Travel_Forecasting_Oversight_CIG_SOW Draft_docx.docx

Statement of Work (SOW) Travel Forecasting Oversight Support

1.0 BACKGROUND AND OBJECTIVE

The requirement will provide contractor assistance with the oversight of ridership forecast prepared for projects seeking funding through Federal Transit Administration’s (FTA) Capital Investment Grant (CIG) program. FTA is required to evaluate and rate the merits of proposed CIG projects. Part of this requirement is to evaluate the reliability of the predictions made by project sponsors, among other outcomes, the anticipated project ridership and related impacts. The CIG ratings process uses projections made from travel forecasts to evaluate the four of the six project justification measures including; mobility benefits, cost-effectiveness, congestion relief and environmental benefits. Federal public transportation law (49 U.S.C. § 5309) authorizes the Capital Investment Grants (CIG) program and the specific statutory requirements for ridership forecasts and project evaluation can be found in:

· Section 5309 (d)(3)(B) requires FTA to:

Evaluate, analyze, and consider the reliability of the forecasting methods used to estimate costs and utilization (e.g. ridership) made by the recipient.

· Section 5309 (d)(3)(D) Requires FTA to:

Evaluate, analyze, and consider project justification factors such as congestion relief, improved mobility, air pollution, noise pollution, energy consumption and all costs necessary to carry out the alternative.

FTA staff has traditionally provided oversight of ridership forecasts in-house. Two concurrent realities have led FTA to seek contractor support for travel forecasting oversight. First, the CIG program has experienced significant growth over the past several years, with 65 projects currently in the program. Second, FTA’s Office of Planning and Environment has two nationally recognized experts in performing travel forecasting reviews, one of whom will retire later this year. Together these two events require FTA to augment existing travel forecasting oversight with contractor support.

A significant component of FTA’s oversight of travel forecasts is FTA’s Simplified Trips on Project Software (STOPS). FTA funded the development of STOPS in 2011 to provide project sponsors with a simplified method to produce plausible and reliable ridership forecasts for proposed major capital projects. Since its release in September 2013, STOPS has been used to evaluate hundreds of potential major capital transit projects in more than 80 metropolitan areas. For the FY’21 CIG ratings and evaluation period, approximately 80 percent of CIG project applications requiring travel forecasts used STOPS to develop project justification criteria for the CIG program. For CIG projects who submit using locally developed ridership forecasts, FTA staff uses STOPS to develop an independent forecast to assess the plausibility of locally developed forecast. This means that STOPS is used for all CIG projects which require travel forecasts for project justification criteria.

Metropolitan Planning Organizations (MPOs) and FTA grantees (transit agencies) are also using STOPS for purposes beyond CIG ridership forecasts. These uses include evaluation of alternative service plans, system redesigns, augmentation of MPO models and alternatives analyses. FTA does not have in-house expertise to maintain the STOPS program and requires specialized contractor assistance to maintain its currency and functionality.

2. STATEMENT OF WORK

This requirement will provide technical assistance to FTA in the review of travel forecasts for projects seeking CIG funding. This technical assistance will support FTA in four ways. First, FTA staff seeks contractor expertise to review, run, analyze and comment on travel forecasts submitted to FTA in support of CIG applications. Second, the contractor will provide specialized technical assistance to FTA reviewers for unusually complex proposed projects. Third, the contactor will prepare STOPS-based forecasts for projects where the sponsor prepared forecasts using local methods. Fourth, the contractor will maintain the STOPS software package to keep it functional as computing resources evolve, and CIG projects open to service and provide fresh ridership data and insights.

CONTRACT LINE ITEM NUMBER (CLIN) 0001 - REVIEW AND COMMENT ON SUBMITTED CIG PROJECT RIDERSHIP FORECASTS

In close coordination with FTA staff, the contractor, on an as-requested basis, will perform travel forecasting reviews to support CIG project evaluation. The purpose of this task is for the contractor to review, comment and assess the plausibility of travel forecasts submitted for CIG project evaluation. This CLIN will entail the following work tasks:

· Review project sponsor submitted travel forecasting methodology. This will include the review of all data and data-preparation steps used in the forecasting methodology, the plausibility of model inputs, appropriateness of the model structure and plausibility of model parameters.

· Review of all relevant model outputs. This review will include an assessment of the appropriateness of the model’s calibration to current-year, local conditions and the plausibility of resulting forecasts with the CIG project.

· Review the project sponsor’s submitted Travel Forecasting Results Report to ensure the sponsor’s supporting technical documentation is complete, accurate and consistent with the submitted ridership forecasts. A focus of this task will be to ensure that FTA’s required submission of district-to-district tables is complete and accurate.

· Report to the FTA project manager in a timely manner, when technical concerns are identified that require the project sponsor to revise or updated their submitted ridership forecasts. FTA staff will be responsible for communicating issues requiring an update to submitted travel forecasts to project sponsors.

· Prepare a technical memorandum for FTA to document the findings from contractor’s review on all topics identified in the bullets above.

The product of this CLIN will be a technical memorandum providing formal review of the project sponsor’s ridership forecast.

CLIN 0002– PROVIDE SPECIALIZED TECHNICAL ASSISTANCE TO FTA REVIEWERS FOR COMPLEX PROJECTS

In close coordination with FTA staff, the contractor, on an as-requested basis, will provide specialized technical assistance to FTA reviewers for complex projects. The CIG program has historically received project proposals which were designed to serve corridors with a traditional mix of trip purposes. These include home-to-work commuting and traditional non-work trip purposes. Increasingly, the CIG program is receiving project applications for projects serving non-traditional markets. These include the following:

· Non-resident tourist markets;

· Fringe/offsite parking;

· Major national/international medical centers (e.g. Mayo Clinic in Rochester, MN);

· Universities and colleges;

· International border crossings

· Fare-free, urban circulators (walk substitution trips); and

· Airports

FTA has relatively limited experience with projects designed to serve these non-traditional markets. FTA has also encountered projects which required an adjustment to the STOPS program to appropriately address a unique or unusual project element or market. FTA envisions the contractor providing the following support in these situations:

· Review, comment and/or deliberate on the overall forecasting framework for projects with non-traditional travel markets and complex projects.

· Review, comment and/or deliberate the data available for the non-traditional markets and in collaboration with FTA identify data-collection plans for project sponsors to quantify non-traditional markets and complex projects.

· Identifying risks to achieving the forecasted utilization from these non-traditional/complex markets. This item requires two areas of exploration 1) identifying the policy risks to the submitted CIG forecasts and 2) identifying the level of certainty of the non-traditional market to materialize with the CIG project investment.

· Implement modifications to the STOPS program to address specific technical issues with a CIG ridership forecast.

The product of this CLIN is for the contractor to supply FTA technical reviewers with technical assistance with the review of complex projects.

CLIN 0003 – PREPARE STOPS-BASED FORECASTS FOR CIG PROJECTS WHERE SPONSOR PREPARED FORECAST USING LOCAL METHODS

On an as-requested basis, the contractor will prepare a STOPS-based forecast for CIG projects where sponsor prepared the ridership forecast using local methods. The purpose of this task is to use STOPS as a “second-look” forecast to establish plausibility of the ridership forecast prepared using local methods. This CLIN includes the contractor performing the following work tasks:

· Coordination with the project sponsor to obtain the current transit system operations and current ridership data (counts and rider survey data, if available).

· Coordination with the project sponsors local MPO to obtain relevant highway skims, socio-economic files and Traffic Analysis Zone (TAZ) layer.

· Calibration of the STOPS application to current, observed ridership on the project sponsor’s system.

· Coding the project sponsors build alternative into STOPS and other relevant supporting service changes.

· Executing the STOPS model and examining the STOPS outputs for plausibility.

· Preparing a technical memorandum describing the similarities and differences between the project’s forecast submitted with local methods and the STOPS based forecasts. Here any significant differences will be noted and reported to FTA.

· Transmittal of the STOPS-based forecast to FTA.

The product for this CLIN will be STOPS-based forecasts for CIG projects where a project sponsors prepared their forecast using local methods.

CLIN 0004 – MAINTENANCE AND SUPPORT OF STOPS PLATFORM

Coordinating with FTA staff, the contractor, on an as-requested basis, will provide services to maintain and support the STOPS forecasting platform. The purpose of this task is to provide technical support to the STOPS program to ensure it remains functional as computing resources evolve (operating systems, hardware, GIS interfaces). This task also includes resources to ensure that the STOPS program is current and available to project sponsors applying for the CIG program. This CLIN provides resources to ensure the following:

· STOPS Compatibility with the recently-released American Community Survey (2012-2016)

· Maintenance of the STOPS national calibration, incorporating new Before-and-After Study findings into the STOPS program

· Maintenance of the STOPS program user guide, to ensure documentation is consistent with the current version of the program.

· Maintenance and updates of training materials to support the National Transit Institute Course Ridership Forecasting with STOPS for Transit Project Planning

The product from this CLIN is a current, ready-to-run STOPS program with current documentation and training materials for CIG project sponsors.

CLIN 0005 – TRAVEL

Only local travels might be allowed. Contractor can reimburse local driving, parking, tolls and other similar charges. No long-distance travel and hotel accommodations are allowed for this contract.

3.0 DELIVERABLES AND SCHEDULES

The Contractor shall provide the following deliverables:

4.0 PERIOD OF PERFORMANCE

The period of performance under this requirement shall be for five years from the date of award. However, the period of performance for the base period shall be twelve (12) months from the effective date of the resulting requirement.

5.0 PLACE OF PERFORMANCE

The contractor will perform this work at the contractor’s site with the exceptions of occasional meetings at FTA.

6.0 GOVERNMENT FURNISHED PROPERTY OR INFORMATION

No government property to be provided. No classified information will be provided however, Security Sensitive Information (SSI) information may be provided with an expectation for it to be safeguarded and handled in accordance with Federal Transit Administration Sensitive Security Information (SSI): Designation, Markings, and Control guidance and as stipulated within 49 Code of Federal Regulations (CFR) Parts 15 and 1520.

7.0 TRAVEL

Only local travel might be required. No long-distance travel and hotel accommodations are required for this requirement.

8.0 PERSONNEL REQUIREMENTS

1. Principal*: Nationally recognized expert in travel demand forecasting, transportation planning, model development and research activities. Demonstrated ability to write custom computer programs in FORTRAN to perform travel forecasting tasks and expert-level experience to apply the STOPS forecasting program to evaluate ridership potential for FTA Capital Investment Grant (CIG) projects. Demonstrated ability to successfully manage resources allocation, budget development, task deliverable, quality control, and task performance requirements.

Job Qualification: Bachelor’s degree in planning, engineering or related field with minimum of twenty (20) years of experience, or Master’s Degree with minimum sixteen (16) years of experience in the planning and development of transit capital projects. Demonstrate significant experience with the key characteristics of transit projects and their development, including physical scope of the project, transit service plans and estimating ridership impacts. Demonstrate analytical capabilities and excellent writing skills to document technical processes and analyses. Responsible for interaction with transit agencies/metropolitan planning organizations on technical issues, providing analytical report and assistance to senior government officials on related issues.

1. Analyst: Provides transportation data analysis, travel forecasting analysis using STOPS and transportation planning. Experience in Capital Investment Project (CIG) ridership forecasting.

Job Qualification: Bachelor’s degree in planning, engineering or related field with minimum of four years of experience or master’s degree in similar field with two years of experience.

NOTE: The offeror may provide labor categories with similar responsibilities and education requirements. Please provide brief explanation concerning how the proposed labor categories match those indicated by the Government concerning this RFQ.

NOTE: The Key Personnel position is notated with an “*” above in this document.

In the event the Contractor finds it necessary to replace any of the assigned key personnel during the performance of the requirement, the Contracting Officer must be notified in advance.

ACCEPTANCE OF KEY AND NON-KEY PERSONNEL SUBSTITUTIONS/REPLACEMENTS

In evaluating the justification and proposed substitution(s) of key and non-key personnel throughout the period of performance of this requirement, the Contracting Officer reserves the right to make an assessment on the technical and/or professional qualifications of the proposed substituting individual(s). The Contracting Officer along with consultation with the Contracting Officer’s Representative (COR) further reserves the right to disallow the utilization of the proposed substituting individual(s) for performance on the subject requirement, when the technical and/or professional qualifications of the proposed individuals are determined, by the Contracting Officer, (1) not to be substantially equivalent to the technical and/or professional qualifications of the key personnel they are to substitute, or (2) not sufficient to reasonably insure successful performance or otherwise endanger project performance, progression, or completion.

*NOTE: Thus, for this requirement, the only personnel considered key is the “Principal” labor category. The non-key personnel positions are listed above without the asterisk. If any personnel need to be substituted or replaced, the contractor must provide written notice to the Government within 30 days of the proposed action taking place, if time permits due to the situation at hand. Substitutions and replacements are looked at closely and monitored in terms of frequency, justification provided etc.

9.0 CLAUSES

9.1 FAR Clauses

52.219-14 Limitations on Subcontracting (JAN 2017)

(a) This clause does not apply to the unrestricted portion of a partial set-aside.

(b) Applicability. This clause applies only to—

(1) Contracts that have been set aside or reserved for small business concerns or 8(a) participants;

(2) Part or parts of a multiple-award contract that have been set aside for small business concerns or 8(a) participants; and

(3) Orders set aside for small business or 8(a) participants under multiple-award contracts as described in 8.405-5 and 16.505(b)(2)(i)(F).

(c) By submission of an offer and execution of a contract, the Offeror/Contractor agrees that in performance of the contract in the case of a contract for—

(1) Services (except construction). At least 50 percent of the cost of contract performance incurred for personnel must be expended for employees of the concern.

(2) Supplies (other than procurement from a non-manufacturer of such supplies). The concern must perform work for at least 50 percent of the cost of manufacturing the supplies, not including the cost of materials.

(3) General construction. The concern will perform at least 15 percent of the cost of the contract, not including the cost of materials, with its own employees.

(4) Construction by special trade contractors. The concern will perform at least 25 percent of the cost of the contract, not including the cost of materials, with its own employees.

(End of clause)

52.246-6 Inspection of Services - Time-and-Material and Labor-Hour (MAY 2001)

(a) Definitions. As used in this clause-- “Contractor’s managerial personnel” means any of the Contractor’s directors, officers, managers, superintendents, or equivalent representatives who have supervision or direction of --

(1) All or substantially all of the Contractor’s business;

(2) All or substantially all of the Contractor’s operation at any one plant or separate location where the contract is being performed; or

(3) A separate and complete major industrial operation connected with the performance of this contract.

“Materials” includes data when the contract does not include the Warranty of Data clause.

(b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering the material, fabricating methods, work, and services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Government during contract performance and for as long afterwards as the contract requires.

(c) The Government has the right to inspect and test all materials furnished and services performed under this contract, to the extent practicable at all places and times, including the period of performance, and in any event before acceptance. The Government may also inspect the plant or plants of the Contractor or any subcontractor engaged in contract performance. The Government shall perform inspections and tests in a manner that will not unduly delay the work.

(d) If the Government performs inspection or test on the premises of the Contractor or a subcontractor, the Contractor shall furnish and shall require subcontractors to furnish all reasonable facilities and assistance for the safe and convenient performance of these duties.

(e) Unless otherwise specified in the contract, the Government shall accept or reject services and materials at the place of delivery as promptly as practicable after delivery, and they shall be presumed accepted 60 days after the date of delivery, unless accepted earlier.

(f) At any time during contract performance, but not later than 6 months (or such other time as may be specified in the contract) after acceptance of the services or materials last delivered under this contract, the Government may require the Contractor to replace or correct services or materials that at time of delivery failed to meet contract requirements. Except as otherwise specified in paragraph (h) of this clause, the cost of replacement or correction shall be determined under the Payments Under Time-and-Materials and Labor-Hour Contracts clause, but the “hourly rate” for labor hours incurred in the replacement or correction shall be reduced to exclude that portion of the rate attributable to profit. The Contractor shall not tender for acceptance materials and services required to be replaced or corrected without disclosing the former requirement for replacement or correction, and, when required, shall disclose the corrective action taken.

(g)

(1) If the Contractor fails to proceed with reasonable promptness to perform required replacement or correction, and if the replacement or correction can be performed within the ceiling price (or the ceiling price as increased by the Government), the Government may --

(i) By contract or otherwise, perform the replacement or correction, charge to the Contractor any increased cost, or deduct such increased cost from any amounts paid or due under this contract; or

(ii) Terminate this contract for default.

(2) Failure to agree to the amount of increased cost to be charged to the Contractor shall be a dispute.

(h) Notwithstanding paragraphs (f) and (g) above, the Government may at any time require the Contractor to remedy by correction or replacement, without cost to the Government, any failure by the Contractor to comply with the requirements of this contract, if the failure is due to --

(1) Fraud, lack of good faith, or willful misconduct on the part of the Contractor’s managerial personnel; or

(2) The conduct of one or more of the Contractor’s employees selected or retained by the Contractor after any of the Contractor’s managerial personnel has reasonable grounds to believe that the employee is habitually careless or unqualified.

(i) This clause applies in the same manner and to the same extent to corrected or replacement materials or services as to materials and services originally delivered under this contract.

(j) The Contractor has no obligation or liability under this contract to correct or replace materials and services that at time of delivery do not meet contract requirements, except as provided in this clause or as may be otherwise specified in the contract.

(k) Unless otherwise specified in the contract, the Contractor’s obligation to correct or replace Government-furnished property shall be governed by the clause pertaining to Government property.

(End of Clause)

9.2 Agency-specific clauses

Transportation Acquisition Regulations (TAR) (48 CFR chapter 12) clauses by REFERENCE and CLAUSES IN FULL TEXT

1252.237-70 Qualifications of contractor employees (APR 2005) 1252.237-72 Prohibition on advertising (JAN 1996) 1252.242-72 Dissemination of contract information (OCT 1994) 1252.245-70 Government property reports (OCT 1994) 1252.217-74 Subcontracts (OCT 1994)

(a) Nothing contained in the contract shall be construed as creating any contractual relationship between any subcontractor and the Government. The divisions or sections of the specifications are not intended to control the Contractor in dividing the work among subcontractors or to limit the work performed by any trade.

(b) The Contractor shall be responsible to the Government for acts and omissions of its own employees, and of subcontractors and their employees. The Contractor shall also be responsible for the coordination of the work of the trades, subcontractors, and material men.

(c) The Contractor shall, without additional expense to the Government, employ specialty subcontractors where required by the specifications.

(d) The Government or its representatives will not undertake to settle any differences between the Contractor and its subcontractors, or between subcontractors.

(End of clause)

1252.223-73 Seat belt use policies and programs (APR 2005)

In accordance with Executive Order 13043, Increasing Seat Belt Use in the United States, dated April 16, 1997, the contractor is encouraged to adopt and enforce on-the-job seat belt use policies and programs for its employees when operating company-owned, rented, or personally owned vehicles. The National Highway Traffic Safety Administration (NHTSA) is responsible for providing leadership and guidance in support of this Presidential initiative. For information on how to implement such a program or for statistics on the potential benefits and cost-savings to your company or organization, please visit the Buckle Up America section of NHTSAs website at www.nhtsa.dot.gov. Additional resources are available from the Network of Employers for Traffic Safety (NETS), a public-private partnership headquartered in the Washington, D.C. metropolitan area, and dedicated to improving the traffic safety practices of employers and employees. NETS is prepared to help with technical assistance, a simple, user friendly program kit, and an award for achieving the Presidents goal of 90 percent seat belt use. NETS can be contacted at 1-888-221-0045 or visit its website at www.trafficsafety.org.

(End of clause)

1252.237-73 Key Personnel (APR 2005)

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

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

The Key Personnel under this requirement is the Principal.

**Note: In the event that the Contractor finds it necessary to replace any of the assigned key personnel during the performance of the requirements, the CO must be provided advance written notification no less than 30 days prior.

(End of clause)

1252.242-72 Dissemination of contract information (OCT 1994)

The Contractor shall not publish, permit to be published, or distribute for public consumption, any information, oral or written, concerning the results or conclusions made pursuant to the performance of this contract, without the prior written consent of the Contracting Officer. Two copies of any material proposed to be published or distributed shall be submitted to the Contracting Officer.

(End of clause)

1252.242-73 Contracting Officer's Technical Representative (OCT 1994)

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

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

(End of clause)

10.0 OTHER TERMS AND CONDITIONS

10.1 EXECUTIVE ORDER 13514, FEDERAL LEADERSHIP IN ENVIRONMENTAL, ENERGY AND ECONOMIC PERFORMANCE

The Department of Transportation (DOT) developed a Strategic Sustainability Performance Plan (SSPP) (June 2012) in accordance with directions contained the above titled Executive Order. The plan is designed to enhance and sustain the DOT mission through cost effective acquisitions that achieve compliance, reduces resource consumption and solid and hazardous waste generation. Green procurement is the purchase of environmentally preferable products and services in accordance with the established Federal "Green" procurement preference program. The SSPP applies to all acquisitions and contracting mechanisms used by Federal agencies including service contracts, leases, purchases made with government purchase and fleet cards and purchases below the micro-purchase threshold. Therefore, all FTA contractors are encouraged to supply or use products and services that are energy efficient, contain recycled content, or are non-toxic or less toxic alternatives."

10.2 DEPARTMENT OF TRANSPORTATION ORDER: CONTRACTOR POLICY TO BAN TEXT MESSAGING WHILE DRIVING (DEC 2009)

a) Definitions. The following definitions are intended to be consistent with the definitions in DOT Order 3902.10 and the E.O. For clarification purposes, they may expand upon the definitions in the E.O.

"Driving"-

(1) Means operating a motor vehicle on a roadway, including while temporarily stationary because of traffic, a traffic light, stop sign, or otherwise.

(2) It does not include being in your vehicle (with or without the motor running) in a location off the roadway where it is safe and legal to remain stationary.

"Text messaging" means reading from or entering data into any handheld or other electronic device, including for the purpose of short message service texting, e-mailing, instant messaging, obtaining navigational information, or engaging in any other form of electronic data retrieval or electronic data communication. (See definition in DOT Order 3902.10)

(b) In accordance with Executive Order 13513, Federal Leadership on Reducing Text Messaging While Driving, October 1, 2009, and DOT Order 3902.10, Text Messaging While Driving, December 30, 2009, contractors and subcontractors are encouraged to:

(1) Adopt and enforce workplace safety policies to decrease crashes caused by distracted drivers including policies to ban text messaging while driving--

(i) Company-owned or -rented vehicles or Government-owned, leased or rented vehicles; or

(ii) Privately-owned vehicles when on official Government business or when performing any work for or on behalf of the Government.

(2) Conduct workplace safety initiatives in a manner commensurate with the size of the business, such as-

(i) Establishment of new rules and programs or re-evaluation of existing programs to prohibit text messaging while driving; and

(ii) Education, awareness, and other outreach to employees about the safety risks associated with texting while driving.

(c) Subcontracts. The Contractor must insert the substance of this clause, including this paragraph (c), in all subcontracts that exceed the micro-purchase threshold, other than subcontracts for the acquisition of commercially available off-the-shelf items.

11.0 CONFLICT OF INTEREST

11.1 ORGANIZATIONAL CONFLICT OF INTEREST

The contractor’s attention is directed to FAR Sub Contractor 9.5, Organizational Conflicts of Interest.

Any potential conflict of interest issues will be considered prior to award of the work to be performed.

11.2 NOTIFICATION OF ORGANIZATIONS CONFLICTS OF INTEREST

It is the Department of Transportation's (DOT) policy to award contracts to only those offerors whose objectivity is not impaired because of any related past, present, or planned interest, financial or otherwise, in organizations regulated by DOT or in organizations whose interests may be substantially affected by Departmental activities, based on this policy:

An organizational conflict of interest means that because of other activities or relationships with other persons or entities, a Contractor is unable, or potentially unable to render impartial assistance or advice to the Government, or the Contractor's objectivity in performing the contract work is, or might be otherwise impaired, or the Contractor has an unfair competitive advantage. Organizational Conflict of interest includes situations where the capacity of a Contractor (including the Contractor's executives, directors, consultants, subsidiaries, parent companies or subcontractors) to give impartial, technically sound advice or objective assistance is or may be impaired or may otherwise result in a biased work product because of any past, present or planned interest, financial or otherwise, in organizations regulated by or assisted by DOT or in organizations whose interest may be substantially affected by Departmental activities.

b. The Contractor is responsible for maintaining and providing up-to-date conflict of interest information to the Contracting Officer. If, after award of this contract or task order, the Contractor discovers a conflict of interest with respect to this contract or task order which could not reasonably have been known prior to award, or if any additional conflicts or potential conflicts arise after award, the Contractor shall give written notice to the Contracting Officer as set forth below.

c. The Contractor's notice called for in paragraph (b) above shall describe the actual, apparent, or potential conflict of interest, the action(s) the Contractor has taken or proposes to take to avoid or mitigate any conflict, and shall set forth any other information which the Contractor believes would be helpful to the Contracting Officer in analyzing the situation.

d. The Contractor has the responsibility of formulating and forwarding a proposed mitigation plan to the Contracting Officer, for review and consideration. This responsibility arises when the Contractor first learns of an actual, apparent, or potential conflict of interest. Corporate counsel review of the proposed mitigation plan is necessary to ensure a timely review and final determination by the contracting officer.

e. If the Contracting Officer in his/her discretion determines that the Contractor's actual, apparent, or potential conflict of interest remains, or the measures proposed are insufficient to avoid or mitigate the conflict, the Contracting Officer will direct a course of action to the Contractor designed to avoid, neutralize, or mitigate the conflict of interest. If the parties fail to reach agreement on a course of action, or if having reached such agreement the Contractor fails to strictly adhere to such agreement during the remaining period of contract performance, the Contracting Officer has the discretion to terminate the contract for default. No determination or decision by the Contracting Officer under this clause shall be reviewable under FAR Clause 52.233-1, "Disputes Clause (MAY 2014)," which is also incorporated by reference herein.

f. The Contractor's misrepresentation of facts in connection with a conflict of interest reported or a Contractor’s failure to disclose a conflict of interest as required shall be a basis for default termination of this requirement.

g. The Contractor shall inform the Contracting Officer within thirty (30) calendar days of the effective date of any corporate mergers, acquisitions, and/or divestures that may affect this provision.

h. The Contractor is prohibited from submitting qualifications, bids, proposals, offers, solicitations, or similar documents to the Grantee it is reviewing/providing technical assistance during the contract and task order performance periods.

i. Management of conflicts of interest by the Contractor will be a part of performance evaluations.

11.3 NOTIFICATION OF CONFLICT OF INTEREST REGARDING CONTRACTOR'S PERSONNEL

a. In addition to the requirements of contract clause above entitled "Organizational Conflicts of Interest," the following provisions with regard to employee personnel performing under this contract shall apply until the earlier of the following two dates: the termination date of the affected employee(s) or the expiration date of the contract.

b. The Contractor agrees to notify immediately the COR and the Contracting Officer of (1) any actual or potential personal conflict of interest with regard to any of its employees working on or having access to information regarding this contract, or (2) any such conflicts concerning subcontractor employees or consultants working on or having access to information regarding this contract, when such conflicts have been reported to the Contractor. A personal conflict of interest is defined as a relationship of an employee, subcontractor employee, or consultant with an entity that may impair the objectivity of the employee, subcontractor employee, or consultant in performing the contract work.

c. The Contractor agrees to notify the COR and Contracting Officer prior to incurring costs for that employee's work when an employee may have a personal conflict of interest. In the event that the personal conflict of interest does not become known until after performance on the contract begins, the Contractor shall immediately notify the Contracting Officer of the personal conflict of interest. The Contractor shall continue performance of this contract until notified by the Contracting Officer of the appropriate action to be taken.

d. The Contractor agrees to insert in any subcontract or consultant agreement placed hereunder provisions which shall conform substantially to the language of this clause, including this paragraph (d), unless otherwise authorized by the Contracting Officer.

12.0 NON-DISCLOSURE/NON-USE AGREEMENT

The contractor shall ensure that a Non-Disclosure Statement is signed by all staff assigned to or performing on this Contract before performing any work, including all subcontractors and consultants. The contractor shall also ensure that all staff understand and adhere to the terms of the non-disclosure statement, protecting the procurement sensitive information of the Government and the proprietary information of other contractors.

13.0 CONTRACTOR EMPLOYEES

The contractor shall ensure that contractor personnel identify themselves as contractors when attending meetings, answering Government telephones, providing any type of written correspondence, or working in situations where their actions could be construed as official Government acts.

14.0 CONTRACTING OFFICER’S TECHNICAL REPRESENTATIVE (COR)

The COR is designated by the Contracting Officer to perform technical liaison between the contractor’s management and the Contracting Officer in routine technical matters constituting general program direction within the scope of the contract/Contract. Under NO circumstances is the COR authorized to effect any changes in the work required under this contract whatsoever or enter into any agreement that has the effect of changing the terms and conditions of this Contract, or that causes the Contractor to incur any costs.

In addition, the COR will NOT supervise, direct, or control contractor employees. Notwithstanding this provision, to the extent that contractor accepts any direction that constitutes a change to this contract without prior written authorization of the Contracting Officer, costs incurred in connection therewith are incurred at the sole risk of the contract, and if involved under this Contract will be disallowed.

On all matters that pertain to the contract terms, the contractor must communicate with the Contracting Officer. Whenever, in the opinion of the contractor, the COR requests efforts beyond the terms of the contract, the contractor shall so advise the Contracting Officer. If the COR persists and there still exists a disagreement as to the proper contractual coverage, the Contracting Officer will be notified immediately, preferably in writing.

15.0 QUALITY ASSURANCE

The Government intends to do quality assurance to monitor the quality of the contractor’s performance. The oversight provided for in the order and by the Government’s monitoring, will help to ensure that service levels reach and maintain the required levels throughout the contract term. Further, the Government’s quality assurance monitoring will provide the COR with a proactive way to avoid unacceptable or deficient performance and provides verifiable input for the required Past Performance Information Assessments. Thus, the contractor must ensure that deliverables meet the Government’s acceptance.

15.1 PERFORMANCE INDICATORS/PERFORMANCE STANDARDS

Performance standards are:

· Level of quality of draft reports as determined by FTA’s report requirements. (three levels, Above average, acceptable, not acceptable)

· Percentage of deliverables provided on time

· Clarity of evaluations and ability to apply a longitudinal approach that is replicable to future workforce grant evaluations as determined by a panel of FTA and industry experts after each evaluation report is submitted

· Industry feedback on their usefulness in identifying best practices in workforce programs.

15.2 Government Facilities

Unless directly related to this requirement, the Contractor and any employees or consultant of the Contractor are prohibited from using U.S. Government facilities (such as office space or equipment) or U.S. Government clerical or technical personnel (personnel not approved and outside of this requirement) in the performance of the services not specified in the requirement.

16.0 Contract Administration & Management

(a) The Contracting Officer is the only individual who can legally commit the Government to the expenditure of public funds. No person other than the Contracting Officer or the Contracting Officer's duly authorized representative can make any changes to the terms, conditions, general provisions, or other stipulations of this contract.

Furthermore, such changes may be made only to the extent that they are within the scope of the contract and are within the written scope of the authority delegated to the individual initiating or approving the change.

(b) The Contracting Officer may designate one or more representatives for the purpose of discharging prescribed duties and authorities in the name of the Contracting Officer during the performance of work. The authorities and duties of the representative(s) are delineated in the clause titled "Contracting Officer's Representative (COR) below.

(c) The Contractor shall not accept any instructions issued by any person other than the Contracting Officer, or the Contracting Officer's representative(s) acting within the limits of his authority. No information, other than that which may be contained in an authorized modification to this contract, duly issued by the Contracting Officer, which may be received from any person employed by the U.S. Government, or otherwise, shall be considered grounds for deviation from any stipulation of this contract or referenced scope/statement of work.

In accordance with the Transportation Acquisition Regulations (TAR) 1252.242-73 (b) Dissemination of Contract Information, the Contracting Officer cannot authorize the COR or any other representative to sign documents (i.e., contracts, contract modifications, appointments, conflict resolutions, etc.) that require the signature of the Contracting Officer.

The Government Contracting Officer and Contract Specialist most likely for the requirement when awarded will be as follows:

Mrs. Stephanie Cooke-Nwadibia, Senior Contracting Officer U.S. Department of Transportation Federal Transit Administration 1200 New Jersey Avenue, SE Room Number: E42-117 Office of Acquisition Management Washington, DC 20590 Phone number: 202-366-7072 Email address: stephanie.cooke-nwadibia@dot.gov

Ms. Alveatta Palmer, Contract Specialist (Contractor) U.S. Department of Transportation Federal Transit Administration 1200 New Jersey Avenue, SE Room Number: E42-209 Office of Acquisition Management Washington, DC 20590 Phone number: 202-493-8028 Email address: alveatta.palmer.ctr@dot.gov

17.0 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS

(a) Definitions. As used in this clause—

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

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

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

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

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

(c) The Department of Transportation utilizes the Delphi eInvoicing web-portal for processing invoices. For vendors submitting invoices, and certain grantees submitting payment requests, they will be required to submit invoices to the Federal Transit Administration (FTA) 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.

(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.

(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

FTA vendors shall submit invoices to FTA electronically via the Delphi eInvoicing web-portal. To initiate this process, you are requested to provide FTA 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.

Email the above information to the following email address: FTAeInvoicing@fta.gov. Please note that the POCs you provide are the individuals you authorize to submit invoices to FTA 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.

18.0 Interim, Post Award Evaluation and Contractor Performance

1. Contractor Performance Evaluations

Interim and final evaluations of contractor performance will be prepared on individual orders over the simplified acquisition threshold, in accordance with FAR 42.15. The final performance evaluations will be prepared as soon as possible after completion of all required work over the simplified acquisition threshold.

Interim and final evaluations will be provided to the contractor for review and comment through the…