RFP 693JK424R500004 DOT Parking Management Services.pdf

Solicitation 693JK424R500004, DOT Garage Parking Management Services

U.S. Department of Transportation Office of the Secretary of Transportation 1200 New Jersey Ave, SE Washington DC 20590

May 28, 2024

Subject: Request for Proposal (RFP #693JK424R500004) DOT Parking Garage Management Service

Dear Prospective Offerors, The Department of Transportation (DOT), Office of the Senior Procurement Executive has a requirement for the subject support services for its Office of Transportation Services (TRANServe), within the Office of the Assistant Secretary for Administration.

This is a COMBINED SYNOPSIS/SOLICITATION for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation to be issued for this requirement as proposals are being requested and a written solicitation will not be issued. Interested parties are responsible for monitoring www.sam.gov to ensure they have the most current information in reference to this acquisition.

This requirement will be awarded as a commercial item under the procedures outlined in FAR Part 12. The North American Industrial Classification System (NAICS) code for this procurement is 812930, “Parking Lots and Garages," with a small business size standard of $47.0 Million. This combined synopsis/solicitation RFP is 100% Small Business Set-Aside.

The DOT anticipates the award of a Firm Fixed Price (FFP) contract from this RFP.

The resultant award shall consist of five years: one (1) base period and four (4) one year option periods.

Interested Offerors are requested to provide the Technical and Price proposals in accordance with Section 14-16 of the RFP.

Questions relative to the RPF should be directed to Abdul Latifi and Robin Gates via email by no later than June 4, 2024, at 12:00 Noon Eastern Time.

Submissions are due no later than June 24, 2024 at 12:00 Noon Eastern Time via email to Abdul.Latifi.ctr@dot.gov with a courtesy copy to Robin.Gates@dot.gov and ostcompetitions@dot.gov. Please reference: “RFP: 693JK424R500004 DOT Parking Garage Management Service” in the subject line.

Thanks in advance for your interest in the Department of Transportation and its programs.

Sincerely, Robin D. Gates Contracting Officer OST, Acquisition Services http://www.sam.gov/ mailto:Abdul.Latifi.ctr@dot.gov mailto:Robin.Gates@dot.gov mailto:ostcompetitions@dot.gov

1. CONTRACT PRICING

This is a Firm Fixed Price contract in the amount of $_____________. Funding in the amount of $________________is provided at award.

(Table with negotiated per year prices will be inserted upon award)

BASE YEAR

CLIN LABOR CATAGORIES UNIT HOURS RATE Estimated Dollar Amount 00001 Parking Lot Attendants 7 1,912 $.0.00 $0.00

00002

Additional Attendants (overtime)

Not To Exceed (NTE)

$0.00

Total Price $0.00

OPTION YEAR ONE (1)

CLIN LABOR CATAGORIES UNIT HOURS RATE Estimated Dollar Amount 00001 Parking Lot Attendants 7 1,912 $.0.00 $0.00

00002

Additional Attendants (overtime)

OPTION YEAR TWO (2)

CLIN LABOR CATAGORIES UNIT HOURS RATE Estimated Dollar Amount 00001 Parking Lot Attendants 7 1,912 $.0.00 $0.00

00002

Additional Attendants (overtime)

OPTION YEAR THREE (3)

CLIN LABOR CATAGORIES UNIT HOURS RATE Estimated Dollar Amount 00001 Parking Lot Attendants 7 1,912 $.0.00 $0.00

00002

Additional Attendants (overtime)

OPTION YEAR FOUR (4)

CLIN LABOR CATAGORIES UNIT HOURS RATE Estimated Dollar Amount 00001 Parking Lot Attendants 7 1,912 $.0.00 $0.00

00002

Additional Attendants (overtime)

Period of Performance Contract Total Base Year $0.00 Option Year One (1) $0.00 Option Year Two (2) $0.00 Option Year Three (3) $0.00 Option Year Four (4) $0.00 Grand Total $0.00

Note: Note: Offerors shall not include the overtime (OT) price in the total price. The overtime Price and

Hours are subject to COR approval.

2. STATEMENT OF WORK

2.1 BACKGROUND

The Office of Transportation Services (TRANServe), within the Office of the Assistant Secretary for Administration, U.S. Department of Transportation (DOT), provides parking services associated with the TRANServe Office and the Parking and Transit Office located in the DOT Headquarters Building (the "Garage"). The DOT Headquarters complex (the "Facility") is located at the Southeast Federal Center, 1200 New Jersey Avenue, SE, Washington, DC 20590.

2.2 SCOPE OF WORK

2.2.1. Parking and Transportation

(a) The Contractor shall provide a minimum of 950 parking spaces achieved through stacking/tandem parking for full size and compact vehicles. All parking shall be available on a month-to-month and daily basis. The total numbers of spaces identified in this paragraph is in addition to the 145 government spaces. The total number of spaces is also in addition to 29 motorcycles and 50 bicycle spaces, and 3 spaces provided to Garage Contractor support personnel. The Contractor and DOT acknowledge that it is only possible to provide this number of spaces within the Garage if all DOT personnel abide by the rules and regulations established by the Contractor and ensure that all tandem spaces be utilized fully. This requires that all DOT personnel parking in tandem spaces pull completely forward and utilize the interior space. To this end, both DOT and the Contractor will take all steps necessary to communicate with DOT employees to ensure that all personnel parking within the garage understands the requirement to pull forward completely.

(b) The Contractor shall admit official Government tagged vehicles with DOT decals without the display of DOT parking permits. These vehicles will park in the 145 spaces that are provided and these vehicles will display decals that will identify them as vehicles that are permitted to utilize the 145 spaces.

(c) The Contractor shall provide the necessary labor and supervision to provide parking operation services.

(d) The Contractor's staff shall be fully trained and shall also interact with parking patrons in a professional and courteous manner consistent with generally accepted commercial standards of performance.

(e) Cars will be parked by the permit holder or experienced parking attendants. The Contractor shall provide stacked/ tandem parking in efficient and effective manner without damage, by best efforts, to any vehicle in accordance with commercial practices and parking will be accomplished for optimal use of available space in conjunction with DOT parking management staff. Parking Attendants will be required to direct and accomplish the movement of DOT employee vehicles and DOT contractor's private vehicles from the Garage entry point to stacked/ tandem parking positions.

(f) The Contractor shall provide coverage beginning at 6:00am with one attendant on duty and staggered arrival of remaining attendants to be fully staffed by the core hours of operation of the parking facility from the hours of 8:00 a.m. to 8:00 p.m. Monday through Friday, excluding legal Federal holidays (“Normal Working Hours”). Customers can pick up their keys where they parked until 6:00 p.m. After 6:00 p.m., customers can pick up their keys at the attendant booth on P-1 from 6:00 p.m. to 8:00 p.m., keys not picked up by 8:00 p.m will be secured by the Contractor and may be picked up at the P-1 level booth beginning at 6: 00 a.m the following business day. The Contractor shall have an attendant available at the bottom of the entry ramp beginning at 6:00am daily. In the event DOT requires additional hours of coverage (Overtime), the cost of said coverage shall be borne by DOT, the contractor will coordinate with DOT prior to working any overtime and if approved by DOT’s COR.

DOT may require unscheduled overtime and may require same day coverage. It is the responsibility of the attendant to move and ensure that no vehicle remaining in the garage after core Normal Working Hours is parked in a position so as to be blocked or to prevent employees from exiting the garage on their own without assistance. The contractor will provide an after-hour emergency telephone service that will allow DOT employees access to parking attendant services after 8:00 p.m. Monday through Friday.

(g) All Government offices will be closed, except for minimum essential personnel required for in-house operations, during Federal holidays. Except as otherwise specified, the Contractor shall not schedule routine work on Federal holidays. When such holidays fall on a Saturday, the preceding Friday will be considered a holiday.

When such holidays fall on a Sunday, the succeeding Monday will be considered a holiday. The Federal holidays per year are as follows:

HOLIDAY DAY OBSERVED

New Year’s Day First day of January Martin Luther King, Jr. Third Monday of January Birthday Presidents Day Third Monday of February Memorial Day Last Monday of May Juneteenth Sixteenth day of June Independence Day Fourth day of July Labor Day First Monday of September Columbus Day Second Monday of October Veterans Day 11th day of November Thanksgiving Day Fourth Thursday of November Christmas Day 25th day of December

(h) The Contactor shall, at its expense, arrange for communication devices to be used by parking contractor employees for internal and external calls to the facility.

(i) The Contractor shall provide options for improved verification of payment or service.

3. PERSONNEL REQUIREMENTS

3.1 It is the policy of the DOT to maintain a drug-free workplace. The Contractor shall require all employees working on this contract to submit to drug screening tests no later than sixteen (16) working hours prior to reporting for initial employment and conduct random drug testing of its employees. All Contractor employees shall provide to the DOT Office of Security a completed

Standard Form 85P, Questionnaire for Public Trust Positions, electronically as directed by the Office of Security, prior to the employee's start date. Contractor employees shall report to the DOT Office of Security to be fingerprinted. The Office of Security will review all information submitted, perform a preliminary security check, and issue a DOT badge (to be displayed at all times) to each employee after favorable evaluation of the results of the fingerprint check and a review of all information submitted. A completed background investigation and a favorable suitability determination by the Office of Security is a requirement of employment.

3.2 The Contractor shall be responsible for management of the DOT headquarters parking facility and shall provide a Project Manager (PM) and alternate PM to be located on-site at the Headquarters facility. The PM shall conduct overall management coordination and shall be the central point of contact to DOT for performance of all work under the contract. The alternate PM shall be designated to act for the PM when work is being performed during the PM's absence.

3.2.1 Parking Attendants:

The Contractor shall:

a. Provide surveillance by the parking attendants to repeated on several occasions throughout the shift.

Attendants should be trained to identify violators and cite violators as needed and have requirements for frequency of garage surveillance activities per shift.

b. Provide service for stacked/tandem parking in the Garage.

c. Provide no less than 10,000 attendant labor hours, which includes a PM, over the contract period of performance. The contractor must ensure there are enough parking attendants during peak hours as defined as weekdays from 9 a.m. to 5 p.m. The Contractor shall provide to the Contracting Officer Representative (COR) a monthly staffing schedule that shows attendant hour distribution. Peak hours may be variable based on season or garage capacity.

d. Issue warning notices when violations of garage rules occur and provide copies to Government management for follow-up.

e. The Contractor will provide reports. Such reports may include number of keys, number of keys picked up, to include patrons or permit holders or information specified by the COR, such reports shall be provided at no additional cost to DOT.

f. Issue communication to be placed on vehicles.

The Contractor shall:

a. Provide service for the following parking types in the garage:

1. Stacked Parking: Parking in drive aisle as directed by a parking attendant. The parking attendant has up to 10 min to retrieve the keys for the stacked car.

2. Tandem Parking: One space shared by two vehicles; the first vehicle to arrive shall park toward the wall. The second vehicle parks behind the first vehicle. The parking attendant has up to 10 min to retrieve the keys for the Tandem car.

b. Issues daily permits/prepaid monthly permits and provide receipt copies to Government management for follow up.

3.3 Foreign Nationals as Contractor Employees

Each employee of the Contractor shall be a citizen of the United States of America, or an alien who has been lawfully admitted for permanent residence as evidenced by Alien Registration Receipt Card Form I-151, or who presents other evidence from the "U.S. Citizenship and Immigration Services that employment will not affect his/her immigration status.

3.4 The parking attendants in the Garage must be proficient in speaking English.

3.5 The Contractor personnel shall meet the physical requirements to perform the function(s) and task(s) to which they are assigned.

3.6 All employees shall be sober, drug-free, conscientious, neat and courteous. The Contractor must at all times provide adequate staff to perform the essential duties inherent to a successful parking service operation, during the days/hours of operation specified in paragraph 2.5 above.

3.7 The Contractor's staff shall exhibit excellent personal qualities, such as a neat clean appearance; a well-spoken manner; ability to work as a member of a team; and a pleasant way with customers. Contractor issued uniforms are required to identify parking staff to DOT employees. The PM, or any employee of the Contractor, shall be replaced within ten (1O) workdays following request of the CO for operation deficiencies determined to be a result of inferior direct management or employee performance, or when DOT deems the PM or individual employee does not meet performance expectations at any time during the term of this contract. The Contractor may demonstrate to the CO actions in progress to correct the deficiency prior to employee replacement.

3.8 Contractor employees shall be accountable and responsible persons possessing a current and valid state issued driver’s license without any restrictions or violations. All parking attendants and supervisors must be able to operate a manual and/ or automatic transmission vehicle.

3.9 No later than five (5) days prior to an employee reporting for duty, as an attendant or supervisor, the Contractor will submit a resume for PM and Alternate PM for review subject to final approval by the COR.

4. GOVERNMENT FURNISHED EQUIPMENT

4.1 DOT will make available to the Contractor, certain Government Furnished Equipment (GFE) for use in performing work specified in this contract. The Contractor shall not use GFE for any other work unless prior authorization is received from the CO. DOT will also provide the Contractor certain "office-related" equipment. All equipment shall be returned to DOT in the same working order and condition, less normal wear-and-tear, as issued.

4.2 GFE includes the necessary equipment and furnishings DOT deems necessary to perform the tasks shown in this Statement of Work (SOW). DOT will maintain the GFE and will provide access to all equipment manuals for provided equipment. DOT will not provide items that are related to the performance of the stacking and tandem parking such as storage devices for keys or housing within the Garage for the parking attendants.

4.3 Any anticipated use of Government furnished telecommunications and/ or information systems and or access to Government telecommunications rooms or closets must be identified and agreed to in writing by the Government. If specific use of such equipment is not identified in this agreement it is assumed that the Contractor can perform the services provided under this agreement without use of government furnished telecommunications and information systems related equipment. Any approved use of Government furnished telecommunications and information systems and equipment (including telephones, fax machines, computers, modems, networks, Internet and other installed software) shall be used for transaction of DOT official business only. DOT telecommunications and information systems are subject to security monitoring at all times. Use of these systems constitutes consent to security monitoring.

5. INDEMNITY AND INSURANCE

5.1 The Contractor shall maintain proper insurance and ensure that its license to operate a parking management company complies with all District of Columbia, state and federal regulations.

5.2 The Contractor shall be responsible for considering and resolving claims resulting from the performance of this contract. The Contractor shall hold harmless and indemnify the Government against any and all claims and cost of any kind and nature, for any loss and/ or liability arising from damage to property and/ or personal injury to DOT employees and/ or guests based on actions of the Contractor and its employees act or omissions incident to its performance under this contract.

This indemnification includes the acts or omissions of the Contractor, any subcontractor or any employee, agent, or representative of the Contractor or subcontractor.

5.3 The Contractor assumes liability for loss of or damage to Government personnel and Government property resulting from the performance of this contract, excluding vehicle contents. The Contractor shall maintain proper liability insurance in accordance with the Federal Acquisition Regulations System (48 CFR 28.307-2(c)) and produce legal documentation of proof of insurance no later than five

(5) working days before commencement of work.

Type of Insurance Per Person Bodily Injury Property Per Accident

Comprehensive $500,000 $20,000 $200,000

General Liability $500,000 $20,000 $200,000

6. WORK CLOSURES

6. 1 When an unforeseen emergency arises resulting in closure of the DOT facility or curtailment of routine work activities occurs during Normal Working Hours and affects the Contractor's scheduled operations, DOT will make announcements of closures in the following manner: during normal duty hours, the COR will provide notification; during non-duty hours, notification will be made through local radio, television channels and online at www.OPM.gov. In the event of early dismissal due to inclement weather a minimum one (1) attendant should be available if deemed necessary by the COR for normal core hours.

http://www.opm.gov/

6.2. Hours of Operation - The Contractor's hours shall be determined by DOT requirements in accordance with sections 2.5 and 2.6 above. The Contractor shall obtain COR approval prior to initiating any variances in operating hours.

7. SECURITY

7.1 DOT will have the right to impose security restrictions on use of and access to the Garage for the Department of Transportation Headquarters facility. No parking of third-party vehicles will be allowed in the Garage (other than vehicles of DOT employees and /or DOT contractors which have been approved by DOT and/ or other applicable DOT security screening procedures).

7.2 Government rules, regulations, laws, directives, and requirements relating to law and order and security shall be applicable to all Contractor employees and/ or representatives who enter the DOT facility:

violation of such shall be grounds for removal (permanently or temporarily, as DOT determines) from the work site.

8. ACCEPTANCE AND INSPECTION

8.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

The following contract clauses pertinent to this section are hereby incorporated by reference (by Citation, Number, Title, and Date) in accordance with the clause at FAR 52.252-2 “CLAUSES INCORPORATED BY REFERENCE” with the same force and effect as if they were given in full text. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. See https://www.acquisition.gov/ for electronic access to the full text of a FAR clause.

FEDERAL ACQUISITION REGULATION (FAR) (48 CFR CHAPTER 1)

NUMBER TITLE DATE

52.246-4 INSPECTION OF SERVICES – FIXED PRICE AUG 1996

Inspection and Acceptance shall be subject to the above FAR clauses.

Inspection and acceptance of the services (i.e., On-Site and Off-Site) called for hereunder shall be performed by the CO, COR, or a Designated Representative.

8.2 DOT shall monitor the Garage on a daily basis. There will be random routine inspections to ensure that all aspects of the SOW are being met and to ensure the Garage is in compliance with codes and regulations.

9. PLACE AND PERIOD OF PERFORMANCE

9.1 PLACE OF PERFORMANCE

Work will be performed at DOT headquarters facility located at 1200 New Jersey Ave, SE, Washington, DC, 20590.

https://www.acquisition.gov/

9.2 PERIOD OF PERFORMANCE

The Period of Performance for the resultant contract shall include one (1) base period and four (4) one (1) year option periods. Option(s) shall be exercised at the Government’s discretion and as authorized by FAR Subpart

17.2. Each of the four option terms will only be granted upon a favorable review of the Contractor’s performance and validation of continued need and available budget.

The table below details the performance period:

Period Date Base Period To be inserted at time of award Option Period 1 To be inserted at time of award Option Period 2 To be inserted at time of award Option Period 3 To be inserted at time of award Option Period 4 To be inserted at time of award

10. CONRACT ADMINISTRATION

10.1 CONTRACTING OFFICER (CO)

The Contracting Officer is the only individual who can legally commit or obligate the Government for the expenditure of public funds. Only the Contracting Officer has authority to: (1) increase or decrease the award amount; (2) direct or negotiate any changes; (3) modify or extend the period of performance; (4) change the schedule of completion; (5) authorize payment under this PO; and (6) otherwise modify any terms or conditions of this Order.

The following individual (s) will be the Government's points of contact during the performance of this contract:

Contracting Officer Robin D. Gates Robin.Gates@dot.gov 202-366-xxxx

Contact Specialist Abdul Qader Latifi Abdul.Latifi.ctr@dot.gov 202-366-xxxx

10.2 CONTRACTING OFFICER REPRESENTATIVE (COR)

1252.242-73 CONTRACTING OFFICER’S REPRESENTATIVE (OCT 1994)

(a) The Contracting Officer may designate Government personnel to act as the Contracting Officer's Representative (COR) to perform functions under the contract such as review and/or inspection and acceptance of supplies, services, including construction, and other functions of a technical nature. The Contracting Officer will provide a written notice of such designation to the Contractor within five working days after contract award or for construction, not less than five working days prior to giving the contractor the notice to proceed. The designation letter will set forth the authorities and limitations of the COR under the contract.

(b) The Contracting Officer cannot authorize the COR or any other representative to sign documents (i.e., contracts, contract modifications, etc.) that require the signature of the Contracting Officer.

mailto:Robin.Gates@dot.gov mailto:Abdul.Latifi.ctr@dot.gov

The COR is not authorized to change the scope of work or specifications as stated in this Contract, to make any commitments or otherwise obligate the Government, or to authorize any changes which affect the Contract price, task schedule, period of performance or other terms or conditions.

The Contracting Officer Representative during the performance of this contract is:

Name: Craig Rieben Department of Transportation 1200 New Jersey Ave, SE Washington, DC 20590 Email: Craig.Rieben@dot.gov Phone: 202-366-xxxx

The COR has the responsibility to inspect all deliverables and services and authorization to certify (but not to reject or deny) invoices for payment. The authority to reject an invoice or assess deductions on an invoice is expressly reserved for the Contracting Officer. The Contracting Officer is the only individual who can legally commit or obligate the Government for the expenditure of public funds. The technical administration of this contract shall not be construed to authorize the revision of the terms and conditions of this contract. Any such revision shall be authorized in writing by the Contracting Officer.

10.3 TECHNICAL INSTRUCTIONS

The performance of all contract work is subject to the technical instructions given by the DOT Contracting Officer Technical Representative. These instructions will consist of available assumptions, general guidance, supplemental details affecting projects, coordination issues/requirements, and liaison matters involving DOT’s agencies.

Cooperation with the DOT personnel are of paramount importance in performing Task Order work.

10.4 TECHNICAL DIRECTION

The COR is not authorized to make any commitments or changes which constitute work not within the general scope of the resultant contract, or change the expressed terms and conditions incorporated into the contract, or which constitute a basis for increase in the contract amount or extension of the contract performance period. The COR may provide technical direction on contract performance. As used. herein technical direction is direction to the Contractor, which confirms the results of meetings, fills in details, requires pursuit of certain lines of inquiry, or otherwise serves to accomplish the contract SOW.

Technical direction shall be issued in writing by the COR or confirmed by him/her in writing within five (5) calendar days after verbal issuance.

The Contractor shall express its concurrence that any such technical direction is entirely within the scope of this contract and consistent with this provision by endorsing the written direction of the work so directed.

If the Contractor should, during the course of the contract, interpret any advice or comments from the Contracting Officer's Representative as constituting additions or revisions to the scope of the resultant contract, he/ she shall immediately notify the Contracting Officer so as to obtain official confirmation and refrain from performing any work from such advice or comments until confirmed by the Contracting Officer.

Assure that the Contractor performs the technical requirements of the contract in accordance with the contract terms, conditions, and specifications. Perform or cause to be performed, inspections necessary in connection with a) above and require the Contractor to correct all deficiencies; perform acceptance for the Government.

Maintain all liaison and direct communications with the Contractor's task order manager. Written communications with the Contractor and documents shall be signed as Contracting Officer's Representative with a copy furnished to the Contracting Officer.

mailto:Craig.Rieben@dot.gov

Issue written interpretations of technical requirements of Government drawings, designs, and specifications.

Monitor the Contractor's production or performance progress and notify the Contractor in writing of deficiencies observed during surveillance, and direct appropriate action for corrections. Record and report to the Contracting Officer incidents of faulty or nonconforming work, delays or problems.

Obtain necessary security clearance and appropriate identification if access to Government facilities is required. If required, ensure that Government furnished property is available when required.

10.5 UNAUTHORIZED COMMITMENT

The Government program manager or any other client representative is not authorized to change any of the terms and conditions of the resultant task order. Changes, if any, shall be made by the Contracting Officer only.

10.6 CONTRACTOR POINT OF CONTACT

The following individual authorized to communicate with the Government on behalf of the Contractor company:

Name:

Title:

Number:

email address

The contractor's representative shall be responsible for all contract administration issues and shall act as the central point of contact with the Government for all such issues. The representative shall have full authority to act for the contractor in all contractual matters. The representative shall be able to fluently read, write, and speak the English language.

11. 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 to OST electronically via the Delphi eInvoicing web-portal which is accessed via https://einvoice.esc.gov, and is authenticated via www.login.gov. All persons accessing the Delphi eInvoicing web-portal will be required to have their own unique user Delphi eInvoicing ID and be credentialed through login.gov. See www.login.gov for instructions.

mailto:Bill@workingknowledge-csp.com

(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/.

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

The OST POC is:

Omarr Lee Omarr.Lee@dot.gov

(202) 366-0475

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

1. https://einvoice.esc.gov/

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

OST vendors shall submit invoices to OST electronically via the Delphi eInvoicing web-portal. To initiate this process, you are requested to provide OST with information (company name, contract/task order number/purchase order (PO) number, and up to two Point of Contact (POC) full names and their email addresses) as shown on the table below.

mailto:Omarr.Lee@dot.gov

Company Name

Contract #/ Task Order

Primary

POC

First

Name

Primary POC Last

Name

Primary

POC

email

Secondary POC First

Name

Secondary POC Last

Name Secondary POC email

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

The Vendor shall contact their COR 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 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:

MMAC

OST/AMZ-160

6500 MacArthur Blvd.

Oklahoma City, OK 73169 Attention: (Accounting Technician) and (Contract Specialist)

Express Delivery Point of Contact: Lead Account Technician, 405-954-8252

All invoices, regardless of submission method, must identify the COR as the primary invoicing point of contact mailto:Omarr.Lee@dot.gov

Authorization of invoice payments shall be made after approval of ROI by COR or designated DOCR official.

All invoices must contain the correct contract number and correct extended modification number, if any (a modification number is an extended number added to the contract number when a contract has been amended).

Prepare an individual invoice for each EEO complaint investigated. If an investigation complaint has been consolidated, include all information on one invoice.

Partial Payment: If an EEO complaint assigned for an investigation is terminated through no fault of the Contractor, payment for the investigation will be a prorated amount equal to the percentage of work completed by the Contractor.

A percentage payment guideline has been established to determine the amount of payment due for work completed by the Contractor. The Contractor may bill the agency up to these percentages for work conducted up to the various stages of the investigation. Please note that these are "Not to Exceed (NTE)" amounts and require specific justification for any amount billed. If the EEO complaint is withdrawn or settled by the complainant prior to the completion of the investigation by the Contractor, payment for the investigation will be prorated based on the "Partial Payment Guidelines" specified below.

12. CONTRACT CLAUSES

12.1 FAR 2.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

The contract incorporates the following clauses (as indicated by an “X”) by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make the full text available. Also, the full text of a clause may be accessed electronically at this/these address (es): www.acquisition.gov/far.

Applicable

“X” FAR Clause

Number FAR Clause Title

(Thru FAC 2023-02) X 52.202-1 Definitions (JUN 2020)

X 52.203-3 Gratuites (APR 1984) X 52.203-5 Covenant Against Contingent Fees (MAY 2014)

X 52.203-6 Restrictions on Subcontractor Sales to the Government (JUN 2020)

X 52.203-7 Anti-Kickback Procedures (JUN 2020)

X 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity (MAY 2014)

X 52.203-12 Limitation on Payments to Influence Certain Federal Transactions (JUN 2020)

X 52.203-13 Contractor Code of Business Ethics and Conduct (NOV 2021)

X 52.203-14 Display of Hotline Posters (NOV 2021)

X 52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights (JUN 2023)

X 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (MAY 2011)

X 52.204-9 Personal Identity Verification of Contractor Personnel (JAN 2011)

X 52.204-13 System for Award Management Maintenance (OCT 2018) http://www.acquisition.gov/far

FAR Clause Number

FAR Clause Title (Thru FAC 2023-02)

X 52.204-19 Incorporation by Reference of Representations and Certifications (DEC 2014)

X 52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (DEC 2023)

X 52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (NOV 2021)

X 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters

(OCT 2018)

X 52.212-4 Contract Terms and Conditions-Commercial Items (NOV 2023)

X 52.215-2 Audit and Records—Negotiation (JUN 2020)

X 52.215-8 Order of Precedence – Uniform Contract Format (OCT 1997)

X 52.215-19 Notification of Ownership Changes (OCT 1997)

X 52.215-23 Limitations on Pass through charges (JUN 2020) X 52.219-8 Utilization of Small Business Concerns (FEB 2024) X 52.222-2 Payment for Overtime Premiums (JUL 1990) X 52.222-3 Convict Labor (JUN 2003)

X 52.222-21 Prohibition of Segregated Facilities (APR 2015)

X 52.222-26 Equal Opportunity (SEP 2016)

X 52.222-40 Notification of Employee Rights Under the National Labor Relations Act

(DEC 2010)

X 52.222-41 Service Contract Labor Standards (AUG 2018)

X 52.222-50 Combating Trafficking in Persons (NOV 2021)

X 52.222-54 Employment Eligibility Verification (MAY 2022) X 52.223-6 Drug-Free Workplace (MAY 2001)

X 52.223-13 Patent Rights-Ownership by the Government (JUN 2014)

X 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020)

X 52.225-13 Restrictions on Certain Foreign Purchases (FEB 2021)

X 52.232-7 Payments Under Time-and-Materials and Labor-Hour Contracts (NOV 2021)

X 52.232-9 Limitation on Withholding Payments (APR 1984) X 52.232-17 Interest (MAY 2014) X 52.232-18 Limitations of Funds (APR 1984) X 52.232-23 Assignment of Claims (MAY 2014) X 52.232-25 Prompt Payment (JAN 2017)

X 52.232-33 Payment by Electronic Funds Transfer - System for Award Management (OCT 2018)

X 52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013)

X 52.232-40 Providing Accelerated Payments to Small Business (MAR 2023)

FAR Clause Number

FAR Clause Title (Thru FAC 2023-02)

X 52.233-1 Disputes (May 2014) X Alternate I (DEC 1991)

X 52.233-3 Protest After Award (AUG 1996) X Alternate I (JUN 1985)

X 52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004) X 52.237-3 Continuity of Services (JAN 1991) X 52.242-3 Penalties for Unallowable Costs (DEC 2022) X 52.243-1 Changes- Fixed Price (AUG 1987) X 52.246-23 Limitation of Liability (FEB 1997)

X 52.249-4 Termination for Convenience of the Government (Services) (Short Form)

(APR 1984)

X 52.249-8 Default (Fixed-Price Supply and Service) (Apr 1984)

Please note: All Offerors and prospective contractors must be registered in the System for Award Management (SAM) with their Online Representations and Certifications Applications (ORCA) at https://www.sam.gov/ or must provide a completed copy of 52.212-3 with their quotation.

12.2 FEDERAL ACQUISITION REGULATION (FAR) CLAUSES PROVIDED IN

FULL TEXT

This Contract incorporate the following Federal Acquisition Regulation Clauses provided in full text:

12.2.1 FAR 52.204-1 APPROVAL OF CONTRACT (DEC 1989)

This contract is subject to the written approval of the Contracting Officer, OST Office of Acquisition Services and shall not be binding until so approved.

(End of clause)

12.2.2 FAR 52.204-24 REPRESENTATION REGARDING CERTAIN

TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR

EQUIPMENT.

REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR

EQUIPMENT (NOV 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Products or Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision—

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) ( https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".

(d) Representation. The Offeror represents that—

(1) It □ will, □ will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that—

It □ does, □ does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures. (1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

[End of Clause]

12.2.3 FAR 52.204-25 PROHIBITION ON CONTRACTING FOR…