Puerto Rico - Engineer Support SOW-RegionIV-Rev2-2.9.2023.pdf

STATEMENT OF WORK

Engineering Support Services for the FTA Region IV San Juan, Puerto Rico Office

1. Background.

1.1. The Federal Transit Administration (FTA) is an agency within the United States Department of Transportation (DOT) that provides financial and technical assistance to local public transit systems. The FTA is one of ten modal administrations within the DOT which is headed by an Administrator who is appointed by the President of the United States. The FTA functions through a Washington, D.C., headquarters office and ten regional offices which assist transit agencies in all states, the District of Columbia, and the US territories.

1.2. Public transportation includes buses, subways, light rail, commuter rail, monorail, passenger ferry boats, trolleys, inclined railways, and people movers. The federal government, through the FTA, provides financial assistance to develop new transit systems and improve, maintain, and operate existing systems. The FTA oversees grants to state and local transit providers, primarily through its ten regional offices. These Recipients are responsible for managing their programs in accordance with federal requirements, and the FTA is responsible for ensuring that Recipients follow federal mandates along with statutory and administrative requirements.

2. Introduction.

2.1. The Federal Transit Administration has a requirement for a temporary onsite Contractor to furnish “transportation engineering support” for the FTA satellite office located in San Juan, Puerto Rico. This office falls under the FTA Region IV office located in Atlanta;

GA headed by a Regional Administrator. FTA Region IV’s responsibilities covers the states of Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, South Carolina, Tennessee, the Commonwealth of Puerto Rico, and the US Virgin Islands.

2.2. The Contractor shall furnish the service(s) of one or more Transportation Engineer or Specialist(s) support who shall work alongside and provide onsite “technical assistance” to the resident Government Employee. The Contractor furnished employee will receive broad work directions from the resident government officials and all work assignments shall be coordinated through the Contracting Officer Representative (COR). Other than providing technical direction to the Contractor personnel in coordination with the COR, the government shall not exercise any supervision or control over the Contractor personnel performing the services. The Contractor personnel shall be accountable solely to the Contractor who is, in turn, responsible to the Government.

2.3. The Contractor will be paid for services performed, based on the contractor’s current negotiated rates, with respect to the contractor's current General Services Administration (GSA) Federal Supply Schedule or Commercial rates. The number of hours paid by the https://www.transit.dot.gov/regulations-and-guidance/fta-circular-umta-c-70201-cross-border-leasing-guidelines https://www.transportation.gov/ https://www.transportation.gov/ https://www.transit.dot.gov/about/regional-offices/region-4/region-4

Government will not include an allotted ½ hour for lunch for workdays exceeding 6 hours per day. The Contractor furnished personnel must be proficient in and able to understand and communicate (orally and in writing) in both English and Spanish. The Government may approve Contractor requests to telework on an ad hoc basis as necessary as per FTA’s operating procedures. The ad-hoc telework must be approved by the FTA COR and/or FTA Alternate COR, as well as the FTA Contracting Officer (CO).

2.4. For simplicity purposes, from this point on, the term “The Contractor” will make reference to either the Contractor and/or its personnel.

3. Specific Tasks.

The Contractor shall serve within the FTA Regional Office Performing Transportation Engineering or Specialist duties as a Project Management technical expert, or team of experts coordinating to fill one full-time position, for all matters involving FTA grant administration issues in all three modes of mass transit systems in Puerto Rico: rail, bus, and ferries. One technical expert with experience in all three modes is preferred. The position's primary mission is to provide oversight, technical expertise, assistance, and coordination in support of FTA's oversight duties/responsibilities including but not limited to the following:

3.1. Task 1: Provide Guidance and Assistance with Grants Management.

The Contractor shall provide support to the FTA program manager with engineering advice and guidance assisting in the implementation and completion of FTA capital projects, and grants that result in efficient, effective, safe, dependable, and maintainable mass transit systems. This includes the following:

3.1.1. Task 2: Pre-award Support.

The Contractor shall conduct onsite visits during the grant development stage. The Contractor shall identify when the recipient’s actual and stated needs are in conflict and assure timely intervention when there are indications that the proposed project will not satisfy the Recipient’s actual needs. The Contractor shall perform a technical review of the grant application to ensure compliance with FTA program requirements and eligibility. The Contractor shall also assist in the analysis of completeness and accuracy of cost estimates, project schedule, real state, risk assessments, and/or specialized studies as directed.

3.1.2. Task 3: Post-award Support.

The Contractor shall conduct inspections of projects during construction and rehabilitation including the coordination of site visit schedules. The Contractor shall assist in project management and oversight activities including contract review, invoice review, or any other supporting documentation, and adherence to grant terms. The Contractor shall provide technical advice and guidance to recipients on approved projects. The Contractor shall also analyze problems that arise during the development and management of projects and helps formulate practical solutions that are often adopted as general engineering practice. In addition, the Contractor shall also assist the FTA program manager in organizing monitoring review meetings with selected recipients including developing agendas, taking meeting notes and assisting with technical expertise, and following up with actions. The Contractor shall also assist in the review of completeness and accuracy of select financial and milestones progress reports, closeouts, and disposition requests, among others.

3.2. Task 4: Operations Support.

The Contractor shall conduct monitoring visits during project operations. Duties include conducting analysis of complex problems including special studies, as directed. Review and evaluate if the Recipient is adequately performing required preventive maintenance activities for its FTA-funded projects.

3.3. Task 5: Recipient Technical Capacity and Capability Reviews.

The Contractor shall provide support in the review and evaluation of the Recipients’ management, organization, and project definition data to assist the FTA in determining the technical capacity and capability of the Recipient, to implement proposed and current Federal projects efficiently and effectively. This includes the following:

3.3.1. The assessment shall include, but not be limited to key Recipient personnel and Recipient consultant personnel interviews, a review of the Recipient’s organization, policies, procedures, and line of authority (including succession planning), as well as a review of Recipients’ consultants and their contractors, and how these consultants are being integrated into the Recipient’s organization without conflict of interest.

3.3.2. If, in the opinion of the Contractor, the Recipient does not possess the technical capacity and/or capability to carry out the proposed project, the Contractor may be required to make written recommendations to correct the deficiencies identified.

3.4. Task 6: Provide Understanding and Compliance of FTA’s Objectives and Requirements.

The Contractor shall provide support to Recipients in understanding compliance with FTA’s programs, objectives policies, and requirements. This includes the following:

3.4.1. Gathering and analyzing FTA oversight review (e.g., comprehensive triennial review, state management reviews, etc.) findings responses to reach full compliance.

3.4.2. Assist FTA in overseeing Recipients’ procurement of rolling stock, services, and equipment to help achieve FTA’s procurement requirements.

3.5. Task 7: Review Recipient’s Safety and Security Management Projects.

The Contractor shall review and evaluate if the Recipient is adequately performing required safety and security management activities for its FTA funded projects.

3.6. Task 8: Review and Evaluate Recipient’s Fleet Management Plans.

The Contractor shall review and evaluate recipients’ Fleet Management plans. The Contractor shall also evaluate the extent to which the Recipient has met the requirement to have a Fleet Management Plan, as well as the Recipient’s ability to carry out the Plan.

The Contractor shall first examine whether all the required factors have been included in the Plan, and then provide opinions on whether the Plan is:

3.6.1. Feasible, based on the resources immediately available to the Recipient.

3.6.2. Sustainable, based on the long-term infrastructure and resources anticipated to be available to the Recipient.

3.6.3. Comprehensive, based on its consideration of the required factors to properly maintain and operate the new or refurbished vehicles contemplated.

3.7. Task 9: Conduct Onsite Inspections and Identify Fleet Management Best Practices.

The Contractor may be asked to share its knowledge of fleet management practices with the Recipient and serve as a resource by lending its experience and knowledge of other plans that exhibit “best practices” in the industry. FTA may require the Contractor to conduct onsite inspections of equipment, related facilities, data, documentation, or records to evaluate the Recipient’s effectiveness in implementing the Fleet Management Plan in conformance with the grant agreement, sound operating or engineering practices, or other statutory and administrative requirements. Inspection visits may be required, for example, to follow up on information received from the Recipient about an event with a significant impact on the project.

Deliverables.

SOW

Reference Description of Deliverables Frequency of

Deliverables Tasks

3.1 through 3.7

Provide ongoing Engineering support in Rail, Ferry, and Bus Services to the Puerto Rico FTA Office as described in the Statement of Work

(SOW).

Meets due dates assigned by FTA management and provides prompt responses, and periodic updates, as necessary or required, to internal and external requests for information or project review status.

Provides timely customer service to FTA staff, Recipients, and the public in a respectful professional manager.

Actively engages in program-related meetings; offering alternative approaches to solutions and assisting with overcoming challenges.

Provides technical assistance to recipients through meetings, conference calls, and communications in a clear, concise, and efficient manner.

Demonstrates initiative and independence.

Sets priorities and completes work assignments in an accurate, timely, and efficient manner.

Writes clear, well organized, researched, and analyzed documents and project issues, which are conveyed in any memos, reports, and presentations, consistent with applicable guidelines and/or instructions.

As required by the

COR.

On a day-to-day basis, The Contractor will be supporting FTA in a variety of tasks, associated with one or multiple FTA funded projects or programs, as depicted in this SOW. Those tasks, that will be identified and assigned by the CO, or COR as delegated, do not necessarily have a specific, pre-established frequency or due dates. The CO, or COR as delegated, will communicate to the Contractor the due date for each of the tasks assigned, based on FTA’s priorities and goals for the PR and USVI recipients.

4. Contractor Qualifications.

The Contractor shall possess the following Qualifications:

Minimum of fifteen (15) years of management experience in Project Planning, Engineering, and Construction of large capital projects including at least 5 years of project management oversight in passenger rail and buses and at least 5 years of maritime experience.

4.1. All candidates must meet the following requirements to qualify for consideration for an engineering position as follows:

4.1.1. Successful completion of a Bachelor of Science (B.S.) or Master of Science (M.S.)

Degree in Engineering or a related field from an accredited university or college or

4.1.2. A combination of education or training:

College-level education, training, and/or technical experience that has furnished (1) a thorough knowledge of the physical and mathematical sciences underlying engineering or related technical fields, and (2) a good understanding, both theoretical and practical, of the engineering sciences and techniques and their applications to one of the branches of engineering or related fields.

4.1.3. Licensure as a Professional Engineer (P.E.) is desirable, but not required.

4.1.4. Project Management Professional (P.M.P.) certification is desirable, but not required.

4.1.5. The Contractor furnished personnel must be able to understand and communicate in both the written and spoken words of both Spanish & English in the specialized field of Transportation Engineering and shall have the specialized knowledge and experience described below.

4.1.6. The Contractor furnished personnel shall have specialized knowledge and experience in passenger rail, ferry, and buses, or related transportation modes for the elements shown below:

4.1.6.1. Engineering design management.

4.1.6.2. Project planning management.

4.1.6.3. Construction management.

4.1.6.4. Federal grant management process.

4.1.6.5. Regulatory and compliance experience.

4.1.6.6. Project oversight services.

4.1.6.7. Knowledge of FTA requirements and detailed experience in areas such as Financial Management and Procurement.

4.1.6.8. Proficiency in computer use (e.g., Microsoft Office, Adobe, etc.)

4.1.6.9. Maritime and ferry vessel systems, operation, and maintenance.

4.1.6.10. Rail systems, operation, and maintenance.

4.1.6.11. Bus systems, operation, and maintenance.

5. Official Duty Hours.

Official Duty hours shall consist of a forty (40-hour) work week to be performed during the operational hours of the government office. The Contractor shall advise the COR of any planned absences such as vacations by Contractor personnel not less than ten (10) calendar days prior to the event. The Contractor shall be responsible for advising the COR of emergency absences as soon as possible, but no later than at least four (4) hours prior to the commencement of the work shift.

6. Key Personnel and/or Facilities

6.1. The personnel and/or facilities as specified below are considered essential to the work being performed hereunder and may, with the consent of the contracting parties, be changed from time to time during the contract by adding or deleting personnel, labor categories, and/or facilities, as appropriate. The Contractor may propose an individual for multiple labor categories (including key and non-key positions), provided the individual meets all the required qualifications for each labor category. However, FTA will look at the Offeror’s overall ability to meet the anticipated workload of the program.

6.2. Lead Engineer or Specialist.

Name Position (Insert Key Personnel Position)

6.2.1. The Government has identified the key personnel above for management, administration, and technical responsibility functions of the contract. The Contractor's Representative shall be the primary point of contact for the day-to-day aspects of the Contract's requirements and their implementation.

6.3. Key Personnel Requirements.

6.3.1. The Offeror's proposal shall include a current resume for the key personnel. Key personnel resumes shall include information regarding the individual's education, professional and technical background, and qualifications, as well as work experience relevant to the Contractor qualification, as stated in Section 5.

6.3.2. If the performance of assigned Contractor personnel or any substitute(s) is determined by the Government to be unsatisfactory at any time during the life of the Contract, the Government reserves the right to request and receive satisfactory personnel replacement within thirty (30) calendar days of receipt by the Contractor of written notification. Notification will include the reason for requesting replacement personnel.

6.3.3. The Contractor supplied personnel are employees of the Contractor and under the administrative control and supervision of the Contractor. The Contractor, through its personnel, shall perform the tasks prescribed herein. The Contractor shall select, supervise, and exercise control and direction over its employees (including sub-contractors) under this Contract. The Government shall not exercise any supervision or control over the Contractor in his performance of contractual services under this requirement. The Contractor is accountable to the Government for the action of its personnel.

6.3.4. The Contractor is herewith notified that employee recruiting and employee retention practices shall be monitored during the period of the contract in the context of performance.

6.4. Key Personnel Substitution/Replacement Process.

6.4.1. Key personnel identified shall be available as proposed for at least a one-year period unless they permanently leave the employment of the company. Unless otherwise agreed to in writing by the Contracting Officer, the Contractor shall be responsible for providing such personnel for performance for the term required. Failure to provide the personnel designated above may be considered non-performance by the Contractor unless such failure is beyond the control, and through no fault or negligence of the Contractor.

6.4.2. The Contractor shall immediately notify the Contracting Officer and the COR of any Key Personnel's departure and the reasons, therefore. Within 30 days, the Contractor shall take steps to rectify this situation and shall propose a fully qualified substitute candidate for the vacated position along with a budget impact statement in sufficient detail to permit evaluation of the impact on the program. Substitute personnel qualifications shall be equal to, or greater than, those of the personnel proposed to be substituted. If the Government Contracting Officer and the COR determine that the proposed substitute personnel is unacceptable, or that the reduction of effort would be so substantial as to impair the successful performance of work, the Contractor may be subject to default action. The Contractor shall not make Key Personnel replacements without the approval of the COR and the written consent of the CO.

6.4.3. In evaluating the justification and proposed substitution(s) of key personnel throughout the period of performance of this contract, the COR and CO reserve the right to make an assessment on the technical and/or professional qualifications of the proposed substituting individual(s). The COR and CO further reserve the right to disallow the utilization of the proposed substituting individual(s) for performance on the subject contract, when the technical and/or professional qualifications of the proposed individuals are determined, by the COR or CO, (1) not to be substantially equivalent to the technical and/or professional qualifications of the key personnel they are to substitute, or (2) not sufficient to reasonably ensure successful performance or otherwise endanger project performance, progression, or completion.

6.4.4. Accordingly, the contractor agrees to assign to this contract those key persons whose resumes were submitted with the proposal necessary to fulfill the requirements of the contract. No substitution shall be made without (as noted in the above paragraphs) prior notification to and concurrence of the CO and the COR.

The CO and COR shall be notified in writing of any proposed substitution at least thirty days, in advance of the proposed substitution. Such notification shall include:

(1) an explanation of the circumstances necessitating the substitution; (2) a complete resume of the proposed substitute; and (3) any other information requested by the contracting officer to facilitate a judgment of whether or not the contractor is maintaining the same high quality of personnel that provided the partial basis for award. The approval of the COR and CO will be in the form of a modification to the contract as applicable.

7. Place of Performance.

For the purposes of this requirement, “Official Duty Station” shall be defined as the Contractor’s primary place of work or regular worksite. The required services are to be performed onsite, at the FTA Puerto Rico Office. The office is currently located within the San Juan, PR area. The government shall not be responsible for payment of any commuting or telecommuting services to/from the Official Duty Station or for payment of any Contractor re-location expenses.

8. Period of Performance.

The period of performance under the resultant contract will be for an estimated 12 months as follows except when it is determined to not be in the best interest of the Government.

Contract Period Dates

Base year Date of contract award – 12 months

1st Option Period TBD

2nd Option Period TBD

3rd Option Period TBD

4th Option Period TBD

9. Travel, Per Diem, and Transportation Expenses

9.1. The Government shall not be responsible for the payment of any travel costs to and from Puerto Rico, in the performance of the resultant SOW, and shall not pay per diem expenses. The following official travel and/or trips to participate in meetings with FTA shall be eligible for reimbursement of expenses:

9.1.1.1. Two (2) trips per year to the FTA Region IV Office in Atlanta, GA including on-site visit to State recipients. FTA meets with the PR Transit agencies every quarter, alternating the meeting location between the FTA PR Office and the FTA Region IV Atlanta Office. FTA expects the Contractors support during the meetings held in Atlanta, GA.

Also, as part of the trip, FTA may schedule peer exchanges in the form of on-site visit(s) to FTA GA recipients and/or FTA-funded transit systems within GA. The peer exchanges will be in connection to assisting the FTA PR and/or USVI recipients.

9.1.1.2. Up to two (2) trips, if determined necessary by FTA, over the contract’s period of performance, within the Continental U.S. and/or United States Virgin Island (USVI). The trip(s) will take place only if FTA determine are necessary to advance the Agency goals and mission for PR and/or USVI.

The trip may consist of supporting FTA in peer exchanges or by attending to a conference (held by FTA, other Federal agency or non-profit organization), or visiting other FTA recipient(s) and/or FTA-funded transit systems with overall goal of the trip will `be assisting the FTA PR and/or USVI recipients.

9.2. All travel requires specific advance written approval by the CO, or COR as delegated.

The Government approval of travel may be specific to a trip(s) or, more general, for routine or frequent travel. Government acceptance of price quotes for work assignments with itemized estimated associated travel expenses per assignment and trip may be considered written approval.

9.3. Travel and subsistence reimbursements shall be authorized under the rates and conditions of the Federal Travel Regulations. The Federal Travel Regulations are available online at https://www.gsa.gov. Travel by air shall be reimbursed at actual cost not to exceed coach fare. Contractors shall not charge General & Administrative (G&A) costs or other overhead charges to any reimbursable travel expenses.

9.4. Per diem shall be reimbursed at actual cost, not to exceed the per diem rates set forth in Federal Property Management Regulations (FPMR) 41 CFR Subpart F and any other supplement in effect at the time of travel. Travel of more than 10 hours, but less than 24 hours, when no lodging is required, per diem shall be one-half of the Meals and Incidental Expenses (M&IE) rate applicable to the location of the temporary duty assignment. If more than one temporary duty point is involved, the allowance shall be one-half of the M&IE rate prescribed for the location where most of the time is spent performing official business. The Per diem allowance shall not be allowed when the period of official travel is 10 hours or less during the same calendar day.

9.5. Transportation expenses by privately owned vehicle, to travel to other municipalities within Puerto Rico, which are FTA recipients, to execute the tasks included in Section 3 of this SOW and/or in the performance of the duties, shall be reimbursed at the current GSA-approved mileage rate and in accordance with the reimbursable expense https://www.ecfr.gov/current/title-41/subtitle-F authorization. If the Contractor incurs travel costs in excess of the amount shown in a specific TO, it is at their own expense.

For this requirement, "Official Duty Station" shall be defined as the individual's primary place of work. This may include the Contractor's office where the individual is located or the individual's home office. Local travel shall be considered all travel within a 50-mile radius of the Individual's Duty Station. The government shall not be responsible for payment of any commuting or telecommuting services to/from the Official Duty Station or for payment of any Contractor re-location expenses. FTA may reimburse for local mileage expenses, associated with official FTA business, which exceeds the Contractor's normal commuting costs. FTA does not pay per diem for local travel.

9.6. Travel or transportation expenses of any kind incurred for personal convenience between the home and the Contractor's business location (or, in the case of subcontractor personnel, home, and the subcontractor) will not be reimbursed under the terms of the resultant contract. Personal convenience may be described as an indirect route as a matter of personal preference, a premature departure from personal reasons from a temporary location; or extending a stay for personal reasons or more than the amount required for the official business.

10. Organizational Conflict of Interest.

An organizational conflict of interest means that because of other activities or relationships with other persons or entities:

10.1.1. The Contractor is unable, potentially unable, or may give the appearance of being unable to render impartial assistance or advice to the Government, or

10.1.2. The Contractor’s objectivity in performing the contract work is, might, or may give the appearance of being otherwise impaired,

10.1.3. The Contractor has or may appear to have an unfair competitive advantage.

10.2. Organizational Conflict of interest includes situations where the capacity of a

Contractor (including the Contractor’s executives, directors, consultants, subsidiaries, parent companies, or subcontractors) to give impartial, technically sound advice or objective assistance is, may be, or may appear to be impaired or may otherwise result in a biased work product because of any past, present or planned interest, financial or otherwise, in organizations regulated by or assisted by DOT or in organizations whose interest may be substantially affected by Departmental activities.

10.3. The Contractor is responsible for maintaining and providing up-to-date conflict of interest information to the Contracting Officer. If, after the award of this contract, the Contractor discovers a conflict of interest with respect to this contract which could not reasonably have been known prior to award, or if any additional conflicts or potential conflicts arise after award, the Contractor shall give written notice to the Contracting

Officer. This notice shall describe the actual, apparent, or potential conflict of interest, the action(s) the Contractor has taken or proposes to take to avoid or mitigate any conflict and shall set forth any other information which the Contractor believes would be helpful to the Contracting Officer in analyzing the situation.

10.4. The Contractor has the responsibility of formulating and forwarding a proposed mitigation plan to the Contracting Officer, for review and consideration. This responsibility arises when the Contractor first learns of an actual, apparent, or potential conflict of interest. A corporate counsel review of the proposed mitigation plan is necessary to ensure a timely review and final determination by the Contracting Officer.

10.5. If the Contracting Officer in his/her discretion determines that the Contractor's actual, apparent, or potential conflict of interest remains, or the measures proposed are insufficient to avoid or mitigate the conflict, the Contracting Officer will direct a course of action to the Contractor designed to avoid, neutralize, or mitigate the conflict of interest. If the parties fail to reach agreement on a course of action, or if having reached such agreement the Contractor fails to strictly adhere to such agreement during the remaining period of contract performance, the Contracting Officer has the discretion to terminate the contract for default. No determination or decision by the Contracting Officer under this clause shall be reviewable under Federal Acquisition Regulation (FAR) Clause 52.233-1, Disputes (May 2014), which is also incorporated by reference herein.

10.6. The Contractor's misrepresentation of facts in connection with a conflict of interest reported or a Contractor’s failure to disclose a conflict of interest as required shall be a basis for default termination of this requirement. The Contractor shall inform the Contracting Officer within thirty (30) calendar days of the effective date of any corporate mergers, acquisitions, and/or divestures that may affect this provision.

10.7. The Contractor is prohibited from submitting qualifications, bids, proposals, offers, solicitations, or similar documents to a Recipient to which it is providing or may provide any oversight activity under this contract without prior written approval from the CO. Management of conflicts of interest by the Contractor will be a part of performance evaluations. The Contractor shall insert the substance of this clause in each first-tier subcontract that exceeds the simplified acquisition threshold.

10.8. In addition to the requirements of contract clause above entitled “Organizational Conflicts of Interest,” the following provisions regarding employee personnel performing under this contract shall apply until the earlier of the following two dates:

the termination date of the affected employee(s) or the expiration date of the contract.

10.9. The Contractor agrees to notify the COR immediately and the Contracting Officer of

(1) any actual or potential personal conflict of interest regarding any of its employees working on or having access to information regarding this contract, or (2) any such conflicts concerning subcontractor employees or consultants working on or having https://www.acquisition.gov/far/52.233-1 https://www.acquisition.gov/far/52.233-1 access to information regarding this contract when such conflicts have been reported to the Contractor. A personal conflict of interest is defined as a relationship of an employee, subcontractor employee, or consultant with an entity that may impair the objectivity of the employee, subcontractor employee, or consultant in performing the contract work.

10.10. The Contractor agrees to notify the COR and Contracting Officer prior to incurring costs for that employee's work when an employee may have a personal conflict of interest. In the event that the personal conflict of interest does not become known until after performance on the contract begins, the Contractor shall immediately notify the CO of the personal conflict of interest. The Contractor shall continue performance of this contract until notified by the Contracting Officer of the appropriate action to be taken.

10.11. The Contractor agrees to insert in any subcontract or consultant agreement placed hereunder provisions which shall conform substantially to the language of this clause, including this paragraph (d), unless otherwise authorized by the Contracting Officer.

10.12. The Contractor and Contractor personnel shall perform under the resultant contract may receive have access to or participate in the development of proprietary or source selection information, perform services that may create a current or subsequent Organizational Conflict of Interest (OCI) as defined in the Federal Acquisition Regulation (FAR) Subpart 9.5 - Organizational and Consultant Conflicts of Interest.

The Contractor shall notify the CO immediately whenever it becomes aware that such access or participation may result in any actual or potential OCI and shall promptly submit a plan to the CO to avoid or mitigate any such OCI. The Contractor’s mitigation plan will be determined to be acceptable solely at the discretion of the CO and in the event, the contracting officer unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the CO may impose other remedies as he or she deems necessary, including prohibiting the Contractor from participation in subsequent contracted requirements which may be affected by the OCI.

11. Government Furnished Equipment (GFE).

The Government will provide all necessary supplies, equipment (i.e., computers, telephones, desks, etc.), and instructions relative to FTA business practices.

11.1. Official Use of Government Owned, Rented, and Leased Vehicles

Per the U.S. Department of Transportation (DOT) Order 4440.3D, Section I, subsection e, “DOT contractors on TDY (Temporary Duty) may only operate Government-owned, leased, or rented motor vehicles if specific language authorizing this action is stated in the applicable contract.” With previous written CO authorization before each trip, or COR authorization as delegated, FTA may allow the Contractor to operate any available Government (FTA) Owned, Rented, and/or Leased Vehicles to transact official Government business, in this case the tasks, locally, within 50 miles of the https://www.acquisition.gov/far/part-9#FAR_Subpart_9_5 https://www.acquisition.gov/far/part-9#FAR_Subpart_9_5

Official Duty Station. In this case, official Government business will be described as the execution of the tasks included in Section 3 of this SOW.

The Contractor must comply and will be subject to the requirements established in the DOT Order 4440.3D. Additionally, to any other applicable DOT and FTA Standard Operating Procedure(s), order(s), regulation(s), guideline(s), and any other applicable local laws and regulations. The FTA Office Administrator Fleet Manager, in coordination with the CO and COR will ensure that all Government-owned, contractor-operated (GOCO) vehicles comply with the above-mentioned requirements.

The Contractor does not need to incur in costs associated with operating the government owned, rented, and/or leased vehicles. Government owned vehicles’ registration, licensing, and insurance requirements differ from privately owned vehicles requirements; the U.S. Federal Government fleet is self-insured. Also, FTA uses a commercial fleet credit card to pay for its fleet fuel, maintenance, and repair services.

12. Government Furnished Information (GFI).

The resultant requirement shall include but may not be limited to the following regulations:

Sampling Procedures for Obtaining Demand-Responsive Bus System Operating Data Required Under the Section 15 Reporting System

• Circular: UMTA C 2710.2A

• Topic: Accounting

• Date: July 22, 1988

Section 15 Accounting and Reporting Release Number 1

• Circular: UMTA C 2710.6

• Topic: Accounting

• Date: July 01, 1988

Section 15 Accounting and Reporting Release Number 2

• Circular: UMTA C 2710.7

• Topic: Accounting

• Date: July 01, 1988

Third Party Contracting Guidance

• Circular: FTA C 4220.1F

• Topic: Procurement

• Date: March 18, 2013

Title VI Requirements and Guidelines for Federal Transit Administration Recipients

• Circular: FTA C 4702.1B

• Topic: Civil Rights

• Date: October 01, 2012

Environmental Justice Policy Guidance for Federal Transit Administration Recipients

• Circular: FTA C 4703.1

• Topic: Environmental Review/Civil Rights

• Date: August 15, 2012 https://www.transit.dot.gov/sites/fta.dot.gov/files/docs/UMTA_C_2710.2A_1.pdf https://www.transit.dot.gov/sites/fta.dot.gov/files/docs/UMTA_C_2710.2A_1.pdf https://www.transit.dot.gov/sites/fta.dot.gov/files/docs/UMTA_C_2710.6.pdf https://www.transit.dot.gov/regulations-and-guidance/fta-circular-umta-c-27107-section-15-accounting-and-reporting-release https://www.transit.dot.gov/regulations-and-guidance/fta-circulars/third-party-contracting-guidance https://www.transit.dot.gov/regulations-and-guidance/fta-circulars/title-vi-requirements-and-guidelines-federal-transit https://www.transit.dot.gov/regulations-and-guidance/fta-circulars/environmental-justice-policy-guidance-federal-transit

Equal Employment Opportunity (EEO) Requirements and Guidelines for Federal Transit Administration Recipients

• Circular: FTA C 4704.1A

• Topic: Civil Rights

• Date: April 20, 2017

Americans with Disabilities Act: Guidance

• Circular: FTA C 4710.1

• Topic: Civil Rights

• Date: November 04, 2015

Human Resource Programs (Section 20) Application and Project Management Guidelines

• Circular: UMTA C 4715.1A

• Topic: Civil Rights

• Date: July 26, 1988

Award Management Requirements

• Circular: FTA C 5010.1E

• Topic: Award Management

• Date: July 16, 2018

Bus and Bus Facilities Program: Guidance and Application Instructions

• Circular: FTA C 5100.1

• Topic: Bus and Bus Facilities Program

• Date: May 18, 2015

Full-Funding Grant Agreements Guidance

• Circular: FTA C 5200.1A

• Topic: Grants Management - General

• Date: December 05, 2002

State of Good Repair Grant Program: Guidance and Application Instructions

• Circular: FTA C 5300.1

• Topic: State of Good Repair Program

• Date: February 28, 2015

Safety and Security Management Guidance for Major Capital Projects

• Circular: FTA C 5800.1

• Topic: Safety and Security for Major Capital Projects

• Date: August 01, 2007

Research, Technical Assistance, and Training Program: Application Instructions and Program Management Guidelines

• Circular: FTA C 6100.1E

• Topic: Technology Development and Deployment

• Date: May 11, 2015

Guidance on Joint Development

• Circular: FTA C 7050.1A

• Topic: Joint Development

• Date: August 25, 2014

Financial Capacity Policy https://www.transit.dot.gov/regulations-and-guidance/civil-rights-ada/eeo-circular https://www.transit.dot.gov/regulations-and-guidance/civil-rights-ada/eeo-circular https://www.transit.dot.gov/regulations-and-guidance/fta-circulars/americans-disabilities-act-guidance-pdf https://www.transit.dot.gov/regulations-and-guidance/fta-circular-umta-c-47151a-human-resource-programs-section-20-application https://www.transit.dot.gov/regulations-and-guidance/fta-circulars/award-management-requirements-circular-50101e https://www.transit.dot.gov/regulations-and-guidance/fta-circulars/bus-and-bus-facilities-program-guidance-and-application https://www.transit.dot.gov/regulations-and-guidance/fta-circulars/full-funding-grant-agreements-guidance https://www.transit.dot.gov/regulations-and-guidance/fta-circulars/state-good-repair-grant-program-guidance-and-application https://www.transit.dot.gov/regulations-and-guidance/fta-circulars/safety-and-security-management-guidance-major-capital https://www.transit.dot.gov/regulations-and-guidance/fta-circular-61001e-research-technical-assistance-and-training-programs https://www.transit.dot.gov/regulations-and-guidance/fta-circular-61001e-research-technical-assistance-and-training-programs https://www.transit.dot.gov/regulations-and-guidance/fta-c-70501-guidance-joint-development https://www.transit.dot.gov/regulations-and-guidance/fta-circulars/financial-capacity-policy

• Circular: FTA C 7008.1A

• Topic: Policy and Program Development

• Date: January 30, 2002

Cross-Border Leasing Guidelines

• Circular: UMTA C 7020.1

• Topic: Policy and Program Development

• Date: April 26, 1990

Program Guidance for Metropolitan Planning and State Planning and Research Program Grants

• Circular: FTA C 8100.1D

• Topic: Planning

• Date: September 10, 2008

Urbanized Area Formula Program: Program Guidance and Application Instructions

• Circular: FTA C 9030.1E

• Topic: Urbanized Area Formula Program

• Date: January 16, 2014

Formula Grants for Rural Areas: Program Guidance and Application Instructions

• Circular: FTA C 9040.1G

• Topic: Capital Facilities and Formula Grant Program

• Date: November 24, 2014

New Freedom Program Guidance and Application Instructions

• Circular: FTA C 9045.1

• Topic: Formula Grant Programs

• Date: May 01, 2007

The Job Access and Reverse Commute (JARC) Program Guidance and Application Instructions

• Circular: FTA C 9050.1

• Topic: Formula Grant & Direct Apportionment Programs

• Date: May 01, 2007

Enhanced Mobility of Seniors and Individuals with Disabilities Program Guidance and Application Instructions

• Circular: FTA C 9070.1G

• Topic: Enhanced Mobility of Seniors and Individuals with Disabilities Program

• Date: July 07, 2014

Capital Investment Program Guidance and Application Instructions

• Circular: FTA C 9300.1B

• Topic: Capital Facilities and Formula Grant Programs

• Date: November 01, 2008

Intergovernmental Review of FTA Planning, Capital and Operating Programs, and Activities

• Circular: UMTA C 9500.1

• Topic: Capital Facilities and Formula Grant Programs

• Date: March 30, 1984 https://www.transit.dot.gov/regulations-and-guidance/fta-circular-umta-c-70201-cross-border-leasing-guidelines https://www.transit.dot.gov/regulations-and-guidance/fta-circulars/program-guidance-metropolitan-planning-and-state-planning-a-0 https://www.transit.dot.gov/regulations-and-guidance/fta-circulars/program-guidance-metropolitan-planning-and-state-planning-a-0 https://www.transit.dot.gov/regulations-and-guidance/fta-circulars/urbanized-area-formula-program-program-guidance-and https://www.transit.dot.gov/regulations-and-guidance/fta-circulars/formula-grants-rural-areas-program-guidance-and-application https://www.transit.dot.gov/regulations-and-guidance/fta-circulars/new-freedom-program-guidance-and-application-instructions https://www.transit.dot.gov/regulations-and-guidance/fta-circulars/job-access-and-reverse-commute-jarc-program-guidance-and https://www.transit.dot.gov/regulations-and-guidance/fta-circulars/job-access-and-reverse-commute-jarc-program-guidance-and https://www.transit.dot.gov/regulations-and-guidance/fta-circulars/enhanced-mobility-seniors-and-individuals-disabilities https://www.transit.dot.gov/regulations-and-guidance/fta-circulars/enhanced-mobility-seniors-and-individuals-disabilities https://www.transit.dot.gov/regulations-and-guidance/fta-circulars/capital-investment-program-guidance-and-application https://www.transit.dot.gov/regulations-and-guidance/fta-circulars/intergovernmental-review-fta-planning-capital-and-operating