TAR Support Services Sources Sought Notice MERGED with Statement of Work as PUBLISHED in SAM.gov on Aug 26 2024.pdf

Sources Sought Notice: TAR/TAM Acquisition Rulemaking, Regulatory, and Policy Support, DOT

Title: Sources Sought Notice (SSN) to certified Service-Disabled Veteran Owned Small Businesses (SDVOSB), pertaining to a Contemplated New Procurement to provide comprehensive support for the Department of Transportation’s acquisition rulemaking, regulatory, and policy development.

The purpose of this notice is to enable DOT to obtain preliminary information about certified SDVOSB firms that are capable of performing Rulemaking, Regulatory and Policy Support Services.

This notice is not a Solicitation, and it therefore does not seek the submission of formal binding proposals.

DOT cannot and will not reimburse any organization for its time or effort or costs expended in responding to this published Sources Sought Notice.

DOT is seeking a certified SDVOSB with a proven track record of successfully executing complex transportation acquisition rulemaking projects. Under the contemplated new contract, the Contractor would be responsible for assisting in policy development. The nature of the policy will be driven by changes in the acquisition process; statutes, public law and guidance documents; Executive Orders

(E.O.s); Office of Management and Budget (OMB) or Office of Federal Procurement Policy (OFPP) memorandums, letters, circulars, and other directives; or because of changes to the Department of

Transportation (DOT) internal operational processes, organization, mission requirements, or departmental policy issuances; as well as emerging issues.

The Contractor shall also provide support in accordance with similar parameters and compliance with the external and internal guidance and requirements to plan, manage, review, analyze, and facilitate

DOT’s ability to periodically revise their Federal Acquisition Regulation (FAR) supplement, the

Transportation Acquisition Regulation (TAR); Establishment and management of a DOT Transportation

Acquisition Policy regulatory development process from initiation of a case through publication of a final rule. The Contractor shall support rulemaking activities and comply with all DOT external and DOT internal regulatory rulemaking requirements, along with any required regulatory support documents.

(See the attached Statement of Work for the detailed proposed requirements).

The ideal candidate will possess:

• Deep expertise in transportation policy and regulatory frameworks.

• Strong leadership skills to guide project teams and collaborate effectively with stakeholders, to include senior leadership.

• A proven ability to manage complex projects and meet tight deadlines.

• A commitment to delivering high-quality work that meets DOT's stringent standards.

The NAICS code for this effort is 541611, Administrative Management and General Management Consulting Services, with an SBA size standard of $24.5M.

If an award is contemplated, the anticipated period of performance is three (3) years inclusive of a base period and two (2) one year option periods. However, the established contract ceiling will not be exceeded at any time. Based on the nature of the requirement, DOT anticipates award of a Labor Hour (LH) contract.

After reviewing the SOW, interested parties should submit:

1) Your Company Capability Statement including your firm’s UEI number and a clear identification of your firm’s business size.

Sources Sought Notice: TAR/TAM Acquisition Rulemaking, Regulatory, and Policy Support, DOT

2) Three Past Performance references for work similar, in size and scope, to the work described in the Statement of Work (SOW) given below in this published Sources Sought Notice.

3) A brief narrative addressing the tasks outlined in the SOW.

4) A pro forma, non-binding, pricing-estimate (“rough order of magnitude”) for completion of the tasks.

5) Please also include a statement confirming that your certified SDVOSB firm would submit a proposal to DOT if this requirement were published as a competitive Solicitation.

DOT is not promising to review more than the first TEN responses submitted in response to this published Sources Sought Notice. However, DOT reserves the right to review more than the first ten responses if, in DOT’s sole judgment and discretion, DOT determines that any such further review would be in the Government’s interest.

Any and all responses concerning this Sources Sought Notice shall be e-mailed to James.Mowery@dot.gov and to LaWanda.Morton-Chunn@dot.gov and to Gregory.Cate@dot.gov not later than 11:30 PM Eastern Daylight Time August 31, 2024.

Responses should be limited to no more than 5 pages and should be tailored to the Statement of Work which is included below in this published Source Sought Notice.

Please reference “TAR/TAM Acquisition Policy Support” in the subject line when submitting your response.

DOT looks forward to receiving your submission in response to this notice.

mailto:James.Mowery@dot.gov mailto:LaWanda.Morton-Chunn@dot.gov mailto:Gregory.Cate@dot.gov

OFFICE OF THE SENIOR PROCUREMENT EXECUTIVE

TRANSPORTATION ACQUISITION POLICY SUPPORT

TRANSPORTATION ACQUISITION REGULATION (TAR)/TRANSPORTATION ACQUISITION MANUAL (TAM)

Office of the Senior Procurement Executive Statement of Work

Transportation Acquisition Rulemaking, Regulatory, and Policy Support

TASK 1: POLICY DEVELOPMENT SUPPORT

The Contractor, on a request (ad-hoc) basis, shall be responsible for assisting the Office of the Senior Procurement Executive (OSPE) in acquisition rulemaking, regulatory, and policy development. The nature of the policy will be driven by changes in the acquisition process;

statutes, public law and guidance documents; Executive Orders (E.O.s); Office of Management and Budget (OMB) or Office of Federal Procurement Policy (OFPP) memorandums, letters, circulars, and other directives; or because of changes to the Department of Transportation (DOT) internal operational processes, organization, mission requirements, or departmental policy issuances; as well as emerging issues.

The Contractor shall also complete other miscellaneous administrative duties related to procurement policy support as required by the OSPE.

TASK 1: DELIVERABLES

• Policy Drafts & Recommendations Due: Within 15 business days of task request

• Submission of draft policies, procedures, and guidance documents aligned with changes in acquisition processes, statutes, E.O.s, OMB/OFPP memoranda, or DOT internal directives.

• Recommended revisions or new policies based on legal changes or organizational shifts within the DOT.

• Redline edits and annotated comments on existing policies in alignment with evolving federal requirements.

• Executive Summaries & Briefing Documents Due: Within 10 business days of task request

• Executive summaries highlighting key policy changes, impacts, and recommended actions.

• Brief, high-level executive summaries highlighting key policy changes, impacts, and succinct recommendations for leadership decision-making.

• Concise briefing materials tailored for senior leadership, presenting policy implications and clear decision points.

• Policy Compliance Analysis Reports Due: Within 20 business days of task request

• Comprehensive reports analyzing the alignment of DOT policies with federal statutes, E.O.s, and OMB/OFPP guidance.

• Risk assessments and impact analysis for non-compliance with federal mandates.

• Stakeholder Engagement and Coordination Due: Ongoing, as requested by OSPE

• Participate in internal policy working groups at various levels within DOT to provide input on potential policy changes and their impact on the acquisition workforce.

• Develop and deliver briefings to acquisition workforce on proposed policy changes, including potential impacts, benefits, and implementation timelines.

• Maintain detailed records of stakeholder meetings, including agendas, minutes, action items, and decisions related to policy development.

• Facilitate collaboration among working groups and task forces across DOT operating administrations to ensure policy alignment and consistency.

• Policy Implementation & Training Support Materials Due: Within 25 business days of final policy approval

• Development of implementation plans, including timelines, milestones, and resource requirements.

• Creation of training materials (e.g., presentations, whitepapers, FAQs) to support the rollout and adoption of new or revised policies across the DOT acquisition workforce.

• Development of communication materials (e.g., memos, presentations, FAQs) to explain policy changes.

• Ad Hoc Policy Support Requests Due: As requested by OSPE, within mutually agreed-upon timelines

• Completion of miscellaneous administrative duties, including policy research, drafting memos, responding to inquiries, policy refreshment, policy maintenance and preparing internal guidance documents.

• Monthly Status Reports Due: Monthly, within mutually agreed-upon timelines

• Detailed monthly reports outlining activities completed, deliverables submitted, upcoming milestones, and any potential risks or issues related to policy development support.

TASK 2: TRANSPORTATION ACQUISITION REGULATION (TAR) REGULATORY SUPPORT

The Contractor shall provide support in accordance with similar parameters and compliance with the external and internal guidance and requirements to include, but not be limited to, the types reflected in Task 1 above, to plan, manage, review, analyze, and facilitate DOT’s ability to periodically revise the Transportation Acquisition Regulation (TAR); Establishment and management of a DOT Transportation Acquisition Policy regulatory development process from initiation of a case through publication of a final rule. The Contractor shall support rulemaking activities in collaboration with OSPE and DOT staff and comply with all DOT external and DOT internal regulatory rulemaking requirements, to include the requirements below, along with any required regulatory support documents.

The Contractor shall, when requested on an ad hoc basis shall:

• Perform work related to the review of department level procurement policy actions or provisions to improve department level procurement policy and regulations.

• Conduct research, analysis, technical, and administrative support on any requested (ad hoc) procurement policy assessment or reports from DOT external (e.g., OMB, GAO) or DOT internal (e.g., OIG, OSDBU) reports or studies. Prepares findings and makes recommendations for policy improvements. Findings and recommendations shall be submitted to an OSPE representative for final review, coordination, approval, and implementation.

• Conduct research, analysis, technical, and administrative support on ongoing policy standardization efforts. Support and assist OSPE Procurement Analysts in identifying areas of policy improvement and opportunities to improve procurement processes and programs.

• Recommendations for policy improvement shall take into consideration the following criteria:

• Innovation – work to streamline and improve the procurement policy process.

• Effective management – recommendations for management to effectively manage within the procurement policy, regulations and rules governing Federal procurement.

• Repeatable processes – provide support to streamline the procurement policy process. Where appropriate, provide samples and/or templates for use. Propose or update previous draft DOT Acquisition Policy Development Process(es).

• Perform research, provide analysis, draft, and recommend procurement policy and regulation documents to be incorporated in the Transportation Acquisition Regulation (TAR) through rulemaking, and, when requested (ad hoc) for DOT’s internal Transportation Acquisition Manual (TAM). The recommendations shall be submitted to an OSPE representative for final review, coordination, approval, and implementation.

• Provide assistance in the development of regulation writing, policy development and report writing.

• Assist in the research and development of acquisition regulations and guidance documents (e.g., proposed rules, final rules, agency guidance documents, internal agency orders, agency rulemaking manuals, rulemaking project reports and other documents related to agency procurement policy). Work with the assigned OSPE Procurement Analyst to identify areas where procurement policy improvements and standardization efforts would improve the overall quality and effectiveness of policy documents.

• Assist in the review of enacted legislation, changes in DOT policy, etc. to assess needs for regulation updates and procedural guidance. Provides assessments to the OSPE Procurement Analyst. Assessments shall be provided in various forms such as briefing papers, power point slides, reports, memoranda and working drafts as recommended by the Contractor and agreed to by OSPE.

• Participate in the preparation and presentation of briefings regarding policy, including preparing briefing slides and presenting, when requested, to the DOT TAR Council or the Acquisition Policy Working Group (APWG).

• Support the OSPE Senior Procurement Analysts Project Lead(s), as assigned, for the TAR and TAM project by providing advice and assistance in coordinating rulemaking documents within the agency and through OMB and the Office of the Federal Register.

This includes investigation, research, benchmarking, and assessment of policy issues related to rulemaking. Work with the OSPE Senior Procurement Analyst Case Manager to identify areas of policy which may require revision or rescission in connection with the legislative requirement.

• Assist in the review and tracking of current procurement best practices and makes recommendations for improvement in current procurement policies, programs, and procedures. Coordinate efforts with OSPE Senior Procurement Analyst Case Manager(s) and OSPE leadership.

• Assist in identifying and providing recommendations for improvements related to systematic policy oversight and compliance issues/concerns.

• Provide technical and administrative support to various DOT OSPE Integrated Project Teams (IPTs) or work groups on procurement policy matters. Participates in an advisory capacity on procurement policy related matters and provides recommendations as necessary.

• Assist in researching, interpreting, and applying procurement policy statutes in the development of current procurement policy. Review Executive Orders, Statutes, Directives, OMB Memorandums, OFPP policy and other federal agency regulations for consideration and/or benchmarking, to assist in the development of DOT procurement policy and guidance.

• Assist in identifying procurement policy best practices for consideration in developing and enhancing DOT procurement policy.

• Assist during TAR/TAM policy drafting, utilizing a proposed or revised DOT Acquisition Policy Development Process.

• Assist in drafting Class Deviations, Policy Memorandums, or updates to TAM parts, or review and edit of existing TAM or internal related handbooks or guides.

• Ensure that development of draft working products for final Government editing, review, and approval demonstrates a mature application of DOT’s policy development processes.

• Prepare reports and ensure that products represent a synergistic integration of policy, regulation, instruction, and guidance.

• Identify gaps, redundancies, and inconsistent treatment of subject matter across the full complement of policy products to ensure that documentation and work products are complete and robust prior to submission to the government.

• Draft OSPE rulemaking documents to process a TAR rulemaking case to include:

TAR/TAM Rule Case Package

The following are deliverable documents/products which constitute a rulemaking or publication case management package; not all cases will require all documents/products.

1. Executive Summary/OSPE Memorandum

2. Case Report (similar to a Team Report in a FAR case)

3. Revised TAR Part content

4. Drafted TAM Part content (when required as a companion part or revision to an existing TAM part as a part of the task)

5. Draft Proposed, Interim, or Final Rule - Federal Register Notice to include preamble and amendatory language.

6. TAR Rule Text prepared in Bold and Bracketed (B&B)/Line In – Line Out (LILO)

7. Regulatory Impact Analysis

8. Paperwork Reduction Act (PRA) analysis and supporting documentation including the Information Collection Request and Supporting Statement

9. Comment Disposition Matrix (when required as a part of adjudicating public comments).

10. Draft TAR Rulemaking Forms for Proposed, Interim, or Final Rule

▪ PREGA …… Planned Regulatory Action or Similar

▪ RISC …… Regulatory Information Service Center Form/Regulatory

Information Data Form

11. Early OMB Significance Determination Memorandum or similar

12. Prepare Responses to Public Comments

13. Draft DOT Rulemaking Forms for Final Rule

• Help reconcile any OMB, OIRA, or Federal Register editor comments on the any proposed rules to get it ready for publication in the Federal Register.

• In concert with OSPE staff and when requested, monitor the Federal Register and regulations.gov for FAR case actions, to identify potential impacts to the TAR or TAM.

Monitor other output of the CAAC such as CAAC letters, when requested. Review FAR cases as requested.

• Prepare documents for submittal into the DOT rulemaking process working with OSPE Procurement Analyst and the assigned legal counsel from the Office of the General Counsel (OGC) and regulatory points of contact.

• When a proposed, interim, or final rule is published, monitor the Federal Register for public comments, review, and research comments to help OSPE adjudicate and reconcile comments, and prepare responses. The Contractor shall also complete miscellaneous administrative duties related to procurement policy as required by the OSPE in concert with these requirements.

• Prepare the Final Rule and Federal Register Notice for publication in the

Federal Register.

• Assist OSPE in preparing the final web publication documents for any Final Rule publication updates. This may include the DOT TAR Transportation Acquisition Circular and summary for publication to DOT’s intranet or internet, as applicable.

• Develop Executive level briefing material for DOT Acquisition Policy and Rulemaking Stakeholders.

• Other duties associated with Acquisition policy and regulation updates. (i.e., policy impact reviews for Federal Acquisition Circulars and published FAR Interim and Final Rules.)