Final RFQ.pdf

693JJ621Q000009

SECTION B

SERVICES AND PRICES/COSTS

B.1 SCHEDULE

FRA Labor Category Contractor’s Equivalent Labor

Categories Discounted Rate

Hours

Total

Base Year

Communications Consultant 1920

Option Year One (1)

Communications Consultant 1920

Option Year Two (2)

Communications Consultant 1920

Total for all years

B.2 ORDER CEILING PRICE

A ceiling price will be established prior to award. The contractor exceeds those ceiling prices at its own risk.

(a) The maximum ceiling for this labor hour order is $X.XX.

(b) Orders shall not exceed the maximum ceiling price within the base year performance period or within any option year of contract performance, nor the cumulative total maximum contract price, as set forth in Section B.1 Schedule above unless specifically authorized by the Contracting Officer (CO).

(c) In the event that fewer direct labor hours or estimated costs are used by the contractor in accomplishing the prescribed work under individual orders than were obligated by the executed orders, and the Government has not invoked its rights under the clause FAR 52.249-6 entitled, “Termination (Cost Reimbursement),” to adjust the contract for such reduced effort, an equitable adjustment shall be made in the estimated cost, fixed fee, and other affected contract provisions in accordance with the procedures provided for in the “Changes” clause included herein. The parties agree that any downward adjustment shall be proportionate to the initial order obligation.

(d) The Contractor shall notify the Contracting Officer and the Contracting Officer

Representative (COR) whenever it has reason to believe that the costs it expects to incur within the next 30 days will exceed 75% of the total incrementally funded ceiling amount obligated to this order.

SECTION C

STATEMENT OF OBJECTIVE

C.1 BACKGROUND

FRA seeks assistance in supporting its internal communication strategic plan and developing communications materials. This strategic plan is intended to reach and support the needs of the FRA workforce nationwide. The FRA workforce is currently comprised of approximately 884 employees (2/3rds of which are outside the Washington, DC, metropolitan area). Additionally, many employees are considered “mobile” workers and thus may require additional consideration in the communications channels utilized (e.g., mobile-device-friendly, screen-readable, low-bandwidth in areas with reduced mobile reception).

No travel is required for the Contractor.

C.2 OBJECTIVES

FRA is looking to enhance the performance of its workforce through targeted communications products.

Specifically, FRA is looking to support the following goals:

• Promote consistent performance of the FRA workforce through improved access to current information about FRA initiatives, programs, policies, and materials.

• Improve employee awareness, understanding, and ownership of the FRA mission, vision, and priorities.

• Increase awareness and understanding of recent developments, initiatives, and newsworthy rail-related events.

• Facilitate knowledge transfer to the workforce from senior leadership through various channels, including town halls, messages, surveys, presentations, and other media.

The successful Offeror will be expected to support the FRA internal communication strategic plan, identify and recommend opportunities to strengthen and improve communication, and plan, develop, and coordinate agreed-upon communications products.

• The contractor will prepare oral and written communications products for various purposes (e.g., informative, persuasive) to convey information from senior leadership to all levels of the workforce. Written communications products will include news articles, feature stories, announcements, and updates for employee intranet.

• The contractor may be asked to conduct interviews, lead focus groups, prepare and distribute surveys, and engage with the workforce and leadership in various ways to understand projects, initiatives, and programs and to gather information and input from the workforce. The contractor will be expected to work with various personnel to effectively understand FRA’s current communication practices, recent program and workforce initiatives, and available communication channels and platforms. All communications with FRA personnel will be at the direction of the COR.

• The contractor will provide graphics and visual design support and will prepare, design, and deliver graphics, presentations, one-pagers, and other visual materials for senior leadership review, approval, and discussion.

• The contractor will support the creation, revision, and publication of video messages and audio messages (e.g., voicemails, podcasts) from senior leadership to the workforce. The contractor will use various tools and technologies to support the technical coordination of live and recorded town hall video/audio meetings.

• The contractor will develop, update, and maintain webpages using SharePoint online and content management systems (CMS) interfaces and tools (e.g., WordPress, Drupal).

• The contractor will work independently to prepare all deliverables for review by FRA personnel.

All communications will be reviewed and approved by FRA management prior to distribution.

C.3 TASKS

TRANSITION ACTIVITIES (Beginning of Order/End of Order)

The Contractor shall provide services needed to assist in a smooth and orderly transition between the incumbent Contractor and a successor Contractor to ensure minimum disruption to vital Government business. These services may include, but are not limited to: data and other file transfer, material transfer, coordination with existing Contractor, and other activities to assist in an orderly transfer and establishment of continued operation of the contract services. The Contractor shall cooperate fully in the transition.

C.5 POSITION DUTIES AND MINIMUM QUALIFICATIONS

• Minimum of 8 years of experience in the field of communications (both written and oral). Skilled in determining the most appropriate method of delivery for the intended audience and type of communications.

• Experience completing tasks independently, tracking progress toward completion, providing status updates as requested, and working on a variety of tasks simultaneously.

• Experience in generating topics for communication products, identifying reliable sources for information (e.g., FRA subject matter experts, publications), gathering information through interviews and discussion, compiling initial drafts, and coordinating communications projects.

Able to clearly communicate complex public information in a variety of formats to a variety of audiences.

• Experience using Microsoft PowerPoint to design and update presentations; knowledgeable about using Slide Master to create slide styles and templates.

• Experience providing graphic design support (e.g., Photoshop, Publisher, Illustrator, InDesign) and creating and modifying graphical communications (e.g., images, graphics, illustrations, banners, logos, templates). Able to convey visual elements using text descriptions and accurately translate text into visual elements.

• Experience with Adobe suite of tools (Acrobat, Reader, PDF Maker) to compile, cross-reference, and publish PDF files with tables of contents, hyperlinks, and web-friendly functionality.

• Experience with Microsoft Word features including Track Changes and Comments.

• Experience with Microsoft Excel to create, modify, and insert basic charts, tables, and graphs.

• Familiarity with content management systems (CMS) interfaces and tools (e.g., WordPress, Drupal), SharePoint, and web content management best practices.

• Experience leveraging audio/video tools for live and recorded events. Tools may include Zoom, Microsoft Teams, Zoom, Microsoft Stream, YouTube, podcast platforms, embedded video messaging and other technologies. Experience creating, hosting, recording, and sharing video meetings. Experience creating accessible content supports (e.g., transcripts, captions).

• Experience implementing Section 508 compliance (e.g., tagging, captions) for accessibility supports and working with disability SMEs to implement desired supports.

C.6 DELIVERABLES

Weekly Progress Report

The Contractor shall produce a weekly progress report that lists all the work completed in the previous week and work in progress. This project report shall identify key milestones in the completion of all tasks. This report shall also identify the hours expended each week for the tasks in progress and identify the total hours used for the completion of any task. Finally, this report should identify when the task was directed and by which FRA employee.

The weekly report shall be delivered via e-mail in MS Word format to the COR by COB each Monday.

Communications Products

Due dates will be determined via discussion with the Contractor and assigned by the COR as part of contract administration.

• Written communications products (e.g., web articles, fact sheets, email messages, newsletter messages, talking points, scripts, remarks, speeches) in tune with the FRA voice and tone.

• Audio/video communications products (e.g., podcasts, video messages, town hall meetings).

• Graphic design support (e.g., images, graphics, illustrations, banners, logos, templates).

SECTION D

PACKING AND MARKING

N/A

SECTION E

INSPECTION AND ACCEPTANCE

Satisfactory completion of work under this contract shall be indicated by written receipt of such work by the CO or the designated COR. Taking physical delivery of deliverable items shall not constitute acceptance.

52.212-4 Contract Terms and Conditions –Commercial Items Alternate I

SECTION F

DELIVERIES AND PERFORMANCE

F.1 POST AWARD EVALUATION OF CONTRACTOR PERFORMANCE

a. Contractor Performance Evaluations

Interim and final evaluations of contractor performance will be prepared on this contract in accordance with FAR 42.15. The final performance evaluations will be prepared as soon as possible after completion of all required work and contract term.

Interim and final evaluations will be provided to the contractor as soon as practicable after completion of the evaluation. The contractor may elect to review the evaluation and submit additional information or a rebuttal statement within thirty (30) days. Any contractor response is voluntary. Any disagreement between the parties regarding an evaluation will be referred to an individual one level above the Contracting Officer, whose decision is final.

Copies of the evaluations, contractor responses and review comments, if any, will be retained as part of the contract file and may be used to support future award decisions.

b. Electronic Access to Contractor Performance Evaluations

The U.S. Department of Transportation utilizes the Contractor Performance Assessment Reporting System (CPARS) to record and maintain interim and final past performance information.

Contractors that have Internet capability may access evaluations through a secure Web site for review and comment by completing the registration form that can be obtained at the following URL:

https://www.cpars.gov/.

The registration process requires the contractor to identify an individual that will serve as a primary contact and who will be authorized access to the evaluation for review and comment. In addition, the contractor will be required to identify a secondary contact who will be responsible for notifying the cognizant contracting official in the event the primary contact is unavailable to process the evaluation within the required 30-day period. Once the contractor is registered and a performance evaluation has https://www.cpars.gov/ been prepared and is ready for comment, the CPARS will send an email to the contractor representative notifying that individual that a performance evaluation is electronically available for review and comment.

F.2 PERIOD OF PERFORMANCE

(a) Base Period of Performance (Term): The period of performance for the base period shall be one (1) year commencing from the effective date of the contract.

(b) Option Periods of Performance (Term): The periods of performance for each of the two (2) options, if exercised by the Government, shall be twelve (12) months. Each option period, if exercised, will commence on the day after the expiration of the previous period of performance.

(c) The FRA has a unilateral right to extend the term of the contract through the exercise of one or more of the one-year option periods, in accordance with FAR clause 52.217-9, Option to Extend the Term of the Contract. If FRA exercises all options, the total period of performance for this contract will be forty

(42) months from the effective date of the contract.

F.4 PLACE OF PERFORMANCE/HOURS OF OPERATION

Work is to be completed on site, except in extenuating circumstances when fulltime telework will be followed, at the Department of Transportation, Federal Railroad Administration offices at 1200 New Jersey Avenue S.E., or at the contractor’s pre-approved telework location, over a secure network, and on a DOT-issued or VDI-equipped computer.

Hours:

The Contractor is responsible for conducting business Monday through Friday for a period of 8 hours plus one-half hour lunch period between the hours of 8:00 a.m. and 6 p.m. Monday thru Friday except on Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. In the event the Government is closed due to inclement weather; the Contractor shall continue business as usual. The Contractor is expected to be telework ready (as long as a signed approved telework agreement is in place) when the Government is closed for weather related instances, otherwise personnel should take leave. The Contractor shall communicate with the COR when the Government is closed for weather related instances. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce are essential.

Flex Hours:

Permissible under these conditions: When contractor is on-site/off-site, they should not work more than an 8-hour day without express approval of the COR.

Additional hours (more than 8 hours per day):

Days over 8 hours may be permitted on one of 2 conditions:

• Upon receipt of a documented email request from the COR.

• If the contractor realizes that a time-sensitive project will take longer than expected to complete, they must immediately notify the COR to indicate what project(s) they are working on and how much longer they anticipate it will take to complete. The COR must follow up with an email within 24 hours to verify that the additional hours are approved. If the COR does not verify that the additional hours worked were approved (i.e. necessary for project completion), the contractor will not be paid for the additional time.

NOTE: In both of these cases, the contractor shall send an email to the COR to indicate the actual time of project completion. The COR will use this information to verify accuracy of invoices submitted.

• If individual circumstances require that a contractor works longer than 8 hours (permissible only under the circumstances above) during a workday, they may be permitted to arrive late or leave early within the same invoicing period, provided that:

1) the time absent from the office is equal to the number of additional hour(s) worked;

2) the arrangement is requested by the contractor on the day that the additional hours are worked; and

3) the contractor has received approval from the OR prior to arriving late/leaving early.

This prior approval is necessary to verify that the contractor’s absence will not disrupt the workflow for that day.

In any circumstance, the contractor shall send an email to the COR to indicate the actual time of project completion. The COR will use this information to verify accuracy of invoices submitted.

• If individual circumstances require that a contractor works fewer than 8 hours during a workday, they may be permitted to make up the time (up to the 8-hour workday limit) COR.

F.5 REPORT OF PROBLEMS

The contractor shall bring actual or potential problems under the contract to the attention of the COR and the Contracting Officer as soon as they are known. Oral reports shall be followed by written reports within 3 working days.

F.6 PERSONNEL REPORTING

The contractor shall submit two reports. First, on a monthly basis, the contractor shall submit a report with the names of the contractor employees with DOT headquarters access badges to the COR and Terry Weems.

Second, on a weekly basis, the contractor shall submit to the COR a report containing the hours worked.

F.7 ORGANIZATIONAL CHART UPDATES

The contractor shall promptly notify the CO and COR of any changes in the contractor's organizational structure or changes in authority. A revised organization chart shall be submitted as required.

F.8 ON-SITE CONTRACTOR MONTHLY PERSONNEL REPORT

Government Issued Contractor Identification:

The contractor is responsible for the prompt return of DOT/FRA identification (ID) issued by the Department of Transportation on behalf of the Federal Railroad Administration (FRA) to contractor personnel including ID permitting entrance into government buildings. Government issued ID must be surrendered immediately when no longer required for contract performance. Failure to do so may result in delay of payment or reduction in payment for work performed. It is required that the contractor shall reconcile, on a monthly basis, the inventory of Government issued ID and employees on their staff in possession of such government ID serving on a FRA contract. Accordingly, no later than the fifth (5th) business day of each month, the contractor shall submit a personnel report via email to the COR and Terry Weems at Terry.Weems@dot.gov . The report shall identify the following:

1. Contract Number

2. Reporting period month

3. Contractor Contract Representative & contact email

4. Contractor employees issued FRA sponsored ID

5. Designated on-site "lead" contractor employee

6. Contractor employees’ DOT.gov or alternate email address

7. Days worked each calendar month

8. Days worked on-site each calendar month

9. Contractor employees included on the preceding report but no longer working on-site

A sample monthly report format is included below:

mailto:Terry.Weems@dot.gov

Company Name:

Contract Number:

Reporting Period:

On Site Lead:

Contractor's Contracting Officer:

Contractor's Monthly Personnel Report

First Name Last Name DOT.GOV E-Mail Address or alternate

Office Contractor Supports

# of Days Authorized This Month

# of Days Worked On-Site

FRA

# of Telework days this month

DOT

Badged Yes or No

Last Day date mailto:efrain.orona.ctr@dot.gov

SECTION G

CONTRACT ADMINISTRATION DATA

G.1 MONTHLY PROGRESS REPORT

The Contractor shall furnish an electronic copy of a monthly progress report to the COR and to the CO by email on or before the 15th of the month following the calendar month being reported. Each report shall contain concise statements covering the activities relevant to the statement of work, including:

• A clear and complete account of the work performed under each task listed in the statement of work. Present planned project accomplishments versus actual accomplishments in terms of time.

• An outline of the work to be accomplished during the next reporting period.

• A description of any problem encountered or anticipated that will affect the completion of any requirement within the time and fiscal constraints as set forth in the contract, together with recommended solutions to such problems; or, a statement that no problems were encountered.

A description of any specific actions required by the CO and/or COR to assist in the resolution of a particular problem or to affect the timely progression of the contract.

• Preliminary or interim results, conclusions, trends, or other items of information that the Contractor feels are of timely interest to the FRA.

G.2 CONTRACTING OFFICER'S REPRESENTATIVE

(To be inserted at time of award) is hereby designated as the COR for this contract. The COR contact information is:

<Contracting Officer’s Representative Information>

The COR has the authority to monitor the technical progress of the services that are required to be delivered under the contract. This includes meetings, and telephone conversations with the contractor’s personnel, inspection, acceptance, or rejection of the contracted items and other duties that may be authorized by the Contracting Officer.

The COR cannot authorize or order the cessation of contract work nor delete, change, or waive any of the technical requirements or other terms and conditions of the contract. If a change (monetary or otherwise) to the contract is desired, the Contractor must submit a written request to the Contracting Officer for consideration. If appropriate, the change will be effected by a contract modification, after discussions and/or negotiations. Whenever a difference of opinion between the Contractor and the COR occurs, the Contracting Officer or Contract Specialist should be contacted immediately for resolution.

The Contractor should also contact the Contracting Officer or Contract Specialist when the COR cannot be contacted on a technical matter and for assistance on all other matters pertaining to this contract.

The Contracting Officer is the only individual who can legally commit or obligate the Government for the expenditure of public funds. The technical administration of this contract shall not be construed to authorize the revision of the terms and conditions of this contract. Only the Contracting Officer can authorize any such revision in writing. The Contracting Officer shall promptly countermand any action that exceeds the authority of the COR.

G.3 REMOVAL OF CONTRACTOR PERSONNEL

It is understood that all personnel assigned by the Contractor to the performance of work hereunder must be acceptable to the Government in terms of personal and professional conduct. Any person in the Contractor’s organization, who is deemed by the CO or the COR to conflict with the interest of the Government, shall be immediately removed from this contract. The reason for removal shall be fully documented in writing by the COR or DOT Office of Security through the CO. Any security violations, denials or revocations of security clearance may be construed as grounds for immediate removal from the premises and the contract.

NOTE: The proposed replacement’s minimum qualifications and experience shall be equal to those of the individual being replaced.

G.4 INVOICING INSTRUCTIONS

FRA vendors shall submit invoices to FRA electronically via the Delphi eInvoicing web-portal no more than monthly. To initiate this process, you are requested to provide FRA with information (company name, contract/order number/purchase order (PO) number, and up to two Point of Contact (POC) full names and their email addresses) as shown below.

- Company Name

- FRA Contract #/ Order #

- Primary POC Full Name

- Primary POC email

- Secondary POC Full Name

- Secondary POC email

Email the above information to the following email address: FRAEInvoicing@dot.gov. Please note that the POCs you provide are the individuals you authorize to submit invoices to FRA on behalf of your company. Your POCs will then receive a welcome letter from Delphi eInvoicing processing center with instructions on creating a Login.gov user account. This account can then be used to access the eInvoicing web-portal.

Account Management. Vendors are responsible to contact the Delphi Help Desk when their firm’s points of contacts will no longer be submitting invoices so they can be removed from the system. Instructions for contacting the Delphi Help Desk can be found at http://einvoice.esc.gov

The Department of Transportation utilizes the Delphi eInvoicing web-portal for processing invoices. For vendors submitting invoices, and certain grantees submitting payment requests, they will be required to submit invoices to the Operating Agency (OA) electronically via the Delphi eInvoicing web-portal which is accessed via https://einvoice.esc.gov, and is authenticated via www.login.gov. All persons accessing mailto:FRAEInvoicing@dot.gov http://einvoice.esc.gov/ https://einvoice.esc.gov/ http://www.login.gov/ the Delphi eInvoicing web-portal will be required to have their own unique user Delphi eInvoicing ID and be credentialed through login.gov. See www.login.gov for instructions.

In order to receive payment and in accordance with the Prompt Payment Act, all invoices submitted as attachments in the Delphi eInvoicing web-portal shall contain the following:

a) Invoice number and invoice date.

b) Period of performance covered by invoice.

c) Contract number and title.

d) Task/Delivery Order number and title (if applicable).

e) Amount billed (by CLIN), current and cumulative.

f) Total ($) of billing.

g) Cumulative total billed for all contract work to date.

h) Name, title, phone number, and mailing address of person to be contacted in the event of a defective invoice.

If the contract includes allowances for travel, all invoices which include charges pertaining to travel expenses will catalog a breakdown of reimbursable expenses with the appropriate receipts to substantiate the travel expenses.

(1) Electronic authentication. See www.login.gov for instructions. Click on the following link for assistance https://login.gov/help/

(2) To create a login.gov account, the user will need a valid email address and a working phone number.

The user will create a password and then login.gov will reply with an email confirming the email address.

(3) Agency POCs will be responsible for communicating with vendor POCs to initiate the Delphi eInvoicing account creation process. Vendor POCs who will require access to the eInvoicing web-portal for invoice submission and payment tracking purposes will be required to provide their full name, valid email address, and current phone number to the agency POC to initiate the Delphi eInvoicing web-portal account. Vendor users and the agency POC will be notified via e-mail when the account is created. The vendor user will be provided detailed instructions for logging into their Delphi eInvoicing account.

(4) As required in Transportation Acquisition Regulation (TAR) 1232.7002, Invoice and voucher review and approval, for other than fixed-price contracts, the contractor shall also submit the SF 1034, Public Voucher for Purchases and Services Other Than Personal, and the SF 1035, Public Voucher for Purchases and Services Other Than Personal (Continuation Sheet), to request payments. Click this link (TAR 1232.7002) for instructions on how to fill out these two forms.

SECTION H

SPECIAL CONTRACT REQUIREMENTS

H.1 ACCESSIBILITY OF MEETINGS/CONFERENCES AND DELIVERABLES TO PERSONS WITH

DISABILITIES

The contractor shall assure that any meeting/conference or deliverables provided pursuant to the contract will meet all applicable standards for accessibility to persons with disabilities in accordance http://www.login.gov/ https://login.gov/help/ https://www.acquisition.gov/tar/part-1232-contract-financing https://www.acquisition.gov/tar/part-1232-contract-financing https://www.acquisition.gov/tar/part-1232-contract-financing with Sections 504 and 508 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), and any implementing regulations.

H.2 PERSONAL SERVICES AND INHERENTLY GOVERNMENTAL FUNCTIONS

The Contractor shall not perform personal services under this contract. Contractor personnel are employees of the Contractor or its subcontractors and are under the administrative control and supervision of the Contractor. The Government will not supervise or direct Contractor employees in the performance of their assignments. If at any time the Contractor believes that any Government action or communication has been given that would create a personal service relationship between the Government and any Contractor employee, the Contractor shall promptly notify the Contracting Officer of such communication or action.

The Contractor shall not perform any inherently Government functions under this contract. No Contractor employee shall represent, or give the appearance, that he/she is a Government employee, agent, or representative. No Contractor employee shall state, orally or in writing, at any time that he or she is acting on behalf of the Government. The Contractor is responsible for ensuring that all employees assigned to this contract understand, and are committed to following, these requirements.

H.4 NON-PERSONAL SERVICES CONTRACT

This contract is a non-personal services contract as defined in the FAR at subpart 37.101. It is understood and agreed that the Contractor and/or Contractor’s employees and subcontractors: (1) shall perform the services specified herein as independent contractors, not as employees of the government; (2) shall be responsible for their own management and administration of the work required and bear sole responsibility for complying with any and all technical, schedule, or financial requirements or constraints attendant to the performance of this contract; (3) shall be free from supervision or control by any government employee with respect to the manner or method of performance of the services specified; but (4) shall, pursuant to the government’s right and obligation to inspect, accept or reject the work, comply with such general direction of the CO, or the duly authorized representative of the CO, as is necessary to ensure accomplishment of the contract objectives.

H.5 KICK OFF MEETING

No later than five business days after award, the contractor will schedule a kickoff meeting with FRA that includes the availability of the CO and COR and provide an agenda.

H.6 DISCLOSURE OF CONFLICT OF INTEREST

Offerors shall provide a brief statement in the quotation that describes in a concise manner all past, present or planned organizational, contractual or other interest(s), which may affect the Offeror’s ability to perform the proposed contract in an impartial and objective manner. The Contracting Officer will review the statement submitted and may require additional relevant information from the Offerors. In accordance with Federal Acquisition Regulation (FAR) Subpart 9.5, all such information, and any other relevant information known to the Government, will be used to determine whether an award to the Offerors may create an actual or potential conflict of interest. If any such conflict of interest is found to exist, the Co may (1) disqualify the Offerors, or (2) determine that it is otherwise in the best interest of the United States to contract with the Offerors and include appropriate provisions to mitigate or avoid such conflict in the awarded Order.

H.7 RECORDS MANAGEMENT RESPONSIBILITIES

In accordance with 44 U.S.C. chapters 21, 29, 21 and 33; Freedom of Information Act (5 U.S.C. 552);

Privacy Act (5 U.S.C. 552a); 36 CFR Parts 1222 and 1228, the Contractor shall adhere to the following:

Contractor agrees to comply with Federal and Agency records management policies as described in 44 U.S.C. chapters 21, 29, 21 and 33; 36 CFR Parts 1222 and 1228; Privacy Act (5 U.S.C. 552a); and Freedom of Information Act (5 U.S.C. 552). These policies include the safeguarding and preservation of all records created or received regardless of format [paper, electronic, etc.] or mode of transmission [email, fax, etc.] or state of completion [draft, final, etc.].

H.8 GOVERNMENT FURNISHED EQUIPMENT

On-site contractor staff will be provided with furniture and equipment needed to perform the work.

Any damage of government equipment shall be reported to the COR immediately. The contractor may be held responsible for the misuse of government equipment.

(a) Pursuant to FAR 52.245-1, “Government Property,” the property listed below will be furnished to the Contractor for use in performance of this contract.

DOT Issued Laptop

(b) The contractor shall prepare and submit an annual report of all accountable Government property held by the contractor under this contract. For instructions regarding Government Property Report due September 15 annually, see Section I.6, clause TAR 1252.245-70 GOVERNMENT PROPERTY REPORTS

(OCT 1994).

H.9 GOVERNMENT ISSUED CONTRACTOR IDENTIFICATION

The contractor is responsible for the prompt return of DOT/FRA identification (ID) issued by the Department of Transportation on behalf of the Federal Railroad Administration (FRA) to contractor personnel including ID permitting entrance into government buildings. Government issued ID must be surrendered immediately when no longer required for contract performance. Failure to do so may result in delay of payment or reduction in payment for work performed. It is required that the contractor shall reconcile, on a monthly basis, the inventory of Government issued ID and employees on their staff in possession of such government ID serving on a FRA contract. Accordingly, no later than the fifth (5th) business day of each month, the contractor shall submit a personnel report via email to the Contracting Officer and Contracting Officer's Representative. The report shall identify the following:

10. Contract Number

11. Reporting period month

12. Contractor Contract Representative & contact email

13. Contractor employees issued FRA sponsored ID

14. Designated on-site "lead" contractor employee

15. Contractor employees’ DOT.gov or alternate email address

16. Days worked each calendar month

17. Days worked on-site each calendar month

18. Contractor employees included on the preceding report but no longer working on-site

A sample monthly report format is included under Section F.8.

H.10 CONTRACTOR PERSONNEL SECURITY

(a) All contractor employees who require access to sensitive information and the Department of Transportation’s computer systems shall be the subject of a background investigation and must receive a favorable adjudication from the DOT Security and Investigations Center. This requirement is applicable to all subcontractor personnel requiring the same access. The Government and the contractor recognize that certain contractor employees performing under this order will have access to sensitive Government information. Therefore, the Government and the contractor agree that the Government may conduct security investigations for any contractor employee performing under this contract. The contractor’s employees performing work under this contract will has access to sensitive information subjecting them to the requirements of 48 CFR 1252.237-70 – “Qualifications of contractor employees” and DOT Order 1630.2B – “Personnel Security Management.”

(b) The Government and the contractor agree that all contractor employees engaged in public trust functions shall complete a FD-229, a FBI Finger Print Chart and a SF 85p, Questionnaire for Public Trust Positions. These security forms and self-addressed envelopes can be obtained through the Contracting Officer. Because of the sensitive nature of the information provided on these forms, the contractor shall require its affected employees to submit the forms in a sealed envelope to the Contracting Officer or to the Department of Transportation Office of Security, as directed. In compliance with the Privacy Act, neither the employee’s supervisor nor other contractor personnel shall have a role in completing these forms, nor shall they have access to them. Upon the DOT Security Officer’s receipt of the security forms, the contractor may allow its employees engaged in public trust functions to begin work under the order.

However, the Government reserves the right to limit such employees’ access to sensitive information, pending completion of security determinations.

(c) The contractor agrees to allow the DOT Office of Security access to contractor employees and records in order to determine the suitability of contractor employees for contract work in public trust.

Where the DOT Security Officer has information indicating that an unfavorable security determination might result, it shall consult with the Contracting Officer on a need to know basis. Before and unfavorable decision is rendered by the DOT Security Officer, the affected employee shall be provided an opportunity to respond to the information developed. The Contracting Officer is not required to give said employee and additional opportunity to respond to the decision rendered by the DOT Security Officer.

(d) The contractor agrees to remove any employee from work under this contract if the Contracting Officer (based upon the recommendation of the DOT Security Officer) determines that the employee’s involvement under this contract is inconsistent with the best security interests of the Department.

(e) If the security clearance investigation is not completed prior to the start date of the contract, the employee may work on the contract while the security clearance is being processed, but the contractor will be responsible for the actions of those individuals they provide to perform work for the FRA.

H.11 SECURITY INVESTIGATIONS OF CONTRACTOR EMPLOYEES

The Government and the contractor recognize that certain contractor employees performing under this contract will have access to sensitive Government information. Therefore, the Government and the contractor agree that the Government may conduct security investigations for any contractor employee performing under this contract, who, in the Contracting Officer’s judgment, is engaged in a function requiring public trust. Contractor employees considered to be engaged in public trust functions include:

(1) employees who may have regular access to sensitive information, and (2) corporate officials actively engaged in making employment decisions relating to those employees engaged in public trust functions.

The contractor may request a determination by the Contracting Officer as to whether a particular employee is engaged in a function requiring public trust.

The Government and the contractor agree that all contractor employees engaged in public trust functions shall complete an FD-229, A FBI Finger Print Chart and an SF 85P, A Questionnaire for Public Trust Positions. These security forms and self-addressed envelopes can be obtained through the Contracting Officer. Because of the sensitive nature of the information provided on these forms, the contractor shall require its affected employees to submit the forms in a sealed envelope to the Contracting Officer or to the Department of Transportation Office of Security, as directed. In compliance with the Privacy Act, neither the employee’s supervisor nor other contractor personnel shall have a role in completing these forms, nor shall they have access to them. Upon the DOT Security Officer’s receipt of the security forms, the contractor may allow its employees engaged in public trust functions to begin work under the contract. However, the Government reserves the right to limit such employees’ access to sensitive information, pending completion of security determinations.

The contractor agrees to allow the DOT Office of Security access to contractor employees and records in order to determine the suitability of contractor employees for contract work in public trust. Where the DOT Security Officer has information indicating that an unfavorable security determination might result, it shall consult with the Contracting Officer on a need to know basis. Before an unfavorable decision is rendered by the DOT Security Officer, the affected employee shall be provided an opportunity to respond to the information developed. The Contracting Officer is not required to give said employee an additional opportunity to respond to the decision rendered by the DOT Security Officer.

The contractor agrees to remove any employee from work under this contract if the Contracting Officer (based upon the recommendation of the DOT Security Officer) determines that the employee’s involvement under this contract is inconsistent with the best security interests of the Department. Such decisions are not subject to equitable adjustment under the contract.

H.12 SECURITY-COMPLIANCE WITH SECURITY REGULATIONS, POLICIES, AND PROCEDURES

The Contractor shall be responsible for compliance by its employees with DOT security regulations, policies, and procedures. This includes safekeeping, wearing, and visibility of identification badges. The DOT will issue Contractor identification badges to on-site Contractor personnel, and the badges shall be visible at all times while employees are on DOT/FRA premises. The Contractor shall provide all requested information (the DOT will provide forms to the Contractor at time of award) required to facilitate issuance of identification badges and shall conform to applicable regulations concerning the use and possession of the badges. The Contractor shall be responsible for ensuring that all identification badges issued to the Contractor employees are returned within forty-eight (48) hours following the completion of the contract, relocation, or termination of an employee and/or request of the Contracting Officer or the COR.

H.13 CONFLICT OF INTEREST

(A) The Contractor warrants that, to the best of the Contractor's knowledge and belief, there are no relevant facts or circumstances which could give rise to an organizational conflict of interest (OCI). FAR Subpart 9.5 defines OCI as "Organizational and Consultants Conflicts of Interest.”

(B) The Contractor agrees that if an actual or potential organizational conflict of interest is discovered after award, the Contractor shall make a full disclosure in writing to the Contracting Officer. This disclosure shall include a description of actions, which the Contractor has taken or proposes to take, after consultation with the Contracting Officer, to avoid, mitigate, or neutralize the actual or potential conflict.

(C) The Contracting Officer may terminate this contract for convenience, in whole or in part, if he deems such termination was necessary to avoid an organizational conflict of interest. If the Contractor was aware of a potential organizational conflict of interest prior to award or discovered an actual or potential conflict after award and did not disclose or misrepresented relevant information to the Contacting Office, the Government may terminate the contract for default, debar the Contractor from Government contracting, or pursue other remedies that may be permitted by law under the resultant contract.

(D) The Contractor shall include this information as a flow down clause in all subcontracts and in lower tier subcontracts unless a waiver is requested from, and granted by, the Contracting Officer.

H.14 RESTRICTIONS ON USE, DISCLOSURE, AND DUPLICATION OF CONFIDENTIAL AND NON-PUBLIC

INFORMATION

a. Restrictions on Use, Disclosure, and Duplication of Confidential and Non- Public Information.

For purposes of this clause, "confidential or non-public information," is defined as information generated by or in the possession of the DOT that is commercially valuable, trade secret, market sensitive, proprietary, related to an DOT enforcement or examination matter, subject to privilege, protected by the Privacy Act (5 U.S.C. § 552a), or otherwise deemed confidential or non-public by an DOT division director or office head, and is not otherwise available to the public. This definition applies to confidential or non-public information in any form, including documents, electronic mail, computer files, conversations, and audio or video recordings. Examples of confidential or non-public information include, but are not limited to, corporate financial, statistical, or technical data provided to the DOT that has not been made public; DOT planned or contemplated courses of action regarding DOT examinations, investigations, and enforcement actions; and DOT personnel information covered by the Privacy Act, 5 U.S.C. § 552a. Unless otherwise specified, confidential and non-public information shall not be used for purposes other than performance of work under this contract without the prior written consent of the Contracting Officer. The Contractor, and its employees, agents, subcontractors, and subcontractor personnel are restricted from duplicating or disclosing confidential or non-public information, in whole or in part, outside the Department of Transportation (DOT) for purposes other than fulfillment of the requirements set forth in this contract. Any presentation of any confidential or non-public information, or any reports or material derived from confidential or non-public information shall be subject to review of the Contracting Officer prior to publication or dissemination. Any questions about whether information is confidential or non-public shall be referred to the Contracting Officer prior to use, disclosure or duplication.

b. Non-Disclosure Agreement for Confidential and Non-Public Information. DOT prohibits unauthorized disclosure and improper use of confidential or non-public information or documents. The Contractor, for itself and its employees, agents, subcontractors, and subcontractor personnel who will have access to confidential or non-public information or documents in the performance of the contract, agrees to be bound by the terms set forth in the non-disclosure agreements (to be executed at contract kick-off). The Contractor and all personnel assigned to the contract agree not to divulge to any unauthorized person non-public or confidential information obtained from the DOT in performance of their duties under the contract.

The Contractor and all employees, agents, subcontractors and subcontractor personnel who may have access to confidential or non-public information or documents during the performance of their duties under the contract shall execute Non-Disclosure Agreements. These will be returned to the Contracting Officer before being given access to such information or documents.

Violation of this clause by the Contractor, its employees, agents, subcontractors, or subcontractor personnel may result in default of the contract and/or civil suits and/or criminal prosecution

H.15 OBSERVANCE OF LEGAL HOLIDAYS AND OTHER GOVERNMENT CLOSURES

a. The Government observes the following listed days as holidays:

New Year's Day, January 1 Martin Luther King's Birthday, Third Monday in January President's Birthday, Third Monday in February Memorial Day, Last Monday in May Independence Day, July 4 Labor Day, First Monday in September Columbus Day, Second Monday in October Veterans Day, November 11 Thanksgiving Day, Fourth Thursday in November Christmas, December 25 Inauguration Day, January 20 every four years (Washington, DC only) Any other day designated by Federal law, Executive Order, or Presidential Proclamation.

b. When New Year's Day, Independence Day, Veterans Day or Christmas Day falls on a Sunday, the following Monday is observed; when it falls on Saturday, the preceding Friday is observed.

c. Observance of such days by Government personnel shall not be cause for additional period of performance or entitlement to compensation except as set forth in the contract.

d. On-site personnel assigned to this contract shall not be granted access to the DOT facility during the holidays in paragraph (a) of the clause, except as follows: the Contractor shall provide sufficient on-site personnel to perform round-the-clock requirements of critical work already in process, unless otherwise instructed by the Contracting Officer or authorized representative. If the Contractor's on-site personnel work during a holiday other than those in paragraph (a) of this clause, no form of holiday or other premium compensation shall be reimbursed as either a direct or indirect cost. However, this does not preclude reimbursement for authorized overtime work that would have been overtime regardless of the status of the day as a holiday.

e. When DOT grants administrative leave to its Government employees (e.g., as a result of inclement weather, potentially hazardous conditions, or other special circumstances), Contractor personnel working on-site should also be dismissed. However, the contractor shall provide sufficient on-site personnel to perform round-the-clock requirements of critical work already in process, unless otherwise instructed by the Contracting Officer or authorized representative.

f. The Contractor shall place identical requirements, including this paragraph, in all subcontracts that require performance of work on-site, unless otherwise instructed by the Contracting Officer.

H.16 TELEWORK

In accordance with federal acquisition regulations, contractors are approved to telework as appropriate.

However, although FRA does not discourage teleworking for its contractors but wants to ensure that all worked performed off-site, by on-site contractors, is consistent with the rate arrangement established in the contract and that the completion of work off-site is accomplished in accordance with contract terms and conditions. Regular telework shall be approved by agreement with the Contracting Officer Representative (COR) and each instance of episodic telework shall be in accordance with the Office of Personnel Management (OPM) operating procedures and shall require the contractor notifying the COR of the intent to telework prior to beginning of that work day and shall include a list of planned work objectives for that day.

FRA Contractors with on-site personnel are authorized to enable its staff to telework when on site performance is not possible due to inclement weather or other circumstances as may be identified by the FRA Contracting Officer Representative (COR). Authorization shall be provided by the contract COR.

The contractor shall provide adequate oversight of work performance/products and ensure contract adherence. All contractor personnel performing telework shall have completed an acceptable telework agreement established between the Contractor and its employee(s). A copy of such individual agreements shall be submitted to the Contracting Officer and COR for inclusion in the contract file.

The Contractor and FRA agree to the following:

1. Telework on the part of the…