Performance-Based SOW_FMCSA PSP Support and Serivces (05_19_2026).docx

STATEMENT OF WORK

FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION (FMCSA)

PRE-EMPLOYMENT SCREENING PROGRAM (PSP) SUPPORT AND SERVICES

(May 19, 2026)

1.0 SCOPE

1.1 Background

Title 49 of the U.S. Code, section 31150, titled “Safety performance history screening” as adopted as Public Law 109-59 section 4117 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) requires the Federal Motor Carrier Safety Administration (FMCSA) to provide persons conducting pre-employment screening services for the motor carrier industry electronic access to crash and inspection data in FMCSA’s Motor Carrier Management Information System (MCMIS). The full text of the statute is as follows:

Sec. 31150. Safety performance history screening.

(a) In General. The Secretary of Transportation shall provide persons conducting pre- employment screening services for the motor carrier industry electronic access to the following reports contained in the Motor Carrier Management Information System:

(1) Commercial motor vehicle accident reports.

(2) Inspection reports that contain no driver-related safety violations.

(3) Serious driver-related safety violation inspection reports.

(b) Conditions on Providing Access. Before providing a person access to the Motor Carrier Management Information System under subsection (a), the Secretary shall –

(1) Ensure that any information that is released to such person will be in accordance with the Fair Credit Reporting Act (15 U.S.C. 1681 et seq.) and all other applicable Federal law; the Contractor shall further be subjected to the civil liabilities for willful or negligent noncompliance of the FCRA and shall be required to indemnify the government from same;

(2) Ensure that such person will not conduct a screening without the operator- applicant's written consent;

(3) Ensure that any information that is released to such person will not be released to any person or entity, other than the motor carrier requesting the screening services or the operator- applicant, unless expressly authorized or required by law; and

(4) Provide a procedure for the operator-applicant to correct inaccurate information in the System in a timely manner.

(c) Design. The process for providing access to the Motor Carrier Management Information System under subsection (a) shall be designed to assist the motor carrier industry in assessing an individual operator's crash and serious safety violation inspection history as a pre-employment condition. Use of the process shall not be mandatory and may only be used during the pre-employment assessment of an operator-applicant.

(d) Serious Driver-Related Safety Violation Defined. In this section, the term "serious driver-related violation" means a violation by an operator of a commercial motor vehicle that the Secretary determines will result in the operator being prohibited from continuing to operate a commercial motor vehicle until the violation is corrected.

In 2006, FMCSA released the Driver Information Resource (DIR) for use by FMCSA and State partner enforcement personnel. The DIR creates a “driver profile” using the Motor Carrier Management Information System (MCMIS) crash and inspection data. The DIR is comprised of crash data from the past five years and inspection data from the past three years from MCMIS, organized by driver characteristics utilizing matching algorithms and data clean-up techniques. Current access to the DIR is restricted by password and is not available to the public or motor carriers.

Making the DIR available to entities hiring operators of motor carriers is the core component of the statutory requirement. In 2006, FMCSA considered and analyzed the options for FMCSA to meet the requirements of section 31150. Two general strategies were considered: (1) an “in-house” option, where FMCSA would develop the relevant systems and administer the entire program itself, and (2) a “third party” option where the DIR data would be distributed to companies or service providers able to meet strict laws, regulations and guidelines and assist FMCSA to meet the requirements of the Pre- Employment Screening Program (PSP). After reviewing requirements, efficiencies in systems, and legal, logistical and fiscal options, FMCSA has decided to solicit the assistance of offerors via the “third party option.” FMCSA would provide a snapshot, or “extract” of the DIR database to Contractor able to meet specific measures based on FMCSA policy, applicable federal laws and guidance.

In addition, FMCSA currently has a system in place to meet the requirement of section 31150(b)(4). The FMCSA DataQ’s system is currently available to motor carriers to challenge data and correct data in the MCMIS system. FMCSA is not seeking assistance in complying with section 31150(b)(4).

In May 2010, FMCSA launched PSP, a safety initiative that provide trucking and bus companies with secure, instant access to commercial drivers’ crash and inspection histories during the hiring process. By offering access to a driver’s five-year crash history and three-year roadside inspection history, PSP informs hiring decisions that help FMCSA achieve its mission to reduce crashes, injuries, and fatalities involving large trucks and buses and lead to improved commercial motor vehicle safety on the Nation’s roadways.

MCMIS DIR DATABASE IS THE PROPERTY OF THE U.S. GOVERNMENT AND THE FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION. IT IS NOT PUBLIC INFORMATION AND ITS USE IS LIMITED TO THE EXPRESS PROVISIONS OF THIS STATEMENT OF WORK AND THE TERMS AND CONDITIONS OF THE RESULTING CONTRACT.

1.2 Purpose / Objectives

The purpose of the Statement of Work (SOW) is to assist FMCSA in meeting certain aspects of the pre-employment screening requirements of Section 31150. The specific objectives of the Pre-Employment Screening Program (PSP) are aligned with the requirements of the statute:

· Provide driver-related Motor Carrier Management Information System (MCMIS) safety and inspection data to motor carriers requesting the screening service, industry service providers requesting the screening service on behalf of a motor carrier or operator- applicant, or to the requesting operator-applicant (for his/her personal data) in a timely and professional manner;

· Release data only with the account holder’s attestation that they have received the operator-applicant’s written consent or consent provided through FMCSA approved electronic means; and

· Maintenance, handling, storage, and distribution of FMCSA MCMIS data must conform to applicable laws, rules, regulations and policies.

Certain requirements of the PSP will be the responsibility of FMCSA and SHALL NOT be performed by the Contractor:

· FMCSA will be responsible for any other release of data to any person or entity other than the motor carrier or industry service provider (or representative) requesting the screening information or the operator-applicant as required in section 31150(b)(3);

· FMCSA will be responsible for the integrity of the MCMIS data and will provide a procedure for the owner-operator to correct inaccurate information via the DataQs system currently maintained by FMCSA;

· FMCSA will be responsible for ensuring the participating contactor has access to the Agency’s Information Technology cloud environment and hosting services; and

· FMCSA will be responsible for performing audits of the participating Contractor to ensure performance and security objectives are being met.

1.3 Government Terms and Conditions/Definitions

Appendix A contains the Terms and Conditions for the PSP Support and Services contract, and a list of definitions, acronyms, and abbreviations commonly used within the FMCSA community and for this particular project.

1.4 Security/Data Requirements

Appendix B contains prevailing Department of Transportation (DOT) FMCSA, and Federal Information Technology (IT) Security standards, policies and reporting requirements.

1.5 Security/Data Requirements

Appendix C contains the program’s audit requirements, penalty, and appeal process. The Contractor and FMCSA will rely on an ongoing, random-selection audit process to monitor compliance with the written disclosure and authorization obligation. The Contractor shall assume responsibility for the completion of the audit and report each set of audit results to FMCSA. This appendix focuses on the audit process, the reporting of results, the consequences if a PSP account holder does not satisfy an audit request, and how a terminated account may be returned to a state of good standing.

2.0 GOVERNMENT FURNISHED RESOURCES

FMCSA will furnish the following to the Contractor:

· Five years of driver crash data and three years of driver inspection data as reported to the Motor Carrier Management Information System (MCMIS). The data will be organized by driver characteristics as found in the Driver Information Resource (DIR), currently used by FMCSA and State Motor Carrier Safety Assistance Program (MCSAP) inspection officers. The DIR data will be provided periodically, most likely on a monthly or bi-monthly basis from FMCSA.

· A description of how the MCMIS data has been arranged and the criteria for the matching algorithms in the DIR.

· Procedures for obtaining the DIR data extract in a secure and efficient manner.

· Access to FMCSA’s IT cloud environment and hosting services (see Section 1.4), as well as Federal and Department policies, standards and guidance as they apply to operations prescribed within this statement of work.

3.0 CONTRACTOR FURNISHED PROPERTY AND PERSONNEL

The Contractor shall furnish all facilities, materials, equipment, and services necessary to fulfill the requirements of each task specified in the Statement of Work (SOW), with the exception of items identified in Section 2.0.

The Contractor shall have experienced personnel working on this program with the following qualifications:

(1) Program manager with a minimum of 5 years experience managing no-cost government contract(s).

(2) Demonstrated expertise with marketing government programs to the motor carrier industry.

(3) Individuals with project management certificates to include Project Management Professional (PMP) or Certified Scrum Master.

(4) IT security expert with Certified in Governance, Risk, and Compliance (CGRC), Certified Information Security Manager (CISM), Certified Business Continuity Professional (CBCP), and CompTIA Security+ designations, and demonstrated experience implementing and operating systems compliant with NIST SP 800-53 and FedRAMP Moderate or higher baselines.

(5) Information Technology Infrastructure Library (ITIL)-certified service management capability across the organization, including demonstrated experience managing high-volume customer support operations with measurable service level performance.

(6) Demonstrated experience implementing enterprise risk management practices in support of Federal IT systems, including continuous monitoring and risk mitigation stratetgies.

(7) Demostrated experience architecting, designing, deploying, and operating high-volume, transaction-based systems in a FedRAMP-authorized cloud environment supporting over 1 million annual transactions.

(8) Demonstrated expertise in the motor carrier industry through relevant certification (e.g., Certified Transportation Professional (CTP)) or equivalent experience.

4.0 DATA RECORDS

In accordance with Section 1.4, “Security/Data Requirements” and Appendix B, “Cybersecurity – Privacy Requirements for Unclassified Information Technology (IT) Resources (September 2017)”, the Contractor shall be responsible for -

· Processing requests from motor carriers, industry service providers and drivers. The Contractor shall distribute the required data in a timely fashion and provide customer service in support of the distribution of the data such as handling inquiries, concerns and resolving disputes which are related to the offeror’s operations. FMCSA estimates that approximately 140,000 PSP records may be processed monthly, or nearly 1.7 million annually.

· Maintaining an information technology infrastructure equipped with hardware and software that supports the operational, technical, security and privacy requirements documented with this SOW. This includes, but not is limited to, adherence to the following:

a. encryption of sensitive data in transit and at rest;

b. audit and monitor identification, authentication and access to sensitive data, including masking or redaction of Personally Identifiable Information (PII) and other sensitive data elements on PSP reports and user-facing displays;

c. boundary protection and sensitive data isolation from public access or access channels through shared resources; i.e., peer-to-peer networks, instant messaging, internet, intranet and extranet;

d. Contractor must build and use their own payment processing solution for PSP that is in compliance with Payment Card Industry’s Data Security Standards (PCI/DSS Level 4.0.1), as well as all applicable federal privacy and security laws;

e. prohibition on user remote access to data; and

f. intrusion detection and prevention system.

· Robust diaster recovery, contingency, incident response, and emergency preparedness plans and procedures in accordance with FMCSA guidelines.

· Securing privacy information, maintaining data integrity, and preventing loss, theft, or accidental viewing or release of sensitive data.

5.0 REQUIREMENTS

The Contractor shall assist FMCSA with aspects of the PSP and meet the performance standards in providing these services as described below.

5.1 TASK 1: Provide driver-related MCMIS safety and inspection data to motor carriers and industry service providers requesting the screening service or to the requesting operator- applicant (for their particular data).

5.1.1 The Contractor shall develop a process by which operator-applicants can release their MCMIS crash and inspection data file to motor carriers with whom the operator-applicant is seeking employment.

5.1.2 The Contractor shall develop a process by which the operator-applicant may obtain his/her own MCMIS crash and inspection data file.

5.1.3 The Contractor SHALL NOT alter MCMIS data found in the DIR or attempt to address the integrity of data provided by FMCSA. If a data discrepancy is discovered, FMCSA will provide a process for operator-applicants to correct data in their record.

5.1.4 The Contractor shall have and maintain the capacity to handle the expected high volume of requests for driver records as well as provide quality customer service to motor carriers, industry service providers, and operator-applicants. Quality customer service is consistently meeting or exceeding the needs of customers. This shall include telephone, fax, e-mail, chat, and mail inquiries capabilities. Inquires must be handled in a reasonable, customer-friendly time frame that allows for motor carriers to review the driver data prior to employment.

5.1.5 The Contractor shall provide a toll-free PSP call center that will be available business days.

5.1.6 The Contractor shall have a robust, searchable Frequently Asked Questions page that is available on the PSP web site.

5.1.7 The Contractor shall provide an online tool to facilitate the PSP enrollment experience.

5.1.8 The Contractor shall receive and review account holder enrollment agreements. Upon review the Contractor shall approve or reject the enrollment agreement according to agreed-upon criteria communicated by FMCSA to the Contractor.

5.1.9 The Contractor shall maintain and support account credentials for all PSP account holder users.

5.1.10 The Contractor shall perform identity verification on operator-applicants accessing PSP to access their personal PSP record.

5.1.11 The Contractor shall integrate PSP with Login.gov and maintain compliance with Fedearl Identity, Credential, and Access Management (ICAM) requirements, including multi-factor authentication and identity assurance levels. The Contractor shall support account account information for operator-applicants whose identity has been verified via Login.gov.

5.1.12 The Contractor shall handle, store, and disseminate data according to the requirements of section 5.2 and 5.3 below.

5.1.13 The Contractor shall not charge any motor carrier more than the U.S. Department of Transportation is authorized to charge for the requested information under the Freedom of Information Act and the Department of Transportation Regulations (5 U.S.C. § 552 and 49 CFR Part 7.42).

5.1.14 The Contractor shall have the system completed and ready for business within 90 days of the contract award.

5.1.15 The Contractor shall develop standard operation procedures and supporting documentation to meet the requirements of this SOW and provide these documents to FMCSA for review as per Section 6.0 below.

5.1.16 The Contractor shall make PSP available and functional in the latest version of major industry-standard internet browsers.

5.1.17 The Contractor shall make PSP available in a responsive-design framework, so that PSP automatically adjusts to accommodate a mobile device used by the site visitor.

5.1.18 The Contractor shall handle the information in accordance with the Privacy Act, the Fair Credit Reporting Act and other Federal requirements and policies regarding the protection of privacy.

5.1.19 The Contractor shall provide a free monitoring service allowin operator-applicant to receive notifications within 24 hours of DIR data ingestion, with configurable notification preferences and opt-in enrollment.

5.1.20 The Contractor shall provide a free monitoring service allowing motor carriers and industry service providers to receive notifications within 24 hours of DIR updates for prospective drivers.

5.1.21 Track and report user acquisition channels and provide analytics on conversion rates, segmentation, and outreach effectiveness with quarterly reporting and recommendations.

5.1.22 The PSP shall provide users with the ability to access to all 50 State MVR systems and ensure integration is continuously maintained and monitored.

5.1.23 The Contractor shall design and manage targeted digital content strategies supporting FMCSA initiatives with measurable engagement outcomes.

5.1.24 The Contractor shall implement a cloud-native, auto-scaling system leveraging FedRAMP-authorized cloud services, infrastructure-as-code, continuous monitoring, and high availability architecture.

5.1.25 The Contractor shall implement automated validation and verification mechanisms leveraging FMCSA and USDOT systems and Application Programming Interfaces (APIs) to improve enrollment efficiency, accuracy, and timeliness.

5.2 TASK 2: Release data only with the attestation that the motor carrier or industry service provider has obtained the operator-applicant’s written consent or consent provided through FMCSA approved electronic means. Audit the written consent attestation in accordance with Task 7.

5.2.1 The Contractor shall provide the crash and inspection data file of an operator- applicant only after receiving the explicit attestation of the operator-applicant, the motor carrier(s), or the industry service provider(s) indicated by the operator-applicant. The Contractor agrees to indemnify and hold harmless the FMCSA for all damages or terms related to willful, knowing or negligent violations of the Fair Credit Reporting Act (FCRA). The Contractor further understands that the FMCSA will not indemnify the Contractor for any damages or harms related to willful, unknowing or negligent violations of the FCRA.

5.2.2 The Contractor shall develop or possess a system and process to meet the requirements of this Task standard and shall accomplish the requirements of the PSP as well as adhere to all applicable rules, laws, policies and requirements outlined in this SOW. See additional security requirements in Section 1.4, and Appendices B and C.

5.2.3 The data provided shall be accurate and complete data as provided by FMCSA through the MCMIS system and reflect the data from the most recent DIR data extract provided by FMCSA. The Contractor shall obtain the most recent DIR data extract within 1 business day of its release and incorporate the new data into its operations for distribution within 3 business days. Once the new data is incorporated, the Contractor shall distribute a notification to account holders and operator-applicants.

5.2.4 Under no circumstances is an operator-applicant’s MCMIS data file allowed to be disseminated or distributed to anyone other than the FMCSA-approved IT cloud environment and hosting services, Contractor or, the operator-applicant, or the operator-applicant-approved motor carrier or industry service provider to whom the operator-applicant has consented to receive data consistent with the requirements of this Task without explicit, documented FMCSA permission.

5.3 TASK 3: Maintenance, handling, storage, and distribution of FMCSA MCMIS data must conform to applicable laws, rules, regulations and policies which are within the Contractor’s purview.

5.3.1 The Contractor will be required to meet the applicable federal security requirements and provide upon request, documented assurance and evidence that controls are in place and operating as intended to prevent MCMIS data from unintended releases, thefts, manipulation, or dissemination.

5.3.2 The Contractor shall develop processes and systems to protect the FMCSA- supplied data from unauthorized disclosures, thefts, manipulation, or dissemination, in accordance with federal security requirements, including the Driver Privacy Procedure Act of 1994, as amended (1818 U.S.C. 2721 et seq.) and this SOW.

5.3.3 The Contractor shall establish controls to prevent and detect data exposures using data intrusion and detection alert program(s). This includes the unauthorized viewing, copying, printing, distributing, or accessing the DIR file provided to the Contractor.

5.3.4 The Contractor shall ensure that Sensitive Personally Identifiable Information (SPII) exposures are reported to the FMCSA Contracting Officer’s Representative (COR) immediately upon discovery, regardless of the completeness of the exposure event information. In the event of an exposure, the Contractor shall assist FMCSA in providing notification to any applicable government agencies and individuals regarding the exposure in accordance with applicable Federal and State requirements.

5.3.5 All FMCSA-supplied data shall be encrypted in transit, at rest, and in progress using FIPA 140-2 validated solutions with NIST-compliant key management and continuous validation.

5.3.6 The Contractor shall design and maintain a comprehensive fraud detection capability to identify and respond to suspicious or unauthorized activity. At a minimum, the Contractor shall:

· Monitor system activity for anomalous behavior,

· Detect misuse of consent artifacts and unauthorized access,

· Implement real-time detection using rules and behavioral analytics,

· Monitor API activity for scraping or abuse,

· Establish alerts and notify FMCSA of incidents,

· Maintain audit logs for forensic analysis

· Provide periodic fraud reporting, and

· Maintain fraud-specific incident response procedures.

5.4 TASK 4: Retention and use of MCMIS data is limited.

5.4.1 The MCMIS data supplied by FMCSA shall not be used for other purposes not specified in this SOW unless agreed to in advance and in writing by FMCSA.

5.4.2 The Contractor shall not retain an archive copy of MCMIS data beyond 90 days from receipt of data. In the event the data extract is required to be used beyond 90 days, the Contractor shall submit written justification to Contracting Officer for authorization and receive written approval prior to archiving.

5.4.3 The FMCSA IT cloud hosting services shall sanitize electronic media in accordance with National Institute of Standards and Technology Special Publication 800-88, Revision 1 Guidelines for Media Sanitization, February 2015.

5.4.4 Upon contract termination, all data provided by FMCSA shall be removed and deleted from the Contractor’s systems, electronically or otherwise.

5.5 TASK 5: Record keeping for FMCSA audits and reviews is required.

The following records and documentation shall be retained for the duration of the contract, unless expressly specified otherwise, and be made available to FMCSA authorized designated personnel upon request. The documentation shall be provided within 5 working days to FMCSA for periodic or random reviews, evaluations or audits of the Contractor. The data shall be arrayed in a fashion that allows for logical evaluation and understanding. The required records and documentation shall be provided in a format agreed upon by FMCSA at the time of contract award and may be combined into fewer documents than listed.

5.5.1 Driver Consent File: The Contractor shall retain any operator-applicant consent files in accordance with Task 7. These files contain the individual consent records of operator-applicants to release data from the DIR file, as collected by Contractor according to periodic operator-applicant consent audits. The files must contain the legally-binding signature or signature authority, subject to any provisions or allowances of the Electronic Signature Act (15 U. S. C. § 7001 et seq.)

5.5.2 Record of Transactions: The Contractor shall provide FMCSA a file of the transactions the Contractor handled under the terms of this agreement, in support of the PSP, concerning requests for files from owner-applicants and the motor carriers. The information collected shall contain, at a minimum, date and time of request, date and time of fulfillment, name and DOT number (if applicable) of requesting motor carrier, the driver’s name, license number, date of birth, and state of domicile of the file being released and confirmation that the recipient received the intended data.

5.5.3 Record of Data Breach: The Contractor will record any breach of data within its IT environment and supply a record of the events.

5.5.4 Notification of Disputes: The Contractor will notify FMCSA within 24 hours of any investigations initiated by any Federal, State, or local law enforcement agencies, lawsuits or claims filed against the Contractor in relation to data and services provided under this contract.

5.5.5 List of Contractor Personnel: The Contractor shall provide to the FMCSA COR a list of each person having access to the data provided by FMCSA at the start of the contract. Changes to the personnel list must be provided to the COR within 3 business days of the change in personnel status.

5.5.6 Validation and Verification: The Contractor will permit the DOT Office of the Inspector General and FMCSA IT Security to conduct periodic reviews of the managerial, technical, and operational controls to validate the security posture and determine whether or not Contractor meets Federal standards, against DOT-mandated version of NIST SP 800-53, the DOT Cybersecurity Compendium, and other Federal laws, rules, and regulations, including continuous monitoring metrics, vulnerability management performance, and incident response effectiveness. The Contractor shall cooperate with the review and provide any pertinent information requested by FMCSA. FMCSA will recommend corrective action to be taken for any items found in non-compliance. Any obligation of the Contractor to implement recommendations of FMCSA shall be limited to recommendations within the scope of services under the SOW; any other changes, including changes required by statues later enacted by Congress that require changes to the scope of the services, will be implemented pursuant to a mutually agreed to written amendment to this contract.

5.6 TASK 6: Personnel Security.

The Contractor (and subcontractor(s), if applicable) will comply with all federal requirements for personnel security.

Work performed under this contract may involve access to sensitive information which shall not be disclosed by the Contractor unless authorized by the contracting officer. Contractor employees found by the Government to be unsuitable or whose employment is deemed contrary to the public interest or inconsistent with the best interest of national security, may be prevented from performing work under the particular contract when requested by the contracting officer.

5.6.1 The Contractor shall provide qualified personnel to perform all requirements specified in the SOW. All Contractor personnel performing under this task shall be able to speak, write, and understand English. Contractor shall provide provisions to facilitate requests for non-English customers. All proposed substitutes shall possess qualifications equal to or superior to those being replaced.

The Contractor must possess the technical expertise and knowledge base to address the latest security and privacy requirement needs to protect federal data.

5.6.2 The Contractor shall ensure each Contractor employees is: (1) a citizen of the United States of America or an alien who has been lawfully admitted for permanent residence or employment (indicating by immigration status) as evidenced by Immigration and Naturalization Service documentation; and (2) has favorable background investigations in accordance with DOT Order 1630.2C, Personnel Security Management.

5.6.3 The Contractor must complete and submit the SF –85P background clearance form for each employee of the Contractor within 10 business days of starting work on this contract. If any given Contractor employee does not complete the form within the 10 days, he/she will not be permitted to work under this contract.

5.6.4 The Contractor shall include the above requirements in any subcontract awarded involving access to Government facilities, sensitive information, and/or resources.

5.6.5 The Contractor shall provide a list of the personnel that will require access to all FMCSA data at the start of the contract. Changes to the personnel list must be provided to FMCSA within 3 business days of the change in personnel status.

5.6.6 The Contractor shall provide training to each employee in the security policies and procedures necessary for the Contractor to meet the requirements of this SOW.

5.7 TASK 7: Audit of operator-applicant consent.

The Contractor will audit PSP account holders (motor carriers and industry service providers) in accordance with Pre-Employment Screening Program Audit Requirements and Penalties Process as documented in Appendix C.

5.7.1 The Contractor shall provide qualified personnel to perform all requirements specified in Appendix C.

5.7.2 The Contactor shall demonstrate continual improvement of audit procedures, compliance, and reporting effectiveness.

5.8 TASK 8: PSP education and outreach.

The Contractor will promote PSP participation through ongoing education and outreach.

5.8.1 The Contractor shall provide qualified personnel to educate industry on PSP including, but not limited to, presentations, webinars, exhibitions, the creation, fulfillment, and distribution of collateral, and participation with national and state associations. Contractor will work with FMCSA to ensure that messaging and content are consistent with the agency’s goals and priorities.

5.8.2 The Contractor shall attend industry events with the Government, at the Government’s invitation, to provide PSP expertise to event attendees.

5.8.3 Upon completion of an industry conference or meeting, the Contractor shall send the Government a synopsis of the event.

5.8.4 All costs associated with 5.8.1 and 5.8.2 will be the responsibility of the Contractor.

5.8.5 The Contractor shall (a.) measure outreach effectiveness using Key Performance Indicators (KPIs); (b.) provide quarterly reports with improvement recommendations; (c.) provide monthly internal updates; (d.) provide quarterly public newsletter (with approval from FMCSA); and (e.) develop implementation plans to improve adoptions based on performance data.

5.9 TASK 9: Improving program performance and recommending enhancements and modifications to PSP.

5.9.1 The Contractor shall be responsible for continuous improvement of PSP operations, including: (a.) improving system performance and user experience; (b.) increasing program adoption; (c.) providing data-driven insights to FMCSA; and (e.) delivering quarterly performance reports and improvement plans.

5.9.2 From time to time, the Government may identify opportunities to enhance or improve the system and program in accordance with the agency’s mission. Upon notification by Government of identified requirements, Contractor shall make reasonable effort to identify ability to execute requirements and timeline for execution. Contractor will make good faith effort to deliver enhancements and modifications within the scope of the no-cost contract; to the extent that enhancement(s) or modification(s) require(s) significant capital investment, the parties will address the matter in a mutually agreed upon modification to the contract.

5.9.3 The Contractor shall incorporate user feedback and analytics to prioritize enhancements based on measurable impact to program performance and adoption.

6.0 SCHEDULE OF DELIVERABLES

6.1 Periodic Reports Deliverables: The Contractor shall deliver periodic reports containing some or all of the information from Task 5 on a periodic basis as decided by FMCSA at the time of contract award.

6.2 Ad-Hoc Reports Deliverables: FMCSA may request data elements collected and maintained under Task 5 on an ad-hoc basis.

6.3 Consent Audit Deliverables: Information and data from Task 7 shall be reported by Contractor to FMCSA in accordance with Appendix C, or on an ad-hoc basis as necessary.

6.4 Initial Implementation Deliverable: In the event this SOW is not awarded to the incumbent Contractor and the incumbent Contractor did not previously supply this information to FMCSA, the Draft Standard Operating Procedures (SOP) for delivering the requested services in this SOW and any other supporting documents shall be provided to FMCSA within 1 month of the date of contract award for comment by FMCSA. Likewise, the final SOP and supporting documents shall be delivered to FMCSA 2 weeks prior to the implementation of the systems the Contractor employ to meet the contractual requirements.

7.0 TRANSITION PLANNING

The Phase-in and Phase-out transition periods shall each be 90 days.

The Contractor shall submit a two-part Contract Transition Plan with its proposal that includes the phase-in and phase-out activities necessary to transition the contract to the Contractor at the onset of the contract and to another vendor at the end of the period of performance. The Contractor shall ensure a seamless transition during the phase-in and phase-out transitions. The Contractor shall ensure it provides solutions for both phase-in and phase-out that will require no cost to the Government.

The Transition Plan shall describe a comprehensive approach to successfully perform all requirements in the statement of work during both the phase-in and phase-out periods without interruption. The Contractor shall include its timeline for and approach to receiving and transferring data and system information.

The Transition Plan shall include a comprehensive and proactive approach to managing, at a minimum, the following transition activities:

· Access to FMCSA systems

· Security clearance for employees as needed

· Obtaining and maintaining access to historic data, FAQs, documentation, processes, training, tools, and

· Transferring custody of assets Major Transition Phases, Activities, and Timing The Contractor shall identify the major transition phases, increments, activities, and timing for completion within the allotted timeframe. In addition, the Contractor shall document transition activities, roles and responsibilities, and timelines that are required for successful transition during phase-in and phase-out.

Knowledge Transfer The Contractor shall include its approach for obtaining knowledge from the incumbent Contractor and the Government and its approach for transferring knowledge to a future follow-on Contractor and the Government. The Contractor's approaches shall include, at a minimum, a list of required skill sets, a timeline, a list of required tasks, and a list of all knowledge transfer work (e.g. shadowing, interviews) required for phase-in and phase-out.

Transition Risk Management The Contractor shall identify potential risks associated with the phase-in and phase-out transitions and the primary stakeholder(s) for each risk (incumbent Contractor, Government, or Contractor). Finally, the Contractor shall provide a viable risk response strategy for each risk.

Transition Communications The Contractor shall conduct weekly transition meetings during the first sixty (60) days of the phase-in and phase-out transition periods. Following the first sixty days after contract award, transition meetings may be held less frequently, at the discretion of the Government, but no less than bi-weekly. The Contractor shall utilize these meetings to communicate status, risks, and issues with transition.

Transition-Out Activities At the conclusion of any performance period, including option periods or extensions, the services provided may be awarded to another Contractor. The Contractor in place shall be required to assist in the transition activities.

Transition Deliverables

Appendix A Terms and Conditions for

FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION

PRE-EMPLOYMENT SCREENING PROGRAM (PSP) SUPPORT AND SERVICES

No-Cost Contract

1. DEFINITIONS.

Capitalized terms not otherwise defined and used in the Terms and Conditions have the definitions set forth below.

1.1. "Act" means Public Law 109-59, Section 4117, Safety Performance History Screening, which requires the Government to provide to employers conducting pre-employment screening services motor carriers crash and inspection data.

1.2. "Affiliate" means, any Person which directly or indirectly, is in control of, is controlled by, or is under common control with, Contractor. For purposes of this definition, an entity shall be deemed to be "controlled by" a Person if the Person possesses, directly or indirectly, power either to: (i) vote ten percent (10%) or more of the securities (including convertible securities) having ordinary voting power or (ii) direct or cause the direction of the management or policies of such entity whether by contract or otherwise.

1.3. "DIR" means the driver profile database, “Driver Information Resource”, developed by the Government, and from which data are provided to Contractor during the term of this Contract.

1.4. "DIR Data" means the driver profile data from time to time delivered by the Government to Contractor.

1.5. "FOIA" means the federal Freedom of Information Act, and the U.S. Department of Transportation regulations, Title 49 Code of Federal Regulations (CFR).

1.6. "Intellectual Property Rights" means all property rights that can be protected under international, federal and state law, including, without limitation patents, industrial rights, copyrights, mask works, trademark, and trade secret rights.

1.7. "Liability" means any liability, indebtedness, guaranty, indemnity, claim, loss, damage, deficiency, cost, expense, obligation or responsibility, either accrued, absolute, contingent, mature, un-mature or otherwise.

1.8. "Person" means any person, limited liability company, partnership, trust, unincorporated organization, corporation, association, joint stock company, business, group, government authority or other entity.

1.9. "Proprietary Information" means the computer software applications, interfaces and code developed by Contractor or its Affiliates and used in the System, the related documentation developed by Contractor or its Affiliates, and any other inventions, methods, improvements, works of authorship, designs, processes and procedures, or other information and technology developed by Contractor in the performance of this Contract. The term "Proprietary Information" specifically excludes the DIR, any DIR Data and Third Party Software.

1.10. "Request for Proposal" means the Request for Proposal issued by the Government.

1.11. "Services" means the provision in accordance with this Contract, of commercial drivers' crash and safety violation inspection history from the DIR Data to individual commercial drivers, to motor carriers authorized to receive such data by the commercial drivers for employment screening, to industry service providers authorized to receive such data by the commercial drivers for employment screening, and, as may be authorized in the future, to other Persons, through the Portal, and through written means, and such other services as from time to time may be developed under the Contract.

1.12. “Statement of Work” means the Statement of Work (SOW) for the Pre-Employment Screening Program included in Request for Proposal and the resultant contract.

1.13. "System" means the one or more systems developed by Contractor to perform the services in accordance with the Contract, and shall include the computer hardware, networks, Proprietary Information and Third Party Software used by Contractor in the performance of this Contract.

1.14. ''Third Party Software" means software or documentation created by third parties unaffiliated with Contractor and purchased by Contractor for the performance of this Contract.

1.15. "Transaction Fees" means the fees charged by Contractor to third parties seeking: (i) an electronic copy of a commercial driver's profile, (ii) customer service assistance, and (iii) such other services as from time to time may be developed under the Contract.

1.16. "Transition Period" means the period commencing upon the termination of the Term, and extending for a period of six months.

1.17. "Transaction Record" means, the record of each request for DIR Data processed by Contractor, including, at minimum, the date and time of a request, date and time of fulfillment, name and DOT number (if applicable) of requesting motor carrier, the driver's name, license number, date of birth, and state of domicile of the file being released, and an attestation that the commercial driver consented to release his or her data.

1.18. "Web-based Access Portal" or "Portal" means the website developed and maintained by Contractor through which commercial drivers may request access to DIR Data relating to his or her crash and inspection history.

2. RENEWALS / OPTIONS.

"Term" as used in this Contract shall mean the initial two-year term together with any renewal periods(s) that are approved as provided above.

2.1. This Contract may be renewed, or amended and renewed, for FOUR (4) additional ONE (1) year periods.

2.2. NOTICE OF INTENT TO EXERCISE OPTION PERIOD. The parties agree that FMCSA shall provide the Contractor written preliminary notice of intent to exercise an option period no later than 90 days prior to the beginning of the option period. The preliminary notice does not commit the government to an extension. The government will commit to the option period no later than 30 days before the contract expires. Upon receipt of the preliminary notice, the Contractor may submit sufficient information to the Contracting Officer that demonstrates financial hardship of continued performance. If the Contracting Officer determines, based on the information provided by the Contractor that exercising the option period poses a hardship, the Contracting Officer shall notify the Contractor that the option period may not be exercised. If the government exercises this option period, the extended contract shall be considered to include this clause. The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years and 6 months.

2.3. OPTIONS TO EXTEND SERVICES. The Government may require continued performance of any services within the limits of this contract. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed two (2) six (6) month option periods. The Contracting Officer may exercise the option by written notice to the Contractor within 60 days of expiration.

2.4. OPTIONS TO OFFER ADDITIONAL STATEMENTS OF WORK UNDER THIS CONTRACT. The Government may have requirements for additional no-cost services that could be delivered under the scope of this Contract. Requirements for such services will be detailed in separate Statement(s) of Work and incorporated as part of a modification to this contract.

3. RELATIONSHIP OF PARTIES.

3.1. Except as otherwise expressly provided herein, the parties hereto, in the performance of this Contract, will be acting in an individual capacity and not as agents, employees, partners, joint venturers or associates of one another. The employees or agents of one party shall not be deemed or construed to be the employees or agents of the other party for any purpose whatsoever. Notwithstanding the foregoing, in its performance of the work associated with the Pre-Employment Screening Program (PSP) Statement of Work, Contractor is serving as a conduit of the Government for the purpose of transmitting DIR Data from the Government to those permitted to receive the DIR data. Notwithstanding anything in this Contract to the contrary, neither party assumes any liability for any injury (including death) to any persons, or any damage to any property arising out of the acts or omissions of the agents, employees, or subcontractors of the other party.

3.2. To the extent permitted by law, if Contractor is designated an agent of the Government, it shall enjoy the protection of the doctrine of sovereign immunity in performing its functions under this Contract on behalf of the Government in operating and managing the system and performing the Services, to the full extent that such doctrine is available to Contractor.

4. SERVICES.

Contractor shall perform the services specified in its Proposal, and in a Statement of Work, in a workmanlike manner. If Contractor subcontracts any, part or all of the work defined in the Contract or Statement of Work, including any assignments to partly or wholly owned subsidiaries, Contractor shall ensure that all work performed by each subcontractor(s) is performed in a workmanlike manner.

5. PAYMENT.

5.1. NO FEE CONTRACT. The Government is not responsible for the payment of any funds for services performed by Contractor, unless otherwise specifically agreed to in writing by the parties. Contractor understands that this Contract is a "No Cost" contract, and that the compensation for services rendered under this Contract is derived from Transaction Fees exclusively.

5.2. TRANSACTION FEES. Contractor shall collect Transaction Fees from third parties requesting electronic or hard copies of DIR Data, and such other services as from time to time may be developed under the Contract. Contractor shall not charge any motor carrier more than the U.S. Department of Transportation is authorized to charge for the requested information under FOIA for search fees, and for duplication fees (i.e., paper copies), as applicable. The Contractor shall provide in its response to this solicitation a fee structure that will reflect quantity discounts for simultaneous searches based on the following volume: $10.00 for 1-10 records requested; $X.XX for 11-20 records requested; $X.XX for 21-40 records requested; $X.XX for 41-100 records requested; and $X.XX for 100+ records requested.

5.3. COLLECTION OF TRANSACTION FEES. Contractor shall be responsible for the collection of Transaction Fees, and all such fees collected during the Term of the Contract will be the property of Contractor, and will be used by it in part to offset the costs of developing and maintaining the System, and performing Services. In the event of a transition, the Contractor shall not be able to collect transaction fees until the Contractor’s system is completed and ready for business after a 90-day transition period from the date of award. The Government is not liable for any fees or any costs to Contractor, its subsidiaries, or any subcontractor(s) if the Transaction Fees fail to meet or exceed the costs associated with performance of this Contract, including development and implementation of platform(s) that provide Services.

6. ORDER OF PRECEDENCE.

This Contract consists of the written Contract executed by the Government and Contractor, including: (1) Terms and Conditions, (2) Statement(s) of Work, and (3) Contractor Proposal(s), as clarified, but excluding Contractor additional terms and conditions unless expressly written into the Contract. In the event of conflict or contradiction between or among items (1) through (3), the document with the lower number in the preceding sentence shall control.

7. DRIVER INFORMATION RESOURCE (DIR) DATABASE.

7.1. THE GOVERNMENT RESPONSIBILITIES. The Government is responsible for the accuracy and completeness of the DIR, and for timely delivery of updated accurate and complete DIR Data to Contractor as stated in the terms of the Contract. The Government is responsible for correction of any data in the DIR. Contractor shall direct any requests by commercial drivers for correction of their data to the Government. Contractor is not responsible for receiving and handling disputes concerning the completeness or accuracy of DIR Data, conducting any investigation with respect to the disputed information, reviewing any relevant information, and/or taking any other action with respect to the dispute. Contractor is not responsible for determining whether any item of DIR Data is accurate or complete and cannot be verified, or for reporting the results of any dispute investigation to any consumer reporting agency that received the information. All costs and expenses associated with the maintenance, updating and compilation of the DIR will be borne by the Government. All costs and expenses associated with delivery of updates to the DIR to Contractor will be borne by Government.