RFP 693JJ322R000009 non-core telecom.docx

Combined Synopsis/Solicitation for the Office of the Chief Information Officer (OCIO) non-core Telecommunications Operations and Maintenance Support Services and Related Supplies

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a SF 1449 will not be issued.

The solicitation number is 693JJ322R000009. The solicitation is issued as a Request for Proposals (RFP). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2021-07, effective January 28. 2022.

This procurement is a total set-aside for small businesses. The NAICS code for this procurement is 517311– Wired Telecommunications Carrier. The small business size standard for this NAICS code is 1,500 employees.

This combined synopsis solicitation contains ten (10) firm-fixed price line items. The items, quantities and units of measure, and optional line items can be found in Attachment 3.2 – Price Schedule and price model.

This procurement seeks to acquire the Operations and Maintenance (O&M) support for The Department of Transportation (DOT)’s non-core telecommunication environment and assets, infrastructure environments, and support services and related supplies. The non-core O&M includes all services and supplies required for: DOT telecommunication’s cabling and connectivity infrastructure; telecommunications room management and connectivity; telecommunications assets inventory; the moves, adds and changes (MAC) of customer provided equipment (CPE); telecommunications environment management; and, other support services and related supply requirements associated with the O&M of DOT’s non-core telecommunication environment.

A more detailed description of requirements, dates and places of performance are provided in the attached solicitation documents.

The provisions at 52.212-1 Instructions to Offerors–Commercial Items, applies to this acquisition; an addendum to 52-212-1 is provided in the attached solicitation document.

The provision at 52.212-2 Evaluation–Commercial Items applies to this acquisition; an addendum to 52-212-2 is provided in the attached solicitation document

Offerors shall include a completed copy of the provision at 52.212-3, Offeror Representations and Certifications–Commercial Items, with its offer. If the offeror’s annual representations and certifications are current in the U.S. Government beta.SAM.gov system, the offeror may merely state that the offeror’s representations and certifications are available through SAM in lieu of submitting the annual representations and certifications as part of the offeror’s proposal.

The clause 52.212-4 Contract Terms and Conditions–Commercial Items applies to this procurement. An addendum to 52-212-4 is provided in the attached solicitation document.

The clause 52.212-5, Contract Terms and Conditions Required To Implement Statutes Or Executive Orders–Commercial Items, applies to this acquisition; additional FAR and other clauses applicable to this acquisition are included in the attached solicitation document.

Defense Priorities and Allocation System (DPAS) does not apply to this acquisition.

Questions regarding this solicitation shall be submitted in electronic format to Catherine.Shade@dot.gov and Kyle.Griggs@dot.gov, no later than the times specified in Section 4.3.2 of the solicitation.

Proposals shall be submitted in electronic format to the contract specialist at Catherine.Shade@dot.gov and Kyle.Griggs@dot.gov, no later than the times specified in Section 4.3.3 of the solicitation.

PART I – CONTINUATION OF BLOCK 20 OF THE SF 1449

1.1 SCHEDULE OF SUPPLIES/SERIVCES

The United States Department of Transportation (DOT), Office of the Chief Information Officer (OCIO) requires Operations and Maintenance (O&M) support for DOT’s non-core telecommunication environment and assets, infrastructure environments, and support services and related supplies.

The non-core O&M includes all services and supplies required for: DOT telecommunication’s cabling and connectivity infrastructure; telecommunications room management and connectivity; telecommunications assets inventory; the moves, adds and changes (MAC) of customer provided equipment (CPE); telecommunications environment management; and other support services and related supply requirements associated with the O&M of DOT’s non-core telecommunication environment.

The offeror shall prepare Attachment 3.2 - Price Schedule and Price Model, which will be used in the Government’s evaluation of the offeror’s price and will be used as the basis for the Continuation of Block 20 – Schedule of Supplies/Services in the awarded task order on the SF 1449. Further pricing instructions are found at Section 4.3 – Instruction to Offerors.

1.2 IDIQ MINIMUM AND MAXIMUM CONTRACT AMOUNTS

This is an Indefinite Delivery/Indefinite Quantity (IDIQ) Contract utilizing Firm-Fixed-Price (FFP) and Time-and-Materials (TM)/Labor Hour (LH) Task Orders (TOs) in accordance with FAR 16.500.

During the term of the contract, the Government shall place orders totaling a minimum of $10,000.00. The maximum amount of all task orders issued against all contracts awarded as a result of this acquisition shall not exceed a ceiling of $25,000,000.00.

1.3 SCHEDULE OF RATES

All TOs issued on a FFP/TM/LH basis will be subject to the pricing set forth in Attachment 3.2 - Price Schedule and Price Model. Labor categories and hourly labor rate ceilings governing TOs under this IDIQ contract shall conform to Attachment 3.2. The hourly labor rates (unit of issue) are the maximum burdened rates allowable for TM/LH TOs. The Contractor may elect to propose lower hourly rates on a TO basis. The rates that are proposed and accepted at the time of TO award shall remain in effect with the TO award.

The hourly labor rates reflect fully-burdened hourly rates for each labor category with all proportional overhead, fringe, profit/fee, G&A, etc. The labor rates under this contract represent the blended hourly rates and include Contractor employee labor, subcontractor employee labor, and consultant labor. The labor rates set forth in the table reflect the rate applicable for performance at a Government site or for performance at a Contractor site.

At any time and throughout the life of the contract, at the request of either the Contractor or the Government, the Contractor may propose additional labor categories, rates and descriptions in addition to the Government labor categories. These additional labor categories, rates, and descriptions will be negotiated on a case-by-case basis.

NOTE TO OFFERORS: Price proposals shall adhere to the pricing structure established in Attachment 3.2 - Price Schedule and Price Model and instructions in Section 4.3. The fully burdened TM/LH ceiling rates awarded at initial IDIQ contract award shall serve as the basis for all future year pricing for those ceiling rates. Resulting IDIQ contracts will include Attachment 3.2 - Price Schedule and Price Model with the accepted Contractor loaded labor rates inserted in the pricing table.

PART II – CONTRACT CLAUSES/ TERMS AND CONDITIONS

2.1 ADDENDUM TO FAR 52.212-4 -- CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS

The following clauses are incorporated into FAR 52.212-4 as an addendum to this contract.

2.1.1 FAR 52.252-2 -- CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

FAR: https://www.acquisition.gov/browse/index/far

Date

AUG 2020

2.1.2 FAR 52.203-14 -- DISPLAY OF HOTLINE POSTER(S) (JUN 2020)

(a) Definition. United States, as used in this clause, means the 50 States, the District of Columbia, and outlying areas.

(b) Display of fraud hotline poster(s). Except as provided in paragraph (c)—

(1) During contract performance in the United States, the Contractor shall prominently display in common work areas within business segments performing work under this contract and at contract work sites-

(i) Any agency fraud hotline poster or Department of Homeland Security (DHS) fraud hotline poster identified in paragraph (b)(3) of this clause; and

(ii) Any DHS fraud hotline poster subsequently identified by the Contracting Officer.

(2) Additionally, if the Contractor maintains a company website as a method of providing information to employees, the Contractor shall display an electronic version of the poster(s) at the website

(3) Any required posters may be obtained as follows:

(c) If the Contractor has implemented a business ethics and conduct awareness program, including a reporting mechanism, such as a hotline poster, then the Contractor need not display any agency fraud hotline posters as required in paragraph (b) of this clause, other than any required DHS posters

(d) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (d), in all subcontracts that exceed the threshold specified in Federal Acquisition Regulation 3.1004(b)(1) on the date of subcontract award, except when the subcontract—

(1) Is for the acquisition of a commercial item; or

(2) Is performed entirely outside the United States.

(End of clause)

2.1.3 FAR 52.216-19 – ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $25,000.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor-

(1) Any order for a single item in excess of $12,000,000.00.

(2) Any order for a combination of items in excess of the contract ceiling amount; or

(3) A series of orders from the same ordering office within 1 day that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 5 days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of clause)

2.1.4 52.216-22 INDEFINITE QUANTITY. (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum”.

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided that the Contractor shall not be required to make any deliveries under this contract twelve months after the end of the ordering period.

2.1.5 FAR 52.217-8 -- OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed six months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days.

(End of clause)

2.1.6 FAR 52.217-9 -- OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 15 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 66 months.

(End of clause)

2.1.7 FAR 52.223-99 - ENSURING ADEQUATE COVID-19 SAFETY PROTOCOLS FOR FEDERAL CONTRACTORS (OCT 2021) (DEVIATION)

(a) Definition. As used in this clause -

United States or its outlying areas means—

(1) The fifty States;

(2) The District of Columbia;

(3) The commonwealths of Puerto Rico and the Northern Mariana Islands;

(4) The territories of American Samoa, Guam, and the United States Virgin Islands; and

(5) The minor outlying islands of Baker Island, Howland Island, Jarvis Island, Johnston Atoll, Kingman Reef, Midway Islands, Navassa Island, Palmyra Atoll, and Wake Atoll.

(b) Authority. This clause implements Executive Order 14042, Ensuring Adequate COVID Safety Protocols for Federal Contractors, dated September 9, 2021 (published in the Federal Register on September 14, 2021, 86 FR 50985).

(c) Compliance. The Contractor shall comply with all guidance, including guidance conveyed through Frequently Asked Questions, as amended during the performance of this contract, for contractor workplace locations published by the Safer Federal Workforce Task Force (Task Force Guidance) at https:/www.saferfederalworkforce.gov/contractors/.

(d) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (d), in subcontracts at any tier that exceed the simplified acquisition threshold, as defined in Federal Acquisition Regulation 2.101 on the date of subcontract award, and are for services, including construction, performed in whole or in part within the United States or its outlying areas.

(End of clause)

2.1.8 TAR CLAUSES INCORPORATED BY REFERNCE

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

TAR: https://www.acquisition.gov/tar

Date

2.1.8.1 TAR 1252.237-70 QUALIFICATIONS OF CONTRACTOR EMPLOYEES (APR 2005)

a) Definitions. As used in this clause- Sensitive Information is any information that, if subject to unauthorized access, modification, loss, or misuse, or is proprietary data, could adversely affect the national interest, the conduct of Federal programs, or the privacy of individuals specified in The Privacy Act, 5 U.S.C. 552a, but has not been specifically authorized under criteria established by an Executive Order or an Act of Congress to be kept secret in the interest of national defense or foreign policy.

b) Work under this contract may involve access to sensitive information which shall not be disclosed, by the contractor unless authorized in writing by the contracting officer. To protect sensitive information, the contractor shall provide training to any contractor employees authorized to access sensitive information, and upon request of the Government, provide information as to an individual’s suitability to have authorization.

c) The Contracting Officer may require dismissal from work those employees deemed incompetent, careless, insubordinate, unsuitable, or otherwise objectionable, or whose continued employment is deemed contrary to the public interest or inconsistent with the best interest of national security.

d) Contractor employees working on this contract must complete such forms, as may be necessary for security or other reasons, including the conduct of background investigations to determine suitability. Completed forms shall be submitted as directed by the Contracting Officer. Upon the Contracting Officers request, the contractor's employees shall be fingerprinted, or subject to other investigations as required.

e) The contractor shall ensure that contractor employees are:

f) The Contractor shall immediately notify the contracting officer when an employee no longer requires access to DOT computer systems due to transfer, completion of a project retirement or termination of employment.

g) The Contractor shall include the substance of this clause in all subcontracts at any tier where the subcontractor may have access to Government facilities, sensitive information, or resources.

2.1.8.2 TAR 1252.237-72 PROHIBITION ON ADVERTISING (JAN 1996)

The Contractor or its representatives (including training instructors) shall not advertise or solicit business from attendees for private, non-Government training during contracted-for training sessions. This prohibition extends to unsolicited oral comments, distribution or sales of written materials, and/or sales of promotional videos or audio tapes. The contractor agrees to insert this clause in its subcontracts.

2.1.8.3 TAR 1252.237-73 KEY PERSONNEL (APR 2005)

(a) The personnel as specified below are considered essential to the work being performed under this contract and may, with the consent of the contracting parties, be changed from time to time during the course of the contract by adding or deleting personnel, as appropriate.

(b) Before removing, replacing, or diverting any of the specified individuals, the contractor shall notify the Contracting Officer, in writing, before the change becomes effective. The contractor shall submit information to support the proposed action to enable the contracting officer to evaluate the potential impact of the change on the contract. The contractor shall not remove or replace personnel under this contract until the Contracting Officer approves the change.

The Key Personnel under this Contract are:

· Program Manager

· Distributed Antenna System (DAS) Lead

· Wide Local Area Network (WLAN) Lead

· Senior Systems Engineer

· Data Center Operations Lead

· Data Center Infrastructure (DCIM) Manager

2.1.9 INFORMATION ASSURANCE

The Contractor may have access to sensitive (to include privileged and confidential) data, information, and materials of the U.S. Government. These printed and electronic documents are for internal use only and remain the sole property of the U.S. Government. Some of these materials are protected by the Privacy Act of 1974 (AMENDED) and Title 38. Unauthorized disclosure of Privacy Act or Title 38 covered materials is a criminal offense.

2.1.10 CONTRACT ADMINISTRATION DATA

The Contractor shall provide sufficient management to ensure that this contract is performed efficiently, accurately, on time, and in compliance with the requirements of this document.

2.1.11 CONTRACT ADMINISTRATION POINTS OF CONTACT

(a) Contracting Officer’s Representative (COR):

Provided after award.

(b) Contract Specialist (CS):

Provided after award.

(c) Contracting Officer (CO):

Provided after award.

2.1.12 CONTRACTING OFFICER’S AUTHORITY

The Contracting Officer is the only person authorized to make or approve any changes in any of the requirements of this contract, and, notwithstanding any provisions contained elsewhere in this contract, the said authority remains solely with the Contracting Officer. In the event the contractor makes any changes at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract terms and conditions, including price.

2.1.13 CONTRACTING OFFICER’S REPRESENTATIVE (COR) AND TASK ORDER COR

a) The Contracting Officer is the only individual authorized to enter into or terminate this contract, modify any term or condition of this contract, waive any requirement of this contract, or accept nonconforming work delivered under this contract.

(b) The Contracting Officer will designate the Contracting Officer’s Representative at the time of award. The COR’s responsibilities shall include technical monitoring of the contractor’s performance on the overall contract award and inspecting and accepting deliveries under the contract. The COR shall be appointed in writing, at which time all of the responsibilities of the COR shall be detailed, and a copy of the appointment memorandum shall be furnished to the contractor. Any changes to the COR delegation shall be made in writing through modification to this contract and changes to the existing memorandum or by issuance of a new appointment memorandum. Copies of any changes shall be provided to the contractor.

As needed, the Contracting Officer may appoint a task order Contracting Officer’s Representative (TOCOR). The TOCOR’s responsibilities shall include technical monitoring of the contractor’s performance as well as inspecting and accepting deliveries under specified task order(s). Any changes to the TOCOR delegation will be made in writing, either by changes to the existing memorandum or by issuance of a new appointment memorandum. Notification of any changes will be provided to the contractor and COR.

(c) The COR and, if designated, the TOCOR are not authorized to perform, formally or informally, any of the following actions:

(1) Promise, award, agree to award, or execute any contract, contract modification, or notice of intent that changes or may change this contract;

(2) Waive or agree to any modification of the delivery schedule;

(3) Make any final decision on any contract matter subject to the Disputes Clause;

(4) Terminate, for any reason, the contractor’s right to proceed, or issue any order causing the contractor to stop work; or,

(5) Obligate in any way, the payment of money by the Government.

(d) The contractor shall comply with the written or oral direction of the Contracting Officer or authorized representative(s) acting within the scope and authority of the appointment memorandum. The contractor need not proceed with direction that it considers to have been issued without proper authority. The contractor shall notify the Contracting Officer in writing, with as much detail as possible, when the COR or TOCOR, if applicable, has taken an action or has issued direction (written or oral) that the contractor considers to exceed the COR or TOCOR’s appointment, within 3 days of the occurrence. Unless otherwise provided in this contract, the contractor assumes all costs, risks, liabilities, and consequences of performing any work it is directed to perform that falls within any of the categories defined in paragraph (c) prior to receipt of the Contracting Officer’s response issued under paragraph (e) of this clause.

(e) The Contracting Officer shall respond in writing within 30 days to any notice made under paragraph (d) of this clause. A failure of the parties to agree upon the nature of a direction, or upon the contract action to be taken with respect thereto, shall be subject to the provisions of the Disputes clause of this contract.

(f) The contractor shall provide copies of all correspondence to the Contracting Officer and the COR and TOCOR, if applicable.

(g) Any action(s) taken by the contractor, in response to any direction given by any person acting on behalf of the Government or any Government official other than the Contracting Officer or the COR acting within his or her appointment, shall be at the contractor’s risk.

2.1.14 TECHNICAL DIRECTION

Performance of the work under individual task orders is subject to the Technical Direction of the COR. The term “Technical Direction” is defined to include, without limitation, the following:

(a) Direction to the Contractor which redirects the efforts, shifts work emphasis between work areas, requires pursuit of certain lines of inquiry, fills in details, provides project based estimates, or otherwise serves to accomplish the task order requirements;

(b) Provision of information to the Contractor that assists in the interpretation of drawings, specifications or technical portions of the work description; and,

(c) Review and approval/rejection of technical reports, drawings, specifications and technical information to be delivered by the Contractor.

All Technical Direction must be within the general scope of work stated in the contract. The COR does not have the authority to and may not issue any Technical Direction that:

(a) Constitutes an assignment of additional work outside the general scope of the base contract;

(b) Constitutes a change as defines in the base contract clause entitled “Changes”;

(c) In any manner causes an increase or decrease in prices set forth in Section B; or

(d) Changes any of the expressed terms, conditions or specifications of the contract.

All Technical Direction must be issued in writing, or shall be confirmed in writing by the COR within 3 working days after issuance. The Contractor shall proceed promptly with the performance of duly issued Technical Directions. However, if in the opinion of the Contractor, the direction issued but the COR is within one of the prescribed categories in (a) through (d) above, the Contractor shall not proceed, but shall notify the Contracting Officer in writing, within 3 working days after receipt of any such direction. The Contracting Officer will determine if the Technical Direction is proper, or if a contract modification would be required to properly implement the direction. Failure of the parties to agree upon the nature of the direction or upon the contract action to be taken with respect thereto shall be subject to the clause included in Section I entitled “Disputes.”

1.

2.

2.1 2.1.11 2.1.12 2.1.13 2.1.14

2.1.15 CONTRACTOR SUPERVISION

The contractor shall provide total supervision of its staff. Government personnel are not authorized or permitted to supervise any contractor personnel. The contractor's Program Manager (PM) for this contract shall communicate with the COR to determine the Government's work requirements as set forth in the Statement of Work (SOW) and shall assure that these requirements are fulfilled. In the event the designed PM is incapacitated due to illness or injury or otherwise is to be removed by the contractor during the contract performance, replacement of the incumbent PM shall be subject to the approval of the CO.

2.1.16 TASK ORDER PROCEDURE

All funds expended under this contract shall be incurred and accounted for under individual task orders. All task orders are subject to the terms and conditions of this contract.

The following ordering procedures apply to all task orders issued under this contract. All task orders under this contract will be competed unless a special exemption to competition applies. Any supplies/services to be furnished under this contract will be ordered by issuance of written TOs. TOs shall be issued in accordance with FAR 52.216-18, 52.216-19, and 52.216-22. In addition:

(a) Only an authorized DOT CO can issue a task order for this contract.

(b) All task orders are subject to the terms and conditions of the contract. In the event of conflict between a task order and the contract, the contract will take precedence.

(c) All costs associated with preparation, presentation, and/or discussion of the contractor’s task order proposal shall not be billable as direct contract expenses.

(d) The CO will issue task order Proposal Requests (TOPRs) electronically to the IDIQ contractor awardee in accordance with Fair Opportunity to Compete clause, as requirements are identified. Each TOPR will indicate the task order type, the due date for proposal submission, any Government estimates for equipment and/or travel, any special requirements, and the selection criteria. Task Orders with FFP task orders will be clearly labeled as such in TOPRs. The IDIQ Rates will be used to conduct cost analysis on FFP order proposals.

(e) Upon receipt of a TOPR, the contractor shall prepare and submit a written task order proposal with a price proposal within the timeframe specified for submission. The task order proposal shall be prepared in accordance with the instructions in the TOPR.

(f) Upon selection/acceptance of a task order proposal, the CO shall execute a task order. This task order will contain, as a minimum, the following information:

2.1.17 ON-SITE DUTY HOURS (IF APPLICABLE)

Working hours shall generally be from 7:00 a.m. to 7:00 p.m. Eastern Time (ET), including lunch, Monday through Friday, at the DOT HQ location, and 7:00 a.m. to 3:00 p.m. ET at the FAA and Stennis, Mississippi location, exclusive of legal holidays, unless otherwise requested or approved by the COR. The specific hours will be listed per each task order.

2.1.18 FEDERAL HOLIDAYS AND CLOSURES

The DOT offices are closed for the following Federal holidays and occasionally during other designated periods. Contractors who support this IDIQ contract may be required to continue to perform work at DOT HQ or other facilities on these days or during those periods designated for closure:

Memorial Day Juneteenth Thanksgiving Day Christmas Day

Independence Day

When any such day falls on a Saturday, the preceding Friday is observed; when any such day falls on Sunday, the following Monday is observed.

Government closures may occur during the contract performance period as a result of an Executive Order, Office of Personnel Management direction or other form of Federal proclamation. These closures are often due to inclement weather, potentially hazardous conditions or other special circumstances. The contractor may need to continue services during the closure or delays of this nature during the performance period do not entitle the contractor to additional compensation or to an automatic period of performance extension. The CO and/or COR will provide additional guidance as listed on the awarded task orders.

2.1.19 RESTRICTIONS AND STANDARDS OF CONDUCT (ALL TYPES WITH PERFORMANCE AT DOT FACILITIES)

The contractor's employees shall conduct only business covered by this contract during periods paid for by the DOT and shall not conduct any other business on Government premises. Contractor personnel shall abide by the normal rules and regulations applicable to the DOT premises, including any applicable safety and security regulations.

2.1.20 LIABILITY

The Government cannot indemnify the contractor or its subcontractor(s) if applicable from liability as a result of the performance of work under this contract. Therefore, the contractor is required to obtain adequate property, vehicle and liability insurance during the entire period of performance, as appropriate, in accordance with the clause at FAR 52.228-7, which is incorporated into this contract in Section I. Evidence of such insurance must be submitted to the Contracting Officer as a condition of award.

2.1.21 VEHICULAR AND GENERAL PUBLIC LIABILITY INSURANCE

(a) The Government cannot indemnify the contractor or its subcontractor(s) from liability as a result of the performance of work under this contract. The contractor shall be liable for, and shall indemnify and hold harmless the Government against all actions or claims for loss of or damage to property or the injury or death of persons, resulting from the fault, negligence, or wrongful act or omission of the contractor, its agents, or its employees.

(b) Therefore, if the contractor is required under the SOW of this contract or any task order issued hereunder, to operate motor vehicles, trailers, and/or marine vessels owned or leased by the Government, the contractor shall obtain adequate property, vehicle and liability insurance during the entire period of performance.

(c) The contractor agrees to maintain, during the continuance of this contract, vehicular or water craft damage (collision and comprehensive), liability, and general public liability insurance with limits of liability for:

(d) The U.S. Department of Transportation shall be listed as an Additional Insured Party of any policy obtained under this contract.

(e) The contractor shall notify the CO in writing that the required insurance has been obtained and shall furnish a copy of any policies to the CO. The policies evidencing required insurance shall contain an endorsement to the effect that any cancellation or any material change adversely affecting the interests of the Government shall not be effective until 30 days after written notice has been provided to the CO. The policies shall exclude any claim by the insurer for subrogation against the Government by reason of any payment under the policies.

2.1.22 PAYMENT- (IDIQ)

For each FFP task order, the Government shall pay the contractor for the prices delineated in each task order. Proportional payments may be made based on an established Milestone Payment Schedule for work performed and accepted. Payment shall be made upon review and written acceptance of the FFP deliverable(s) by the Government.

For each TM/LH task order, the contractor may request payment on a monthly basis for work performed during the preceding reporting period. The contractor shall provide sufficient detail, including fully burdened labor rates and hours worked, to support the invoice. See FAR 52.232-7 Payments Under Time-and-Material and Labor-Hour Contracts.

The contractor shall not accrue costs in excess of the amount funded under a TM/LH task order. Any work performed in excess of the amount funded is at the contractor’s own risk.

2.1.23 NOTIFICATION OF EXPENDITURE OF FUNDS (TM/LH Only)

The contractor shall notify the CS and COR in writing, within 5 calendar days, when costs incurred exceed 75% of the obligated funds.

2.1.24 TRAVEL AND PER DIEM

Travel (other than local) may be expected to occur throughout the duration of the contract and must have the advance written approval of the COR.

The contractor shall invoice in accordance with FAR 31.205-46, Travel Costs, and Federal Travel Regulations, and must submit documentation of all travel costs.

Travel requirements under this contract shall be met using the most economical form of transportation available. All travel shall be scheduled sufficiently in advance to take advantage of offered discount rates, unless authorized by the CO.

The following web site provides information on current Per Diem rates:

http://www.gsa.gov/portal/category/100120

2.1.25 INVOCING INSTRUCTIONS - iSUPPLIER CLAUSE

ELECTRONIC SUBMISSION OF PAYMENT REQUESTS

(a) Definitions. As used in this clause—

(1) Contract financing payment has the meaning given in FAR 32.001.

(2) Payment request means a bill, voucher, invoice, or request for contract financing payment or invoice payment with associated supporting documentation. The payment request must comply with the requirements identified in FAR 32.905(b), “Content of Invoices,” this clause, and the applicable Payment clause included in this contract.

(3) Electronic form means an automated system transmitting information electronically according to the accepted electronic data transmission methods and formats identified in paragraph (c) of this clause. Facsimile, email, and scanned documents are not acceptable electronic forms for submission of payment requests.

(4) Invoice payment has the meaning given in FAR 32.001.

(b) Electronic payment requests. Except as provided in paragraph (e) of this clause, the Contractor shall submit payment requests in electronic form. Purchases paid with a Governmentwide commercial purchase card are considered to be an electronic transaction for purposes of this rule, and therefore no additional electronic invoice submission is required.

(c) The Department of Transportation utilizes the Delphi eInvoicing web-portal for processing invoices. For vendors submitting invoices, and certain grantees submitting payment requests, they will be required to submit invoices via Delphi eInvoicing which is accessed and authenticated via www.login.gov

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

(1) Invoice number and invoice date.

(2) Period of performance covered by invoice.

(3) Contract number and title.

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

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

(6) Total ($) of billing.

(7) Cumulative total billed for all contract work to date.

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

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

(e) Payment system registration. All persons accessing the Delphi eInvoicing web-portal will be required to have their own unique user Delphi eInvoicing ID and password and be credentialed through login.gov.

(1) Electronic authentication. See www.login.gov for instructions. Click on the following link for instructions on establishing a login.gov account: https://login.gov/help/creating-an-account/how-to-create-an-account/

(2) To create a login.gov account, the user will need a valid email address and a working phone number. The user will create a password and then login.gov will reply with an email confirming the email address.

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

If the Vendor has any general questions or issues accessing the iSupplier web-portal, please have them contact the ESC iSupplier helpdesk either at:

· https://einvoice.esc.gov/

· Call Delphi helpdesk at 1-866-641-3500, option #4, then option #3

(4) Training on Delphi. To facilitate use of DELPHI, comprehensive user information is available at http://einvoice.esc.gov.

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

· To add new points of contacts, Vendors are to submit the name(s), email address(es) and phone number(s) to HCFA-10@dot.gov Account Management The Vendor shall contact their COR or TOCOR when POCs leave their organization or will no longer be submitting invoices, with the full name, title, phone number, e-mail address, and user ID of the POC. The user ID will then be removed. If a user ID becomes inactive/times out due no activity by the POC, the Vendor shall contact their COR or TOCOR with the full name, title, phone number, e-mail address, and user ID of the POC to be reactivated. To prevent being timed out due to no-activity, users should login once within 45 days of their last login.

Waivers The Department of Transportation Financial Management officials may, on a case by case basis, waive the requirement to register and use the DELPHI eInvoicing System. Waiver request forms can be obtained on the DELPHI eInvoicing website (http://www.dot.gov/cfo/delphi-einvoicing-system.html) or by contacting the COR. All Vendors must explain why they are unable to use or access the Internet to register and enter payment requests.

All waiver requests shall be sent via mail to:

Director of the Office of Financial Management US Department of Transportation, B-30 Office of Financial Management, Room W93-431 1200 New Jersey Avenue SE Washington DC 20590-0001 or electronically to: DOTeInvoicing@dot.gov The Director of the DOT Office of Financial Management will confirm or deny the request within approximately 30 days. If a Vendor is granted a Waiver, Requests for Advance or Reimbursement and required supporting documents, shall be sent via regular U.S. Postal Service to the following address:

Federal Highway Administration Invoice Processing P.O. Box 268865 Oklahoma City, OK 73126-8865 Attention: (Fill-in Name of Contract Specialist) Invoices submitted via an overnight service must use the following physical address:

MMAC

FHWA/AMZ-150

6500 MacArthur Blvd.

Oklahoma City, OK 73169 Attention: (Accounting Technician) Express Delivery Point of Contact: Lead Account Technician, 405-954-8252 All invoices, regardless of submission method, must identify the Contract Specialist as the invoicing point of contact.

2.2 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS-COMMERCIAL ITEMS (JAN 2021)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (JUL 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

(5) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 ( 19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: [Contracting Officer check as appropriate.] _X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUNE 2020), with Alternate I (OCT 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

_ X _ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (JUN 2020) (41 U.S.C. 3509)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

_ X _ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).

__ (5) [Reserved].

__ (6) 52.204-14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).

__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).

_ X _ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (JUN 2020) (31 U.S.C. 6101 note).

_ X _ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) (41 U.S.C. 2313).

__ (10) [Reserved].

__ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (MAR 2020) (15 U.S.C. 657a).

__ (ii) Alternate I (MAR 2020) of 52.219-3.

__ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (MAR 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (ii) Alternate I (MAR 2020) of 52.219-4.

__ (13) [Reserved] _ X _ (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

__ (ii) Alternate I (MAR 2020) of 52.219-6.

__ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

__ (ii) Alternate I (MAR 2020) of 52.219-7.

__ (16) 52.219-8, Utilization of Small Business Concerns (OCT 2018) (15 U.S.C. 637(d)(2) and (3)).

__ (17) (i) 52.219-9, Small Business Subcontracting Plan (JUN 2020) (15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (NOV 2016) of 52.219-9.

__ (iii) Alternate II (NOV 2016) of 52.219-9.

__ (iv) Alternate III (JUN 2020) of 52.219-9.

__ (v) Alternate IV (JUN 2020) of 52.219-9 __ (18) (i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).

__ (ii) Alternate I (MAR 2020) of 52.219-13.

_ X _ (19) 52.219-14, Limitations on Subcontracting (MAR 2020) (15 U.S.C. 637(a)(14)).

__ (20) 52.219-16, Liquidated Damages-Subcontracting Plan (JAN 1999) (15 U.S.C. 637(d)(4)(F)(i)).

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (MAR 2020) (15 U.S.C. 657f).

_ X _ (22) (i) 52.219-28, Post Award Small Business Program Representation (NOV 2020) (15 U.S.C. 632(a)(2)).

__ (ii) Alternate I (MAR 2020) of 52.219-28.

__ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (MAR 2020) (15 U.S.C. 637(m)).

__ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Mar2020) (15 U.S.C. 637(m)).

__ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).

__ (26) 52.219-33, Nonmanufacturer Rule (MAR 2020) (15U.S.C. 637(a)(17)).

_ X _ (27) 52.222-3, Convict Labor (JUN 2003) (E.O.11755).

_ X _ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (JAN2020) (E.O.13126).

_ X _ (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

_ X _ (30) (i) 52.222-26, Equal Opportunity (SEP 2016) (E.O.11246).

_ X _ (ii) Alternate I (FEB 1999) of 52.222-26.

_ X _ (31) (i) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

__ (ii) Alternate I (JUL 2014) of 52.222-35.

_ X _ (32) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

__ (ii) Alternate I (JUL 2014) of 52.222-36.

__ (33) 52.222-37, Employment…