13R000002_Sec._H_Final.pdf

U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration

RFP: DTPH56-13-R-000002 H-1

SPECIAL H—SPECIAL CONTRACT REQUIREMENTS

H.1 TECHNICAL DIRECTION

(A) The COR 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 COR.

(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(1) Rescinded in its entirety; or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 COR 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 which is not affected by the disputed technical direction.

RFP: DTPH56-13-R-000002 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

The COR will arrange for issuance of a Government Contractor’s Identification Card for the Contractor Personnel whose normal duties include work and activities in the DOT/PHMSA Headquarters Building, Washington, D.C. and Regional offices. 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 COR 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 Representative (COR) 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.

H.3.2 Applicable Contract Clauses

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.

(DEVIATION). (Apr 2005) Alternate I. (Apr 2005).”

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

H.4 CONFLICT OF INTEREST

The offeror must include a statement describing any potential financial interests 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

RFP: DTPH56-13-R-000002 H-3

contractor 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.

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 provide its process for turning over the data to PHMSA at the end of the contract.

H.6 USE OF TEMPORARY STAFFING AGENCIES

The Contractor’s use of Temporary Staffing Agencies to fulfill personnel requirements is allowed.

However, if the Temporary Staffing Agency is not an approved subcontractor listed in Section G, Paragraph G.5, “Subcontracts – Advanced Notification and Consent,” PHMSA will compensate the Contractor only for the direct cost the Contractor is charged by the Temporary Staffing Agency, but not more than the approved Labor Category Rates in Section B, Paragraphs B.6.1 through B.6.9. The Contractor will not earn any profit/fee on the use of a temporary staffing agency. This policy is implemented to ensure that all employees working under this contract (full-time, part-time, or temporary) are receiving wages in accordance with the Service Contract Act minimum guidelines.

H.7 INSURANCE

See Section I, Paragraph I.3, Clause 52.228-7, “Insurance—Liability to Third Persons.” 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 that $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 $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.

[END OF SECTION H]

H.3 SECURITY REQUIREMENTS