the Board or STB) has the need the services of a qualified architectural, space planning and move consultant. The STB requires the advice, counsel and expertise of a consulting firm with experience in representing a federal agency as a tenant during the design, construction and move phases of relocating to new leased office space secured through a General Services Administration lease with private sector building owner.

The Board is currently working with the General Services Administration (GSA) for a succeeding lease in a smaller footprint at the STB’s current office building at:

395 E Street SW Washington DC

Or at another location within the District of Columbia area. STB requires the assistance of a Contractor experienced in government space utilization and allocation, GSA leasing and construction and office relocation planning and execution for Government agencies to advise and assist the STB during the design, construction and move phases of their upcoming office relocation.

2.1 BACKGROUND

The STB was established on January 1, 1996 as an independent, bipartisan, adjudicatory body organizationally housed within the U.S. Department of Transportation (DOT), with jurisdiction over certain surface transportation economic regulatory matters.

In December 2015, the Surface Transportation Board Reauthorization act was passed making the STB independent from DOT.

STB Office Space Information. The STB currently occupies approximately 73,889 rentable square feet of office space in the Patriot’s Plaza building at 395 E Street SW in Washington DC.

The current lease for STB’s offices, which was negotiated by GSA, expires on February 22, 2017.

The succeeding lease will be for a total of 57,518 ABOA usable square feet or 66,145 rentable square feet.

2.2 TASKS TO BE PERFORMED

Under this effort, the Contractor shall perform the following:

TASK 2.2.1 - PREPARE FOR AND ATTEND THE DESIGN PHASE KICKOFF MEETINGS

Within 5 days after award, the Contractor shall provide qualified architect and space planners to conduct an internal kick-off meeting with STB personnel to identify the critical requirements in the latest Program of Requirements (POR) and technical specifications for the STB leased space and determine the plan for working with GSA, the landlord and the landlord’s architect for achieving an efficient and cost effective plan that supports the Board’s mission business practices.

The Contractor will also attend the kickoff meeting for the design of the STB leased premises with GSA, the landlord and the landlord’s architect to establish the Contractor as a valued member of the design review team to ensure that the Board’s requirements are met in the final design.

TASK 2.2.2 - PREPARE SPACE PLANNING AND DESIGN INTENT DRAWINGS FOR STB

BASED ON POR AND SELECTED SITE FOR STB HEADQUARTERS

The Contractor shall prepare preliminary space planning and design intent drawings for the new STB space based on the POR and site selected by GSA/STB for the succeeding lease. In addition, the Contractor shall provide a quality control review of all Landlord’s architect’s test fits, final construction documents package and furniture installation documents.

TASK 2.2.3 - ATTEND WEEKLY DESIGN REVIEW MEETINGS AS STB

REPRESENTATIVE

The Contractor shall attend weekly design review meetings with STB, GSA, Landlord and Landlord’s architect to ensure the design prepared by the Landlord’s architect for the STB space meets the requirements of the POR and the technical specifications as well as the space planning and design intent drawings prepared in Task 2.2.2.

The Contractor shall prepare a weekly design status report for STB summarizing the weekly design review meeting as well as any action or input required from the STB and any design discrepancies noted during the weekly design review meetings. STB anticipates design review meetings and weekly design status reports will be completed for approximately 20 weeks during the design phase of the project. During the weekly design review meetings, the Contractor shall assist the STB with color selection from the Landlord’s proposed palette.

TASK 2.2.4 - DESIGN REVIEW REPORT

At substantial completion (95%) of the design by the Landlord’s architect, the Contractor shall provide a written report for the STB describing any aspects of the 95% design submittal that does not conform to the POR, technical specifications or space planning and design intent drawings as well as a summary of office and support space for each of the STB Board Members and their staffs and each STB Office Directorate.

TASK 2.2.5 - CONSTRUCTION PHASE KICK-OFF MEETING

The Contractor shall attend the construction kickoff meeting with representatives from STB, GSA, Landlord, Landlord’s architect and Landlord’s construction contractor to ensure all parties understand and comply with the approved construction drawings, technical specifications, and POR.

TASK 2.3.6 - ATTEND WEEKLY CONSTRUCTION STATUS MEETINGS

The Contractor shall attend weekly construction status meetings with STB, GSA, Landlord, Landlord’s architect and Landlord’s construction contractor to ensure construction complies with approved construction drawings, technical specifications and POR.

The Contractor shall prepare a weekly status report for STB summarizing the weekly construction status meeting including any issues that require STB input or action and any construction discrepancies noted during the weekly meeting. STB anticipates weekly construction status meetings and weekly construction status reports will be prepared for approximately 20 weeks during the construction phase of the project.

During the weekly construction meetings, the Contractor shall conduct quality control reviews of construction submittals from the general contractor, Landlord’s architect’s changes in the field, and construction Requests for Information (RFI) submitted for response by the STB.

TASK 2.2.7 - PREPARE CONSTRUCTION COMPLETION REPORT

At substantial completion (95%) of the construction the consultant will prepare a written report for the STB describing any aspects of the construction that does not conform to the construction drawings, technical specifications or POR.

TASK 2.2.8 - PUNCH LIST INSPECTION AND RELEASE

The Contractor shall attend the Punch List Inspection at substantial completion of construction and will document and monitor the completion of all punch list items identified by the Landlord, GSA, STB or their architects. At the completion of construction on punch list items, the Contractor provides the STB with the Contractor’s agreement that the punch list has been adequately addressed for release.

TASK 2.2.9 - MOVE COORDINATION AND EXECUTION SERVICES

Under this task, the Contractor shall:

MOVE COORDINATION

1. Assist STB with the selection of a move contractor.

2. Conduct pre-move walk through of new site with move supervisor.

3. Develop and implement a tagging system to track all items being relocated.

4. Develop and implement a file tagging system.

5. Meet with building management, facilities, security and IT personnel to review relocation schedules.

6. Acquire the Certificate of Insurance from the move company.

7. Develop building protection plans for both the origin and destination sites.

8. Conduct training sessions with staff to prepare them for the physical move.

9. Attend project meetings as required.

RELOCATION OVERSIGHT

1. Monitor all activities performed by the mover.

2. Provide an on-site move supervisor at both the origin and destination sites.

3. Ensure all locations have appropriate building protection installed.

4. Verify that all boxes and equipment were delivered to the appropriate location.

POST MOVE OVERSIGHT

1. Oversee the unpacking of the files.

2. Assemble a post move punch list.

3. Oversee and track move related punch list items until resolved.

4. Ensure all building protection and empty boxes are removed from the site.

5. Conduct post move walkthrough and punch list of decommissioned space.

2.3 PERSONNEL REQUIREMENTS

The Contractor shall provide the following:

Functional Expertise Required:

o Architecture design and analysis o Interior design o Space utilization and management o Work flow analysis o Federal government space acquisition planning and execution o Familiarity with GSA lease process o Experience with estimating interior construction, move and replication costs o Intimate familiarity with the STB’s POR.

Qualified personnel are essential to the performance of this contract. With respect to other personnel involved, the contractor shall assign only competent personnel for performance of the engagement. Competent personnel means those individuals possessing the education, skills, and experience necessary to provide architectural design, space planning, construction administration and office move consulting services which conform with requirements of the most recent Program of Requirements for the STB space.

3. DELIVERABLES

The Contractor shall deliver one electronic copy and two hard copies of all documents described in the Tasks. Specifically the following deliverables:

TASK 2.2.2 DELIVERABLES

A set of design drawings at appropriate scale and detail showing how the 57,518 ABOA usable square feet of space will be arrayed in the building on one or several floors. These design plans will not show mechanical, electrical or structural details, but will show proposed office layouts with nominal partition locations, hallway and circulation space, as well as common areas and special space as described in the Program of Requirements including but not limited to libraries, file rooms, server room, mail room, conference rooms, pantries, break rooms, fitness center and hearing room.

TASK 2.2.3 DELIVERABLES

Weekly Design Status Reports will include date and attendees at the weekly design review meetings, issues discussed during the design meeting and any assignments during the meeting that require a response from or to the STB. Also the report will include a summary of the actual percent completion of the design as compared to the scheduled completion percentage as of the date of the meeting and any measures to be taken by the architect of record to expedite the design to meet the scheduled completion date.

TASK 2.2.4 DELIVERABLES

At substantial completion of the design for the STB space, the consultant will prepare a design review report which describes any and all aspects of the design that are not in compliance with the Program of Requirements or the technical specifications.

In addition, the Contractor shall include a table that shows the proposed usable square footage for each office and shared space of the STB as documented in the Housing Plan, Section 7 of the POR and the actual usable square footage included in the design for each office and shared space of the STB.

TASK 2.2.6 DELIVERABLES

Weekly Construction Status Reports shall include date and attendees at the weekly construction review meetings, issues discussed during the construction review meeting and any taskers or assignments during the meeting that require a response from or to the STB. Also the report shall include a summary of the actual percent completion of the construction as compared to the scheduled completion percentage as of the date of the meeting and any measures to be taken by the general contractor to expedite the construction to meet the scheduled completion date. The weekly report shall also include a log of the results of quality control reviews of construction submittals from the general Contractor, Landlord’s architect’s changes in the field, and construction Requests for Information (RFI) submitted for response by the STB.

TASK 2.2.7 DELIVERABLES

At substantial completion of the construction for the STB space, the Contractor shall prepare a construction review report which describes any and all aspects of the constructed facilities that are not in compliance with the Program of Requirements or the technical specifications. In addition, the Contractor shall include a table that shows the proposed usable square footage for each office and shared space of the STB as documented in the Housing Plan, Section 7 of the POR and the actual usable square footage constructed for each office and shared space of the

STB.

TASK 2.2.8 DELIVERABLES

The Contractor shall provide a punch list inspection report that describes any defect or omission in the finished construction that does not comply with the approved plans, specification or workmanship. Once the punch list items have been adequately addressed by the construction contractor, the consultant will provide the STB with a report indicating that all punch list items have been adequately addressed and the project is acceptable.

4.0 PERFORMANCE SPECIFICATIONS

4.1 PERIOD OF PERFORMANCE

The period of performance will take place from date of award to September 30, 2017.

The optional task shall be exercised at the Government’s discretion and as authorized by FAR Subpart 17.2. The optional task will only be granted upon a favorable review of the Contractor’s performance and validation of continued need and available budget.

Period Date

Base Period Date of award through 9/30/2017

Optional Task To be determined

4.2 PLACE OF PERFORMANCE

The location of performance will be at the site selected by GSA/STB responsive to the SFO, within the Central Employment Area of Washington DC which is yet to be determined.

4.3 OPERATIONS DURING GOVERNMENT HOLIDAYS

All Government offices are closed, except for minimum essential personnel required for in-house operations, during Federal holidays. Except as otherwise specified, the Contractor shall not schedule routine work on Federal holidays. When such holidays fall on a Saturday, the preceding Friday will be considered a holiday. When such holidays fall on a Sunday, the succeeding Monday will be considered a holiday. The ten Federal holidays per year are as follows:

New Year’s Day 1st Day of January

Martin Luther King, Jr. Birthday 3rd Monday of January

President’s Day 3rd Monday of February

Memorial Day Last Monday of May

Independence Day 4th day of July

Labor Day First Monday of September

Columbus Day Second Monday of October

Veteran’s Day 11th day of November

Thanksgiving Day Fourth Thursday of November

Christmas Day 25th day of December

5. CONTRACT ADMINISTRATION

5.1 CONTRACTING OFFICER

The CO is the only individual who can legally commit or obligate the Government for the expenditure of public funds. Only the contracting officer has authority to: (1) increase or decrease the award amount; (2) direct or negotiate any changes; (3) modify or extend the period of performance; (4) change the schedule of completion; (5) authorize payment under this order;

(6) otherwise modify any terms or conditions of this Contract.

Contracting Officer Robin D. Gates 202-366-1408 202-366-9848 Fax Robin.Gates@dot.gov

5.2 CONTRACTING OFFICER REPRESENTATIVE

The COR has the responsibility to inspect all deliverables and services and authorization to certify (but not to reject or deny) invoices for payment. The authority to reject an invoice or assess deductions on an invoice is expressly reserved for the CO. The technical administration of this contract shall not be construed to authorize the revision of the terms and conditions of this contract. Any such revision shall be authorized in writing by the CO.

The following individual is: To be filled in upon award

5.3 CONTRACTOR POINT OF CONTACT

To be filled in upon award

5.4 PAYMENT

The vendor shall be paid in accordance with FAR 52.212-4 (i).

5.5 SUBMISSION OF INVOICES

The Contractor will provide electronic invoices to TBD.

Attn: TBD Surface Transportation Board Section of Financial Services 395 E. Street, NW Suite 1160 Washington, DC 20423

Proper invoices shall be submitted including information required by FAR 52.232-25, Prompt Payment, including the following:

(1) Contractor Name, Address, Phone

(2) Contract Number

(3) Invoice Number

(4) Payment Terms

(5) Period of Performance being billed (e.g., Oct 1 - 31, 2016)

(6) Applicable Contract Line Item

(7) Description of Supplies/Services

(8) Total Invoice Amount

(9) Contractor POC for billing questions

6. FAR 52.212-4 Contract Terms and Conditions – Commercial Items (May 2015)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights-

(1) Within a reasonable time after the defect was discovered or should have been discovered;

and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include-

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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(iii) Contract number, contract line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer-System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR Part 1315.

(i) Payment.-

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR Part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall-

a) (i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the-

b) (A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

c) (B) Affected contract number and delivery order number, if applicable;

d) (C) Affected contract line item or subline item, if applicable; and

e) (D) Contractor point of contact.

f) (ii) Provide a copy of the remittance and supporting documentation to the Contracting

Officer.

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(6) Interest.

g) (i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109 , which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

h) (ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

i) (iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if-

j) (A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

k) (B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

l) (C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

m) (iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

n) (v) Amounts shall be due at the earliest of the following dates:

o) (A) The date fixed under this contract.

p) (B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

q) (vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on-

r) (A) The date on which the designated office receives payment from the Contractor;

s) (B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

t) (C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

u) (vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

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(l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C.

2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

http://uscode.house.gov/ http://uscode.house.gov/ http://uscode.house.gov/ http://uscode.house.gov/ http://uscode.house.gov/ http://uscode.house.gov/ http://uscode.house.gov/ http://uscode.house.gov/ http://uscode.house.gov/ http://uscode.house.gov/

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) System for Award Management (SAM).

(1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government’s reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(2)(i) If a Contractor has legally changed its business name, “doing business as” name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in FAR Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day’s written notification of its intention to (A) change the name in the SAM database; (B) comply with the requirements of Subpart 42.12; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

a) (ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract.

(3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the SAM database. Information provided to the Contractor’s SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the “Suspension of payment” paragraph of the EFT clause of this contract.

(4) Quoters and Contractors may obtain information on registration and annual confirmation requirements via SAM accessed throughhttps://www.acquisition.gov.

https://www.acquisition.gov/sites/default/files/current/far/html/52_212_213.html#wp1203358 https://www.acquisition.gov/sites/default/files/current/far/html/FormsStandard67.html#wp1189284 https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2042_12.html#wp1084217 https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2042_12.html#wp1084217 https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2032_8.html#wp1029202 https://www.acquisition.gov/

(u) Unauthorized Obligations

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of Clause)

7. FAR 52.233-2 SERVICE OF PROTEST (SEP 2006)

Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer at the address below:

U.S. Department of Transportation/OST Office of Senior Procurement Executive

Attn: Robin Gates, Contracting Officer 1200 New Jersey Avenue

W83-482, Southeast Washington, DC 20590

Acknowledgement of receipt is confirmed by obtaining a written and dated document from Robin Gates, Contracting Officer.

8. FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

Also, the full text of a clause may be accessed electronically at this address:

https://www.acquisition.gov/far/.

52.202-1 Definitions Nov 2013

52.203-5 Covenant Against Contingent Fees May 2014

52.203-7 Anti-Kickback Procedures May 2014

52.212-3 Quoter Representations and Certifications –

Commercial Items * see Note Nov 2015

52.212-4 Contract Terms and Conditions –

Commercial Items May 2015

52.216-24 Limitation of Government Liability Apr 1984

52.216-25 Contract Definitization Oct 2010

52.225-25 Prohibition on Contracting with Entities Engaging in Sanctioned Activities Relating to Iran—

Representation and Certification Oct 2015

52.232-1 Payments Apr 1984

52.232-18 Availability of Funds Apr 1984

52.232-33 Payment by Electronic Funds Transfer—

System for Award Management Jul 2013

52.232-39 Unenforceability of Unauthorized Obligations Jun 2013

52.232-40 Providing Accelerated Payments to Small Business Dec 2013

52.233-1 Disputes May 2014

52.243-2 Changes- Fixed- Price Aug 1987

52.244-6 Subcontracts for Commercial Items Dec 2015

Please note:

*All Quoters and prospective contractors must be registered in the System for Award Management (SAM) with their Online Representations and Certifications Applications (ORCA) at https://www.sam.gov/portal/public/SAM/or must provide a completed copy of 52.212-3 with their quotation.

9. FAR CLAUSES IN FULL TEXT

9.1 FAR 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder https://www.acquisition.gov/far/ https://www.sam.gov/portal/public/SAM/ shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor prior to the expiration of the current performance period.

(End of Clause)

9.2 FAR 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor prior to the expiration of the current performance period; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, but excluding the exercise of any option under the clause 52.217-8, Option to Extend Services, which is incorporated into this contract in full text.

(End of clause)

10. INTRUCTIONS TO QUOTERS

10.1 FAR 52.212-1 Instructions to Quoters - Commercial Items (Oct 2015), applies to this acquisition.

The Technical and Price Proposals shall be submitted in two separate volumes. Offers must include the following information on the cover page of each volume:

1. RFQ Number and Project Title

2. Quoter’s Point of contact for this project including name, title, address, phone number, and email address

3. Tax Identification Number (TIN)

4. Dun & Bradstreet,/Data Universal Numbering System (DUNS)

5. North American Industrial Classification System (NAICS) Code: 531390

6. Product Service Code (PSC): R411

7. The validity period of the quote [Quoter's quote(s) must be valid for at least 90 calendar days

8. Provide an acknowledgement of all RFQ amendments, if any (may be included in the cover letter). The acknowledgement must reference the amendment numbers."

9. The Quoter must submit with their quotation a completed Representations and

Certifications - Commercial Items (FAR 52.212-3) form. If the Quoter's Representations and Certifications are registered in the ORCA website (Now SAMs website https://www.sam.gov/portal/public/SAM/), it must be indicated in the offer.

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

10. The offer shall also indicate a statement that the ORCA record has been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation.

10.2 BASIS FOR AWARD

This acquisition will be awarded in accordance with FAR Part 12 – Acquisition of Commercial Items. The Government intends to evaluate proposals and award a contract based on the best value trade-off to the highest technically acceptable Quoter, in accordance with FAR 52.212-1(g).

The Government reserves the right to require the Quoter to submit additional information as necessary to support a pre-award determination of responsibility.

10.3 QUOTATION CONTENTS

The following information should be included in the TECHNICAL VOLUME:

The Quoter shall demonstrate its ability to meet the criteria outlined in Section 10.4 below.

Each Quoter shall complete and submit Attachment 3, Information Regarding Responsibility Matters as part of its submission.

The following information should be included in the PRICE VOLUME (see Section 10.5 below):

The price proposal should be structured to include:

1. Summary of Pricing for each task; and

2. Attachment 3, Information Regarding Responsibility Matters.

10.4 FAR 52.212-2 EVALUATION-COMMERCIAL ITEMS (OCT 2014)

(a) The Government will award a contract resulting from this solicitation to the responsible Quoter whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

1. Personnel Requirements;

2. Corporate Experience and Past Performance; and

3. Price

Personnel Requirements and Corporate Experience, when combined, are more important when compared to price.

The Government will evaluate the Quoter’s technical acceptability is based on the ability to meet the following criteria:

Evaluation Criteria for STB Representative for Design, Construction and Move

1. Experience providing tenant representation during design phase of GSA leasing action in private sector building for the Surface Transportation Board or other small (less than 500 FTE) federal agencies in the past 10 years;

a. Blue (Exceptional)- Quoter has experience representing the STB during design phase of GSA leasing action in private sector building in the past 10 years;

b. Green (Good)- Quoter has experience representing other small federal agency during design phase of GSA leasing action in private sector building in the past 10 years;

c. Yellow (Acceptable)- Quoter has experience representing large federal agency during design phase of GSA leasing action in private sector building during last 10 years; and

d. Red (Unacceptable)- Quoter has no experience providing tenant representation during design phase of GSA leasing action in private sector building.

2. Experience providing tenant representation during construction phase of GSA leasing action in private sector building for Surface Transportation Board or other small (less than 500 FTE) federal agencies in the past 10 years;

a. Blue- Quoter has experience representing the STB during construction phase of GSA leasing action in private sector building in the past 10 years;

b. Green- Quoter has experience representing other small federal agency during construction phase of GSA leasing action in private sector building in the past 10 years;

c. Yellow- Quoter has experience representing large federal agency during construction phase of GSA leasing action in private sector building during last 10 years; and

d. Red- Quoter has no experience providing tenant representation during construction phase of GSA leasing action in private sector building

3. Experience providing tenant representation during move phase of GSA leasing action in private sector building for Surface Transportation Board or other small (less than 500 FTE) federal agencies in the past 10 years;

a. Blue- Quoter has experience representing the STB during move phase of GSA leasing action in private sector building in the past 10 years;

b. Green- Quoter has experience representing other small federal agency during move phase of GSA leasing action in private sector building in the past 10 years;

c. Yellow- Quoter has experience representing large federal agency during move phase of GSA leasing action in private sector building during last 10 years; and

d. Red- Quoter has no experience providing tenant representation during move phase of GSA…