DTPH5617PHMSABAA_with_Appendix.pdf

BAA – Hazardous Materials Transportation Safety Research and Development (2017) Solicitation #: DTPH5617PHMSABAA

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Section 1: Description

In this Broad Agency Announcement (BAA) the Office of Hazardous Materials Safety (OHMS) in the Pipeline and Hazardous Materials Safety Administration (PHMSA), a U.S. Department of Transportation agency, solicits concepts which could eventually lead to contract awards.

PHMSA is looking for innovative ideas for leading-edge research and innovative techniques to advance the safe transportation of hazardous materials (HM). This BAA is published in accordance with Federal Acquisition Regulations (FAR) 35.016 and 6.102(d)(2).

This BAA is soliciting a variety of basic and applied research projects that will support the strategic objectives of the PHMSA OHMS, including these four research priorities:

• Risk Management and Mitigation – Alleviate the adverse consequences of HM transport incidents by reducing the probability of incidents within the transportation network.

• Emerging Technologies – Propose new technologies to improve transport safety and minimize transport risks.

• Package Integrity – Prevent, or reduce, the number of HM transport incidents resulting from package failures by improving performance standards (DOT, American Society of Mechanical Engineers (ASME), International Organization for Standardization (ISO), etc.) related to manufacturing, testing, evaluating, and inspecting.

• Technical Analysis to Aid Risk Assessments – Identify gaps and vulnerabilities in the transport systems and improve safety, prevent fatalities, and minimize injuries by proposing solutions to address these system and program weaknesses.

Section 2: Submission and Award Information

The Government intends to make multiple awards from this BAA. Awards may be of any dollar value between $50,000 and $1,000,000. It is anticipated that Fixed Price Level of Effort contracts will be awarded to successful Offerors.

PHMSA will not issue paper copies of this announcement. PHMSA reserves the right to fund all, some, or none of the proposals in response to this announcement and to create and maintain a reserve list of proposals for potential funding in the event that additional funding becomes available in the future. PHMSA provides no funding for reimbursement of proposal development costs. Submitted materials, in response to this BAA, will not be returned. All proposals will be treated as sensitive, competitive information and their contents will be disclosed only for the purpose of evaluations.

Two-Step process for award:

First step: White Paper: Only White Papers are due at this step. White Papers will not be accepted after 11:59 a.m. (Eastern Time) on 21 April 2017. All White Papers must be submitted in complete form and comply with the submission requirements. BAA amendments and answers to submitted questions will only be available on FedBizOpps at www.fbo.gov. Failure to comply with these requirements may result in the rejection of the White Paper during the review.

http://www.fbo.gov/

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Second Step: Full Proposal: Full Proposals will only be accepted in response to requests from the PHMSA Contracting Officer, to Offerors with White Papers determined to be technically acceptable, as evaluated against criteria published in this BAA. Full Proposals will be due on the specified due date listed in the request from the PHMSA Contracting Officer.

Section 3: Eligibility Information

Any responsible source (excluding foreign entities, federal, state, and local governments) may submit a White Paper for consideration. Eligible entities include, but are not limited to, universities or institutions of higher education, hospitals, non-profit organizations, private individuals, corporations, and businesses or commercial organizations. All offerors must be registered in the Federal Government’s System for Award Management (SAM) prior to receiving a contract. (www.sam.gov).

Small Disadvantaged (SD), Service-Disabled Veteran-Owned Small Business Concerns, Veteran-Owned (VO), Woman-Owned (WO), Economically Disadvantaged Women-Owned, and Historically Underutilized Business Zone (HUBZone) Small Business Concerns, Historically Black Colleges and Universities (HBCUs) and Minority Institutions (MIs) are encouraged to submit White Papers on their own and/or in collaboration with others. However, no portion of this BAA will be set aside or reserved exclusively for any of the groups identified above.

Section 4: Application and Submission Information

The process consists of two steps described below. Teaming arrangements such as prime contractor/subcontractor, joint ventures, limited partnerships, or collaboration and consortium arrangements are permitted and encouraged.

4.1 White Papers (Step 1)

In preparing White Papers you are required to adhere to the guidelines outlined in the following paragraphs in order to be accepted for evaluation. An Offeror may submit multiple White Papers in response to this BAA.

White Papers must be prepared using single-spaced text in 12-point Times New Roman font, and feature margins that are at least one-inch wide on the top, bottom and sides, to allow for printing on 8.5 x 11 inch paper. Points of emphasis may be indicated using bolding, underlining and italics. The header of each page must feature the Offeror’s name, the applicable BAA number, and the research objective (as identified in Appendix A). When including graphic presentations, you do not have to adhere to the same font and spacing stipulations as the text.

The submittal must be no more than five single-sided pages excluding the cover page, and Rough Order of Magnitude Estimate (ROM estimate) cost, which is only a "ballpark" cost estimate including labor, equipment (if applicable), and travel (if applicable).

http://www.sam.gov/

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The white paper must be in the following format:

A- Cover Page

The cover page (not to exceed one page) of the White Paper must include the following information:

• Working title of the proposed project;

• BAA Research Topic title and reference number;

• Name, phone number, fax number, mailing, and email address for the principal technical and contractual points of contact;

• Name and organization addresses for project partners, if applicable;

• Date of submittal; and,

• Proprietary data restrictions, if any.

B- Proposed Technical Approach

B-1 Background

Include a statement that conveys the Offeror’s vision for the fully-developed proposed technology and a description of the problem that the technology is designed to solve. A description of what makes the proposed technology innovative must be included. In addition, the Offeror should estimate the probability that the HM transportation industry will adopt the technology, along with a rationale for that estimate.

B-2 Scope of Work Describe proposed major research, testing, and analysis activities with enough detail to portray the range of proposed activities. However, a detailed work breakdown is not necessary. Major progress milestones and associated deliverables are not required.

B-3 Project’s relative importance State the short, medium and long term effects and importance of the proposed project along with the project’s impact on safety and the environment within the HM transportation community.

Describe the importance of these outcomes in the context of the technical readiness level, as well as how these outcomes address the goals outlined in the description of the research topic (Appendix A).

C- Schedule and Price Estimate Major milestones for the project must be included, in terms of weeks, from the project’s start. A brief summary of the ROM (ball park) price estimate, including labor, equipment (if applicable), and travel (if applicable) must be included in this section.

4.2 Full Proposals (Step 2): Submitted ONLY IF REQUESTED BY PHMSA The full proposal must build on the contents of the associated White Paper and include any modifications agreed upon during discussions between the Offeror and PHMSA. Full proposals must include additional content and greater detail than what was provided within the White Paper. All proposals submitted in accordance with the terms and conditions of the BAA will be evaluated. PHMSA reserves the right to return unevaluated, or evaluate as is, any submissions that are incomplete or fail to respond to the technical requirements of the BAA.

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The Full Proposal must be no more than 10 single-sided pages (excluding the cover page) and submitted as follows:

A- Cover Page Full proposals are required to include a cover page containing the following information:

• Working title of the proposed project;

• BAA Research Topic title and reference number (Appendix A);

• The words “Full Proposal” written below the project title;

• Name, phone number, mailing, and email address for the principal technical and contractual points of contact;

• Organization addresses for project partners;

• Date of submittal; and,

• Proprietary data restrictions, if any.

B- Technical Proposal

B-1 Background Provide information about how the proposal enhances the ability to meet project goals and how it would be incorporated into the equipment, infrastructure, and operations of existing HM transportation.

Identify any relevant past research. Describe capabilities, work, and significant accomplishments in areas associated with the proposed research area or closely related areas.

Include, in the background portion of the proposal, the following:

• Mission Statement – Describes the Offeror’s vision for the fully developed technology and its intended impact on the HM transportation industry.

• Description of Need – Outlines the specific problem that the proposed technology will address and the groups expected to use the technology. It should also describe the projected probability that the HM transportation industry will adopt the technology, along with a rationale for the probability.

• Development Framework – The technological risk assessment for the future development of the technology should also be included.

B-2 Statement of Work

The Offeror’s proposed Statement of Work (SOW), if accepted, will become contractually binding. It must clearly describe the scope and objectives of the proposal, as well as the specific research that will be performed. It should be prepared as a separate document contained within the submittal.

The SOW must include the following:

• Work Scope – Describes the work that will be completed as part of the research project.

Include the goals of the effort, major milestones and expected outcomes.

• Requirements – Separates the work effort into major tasks and subtasks. All project reviews, tests, demonstrations and deliverables should also be identified. Tasks must be realistic.

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• Deliverables – Describe and list all project deliverables. All proposals must contain deliverables, including a payment milestone deliverable(s) and a research report.

B-3 Technical Approach The Offeror is required to provide a detailed description of the work that will be performed, in chronological order. The technical approach should include activities designed to integrate the HM transportation industry, either through participation in the technology development and/or testing support. It should describe the steps, tasks, and activities that are critical for achieving the anticipated results. The Offeror is required to describe all deliverables, presentations, demonstrations, tests, and periodic reports.

The technical approach should also outline the procedures that will be deployed to ensure quality.

B-4 Project Management Plan The Offeror is required to provide a general management plan for the project. This plan should be simple and answer questions similar to the following (but tailored to your specific proposal):

• Will you perform travel for the project?

• Will you need to subcontract some parts of the project?

• Will you need to purchase materials?

• Will you need to purchase equipment?

• And any other information you deem necessary for a complete management plan.

B-5 Capabilities and Experience

Describe the capabilities and experience of the key personnel and organizations within the project team related to the proposed project. Identify any unique capabilities the Offeror’s team possesses that may reduce risk and project duration or improve financial performance.

C- Price Proposal.

Provide a price for the proposed effort to allow for determination of price reasonableness. Break down any proposed subcontracts by stating the amount of time and money set aside for them, their cost estimate including labor, equipment (if applicable), and travel (if applicable).

4.3 Procurement Instrument and Pricing Arrangement

It is anticipated that Fixed Price Level of Effort contracts, with milestone payments, will be awarded to successful Offerors.

Section 5: Supplemental Information

A. Intellectual Property:

Offerors shall submit information describing the intellectual property that will be used in the performance of the contract, and any proposed restrictions on the Government’s use of the intellectual property.

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Offerors must provide a good faith representation, in writing, that they either own or possess appropriate licensing rights to the intellectual property that will be utilized for this project. If offerors are unable to make such a representation concerning the intellectual property, provide a listing of the intellectual property needed, and explain how and when the offeror plans to obtain these rights.

For issued patents or published patent applications, provide the patent number or patent application publication number, a summary of the patent or invention title, and indicate whether the Offeror is the patent or invention owner. If a patent or invention is in-licensed by the Offeror, identify the licensor. If a patent application has been filed for an invention that has not been made publicly available and contains proprietary information, provide the patent application serial number, patent application filing date, a summary of the invention title, and indicate whether the offeror is the invention owner. If the invention is in-licensed by the Offeror, identify the licensor.

B. Subcontracting Plan:

Any Offeror, other than small businesses, submitting a full proposal (if requested by PHMSA) for an award anticipated to exceed $650,000 must submit a Small Business Subcontracting Plan in accordance with FAR 19.704(a) (1) and (2) or, if no subcontracting opportunities exist, a statement to that effect. This information, if applicable, must be included as an attachment to the full proposal (the 10-page limit does not apply). The small business subcontracting plan format is outlined in FAR 19.7. It is the policy of the Government to enable small business concerns to be considered fairly as subcontractors to contractors performing work or rendering services as prime contractors or subcontractors under Government contracts, and to assure that prime contractors and subcontractors carry out this policy.

C. Past Performance The Government reserves the right to perform a past performance review before awarding a contract. Sources for the review may include the U.S. Federal Government’s Past Performance Information Retrieval System, and Government program managers and contracting officers who are familiar with the Offeror’s relevant past performance.

Section 6: White Paper Evaluation Criteria

An interested party must address the evaluation criteria by providing sufficient information and by keeping the entire paper within the five (5) page limit (excluding cover page and ROM).

White papers will be evaluated for:

- Relevance to PHMSA's mission,

- Soundness of project, or program, design and implementation,

- Price.

Specifics on the evaluation criteria are as follows:

1. Relevance to PHMSA's mission.

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• Is the white paper relevant to PHMSA's mission of enhancing safety, improving infrastructure, and protecting the environment?

• How well does the white paper describe the problem and/or state how the approach will resolve the problem?

• Does the white paper identify who is anticipated to use research results (e.g. end users)?

2. Soundness of Project, or Program, design and implementation.

• How well are project/program goals or objectives defined?

• Does the scope of work, tasks, and milestones support the goals and objectives?

• How likely would this project be successful if awarded?

3. Price

• The degree to which the proposed price is reasonable and realistic for the proposed technical approach, and does not exceed $1,000,000.

Criteria #1 and #2 are of equal value. When combined, they are significantly more important than price alone.

An offeror providing a white paper deemed worthy of further consideration, and meeting the criteria of this BAA, may be notified with possible suggestions for minor changes in scope and detailed guidelines for submitting a full proposal.

Section 7: Full Proposal Evaluation

• Each proposal will be evaluated on its own merit without regard to other proposals submitted under this announcement.

• All evaluation factors, other than price, when combined, are significantly more important than price alone. “Technical” is appreciably more important than “price” and, as such, greater consideration shall be given to technical excellence than price alone.

• All awards will be subject to the availability of funds. Only the Contracting Officer can legally obligate PHMSA to the expenditure of public funds under this BAA.

All Offerors will receive written notification of the final decision regarding their proposal. If selected for award, the Contracting Officer will contact the Offeror with further instructions, including negotiation procedures, if needed.

Evaluation Criteria (for evaluation of the full proposal):

1. Technical A. Responsiveness to BAA Objectives

a. The degree to which the proposal meets the program objectives of the BAA (as stated in Appendix A) and conforms to the funding ceiling of $1,000,000.00.

B. Technical Approach

a. The degree to which the proposal impacts the realization of the research topic goals (in Appendix A), including enhancing HM transport safety, Page | 8 performance, and efficiency aspects of HM transport operations, maintenance, and/or design.

b. The proposed technological framework, in terms of analytical science, and HM transport industry application.

c. The degree to which the proposal: provides a reasonable and logical technical approach; applies to the HM transport industry; and provides for appropriate reports documenting progress and outcomes, quality controls, and a realistic project risk assessment.

d. The completeness of the project management plan (as described Section 4.2 B-4).

e. The degree of experience and capability of the project team, including key personnel and team organizational partners (if applicable), as these elements relate to the proposed work and influence the potential for a successful outcome.

2. Price: Full proposals will be subject to a price evaluation where the proposed price will be evaluated for realism and reasonableness.

3. Past Performance: Consists of a review of past performance information provided by the Offeror, and/or obtained from sources other than those identified by the Offeror.

Section 8: Award Administration Information:

o Section 508 compliance o Reporting Requirements (SAM, Representations and Certifications)

Section 9: Agency Contacts:

USDOT, PHMSA Point of Contact:

Veda Bharath, PhD Physical Scientist, Research & Development Branch Engineering and Research Division Office of Hazardous Materials Safety Pipeline and Hazardous Materials Safety Administration Department of Transportation 1200 New Jersey Avenue, SE Washington, DC 20590

(202) 366-0626 satyaveda.bharath@dot.gov

Rick Boyle Chief, Research and Development Branch Engineering and Research Division Office of Hazardous Materials Safety Pipeline and Hazardous Materials Safety Administration mailto:satyaveda.bharath@dot.gov

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Department of Transportation 1200 New Jersey Avenue, SE Washington, DC 20590

(202) 366-2993 rick.boyle@dot.gov

Shaukat Mirza Contract Specialist

PHF-10

Pipeline and Hazardous Materials Safety Administration Department of Transportation 1200 New Jersey Avenue, SE Washington, DC 20590

(202) 366-2523 shaukat.mirza@dot.gov

Section 10: Clauses: FAR, TAR, and local PHMSA Clauses:

52.203-98

Prohibition on Contracting With Entities that Require Certain Internal Confidentiality Agreements – Representation (FEB 2015)

(a) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further

Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), Government agencies are not permitted to use funds appropriated (or otherwise made available) under that or any other Act for contracts with an entity that requires employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(b) The prohibition in paragraph (a) of this provision does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(c) Representation. By submission of its offer, the Offeror represents that it does not require employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information .

(End of provision) mailto:rick.boyle@dot.gov mailto:shaukat.mirza@dot.gov

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52.203-99

Prohibition on Contracting With Entities that Require Certain Internal Confidentiality Agreements (FEB 2015)

(a) The Contractor shall not require employees or subcontractors seeking to report fraud, waste, or abuse to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(b) The contractor shall notify employees that the prohibitions and restrictions of any internal confidentiality agreements covered by this clause are no longer in effect.

(c) The prohibition in paragraph (a) of this clause does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(d) (1) In accordance with section 743 of Division E, Title VII, of the Consolidated and

Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), use of funds appropriated (or otherwise made available) under that or any other Act may be prohibited, if the Government determines that the Contractor is not in compliance with the provisions of this clause.

(2) The Government may seek any available remedies in the event the contractor fails to comply with the provisions of this clause.

(End of clause)

52.204-10

Reporting Executive Compensation and First-Tier Subcontract Awards

(Oct 2016)

(a) Definitions. As used in this clause:

“Executive” means officers, managing partners, or any other employees in management positions.

“First-tier subcontract” means a subcontract awarded directly by the Contractor for the purpose of acquiring supplies or services (including construction) for performance of a prime contract. It does not include the Contractor’s supplier agreements with vendors, such as long-term arrangements for materials or supplies that benefit multiple contracts and/or the costs of which are normally applied to a Contractor’s general and administrative expenses or indirect costs.

“Month of award” means the month in which a contract is signed by the Contracting Officer or the month in which a first-tier subcontract is signed by the Contractor.

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“Total compensation” means the cash and noncash dollar value earned by the executive during the Contractor’s preceding fiscal year and includes the following (for more information see 17 CFR 229.402(c)(2)):

(1) Salary and bonus.

(2) Awards of stock, stock options, and stock appreciation rights. Use the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Financial Accounting Standards Board’s Accounting Standards Codification (FASB ASC) 718, Compensation-Stock Compensation.

(3) Earnings for services under non-equity incentive plans. This does not include group life, health, hospitalization or medical reimbursement plans that do not discriminate in favor of executives, and are available generally to all salaried employees.

(4) Change in pension value. This is the change in present value of defined benefit and actuarial pension plans.

(5) Above-market earnings on deferred compensation which is not tax-qualified.

(6) Other compensation, if the aggregate value of all such other compensation (e.g., severance, termination payments, value of life insurance paid on behalf of the employee, perquisites or property) for the executive exceeds $10,000.

(b) Section 2(d)(2) of the Federal Funding Accountability and Transparency Act of 2006 (Pub.

L. 109-282), as amended by section 6202 of the Government Funding Transparency Act of 2008 (Pub. L. 110-252), requires the Contractor to report information on subcontract awards. The law requires all reported information be made public, therefore, the Contractor is responsible for notifying its subcontractors that the required information will be made public.

(c) Nothing in this clause requires the disclosure of classified information (d)(1) Executive compensation of the prime contractor. As a part of its annual registration requirement in the System for Award Management (SAM) database (FAR provision 52.204-7), the Contractor shall report the names and total compensation of each of the five most highly compensated executives for its preceding completed fiscal year, if—

(i) In the Contractor’s preceding fiscal year, the Contractor received—

(A) 80 percent or more of its annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants), cooperative agreements, and other forms of Federal financial assistance; and

(B) $25,000,000 or more in annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants), cooperative agreements, and other forms of Federal financial assistance; and

(ii) The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986.

(To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at http://www.sec.gov/answers/execomp.htm.)

(2) First-tier subcontract information. Unless otherwise directed by the contracting officer, or as provided in paragraph (g) of this clause, by the end of the month following the month of award of a first-tier subcontract with a value of $30,000 or more, the Contractor shall report the following information at http://www.fsrs.gov for that first-tier subcontract. (The Contractor shall follow the instructions at http://www.fsrs.gov to report the data.)

(i) Unique entity identifier for the subcontractor receiving the award and for the subcontractor’s parent company, if the subcontractor has a parent company.

(ii) Name of the subcontractor.

https://www.acquisition.gov/far/current/html/52_200_206.html#wp1137850 http://uscode.house.gov/lawrevisioncounsel.shtml http://www.sec.gov/answers/execomp.htm http://www.fsrs.gov/

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(iii) Amount of the subcontract award.

(iv) Date of the subcontract award.

(v) A description of the products or services (including construction) being provided under the subcontract, including the overall purpose and expected outcomes or results of the subcontract.

(vi) Subcontract number (the subcontract number assigned by the Contractor).

(vii) Subcontractor’s physical address including street address, city, state, and country.

Also include the nine-digit zip code and congressional district.

(viii) Subcontractor’s primary performance location including street address, city, state, and country. Also include the nine-digit zip code and congressional district.

(ix) The prime contract number, and order number if applicable.

(x) Awarding agency name and code.

(xi) Funding agency name and code.

(xii) Government contracting office code.

(xiii) Treasury account symbol (TAS) as reported in FPDS.

(xiv) The applicable North American Industry Classification System code (NAICS).

(3) Executive compensation of the first-tier subcontractor. Unless otherwise directed by the Contracting Officer, by the end of the month following the month of award of a first-tier subcontract with a value of $30,000 or more, and annually thereafter (calculated from the prime contract award date), the Contractor shall report the names and total compensation of each of the five most highly compensated executives for that first-tier subcontractor for the first-tier subcontractor’s preceding completed fiscal year at http://www.fsrs.gov , if—

(i) In the subcontractor’s preceding fiscal year, the subcontractor received—

(A) 80 percent or more of its annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants), cooperative agreements, and other forms of Federal financial assistance; and

(B) $25,000,000 or more in annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants), cooperative agreements, and other forms of Federal financial assistance; and

(ii) The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986.

(To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at http://www.sec.gov/answers/execomp.htm.)

(e) The Contractor shall not split or break down first-tier subcontract awards to a value less than $30,000 to avoid the reporting requirements in paragraph (d) of this clause.

(f) The Contractor is required to report information on a first-tier subcontract covered by paragraph (d) when the subcontract is awarded. Continued reporting on the same subcontract is not required unless one of the reported data elements changes during the performance of the subcontract. The Contractor is not required to make further reports after the first-tier subcontract expires.

(g)(1) If the Contractor in the previous tax year had gross income, from all sources, under $300,000, the Contractor is exempt from the requirement to report subcontractor awards.

(2) If a subcontractor in the previous tax year had gross income from all sources under $300,000, the Contractor does not need to report awards for that subcontractor.

(h) The FSRS database at http://www.fsrs.gov will be prepopulated with some information from SAM and FPDS databases. If FPDS information is incorrect, the contractor should notify http://www.fsrs.gov/ http://www.sec.gov/answers/execomp.htm

Page | 13 the contracting officer. If the SAM database information is incorrect, the contractor is responsible for correcting this information.

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 shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days from the end of the Period of Performance.

52.222-25

Affirmative Action Compliance (Apr 1984)

The offeror represents that --

(a) It __ has developed and has on file, __ has not developed and does not have on file (please check one), at each establishment, affirmative action programs required by the rules and regulations of the Secretary of Labor (41 CFR 60-1 and 60-2); or

(b) It __ has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.

(End of Provision)

52.252-1

Solicitation Provisions Incorporated by Reference (Feb 1998)

This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

• http://acquisition.gov/far

• http://farsite.hill.af.mil/vftara.htm http://acquisition.gov/far http://farsite.hill.af.mil/vftara.htm

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TAR CLAUSE INCORPORATED BY REFERENCE

1252.242-72 Dissemination of Contract Information (Oct 1994)

TAR CLAUSES IN FULL TEXT

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.

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.

Contractor Policy To Ban Text Messaging While Driving

a) Definitions. The following definitions are intended to be consistent with the definitions in

DOT

Order 3902.10 and the E.O. For clarification purposes, they may expand upon the definitions in the E.O."Driving"-

(1) Means operating a motor vehicle on a roadway, including while temporarily stationary because of traffic, a traffic light, stop sign, or otherwise.

(2) It does not include being in your vehicle (with or without the motor running) in a location off the roadway where it is safe and legal to remain stationary.

http://www.trafficsafety.org/

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"Text messaging" means reading from or entering data into any handheld or other electronic device, including for the purpose of short message service texting, e-mailing, instant messaging, obtaining navigational information, or engaging in any other form of electronic data retrieval or electronic data communication. (See definition in DOT Order 3902.10)

(b) In accordance with Executive Order 13513, Federal Leadership on Reducing Text Messaging While Driving, October 1,2009, and DOT Order 3902.10, Text Messaging While Driving, December 30,2009, contractors and subcontractors are encouraged to:

(1) Adopt and enforce workplace safety policies to decrease crashes caused by distracted drivers including policies to ban text messaging while driving--

(i) Company-owned or -rented vehicles or Government-owned, leased or rented vehicles; or

(ii) Privately-owned vehicles when on official Government business or when performing any work for or on behalf of the Government.

(2) Conduct workplace safety initiatives in a manner commensurate with the size of the business, such as-

(i) Establishment of new rules and programs or re-evaluation of existing programs to prohibit text messaging while driving; and

(ii) Education, awareness, and other outreach to employees about the safety risks associated with texting while driving.

(c) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts that exceed the micro-purchase threshold, other than subcontracts for the acquisition of commercially available off-the-shelf items.

PHMSA Provisions 811 Call Before You Dig Program (JUN 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:

1. Make a free call to 811 a few days before digging.

2. Wait the required time – which is prescribed in state law but generally two to three days.

3. Locate/mark the utilities accurately. (This step applies to underground facility/utility owners.)

4. Respect the marks.

5. Dig with care.

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

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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.

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.

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.”

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

Page | 17 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 nonclassified Government systems. This requirement does not restrict PHMSA contractor employee access to non-classified, publicly available news reports (and other nonclassified 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.

Suspended/Debarred/Delinquent Federal Debt PHMSA (March 2016)

- Awardee is prohibited from making sub-awards to suspended or debarred entities

- Awardee is required to check the Federal Government's System for Award Management (SAM) at www.sam.gov to determine whether the SAM entity record indicates a “Yes” answer to either “Has Active Exclusion?” or “Delinquent Federal Debt?” If a “Yes” answer is discovered, stop the award process, and inform the PHMSA contract specialist.

In that case, awardee may not make a sub-award unless approved in writing by the PHMSA Senior Contracting Officer.

- Awardee is required to maintain a hard copy of the record of the SAM search of the

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Sustainable Acquisition Requirements

“The Department of Transportation (DOT) developed a Strategic Sustainability Performance Plan (SSPP) which is designed to enhance the mission of sustainability through cost effective acquisitions. Our goal is to achieve compliance by reducing resource consumption and solid and hazardous waste generation. This SSPP applies to all acquisitions and contracting mechanisms used by PHMSA. Contractors are highly encouraged to supply or use products and services that are environmentally preferable, energy efficient, contain recycled content or bio-based materials.”

END OF PROVISIONS AND CLAUSES

BAA Appendix A

(RM) Risk Management and Mitigation

Topic Number Title

RM-1 Identify and Define the Risk Associated with Natural Gas Hydrate

(NGH) Handling and Packaging in Transportation

RM-2 Shock, Impact, and Associated Data Related to the Transportation

Charge Storage (e.g. capacitors, batteries etc.) Devices for

Understanding Safety Risks

RM-3

Improve Performance, Properties, and Protection Inherent in HM

Packaging During Transportation

RM-4 Mitigating the Risks and Consequences Associated with HM Packaging

Rupture

(ET) Emerging Technologies

ET-1 Investigate the Removal of Inherent Hazards Associated with Energy

Products (e.g. crude oil, methane, etc.) Transportation

ET-2 Hazards Associated with the Transportation of Emerging Energy and

Charge Storage (e.g. capacitors, batteries etc.) Technologies

ET-3 Investigate the Development of “Smart Technology” or Other

Hazardous Communication Technology for HM Transporters, First

Responders, HM Inspectors, and Other Stakeholders

ET-4 Exploration of the Issues, Development, and Potential Hazards

Associated with the Transport of HM by Unmanned and Autonomous

Vehicles in Various Modes

ET-5 Development of a New and Comprehensive Classification of the

Dangers Associated with the Transportation of Novel Materials such as

Nanoparticles, Aerosols, Nanotubes

(PI) Package Integrity

PI-1 Packaging and Standards for the Transportation of Infectious Waste

Byproducts, Bulk Waste, Personal Protective Equipment (PPE), Clean-up Waste

PI-2 Development of New Materials for Packaging Performance

Improvement

PI-3 Propose New Standards for Non-Bulk Packaging Transportation

PI-4 Development of Standards and Technical Parameters of Novel Materials for Bulk Packaging Transportation

(TA) Technical Analysis to Aid Risk Assessments

TA-1 Comprehensive Spill Model for Possible Incidents Associated with Bulk

LNG Transportation

TA-2 Classification and Transportation of Defective and Damaged Charge

Storage Devices

TA-3 Research the Classification, Storage, Packaging, etc. of Polymerizing

Materials During Transportation

TA-4 Classification and Research of the Transportation of Bio-Derived Fuel

• Risk Management and Mitigation (RM) – alleviate the adverse consequences of hazardous material HM transport incidents by reducing the probability of incidents within the transportation network.

• Emerging Technologies (ET) – identify and access past, existing, and emerging technologies to improve transport safety and minimize transport risks.

• Package Integrity (PI) – prevent and reduce HM incidents resulting from package failures through improving standards related to manufacturing, testing, evaluating, and inspections

• Technical Analysis to Aid Risk Assessments (TA) – identify gaps and vulnerabilities in the transport systems and improve safety, prevent fatalities, and minimize injuries by addressing these system and program weaknesses

RM-1 - Title: Identify and Define the Issues Associated with Natural Gas Hydrate (NGH)

Handling and Packaging in Transportation

Natural gas (NG, Methane) is typically found in deep underground geological formations or associated with other hydrocarbon reservoirs and is accompanied by a variety of other gases such as carbon dioxide and hydrogen sulfide. NG is typically transported in gaseous or liquid form nationally for a variety of end uses. The medium for the transportation of methane in these forms range from pipeline, truck, train, and barge. Methane can be found in solid form as a clathrate hydrate (Natural Gas Hydrate, NGH) in which a large amount of methane is bound within a crystal structure of water forming a solid structure similar to ice. NGHs are a more abundant and untapped source of methane but is retrieved in a different physical state and to the traditional methane retrieval. As a result, there is a need for a reliable body of knowledge to address the handling, storage, and packaging of NGH for safe and environmentally responsible transportation. Additionally, analysis and research of the NGH resource cycle, through production and transport to use is required to lower risk, increase energy security, and guide regulation. Knowledge about characteristics, chemical properties, etc. is obligatory for informing safe transportation with low environmental impact.

RM-2 - Title: Shock, Impact, and Associated Data Related to the Transportation Charge

Storage Devices

Due to recent high profile news events involving the fires due to the transportation of bulk quantities of Li-ion batteries (LIBs) there is a definite need to understand the failure issues and events that lead to a thermal event. Internal shorts and the resultant thermal behavior during transportation can be attributed to extreme force or shock applied to the LIB package. This behavior can be exacerbated if the shock is inflicted upon a LIB that happens to have some latent defects not detected by the manufacturer. Definitely more manufacturer oversite will be useful but this will not eliminate the risk associated with internal shorts and other thermal events resulting from shock.