Attachment_A_-_Clauses.docx

PHMSA RFQ #DTPH5617Q00013

“Internet Services for Training & Qualifications Center in Oklahoma City, OK”

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

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

A. FEDERAL ACQUISITION REGULATIONS (FAR)

A.1 FAR Clauses Incorporated by Reference 52.204-13 – System for Award Management Maintenance (Jul 2013) 52.212-4 – Contract Terms and Conditions – Commercial Items (May 2015)52.219-28 Post-Award Small Business Program Rerepresentation (JUL 2013) 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) 52.232-39 – Unenforceability of Unauthorized Obligations (June 2013) 52.232-40 – Providing Accelerated Payments to Small Business Subcontractors (Dec 2013) 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.

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. SECURITY REQUIREMENTS

D.1 811, 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.