Solicitation 693JK420R900001 Alternatives to the URCS.pdf

Solicitation # 693JK420R900001 Alternative to Uniform Railroad Costing System (URCS)

**PLEASE READ THIS NOTICE CAREFULLY AS IT CONSTITUTES THE ONLY NOTICE

THAT WILL BE ISSUED**

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; proposals are being requested and a written solicitation will not be issued. Interested parties are responsible for monitoring the site https://beta.sam.gov/ to ensure they have the most current information in reference to this acquisition.

The U.S. Department of Transportation (OST) Office of Senior Procurement Executive (OSPE) is issuing this solicitation, number 693JK420R900001, as a Request for Proposals (RFPs).

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 541618, “Other Management Consulting Services" with a size standard of 15.0 Million. The Product Service Code for this procurement is R799, “Other Management Support Services."

This combined synopsis/solicitation RFP is open to all business types.

1. CONTRACT PRICING

This is a Fixed Price Hybrid Contract with Fixed Labor Hours. The Contractor shall bill the fixed labor rates as negotiated at award and further outlined below. The Contractor performance cannot exceed 1920 hours per person within each designated labor category without express written consent for the Contracting Officer.

The total negotiated amount of this contract is $__________; this amount includes the period of

September xx, 2020 through September xx, 2021.

(Table with negotiated hours/price will be inserted upon award)

FIXED HOURLY RATES:

Labor Category Hours Hourly Rate Amount

1 Project Manager (PM) 100

2 Consultant 1 (e.g. Senior Economist) 900

3 Consultant 2 (e.g. Economic Analyst) 1,300 https://beta.sam.gov/

Consultant 3 (e.g. Technical member-costing expert) 700

5 Consultant 4 (e.g. Non-technical member) 100

TOTAL $

DELIVERABLE AND PAYMENT SCHEDULE:

Task Description Payment Percentage

Amount Due Date

Review the current URCS methodology (Phase 2 and Phase 3)

20% Due 8 weeks after start date

Examine RAPB Report recommendations 10% Due 8 weeks after start date

Analysis of alternative models 40% Due 46 weeks after start date

Impact on Jurisdictional Threshold 15% Due 46 weeks after start date

Write Report 15% Due 52 weeks after start date

TOTAL 100%

Note: Offerors should propose their pricing per the above format for the fixed labor hours and tasks per Section 2. The total for labor category and payment schedule (above) should equal the total negotiated contract amount.

2. SUPPLIES OR SERVICES TO BE PROVIDED

2.1. INTRODUCTION AND BACKGROUND

The Surface Transportation Board (STB or Board) is an independent regulatory and adjudicatory body. The STB has jurisdiction over certain surface transportation economic regulatory matters. One of the tools that the STB uses in its regulatory responsibilities is the Uniform Railroad Costing System (URCS). URCS is a general purpose costing methodology to estimate variable costs of rail shipments.

INTRODUCTION

The STB seeks to contract the services of a Contractor to provide Expert Consultant services to identify and evaluate possible alternatives to URCS that could better or more efficiently reflect the operating environment of today’s railroad industry. As described more fully below, the STB seeks an expert to identify and evaluate costing methodologies other than URCS that could be used as a replacement general purpose costing methodology to generate railroad movement-specific variable costs for regulatory purposes. The assessment shall be presented to the STB in a written, confidential report.

2.2. BACKGROUND

HISTORY

URCS was formally adopted by the STB’s predecessor, the Interstate Commerce Commission (ICC), as the agency’s general purpose costing system in 1989 and was implemented several years later. For more information regarding the development of URCS, including its evolution from the agency’s earlier costing system, see STB Report to Congress Regarding the Uniform Railroad Costing System (May 27, 2010), at https://www.stb.gov/stb/industry/urcs.html.

The current URCS methodology is based on concepts considered by the agency in the 1980s:

• The URCS model is linear: A linear model estimates – for a given change in the independent variable – what proportion of that change is reflected in a change in the dependent variable. Here, the railroad’s cost is the dependent variable, and the railroad’s output and capacity are the independent variables. As the estimates produced by the linear model are constant, URCS assumes the relationships between the independent and dependent variables do not change at different levels of output.

• URCS utilizes a panel dataset. A panel dataset is one in which the data are available in both cross-sectional and time-series formats, i.e., data are available for individual Class I railroads over a series of years. This differs from a cross-sectional dataset that would depict data for all railroads for only one year, or a time-series dataset that would depict data for a single railroad over a number of years.

• Railroads that merged during the panel dataset period were treated as a single merged entity for the entire period. For example, the Union Pacific Railroad – which, at the time, was the result of mergers between the Union Pacific, the Western Pacific Railroad, and the Missouri Pacific Railroad – appears as a single railroad in every year, even though its carriers were separate entities in the earlier years of the panel dataset period.

• URCS uses 15 expense account groups from the R-1 data submitted to the Board by Class I rail carriers each year (instead of aggregating those expense account groups into a smaller or greater number of groups).

• URCS relies, in part, on engineering relationships based on numerous special studies completed by the ICC. These studies, some of which date to the 1930s, measured the time and effort involved in performing various railroad activities, and are the basis of the URCS “special study” factors. For example, the average distances traveled in various switching movements used in URCS were estimated by ICC engineers based on detailed maps for 49 separate railroads in 15 large cities (excluding New York and Chicago) in the 1950s. Likewise, a figure of 6 MPH has been used to estimate the miles generated by train switching since at least 1963.

http://www.stb.gov/stb/industry/urcs.html http://www.stb.gov/stb/industry/urcs.html

• URCS accounts for the added efficiencies of certain kinds of rail shipments - unit train and multi-car movements - over those of single car movements, and uses a “make- whole” adjustment to redistribute the efficiency savings that a railroad obtains in higher-volume shipments across all of that carrier’s lower-volume shipments. The make-whole adjustment maintains the same total sum of variable costs across all of the carrier’s shipments, while recognizing the efficiency in the carrier’s higher-volume movements.

With the above-described methodology, for each Class I carrier, URCS produces the portion of each category of R-1 costs that represents that carrier’s average system-wide variable unit cost for that category in that year. URCS was designed to develop a cost estimate that could be applied to a service that occurs anywhere on that carrier’s system.

Thus, the URCS system-wide average could be higher or lower than the actual cost of any particular movement.

The regression-based statistical techniques in URCS link approximately 78% of the total expenses reported across 15 different expense account groupings with various output and capacity variables. The resulting “parameter estimates” from the regressions are then used to estimate the percent of a particular cost grouping that is considered variable, which is called the variability factor. See Adoption of URCS.

The remaining expenses are assigned default variability factors that are based primarily on prior judgments by the ICC regarding the appropriate variability. This category includes return on road property investment (estimated to be 50% variable) and capital expenditures (also 50% variable).

THE USES AND PHASES OF URCS

The STB uses URCS for a variety of regulatory functions. URCS variable costs are the denominator of the Revenue-to-Variable Cost Ratio (R/VC Ratio) used in market dominance determinations and for other purposes in railroad rate reasonableness proceedings. URCS is also used for cost determinations in abandonments (exit licensing), certain trackage rights cases, and other proceedings. It is also used to provide the railroad industry and shippers with a standardized costing model; to cost the Board’s Carload Waybill Sample to develop industry cost information; and to provide interested parties with basic cost information.

URCS develops these cost estimates through three distinct phases. In Phase I, which was performed only once when URCS was originally developed, regression analyses were developed using the annual reports submitted by Class I rail carriers (R-1 reports) at the time to estimate equations linking expense account groupings with particular measures of railroad activities. In Phase II, which is performed annually, URCS takes the aggregated cost data provided by Class I carriers in their most recent R-1 reports and disaggregates them by calculating the system-average unit costs associated with specific rail activities. In Phase III, URCS takes the unit costs from Phase II and applies them to the characteristics of a particular movement in order to calculate the system-average variable and total costs of that movement.

2.3. SCOPE OF ASSESSMENT REPORT

The Board seeks to retain an Expert Consultant to identify and evaluate alternative regulatory costing systems that could potentially replace URCS as the Board’s general purpose costing system. The Expert Consultant shall produce a confidential written report containing its assessment, quantitative analyses, and recommendations. The report must identify the methodology, rationale, and data used to study the issue, and it should include any programming or data used to perform the analyses contained in the report.

The report must evaluate whether other costing methodologies could be adapted or developed to generate railroad variable costs for regulatory purposes in a manner that better or more efficiently reflects the current operations of the railroad industry. The report should compare any alternative methodologies to URCS and address the pros and cons regarding their use. This includes whether and the extent to which the alternatives would adhere to the principle of cost causality, practicality, and other principles outlined in the Railroad Accounting Principles Board Final Report (Sept. 1, 1987).

The report should also identify and quantify the effects of a different costing methodology on the Board’s current regulations (e.g., the effects on possible market dominance determinations for movements with R/VC Ratios equal to or greater than 180%, if an alternative costing methodology changes the calculation of variable costs). To the greatest extent possible, the Report must include a quantitative analysis of any recommended alternatives, using publicly available data and data made available to the contractor by the STB. Finally, the report should also address whether data beyond that currently collected by the STB would be necessary to implement any potential alternative.

2.4. DELIVERABLES AND DUE DATES

The deliverables shall consist of the following and shall be delivered within the due dates:

1) A draft agenda for a contract kickoff meeting

2) Monthly written status updates detailing project accomplishments and upcoming work via email (PDF or Word)

3) A draft confidential written report covering tasks identified in Section 2.3 Scope of Assessment Report and Section 1 Contract Pricing submitted to the Board.

Within 15 days of any Board comments on the draft report, the Contractor will deliver one Final confidential report to the Board reflecting those comments.

Task Description Percentage Due Date

Review the current URCS methodology (Phase 2 and Phase 3)

20% due 8 weeks after start date

Examine RAPB Report recommendations

10% due 8 weeks after start date

Analysis of alternative models 40% due 46 weeks

Impact on Jurisdictional Threshold

15% due 46 weeks after start date

Write Report 15% due 52 weeks

TOTAL 100%

Delivery Instructions—all deliverables required under this contract shall be delivered both electronically to the STB at TBD@stb.gov and in hard copy to:

TBD (To be determined)

Chief, Section of Applied Economics and Special Studies Office of Economics Surface Transportation Board 395 E St. S.W.

Washington, D.C. 20423

2.5. PROJECT MANAGER

The Contractor must designate a Project Manager. The Project Manager shall possess the skills and experience needed to manage the personnel required for projects of the magnitude and complexity presented by this statement of work. The Project Manager shall be responsible for tracking the Contractor’s cost, schedule and technical performance.

Further, the Project Manager must ensure that the required level of expertise is applied to the services performed this contract. Contractor personnel must have an adjudication of public trust or higher. The Contractor shall comply with all applicable STB security policies and employ adequate security measures to protect information, applications, and services outsourced from STB in accordance with STB System and Services Acquisition Policy.

The Contractor shall provide, in accordance with the requirements specified in this SOW, all resources necessary to research, write, and furnish the services and deliverables described herein.

2.6. KEY PERSONNEL

Key personnel are essential to the performance of this contract. The Contractor shall identify required consultants to assign to this project who shall possess the education, skills, and experience necessary to perform the tasks of this project. Key personnel must possess and demonstrate the following skills to perform this SOW including having expertise in costing and economics in their submissions:

• Costing Knowledge o Knowledge of costing theory, costing models and the application of costing principles to the railroad industry, other network industries, or other mailto:TBD@stb.gov complex industries.

• Technical Experience o Practical experience with econometric theory and techniques (e.g., regression analysis).

o Practical experience with empirical studies.

• Neutrality/Accuracy o Practical experience in ensuring accurate and unbiased work product.

• Minimum Standard for key personnel o Bachelor degree (or equivalent) or advanced degree is fine. Minimum of 2 or 3 years of work experience.

The identified key personnel in Section 1, Contract Pricing shall not be reassigned or removed without the written consent of the Contracting Officer Representative in coordination with contracting officer (CO) unless the identified key personnel become unavailable.

Then, the Contractor shall notify the COR and Contracting Officer in writing within two days of key personnel unavailability with a written justification (including proposed substitutions) in sufficient detail to permit an evaluation on the impact on the performance of the contract. All proposed replacement personnel shall possess equal or greater relevant qualifications. The STB must approve all proposed replacement personnel before they are privy to the confidential information necessary for the contractor to perform the functions described in this statement of work.

With respect to other personnel involved, the Contractor shall assign only competent personnel for performance of the engagement. “Competent personnel” means those individuals possessing the education, skills, and experience necessary to aide in researching and writing the report to be delivered to the STB.

2.7. OPERATIONS DURING GOVERNMENT HOLIDAYS

When Government offices are 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 ten Federal holidays per year are as follows:

New Year’s Day 1st Day of January

Martin Luther King, Jr. Birthday 3rd Monday of January

President’s Day 3rd Monday of February

Memorial Day Last Monday of May

Independence Day 4th day of July

Labor Day First Monday of September

Columbus Day Second Monday of October

Veteran’s Day 11th day of November

Thanksgiving Day Fourth Thursday of November

Christmas Day 25th day of December

3. INSPECTION AND ACCEPTANCE

Inspection and Acceptance shall be subject to:

FAR 52.246-4 Inspection of Services-Fixed Price (AUG 1996)

4. PERIOD OF PERFORMANCE

The period of performance shall not be exceeding 12 months and the start date will be sometime in September 2020.

5. CONTRACT ADMINISTRATION

5.1 CONTRACTING OFFICER

The CO 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 contract; and (6) otherwise modify any terms or conditions of this contract.

CONTRACTING OFFICER

Ms. Robin D. Gates 202-366-1408 Robin.Gates@dot.gov mailto:Robin.Gates@dot.gov

CONTRACT SPECIALIST (CTR)

Ajmal Khan 202-366-5483 Ajmal.Khan.Ctr@dot.gov

5.2 CONTRACTING OFFICER REPRESENTATIVE (COR)

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 CO. 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 CO.

The following individual is:

TBD Telephone: TBD Contracting Officer Representative Email: TBD

Department of Transportation 1200 New Jersey Avenue, SE Washington DC 20590

5.3 CONTRACTOR POINT OF CONTACT

Name: TBD Title: Program Manager Email: TBD

6. PAYMENT

The vendor shall be paid in accordance with FAR 52.212-4 (i). The contractor will be paid either based on monthly invoices for hours worked or by deliverable submission based on negotiated performance in Section 1, Contract pricing.

7. SUBMISSION OF INVOICES

(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.

(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.

http://www.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 STB POC is:

Adil Gulamali 202-245-0349

Adil.Gulamali@stb.gov

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.

https://login.gov/help/ mailto:Adil.Gulamali@stb.gov https://einvoice.esc.gov/ http://einvoice.esc.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: Adil.Gulamali@stb.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.

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

This 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/.

52.202-1 Definitions JUN 2020

52.203-5 Covenant Against Contingent Fees MAY 2014

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

Alternate I

52.203-7 Anti-Kickback Procedures JUN 2020

52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform

Employees of Whistleblower JUN 2020

52.204-4 Printed or Copied double-sided on Postconsumer Fiber

Content Paper MAY 2011

52.204-19 Incorporation by reference of Representations and Certifications

DEC 2014

52.212-4 Contract Terms and Conditions-Commercial Items OCT 2018 mailto:Adil.Gulamali@stb.gov https://www.acquisition.gov/far/

52.217-8 Option to Extend Services NOV 1999

52.216-24 Limitation of Government Liability APR 1984

52.222-50 Combating Trafficking in Persons JAN 2019

52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving

JUN 2020

52.225-13 Restrictions on Certain Foreign Purchases JUN 2008

52.232-1 Payments APR 1984

52.232-18 Availability of Funds APR 1984

52.232-33 Payment by Electronic Funds Transfer—

System for Award Management OCT 2018

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013

52.232-40 Providing Accelerated Payments to Small Business DEC 2013

52.233-1 Disputes MAY 2014

52.233-4 Applicable Law for Breach of Contract Claim OCT 2004

52.243-1 Changes- Fixed Price AUG 1987

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 proposal.

9. FAR CLAUSES IN FULL TEXT

FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (JUL 2020)

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

Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or

Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and

Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

https://www.sam.gov/

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services

Developed or Provided by Kaspersky Lab and Other Covered Entities (JUL 2018)

(Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video

Surveillance Services or Equipment. (AUG 2019) (Section 889(a)(1)(A) of Pub. L. 115-

232).

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

2015).

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

(6) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-

77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting

Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

_X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUNE 2020), with

Alternate I (OCT 1995) (

41U.S.C.4704 and 10 U.S.C. 2402).

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

_X_ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment

Act of 2009 (JUN 2010)

(Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and

Reinvestment Act of 2009.)

__ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN

2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).

__ (5) [Reserved].

_X_ (6) 52.204-14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111-117, section

743 of Div. C).

__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts

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

_X_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors

Debarred, Suspended, or Proposed for Debarment. (JUN 2020) (31 U.S.C. 6101 note).

__ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters

(OCT 2018) (41 U.S.C. 2313).

__ (10) [Reserved].

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

657a).

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

__ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns

(MAR 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15

U.S.C. 657a).

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

__ (13) [Reserved]

__ (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (MAR 2020) of 52.219-6 (15 U.S.C.

644).

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

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

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

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

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

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

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

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

__ (v) Alternate IV (JUN 2020) of 52.219-9

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

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

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

__ (20) 52.219-16, Liquidated Damages-Subcontracting Plan (JAN 1999) (15 U.S.C.

637(d)(4)(F)(i)).

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (MAR

2020) (15 U.S.C. 657f).

__ (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (MAY 2020) (15

U.S.C. 632(a)(2)).

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

__ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged

Women-Owned Small Business Concerns (MAR 2020) (15 U.S.C. 637(m)).

__ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small

Business Concerns Eligible Under the Women-Owned Small Business Program (Mar2020) (15

U.S.C. 637(m)).

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

644(r)).

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

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

__ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (JAN2020)

(E.O.13126).

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

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

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

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

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

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

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

__ (33) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

__ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC

2010) (E.O. 13496).

__ (35) (i) 52.222-50, Combating Trafficking in Persons (JAN 2019) (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).

__ (36) 52.222-54, Employment Eligibility Verification (OCT 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

__ (37) (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 (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.)

__ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential

Hydrofluorocarbons (Jun 2016) (E.O. 13693).

__ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air

Conditioners (JUN 2016) (E.O. 13693).

__ (40) (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.

__ (41) (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.

__ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY 2020) (42 U.S.C.

8259b).

__ (43) (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.

__ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN

2020) (E.O. 13513).

__ (45) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

__ (46) 52.223-21, Foams (Jun2016) (E.O. 13693).

__ (47) (i) 52.224-3 Privacy Training (JAN 2017) (5 U.S.C. 552 a).

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

__ (48) 52.225-1, Buy American-Supplies (May 2014) (41 U.S.C. chapter 83).

__ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (MAY 2014) (41

U.S.C.chapter83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 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 (MAY 2014) of 52.225-3.

__ (iii) Alternate II (MAY 2014) of 52.225-3.

__ (iv) Alternate III (MAY 2014) of 52.225-3.

__ (50) 52.225-5, Trade Agreements (OCT 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

__ (51) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the

Treasury).

__ (52) 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. 2302Note).

__ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov2007) (42 U.S.C. 5150).

__ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007)

(42 U.S.C. 5150).

__ (55) 52.229-12, Tax on Certain Foreign Procurements (JUN 2020).

__ (56) 52.232-29, Terms for Financing of Purchases of Commercial Items (FEB 2002) (41 U.S.C.

4505, 10 U.S.C. 2307(f)).

__ (57) 52.232-30, Installment Payments for Commercial Items (Jan2017) (41 U.S.C. 4505, 10

U.S.C. 2307(f)).

_X_ (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management

(OCT2018) (31 U.S.C. 3332).

__ (59) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award

Management (Jul 2013) (31 U.S.C. 3332).

__ (60) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

__ (61) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

__ (62) 52.242-5, Payments to Small Business Subcontractors (JAN 2017) (15 U.S.C. 637(d)(13)).

__ (63) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006)

(46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

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

__ (iii) Alternate II (FEB 2006) 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 items:

[Contracting Officer check as appropriate.]

__ (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, 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 Under Executive Order 13658 (DEC 2015).

__ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

__ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42

U.S.C. 1792).

(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 items.

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 (JUN 2020) (41 U.S.C. 3509).

(ii) 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)).

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or

Provided by Kaspersky Lab and Other Covered Entities (JUL 2018) (Section 1634 of Pub. L. 115-

91).

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video

Surveillance Services or Equipment. (AUG 2019) (Section 889(a)(1)(A) of Pub. L. 115-232).

(v) 52.219-8, Utilization of Small Business Concerns (OCT 2018) (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.

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

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

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

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

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

(xi) 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.

(xii) 52.222-41, Service Contract Labor Standards (Aug2018) (41 U.S.C. chapter 67).

(xiii) (A) 52.222-50, Combating Trafficking in Persons (JAN 2019) (22 U.S.C. chapter 78 and E.O

13627).

(B) Alternate I (Mar2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to

Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements

(May2014) (41 U.S.C. chapter 67).

(xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to

Contracts for Certain Services-Requirements (MAY2014) (41 U.S.C. chapter 67).

(xvi) 52.222-54, Employment Eligibility Verification (OCT 2015) (E.O. 12989).

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015).

(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

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

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

(xx) 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. 2302 Note).

(xxi) 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.

(xxii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006)

(46 U.S.C. Appx. 1241(b) 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 items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)

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

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor prior to the expiration of the current performance period.

(End of Clause)

10. DEPARTMENT OF TRANSPORTATION ACQUISITION REGULATIONS (48

CHAPTER 12) CLAUSES

TAR 1252.223-73 SEAT BELT USE POLICIES AND PROGRAMS (APR 2005)

TAR 1252.242-72 DISSEMINATION OF CONTRACT INFORMATION (OCT 1994)

11. INTRUCTIONS TO OFFERORS SUBMITTING PROPOSALS

FAR 52.212-1 Instructions to Offerors - Commercial Items (Jun 2020), applies to this acquisition.

The Technical and Price proposals shall be submitted in two separate volumes. Proposals must include the following information on the cover page of each volume:

1. RFP Number and Project Title

2. Offeror's Point of contact for this project including name, title, address, phone number, and email address

3. Tax Identification Number (TIN)

4. DUN & Bradstreet,/Data Universal Numbering System (DUNS)

5. North American Industrial Classification System (NAICS) Code

6. Product Service Code (PSC)

7. The validity period of the proposal [Offeror's Quotation(s) must be valid for at least

90 calendar days]

8. Provide an acknowledgement of all RFP amendments, if any (may be included in the cover letter). The acknowledgement must reference the amendment numbers."

9. The Offeror must submit with their proposals a completed Representations and

Certifications - Commercial Items (FAR 52.212-3) form. If the Offeror's

Representations and Certifications are registered in the SAMs website https://www.sam.gov/portal/public/SAM/), it must be indicated in the offer.

10. The offer shall also indicate a statement that the SAM record has been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation.

12. BASIS FOR AWARD

This acquisition will be procured in accordance with FAR Part 12 – Acquisition of Commercial Items for advisory support services. The award will be made to the offeror whose proposal provides the best value to the Government. Though cost or price is a factor, more consideration will be given to non-cost factors to allow the Government to accept other than the lowest price proposal or other than the highest technically rated proposal. However, the Government will not make an award at a significantly higher overall cost to the Government to achieve only slightly superior performance.

13. WHAT TO SUBMIT

The Offeror shall submit the proposals in two separate volumes: 1) Technical volume and 2)

Price volume.

The following information should be included in the TECHNICAL VOLUME:

1. Technical Capabilities and Approach;

2. Staffing; and

3. Past Performance

The Offeror shall demonstrate its ability to meet the criteria outlined in Section 14 below, along with the resumes for key personnel. The technical volume shall not exceed 20 pages. The 20 pages limit does not include cover page, resumes and attachments listed under Section 17.

The following information should be included in the PRICE VOLUME (see Section 15 below):

https://www.sam.gov/portal/public/SAM/

The Price Volume should be structured to include:

1. Labor rates, Deliverable and Payment Schedule for no less than (3,100) labor hours in the format provided under Section 1, Contract Pricing, which includes a PM and other labor categories, over the contract period of performance of 12 months*;

2. Overtime rates, if applicable;

3. Statement of total costs for the project, proposed cost for each task, estimated hours by person and task, estimated hours by person and step;

4. Attachment 1, Subcontracting Plan, if applicable;

5. Attachment 3, Information Regarding Responsibility Matters.

Each Offeror shall complete and submit Attachment 3, Information Regarding Responsibility

Matters as part of its submission. Attachment 1, Subcontracting plan shall be only submitted if the offeror intends to award a subcontract at value exceeding $700,000.00.

14. FAR 52.212-2 EVALUATION-COMMERCIAL ITEMS (OCT 2014)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose proposal conforming to the solicitation will be most advantageous to the

Government, considering best value. The following factors shall be used to evaluate offers:

EVALUATION FACTORS:

The evaluation factors for this RFP are:

VOLUME I – TECHNICAL PROPOSAL

The technical proposal should explain the offeror’s technical capabilities and approach, staffing approach and past performance. For each Task separately, all evaluation factors other than cost or price, when combined, are significantly more important than cost or price. The technical factors are of equal importance and carry equal weight.

The solutions that best meet the requirements of the Government will be considered for award.

The Government will use the following criteria to evaluate the Offeror’s proposal based on the requirements specified above.

A: TECHNICAL CAPABILITIES AND APPROACH:

Each offeror will be evaluated on their responses to all the requirements listed in the Statement of Work.

The Offeror should consider addressing the following topics as applicable to their overall approach:

Understanding of the requirements; reasonableness and logic of approach; and availability of qualified staff to fulfill this requirement. Clarity and completeness of proposal, with explicit and detailed responses to requirements in the

Statement of Work. A detailed explanation of how the offeror will meet the requirements set forth in the Statement of Work. Quality and timeliness of the deliverables, as shown by the offeror’s responses to the Government’s requirements. Proof of the offeror’s ability to deliver the products/services as required.