Attachment_2_-_Clauses.docx

PHMSA RFQ #DTPH5616Q00002

“811 Poster & Video Contests”

Attachment 2: FAR, TAR, and PHMSA Clauses and Special Requirements

Any resultant order from this RFQ will incorporate the terms and conditions in the SOW and the clauses and special requirements in this attachment.

A. FEDERAL ACQUISITION REGULATIONS (FAR)

A.1 FAR Clauses Incorporated by Reference 52.204-8 Annual Representations and Certifications (JAN 2016) 52.204-12 – Data Universal Numbering System Number Maintenance (Dec 2012) 52.204-13 – System for Award Management Maintenance (Jul 2013) 52.209-7 Information Regarding Responsibility Matters (JUL 2013) 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) 52.212-4 – Contract Terms and Conditions – Commercial Items (May 2015)52.219-28 Post-Award Small Business Program Rerepresentation (JUL 2013) 52.222-21, Prohibition of Segregated Facilities (Apr 2015) 52.222-25 Affirmative Action Compliance (APR 1984) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793) 52.222-37, Employment Reports on Veterans (Oct 2015) (38 U.S.C. 4212) 52.223-5 Pollution Prevention and Right-to-Know Information (MAY 2011) 52.223-6 Drug-Free Workplace (MAY 2001) 52.223-11 Ozone-Depleting Substances (MAY 2001) 52.223-16 Acquisition of EPEAT® -Registered Personal Computer Products (Oct 2015) 52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction Contracts (MAY 2008) 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) 52.227-14 – Rights in Data – General (May 2014) 52.227-17 – Rights in Data – Special Works (Dec 2007) 52.232-39 – Unenforceability of Unauthorized Obligations (June 2013) 52.232-40 – Providing Accelerated Payments to Small Business Subcontractors (Dec 2013) 52.237-2 Protection of Government Buildings, Equipment, and Vegetation (APR 1984) 52.242-15 Stop-Work Order (APR 1989) 52.245-1 Government Property (APR 2012)

A.2 FAR Clause 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Items (Feb 2016)

(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) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

(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) (Public Laws 108-77, 108-78 (19 U.S.C. 3805 note)).

(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.]

___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 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 (Oct 2015) (Pub. L. 109-282) (31 U.S.C. 6101 note).

X__ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).

X__ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

X__ (28) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).

___ (36) (i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514

___ (ii) Alternate I (Oct 2015) of 52.223-13.

X__ (44) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008)

X__ (50) 52.232-33, Payment by Electronic Funds Transfer— System for Award Management (Jul 2013)

A.3 FAR Clause 52.252-2 Clauses Incorporated by Reference (Feb 1998) This contract 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/these addresses:

http://farsite.hill.af.mil/farsite.html http://www.acquisition.gov/far/ brandon.beyer@dot.gov

B. TRANSPORTATION ACQUISITION REGULATIONS (TAR) CLAUSES

B.1 TAR 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.

B.2 TAR 1252.237‐70 Qualifications of contractor employees (APR 2005)

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

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

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

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

e. The Contractor shall ensure that contractor employees are:

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

(2) Have background investigations according to DOT Order 1630.2B, Personnel Security Management. f. The Contractor shall immediately notify the contracting officer when an employee no longer requires access to DOT computer systems due to transfer, completion of a project retirement or termination of employment.

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

C. DOT/PHMSA SPECIFIC CLAUSES

C.1 DOT Short‐Term Lending Program (DOT STLP) 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.

C.2 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 articles for publication or presentation resulting from this award:

“This work was funded in part, under 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 Department of Transportation, or the U.S. Government.”

C.3 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 ‐ 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.

C.4 Use of Recording Devices at DOT (October 2009) DOT contractor employees must not engage in, attempt to influence any person to engage in, or acquiesce in the clandestine, surreptitious, or other covert use of audio, video, or other electronic recording or monitoring devices or practices, without the prior written approval of the PHMSA Chief of the Contracting Office.

DOT contractor employees have no explicit or implicit expectation of privacy while operating non‐secure Government communications equipment. By using Government communications equipment the user consents to listening‐in, monitoring, or recording of activities on said equipment by DOT employees.

Nothing in this clause is meant to apply to the conduct of video conferences approved by DOT personnel, or to restrict contractor personnel from performing activities necessary to ensure the integrity of DOT’s Information Technology (IT) networking infrastructure or computer systems.

Recordings by DOT contractor employees may not be used by outside entities without the prior written approval of the PHMSA Chief of the Contracting Office.

D. PERSONNEL REQUIREMENTS

D.1 Nonpersonal Services Contract This contract is a “nonpersonal services contract” as defined in FAR Section 37.101. The Contractor and its employees, consultants, and subcontractors:

· must perform the services specified herein as independent contractors, not as employees of the Government;

· are responsible for their own management, supervision and administration of the work required, and bear sole responsibility for complying with all technical, schedules, or financial requirements or constraints attendant to the performance of this contract;

· except, as listed in D.4 below, are free from any direct or indirect supervision or control by any Government employee;

· must, pursuant to the Government rights under contract clauses such as “Inspection” and “Key Personnel” comply with such general direction of authorized Government employees as is necessary and appropriate to ensure accomplishment of the contract requirements and objectives.

The Contractor is the legally responsible employer and must maintain that relationship during the time its employees are assigned to work on this contract. The Contractor is solely responsible for all employee hiring, firing, discipline, promotions, training, bonuses, pay, and benefits.

D.2 Supervisory Controls All employees assigned to work on this contract work under the supervision and control of the Contractor’s Project Manager (PM).

D.3 Contractor Conduct The Contractor must provide employees who conduct themselves in a responsible manner. Contractor employees must not disclose information unless authorized by the Contracting Officer.

D.4 Approval and Removal of Personnel The Contracting Officer’s Representative (COR) may review the qualifications proposed to perform work under this contract. The Contracting Officer may notify the Contractor of substandard job performance and/or personal behavior by the Contractor personnel under this contract. The Contracting Officer may request removal and replacement of said personnel.

D.5 Personnel Security and Safety Requirements 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, applies to this requirement.

D.6 Contractor Training Requirements The Contractor is responsible for providing training and refresher training to its contractor personnel in subject matter areas required by the contractor personnel to perform his/her duties. PHMSA is not responsible for training contractor personnel in skills and expertise required as part of his/her duties.

At no cost to the Contractor, PHMSA may require that contractor personnel take training in rules, practices, procedures, and systems that are unique to PHMSA and essential to the performance of the contractor personnel’s assigned duties. The Contractor is responsible for ensuring that its contractor personnel take these PHMSA‐required training.

· Examples of training include the annual Security Awareness and Privacy Awareness Training and DOT Headquarters Safety Training.

The Acquisition Services Division and the Office of Chief Counsel must be consulted when there is any question about the training needs of contractor personnel.

E. SECURITY REQUIREMENTS

E.1 Access to Sensitive Information Work under this contract may involve access to sensitive information* which the contractor may only disclose if authorized by the contracting officer. To protect sensitive information, the contractor must provide training to any contractor employee authorized access to sensitive information and, upon request of the Government, provide information as to an individual's suitability to have such authorization. Contractor employees found by the Government to be unsuitable or whose employment is deemed contrary to the public interest or inconsistent with the best interest of national security, may be prevented from performing work under the particular contract when requested by the contracting officer.

The contractor must ensure that contractor employees are: (1) citizens of the United States of America or an alien who has been lawfully admitted for permanent residence or employment (indicated by immigration status) as evidenced by Immigration and Naturalization Service documentation; and (2) have background investigations in accordance with DOT Order 1632.2B, Personnel Security Management.

The contractor must include the above requirements in any subcontract awarded for IT services.

* Sensitive Information is proprietary data or other information that, if subject to unauthorized access, modification, loss or misuse could adversely affect national interest, conduct of Federal programs, or privacy of individuals specified in the Privacy Act, but has not been specifically authorized to be kept secret in the interest of national defense or foreign policy under an Executive Order or Act of Congress.

E.2 Access to Electronic and Information Technology Each Electronic and Technology (EIT) product or service furnished under this contract must comply with the Electronic and Information Technology Accessibility Standard (36 CFR 1194) which implements Section 508 of the Rehabilitation Act of 1973, codified at 29 U.S.C. § 794d. The PHMSA Chief Information Officer (CIO) or designee will approve and insure Section 508 compliance.

If the Contracting Officer determines any furnished product or service does not comply with the Electronic and Information Technology Accessibility Standard (36 CFR 1194), the Contracting Officer will notify the contractor in writing.

E.3 811, CALL BEFORE YOU DIG PROGRAM (JUNE 2014)

Damage to pipelines during excavation is a leading cause of accidents resulting in serious injuries and fatalities, but these accidents are preventable, and you can help in preventing them.

811 is designated as the national call-before-you-dig number. Every state has a one-call law requiring excavators to have underground utilities marked before digging.

There are five steps to safer digging:

The contractor is encouraged to adopt the “811, Call Before You Dig” program for its employees when digging on company-owned, leased, or personally-owned property. For information on how to implement such a program please visit the 811 – Call Before You Dig section of the Pipeline and Hazardous Materials Safety Administration (PHMSA) website at www.phmsa.dot.gov.

The contractor shall include the substance of this clause in all subcontracts that exceed the micro-purchase threshold.