RFP -- DTPH56-11-R-000001 ----- Amendment 2.pdf

(x)

DTPH56-11-R-000001

x x copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted; or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGEMENT TO BE RECEIVED AT

THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

x

Washington DC 20590-0001

PHA-30

E22-228 1200 New Jersey Avenue, SE

US DOT/PHMSA/PHA-30

Office of Contracts and Procurement

Washington DC 20590-0001

PHA-30

E22-228 1200 New Jersey Avenue, SE

US DOT/PHMSA/PHA-30

Office of Contracts and Procurement

DTPH5611R00000103/09/2011000002

13. THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTS/ORDERS. IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

12. ACCOUNTING AND APPROPRIATION DATA (If required) is not extended.is extended, Items 8 and 15, and returning

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods: (a) By completing

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

FACILITY CODE CODE

10B. DATED (SEE ITEM 13)

10A. MODIFICATION OF CONTRACT/ORDER NO.

9B. DATED (SEE ITEM 11)

9A. AMENDMENT OF SOLICITATION NO.

CODE

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code)

7. ADMINISTERED BY (If other than Item 6)CODE 6. ISSUED BY

PAGE OF PAGES

4. REQUISITION/PURCHASE REQ. NO.3. EFFECTIVE DATE2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO. (If applicable)

1. CONTRACT ID CODE

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

01/25/2011

CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority) appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

E. IMPORTANT: Contractor is not, is required to sign this document and return __________________ copies to the issuing office.

ORDER NO. IN ITEM 10A.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

Modification #0002 to RFP# DTPH56-11-R-000001 is to ammend revisions to the following

Federal Acquisition Regulation (FAR) Clauses:

- Clause 52.204-9 in Sections H3.3 (page H-4), and I.2 (page I-10);

- Clause 52.209-7 in Section K.1 (page K.3);

- Clause 52.209-8 in Section I.1 (page I-1);

- Clause 52.212-3 in Section K.1 (page K-4);

- Clause 52.212-5 in Section I.2 (pages I-2 to I-6); and

- Clause 52.219-25 in Section I.1 (page I-3)

(See attached revised Sections H, I, and K).

Continued ...

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)15A. NAME AND TITLE OF SIGNER (Type or print)

15C. DATE SIGNED 16B. UNITED STATES OF AMERICA 15B. CONTRACTOR/OFFEROR 16C. DATE SIGNED

(Signature of person authorized to sign) (Signature of Contracting Officer)

WARREN OSTERBERG

STANDARD FORM 30 (REV. 10-83)

Prescribed by GSA

FAR (48 CFR) 53.243

NSN 7540-01-152-8070

Previous edition unusable

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

2 42

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

DTPH56-11-R-000001/000002

Except as modified herein, all other agreement terms and conditions remain unchanged and in full force and effect.

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration (PHMSA) Section H

RFP: DTPH56-11-R-000001 H-1

SPECIAL H—SPECIAL CONTRACT REQUIREMENTS

H.1 TECHNICAL DIRECTION

(A) The COTR designated on each task order may provide written technical direction to the Contractor concerning the work performed under the contract. Technical direction is limited to direction to the Contractor that fills in details or otherwise completes the general description of the work set forth in the contract. Technical direction includes:

(1) Directions to the Contractor that suggest pursuit of certain lines of inquiry, shift work emphasis, fill in details or otherwise serve to accomplish the contractual statement of work.

(2) Guidelines to the Contractor that help interpret technical portions of work descriptions.

(B) Technical direction must be within the general scope of work stated in the contract. Technical direction may not be used to:

(1) Assign additional work under the contract.

(2) Direct a change as defined in the “CHANGES” clause of the contract.

(3) Increase or decrease the contract price or estimated contract amount (including fee), as applicable, the direct labor hours, or time required for contract performance.

(4) Change any of the terms, conditions or specifications of the contract.

(5) Interfere with the Contractor’s rights to perform the terms and conditions of the contract.

(C) All technical direction has to be in writing (or via e-mail) by the applicable COTR.

(D) If the Contractor believes any technical direction calls for effort outside the scope of the contract or is inconsistent with this requirement, the Contractor must notify the Contracting Officer in writing within five

(5) working days after receipt of any such instruction. The Contractor must not proceed with the work affected by the technical direction unless and until the Contractor is notified by the Contracting Officer that the technical direction is within the scope of this contract. To notify the Contractor, the Contracting Officer will either issue an appropriate contract modification within a reasonable time or advise the Contractor in writing within 30 days that the instruction or direction is-

(1) Rescinded in its entirety; or

(2) Within the scope of the contract and does not constitute a change under the changes clause of the contract, and that the Contractor should proceed promptly with its performance.

(E) Failure of the Contractor and Contracting Officer to agree that the instruction or direction is both within the scope of the contract and does not constitute a change under the changes clause, or a failure to agree upon the contract action to be taken with respect to the instruction or direction, is subject to the Disputes clause of this contract.

(F) Any action(s) taken by the Contractor in response to any direction given by any person other than the Contracting Officer or the applicable COTR is at the Contractor’s risk.

(G) Nothing in the foregoing paragraph will excuse the Contractor from performing that portion of the contractual work statement is not affected by the disputed technical direction.

RFP: DTPH56-11-R-000001 H-2

H.2 SAFETY AND ACCIDENT PREVENTION

In performing any work under this contract on premises that are under the direct control of the Government, the Contractor must (a) conform to all safety rules and requirements as in effect at any time during performance of the contract; and (b) take such additional precautions as the Contracting Officer may reasonably require for safety and accident prevention purposes. The Contractor agrees to take all reasonable steps and precautions to prevent accidents and preserve the life and health of the Contractor and Government personnel performing or in any way coming in contact with the performance of the contract on such premises. Any violation of such rules and requirements, unless promptly corrected as directed by the Contracting Officer, is grounds for termination of this contract.

H.3 SECURITY REQUIREMENTS

H.3.1 Contractor Security Requirements and Procedures

Any personal data collected and/or used under this contract is subject to the Privacy Act Clause (FAR 52.224-2) (APR 1984). The Contractor is restricted to using Privacy Act information provided by the Government or other Government contractors solely for the purposes authorized by this contract and for no other purpose(s). The Contractor must not provide the information to any other person or entity, unless explicitly directed. Each person providing service under this contract must sign a document of understanding stating that he/she understands and will comply with Privacy Act requirements.

PHMSA expects the majority of the work to be performed off-site. If any work on a task needs to be done at DOT/PHMSA Headquarters Building in Washington, D.C. or at a Regional office, the COTR will arrange for issuance of a Government Contractor’s Identification Card for the Contractor Personnel. . When a contactor employee is in the DOT building, the employee must wear an identification badge on the employee’s outer garment at all times. When a contractor employee no longer has duties under the contract necessitating the employee’s presence in the DOT building, the COTR will request the necessary information for cancellation or disposal of the ID badge. All on-site Contractor personnel must abide by the DOT security policy in DOT Order 1630.2B, Personnel Security Management.

The Contracting Officer’s Technical Representative (COTR) is to determine the position sensitivity classification or risk-level designations for all contractor positions under his/her cognizance. Every position (even if appointed to a non-sensitive/low risk position) requires some level of investigation. Contractor employees are subject to the same level determination and investigation requirements as Federal employees.

Executive Order (EO) 12968, DOT Order 1630.2B, DOT M 1630.2B, and OST M-1 Memo shall apply to contractor positions requiring security clearances.

To obtain the proper identification badge to work at the Department of Transportation, contractor employees must follow US DOT Order 1600.1 “Order Establishing Contractor Security Requirements and Procedures” and OST M-40’s badging procedures. A minimum of five (5) working days is required for the badging process.

Contractor personnel are subject to DOT security and safety regulations. The contractor must ensure that all security requirements are met. DOT Order 1630.2b titled “Personnel Security Management,” dated May 30, 2001, available at http://osam.ost.dot.gov/information.htm under “DOT Policies and Guidance,” applies to this requirement. The contractor must provide a list of any staff security clearances in an annual security report.

At a minimum, all proposed Key Personnel and those personnel with direct access to PHMSA’s LAN/WAN must have current Secret clearances. All other personnel must meet the standards in DOT Order 1630.2b, as http://osam.ost.dot.gov/information.htm�

RFP: DTPH56-11-R-000001 H-3

referenced above.

The contractor must secure all work areas at the close of each business day. For those areas jointly occupied by government and contractor personnel, the contractor and PHMSA will establish a procedure to assure compliance with existing security regulations. PHMSA will provide the contractor security regulations after award, but prior to take over. Access to this area will be restricted to hours of operation unless otherwise directed or approved by the designated government representative.

The contractor must comply with all applicable Federal, state, and local safety regulations at all times during the performance of the work under this contract. The contractor must employ protective devices (e.g., software, systems) provided by the government for the prevention of espionage, sabotage, and any other potential malicious or accidental destruction or damage to government equipment and information.

The contractor must ensure that safe operating practices and safeguards are in effect at all times to ensure the safety of personnel, information and equipment. The contracting officer and authorized PHMSA security and safety personnel must have access to the portions of the building staffed and operated by the contractor at all times during the performance of the work under this contract to inspect, inventory, install or remove any of the protective devices or equipment. These personnel must also inspect the premises to determine compliance with all regulations and requirements concerning equipment protection, safety and security.

The Contracting Officer’s Technical Representatives (COTR) will define access and security procedures for PHMSA’s computer resources. The contractor must implement these procedures as part of its facilities and systems management responsibilities.

H.3.2 Safeguarding Classified Information (PHMSA January 2011)

Pipeline and Hazardous Materials Safety Administration (PHMSA) contractor employees are obligated to protect classified information pursuant to all applicable laws, and to use Government information technology systems in accordance with PHMSA and Department of Transportation (DOT) procedures so that the integrity of such systems is not compromised.

Unauthorized disclosure of classified documents (whether in print, on a blog, or on a web site) does not alter the documents’ classified status or automatically result in declassification of the documents. To the contrary, classified information, whether or not already posted on public websites or disclosed to the media, remains classified, and must be treated as such by contractor employees, until it is declassified by an appropriate U.S. Government authority

PHMSA contractor employees:

1. except as authorized by the Director, Office of Security (M-40), or other authorized DOT officials, and pursuant to PHMSA/DOT policies and procedures, shall not, while using computers or other devices (such as Blackberries or Smart Phones) that access the Web on non-classified Government systems, access documents that are marked classified (including classified documents publicly available on WikiLeaks and other web sites), as doing so risks that classified material will be placed onto non-classified systems. This requirement applies to access that occurs either through PHMSA/DOT or contractor computers, or through contractors’ personally owned computers that access non-classified Government systems. This requirement does not restrict PHMSA contractor employee access to non-classified, publicly available news reports (and other non-classified material) that may, in turn, discuss classified material.

2. shall not access classified material unless:

- a favorable determination of the person’s eligibility for access has been made by the

DOT Director of the Office of Security (M-40) or another authorized DOT official,

- the person has signed an approved non-disclosure agreement,

- the person has a need to know the information, and

RFP: DTPH56-11-R-000001 H-4

- the person has received contemporaneous training on the proper safeguarding of classified information and on the criminal, civil, and administrative sanctions that may be imposed on an individual who fails to protect classified information from unauthorized disclosure.

3. shall not remove classified information from official premises or disclose that information without proper authorization.

4. who believe they may have inadvertently accessed or downloaded classified or sensitive information on computers that access the web via non-classified Government systems, or without prior authorization, should contact their information security offices for assistance.

(End of clause)

H.3.3 Applicable Contract Clauses and Regulations

See also the following applicable clauses:

• Section I, Paragraph I.2, Clause 52.204-9, “Personal Identity Verification of Contractor Personnel

(JAN 2011).”

• Section I, Paragraph I.3, Clause 1252.237-70, “Qualifications of Contractor Employees (APR 2005).”

• Section I, Paragraph I.4, Clause 1252.239-70, “Security Requirements for Unclassified Information Technology Resources (APR 2005).”

• FAR 52.209-6 – Protecting the Governments Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (DEC 2010).

• Contractor Issued Announcements

1. The recipient of this award must provide, in advance, to the PHMSA Contracting Officer, for review and concurrence, any proposed:

- Post-award announcement/press release when the content refers to PHMSA.

- Article, for publication or presentation, in which PHMSA is mentioned.

2. The recipient of this award must include the following statement in any article for publication or presentation resulting from this award:

“This work was funded in part, by the Department of Transportation, Pipeline and Hazardous Materials Safety Administration. The views and conclusions contained in this document are those of the authors and should not be interpreted as representing the official policies, either expressed or implied, of the Pipeline and Hazardous Materials Safety Administration, the U.S. Department of Transportation, or the U.S. Government.”

• FAR 52.222-54 – Employment Eligibility Verification (JAN 2009).

• FAR 52.222-43 -- Fair Labor Standards Act and Service Contract Act -- Price Adjustment (Multiple

Year and Option Contracts) (SEPT 2009).

• FAR 52.223-15 – Energy Efficiency in Energy-Consuming Products (DEC 2007)).

• FAR 52.223-16 – IEEE 1680 Standard for the Environmental Assessment of Personal Computer

Products (DEC 2007).

• FAR 52.234-4 – Earned Value Management System. (JUL 2006)

(a) The Contractor shall use an earned value management system (EVMS) that has been determined by the Cognizant Federal Agency (CFA) to be compliant with the guidelines in ANSI/EIA Standard - 748 (current version at the time of award) to manage this contract. If the Contractor's current EVMS has not been determined compliant at the time of award, see paragraph (b) of this clause. The Contractor shall submit reports in accordance with the requirements of this contract.

RFP: DTPH56-11-R-000001 H-5

(b) If, at the time of award, the Contractor's EVM System has not been determined by the CFA as complying with EVMS guidelines or the Contractor does not have an existing cost/schedule control system that is compliant with the guidelines in ANSI/EIA Standard - 748 (current version at time of award), the Contractor shall--

(1) Apply the current system to the contract; and

(2) Take necessary actions to meet the milestones in the Contractor's EVMS plan approved by the Contracting Officer.

(c) The Government will conduct an Integrated Baseline Review (IBR). If a pre-award IBR has not been conducted, a post award IBR shall be conducted as early as practicable after contract award.

(d) The Contracting Officer may require an IBR at--

(1) Exercise of significant options; or

(2) Incorporation of major modifications.

(e) Unless a waiver is granted by the CFA, Contractor proposed EVMS changes require approval of the CFA prior to implementation. The CFA will advise the Contractor of the acceptability of such changes within 30 calendar days after receipt of the notice of proposed changes from the Contractor.

If the advance approval requirements are waived by the CFA, the Contractor shall disclose EVMS changes to the CFA at least 14 calendar days prior to the effective date of implementation.

(f) The Contractor shall provide access to all pertinent records and data requested by the Contracting Officer or a duly authorized representative as necessary to permit Government surveillance to ensure that the EVMS conforms, and continues to conform, with the performance criteria referenced in paragraph (a) of this clause.

(g) The Contractor shall require the subcontractors specified below to comply with the requirements of this clause: (Insert list of applicable subcontractors.)

(End of clause)

• DOT HSPD-12 Personal Identity Verification 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 __________.1

Accordingly, before any individual may obtain a DOT identification card (new or replacement)

RFP: DTPH56-11-R-000001 H-6

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

1 The following sentence may be substituted when multiple risk/sensitivity levels apply. "The Government estimates that this effort will entail multiple levels of risk/sensitivity, ranging from ____________to ____________ but risk/sensitivity levels cannot be ascertained definitively until after contract award.”

2 Investigations may delay performance, regardless of the outcome of the investigation. The facts surrounding individual cases will determine whether a delay is excusable.

(End of Clause)

H.3.4 Privacy and Section 508

The contractor must adhere to Federal Government law and policies, as well as Department of Transportation and PHMSA Internet development standards and guidelines. These laws and policies include but are not

RFP: DTPH56-11-R-000001 H-7

limited to the Privacy Act of 1974, Section 208 of the E-Government Act, Paperwork Reduction Act, OMB M-03-22, OMB M-04-05, OMB Guidance for Federal Public Websites and Section 508. Test results of scans conducted must be provided as evidence. The DOT Compliance Checklist for Websites will be used to ensure all DOT-mandated policies are followed.

H.4 CONFLICT OF INTEREST

The Offeror must include a statement describing any potential financial interests that the company or an employee assigned to a task has that create or could create a conflict of interest with the work to be performed and a plan to resolve the conflict. After award, the Contractor or any employee assigned to a task must submit a statement, if at any time during performance, the contractor acquires any financial interest that creates or could create a conflict of interest with the work being performed. This statement applies to the contractor, its employees, consultants or subcontractors used to perform the work.

Each Offeror must be clear of active business or financial arrangements that conflict with the work required under this contract by the date of contract award. A working or financial arrangement includes a subcontract or consulting arrangement. Furthermore, in its proposal each Offeror must identify any business or financial arrangements with the pipeline industry that conflict with the work required under this contract and a plan to mitigate those conflicts by the date of contract award (anticipated). A working or financial arrangement includes a subcontract or consulting arrangement with the oil and gas pipeline industry, specifically with those entities that PHMSA regulates under the Federal Pipeline Safety Law at 49 U.S.C. 60101 et seq., and implementing regulations in 49 C.F.R. Parts 191-199. Arrangements include those held by the contractor organization or contractor personnel assigned to a task. Award is contingent on the Offeror having no active business or financial interest which would conflict with the work to be performed under this contract. After award, the contractor must, for the duration of the contract, not enter into any arrangement that would conflict with the work requirements.

H.5 DATA REQUIREMENTS

PHMSA considers knowledge management a critical aspect of its ongoing ability to service its end-users.

Therefore, PHMSA will retain ownership of all data or other related information collected, developed, analyzed, and reported in connection with providing the services within the scope of this statement of work.

The contractor MUST have an approved process for turning over the data to PHMSA at the end of the contract.

H.6 INSURANCE

See Section I, Paragraph I.2, Clause 52.228-7, “Insurance—Liability to Third Persons (MAR 1996).” The Contractor must secure, pay the premiums for and keep in force until the expiration of this contract, and any renewal thereof, adequate insurance as provided below. The insurance must specifically include liability assumed by the Contractor under this contract.

(A) Workman’s compensation insurance as required by the law of the State.

(B) Comprehensive bodily injury liability insurance with limits of not less than $500,000 for each accident.

(C) Property damage liability with a limit of not less than $100,000 for each accident.

(D) Automotive bodily injury liability insurance with limits of not less than $200,000 for each person and $500,000 for each accident, and property damage liability insurance, with a limit of not less than

RFP: DTPH56-11-R-000001 H-8

$40,000 for each accident.

Each policy of insurance must contain an endorsement that any cancellation or material change in the coverage adversely affecting the Government’s interest will not be effective unless the insurer or the contractor gives PHMSA written notice of cancellation or change. When the coverage is provided by self-insurance, the Contractor must not change or decrease the coverage without the Contracting Officer’s prior approval.

A certificate of each policy of insurance must be furnished to the Contracting Officer within ten (10) days after notice of award certifying, among other things, that the policy contains the aforementioned endorsement. The insurance company providing the above insurance must be satisfactory to the Government. Notices of policy changes must be furnished to the Contracting Officer. The substance of this clause must flow down to any subcontractors.

H.7 DEPARTMENT OF TRANSPORTATION ACQUISITION REGULATIONS (48 CFR

CHAPTER 12) CLAUSES

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.

H.8 DOT Short-Term Lending Program

ATTENTION: Small and Disadvantaged (SDB), Women-Owned, and Disadvantaged Business Enterprises (DBEs)! The Department of Transportation’s (DOT), Short-Term Lending Program (STLP) offers working capital financing in the form of lines of credit to finance accounts receivable for transportation related contracts.

The Maximum line of credit is $750,000. The STLP loan has a variable rate, which is connected to the prime rate. The current rate may be found on the OSDBU website http://osdbuweb.dot.gov or call 1-(800) 532- 1169.

[END OF SECTION H]

http://www.nhtsa.dot.gov/� http://www.trafficsafety.org/�

Pipeline and Hazardous Materials Safety Administration (PHMSA) Section I

RFP: DTPH56-11-R-000001 I-1

PART II

SECTION I—CONTRACT CLAUSES

I.1 FEDERAL ACQUISITION REGULATION (FAR) CLAUSES

52.204-1 Approval of Contract. (Dec 1989)

This contract is subject to the written approval of the Contracting Officer, Office of Acquisition Services, Pipeline and Hazardous Materials Safety Administration (PHMSA) and shall not be binding until so approved.

52.209-8 Updates of Information Regarding Responsibility Matters. (JAN 2011)

[Reserved]

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters. (JAN 2011)

(a) The Contractor shall update the information in the Federal Awardee Performance and Integrity Information System (FAPIIS) on a semi-annual basis, throughout the life of the contract, by posting the required information in the Central Contractor Registration database at http://www.ccr.gov.

(b)(1) The Contractor will receive notification when the Government posts new information to the Contractor’s record.

(2) The Contractor will have an opportunity to post comments regarding information that has been posted by the Government. The comments will be retained as long as the associated information is retained, i.e., for a total period of 6 years. Contractor comments will remain a part of the record unless the Contractor revises them.

(3)(i) Public requests for system information posted prior to April 15, 2011, will be handled under Freedom of Information Act procedures, including, where appropriate, procedures promulgated under E.O. 12600.

(ii) As required by section 3010 of Public Law 111-212, all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available.

Alternate I (Jan 2011). As prescribed in 9.104-7(c)(2), redesignate paragraph (a) of the basic clause as paragraph (a)(1) and add the following paragraph (a)(2):

(2) At the first semi-annual update on or after April 15, 2011, the Contractor shall post again any required information that the Contractor posted prior to April 15, 2011.

http://www.ccr.gov/� https://www.acquisition.gov/far/current/html/Subpart%209_1.html#wp1086248�

RFP: DTPH56-11-R-000001 I-2

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Items. (JAN 2011)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).

_X_Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(2) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Pub. L. 108-77, 108-78).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

_X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I

(Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title

VI, Chapter 1 (41 U.S.C. 251 note)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of

2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

_X_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jul 2010) (Pub. L. 109-282) (31 U.S.C. 6101 note).

__ (5) 52.204-11, American Recovery and Reinvestment Act—Reporting Requirements (Jul 2010) (Pub. L. 111-5).

_X_ (6) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (DEC 2010) (31 U.S.C. 6101 note). (Applies to contracts over $30,000). (Not applicable to subcontracts for the acquisition of commercially available off-the-shelf items).

__ (7) 52.219-3, Notice of Total HUBZone Set-Aside or Sole-Source Award (Jan 2011) (15 U.S.C. 657a).

__ (8) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Jan 2011) (if the Offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (9) [Reserved] _X_ (10)(i) 52.219-6, Notice of Total Small Business Set-Aside (June 2003) (15 U.S.C. 644).

__ (ii) Alternate I (Oct 1995) of 52.219-6.

__ (iii) Alternate II (Mar 2004) of 52.219-6.

__ (11)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

__ (ii) Alternate I (Oct 1995) of 52.219-7.

__ (iii) Alternate II (Mar 2004) of 52.219-7.

_X_ (12) 52.219-8, Utilization of Small Business Concerns (Jan 2011) (15 U.S.C. 637(d)(2) and (3)).

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RFP: DTPH56-11-R-000001 I-3

_X_ (13)(i) 52.219-9, Small Business Subcontracting Plan (Jan 2011) (15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (Oct 2001) of 52.219-9.

__ (iii) Alternate II (Oct 2001) of 52.219-9.

__ (iv) Alternate III (Jul 2010) of 52.219-9.

_X_ (14) 52.219-14, Limitations on Subcontracting (Dec 1996) (15 U.S.C. 637(a)(14)).

_X_ (15) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

__ (16)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business

Concerns (Oct 2008) (10 U.S.C. 2323) (if the Offeror elects to waive the adjustment, it shall so indicate in its offer).

__ (ii) Alternate I (June 2003) of 52.219-23.

_X_ (17) 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and

Reporting (Dec 2010) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

__ (18) 52.219-26, Small Disadvantaged Business Participation Program— Incentive Subcontracting

(Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

__ (19) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside

(May 2004) (15 U.S.C. 657 f).

_X_ (20) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2009) (15 U.S.C.

632(a)(2)).

_X_ (21) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

__ (22) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jul 2010) (E.O. 13126).

_X_ (23) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

_X_ (24) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

_X_ (25) 52.222-35, Equal Opportunity for Veterans (Sep 2010)(38 U.S.C. 4212).

_X_ (26) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).

_X_ (27) 52.222-37, Employment Reports on Veterans, (Sep 2010) (38 U.S.C. 4212).

_X_ (28) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act

(Dec 2010) (E.O. 13496).

_X_ (29) 52.222-54, Employment Eligibility Verification (Jan 2009). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

__ (30)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

_X_ (31) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

_X_ (32)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer

Products (Dec 2007) (E.O. 13423).

__ (ii) Alternate I (Dec 2007) of 52.223-16.

_X_ (33) 52.223-18, Contractor Policy to Ban Text Messaging While Driving (Sep 2010) (E.O. 13513).

__ (34) 52.225-1, Buy American Act—Supplies (Feb 2009) (41 U.S.C. 10a-10d).

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RFP: DTPH56-11-R-000001 I-4

__ (35)(i) 52.225-3, Buy American Act—Free Trade Agreements—Israeli Trade Act (June 2009) (41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, Pub. L. 108-77, 108- 78, 108-286, 108-302, 109-53, 109-169, 109-283, and 110-138).

__ (ii) Alternate I (Jan 2004) of 52.225-3.

__ (iii) Alternate II (Jan 2004) of 52.225-3.

__ (36) 52.225-5, Trade Agreements (Aug 2009) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_X_ (37) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (38) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

__ (39) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007)

(42 U.S.C. 5150).

_X_ (40) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002)

(41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

_X_ (41) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

_X_ (42) 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration

(Oct 2003) (31 U.S.C. 3332).

__ (43) 52.232-34, Payment by Electronic Funds Transfer—Other than Central Contractor Registration

(May 1999) (31 U.S.C. 3332).

__ (44) 52.232-36, Payment by Third Party (Feb 2010) (31 U.S.C. 3332).

_X_ (45) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (46)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006)

(46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

__ (ii) Alternate I (Apr 2003) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

__ (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

_X_ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and

41 U.S.C. 351, et seq.).

__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act—Price Adjustment (Multiple

Year and Option Contracts) (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act—Price Adjustment (Sep 2009)

(29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

__ (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for

Maintenance, Calibration, or Repair of Certain Equipment—Requirements (Nov 2007) (41 351, et seq.).

_X_ (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain

Services—Requirements (Feb 2009) (41 U.S.C. 351, et seq.).

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