V3331026_17Q80090_T's_&_C's.pdf

Request for Quote No. DTRT5717Q80071

52.203-98, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements- Representation (DEVIATION 2015-02)

Insert the following provision in all solicitations that will use Federal funds, including solicitations for the acquisition of commercial items under FAR part 12.

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)

Request for Quote No. DTRT5717Q0090

52.232-40 Providing Accelerated Payments to Small Business Subcontractors.

PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (DEC 2013)

(a) Upon receipt of accelerated payments from the Government, the Contractor shall make accelerated payments to its small business subcontractors under this contract, to the maximum extent practicable and prior to when such payment is otherwise required under the applicable contract or subcontract, after receipt of a proper invoice and all other required documentation from the small business subcontractor.

(b) The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act.

(c) Include the substance of this clause, including this paragraph (c), in all subcontracts with small business concerns, including subcontracts with small business concerns for the acquisition of commercial items.

RTV6DF.23 3/08

APPENDIX A

Request for Quotation (RFQ) No. DTRT5717Q80090

VOLPE CENTER/ACQUISITION DIVISION (AD)

TERMS AND CONDITIONS—SIMPLIFIED ACQUISITIONS

[REMINDER: Offerors and Contractors may obtain information on central contractor registration and annual confirmation requirements via the internet at http://www.ccr.gov or by calling 1-888-227-2423, or 269-961-5757.]

FAR 52.213-4 Terms and Conditions – Simplified Acquisitions (JAN 2017) (Other Than Commercial Items)

(c) FAR 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 these address(es):

www.arnet.gov/far; www.dot.gov/ost/m60/tamtar; farsite.hill.af.mil/vffar.htm.

[DELETE: 52.232-34 as the Volpe Center Payment Office uses the SAM database.]

FAR 52.204-7 System for Award Management (SAM) OCT 2016 The following clauses marked with an “X” also apply to this RFQ/award. Those clause fill-ins noted with an asterisk (*) require completion by the contractor. Otherwise the Government is required to complete all fill-ins.

NUMBER TITLE DATE

52.204-9 Personal Identity Verification of Contractor Personnel SEP 2007 52.207-5 Option to Purchase Equipment FEB 1995 52.211-16 Variation in Quantity APR 1984

____% Increase, _____% Decrease Applies to:____________________

52.213-2 Invoices APR 1984 52.213-3 Notice to Supplier APR 1984 52.217-6 Option For Increased Quantity MAR 1989

Insert the period of time for exercising the option:

Within 30 days before the contract expires.

52.217-8 Option to Extend Services NOV 1999 The written notice to exercise the option will be issued within: 30 days before the contract expires.

52.217-9 Option to Extend the Term of the Contract MAR 2000 Insert the period of time within which the CO may exercise the option and give preliminary written notice:

30 and 60 days respectively before the contract expires

(c) _____ [Insert the total duration of the contract.]

52.219-3 Notice of Total HUBZone Set-Aside JAN 1999 52.219-6 Notice of Total Small Business Set-Aside JUN 2003

Alternate I OCT 1995 52.219-27 Notice of Total Service-Disabled Veteran-Owned Small MAY 2004

Business Set Aside 52.222-29 Notification of Visa Denial JUN 2003 52.222-43 Fair Labor Standard Act and Service Contract Act- NOV 2006

Price Adjustment (Multiple Year and Option Contracts)

52.222-43 Fair Labor Standard Act and Service Contract Act- NOV 2006 Price Adjustment (Multiple Year and Option Contracts)

52.222-50 Combating Trafficking in Persons MAR 2015

52.223-6 Drug Free WorkPlace MAY 2001

(Individuals) 52.223-12 Refrigeration Equipment And Air Conditioners MAY 1995 52.223-16 IEEE 1680 Standard for the Environmental Assessment of DEC 2007

Personal Computer Products Alternate I

52.223-18 Encouraging Contractor Policies to Ban Text Messaging AUG 2011 While Driving

52.224-1 Privacy Act Notification APR 1984 52.224-2 Privacy Act APR 1984 52.225-3 Buy American Act-Free Trade Agreements -

Israeli Trade Act AUG 2007 Alternate I JAN 2004

Alternate II JAN 2004 52.225-19 Contractor Personnel in a Designated Area or Supporting a MAR 2008

Diplomatic or Consular Mission Outside the United States 52.227-14 Rights in Data-General MAY 2014

(Including Alternates IV) 52.227-19 Commercial Computer Software-License DEC 2007 52.227-23* Rights to Proposal Data (Technical) JUN 1987

Insert page numbers excluded from unlimited Government Rights: *Except for data contained on pages _________ Insert date of proposal:* Proposal dated ______________

52.232-2 Payments Under Fixed-Price Research and Development Contracts APR 1984

52.232-18 Availability of Funds APR 1984 52.237-2 Protection of Government Buildings, Equipment, APR 1984 and Vegetation 52.245-1 Government Property, Alt II JUN 2007 52.245-9 Use and Charges JUN 2007 52.246-1 Contractor Inspection Requirements APR 1984 52.246-16 Responsibility for Supplies APR 1984 52.247-35 F.O.B. Destination, Within Consignee’s Premises APR 1984 52.249-5 Termination for the Convenience of the Government AUG 2016

(Educational and Other Non-Profit Institutions)

OTHER FAR CLAUSES which apply to this award.

52.243-1 Changes – Fixed Price, Alt V APR 1984 52.222-6 Davis-Bacon Act JUL 2005 52.222-7 Withholding of Funds FEB 1998 52.222-8 Payroll and Basic Records FEB 1998 52.222-9 Apprentices and Trainees JUL 2005 52.222-10 Compliance with Copeland Act Requirements FEB 1988 52.222-11 Subcontracts (Labor Standards) JUL 2005 52.222-12 Contract Termination-Debarment FEB 1988 52.222-13 Compliance with Davis-Bacon and Related Acts FEB 1988

Regulations 52.222-14 Disputes Concerning Labor Standards FEB 1988 52.222-15 Certificate of Eligibility FEB 1988 52.228-7 Insurance-Liability to Third Persons MAR 1996 52.228-15 Performance and Payment Bonds-Construction NOV 2006 52.232-40 Providing Accelerated Payments to Small Business DEC 2013

Subcontractors

52.236-2 Differing Site Condition APR 1984 52.236-9 Protection of Existing Vegetation, Structures , APR 1984

Equipment, Utilities, and Improvements 52.236-11 Use and Possession Prior to Completion APR 1984 52.236-12 Cleaning Up APR 1984 52.236-13 Accident Prevention NOV 1991 52.236-21 Specifications and Drawings of the Work APR 1984

52.222-42 -- Statement of Equivalent Rates for Federal Hires (MAY 1989)

In compliance with the Service Contract Act of 1965, as amended, and the regulations of the Secretary of Labor (29 CFR Part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C. 5341 or 5332.

This Statement is for Information Only:

It is not a Wage Determination

52.223-11 -- Ozone-Depleting Substances (MAY 2001)*

(a) Definition. "Ozone-depleting substance," as used in this clause, means any substance the Environmental Protection Agency designates in 40 CFR Part 82 as--

(1) Class I, including, but not limited to, chlorofluorocarbons, halons, carbon tetrachloride, and methyl chloroform; or

(2) Class II , including, but not limited to hydrochlorofluorocarbons.

(b) The Contractor shall label products which contain or are manufactured with ozone-depleting substances in the manner and to the extent required by 42 U.S.C. 7671j (b), (c), and (d) and 40 CFR Part 82, Subpart E, as follows:

Warning Contains (or manufactured with, if applicable) *____________________________________________, a substance(s) which harm(s) public health and environment by destroying ozone in the upper atmosphere.

* The Contractor shall insert the name of the substance(s).

Transportation Acquisition Regulation (48 CFR CHAPTER 12) Clauses (TAR Clauses incorporated by reference)

NUMBER TITLE DATE

1252.211-70 Index for Specifications APR 2005 1252.222-70 Strikes or Picketing Affecting Timely Completion OCT 1994 of the Contract Work 1252.222-71 Strikes or Picketing Affecting Access to a DOT OCT 1994

Facility 1252.223-70* Removal or Disposal of Hazardous Substances- DEC 1997

Applicable Licenses and Permits *Offeror completes certification:

The Contractor certifies that is has *___ does not have *___ all licenses and permits required

Employee Class Monetary Wage -- Fringe Benefits by Federal, state and local laws to perform hazardous substance(s) removal or disposal services.

[Insert period of time for obtaining all requisite licenses and permits] _____ days after award.

1252.223-71 Accident and Fire Reporting APR 2005 1252.223-72 Protection of Human Subjects APR 2005 1252.228-70 Loss of or Damage to Leased Aircraft DEC 1997 1252.228-71 Fair Market Value of Aircraft OCT 1994

[Insert fair market value] (a) $_____________ 1252.228-72 Risk and Indemnities DEC 1997 1252.236-70 Special Precautions for Work at Operating Airports OCT 1994 1252.237-70 Qualifications of Contractor Employees APR 2005 1252.237-71* Certification of Data APR 2005

*Offeror completes certification:

Signature:_____________________________________

Date:_________________________________________

Typed Name and Title:

Company Name:________________________________

1252.237-72 Prohibition on Advertising JAN 1996 1252.237-73* Key Personnel *(list below) APR 2005

1252.239-70 Security Requirements for Unclassified Information APR 2005 Technology Resources

1252.239-71 Information Technology Security Plan and Accreditation APR 2005 1252.242-71 Contractor Testimony OCT 1994 1252.242-72 Dissemination of Contract Information - Education InstitutionsOCT 1994

(Applies to research results only) 1252.242-73 Contracting Officer’s Technical Representative OCT 1994

Other TAR Clauses which apply to this award:

1252.242-70 Dissemination of Information - Educational Institutions OCT 1994 (Applies to research results only)

1252.219-71 Section 8(a) Direct Awards (APR 2005)

(a) This contract is issued as a direct award between the contracting activity and the 8(a) contractor pursuant to the Partnership Agreement between the Small Business Administration (SBA) and the Department of Transportation. SBA does retain responsibility for 8(a) certification, 8(a) eligibility determinations and related issues, and providing counseling and assistance to the 8(a) contractor under the 8(a) program. The responsible SBA district office is:

(b) The contracting activity is responsible for administering the contract and taking any action on behalf of the Government under the terms and conditions of the contract. However, the contracting activity shall give advance notice to the SBA before it issues a final notice terminating performance, either in whole or in part, under the contract. The contracting activity shall also coordinate with SBA prior to processing any novation agreement. The contacting activity may assign contract administration functions to a contract administration office.

(c) The contractor agrees:

(1) To notify the Contracting Officer, simultaneous with its notification to SBA (as required by SBA's 8 (a) regulations), when the owner or owners upon whom 8(a) eligibility is based plan to relinquish ownership or control of the concern. Consistent with 15 U.S.C. 637(a)(21), transfer of ownership or control shall result in termination of the contract for convenience, unless SBA waives the requirement for termination prior to the actual relinquishing of ownership and control.

(2) To adhere to the requirements of 52.219-14, Limitations on Subcontracting.

APPENDIX B

Request for Quotation (RFQ) No. DTRT5717Q80071

VOLPE CENTER/ACQUISITION DIVISION (AD)

PROVISIONS AND REPRESENTATIONS —SIMPLIFIED ACQUISITIONS

The following provisions marked with an “X” apply to this award. Those provision fill-ins noted with an asterisk (*) require completion by the contractor. Otherwise the Government is required to complete the fill-in.

FAR 52.204-8 Annual Representations and Certifications.

Annual Representations and Certifications (Jan 2017)

(a)

(1) The North American Industry classification System (NAICS) code for this acquisition is 541690.

(2) The small business size standard is $15.0.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b)

(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the provision at 52.204-7 is not included in this solicitation, and the offeror is currently registered in the System for Award Management (SAM), and has completed the Representations and Certifications section of SAM electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certification in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:

[_] (i) Paragraph (d) applies.

[_] (ii) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c)

(1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements— Representation. This provision applies to all solicitations.

(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.

(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(vi) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations—Representation.

(vii) 52.209-5; Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(viii) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.

(ix) 52.214-14, Place of Performance--Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(x) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(xi) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(xii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

(xiii) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xiv) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xv) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.

(xvi) 52.222-57, Representation Regarding Compliance with Labor Laws (Executive Order 13673). This provision applies to solicitations expected to exceed $50 million which are issued from October 25, 2016 through April 24, 2017, and solicitations expected to exceed $500,000, which are issued after April 24, 2017.

Note to paragraph (c)(1)(xvi): By a court order issued on October 24, 2016, 52.222-57 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.

(xvii) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

(xviii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA- designated items.

(xix) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals—Representation. This provision applies to solicitations that include the clause at 52.204-7.

(xx) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xxi) 52.225-4, Buy American--Free Trade Agreements--Israeli Trade Act Certificate. (Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225- 3.

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.

(C) If the acquisition value is $50,000 or more but is less than $77,533, the provision with its Alternate II applies.

(D) If the acquisition value is $79,507 or more but is less than $100,000, the provision with its Alternate III applies.

(xxii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.

(xxiii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan--Certification. This provision applies to all solicitations.

(xxiv) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certification. This provision applies to all solicitations.

(xxv) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.

(2) The following representations or certifications are applicable as indicated by the Contracting Officer:

[Contracting Officer check as appropriate.]

___ (i) 52.204-17, Ownership or Control of Offeror.

___ (ii) 52.204-20, Predecessor of Offeror.

___ (iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

___ (iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Certification.

___ (v) 52.222-52 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Certification.

___ (vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA-Designated Products (Alternate I only).

___ (vii) 52.227-6, Royalty Information.

___ (A) Basic.

___ (B) Alternate I.

___ (viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The offeror has completed the annual representations and certifications electronically via the SAM Web site accessed through https://www.acquisition.gov . After reviewing the SAM database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR Clause Title Date Change

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM.

(End of Provision)