RFP-ABA-24-0004.pdf

12/05/2023

SUBJECT: The United States Access Board (USAB) Firm-Fixed-Price Purchase Order for Transportation Services Los Angeles, CA

Dear Offeror, The Bureau of the Fiscal Service, on behalf of the United States Access Board (USAB) is seeking establishment of a Firm-Fixed-Price (FFP) Purchase Order for Transportation Services in Los Angeles, California as described in the following solicitation Request for Proposal (RFP): RFP-ABA-24-0004, the Performance Work Statement (PWS), and the Attachment A – Pricing Sheet.

The Government anticipates awarding a Firm-Fixed-Price (FFP) Purchase Order. The FFP Purchase Order will have an anticipated period of performance of from date of award through 04/18/2024. See the attached Performance Work Statement, Quote instructions, and Evaluation for further details. Pricing shall be submitted in accordance with the Attachment A – Pricing Sheet.

In addition to pricing, all information required in the clause package, including any instructions to vendors must be completed and included with your proposal. Proposals that are determined to be technically unacceptable will be eliminated from consideration.

This is a 100% small business set-aside requirement utilizing NAICS code 485991 Special Needs Transportation.

INSTRUCTIONS TO OFFERORS

Interested offeror shall email questions to purchasing@fiscal.treasury.gov with the subject line “Questions for RFP-ABA-24-0004, Attn: JY/BS” due no later than 10:00 AM EST on Friday 12/08/2023. We cannot assure an answer to questions submitted after this deadline. Any question and/or comments received are not considered proprietary and will not be protected by the Government.

Proposals are due no later than 10:00 AM EST Wednesday 12/13/2023, and must follow these instructions:

Use Microsoft Office compatible files or Adobe PDF. Other file extensions will not be accepted.

In addition to the proposals for all requirements, all information required in the clause package, including any instructions to vendors, must be completed, and included with your proposals.

Completion of Attachment A Pricing Worksheet is required for all proposals submissions.

Email your complete proposals to purchasing@fiscal.treasury.gov, with the subject line

“Proposals for RFP-ABA-24-0004, Attn: JY/BS.”

Only complete proposals submitted to the e-mail address above, by the established due date, will be considered. Any proposals submitted after the established closing date and time will not be guaranteed for consideration.

Sincerely, Braden K. Sanner, Contracting Officer

Braden K. Sanner Digitally signed by Braden K.

Sanner Date: 2023.12.05 14:24:46 -05'00'

RFP-ABA-24-0004

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 address: https://www.acquisition.gov/far

52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter1) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the clause.

(b) The use in this solicitation or contract of any _____ [insert regulation name] (48 CFR _____) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

52.212-4 CONTRACT TERMS AND CONDITIONS -- COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2023)

1052.201-70 CONTRACTING OFFICER’S REPRESENTATIVE (COR) APPOINTMENT AND

AUTHORITY (APR 2015)

(a) The COR(s) are named on the award form. Should a change to the COR(s) be necessary in the future, they will be named on the modification SF-30.

(b) Performance of work under this contract is subject to the technical direction of the COR identified above, or a representative designated in writing. The term “technical direction” includes, without limitation, direction to the contractor that directs or redirects the labor effort, shifts the work between work areas or locations, and/or fills in details and otherwise serves to ensure that tasks outlined in the work statement are accomplished satisfactorily.

(c) Technical direction must be within the scope of the contract specification(s)/work statement. The COR does not have authority to issue technical direction that:

(1) Constitutes a change of assignment or additional work outside the contract specification(s)/work statement;

(2) Constitutes a change as defined in the clause entitled “Changes”;

(3) In any manner causes an increase or decrease in the contract price, or the time required for contract performance;

(4) Changes any of the terms, conditions, or specification(s)/work statement of the contract;

(5) Interferes with the contractor's right to perform under the terms and conditions of the contract; or

(6) Directs, supervises or otherwise controls the actions of the contractor's employees.

(d) Technical direction may be oral or in writing. The COR must confirm oral direction in writing within five workdays, with a copy to the Contracting Officer.

(e) The Contractor shall proceed promptly with performance resulting from the technical direction issued by the COR. If, in the opinion of the contractor, any direction of the COR or the designated representative falls within the limitations of (c) above, the contractor shall immediately notify the Contracting Officer no later than the beginning of the next Government workday.

(f) Failure of the Contractor and the Contracting Officer to agree that technical direction is within the scope of the contract shall be subject to the terms of the clause entitled “Disputes.”

1052.210-70 CONTRACTOR PUBLICITY (APR 2015)

The Contractor, or any entity or representative acting on behalf of the Contractor, shall not refer to the supplies or services furnished pursuant to the provisions of this contract in any news release or commercial advertising, or in connection with any news release or commercial advertising, without first obtaining explicit written consent to do so from the Contracting Officer. Should any reference to such supplies or services appear in any news release or commercial advertising issued by or on behalf of the Contractor without the required consent, the Government shall consider institution of all remedies available under applicable law, including 31 U.S.C. 333, and this contract. Further, any violation of this clause may be considered during the evaluation of past performance.

1052.228-70 INSURANCE (APR 2015)

In accordance with FAR clause 52.228-5, entitled “Insurance—Work on a Government Installation” [or FAR clause 52.228-7 entitled, “Insurance—Liability to Third Persons”], insurance of the following kinds and minimum amounts shall be provided and maintained during the period of performance of this contract:

(a) Worker's compensation and employer's liability. The Contractor shall, as a minimum, meet the requirements specified at FAR 28.307-2(a).

(b) General liability. The Contractor shall, at a minimum, meet the requirements specified at FAR 28.307-2(b).

(c) Automobile liability. The Contractor shall, at a minimum, meet the requirements specified at FAR 28.307-2(c).

52.232-18 AVAILABILITY OF FUNDS (APR 1984)

LAPSE FUNDING

In the event of a lapse funding resulting in a government shutdown, the status of Fiscal Year funding and any necessary action required of the Contractor will be made available at the following website:

https://www.fiscal.treasury.gov/doing-business-with-fiscal-service/. It is the Contractor's responsibility to monitor this website for information regarding Fiscal Year funding.

1052.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS. (April 2018)

(DEVIATION 00002)

(a) Definition. As used in this clause-

"Commercial supplier agreements" means terms and conditions customarily offered to the public by vendors of supplies or services that meet the definition of commercial item set forth in FAR 2.101 and intended to create a binding legal obligation on the end user. Commercial supplier agreements (CSA) are particularly common in information technology acquisitions, including acquisitions of commercial computer software and commercial technical data, but they may apply to any supply or service. The term applies-

(1) Regardless of the format or style of the document. For example, a CSA may be styled as standard terms of sale or lease, Terms of Service (TOS), End User License Agreement (EULA), or another similar legal instrument or agreement, and may be presented as part of an offer or quotation responding to a solicitation.

(2) Regardless of the media or delivery mechanism used. For example, a CSA may be presented as one or more paper documents or may appear on a computer or other electronic device screen during a purchase, software installation, other product delivery, registration for a service, or another transaction.

(b) Except as stated in paragraph (c) of this clause, when any supply or service acquired under this contract is subject to any CSA, that includes any language, provision, or clause requiring the Government to pay any future fees, penalties, interest, legal costs or to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(1) Any such language, provision, or clause is unenforceable against the Government.

(2) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the CSA. If the CSA is invoked through an "I agree" click box or other comparable mechanism (e.g., "click-wrap" or "browse-wrap" agreements), execution does not bind the Government or any Government authorized end user to such clause.

(3) Any such language, provision, or clause is deemed to be stricken from the CSA.

(c) Paragraph (b) of this clause does not apply to indemnification or any other payment by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

1052.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (APR 2015)

(a) Definitions. As used in this clause—

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

(b) Except as provided in paragraph (c) of this clause, the Contractor shall submit payment requests electronically using the Invoice Processing Platform (IPP). Information regarding IPP, including IPP Customer Support is available at www.ipp.gov or any successor site.

(c) The Contractor may submit payment requests using other than IPP only when the Contracting Officer authorizes alternate procedures in writing in accordance with Treasury procedures.

(d) If alternate payment procedures are authorized, the Contractor shall include a copy of the Contracting Officer’s written authorization with each payment request.

PAYMENT AND INVOICE QUESTIONS (IPP)

For payment and invoice questions, go to https://arc.fiscal.treasury.gov/vendors-and-contractors/ or contact Accounts Payable at (304) 480-8000 option 7 or via email at AccountsPayable@fiscal.treasury.gov.

OVERPAYMENTS

In accordance with 52.212-4 section (i) 5 Overpayments: Accounts Receivable Conversion of Check Payments to electronic funds transfer (EFT): If the Contractor sends the Government a check to remedy duplicate contract financing or an overpayment by the government, it will be converted into an EFT. This means the Government will copy the check and use the account information on it to electronically debit the Contractor's account for the amount of the check. The debit from the Contractor's account will usually occur within 24 hours and will be shown on the regular account statement.

The Contractor will not receive the original check back. The Government shall destroy the Contractor's original check, but will keep a copy of it. If the EFT cannot be processed for technical reasons, the Contractor authorizes the Government to process the copy in place of the original check.

MARKING OF SHIPMENTS AND INVOICES

The Contractor shall ensure the contract number is clearly visible on all shipping/service documents, containers, and invoices.

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS -- COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV

2023)

(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 products and commercial services:

(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 (NOV 2021) (Section 1634 of Pub. L. 115–91)

(3) 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

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

(5) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801).

(6) 52.233-3 Protest After Award (AUG 1996) ( 31 U.S.C. 3553).

(7) 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 products and commercial services:

(1) 52.203-6 Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021) ( 41 U.S.C. 4704 and 10 U.S.C. 4655).

(2) 52.203-13 Contractor Code of Business Ethics and Conduct (NOV 2021) ( 41 U.S.C. 3509)).

(3)

(4)

52.203-15

52.203-17

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.)

52.203-17, Contractor Employee Whistleblower Rights (NOV 2023) (41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community--see FAR 3.900(a).

(5) 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).

(6) [Reserved]

(7) 52.204-14 Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111-

117, section 743 of Div. C).

(8) 52.204-15 Service Contract Reporting Requirements for Indefinite-Delivery

Contracts (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).

(9) 52.204-27 Prohibition on a ByteDance Covered Application (JUN 2023)

(Section 102 of Division R of Pub. L. 117-328).

(10) 52.209-6 Protecting the Government’s Interest When Subcontracting with

Contractors Debarred, Suspended, or Proposed for Debarment. (Nov 2021) ( 31 U.S.C. 6101 note).

(11) 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) ( 41 U.S.C. 2313).

(12) [Reserved]

(13) 52.219-3 Notice of HUBZone Set-Aside or Sole-Source Award (OCT

2022) ( 15 U.S.C. 657a).

(14) 52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business

Concerns (OCT 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) ( 15 U.S.C. 657a)

(15) [Reserved] (16)(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.

(17)(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.

(18) 52.219-8 Utilization of Small Business Concerns (SEP

2023) ( 15 U.S.C. 637(d)(2) and (3)).

(19)(i) 52.219-9 Small Business Subcontracting Plan (SEP 2023)

( 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 (SEP 2023) of 52.219-9.

(20)(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.

(21) 52.219-14 Limitations on Subcontracting (OCT 2022) ( 15 U.S.C. 637s).

(22) 52.219-16 Liquidated Damages—Subcontracting Plan (SEP

2021) ( 15 U.S.C. 637(d)(4)(F)(i)).

(23) 52.219-27 Notice of Service-Disabled Veteran-Owned Small Business Set- Aside (OCT 2022) ( 15 U.S.C. 657f).

(24)(i) 52.219-28 Post Award Small Business Program Rerepresentation (SEP 2023) ( 15 U.S.C. 632(a)(2)).

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

(25) 52.219-29 Notice of Set-Aside for, or Sole-Source Award to, Economically

Disadvantaged Women-Owned Small Business Concerns (OCT 2022) ( 15 U.S.C. 637(m)).

(26) 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 (OCT 2022) ( 15 U.S.C. 637(m)).

(27) 52.219-32 Orders Issued Directly Under Small Business Reserves (MAR 2020) ( 15 U.S.C. 644(r)).

(28) 52.219-33 Nonmanufacturer Rule (SEP 2021) ( 15U.S.C. 637(a)(17)).

(29) 52.222-3 Convict Labor (June 2003) (E.O. 11755).

(30) 52.222-19 Child Labor—Cooperation with Authorities and Remedies (DEC

2022) (E.O. 13126).

(31) 52.222-21 Prohibition of Segregated Facilities (Apr 2015).

(32)(i) 52.222-26 Equal Opportunity (Sept 2016) (E.O. 11246).

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

(33)(i) 52.222-35 Equal Opportunity for Veterans (JUN 2020) ( 38 U.S.C. 4212).

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

(34)(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.

(35) 52.222-37 Employment Reports on Veterans (JUN 2020) ( 38 U.S.C. 4212).

(36) 52.222-40 Notification of Employee Rights Under the National Labor Relations

Act (DEC 2010) (E.O. 13496).

(37)(i) 52.222-50 Combating Trafficking in Persons (NOV

2021) ( 22 U.S.C. chapter 78 and E.O. 13627).

(ii) Alternate I (MAR 2015) of 52.222-50 ( 22 U.S.C. chapter 78 and E.O. 13627).

(38) 52.222-54 Employment Eligibility Verification (MAY 2022) (Executive Order

12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

(39)(i) 52.223-9 Estimate of Percentage of Recovered Material Content for EPA– Designated Items (May 2008) ( 42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

(ii) Alternate I Alternate I (MAY 2008) of 52.223-9 ( 42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

(40) 52.223-11 Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

(41) 52.223-12 Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).

(42)(i) 52.223-13 Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).

(ii) Alternate I (OCT 2015) of 52.223-13.

(43)(i) 52.223-14 Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s

13423 and 13514).

(ii) Alternate I (Jun2014) of 52.223-14.

(44) 52.223-15 Energy Efficiency in Energy-

Consuming Products (MAY 2020) ( 42 U.S.C. 8259b).

(45)(i) 52.223-16 Acquisition of EPEAT®-Registered Personal

Computer Products (OCT 2015) (E.O.s 13423 and 13514).

(ii) Alternate I (JUN 2014) of 52.223-16.

(46) 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While

Driving (JUN 2020) (E.O. 13513).

(47) 52.223-20 Aerosols (JUN 2016) (E.O. 13693).

(48) 52.223-21 Foams (Jun2016) (E.O. 13693).

(49)(i) 52.224-3 Privacy Training (JAN 2017) (5 U.S.C. 552 a).

(ii) Alternate I (JAN 2017) of 52.224-3.

(50)(i) 52.225-1 Buy American-Supplies (OCT 2022) ( 41 U.S.C. chapter 83).

(ii) Alternate I (OCT 2022) of 52.225-1.

(51)(i) 52.225-3 Buy American—Free Trade Agreements—Israeli Trade Act (DEC

2022) (19 U.S.C. 3301, 19 U.S.C. 2112, 19 U.S.C. 3805, 19 U.S.C.

4001, 19 U.S.C. chapter 29 (sections 4501-4732), Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110- 138, 112-41, 112-42, and 112-43.

(ii) Alternate I [Reserved[

(iii) Alternate II (DEC 2022) of 52.225-3.

(iv) Alternate III (JAN 2021) of 52.225-3.

(v) Alternate IV (Oct 2022) of 52.225-3.

(52) 52.225-5 Trade Agreements (DEC 2022) (19 U.S.C. 2501, et seq., 19 U.S.C.

3301 note).

(53) 52.225-13 Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

(54) 52.225-26 Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

(55) 52.226-4 Notice of Disaster or Emergency Area Set-Aside (Nov 2007) ( 42 U.S.C. 5150).

(56) 52.226-5 Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) ( 42 U.S.C. 5150).

(57) 52.229-12 Tax on Certain Foreign Procurements (FEB 2021).

(58) 52.232-29 Terms for Financing of Purchases of Commercial

Products and Commercial Services (NOV 2021) ( 41 U.S.C. 4505, 10 U.S.C. 3805).

(59) 52.232-30 Installment Payments for Commercial Products and Commercial Services (Nov 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

(60) 52.232-33 Payment by Electronic Funds Transfer-System for Award Management (OCT2018) ( 31 U.S.C. 3332).

(61) 52.232-34 Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) ( 31 U.S.C. 3332).

(62) 52.232-36 Payment by Third Party (May 2014) (31 U.S.C. 3332).

(63) 52.239-1 Privacy or Security Safeguards (AUG 1996) ( 5 U.S.C. 552a).

(64) 52.242-5 Payments to Small Business Subcontractors (JAN

2017) ( 15 U.S.C. 637(d)(13)).

(65)(i) 52.247-64 Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV

2021) ( 46 U.S.C. 55305 and 10 U.S.C. 2631).

(ii) Alternate I (APR 2003) of 52.247-64.

(iii) Alternate II (NOV 2021) of 52.247-64.

(c)The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, 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 products and commercial services:

(1) 52.222-41 Service Contract Labor Standards (AUG 2018) ( 41 U.S.C. chapter67).

(2) 52.222-42 Statement of Equivalent Rates for Federal

Hires (MAY 2014) ( 29 U.S.C. 206 and 41 U.S.C. chapter 67).

(3) 52.222-43 Fair Labor Standards Act and Service Contract Labor Standards-Price

Adjustment (Multiple Year and Option Contracts) (AUG 2018) ( 29 U.S.C. 206 and 41 U.S.C. chapter 67).

(4) 52.222-44 Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) ( 29U.S.C.206 and 41 U.S.C. chapter 67).

(5) 52.222-51 E Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) ( 41 U.S.C. chapter 67).

(6) 52.222-53 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services- Requirements (MAY 2014) ( 41 U.S.C. chapter 67).

(7) 52.222-55 Minimum Wages for Contractor Workers Under Executive Order

14026 (JAN 2022).

(8) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O.

13706).

(9) 52.226-6 Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) ( 42 U.S.C. 179).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1), in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) ( 41 U.S.C. 3509).

(ii) 52.203-17 Contractor Employee Whistleblower Rights (NOV 2023) (41 U.S.C. 4712)

(iii) 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)).

(iv) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L. 115-91).

(v) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(vi) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328).

(vii) 52.219-8, Utilization of Small Business Concerns (Sept 2023) ( 15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219- 8 in lower tier subcontracts that offer subcontracting opportunities.

(viii) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

(ix) 52.222-26, Equal Opportunity (SEP 2015) (E.O.11246).

(x) 52.222-35, Equal Opportunity for Veterans (JUN 2020) ( 38 U.S.C. 4212).

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

(xii) 52.222-37, Employment Reports on Veterans (JUN 2020) ( 38 U.S.C. 4212).

(xiii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC

2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xiv) 52.222-41, Service Contract Labor Standards (AUG 2018) ( 41 U.S.C. chapter 67).

(xv) (A) 52.222-50, Combating Trafficking in Persons (NOV 2021) ( 22 U.S.C. chapter 78 and E.O

13627).

(B) Alternate I (MAR 2015) of 52.222-50 ( 22 U.S.C. chapter 78 and E.O. 13627).

(xvi) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) ( 41 U.S.C. chapter 67).

(xvii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (MAY 2014) ( 41 U.S.C. chapter 67).

(xviii) 52.222-54, Employment Eligibility Verification (MAY 2022) (E.O. 12989).

(xix) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022).

(xx) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).

(xxi) (A) 52.224-3, Privacy Training (Jan 2017) ( 5 U.S.C. 552a).

(B) Alternate I (JAN 2017) of 52.224-3.

(xxii) 52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT

2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

(xxiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) ( 42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxiv) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232-40

(xxv) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) ( 46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.

CONTRACT DOCUMENTS

U.S Access Board Transportation Services for Los Angeles Board Meeting

Performance Work Statement

SECTION 1: Background The U.S Access Board is an independent Federal agency dedicated to accessibility for people with disabilities.

Created in 1973 to ensure access to federally funded facilities, the U.S Access Board (USAB) enforces accessibility standards that cover federally funded facilities through the Architectural Barriers Act Compliance and Enforcement Program. The USAB develops and maintains accessible design criteria for the built environment, transit vehicles, telecommunications equipment, and for electronic and information technology. It also provides technical assistance and training regarding these specific requirements and on general accessible design.

The USAB is governed by twenty-five members: twelve are representatives from Federal departments and the other thirteen are members of the public appointed by the President, a majority of whom must have a disability. Approximately 30 civil servants work at the USAB. The USAB staff travels to cities within the United States to understand the state of accessibility and to promote accessibility throughout all segments of society.

SECTION 2: Purpose The purpose of this requirement is to obtain a vendor to provide accessible transportation for board members and USAB staff for board meetings.

SECTION 3: Scope USAB requires a transportation contractor with its own fleet of accessible vehicles to provide 8 wheelchair accessible seats, and 27 standard seats for each board meeting as specified in section 4. Board meetings are held for 3 days and for 10-12 hours per day. The clearance limitation is 12 feet in height.

2024 Board Meetings:

April 16, 17, and 18, 2024, with optional transportation on April 15th – Los Angeles, CA *Subject to change

SECTION 4: Tasks/Outcomes

The Contractor shall provide and operate transportation services for board meeting transport purposes to and from the USAB designated locations. Vehicle requirements shall be dictated by usage and need.

Transportation trips vary in occurrence and length of time. Transportation is requested and/or scheduled as outlined in the following sections.

The Contractor shall provide all transportation services as specified in the paragraphs below unless road conditions become hazardous due to inclement weather. In these instances, the Contracting Officer’s Representative will notify the Contractor, but the Office of Personnel and Management will have the final determination on weather and/or road conditions.

The vehicle passenger cabin, of all Contractor furnished vehicles, shall be clean of dirt, free from torn upholstery or floor coverings, damaged or broken seats, protruding sharp edges, and vermin or insects.

Cleanliness standards will be maintained and adhered to in accordance with industry guidelines for this type of service.

Contractor drivers may not at any time during transportation services listen to music, make personal calls, read books or newspapers, send, or receive text messages, or any other activity that may distract them from driving or disrupt the transportation schedule. During operation of vehicle. Hands free devices must be used.

4.1 The contractor shall perform the following tasks:

1. Operate its own wheelchair accessible vehicles with mobility aid accessibility consistent with 49 CFR §38.23 (including lift/ramp and securement devices), except that they must have spaces and securement devices for at least two individuals using wheelchairs or scooters, as well as accommodate additional passengers in standard seating.

2. Provide the name and cell phone contact information of each driver to the Contracting Officer Representative (COR) 3 weeks prior to the first day of services under this contract. Provide the name and cell phone contact information of any substitute driver to the COR as soon as the decision is made to substitute a driver.

3. Three weeks prior to first day of service under this contract, provide photographic proof of each accessible minibus that will be used to fulfill this contract showing ADA compliant wheelchair spaces, lift/ramps, interior shots of adjacent seating and flip-up arm rests.

4. Three weeks prior to the first day of service under this contract, provide written confirmation that each driver assigned to this contract, and any potential substitute driver, has demonstrated successful regular operation of the wheelchair lift or ramp and emergency manual lift operation in case of mechanical or power failure.

5. One day prior to the first day of service under this contract, test the lift/ramp of each accessible vehicle assigned to this contract and provide written confirmation to the COR that the lift/ramp of each vehicle is operational.

6. No later than one day prior to the first day of service under this contract, ensure that all wheelchair tie-down spaces are clear of extraneous objects and roll-in ready. This includes securing or removing any removable seating needed to ensure clearance for all tie-down spaces.

7. Ensure that drivers follow the seating order: 1. Individuals who transfer(s) from their mobility devices to a standard seat; 2. Individuals who will remain in their scooter/larger power wheelchair(s); 3.

Individuals who will remain in their manual/ or smaller power wheelchair(s).

8. Ensure that drivers always act in a professional manner.

9. Ensure timely transport of passengers, including individuals with disabilities, to and from scheduled appointments at designated sites within the Los Angeles metropolitan area utilizing contractor-provided vehicles between the hours of 7:30 AM – 9PM in accordance with the schedule provided by

USAB.

10. Assist passengers in and out of vehicles to ensure safety of passengers and care of vehicle.

11. Safely and properly secure passengers using wheelchairs or other Personal Mobility Device(s) (PMD). For passengers who transfer, secure their wheelchairs or PMDs.

12. Obtains schedules from USAB schedulers/COR ahead of time

13. Maintain a log that captures the number of passengers assisted to each destination and provide that information to the COR.

14. Ensure that all buses arrive 45 minutes prior to the scheduled departure time and that driver tests the lift/ramp upon arrival.

15. Accessible vans/buses with “X” tie-down spaces with shoulder and lap belts, in accordance with ADA/DOT (§1192.23 Mobility aid accessibility).

4.2 Transport Service.

Contractor personnel, when required or requested, shall physically assist passengers with disabilities on and off the mode of transportation at all pick-up/drop off points and shall fasten applicable strapping devices. Transport must be able to accommodate wheelchairs and personal mobility devices. All wheelchair and personal mobility device restraints shall hold the device stable in all manners of driving.

Restraints should be installed according to the manufacturer’s installation instructions. After the wheelchair and/or personal mobility device is properly positioned and restrained in the vehicle, it shall be tested for motion. All straps used must meet requirements at 49 CFR §38.23 and shall be fastened in accordance with the manufacturer's specifications.

4.3 Scheduling of Transportation Services

Three weeks prior to the first day of service under this contract, USAB personnel will provide the contractor with a detailed itinerary of the transportation services required, including times and pick-up/drop-off locations. If the contractor has any concerns regarding the itinerary, they must be communicated to the COR within 2 business days of receipt.

The Contractor shall confirm the transportation is scheduled by email no later than 3 weeks prior to the first day of service under this contract.

4.4 Emergency Contingency Plan

The selected offeror shall have a contingency plan developed and for any disruption in the availability of the contracted transportation services. The selected offeror must submit the contingency plan to USAB for review within fifteen (15) calendar days after award. If a vehicle assigned to this contract becomes inoperable, or if the accessibility features such as the lift/ramp and/or wheelchair securement devices are not fully operational, the vendor must replace the vehicle immediately with a different wheelchair-accessible vehicle meeting the specifications in 4.1.

4.5 Contractor Liability for Personal Injury and/or Property Damage The Contractor assumes responsibility for all damage or injury to persons or property occurring through the use, maintenance, and operation of the Contractor's vehicles, or the action of the Contractor's employees and agents.

SECTION 5. Permits, Licenses, Insurance, Records, and Reporting The Contractor shall be responsible for submission of all required code compliant forms and shall obtain required permits, licenses, and insurance for the performance of work. Upon submission of reports or the acquisition of permits or licenses, the Contractor shall provide one (1) copy to the Government for its records.

SECTION 6. Contractor Regulatory Responsibility The Contractor shall always comply with applicable Federal, State, and local Municipality laws, regulations, and codes governing health, safety, environmental, and fire prevention regarding their performance responsibilities. While performing duties, the contractor shall abide by all industry standards and original equipment manufacturers’ (OEM) specifications and recommendations.

SECTION 7. Contractor-Furnished Equipment (CFE) and Vehicles The Contractor shall furnish all equipment and materials including, but not limited to, motor vehicles, containers, fuel, and administrative equipment required to perform work as stated herein. The Contractor shall repair and maintain all CFE and vehicles in a safe and serviceable condition suitable for their intended use.

The Contractor shall provide and utilize a communication system that allows drivers to speak with and respond to, the service desk dispatcher in certain instances. These instances include, but are not limited to, customer complaints, vehicle breakdown, and emergencies. The driver shall also be able to communicate with the passengers on the vehicle through a public announcement system.

All vehicles shall be equipped with operational air conditioning/heating systems. If the air conditioning/heating system becomes inoperable or is unable to maintain temperatures between 68-79 degrees Fahrenheit in the passenger compartment, the vehicle must be immediately pulled from service at the termination of the current trip. The vehicle pulled from service shall not again be used for service under this award until the air conditioning/heating system has been repaired.

The Contractor shall have telephone coverage to accept calls from the USAB during the times services are provided.

SECTION 8. Equipment Plan The Contractors equipment plan shall include all equipment the Contractor will provide to perform work required under this award. The equipment plan shall be updated when equipment requirements or status of equipment changes the Contractor’s capability to perform. The Contractor shall include in its plan, but not be limited to, equipment type, size, capacity, and/or safety features and enhancements.

SECTION 9. Contractor-Owned (CO) Vehicle Condition and Markings All Contractor-owned vehicles shall be maintained in a neat, presentable, and operational condition.

Contractor vehicles shall have clearly marked signs of sufficient size on both sides of the vehicle to be distinguishable from Government vehicles. Markings shall include, but not be limited to, the Contractor’s name and the vehicle identification number.

SECTION 10. Government Furnished Equipment (GFE) None

SECTION 11. Government Personnel The Contracting Officer (CO) has the overall responsibility for contract administration. The CO is the only Government representative authorized to amend, modify, or deviate from the contract. The Contracting Officer’s Technical Representative (COR) will be designated in writing at the time of the award to assist the CO in the day-to-day on-site administration of this contract. The COR responsibilities include determining the compliance and adequacy of performance by the Contractor, in accordance with the terms and conditions of this contract; requesting removal of unsuitable contractor employees; approving schedule and Quality Control Plan changes.

SECTION 12. Management The Contractor shall manage the total work effort associated with the services required herein to ensure fully adequate and timely completion of these services and permit tracking of work in progress. Such management includes planning, scheduling, report preparation, establishing and maintaining records, and quality control. The Contractor shall provide staff with the necessary management expertise to assure the performance of the required work.

The Contractor shall ensure appropriate supervision and management consultation is available to respond to complaints or emergencies.

12.1 Point of Contact

The Contractor shall provide a point of contact which shall perform continual management of the functional areas contained in this SOW. The point of contact shall conduct overall management coordination and shall be the central point of contact (POC) with the Government for performance of all work under the SOW. A Contractor employee shall be designated to act for the central point of contact when work is being performed outside of duty hours or during the main point of contacts absence.

Upon award, the Contractor shall submit to the COR, in writing, the name, title, office, and mobile telephone number of the main and alternate point of contact.

12.1.1 KEY PERSONNEL REPLACEMENT PROCESS

Key personnel may, with the consent of the contracting parties, be amended from time to time during the contract to add or remove key personnel. A formal modification is only required when the key personnel are specifically named in the contract. This process only applies to the extent that the contract does not otherwise specify notice or personnel replacement obligations.

Government Request

The Government may require the replacement of drivers in the instance of non-performance, misconduct, or alleged misconduct whose continued use under a contract is contrary to the best interests of the Government. Circumstances that support a request for replacement include but are not limited to performance that is inconsistent with the contract performance work statement (PWS), terms and conditions, or violations of Federal laws, regulations, or agency conduct standards. The Contracting Officer’s Representative (COR) will give written notice to the Contractor of the need for substitution, including the circumstances surrounding the request for replacement. In accordance with FAR Part 1.602-2(b), the Contracting Officer (CO) will ensure the Contractor receives impartial, fair, and equitable treatment; however, the CO is not required to investigate or validate allegations or wait until a final resolution of the circumstances surrounding the request for replacement before requiring substitution of key personnel.

As soon as possible, no later than 12 hours, receiving notice, the Contractor shall provide a substitute driver. The Government reserves the right to disapprove the proposed substitute(s) and negotiate with the Contractor for other key personnel replacement(s). Any Contractor replacement of key personnel must be done in consultation with the COR. The process for replacing key personnel as described above does not suspend the Contractor’s obligation to continue performance under the contract.

12.1.2 Substitution of the Point of Contact

Any changes to the working status of the point of contact shall be submitted to the COR for approval within fourteen (14) working days prior to the change.

12.2 Supervision of Work.

The Contractor shall supervise work performed by Contractor personnel to ensure that all contract requirements are met. The Contractor shall also ensure required supervision of Contractor personnel is provided whenever work is being performed.

12.3 Contractor Responsiveness.

The Contractor shall ensure the COR has current emergency contact numbers for cases where services pertaining to execution of the SOW need to be addressed during other than normal contract work hours.

An answering machine and/or service is permitted during other than normal contract workdays and work hours for receipt of a COR emergency response work requirement. However, the Contractor shall respond to all calls within four (4) hours after notification of the call by the answering machine and/or service. If after hours, the Contractor should respond at the beginning of the next business day. The Contractor responding must have the capacity and authority to contractually bind the Contractor for prompt action on matters pertaining to execution of the SOW.

12.4 Personnel Backup

The Contractor shall provide backup coverage for the absence of all regularly scheduled Contractor employees immediately. Backup Contractor employees shall have all specific licenses and certifications as required in the award.

SECTION 13. Employee Qualifications and Certifications The Contractor shall ensure and certify that only qualified personnel with required licenses (i.e. CDL) or certifications perform work under this contract. Contractor personnel (drivers) shall have successfully completed training on the use of the vehicle’s accessible features including the lift/ramp and wheelchair securement devices.

13.1 Employee Conduct

The Contractor shall be responsible for the performance and conduct of Contractor and subcontractor personnel.

No Contractor employee shall accept money or gifts from passengers.

Contractor employees shall not exhibit rude behavior such as loudness, vulgarity, or other offensive behavior toward civilians or other Contractor personnel.

Contractor personnel shall be able to read and write and shall speak in a tone in which is easily understood by those passengers who have a hearing disability.

The Contractor shall not employ, for performance under this award, any person whose employment would result in a conflict of interest with the Government's standards of conduct.

13.2 Personnel Appearance

Contractor employees shall be well-groomed, clean; neat in appearance; and with clothes properly fitted;

and appropriate for the work to be done. Contractor employees shall not wear clothing with slogans, drawings, or language which could be construed as being lewd, obscene, profane, offensive to any group, Anti-American, or which advocates the use of illegal drugs or other unlawful conduct.

13.3 Smoking

Smoking is permitted only in designated areas, as defined by the USAB. Smoking is not permitted at any time in the vehicles used for this contract during the period of the contract. Drivers may not smoke while USAB personnel are boarding, alighting, or waiting to board the contracted vehicles, nor may they smoke at other times in proximity to USAB personnel unless USAB COR has specifically designated an area where smoking is permitted.

13.4 Alcohol and Drug Use

The contractor shall not allow any employee to perform work when the employee is under the influence of alcohol, illegal drugs, or prescription drugs which can adversely affect the employee's ability to perform their duties in a safe manner. Employees found to be under the influence of alcohol or illegal drugs on the day of USAB scheduled transportation provided by the contractor will result in rejection of services provided and an alternate driver shall be provided by the Contractor within one (1) hour.