REQUEST FOR PROPOSAL (RFP) No. … Government...Page 1 of 86 Page 1 of 86 REQUEST FOR PROPOSAL (RFP)...

RFP Number 693JJ320R000002 of 86

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REQUEST FOR PROPOSAL (RFP) No. 693JJ320R000002

Issuing Office: Federal Highway Administration (FHWA)

Office of Acquisition and Grants Management (HCFA-21) 1200 New Jersey Avenue, SE Washington, DC 20590-0001 Agency Contact: Daniel Confer

Contract Specialist Telephone: (202) 366-0730 [email protected] with a courtesy copy to [email protected] Title: “Non-Personal Administrative Support Services for the

United States Department of Transportation (USDOT)” RFP Release Date: October 28, 2019 Questions Due Date: 11:00am Eastern Time (ET), November 12, 2019 Proposal Due Date: 11:00am ET, November 27, 2019 NOTE: As a result of this RFP, FHWA anticipates awarding

multiple Indefinite-Delivery-Indefinite-Delivery (IDIQ) contracts. This is a competitive 8(a) set-aside solicitation under Federal Acquisition Regulation (FAR) Part 19.8.

1200 New Jersey Avenue, SE Washington, DC 20590

mailto:[email protected]



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PART I 1. GENERAL INFORMATION TO OFFERORS The United States Department of Transportation (USDOT) Federal Highway Administration solicits proposals to provide non-personal administrative and relevant program support services, as described herein under Part III, Statement of Work (SOW). This solicitation is prepared in accordance with FAR Part 12, Acquisition of Commercial Items and in conjunction with the policies and procedures for solicitation, evaluation, and award as prescribed in FAR 15, Contracting by Negotiation. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2019-06 dated September 10, 2019. The North American Industry Classification System (NAICS) code is 561110 with an industry size standard of $8 million. A responsive offeror is one whose proposal conforms to the solicitation and will be most advantageous to the Government. It is the offeror’s responsibility to be familiar with applicable clauses and provisions. FAR Provisions and Clauses may be viewed and/or downloaded from https://www.acquisition.gov/browse/index/far. To be eligible to receive a Government Contract an offeror must be registered and have an active registration in www.SAM.gov at the time of proposal submission. As a result of this RFP, FHWA anticipates awarding a multiple award IDIQ contract. This is a competitive 8(a) set-aside solicitation under FAR Part 19.8. This solicitation is restricted to 8(a) Small Business Concerns. This solicitation is intended to result in a multiple award IDIQ to support any USDOT facility throughout the United States of America (USA) CONUS and OCONUS as requested. The Contractor shall furnish all non-personal administrative and relevant program support services to perform the tasks described under this contract. The Contractor shall furnish all non-personal services in support of the mission of the USDOT. During the term of each IDIQ contract, the Government shall place orders totaling a minimum of $50,000. The maximum amount of all Task Orders (TOs) issued against the contracts awarded as a result of this acquisition shall not exceed a ceiling of $50,000,000. The TOs placed under the contract may be Firm-Fixed-Price (FFP), Labor Hour (LH)/Time & Materials (T&M), or combination of both based on a determination by the Contracting Officer (CO) at the TO level.

https://www.acquisition.gov/browse/index/far


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2. PERIOD OF PERFORMANCE The period of performance for ordering under this contract is five (5) years from the effective date on the contract. TOs may be issued up to the final day within the period of performance provided they can be completed within 12 months past the end of the period of performance. 3. PLACE OF PERFORMANCE The location of work to be performed under this contract shall be specified in each TO. 4. FAR 52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates awarding multiple IDIQ contracts utilizing FFP, T&M/LH, or a combination of both at the TO level as a result of this solicitation.

NOTE: See Part III for TO selection criteria and process.

5. 52.216-27 SINGLE OR MULTIPLE AWARDS (OCT 1995)

The Government may elect to award a single delivery order contract or task order contract or to award multiple delivery order contracts or task order contracts for the same or similar supplies or services to two or more sources under this solicitation.

6. QUESTIONS Questions/Inquiries: All questions concerning this RFP shall be submitted electronically to the Contract Specialist via e-mail at [email protected] and [email protected] no later than the due date specified on page 1 of this RFP. Each prospective offeror should attempt to state each question in such a way that the offeror would have no objection to FHWA publishing that precise question (and its answer) in a formal amendment to the solicitation. Additionally, each prospective offeror should attempt to word each question in such a way that the publication of that question (and its answer) would not divulge any information that the prospective offeror considers to be proprietary or confidential. 7. PROPOSAL REQUIREMENTS

In responding to this RFP, your proposal SHALL include the following mandatory business information regarding your firm:

a. Confirmation that the firm is a Small Business Administration (SBA) 8(a) certified

program participant including entry and exit dates and SBA point of contact (name, telephone, email address).

b. Unique Entity Identifier (Generally the Data Universal Numbering System (DUNS)




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Number) c. Commercial and Government Entity (CAGE) Code d. Federal Tax Identification Number (9-Digits) e. Correct Mailing Address for the Contract (include name, telephone, email address);

Note: Mailing address and entity name shall match the information in SAM.gov f. Verification of registry in System for Award Management (SAM). g. IF PROVISION 52.212-3 IS COMPLETED IN WWW.SAM.GOV

PROVIDE A STATEMENT ON YOUR PROPOSAL AND DO NOT FILL OUT ATTACHED PROVISION.

Proposals submitted under this RFP shall be valid for a period of no less than 120 days from the closing date of the solicitation.

http://www.sam.gov/

http://www.sam.gov/


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PART II The Contractor shall furnish all non-personal administrative and relevant program support services to perform the tasks described under this contract. The Contractor shall furnish all non-personal services in support of the mission of the USDOT. 1. MINIMUM AND MAXIMUM CONTRACT AMOUNTS During the term of each IDIQ contract, the Government shall place orders totaling a minimum of $50,000. The maximum amount of all TOs issued against all contracts awarded as a result of this acquisition shall not exceed a ceiling of $50,000,000. The TOs placed under the contract may be FFP, LH/T&M, or hybrid based on a determination by the CO at the TO level. 2. SCHEDULE OF RATES & LABOR CATEGORY DESCRIPTIONS Labor skill sets and rate ceilings governing this contract shall conform to the descriptions herein and be listed in the document found in the attached entitled “Pricing Table for Administrative Support” and apply for each of the described categories for each contract year. The unit of issue (labor rates) shall be fully burdened fixed-price hourly rates applicable to the prime contractor and all subcontractors or subconsultants proposed. NOTE: Resulting contract award(s) will include as an attachment, the accepted Contractor loaded labor rates inserted in the pricing table. Price proposals shall adhere to the pricing structure established in the attached pricing table and RFP instructions 2.1 OFF-SITE PROGRAM MANAGER

The off-site Program Manager (PM) shall serve as the supervisor for all assigned personnel and shall provide administrative program management and oversight for each task order. As identified in the resume, the off-site PM shall have no less than five (5) years of relative experience to both manage and mentor staff with various administrative work assignments. The off-site PM shall ensure that qualified personnel are assigned to the administrative positions required. Additionally, the off-site PM shall answer Government staff questions regarding the contract and task orders. Minimum/Required Experience:

Five years of demonstrated experience with both performing and leading

administrative support personnel as identified in Part III; Five years of experience in the management of administrative personnel, and

financial management experience; Highly proficient with Microsoft products such as PowerPoint, Word, Excel, Outlook,

Skype, Access, Structured Query Language (SQL), SharePoint, current web browsers (i.e. Internet Explorer, Edge, Google Chrome, etc.) Adobe Acrobat, and scheduling/navigating conference applications (i.e. Adobe Connect, PolyCom Video


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Teleconferencing (VTC)), automated administrative tracking management systems (i.e. travel management, time and attendance), and other work-related data entry systems, to include the ability to effectively mentor the contractor’s staff with these applications;

Ability to quickly become proficient in non-standard software programs required for Department usage, (any required training will not at the expense of the Government), and quickly mentor the contractor’s staff with these applications;

Highly proficient in grammar, spelling, punctuation and preparation of standard office documents, and the ability to mentor/instruct the contractor’s staff to perform this function;

Experience with mediation skills; Familiarity with the Government Style Manual; and Experience communicating with individuals at all levels, both orally and in writing.

Minimum Education: Bachelor’s degree in any field of study or post-secondary training is highly desired, but not required.

2.2 ON-SITE PROGRAM MANAGER

The on-site Program Manager (PM) shall serve as the supervisor of the contractor’s administrative personnel for their specific task order. The on-site PM is only required on task orders with multiple contractor personnel, and then only at the request of the Government. (Note, if an on-site PM is required for a TO, an off-site PM shall not be required). The on-site PM shall have no less than five (5) years of relative experience managing and mentoring staff with various administrative work assignments. The on-site PM shall ensure that qualified personnel are assigned to the administrative positions required for the specified work requirements. Additionally, the on-site PM shall answer Government staff administrative questions within relevance of their specific task order. Minimum/Required Experience:

Five years of demonstrated experience with both performing and leading

administrative support personnel as identified in Part III; Five years of experience in the management of administrative personnel, and

financial management experience; Highly proficient with Microsoft products such as PowerPoint, Word, Excel, Outlook,

Skype, Access, SQL, SharePoint, current web browsers (i.e. Internet Explorer, Edge, Google Chrome, etc.) Adobe Acrobat, scheduling/navigating conference applications (i.e. Adobe Connect, PolyCom VTC), automated administrative tracking management systems (i.e. travel management, time and attendance), and other work-related data entry systems; to include the ability to effectively mentor the contractor’s staff with these applications;

Ability to quickly become proficient in non-standard software programs required for Agency usage, (any required training will not at the expense of the Government), and quickly mentor the contractor’s staff with these applications;

https://www.govinfo.gov/collection/gpo-style-manual?path=/GPO/U.S.%20Government%20Publishing%20Office%20Style%20Manual


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Highly proficient in grammar, spelling, punctuation and preparation of standard office documents, and has the expertise to mentor/instruct the contractor’s staff to perform this function;

Experience with mediation skills; Familiarity with the Government Style Manual; and Experience communicating with individuals at all levels, both orally and in writing.

Minimum Education: Bachelor’s degree in any field of study or post-secondary training is highly desired, but not required.

2.3 ADMINISTRATIVE SUPPORT I

The Administrative Support I shall provide basic technical and administrative day-to-day support services. The individual shall perform both routine administrative, clerical and related duties in support of the Government team or individuals, to include telephone coverage. Office front desk support shall be required of the Administrative Support I, unless the requesting office chooses to remove this support when preparing a task order. The individual shall have sufficient knowledge in automated office software suites to include Microsoft products such as Word, PowerPoint, Outlook, Excel, Access, SQL, SharePoint, web browsers, time and attendance tracking systems, and other basic data entry application systems. Also, the individual shall display good customer service skills and be flexible in adapting to deadlines and changing priorities.

Minimum/General Experience: One to two years of relevant experience; Good written and oral communication skills; Organizational skills; Ability to work both individually and as part of a team; and Proven ability to produce quality work under deadlines.

Minimum Education: High School Graduate or General Education Diploma (GED).

2.4 ADMINISTRATIVE SUPPORT II

The Administrative Support II shall have knowledge and demonstrated experience in the administrative area. Additionally, the individual shall have demonstrated knowledge of Federal Government office policies, processes and procedures, and the ability to quickly grasp newly assigned processes and procedures, to include performing complex administrative, clerical and related duties in support of a specific Government team, event, or individual. Possesses strong written and oral communication skills, able to apply sound business judgment, and has the ability to be resourceful, creative, and a problem solver. The Administrative Support II shall have a thorough knowledge of correspondence protocol, to include both utilizing correspondence software tools, and hard copy correspondence packages. The individual shall be able to work independently in the absence of specific instructions on a number of tasks with a high degree of speed using organizational skills, and perform these duties with demonstrated ability to maintain effective relations with


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clients and staff (on-site and remote), exercise confidentiality, discretion, and demonstrate strong customer service skills. Office front desk support may also be required of the Administrative Support II. Additionally, is flexible in adapting to deadlines and changing priorities.

Minimum/General Experience:

Four years of experience performing office administration duties without day-to-day direction;

Accurate typing of at least 35 wpm; Proficient in the use of current Microsoft products such as PowerPoint, Word, Excel,

Outlook, Skype, Access, SQL, SharePoint, current web browsers (i.e. Internet Explorer, Edge, Google Chrome, etc.), Adobe Acrobat, and scheduling/navigating conference applications (i.e. Adobe Connect, PolyCom VTC), automated administrative tracking management systems (i.e. travel management, time and attendance), and other work-related data entry systems;

Highly proficient in grammar, spelling punctuation, and preparation of standard/ executive level office documents;

Familiarity with the Government Style Manual; and Demonstrated experience communicating with individuals at all levels, both orally

and in writing. Minimum Education: High School Graduate or GED

2.5 ADMINISTRATIVE SUPPORT III

The Administrative Support III shall have significant experience in the administrative area with a demonstrated knowledge of office policies, processes and procedures, and the ability to rapidly grasp newly assigned processes and procedures. This individual works well under pressure. The individual shall perform complex administrative, clerical and related duties in support of a specific Government team, event, or individual. Therefore, in addition to the significant experience, a strong administrative problem-solving skills background is essential to bring administrative issues/problems to resolution, as quickly as possible. This individual shall possess excellent written and oral communication skills, apply sound business judgment, and be resourceful and creative. To ensure deadlines and last-minute assignments are handled timely, administrative multi-tasking must be a priority to ensure that the assigned work is to be performed in a highly efficient, organized, and accurate manner. The Administrative Support III shall have extensive knowledge/experience with office correspondence protocol, to include both utilizing correspondence software tools, and hard copy correspondence packages. The Administrative Support III shall be able to work independently to perform these duties with limited effort, and minimal disruption to the office. It is essential that the Administrative Support III maintain effective relations (customer service) with clients, staff, and customers, via on-site or remote. Also, it is imperative that the Administrative Support III exercises confidentiality, discretion, and the ability to be a team player. Office front desk support may also be required of the Administrative Support III. Additionally, the individual is flexible in adapting to deadlines



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and changing priorities. The Administrative Support III may be called upon to mentor junior Contractor staff with administrative tasks.


Five years of experience performing office administration duties without day-to-day direction;

Experience supporting senior level managers; Accurate typing of at least 35 wpm; Highly proficient in the use of current Microsoft products such as PowerPoint, Word,

Excel, Outlook, Skype, Access, SQL, SharePoint, current web browsers (i.e. Internet Explorer, Edge, Google Chrome, etc.), Adobe Acrobat, and scheduling/navigating conference applications (i.e. Adobe Connect, PolyCom VTC), automated administrative tracking management systems (i.e. travel management, time and attendance), and other work-related data entry systems;

Highly proficient in grammar, spelling punctuation, and preparation /proof reading all standard/executive level office documents;

Familiarity with the Government Style Manual; and Significant experience communicating with individuals at all levels, both orally and

in writing.

Minimum Education: High School Graduate or GED 2.6 EXECUTIVE ASSISTANT (ADMINISTRATIVE SUPPORT IV)

As the Government Executive’s front office/first line point of contact, the Executive Assistant shall possess a very high level of poise, professionalism, with an approachable, confident persona. It is imperative that the Executive Assistant tactfully interacts with visitors and staff in a respectful manner. The Executive Assistant’s customer service skills are to be readily apparent to all customers and stakeholders. In this position, the individual shall be considered a subject matter expert for all assigned administrative tasks. The Executive Assistant shall have an extensive and demonstrated knowledge of office policies, processes and procedures, and the ability to quickly grasp newly assigned processes and procedure. As required, the Executive Assistant must to able to expedite any last-minute assignments, to include making efficient adjustments/corrections to the Executive’s documentation. The Executive Assistant shall have very strong written and oral communication skills, demonstrates the ability to interpret/apply sound business judgment, and be resourceful, creative, and a problem solver. The Executive Assistant shall have extensive knowledge of correspondence protocol, to include both utilizing correspondence software tools, and hard copy correspondence packages. The Executive Assistant shall be able to work independently in the absence of specific instructions on a number of tasks with a high degree of speed using organizational skills, and perform these duties while exhibiting the ability to maintain effective relations/results with clients and staff (on-site and remote). The Executive Assistant shall exercise confidentiality, discretion, and problem-solving skills. Office front desk support may also be required of the Executive Assistant. Additionally, the individual shall be flexible in adapting to deadlines and changing priorities.



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Five years of experience performing office administration duties without day-to-day direction;

Experience supporting senior level managers; Accurate typing of at least 35 wpm; Highly proficient in the use of current Microsoft products such as PowerPoint, Word,

Excel, Outlook, Skype, Access, SQL, SharePoint, current web browsers (i.e. Internet Explorer, Edge, Google Chrome, etc.) Adobe Acrobat, and scheduling/navigating conference applications (i.e. Adobe Connect, PolyCom VTC), automated administrative tracking management systems (i.e. travel management, time and attendance), and other work-related data entry systems;

Subject matter expert in grammar, spelling punctuation, and preparation/proof reading all standard/executive level office documents;

Familiarity with the Government Style Manual; and Significant experience communicating with individuals at all levels, both orally and

in writing. Minimum Education: High School Graduate or GED



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PART III STATEMENT OF WORK

1. BACKGROUND In support of the shared services initiative, the USDOT has a need to procure non-personal administrative support services for the Operating Administrations (OA) within the USDOT. OAs include: Federal Aviation Administration (FAA), Federal Highway Administration, Federal Motor Carrier Safety Administration (FMCSA), Federal Railroad Administration (FRA), Federal Transit Administration (FTA), Maritime Administration (MARAD), National Highway Traffic Safety Administration (NHTSA), Office of the Inspector General (OIG), Office of the Secretary (OST), Pipeline and Hazardous Materials Safety Administration (PHMSA), and the Saint Lawrence Seaway Development Corporation (SLS). 2. OBJECTIVE The objective for this requirement is to provide on-site, non-personal administrative support services on an as needed basis in support of organizational requirements within the USDOT. 3. SCOPE To fulfill the objective of this contract, the Contractor shall provide support services that span a wide range of responsibilities for administration (i.e. front desk support/receptionist, basic office administrative tasks, travel preparation, time keeping, correspondence preparation, fleet vehicle management, etc.), and either on-site or off-site program management support (task order specific). Due to the unknown nature of forthcoming performance requirements, the exact number, location, and specific work assignments cannot be determined at this time. The requirements for staffing will be based on examples of duties described in Section 4, developed to meet the specific requirements of the requesting USDOT organizational offices. The Contractor shall manage its staff and ensure the quality of service being provided under each task order. With the exception of the off-site PM, it is the Government’s expectation that all services shall be completed at the identified task order location.

4. TASK AREA SPECIFIC REQUIREMENTS Specific work to be performed will be set forth under individual task orders. Task orders under this IDIQ contract will be determined and issued on an as needed basis by the OAs and will generally, consist of work outlined below. When ordered, the Contractor shall provide the necessary personnel to perform the requirements. Individual TOs will be managed, monitored, and evaluated by the requiring USDOT OA.


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4.1 Program Management Support (Off-Site and On-Site) The PM shall be responsible for understanding the various work assignments under each task order and ensuring that qualified personnel are assigned to the positions required under specified work requirements. Specific work activities will be identified in the individual task order; however, work assignments may include, but are not limited to the following:

a. Coordinate Contractor employee schedules and work priorities with each office’s assigned point of contact, and monitor staff time sheets and leave requests;

b. Mentor Contractor staff in the accomplishment of their work duties; c. Resolve Contractor staff grievances and taking disciplinary action when necessary; d. Develop and motivate assigned Contractor staff to improve performance and quality

throughout the duration of the performance period;

e. As required, meet (in-person, telephonically, or via Skype) with the Contracting Officer’s Representative (COR) or assigned office point of contact to discuss task order work assignments, schedules, workloads, potential problems and their resolutions;

f. Submit progress reports as described in Sections 8 and 9 below; g. Conduct monthly staff meetings with all staff members to make assignments, review

workloads, discuss plans, address problems and develop solutions. These meetings can be conducted by teleconference and will not be billable to the Government;

h. When necessary, replace personnel with a security cleared individual; if the regularly

assigned contractor personnel will be absent for more than two (2) business days. If unable to do so, the Program Manager may be required to complete on going task order work, until the contractor replacement has cleared security, and has been granted access to all applicable systems; and

i. Assist in collecting/submitting security documents and ensure appropriate documents

are signed. 4.2 Administrative Assistance (Administrative Support I) Specific work activities will be identified in the individual task order; however, work assignments for the Administrative Support I may include, but are not limited to the following:

a. Receive visitors and telephone calls, and relay these visitors and callers to the appropriate person within the office;


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b. Manage incoming and outgoing mail service; c. Review and provide data entry updates to ensure pertinent information is recorded

correctly in the agency’s various automated systems; d. Perform general typing assignments of correspondence, reports, records and technical

papers. This may include incorporating tables, charts, graphs, and incorporating presentation materials and graphics into the correspondence. Additionally, shall prepare correspondence to ensure proper format, checking for typographical accuracy, and conformance with procedural instructions;

e. Arrange meetings and conferences to include the following: locating facilities, room

reservations, scheduling, arranging call-in numbers and/or webinar registration details, notifying all participants, and assembling materials to be handed out at meetings and conferences, and/or distributing electronically for conference calls and webinars;

f. Schedule appointments for various staff members as required. This may include

coordination with other offices within the agency and the USDOT; g. Maintain files in accordance with statutory record-retention requirements and

Departmental policies and directives, which may involve establishing new files and disposing of outdated or otherwise unneeded records;

h. Update office time and attendance in agency’s time keeping system, to include

resolving time keeping discrepancies;

i. Update SharePoint websites, and monitor office updates on agency’s internal and external websites to include office’s information in Microsoft Outlook, and resolve discrepancies in a timely manner;

j. Fleet Management - Performs, various responsibilities driving Government owned vehicle, submit periodic reports to GSA, coordination of services and purchases with GSA (GOVs Maintenance, licensing/registration, mileage reporting, fuel reports, E-85 special reporting);

k. Prepare, assemble, print and ship course material for training and presentations; set-up training and conference rooms, create certificates; and

l. Assist with scheduling interviews, as needed. 4.3 Administrative Assistance (Administrative Support II)

Specific work activities will be identified in the individual task order; however, work assignments for the Administrative Support II may include, but are not limited to the following:


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a. Type correspondence, reports, records and technical papers. This may include tables, charts, graphs, and presentations as well as various government forms such as requisition forms;

b. Proofread outgoing correspondence to ensure proper format and conformance with procedural instructions, screen for grammar, spelling errors, punctuation and content. Determine that all necessary incoming and background material is attached to the file;

c. Reply to general inquiries that do not require technical knowledge of programs under

the control of the requesting office. These replies may consist of letters of acknowledgement, acceptance of invitations and cancellations. Follow up on routine correspondence of a non-technical nature in the executive’s name or in his or her own name as secretary to the executive;

d. Search for, assemble, and summarize information from management systems, files

and other documents as requested by the executive or office staff in order to reply to correspondence, prepare reports, briefing papers, etc.;

e. Arrange meetings and conferences to include the following: locating facilities, room reservations, scheduling, arranging call-in numbers and/or webinar registration details, notifying all participants, and assembling materials to be handed out at meetings and conferences, and/or distributing electronically for conference calls and webinars;

f. Assist in the preparation of agendas for meetings, contact attendees of meetings,

prepare correspondence and minutes of meetings, and distribute these materials; g. Make travel arrangements for personnel as requested. This may include hotel and

rental car reservations, plane and train tickets, travel advances, travel authorization requests, travel vouchers, and itineraries;

h. Fleet Management - Performs, various responsibilities driving Government owned vehicle, submit periodic reports to GSA, coordination of services and purchases with GSA (GOVs Maintenance, licensing/registration, mileage reporting, fuel reports, E-85 special reporting);

i. Maintain assigned office calendars and schedules, appointments, and meetings based upon own initiative through personal knowledge of workload and current issues of importance. Remind assigned Government staff of appointments and brief them on matters to be considered before the scheduled meeting. On own initiative, reschedule staff appointments when their schedules change; and

j. Manage designated executive’s office files, which may involve establishing new files

and disposing of outdated or otherwise unneeded records.


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4.4 Administrative Assistance (Administrative Support III)

Specific work activities will be identified in the individual task order; however, work assignments for the Administrative Support III may include, but are not limited to the following:

a. Serve as senior administrative support for the office, provides excellent customer service, and professional courtesies to all customers and stakeholders;

b. As required, provide executive assistance for the office Executive(s) (ancillary duty);

c. Display strong critical thinking skills and demonstrate clear judgement and independent decision-making capabilities;

d. Perform assigned administrative tasks, to include, but not limited to schedule meetings, follow-up requests, prepare executive packages, minutes of meetings, and distribute these materials prepares timecard, travel documents, etc.;

e. Maintain designated office calendars and schedules, appointments, on-site/off-site meetings, based upon own initiative through personal knowledge of workload and current issues of importance;

f. Work independently to complete tasks and/or work products with limited guidance;

g. Work effectively when priorities change and quick adjustments in work assignments and

responsibilities are temporarily necessary;

h. Work on and prioritize multiple assignments throughout the work day;

i. Proactively identify assignments;

j. Produce requested work products that require minimal revision;

k. Prepare/type correspondence, reports, records and technical papers. This may include tables, charts, graphs, and presentations as well as various government forms such as requisition forms;

l. Prior to material being presented for executive signature, provide expert proofreading

outgoing correspondence to ensure proper format and conformance with procedural instructions, screen for grammar, spelling errors, punctuation and content. Review package content to ensure that all necessary incoming and background material is attached to the file;

m. Reply to general inquiries that do not require technical knowledge of senior level staff, or programs under the control of the requesting office; These replies may consist of letters of acknowledgement, acceptance of invitations and cancellations. On behalf of the office, follows up on routine correspondence of a non-technical nature.


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n. Search for, assemble, and summarize information from management systems, files and other documents as requested by the executive or office staff in order to reply to correspondence, prepare reports, briefing papers, etc.;

o. Make travel arrangements for personnel as requested. This may include hotel and rental car reservations, plane and train tickets, travel advances, travel authorization requests, travel vouchers, and itineraries;

p. Fleet Management - Performs, various responsibilities driving Government owned vehicle, submit periodic reports to GSA, coordination of services and purchases with GSA (GOVs Maintenance, licensing/registration, mileage reporting, fuel reports, E-85 special reporting);

q. Manage assigned office files, which may involve establishing new files and disposing of outdated or otherwise unneeded records; and

r. Identify and recommend improvements to processes or more efficient ways to accomplish tasks.

4.5 Executive Assistance (Administrative Support IV)

Specific work activities will be identified in the individual task order; however, work assignments for the Executive Assistant may include, but are not limited to the following:

a. Serve as the Executive Assistant for Senior Office Leadership (Executive). The individual shall display decorum, approachability, and professional courtesy to colleagues, customers, and stakeholders;

b. Display strong critical thinking skills and demonstrate clear judgement and independent decision-making capabilities;

c. Coordinate all executive administrative duties, schedule meetings, follow-up on requests, prepare executive packages, prepare minutes of meetings, distribute materials, and prepare timecards and travel documents;

d. Maintain the Executive’s calendar and schedule, appointments, and meetings based upon knowledge of workload and current issues of importance. Remind the Executive of appointments and brief him/her on matters to be considered before the scheduled meeting. Reschedule the Executive’s appointments when his/her schedule changes;

e. Work independently to complete tasks and/or work products with conceptual guidance;

f. Work effectively and make quick adjustments in work assignments when priorities or responsibilities change;

g. Work on and prioritize multiple assignments throughout the work day;

h. Proactively identify assignments;


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i. Produce executive work products that require minimal revision;

j. Oversee administrative tasks as assigned by the Executive to include collaborating with assigned stakeholders and customers;

k. Prepare/type executive correspondence, reports, records and technical papers. This may include tables, charts, graphs, and presentations as well as various government forms such as requisition forms;

l. Prior to material being presented to the Executive, provide expert proofreading outgoing correspondence to ensure proper format and conformance with procedural instructions, screen for grammar, spelling errors, punctuation and content. Review package content to ensure that all necessary incoming and background material is attached to the file;

m. Reply to general inquiries that do not require technical knowledge of the Executive, or programs under the control of the requesting office. These replies may consist of letters of acknowledgement, acceptance of invitations and cancellations. Follow up on routine correspondence of a non-technical nature in the Executive’s name or in his or her own name as secretary to the executive;

n. Search for, assemble, and summarize information from files and other documents as requested by the executive or office staff in order to reply to correspondence, prepare reports, briefing papers, etc.;

o. Make travel arrangements for personnel as requested. This may include hotel and rental car reservations, plane and train tickets, travel advances, travel authorization requests, travel vouchers, and itineraries;

p. Fleet Management - Performs, various responsibilities driving Government owned vehicle, submit periodic reports to GSA, coordination of services and purchases with GSA (GOVs Maintenance, licensing/registration, mileage reporting, fuel reports, E-85 special reporting);

q. Manage assigned office files in accordance with statutory record-retention requirements and Departmental policies and directives, which may involve establishing new files and disposing of outdated or otherwise unneeded records; and

r. Identify and recommend improvements to processes or more efficient ways to accomplish tasks.

5. TRANSITION ACTIVITIES (Beginning of Task Order/End of Task Order) The Contractor shall provide services needed to assist in a smooth and orderly transition between the incumbent Contractor and a successor Contractor to ensure minimum disruption to vital Government business. These services may include, but are not limited to: data and other file transfer, material transfer, coordination with existing Contractor, and other activities to assist in an orderly transfer and establishment of continued operation of the contract services. The Contractor shall cooperate fully in the transition.


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6. KICK-OFF MEETING The Contractors shall participate in a kick-off meeting within 30 days after award. The objective of this meeting is to introduce the Contractors to USDOT staff, define roles and responsibilities, explain ordering processes and procedures, and respond to questions. NOTE: Costs of related to attending the kick-off meeting are not allowable direct costs. 7. GENERAL SECURITY REQUIREMENTS The Contractor shall establish appropriate administrative, technical, and physical safeguards to protect any and all Government data to ensure confidentiality, integrity, and availability. As a minimum, this shall include provisions for personnel security, electronic security, and physical security as listed in the sections that follow. All Contractor staff shall sign Non-Disclosure Agreements prior to completing any work under this award. 8. MONTHLY PROGRESS REPORT The Contractor shall furnish a contract level progress report via email to the FHWA Contract Specialist (CS) and COR no later than the 10th of the month following the calendar month being reported. Each contract level progress report shall contain:

a) A cumulative list of all task orders (active and inactive) showing the contract and task order number, title, period of performance, ceiling amount, funded amount, invoiced amount, and issuing USDOT agency and program office.

b) Any contract level issues encountered along with recommended solutions and suggested improvements.

If there are no active TOs, the Contractor shall submit a monthly statement indicating that there are no active TOs in lieu of the documentation contained above. Progress reporting requirements for individual task orders will be delineated in the Task Order Proposal Request (TOPR) issued by the requiring USDOT program office. 9. ANNUAL PROGRESS REPORT The Contractor shall furnish one (1) electronic copy of a letter-type annual report to the FHWA CO and COR within 30 days after the conclusion of each contract year. The annual report shall contain the following:

1. A discussion of the activities conducted during the period being reported.

2. A brief narrative commenting on performance during the reporting period for each of the following areas: a. Quality of Product/Service b. Schedule c. Cost Control


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d. Business Relations e. Management of Key Personnel f. Utilization of Small Businesses

3. Discussion of problems encountered or anticipated that might affect performance during the following year, and recommended solutions to such problems.

The annual report will be used by the COR as part of the annual performance review. 10. GOVERNMENT FURNISHED EQUIPMENT/INFORMATION/PROPERTY Government furnished equipment (GFE)/information/property will be specified in individual TOs. When furnished, the Contractor shall maintain a detailed inventory accounting system for GFE/Material or Contractor Acquired Property (CAP). The inventory accounting system must specify, as a minimum: product description (make, model), Government tag number, date of receipt, name of recipient, location of receipt, current location, purchase cost (if CAP), and contract/order number under which the equipment is being used. The Contractor shall either: a) attach an updated inventory report to each Monthly Progress Report, or b) certify that the inventory has been updated and is available for Government review. In either case the Contractor’s inventory listing must be available for Government review within one business day of COR request. 11. CONTRACTOR LIABILITY The Contractor shall protect, defend, indemnify, save, and hold harmless the United States Government and its employees or agents, from and against all claims, demands, expenses, causes of action, judgments and liability arising out of, or in connection with, any negligent acts or omissions of the Contractor, its agents, Subcontractors, employees, assignees, or anyone for whom the Contractor may be responsible. The Contractor shall also be liable for all costs, expenses and attorney’s fees incurred as a result of any such claim, demand, cause of action, judgment or liability, including those costs, expenses, and attorneys’ fees incurred by the United States Government and its employees or agents. The Contractor’s liability shall not be limited by any provision or limits of insurance set forth in the resulting contract. 12. CONTRACTOR REQUIRED LICENSES/CERTIFICATIONS All Government contractors must possess a state issued driver’s license in order to drive a Government Owned Vehicle. Any additional required licenses and certifications will be specified in the individual TOs issued under this contract. The Contractor shall be responsible for providing appropriately qualified personnel.


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13. OPERATION OF GOVERNMENT OWNED VEHICLES Government contractors may use Government motor vehicles when authorized in accordance with the FAR, General Services Administration (GSA) Fleet procedures, and the following conditions:

(a) Government motor vehicles are used for official purposes only and solely in the performance of the contract;

(b) Government motor vehicles cannot be used for transportation between residence and place of employment, unless authorized in accordance with 31 U.S.C. 1344 and part 41 CFR 102–5; and

(c) Contractors must:

(1) Establish and enforce suitable penalties against employees who use, or authorize the use of, Government motor vehicles for unofficial purposes or for other than in the performance of the contract; and (2) Pay any expenses or cost, without Government reimbursement, for using Government motor vehicles other than in the performance of the contract.

d) Contractors are responsible for obtaining proper insurance for vehicles that are operated by contractor employees in connection with the applicable contract. The contractor shall provide a certificate of insurance coverage to the Contracting Officer verifying that it has the proper insurance to operate the vehicle(s).

14. DIRECT LABOR RATES (FOR LH/T&M TASK ORDER) Direct Labor rates under this contract include Contractor employee labor. The direct labor rates are fully burdened fixed-price hourly rates applicable to the prime contractor and all subcontractors or subconsultants proposed with all proportional overhead, fringes, profit/fee, General and Administrative Expenses (G&A), etc. Maximum direct labor rates are identified in the attachment entitled, “Pricing Table for Administrative Support.” 15. DEPARTING CONTRACTOR EMPLOYEES The Contractor shall collect and return Government-issued identification badges and GFE of departing employees to the appropriate COR. 16. PACKAGING Preservation, packing, and packaging of items for shipment shall be in accordance with best commercial practices and adequate for acceptance by common carrier for safe transportation at the most economical rates. The Contractor shall clearly mark each shipment with the company name, the contract number, TO number (if applicable), and as appropriate the item identification, quantity of items, and


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notice of partial or final delivery. 17. ACCEPTANCE All work hereunder shall be subject to review by the COR. The COR or TOCOR as applicable, as specified in each notification letter at the contract and TO level, is responsible for inspection and acceptance of all incoming shipments, documents, and services. 18. METHOD OF DELIVERY Electronic copies shall be delivered utilizing a Microsoft product such as Word, Excel, or PowerPoint, unless otherwise specified by the COR. Electronic submission shall be made via email, unless otherwise agreed to by the COR. 19. DELIVERABLE/DELIVERY SUMMARY For task orders issued under this contract, specific deliverables and due dates will be specified in the task order documents. Below is a general guide for the anticipated deliverables under the contract.

Deliverable Frequency Number of Copies Medium/Format Submit To

Progress Reports (contract level)

Monthly, submitted by the 10th of the month following the month reported.

One electronic copy

Electronic copy in either MS Word or Adobe Acrobat formats.

FHWA CS and COR

Annual Progress Report

30 days after the conclusion of each contract year.

One electronic copy

Electronic copy in either MS Word or Adobe Acrobat formats.

FHWA CS and COR

20. TASK ORDER DELIVERABLES TOs will identify task specific deliverables and performance standards required in the performance of each order. Deliverables may range in a variety of formats and types consistent with the task areas described in the SOW. 21. PROCUREMENT AUTHORITY The FHWA, Office of Acquisition and Grants Management, is the only office and agency that is authorized to modify this Contract. The FHWA CO is the only individual authorized to perform this function.


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Task Orders may be issued by any USDOT OA CO. All administration and any necessary modification of those Task Orders will be handled by the appropriate OA CO. 22. NON-PERSONAL SERVICES CONTRACT This contract is a non-personal services contract as defined in the FAR at subpart 37.101. It is understood and agreed that the Contractor and/or Contractor’s employees and subcontractors:

(1) shall perform the services specified herein as independent Contractors, not as employees of the Government; (2) shall be responsible for their own management and administration of the work required and bear sole responsibility for complying with all technical, schedule, or financial requirements or constraints attendant to the performance of this contract; (3) shall be free from supervision or control by any Government employee with respect to the manner or method of performance of the services specified; but (4) shall, pursuant to the Government’s right and obligation to inspect, accept or reject the work, comply with such general direction of the CO, or the duly authorized representative of the CO, as is necessary to ensure accomplishment of the contract objectives.

23. PAYMENT For FFP TOs: In accordance with FAR 52.232-1 – Payments, unless otherwise specified in individual TOs, the Contractor may request payment for the FFP specified in the TO upon the Government’s acceptance of all work under that TO. Acceptance of the work under each TO will be made by the COR. Proportional payments may be made based on an established Milestone Payment Schedule for work performed and accepted. For LH or T&M TOs: The Contractor may request payment no more than monthly, for work performed during the preceding reporting period. The Contractor shall provide sufficient detail, including fully burdened labor rates and hours worked, to support the invoice. The Contractor shall not accrue costs in excess of the amount funded under a LH or T&M TO. Any work performed in excess of the amount funded is at the Contractor’s own risk. NOTE: For each T&M TO, allowable materials costs, including travel expenses shall be reimbursed at cost. Inclusion of indirect burden amounts or fee on material costs, including travel expenses, is not allowable. 24. NOTIFICATION OF EXPENDITURE OF FUNDS The Contractor shall notify the CS and COR in writing, within five (5) calendar days, when costs


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incurred exceed 75% of the obligated funds on a LH or T&M line item or TO. Unless otherwise negotiated, the Government shall pay the Contractor, upon the submission of a proper invoice, for the total price stipulated in this order for services rendered and accepted. The contractor shall be paid the prices for those services specified in the schedule upon the Government’s acceptance, plus any allowable cost reimbursable other direct costs (ODCs) and travel expenses (in accordance with the Federal Travel Regulations) no more than monthly. 25. INVOICING REQUIREMENTS Invoices shall not be sent prior to acceptance of the deliverable or the services being billed. For task orders issued by FHWA, all invoices and required supporting documents shall be sent via e-mail to the following e-mail address:[email protected], and other recipient(s) (if applicable) as directed by the COR.

(a) Include the invoice as an attached PDF document (b) Include in the e-mail subject line the following:

(1) Invoice No. (2) Contract Number (3) Name of your Company/Organization (4) Attention: Contract Specialist

Example: Invoice No. 35 – 693JJ320D0000X – Contractor Name – Attention: [Insert Contract Specialist Name]

If the invoice and supporting documents exceed 8 MB as an e-mail attachment, the Contractor must select one of the other submission options presented below: Invoices submitted via an overnight service must use the following physical address:

MMAC FHWA/AMZ-150 6500 S. MacArthur Blvd Oklahoma City, OK 73169 Attention: [Insert Contract Specialist Name] Express Delivery Point of Contact: Lead Accounting Technician

Invoices may be submitted via regular U.S. Postal Service to the following address:

Federal Highway Administration Invoice Processing P.O. Box 268865 Oklahoma City OK 73126-8865 Attention: [Insert Contract Specialist Name]

An invoice submitted to an address other than those identified will be returned to the vendor as



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non-conforming. NOTE: Invoicing instructions for USDOT OAs, other than FHWA, will be included in the task order award. 26. TECHNICAL DIRECTION Performance of the work under this contract is subject to the Technical Direction of the COR. The Contracting Officer may also appoint a TO Contracting Officer’s Representative (TOCOR) to provide Technical Direction related to specific TOs under this IDIQ contract. The term “Technical Direction” is defined to include, without limitation, the following:

(a) Direction to the Contractor which redirects the efforts, shifts work emphasis between work areas, requires pursuit of certain lines of inquiry, fills in details or otherwise serves to accomplish the SOW; (b) Provision of information to the Contractor that assists in the interpretation of drawings, specifications or technical portions of the work description; and, (c) Review and approval/rejection of technical reports, drawings, specifications and technical information to be delivered by the Contractor.

All Technical Direction must be within the general scope of work stated in the contract and TO. The COR and TOCOR do not have the authority to and may not issue any Technical Direction that:

(a) constitutes an assignment of additional work outside the general scope of the base contract; (b) constitutes a change as defined in the base contract clause entitled “Changes”; (c) in any manner causes an increase or decrease in prices set forth; or (d) changes any of the expressed terms, conditions or specifications of the contract.

All Technical Direction must be issued in writing, or shall be confirmed in writing by the COR or TOCOR (as applicable) within 3 working days after issuance. The Contractor shall proceed promptly with the performance of duly issued Technical Directions. However, if in the opinion of the Contractor, the direction issued by the COR or TOCOR is within one of the prescribed categories in (i) through (vi) above, the Contractor shall not proceed, but shall notify the Contracting Officer in writing, within 3 working days after receipt of any such direction. The Contracting Officer will determine if the Technical Direction is proper, or if a contract modification would be required to properly implement the direction. Failure of the parties to agree upon the nature of the direction or upon the contract action to be taken with respect thereto shall be subject to the Disputes clause of this contract 27. CONTRACTING OFFICER’S REPRESENTATIVE AND TASK ORDER COR (a) The Contracting Officer is the only individual authorized to enter into or terminate this contract, modify any term or condition of this contract, waive any requirement of this contract, or accept nonconforming work delivered under this contract.


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(b) The Contracting Officer has designated (to be completed by CO at award) as the Contracting Officer’s Representative for this award. The COR’s responsibilities shall include technical monitoring of the Contractor’s performance on the overall contract award and inspecting and accepting deliveries under the contract. The COR will be appointed in writing, at which time ALL the responsibilities of the COR shall be detailed, and a copy of the appointment memorandum shall be furnished to the Contractor. Any changes to the COR delegation shall be made in writing, either by changes to the existing memorandum, or by issuance of a new appointment memorandum. Copies of any changes shall be provided to the Contractor. As needed, the Contracting Officer may appoint a TO Contracting Officer’s Representative (TOCOR). The TOCOR’s responsibilities shall include technical monitoring of the Contractor’s performance as well as inspecting and accepting deliveries under specified TO(s). Any changes to the TOCOR delegation will be made in writing, either by changes to the existing memorandum or by issuance of a new appointment memorandum. Notification of any changes will be provided to the Contractor and COR. (c) The COR and, if designated, the TOCOR are not authorized to perform, formally or informally, any of the following actions:

(1) Promise, award, agree to award, or execute any contract, contract modification, or notice of intent that changes or may change this contract;

(2) Waive or agree to any modification of the delivery schedule; (3) Make any final decision on any contract matter subject to the Disputes Clause; (4) Terminate, for any reason, the Contractor’s right to proceed, or issue any order

causing the Contractor to stop work; or (5) Obligate in any way, the payment of money by the Government.

(d) The Contractor shall comply with the written or oral direction of the Contracting Officer or authorized representative(s) acting within the scope and authority of the appointment memorandum. The Contractor need not proceed with direction that it considers to have been issued without proper authority. The Contractor shall notify the Contracting Officer in writing, with as much detail as possible, when the COR or TOCOR, if applicable, has taken an action or has issued direction (written or oral) that the Contractor considers to exceed the COR or TOCOR’s appointment, within 3 days of the occurrence. Unless otherwise provided in this contract, the Contractor assumes all costs, risks, liabilities, and consequences of performing any work it is directed to perform that falls within any of the categories defined in paragraph (c) prior to receipt of the Contracting Officer’s response issued under paragraph (e) of this clause. (e) The Contracting Officer shall respond in writing within 30 days to any notice made under paragraph (d) of this clause. A failure of the parties to agree upon the nature of a direction, or upon the contract action to be taken with respect thereto, shall be subject to the provisions of the Disputes clause of this contract. (f) The Contractor shall provide copies of all correspondence to the Contracting Officer and the COR and TOCOR, if applicable.


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(g) Any action(s) taken by the Contractor, in response to any direction given by any person acting on behalf of the Government or any Government official other than the Contracting Officer or the COR acting within his or her appointment, shall be at the Contractor’s risk. 28. CONTRACTOR SUPERVISION The Contractor shall provide total supervision of its staff. Government personnel are not authorized or permitted to supervise any Contractor personnel. The Contractor's Program Manager (PM) shall communicate with the COR to determine the Government's work requirements as set forth in the SOW and shall assure that these requirements are fulfilled. In the event the PM is incapacitated due to illness or injury or otherwise is to be removed by the Contractor during performance, replacement of the incumbent shall be subject to the approval of the CO. 29. AGENCY TASK ORDER OMBUDSMAN The CO’s selection decision on each TO request shall be final and is not subject to protest, except for a protest that the TO increases the scope, period, or maximum value of the contract. Accordingly, in accordance with FAR 16.505 (b) (5), an ombudsman has been appointed to hear and facilitate the resolution of Contractor’s concerns resulting from TO award. The existence of the ombudsman does not diminish the authority of the CO. Further, the ombudsman does not participate in the evaluation of the proposals or the adjudication of formal contract disputes. Therefore, before consulting with the ombudsman, interested parties must first address their concerns, issues, disagreements and/or recommendations to the CO for resolution. If the CO cannot make resolution, interested parties may contact the OA ombudsman. 30. TASK ORDER SELECTION CRITERIA The Government anticipates that the following elements will be the standard criteria for awarding individual TOs: technical, price, past performance in relation to requirements. Each TO will indicate any changes or additions to standard criteria. The order of importance for the factors will be identified in each individual TO proposal request. Evaluation of past performance will be based on the past performance data at the time of award as supplemented by the Government and Contractor during the period of performance. As work proceeds under this contract, it is probable that the past performance rating from each Contractor’s award will be given less weight than current performance reports received on TOs performed under this contract. 31. TASK ORDER PROCEDURE All funds expended under this contract shall be incurred and accounted for under individual TOs. All TOs are subject to the terms and conditions of this contract. All TOs under this contract will be competed unless a special exception to competition applies. Any supplies/services to be furnished under this contract will be ordered by issuance of written TOs. TOs shall be issued in accordance with FAR 52.216-18, 52.216-19, and 52.216-22 (See Part VI). In addition, the


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following ordering procedures apply to all TOs issued under this contract:

(a) Only authorized COs within the USDOT can issue a TO for this contract.

(b) All TOs are subject to the terms and conditions of the contract. In the event of conflict between a TO and the contract, the contract will take precedence.

(c) All costs associated with preparation, presentation, and/or discussion of the

Contractor’s TO proposal shall not be billable as direct contract expenses.

(d) A CO will issue TO Proposal Requests (TOPRs) electronically to each IDIQ Contractor awarded a contract, in accordance with Fair Opportunity to Compete clause, as requirements are identified. Each TOPR will indicate the objective or results required by the Government. This objective will be within the scope, period, and maximum value of the contract. Each TOPR will indicate the TO type, the due date for proposal submission, any special requirements, and any additional selection criteria not specifically identified in the TO Selection Criteria clause above.

(e) Upon receipt of a TOPR, the Contractor shall prepare and submit a written TO

proposal within the timeframe specified for submission. The Contractor shall submit one electronic copy of the TO proposal to the CO or as specified in the TOPR. The TO proposal shall include, as a minimum, the following information:

(1) A discussion of the TO objective demonstrating the Contractor’s

understanding of the required outcome. (2) A concise work plan for achieving the TO objectives that clearly

demonstrates the Contractors’ understanding of and planned approach to the problem.

(3) A performance schedule that provides the following information: (i) Planned accomplishments/milestones (ii) Anticipated problems or challenges (iii) Planned solutions to anticipated problems or challenges

(4) Qualifications of the proposed staff, including any proposed subject matter expert consultants.

(5) A detailed price proposal, including: (i) Proposed level of effort and labor categories (ii) The corresponding labor rates (iii) Other Direct Costs as applicable (materials, travel,

shipping, copying, etc.) (6) TO Conflicts of Interest: The Offerors shall provide a brief statement in

each TO proposal that describes in a concise manner all past, present or planned organizational, contractual or other interest(s), which may affect the Offeror’s ability to perform the proposed TO in an impartial and objective manner. The CO will review the statement and may require additional relevant information from the Offerors. In accordance with


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FAR Subpart 9.5, all such information, and any other relevant information known to DOT, will be used to determine whether an award to the Offerors may create an actual or potential conflict of interest. If any such conflict of interest is found to exist, the CO may (a) disqualify the Offerors, or (b) determine that it is otherwise in the best interest of the United States to contract with the Offerors and include appropriate provisions to mitigate or avoid such conflict in the contract awarded.

(7) All TO proposals will be evaluated in accordance with the clause entitled, TO Selection Criteria. The CO’s selection decision on each TO request shall be final and shall not be subject to protest.

(8) Upon selection/acceptance of a TO proposal, the CO shall execute a TO. This TO will contain, as a minimum, the following information:

(i) Name and signature of CO (ii) TO Number and Contract Number (iii) Effective Date of TO (iv) SOW (v) Period of Performance (vi) Total Amount of TO (vii) Accounting Data (viii) Reporting Requirements

(9) No work shall be performed and no payment will be made except as authorized by a properly executed TO.

(10) The OA CO shall provide confirmation (award number, overall potential award value, and successful vendor) of all new TOs to the FHWA COR and CO.

NOTE: The type of TOs issued will vary based on the nature of the work requested and the CO’s determination. In lieu of submitting a TO proposal, if the Contractor is not able or does not wish to compete for a specific TO, the Contractor must so state in writing to the CO. 32. ON-SITE DUTY HOURS Each program office where contractor staff is assigned shall identify the contractor’s working hours. These hours will be detailed in the individual TO. Work hours for Contractor personnel shall not exceed 40 hours per week unless approved by the Contracting Officer. Whenever contractor absence is expected to exceed two work days (or longer at the discretion of the organizational office to which the employee is assigned), or in the event that the employee is no longer employed by the contractor, a qualified replacement shall be provided by the Contractor. Replacement personnel shall meet the minimum requirements of the regularly assigned personnel. The qualified replacement shall be billed at the absent employee's rate. NOTE: No overtime is anticipated under this contract. In no event shall the Contractor incur any overtime without the advance written approval of the OA’s CO.


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33. FEDERAL HOLIDAYS AND CLOSURES

The USDOT offices are closed for the following Federal holidays and occasionally during other designated periods. Contractors who work at Government facilities will not be able to perform activities onsite on these days or during those periods designated for closure: New Year’s Day Labor Day Martin Luther King Jr.’s Birthday Columbus Day Presidents’ Day Veteran’s Day Memorial Day Thanksgiving Day Independence Day Christmas Day When any such holiday falls on a Saturday, the preceding Friday is observed; when any such holiday falls on Sunday, the following Monday is observed. Government closures may occur during the contract performance period as a result of Executive Order, Office of Personnel Management direction or other form of Federal proclamation. These closures are often due to inclement weather, potentially hazardous conditions or other special circumstances. Closures or delays of this nature during the performance period do not entitle the Contractor to additional compensation or to an automatic period of performance extension. 34. RESTRICTIONS AND STANDARDS OF CONDUCT (ON-SITE ORDERS ONLY) The Contractor's employees shall conduct only business covered by this contract during periods paid for by the USDOT and shall not conduct any other business on Government premises. Contractor personnel shall abide by the normal rules and regulations applicable to the USDOT premises, including any applicable safety and security regulations. 35. TELEWORK The Contractor’s personnel performing work on-site may telework with prior approval of the COR. Prior to teleworking, each Contractor must have a telework policy in place and a signed telework agreement for each Contractor personnel. The signed telework agreement shall be provided to the COR and CO before telework is authorized. 36. TAR 1252.237-73 KEY PERSONNEL (APR 2005) (a) The personnel as specified below are considered essential to the work being performed under this contract and shall, 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 CO to evaluate the potential impact of the change on the contract. The Contractor shall not remove or replace personnel under this contract until the CO approves the change through a formal modification to the contract.


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The following individuals are designated as Key Personnel under this contract:

Position Name OFF-SITE PROGRAM MANAGER

(PM for the overall contract award) (to be completed at contract award)

37. PLACE OF PERFORMANCE TOs will identify the specific place of performance. Performance may occur at any USDOT facility throughout the USA. 38. POST-AWARD EVALUATION OF CONTRACTOR PERFORMANCE

Contractor Performance Evaluations (a) Interim and final evaluations of Contractor performance will be prepared on this contract

in accordance with FAR 42.1502 and TAM 1242.1502. The final performance evaluations will be prepared at the time of completion of work.

(b) The Contractor can elect to review the evaluation and submit additional information or a

rebuttal statement. The Contractor will be permitted 60 calendar days to respond. Contractor response is voluntary. If the Contractor does not respond within 60 days, the Government will presume that the Contractor has no comment. Any disagreement between the parties regarding an evaluation will be referred to an individual at a level above the CO, whose decision is final.

(c) Copies of the evaluations, Contractor responses, and review comments, if any, will be

retained as part of the contract file, and may be used to support future award decisions. Federal Highway Administration utilizes the Contractor Performance Assessment Reporting System (CPARS) to record and maintain past performance information. CPARS hosts a suite of web-enabled applications that are used to document Contractor performance information that is required by Federal Regulations. The CPARS module assesses performance on contracts for Systems, Services, Information Technology, Operations Support, Architect-Engineer Services, and Construction. CPARS reference material can be accessed at http://www.cpars.gov/. The registration process requires the Contractor to identify an individual that will serve as a primary contact. This individual will be authorized access to the evaluation for review and comment. In addition, the Contractor is encouraged to identify a secondary contact in the event the primary contact is unavailable to process the evaluation within the required 60-day time-period. After the FHWA Contract Specialist registers the contract in CPARS, the Contractor will receive a system generated e-mail notifying him/her that the contract is registered. A system generated e-mail will also provide the Contractor with a User ID if the person does not already have a CPARS User ID.

http://www.cpars.gov/


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Once a performance evaluation has been prepared and is ready for comment, the Contractor representative will receive a system generated e-mail notification that the performance evaluation is electronically available for review and comment. The Contractor representative will receive an automated e-mail whenever an assessment is completed and can subsequently retrieve the completed assessment from CPARS. Contractors may access evaluations at http://www.cpars.gov/ for review and comment in CPARS.

39. GOVERNMENT FURNISHED OR CONTRACTOR ACQUIRED PROPERTY Equipment provided by the Government or acquired by the Contractor for the performance of work under this contract shall be maintained and accounted for in accordance with the provisions of FAR Part 45. At the conclusion of the contract, all equipment provided by the Government to the Contractor shall be returned to the Government in the same condition as when provided to the Contractor, less normal wear and tear. The Contractor is responsible for transporting all equipment to USDOT, F.O.B. Destination, at the conclusion of the contract. 40. PROTECTION OF INFORMATION (a) It is anticipated that in performance of this contract, the Contractor through its employees

may have access to, or be in receipt of, certain confidential and proprietary information of Government Contractors, and/or data relating to USDOT's plans, programs, technical requirements, budgetary matters, and such other information, the disclosure of which may give the Contractor a competitive advantage or be adverse to the interests of the Government. The Contractor shall not disclose such information acquired to anyone, other than the Government, including Contractor’s other employees, without the prior written consent of the Contracting Officer.

(b) To the extent that the work under this contract requires access to proprietary, business

confidential, or financial data of other companies, and provided such data is marked “Proprietary and Confidential,” the Contractor shall protect such information from unauthorized use and disclosure and agrees not to use it to compete against such companies.

(c) For these purposes, “Proprietary and Confidential” information shall mean any

information reasonably so designated that is not generally available to the public; but not information that becomes available on a non-confidential basis from another source, or was known to Contractor on a non-confidential basis prior to its disclosure to Contractor in the performance of this contract.

(d) The Contractor shall include the substance of this confidentiality agreement in all

subcontracts and Consultant agreements for performance of work under this contract unless excused in writing by the Contracting Officer.

http://www.cpars.gov/


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41. HOMELAND SECURITY PRESIDENTIAL DIRECTIVE-12 (HSPD-12) (AUGUST 2004) Homeland Security Presidential Directive-12 was issued in response to the general threat of unauthorized persons gaining access to federal facilities and information systems. HSPD-12 requires all Federal agencies to use a common Personal Identity Verification (PIV) standard when identifying and issuing access rights to users of Federally-controlled facilities and/or Federal Information Systems. To perform the work specified herein, Contractor personnel will require access to sensitive data, regular access to USDOT-controlled facilities and/or access to USDOT information systems. The Government has determined the position risk/sensitivity level under this effort to be low risk/non-sensitive.

Accordingly, before any individual may obtain a USDOT identification card (new or replacement) authorizing him/her routine access to USDOT facilities, or logical access to USDOT's information systems, the individual must provide two forms of identity source documents in original form. One identity source document must be a valid Federal or state Government issued picture identification card. USDOT Contractors must contact the USDOT servicing security organization to obtain the list of acceptable forms of documentation. Submission of these documents, and related background checks, are mandatory in order for the Contractor to receive a building access identification card, and before access will be granted to any of USDOT's information systems. Identification documents must be presented again in order to receive the card after it is manufactured. USDOT identification cards are Government property and must be returned when access to Government facilities or information systems is no longer authorized, e.g., upon termination of employment, upon the Contractor's reassignment of the employee to a non-USDOT project, upon termination of the contract, or upon demand by USDOT. The minimum Government investigation for a low risk or non-sensitive position is a National Agency Check and Inquiries (with fingerprinting), which consists of searches of records covering specific areas of a person's background during the past five (5) years. Those inquiries are sent to current and past employers, schools attended, references, and local law enforcement authorities. Higher level positions, above low risk/non-sensitive, require more extensive documentation and investigation. Contractors should ensure that the employees whose names they submit have a reasonable chance for access approval. Delays associated with rejections and consequent reinvestigations may not be excusable. The Contractor must comply with all applicable HSPD-12 and PIV procedures, as described above, and any subsequent USDOT or Government-wide HSPD-12 and PIV procedures/policies, including any subsequent related USDOT directives and required procedures. In the event of inconsistencies between this clause and later issued agency or Government wide


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HSPD-12 guidance, the most recently issued guidance shall take precedence, unless otherwise instructed by the Contracting Officer.

The Contractor is required to include this clause in any subcontracts that require the Subcontractor or Subcontractor employee to have routine physical access to USDOT space or logical access to a USDOT information system. 42. CONTRACTOR PERSONNEL PREPROCESSING, BACKGROUND INVESTIGATION AND INFORMATION SECURITY AWARENESS TRAINING (a) This local clause is applicable to contracts that have or will have Contractor Personnel (CP) working onsite in USDOT facilities, have CP who require USDOT network access, require access to sensitive information, OR access to USDOT resources. The clause is issued to:

(1) Supplement USDOT HSPD-12 Personal Identity Verification, TAR 1252.237-70 Qualifications of Contractor Employees, and TAR 1252.239-70 Security Requirements for Unclassified Information Technology Resources;

(2) Provide detailed instructions for preprocessing CP and initiating background investigations;

(3) Implement the requirement for CP who work onsite in USDOT facilities OR require USDOT network access to submit proof of information Security System Awareness (ISSA) training in conjunction with their background investigation request; and

(4) Provide information about the required ISSA training.

(b) CP shall not be permitted to begin work in USDOT facilities, have connectivity to the USDOT network, access sensitive information, OR access USDOT resources until documentation required to initiate a background investigation is received, ISSA training is completed, and authorization is received from USDOT Personnel Security. The initial process takes several business days and IS ONLY THE BEGINNING OF THE ACTUAL BACKGROUND INVESTIGATION. The Contractor, Program Manager (PM)/CP will be notified by USDOT Personnel Security via e-mail once CP are cleared to report for duty. While CP may report for duty, final clearance is granted only after the background investigation is complete. Completion of the background investigation can take months depending upon the actual investigation findings and the depth of investigation that results from those findings. The Government will provide the Contractor/PM/CP with all required forms to initiate a background investigation for use by CP. Contractor/PM/CP shall complete and submit required forms for a background investigation as soon as possible after notification of selection for a position. It is imperative that the PM and CP respond promptly to any additional information requests from the COR, USDOT Personnel Security, or the Office of the Secretary of Transportation (OST) Security Office so that the process can be completed as efficiently and quickly as possible.


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(1) Immediately upon notification of selection for a position, CP shall fill out the Form USDOT 1600.8, Personnel Security Action Request and Notification. This form is used to initiate a background investigation. The Form USDOT 1600.8 can be found here http://dotnet.dot.gov/forms/index.html or sent to the Contractor/PM/CP by the Contracting Officer’s Representative (COR). Upon completion, this form shall be submitted to the field specialist/COR who will complete the “Requesting Office” section. The COR will submit the completed USDOT 1600.8 to USDOT Personnel Security.

(2) In addition to the USDOT 1600.8, CP shall provide two fingerprint samples for the background investigation. Contractor/PM/CP can obtain the blank fingerprint cards from the COR. CP can have fingerprints taken at their local Law Enforcement agency. PMs in the local commuting area (DC, Virginia, Maryland, etc.) may arrange through their COR for CP to visit the Identification Media Center in the Headquarters West Building, Room W-12 for fingerprinting. Contractor/PM/CP shall mail or express mail (highly recommended) two fingerprint cards to FHWA Personnel Security. CP in the local commuting area have the choice of mailing their fingerprint cards or giving them directly to the COR. It is highly recommended that CP who will be working at Headquarters or Turner-Fairbanks Highway Research Center get fingerprinting done at the Identification Media Center in the Headquarters West Building.

(3) All onsite or network access CP must complete ISSA training. ISSA training can be found at http://sat.dot.gov with the title “Federal ISS Awareness (for non-DoD Personnel).” Questions about the ISSA training should be directed to the COR. After completion, CP must print a copy of the training certificate. The certificate shall be submitted along with the USDOT 1600.8 to the COR. Subsequent refresher training is required annually by a date to be determined each year.

(4) The Electronic Questionnaires for Investigations Processing (E-QIP) system provides a questionnaire that is used to collect information required to do a background investigation. For CP who have a current background investigation, the Contractor/PM/CP will be notified by the OST Security Office if the E-QIP is required. CP will be granted access to the EQIP system after the USDOT 1600.8 is submitted to USDOT Personnel Security by the field specialist/COR. CP will receive an email from the OST Security Office and/or the USDOT Personnel Security with a link to the E-QIP system. The e-mail will also contain instructions on the required actions and documents that must be completed and submitted to the COR. Note that the documents may be hand carried to USDOT Personnel Security by the PM or CP provided that they are escorted by the COR.

(5) Once the items listed above are received and processed by USDOT Personnel Security, and the PM or CP receive notification that CP may report for duty, the COR will initiate a request for USDOT network access. When that access is received, which may take several days, CP will receive e-mail instructions for applying for a USDOT identification (ID) card. The process to receive the ID card is governed by OST Security Office and may also take

http://dotnet.dot.gov/forms/index.html

http://sat.dot.gov/


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several days.

(6) If, due to the results of the background check or any other reason, CP are found to be unsuitable for work under a FHWA contract, the COR will notify the Contractor/PM.

43. CONTRACTOR PERSONNEL-OUT PROCESSING This local clause is applicable to contracts that have or will have one or more of the following: (a) Contractor Personnel (CP) working onsite in USDOT facilities. (b) CP who require USDOT network access. (c) CP who require access to sensitive information. (d) CP who require access to USDOT resources.

Contractor companies shall ensure that their personnel properly out-process USDOT when leaving a position supporting USDOT contract activities. The Contracting Officer MAY WITHHOLD PAYMENT OF PENDING INVOICES until CP are properly out-processed. All questions relating to out-processing USDOT should be directed to the COR or the Contracting Officer. At a minimum, the following must be accomplished by the Contractor’s Program Manager or CP prior to CP departure from USDOT: (a) Return ALL Government property assigned to CP. (b) Contact the USDOT Service Request Manager (SRM) for removal of USDOT network access privileges, computer accounts, and authentication tokens, such as network accounts in Active Directory, Virtual Private Network, and Shared-drive access. The COR can provide the name for the SRM for the program office. (c) Turn in USDOT identification card to the COR.

44. U.S. DEPARTMENT OF TRANSPORTATION (USDOT) CONTRACTOR PERSONNEL SECURITY AND AGENCY ACCESS (NOVEMBER 2011) The following definitions are provided:

• “Agency Access” means access to USDOT facilities, sensitive information,

information systems or other USDOT resources. • “Applicant” is a Contractor employee for whom the Contractor submits an application

for a USDOT identification card. • “Contractor Employee” means prime Contractor and Subcontractor employees

who require agency access to perform work under a USDOT contract. • “Identification Card” (or “ID card”) means a Government issued or accepted

identification card such as a Personal Identity Verification (PIV) card, a PIV- Interoperable (PIV-I) card from an authorized PIV-I issuer, or a non-PIV card issued by USDOT, or a non-PIV card issued by another Federal agency and approved by USDOT. PIV and PIV-I cards have physical and electronic attributes that other (non-PIV) ID cards do not have.


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• “Issuing Office” means the USDOT entity that issues identification cards to Contractor employees.

• “Local Security Servicing Organization” means the USDOT entity that provides security services to the USDOT organization sponsoring the contract.

(a) Risk and Sensitivity Level Designations – For contracts requiring access to USDOT facilities, sensitive information, information systems or other USDOT resources, the Contractor employees will be required to complete background investigations, identity proofing, and Government identification card application procedures to determine suitability for access. USDOT will assign a risk and sensitivity level designation to the overall contract and/or to Contractor employee positions by category, group or individual. The risk and sensitivity level designations will be the basis for determining the level of personnel security processing required for Contractor employees. IF THE DESIGNATED RISK IS: THE BACKGROUND INVESTIGATION IS: Low National Agency Check with Written Inquiries (NACI) Moderate Minimum Background Investigation (MBI) High Background Investigation (BI) Contractor employees may also be required to obtain security clearances (i.e., Confidential, Secret, or Top Secret). National Security work designated “special sensitive,” “critical sensitive,” or “non-critical sensitive” will determine the level of clearance required for Contractor employees. Personnel security clearances for national security contracts in USDOT will be processed according to the Department of Defense National Industrial Security Program Operating Manual (NISPOM). (b) Pre-screening of Contractor Employees - The Contractor must pre-screen individuals designated for employment under any USDOT contract by verifying minimal suitability requirements to ensure that only quality candidates are considered for contract employment, and to mitigate the burden on the Government of conducting background investigations on objectionable applicants. The Contractor must exercise due diligence in pre-screening all employees prior to submission to USDOT for agency access. USDOT may decline to grant agency access to a Contractor employee for reasons including, but not limited to:

(1) Conviction of a felony, a crime of violence, or a misdemeanor involving moral turpitude. (2) Falsification of information entered on forms or of other documents submitted. (3) Improper conduct including criminal, infamous, dishonest, immoral, or notoriously

disgraceful conduct or other conduct adverse to the Government regardless of whether the conduct is directly related to the contract.

(4) Any behavior judged to pose a potential threat to USDOT facilities, sensitive information, information systems or other resources.


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(c) Citizenship and Alien Status - The Contractor must monitor an alien’s continued authorization for employment in the United States. The Contractor must provide documentation to the Contracting Officer or the Contracting Officer’s Representative during the background investigation process that validates that the E-Verify requirement has been met for each Contractor employee. (d) Background Investigation and Adjudication – The Contractor employee must have a favorable adjudication of background investigation before USDOT will issue an ID card to the Contractor employee granting access to USDOT facilities, sensitive information, information systems or other USDOT resources. USDOT may accept favorable adjudications of background investigations from other Federal agencies when applicants have held PIV cards issued by those agencies with no break in service. USDOT may also accept PIV-I (interoperable) cards issued by an authorized PIV-I issuer as evidence of identity. A favorable adjudication does not preclude USDOT from initiating a new investigation when deemed necessary. At a minimum, the FBI National Criminal History Check (fingerprint check) must be favorably completed before a USDOT identification card can be issued. Each Contractor must use the Office of Personnel Management’s (OPM) e-QIP system to complete any required investigative forms. Instructions for obtaining fingerprints will be provided by the COR or CO. The USDOT Office of Security, M-40, or a USDOT organization delegated authority by M-40, is responsible for adjudicating the suitability of Contractor employees. (e) Agency Access Denied – Upon contract award, USDOT will initiate the agency access procedure for all Contractor employees requiring access to USDOT facilities, sensitive information, information systems and other USDOT resources for contract performance. USDOT may deny agency access to any individual about whom an adverse suitability determination is made. Failure to submit the required security information or to truthfully answer all questions shall constitute grounds for denial of access. The Contractor must not provide agency access to Contractor employees until the COR or CO provides notice of approval, which is authorized only by the USDOT Office of Security (M-40) or a USDOT organization delegated authority by M-40. Where a proposed Contractor’s employees are denied agency access by the Government or, if for any reason proposed applications are withdrawn by the Contractor during the agency access process, the additional costs and administrative burden for conducting additional background investigations caused by a lack of effective pre-screening or planning on the part of the Contractor may be considered as part of the Contractor’s overall performance evaluation. (f) Identification Card Application Process - The COR will be the USDOT ID card Sponsor and point of contact for the Contractor’s application for a USDOT ID card. The COR shall review and approve the USDOT ID card application before an ID card is issued to the applicant. An applicant may be issued either a Personal Identity Verification (PIV) card that meets the standards of Homeland Presidential Security Directive (HSPD-12), or an applicant may be issued a non-PIV card. Generally, a non-PIV card will be issued for contracts that expire in six (6) months or less, including option periods. The COR may request the issuing office to waive the six (6) month eligibility requirement when it is in USDOT’s interest for contract


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performance. The applicant must complete a USDOT on-line application for a PIV card. For a non-PIV card, the applicant must complete and submit a hard copy of Form 1681 to the COR/ Sponsor. Regardless of the type of card to be issued (PIV or non-PIV), the applicant must appear in- person to provide two forms of identity source documents in original form to USDOT. The identity source documents must come from the list of acceptable documents included in Form I- 9, OMB No. 1115-0136, Employment Eligibility Verification. At least one document must be a valid State or Federal Government-issued picture identification. For a PIV card, the applicant may be required to appear in-person a second time for enrollment and activation. (g) Identification Card Custody and Control – The Contractor is responsible for the custody and control of all forms of Government identification issued by USDOT to Contractor employees for access to USDOT facilities, sensitive information, information systems and other USDOT resources. The Contractor must immediately notify the COR or, if the COR is unavailable, the CO when a Contractor employee no longer requires agency access due to transfer, completion of a project, retirement, removal from work on the contract, or termination of employment. The Contractor is responsible for maintaining and safeguarding the USDOT ID card upon issuance to the Contractor employee. The Contractor must ensure that Contractor employees comply with USDOT requirements concerning the renewal, loss, theft, or damage of an ID card. The Contractor must immediately notify the COR or, if the COR is unavailable, the CO when an ID card is lost, stolen or damaged. Failure to comply with the requirements for custody and control of USDOT ID cards may result in withholding final payment or contract termination based on the potential for serious harm caused by inappropriate access to USDOT facilities, sensitive information, information systems or other USDOT resources.

(1) Renewal: A Contractor employee’s USDOT issued ID card is valid for a maximum of three (3) years or until the contract expiration date (including option periods), whichever occurs first. The renewal process should begin six (6) weeks before the PIV card expiration date. If a PIV card is not renewed before it expires, the Contractor employee will be required to sign-in daily for facility access and may have limited access to information systems and other resources.

(2) Lost/Stolen: Immediately upon detection, the Contractor or Contractor employee must report a lost or stolen USDOT ID card to the COR, or if the COR is unavailable, the CO, the issuing office, or the local servicing security organization. The Contractor must submit an incident report within 48 hours, through the COR or, if the COR is unavailable, the CO, the issuing office, or the local security servicing organization describing the circumstances of the loss or theft. The Contractor must also report a lost or stolen PIV card through the USDOT on-line registration system. If the loss or theft is reported by the Contractor to the local police, a copy of the police report must be


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provided to the COR or CO. From the date of notification to USDOT, the Contractor must wait three (3) days before getting a replacement ID card. During the 3-day wait period, the Contractor employee must sign in daily for facility access.

(3) Replacement: An ID card will be replaced if it is damaged, contains incorrect data, or is lost or stolen for more than 3 days, provided there is a continuing need for agency access to perform work under the contract.

(h) Surrender of ID Cards – Upon notification that routine access to USDOT facilities, sensitive information, information systems or other USDOT resources is no longer required, the Contractor must surrender the USDOT issued ID card to the COR, or if the COR is unavailable, the CO, the issuing office, or the local security servicing organization in accordance with agency procedures. Use of This Clause - The Contractor is required to include these clauses in any subcontracts that require the Subcontractor or Subcontractor’s employees to have access to USDOT facilities, sensitive information, information systems or other resources. 45. 1252.237-70 QUALIFICATIONS OF CONTRACTOR EMPLOYEES (DEVIATION). (MAY 2005) - ALTERNATE I (OCT 2005) (a) Definitions. As used in this clause - "Sensitive Information" is any information that, if subject to unauthorized access, modification, loss, or misuse, or is proprietary data, could adversely affect the national interest, the conduct of Federal programs, or the privacy of individuals specified in The Privacy Act, 5 U.S.C. 552a, but has not been specifically authorized under criteria established by an Executive Order or an Act of Congress to be kept secret in the interest of national defense or foreign policy. (b) Work under this contract may involve access to DOT facilities, sensitive information, or resources (e.g., computer systems). To protect sensitive information, which shall not be disclosed by the Contractor unless authorized in writing by the contracting officer, the Contractor shall provide training to any Contractor employees authorized to access sensitive information, and upon request of the Government, provide information to assist the Government in determining an individual's suitability to have authorization. (c) The Contracting Officer may require dismissal from work under this contract those employees deemed incompetent, careless, insubordinate, unsuitable, or otherwise objectionable, or whose continued employment is deemed contrary to the public interest or inconsistent with the best interest of national security. (d) Contractor employees working on this contract must complete such forms as may be necessary for security or other reasons, including the conduct of background investigations to determine suitability. Completed forms shall be submitted as directed by the Contracting Officer. Upon the Contracting Officer's Representative (COR) or Project/Program manager (PM) request, the Contractor's employees shall be fingerprinted, or subject to other investigations as required.


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(e) The Contractor shall ensure that Contractor employees are citizens of the United States of America or aliens who has been lawfully admitted for permanent residence or employment (indicated by immigration status) as evidenced by Bureau of Citizenship and Immigration Services documentation; and (f) The Contractor shall immediately notify the COR or PM when an employee’s status changes (e.g., employees transfer, completion of a project, retirement or termination of employment) that may affect the employee’s eligibility for access to the facility, sensitive information, or resources. (g) To ensure the requirements of FIPS 201, Personal Identity Verification (PIV) or Federal Employees and Contractors, are met, the Contractor shall: (1) Provide a listing of personnel for whom an identification (ID) card is requested to the COR or PM who will provide a copy of the listing to the card issuing office. This may include Contractor and subcontractor personnel. Follow issuing office directions for submittal of an application package(s). (2) While visiting or performing on a DOT facility, as specified by the issuing office, PM, or COR, ensure that Contractor employees prominently display their identification card. (3) Promptly deliver to the issuing office; (1) all ID cards assigned to an employee who no longer requires access to the facility; and (2) all expired ID cards within five (5) days of their expiration or all cards at time of contract termination, whichever occurs first. (4) Immediately report any lost or stolen ID cards to the issuing office and follow their instructions. (h) The Contractor shall include the substance of this clause in all subcontracts at any tier where the subcontractor may have access to Government facilities, sensitive information, or resources. (i) Failure to comply with these requirements may result in withholding of final payment. 46. ORGANIZATIONAL CONFLICT OF INTEREST AND LIMITATION ON FUTURE CONTRACTING It is anticipated that Contractor personnel performing work under this contract will receive, have access to, or participate in the development of proprietary or source selection information (e.g., cost or pricing information, budget information or analyses, specifications or work statements, etc.), or perform evaluation services which may create a current or subsequent Organizational Conflict of Interests (OCI) as defined in FAR Subpart 9.5. Therefore, the Contractor is expressly prohibited from competing on all related work.


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47. CONTRACTOR PERSONNEL IDENTIFICATION, (APPLICABLE TO ANY WORK PERFORMED ON-SITE AT USDOT) Contractors requesting an initial or renewal identification (ID) badge must complete the Identification Card/Credential Application (DOT F1681). All Contractors who have access to DOT facilities, sensitive information, and/or resources must complete the Questionnaire for Public Trust Positions (SF-85P) form. Copies of these forms will be provided to the Contractor at award. The only exception to completing and submitting the SF-85P will be for those Contractors serving on a contract for less than 120 days, and Contractors who already have completed background investigations. Contractors who will work for less than 120 days will be subject to a fingerprint check. If the Contractor’s position is extended beyond 120 days, however, he or she will be required to complete the SF-85P, which is the office form required to initiate background investigations. To obtain an initial identification badge, Contractors must submit the completed SF-85P, and the DOT F1681 signed by the appropriate COR. A staff member from the Office of Human Resources (HR) will serve as authorizing official for identification badges. New Contractors should bring both forms to HR for review and authorization prior to being photographed for a badge. The HR Staff checks to see if the Contractor has a completed investigation. If an investigation can be verified, the DOT F1681 is authorized by HR Staff. The Contractor can then proceed to the Office of the Secretary (OST) Security Processing Office to obtain a new ID. If the HR Staff cannot verify an investigation, they will contact the OST Security Processing Office so that they can query additional records in an effort to find the information. In the event the Security Office cannot verify the investigation, the contactor will have to complete a new SF-85P and be fingerprinted prior to HR Staff signing the DOT F1681. Once the necessary paperwork is completed, Contractors can proceed to the OST Security Processing Office to receive new photo identification. NOTE: Contractors will not be allowed to obtain or renew identification badges unless they have had a suitability investigation. Contractor personnel will not be granted access to USDOT Information Technology Systems until they have obtained an identification badge. 48. INFORMATION SECURITY REQUIREMENTS, (APPLICABLE TO ANY WORK PERFORMED ON-SITE AT USDOT) Access to Sensitive Information. Work under the Contract may involve access to sensitive information* which shall not be disclosed by the Contractor unless authorized by the CO. To protect sensitive information, the Contractor shall provide training to any Contractor employee authorized access to sensitive information and, upon request of the Government, provide information as to an individual’s suitability to have such authorization. Contractor employees found by the Government to be unsuitable or whose employment is deemed contrary to the public interest or inconsistent with the best interest of national security may be prevented from performing work under the particular agreement when requested by the CO.


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The Contractor shall ensure that Contractor employees are: (1) citizens of the United States of America or an alien who has been lawfully admitted for permanent residence or employment (indicated by immigration status) as evidenced by Immigration and Naturalization Service documentation; and (2) have background investigations in accordance with DOT Order 1632.2B, Personnel Security Management. The Contractor shall include the above requirements in any subcontract awarded involving access to Government facilities, sensitive information, and/or resources. Sensitive information is proprietary data or other information that, if subject to unauthorized access, modification, loss or misuse could adversely affect national interest, conduct of Federal programs, or privacy of individuals specified in the Privacy Act, but has not been specifically authorized to be kept secret in the interest of national defense or foreign policy under an Executive Order or Act of Congress. In addition to the work requirements specified in the Contract, Contractors shall ensure that all electronic documents that they prepare will meet the requirements of Section 508 of the Rehabilitation Act. The act requires that all electronic products prepared for the Federal Government be accessible to persons with disabilities, including those with vision, hearing, cognitive, and mobility impairments. 49. PRINTING RESTRICTIONS

All printing must be done in conformance with Joint Committee on Printing regulations as prescribed in Title 44, United States Code, and Section 308 of Public Law 101-163, and all applicable Government Publishing Office and Department of Transportation regulations.


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PART IV INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

1. COMPETITION REQUIREMENTS This requirement is being solicited as a competitive 8(a) set-aside under FAR Part 19.8. 2. INSTRUCTIONS FOR PREPARATION FOR PROPOSALS Clarity and completeness are of the utmost importance in the proposal. With the exceptions of the responsibility determination and past performance evaluations, only material contained within the proposal will be considered in the source selection evaluation and selection process. A. PROPOSAL FORMAT

The format of the proposal volumes discussed below shall be as follows: (a) Proposal shall be formatted for 8½ x 11-inch paper. (b) A page is defined as one side of an 8 ½ by 11-inch sheet of paper. (c) Text shall be printed using a Times New Roman or Arial font, size no less

than 12-point font. (d) Page margins (exclusive of headers and footers) shall be a minimum of

1inch top, bottom and each side. Columns shall not be used as they are difficult to read electronically.

(e) Footnotes, legends, or labels associated with tables or diagrams, and other information that is ancillary to the main text, may be presented in a font size smaller than 12-point font---provided that any such smaller font is fully legible.

(f) Cover page, cover letters, title pages, divider pages, tables of contents, and resumes are not included in the page limits.

NOTE: Offerors shall submit their proposal electronically to [email protected] and [email protected]. Please include the solicitation number in the subject line of the email.

Proposal Volumes Electronic Proposal Format Volume I-Technical

Proposal Email with each proposal volume attached as individual files. The subject line must read: “Proposal for 693JJ320R000002”

Do not zip your files. Submission should be limited to 8MB or less

Volume II- Business and Price Proposal




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B. PROPOSAL CONTENT AND CONFIGURATION Each proposal shall be broken out into the volumes and parts described below: Volume I – Technical Proposal

This volume shall consist of two parts and shall not exceed 20 pages. Any resumes submitted shall be limited to two pages in length are not included in the page total. No cost/price data shall be included in any part of Volume I. NOTE: The offeror shall indicate under Volume I of the proposal, the name(s) and title(s) of the person(s) who actually writes the proposal and his/her relationship to the offering organization. Part I – Technical Approach The proposal shall not simply repeat the SOW requirements, but instead the Offeror shall:

1. Clearly describe the understanding and plan to accomplish the work defined in each of the tasks.

2. Demonstrate project management controls for the work and define quality deliverables and quality control measures to be used.

Part II – Staffing Proposal/Resumes The Offeror shall provide a staffing plan that includes:

1. Academic credentials and professional experience of the Off-Site Program Manager to ensure compliance with contractual requirements.

2. Team organization, management approach, and lines of communication between team members, including subcontractors.

3. Development plan for monitoring, evaluating, and systematically improving the skills and capabilities of personnel.

4. Description of how the Contractor will obtain qualified personnel and plans to replace personnel over the life of the Contract without any adverse impact on performance, including a commitment of timeframes for assigning replacements.

5. Continuity of service plan defining how the Contractor will maintain services during Contractor personnel absences or periods of unfilled positions.

Volume II – Business and Price Proposal (Parts I-IV) shall consist of the following:

Part I – Price Information

(a) The Government’s required labor categories are located in Part II of this RFP for all

Offerors as input to their price proposal preparation. Price proposals must adhere to the pricing structure established in the attached “Pricing Table for Administrative Support.” Offerors are required to fill-in and submit the completed pricing structure in its


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proposal submission. Offerors shall not modify the pricing table and shall not add, remove, change labor categories or the format of the Excel spreadsheet in any way.

i. The proposed fully loaded rates shall include all Contractor and

Subcontractor employee labor with all proportional overhead, fringe, profit/fee, G&A, etc. included in the rates. The Offeror shall provide one labor rate for each category for each year.

ii. Labor rates shall be rounded to the closest whole dollar amount, with cents omitted.

iii. The yearly escalation shall not exceed 3% for each contract year.

(b) Offerors shall submit all (if any) assumptions or conditions upon which the Price Proposal is based. Note that assumptions or conditions that are non-conforming to the Government terms and conditions may result in a higher risk assessment.

Part II – Other Financial / Organizational

Provide the following information: (a) Terminated Contracts - List any contract that was terminated for

convenience of the Government within the past 3 years, and any contract that was terminated for default within the past 5 years. Briefly explain the circumstances in each instance. Indicate any cure notices within the last 5 years and explain the circumstances in each instance.

(b) A completed copy of FAR 52.212-3, if the offeror is not registered and

completed their representations and certifications in the System for Award Management.

(c) Conflicts of Interest - The offeror shall provide a brief statement in its

proposal that describes in a concise manner all past, present or planned organizational, contractual or other interest(s), which may affect the offeror’s ability to perform the proposed contract in an impartial and objective manner. The Contracting Officer will review the statement and may require additional relevant information from the Offerors. In accordance with FAR Subpart 9.5, all such information, and any other relevant information known to DOT, will be used to determine whether an award to the Offerors may create an actual or potential conflict of interest. If any such conflict of interest is found to exist, the Contracting Officer may (a) disqualify the Offerors, or (b) determine that it is otherwise in the best interest of the United States to contract with the Offerors and include appropriate provisions to mitigate or avoid such conflict in the contract awarded.


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Part III - Past Performance The Offeror shall submit in its proposal past performance references for no more than five relevant contracts or subcontracts performed by the Offeror, its predecessor companies, its key personnel who have relevant experience, or its performance as a subcontractor performing major or critical aspects of the requirement, relevant contracts/subcontractors are those similar in nature to the requirements of the solicitation and performed within the last three years. Each past performance reference shall not exceed two pages for a total maximum page count of 10 pages. Each past performance reference must contain contact information (name, agency or business, title, telephone number, and email address) for the CO and COR if a federal contract or subcontract, or equivalent positions if non-federal, as well as the contract number with agency or business name, total potential value, value of work completed, description of the work performed by the Offeror, and the period of performance. Each reference must indicate clearly whether the work was performed by the Offeror as a prime or a subcontractor, by a predecessor company, or by key personnel.

Part IV - Subcontracts / Consultants

If subcontractors and/or individual consultants will be used in carrying out the requirements of this project, the following minimum information concerning the subcontractor shall be furnished:

(a) Name, DUNS, address, point of contact, and telephone number of the subcontractor

or consultant.

(b) Names and positions of personnel who will work on the project.

C. AUTHORIZED OFFICIAL AND SUBMISSION OF PROPOSAL Proposals must be signed by an official authorized to bind your organization and must stipulate that it is predicated upon all the terms and conditions of this RFP.

D. PROCUREMENT INTEGRITY ACT REQUIREMENTS Your attention is directed to the provision 52.215-1(e) and FAR 3.104-4 for a discussion on marking and protecting proposal information. Offerors should put the following notice on the top of each copy of its proposal:

This proposal shall be used and disclosed for evaluation purposes only, and a copy of this Government notice shall be applied to any reproduction or abstract, thereof. Any authorized restrictive notices that the submitter places on this proposal shall also be strictly followed. Disclosure of this proposal outside the Government for evaluation purposes shall be made only to the extent authorized by, and in accordance with law.


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E. IMPORTANT DELIVERY INFORMATION The proposal is due no later than the time and due date specified on page 1 of this RFP. To be considered timely, the proposal must be received via email to the inboxes identified on page 1 by the time and due date specified. It is the offeror’s responsibility to ensure their proposal is sent with sufficient time to ensure proper proposal receipt. Electronic proposals must be received no later than the time and due date specified delivered to:

[email protected] and [email protected]

F. AWARD

Until a formal notice of award is issued, no communication by the Government either written or oral shall be interpreted as a promise that an award will be made. The CO is the only individual who can legally commit or obligate the Government to expend public funds. No cost chargeable to the proposed Contract can be incurred before receipt of a fully executed contract or specific written authorization from the CO. The Government expects to award without discussions. Therefore, your initial offer should contain your best terms from a price and technical standpoint.




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PART V EVALUATION FACTORS FOR AWARD

1. EVALUATION CRITERIA This is a competitive 8(a) set-aside acquisition solicited in accordance with FAR Subpart 19.8-Contracting with the Small Business Administration (The 8(a) Program). Award will be made to the Offeror(s) whose proposal conforms to the solicitation requirements; who is determined responsible in accordance with FAR Subpart 9.1 by possessing the financial and other capabilities to fulfill the requirements of the contract; and whose proposal is evaluated by an integrated assessment of price and non-price evaluation factors, to provide the best value to the Government. In determining which proposal provides the best value to the Government, an integrated evaluation and assessment of offers will be conducted. The evaluation will consist of three factors: Technical, Past Performance, and Price. The Technical and Past Performance factors are of equal importance, and when the two non-price factors (Technical and Past Performance) are combined, they are approximately equal to price. A. TECHNICAL EVALUATION Technical proposals will be evaluated and assessed based on the following criteria of equal importance. Sub criteria are relatively equal in importance.

1. Strength of plan to meet the contract objectives and accomplish each task, including: a. Understanding of the work. b. Project Management controls. c. Quality control measures.

2. Staffing plan including:

a. Adequate academic credentials and professional experience of the Off-Site Program Manager.

b. Adequate team organization, management approach, and lines of communication. c. Adequate team member development plan. d. Adequate plan for obtaining and replacing contract personnel. e. Adequate continuity of service plan.

B. PAST PERFORMANCE EVALUATION Past performance information is evaluated as a predictor of future contract performance. Using past performance information for each Offeror, the Government will assess the probability that this requirement will be successfully completed in accordance with contract terms. The Government will evaluate the merits of the Offeror's past performance on the basis of its performance record. The Government will consider the following areas of relatively equal importance in its evaluation of past performance:


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(1) Timeliness – Delivery or Performance (2) Quality of products or services provided (3) Cost control (4) Relevance of the prior work to the requirements of the solicitation including

scope, size, and currency. (5) Overall Management of the project (6) Utilization of Small Business (7) General trends in past performance.

The Government will consider past performance information submitted by the Offeror on its predecessor companies, key personnel who have relevant experience, or its performance as a subcontractor performing major or critical aspects of the requirement. Offerors may provide information on problems encountered on identified contracts and the Offeror's corrective actions. The Government reserves the right to assess the past performance of proposed subcontractors. The Government will use its discretion to determine the sources of past performance information used in the evaluation, and the information may be obtained from references provided by the Offeror, the agency’s knowledge of Contractor performance, other Government agencies or commercial entities, or past performance databases. In the case of an Offeror without a record of relevant past performance or for whom information on past performance is not available, the Offeror will not be evaluated favorably or unfavorably. C. PRICE EVALUATION

Proposed prices will be evaluated but not scored. The price evaluation will determine whether the proposed prices are complete and reasonable in relation to the solicitation requirements and market rates. Proposed prices must be entirely compatible with the technical proposal and consistent with the pricing requirements listed in this solicitation. To evaluate prices for award purposes, the Government will apply the offeror’s proposed fully burdened fixed-prices/rates to the Government's estimated quantities of use over the life of the contract as estimated in the Independent Government Cost Estimate (IGCE). The IGCE will not be disclosed to the public.


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PART VI FEDERAL ACQUISITION REGULATION (FAR) AND TRANSPORTATION

ACQUISITION REGULATION (TAR) PROVISIONS AND CLAUSES PROVISIONS: 52.252-1 Solicitation Provisions Incorporated by Reference (FEB 1998) This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): https://www.acquisition.gov/browse/index/far Provisions by Reference 52.203-2 Certificate of Independent Price Determination (APR 1985) 52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal

Transactions (SEP 2007) 52.204-7 System for Award Management (OCT 2018) 52.204-16 Commercial and Government Entity Code Reporting (JUL 2016) 52.204-17 Ownership or Control of Offeror (JUL 2016) 52.204-22 Alternative Line Item Proposal (JAN 2017) 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance

Services or Equipment (AUG 2019) 52.212-1 Instructions to Offerors—Commercial Items (OCT 2018) 52.212-2 Evaluation—Commercial Items (OCT 2014) 52.216-31 Time-and-Materials/Labor-Hour Proposal Requirements-Commercial Item

Acquisition. (FEB 2007) 52.219-1 Small Business Program Representations (OCT 2014) 52.222-24 Preaward On-Site Equal Opportunity Compliance Evaluation (FEB 1999) Provisions by Full Text

52.212-3 Offeror Representations and Certifications -- Commercial Items (Oct 2018)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u)) of this provision.

(a) Definitions. As used in this provision--


https://www.sam.gov/


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“Economically disadvantaged women-owned small business (EDWOSB) concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

“Forced or indentured child labor” means all work or service—

(6) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(7) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

“Highest-level owner” means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest-level owner.

“Immediate owner” means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

“Inverted domestic corporation,” means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

“Manufactured end product” means any end product in product and service codes (PSCs) 1000-9999, except—

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;


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(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

“Predecessor” means an entity that is replaced by a successor and includes any predecessors of the predecessor.

“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

Sensitive technology—

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and


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(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

“Service-disabled veteran-owned small business concern”—

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

“Small business concern” means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.

“Small disadvantaged business concern, consistent with 13 CFR 124.1002,” means a small business concern under the size standard applicable to the acquisition, that--

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

“Subsidiary” means an entity in which more than 50 percent of the entity is owned—

(1) Directly by a parent corporation; or


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(2) Through another subsidiary of a parent corporation.

“Successor” means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

“Veteran-owned small business concern” means a small business concern—

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

“Women-owned business concern” means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

“Women-owned small business concern” means a small business concern --

(1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

“Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127),” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.

(b)

(1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications in SAM.

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and

http://www.sam.gov/


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Certifications--Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs __. [Offeror to identify the applicable paragraphs at (c) through (u) of this provision that the offeror has completed for the purposes of this solicitation only, if any. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

(c) Offerors must complete the following representations when the resulting contract is to be performed in the United States or its outlying areas. Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that it [_] is, [_] is not a small business concern.

(2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it [_] is, [_] is not a veteran-owned small business concern.

(3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it [_] is, [_] is not a service-disabled veteran-owned small business concern.

(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [_] is, [_] is not, a small disadvantaged business concern as defined in 13 CFR 124.1002.

(5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [_] is, [_] is not a women-owned small business concern.

Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold.

(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that—

(i) It [_] is, [_] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in


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circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [_] is, [_] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: _________.] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that—

(i) It [_] is, [_] is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [_] is, [_] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: _____________.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

(8) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [_] is, a women-owned business concern.

(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:

___________________________________________

(10) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that--

(i) It [_] is, [_] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns


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maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR part 126; and

(ii) It [_] is, [_] is not a HUBZone joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: __________.] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

(d) Representations required to implement provisions of Executive Order 11246 --

(1) Previous contracts and compliance. The offeror represents that --

(i) It [_] has, [_] has not, participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; and

(ii) It [_] has, [_] has not, filed all required compliance reports.

(2) Affirmative Action Compliance. The offeror represents that --

(i) It [_] has developed and has on file, [_] has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR parts 60-1 and 60-2), or

(ii) It [_] has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.

(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

(f) Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American – Supplies, is included in this solicitation.)


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(1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.” The terms “commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “end product,” “foreign end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American—Supplies.”

(2) Foreign End Products:

LINE ITEM NO. COUNTRY OF ORIGIN

[List as necessary]

(3) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25.

(g)

(1) Buy American -- Free Trade Agreements -- Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American -- Free Trade Agreements -- Israeli Trade Act, is included in this solicitation.)

(i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms “Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product,” “commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “end product,” “foreign end product,” “Free Trade Agreement country,” “Free Trade Agreement country end product,” “Israeli end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American--Free Trade Agreements--Israeli Trade Act.”

(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements—Israeli Trade Act”:


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Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products:


[List as necessary]

(iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) or this provision) as defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements—Israeli Trade Act.” The offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.”

Other Foreign End Products:


[List as necessary]

(iv) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25.

(2) Buy American—Free Trade Agreements—Israeli Trade Act Certificate, Alternate I. If Alternate I to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products as defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements—Israeli Trade Act”:

Canadian End Products:

Line Item No.:

___________________________________________


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[List as necessary]

(3) Buy American—Free Trade Agreements—Israeli Trade Act Certificate, Alternate II. If Alternate II to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products or Israeli end products as defined in the clause of this solicitation entitled “Buy American--Free Trade Agreements--Israeli Trade Act'':

Canadian or Israeli End Products:

Line Item No.: Country of Origin:

[List as necessary]

(4) Buy American—Free Trade Agreements—Israeli Trade Act Certificate, Alternate III. If Alternate III to the clause at 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

(g)(1)(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements—Israeli Trade Act”:

Free Trade Agreement Country End Products (Other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products:


[List as necessary]

(5) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is included in this solicitation.)


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(i) The offeror certifies that each end product, except those listed in paragraph (g)(5)(ii) of this provision, is a U.S.-made or designated country end product as defined in the clause of this solicitation entitled “Trade Agreements.”

(ii) The offeror shall list as other end products those end products that are not U.S.-made or designated country end products.

Other End Products


[List as necessary]

(iii) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American statute. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for such products are insufficient to fulfill the requirements of the solicitation.

(h) Certification Regarding Responsibility Matters (Executive Order 12689). (Applies only if the contract value is expected to exceed the simplified acquisition threshold.) The offeror certifies, to the best of its knowledge and belief, that the offeror and/or any of its principals--

(1) [_] Are, [_] are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(2) [_] Have, [_] have not, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a Federal, state or local government contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property; and

(3) [_] Are, [_] are not presently indicted for, or otherwise criminally or civilly charged by a Government entity with, commission of any of these offenses enumerated in paragraph (h)(2) of this clause; and


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(4) [_] Have, [_] have not, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,500 for which the liability remains unsatisfied.

(i) Taxes are considered delinquent if both of the following criteria apply:

(A) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(B) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(ii) Examples.

(A) The taxpayer has received a statutory notice of deficiency, under I.R.C. §6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appear rights.

(B) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. §6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals Contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(C) The taxpayer has entered into an installment agreement pursuant to I.R.C. §6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

(D) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. §362 (the Bankruptcy Code).


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(i) Certification Regarding Knowledge of Child Labor for Listed End Products (Executive Order 13126). [The Contracting Officer must list in paragraph (i)(1) any end products being acquired under this solicitation that are included in the List of Products Requiring Contractor Certification as to Forced or Indentured Child Labor, unless excluded at 22.1503(b).]

(1) Listed End Product

Listed End Product: Listed Countries of Origin:

(2) Certification. [If the Contracting Officer has identified end products and countries of origin in paragraph (i)(1) of this provision, then the offeror must certify to either (i)(2)(i) or (i)(2)(ii) by checking the appropriate block.]

[_] (i) The offeror will not supply any end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product.

[_] (ii) The offeror may supply an end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. The offeror certifies that is has made a good faith effort to determine whether forced or indentured child labor was used to mine, produce, or manufacture any such end product furnished under this contract. On the basis of those efforts, the offeror certifies that it is not aware of any such use of child labor.

(j) Place of manufacture. (Does not apply unless the solicitation is predominantly for the acquisition of manufactured end products.) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly—

(1) [_] In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United States); or

(2) [_] Outside the United States.

(k) Certificates regarding exemptions from the application of the Service Contract Labor Standards. (Certification by the offeror as to its compliance with respect to the contract also constitutes its certification as to compliance by its subcontractor if it subcontracts out the exempt services.) [The contracting officer is to check a box to indicate if paragraph (k)(1) or (k)(2) applies.]


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(1) [_] Maintenance, calibration, or repair of certain equipment as described in FAR 22.1003-4(c)(1). The offeror [_] does [_] does not certify that—

(i) The items of equipment to be serviced under this contract are used regularly for other than Governmental purposes and are sold or traded by the offeror (or subcontractor in the case of an exempt subcontract) in substantial quantities to the general public in the course of normal business operations;

(ii) The services will be furnished at prices which are, or are based on, established catalog or market prices (see FAR 22.1003-4(c)(2)(ii)) for the maintenance, calibration, or repair of such equipment; and

(iii) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract will be the same as that used for these employees and equivalent employees servicing the same equipment of commercial customers.

(2) [_] Certain services as described in FAR 22.1003-4(d)(1). The offeror [_] does [_] does not certify that—

(i) The services under the contract are offered and sold regularly to non-Governmental customers, and are provided by the offeror (or subcontractor in the case of an exempt subcontract) to the general public in substantial quantities in the course of normal business operations;

(ii) The contract services will be furnished at prices that are, or are based on, established catalog or market prices (see FAR 22.1003-4(d)(2)(iii));

(iii) Each service employee who will perform the services under the contract will spend only a small portion of his or her time (a monthly average of less than 20 percent of the available hours on an annualized basis, or less than 20 percent of available hours during the contract period if the contract period is less than a month) servicing the Government contract; and

(iv) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract is the same as that used for these employees and equivalent employees servicing commercial customers.

(3) If paragraph (k)(1) or (k)(2) of this clause applies—

(i) If the offeror does not certify to the conditions in paragraph (k)(1) or (k)(2) and the Contracting Officer did not attach a Service Contract Labor Standards wage determination to the solicitation, the offeror shall notify the Contracting Officer as soon as possible; and


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(ii) The Contracting Officer may not make an award to the offeror if the offeror fails to execute the certification in paragraph (k)(1) or (k)(2) of this clause or to contact the Contracting Officer as required in paragraph (k)(3)(i) of this clause.

(l) Taxpayer identification number (TIN) (26 U.S.C. 6109, 31 U.S.C. 7701). (Not applicable if the offeror is required to provide this information to the SAM database to be eligible for award.)

(1) All offerors must submit the information required in paragraphs (l)(3) through (l)(5) of this provision to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by the Internal Revenue Service (IRS).

(2) The TIN may be used by the government to collect and report on any delinquent amounts arising out of the offeror’s relationship with the Government (31 U.S.C. 7701(c)(3)). If the resulting contract is subject to the payment reporting requirements described in FAR 4.904, the TIN provided hereunder may be matched with IRS records to verify the accuracy of the offeror’s TIN.

(3) Taxpayer Identification Number (TIN).

[_] TIN:_____________________.

[_] TIN has been applied for.

[_] TIN is not required because:

[_] Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying agent in the United States;

[_] Offeror is an agency or instrumentality of a foreign government;

[_] Offeror is an agency or instrumentality of the Federal Government;

(4) Type of organization.

[_] Sole proprietorship;

[_] Partnership;

[_] Corporate entity (not tax-exempt);

[_] Corporate entity (tax-exempt);

[_] Government entity (Federal, State, or local);


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[_] Foreign government;

[_] International organization per 26 CFR 1.6049-4;

[_] Other ____________________.

(5) Common parent.

[_] Offeror is not owned or controlled by a common parent:

[_] Name and TIN of common parent:

Name ____________________________________

TIN ______________________________________

(m) Restricted business operations in Sudan. By submission of its offer, the offeror certifies that the offeror does not conduct any restricted business operations in Sudan.

(n) Prohibition on Contracting with Inverted Domestic Corporations—

(1) Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, unless the exception at 9.108-2(b) applies or the requirement is waived in accordance with the procedures at 9.108-4.

(2) Representation. The offeror represents that—

(i) It [ ] is, [ ] is not an inverted domestic corporation; and

(ii) It [ ] is, [ ] is not a subsidiary of an inverted domestic corporation.

(o) Prohibition on contracting with entities engaging in certain activities or transactions relating to Iran.

(1) The offeror shall email questions concerning sensitive technology to the Department of State at [email protected].

(2) Representation and Certification. Unless a waiver is granted or an exception applies as provided in paragraph (o)(3) of this provision, by submission of its offer, the offeror—

(i) Represents, to the best of its knowledge and belief, that the offeror does not export any sensitive technology to the government of Iran or any entities or individuals owned or controlled by, or acting on behalf or at the direction of, the government of Iran;



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(ii) Certifies that the offeror, or any person owned or controlled by the offeror, does not engage in any activities for which sanctions may be imposed under section 5 of the Iran Sanctions Act; and

(iii) Certifies that the offeror, and any person owned or controlled by the offeror, does not knowingly engage in any transaction that exceeds $3,500 with Iran’s Revolutionary Guard Corps or any of its officials, agents, or affiliates, the property and interests in property of which are blocked pursuant to the International Emergency Economic Powers Act (50(U.S.C. 1701 et seq.) (see OFAC’s Specially Designated Nationals and Blocked Persons List at https://www.treasury.gov/resource-center/sanctions/SDN-List/Pages/default.aspx).

(3) The representation and certification requirements of paragraph (o)(2) of this provision do not apply if—

(i) This solicitation includes a trade agreements certification (e.g., 52.212-3(g) or a comparable agency provision); and

(ii) The offeror has certified that all the offered products to be supplied are designated country end products.

(p) Ownership or Control of Offeror. (Applies in all solicitations when there is a requirement to be registered in SAM or a requirement to have a unique entity identifier in the solicitation.

(1) The Offeror represents that it [ ] has or [ ] does not have an immediate owner. If the Offeror has more than one immediate owner (such as a joint venture), then the Offeror shall respond to paragraph (2) and if applicable, paragraph (3) of this provision for each participant in the joint venture.

(2) If the Offeror indicates “has” in paragraph (p)(1) of this provision, enter the following information:

Immediate owner CAGE code:_____________________________________________

Immediate owner legal name:______________________________________________

(Do not use a “doing business as” name)

Is the immediate owner owned or controlled by another entity:

[ ] Yes or [ ] No.

(3) If the Offeror indicates “yes” in paragraph (p)(2) of this provision, indicating that the immediate owner is owned or controlled by another entity, then enter the following information:

https://www.treasury.gov/resource-center/sanctions/SDN-List/Pages/default.aspx

https://www.treasury.gov/resource-center/sanctions/SDN-List/Pages/default.aspx


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Highest level owner CAGE code:_____________________________________________

Highest level owner legal name:______________________________________________

(Do not use a “doing business as” name)

(q) Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law.

(1) As required by section 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that—

(i) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless and agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or

(ii) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(2) The Offeror represents that--

(i) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and

(ii) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

(r) Predecessor of Offeror. (Applies in all solicitations that include the provision at 52.204-16, Commercial and Government Entity Code Reporting.)

(1) The Offeror represents that it [ ] is or [ ] is not a successor to a predecessor that held a Federal contract or grant within the last three years.


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(2) If the Offeror has indicated “is” in paragraph (r)(1) of this provision, enter the following information for all predecessors that held a Federal contract or grant within the last three years (if more than one predecessor, list in reverse chronological order):

Predecessor CAGE code ______(or mark “Unknown).

Predecessor legal name: _________________________. (Do not use a “doing business as” name).

(s) Reserved.

(t) Public Disclosure of Greenhouse Gas Emissions and Reduction Goals. Applies in all solicitations that require offerors to register in SAM (52.212-1(k)).

(1) This representation shall be completed if the Offeror received $7.5 million or more in contract awards in the prior Federal fiscal year. The representation is optional if the Offeror received less than $7.5 million in Federal contract awards in the prior Federal fiscal year.

(2) Representation. [Offeror to check applicable block(s) in paragraph (t)(2)(i) and (ii)].

(i) The Offeror (itself or through its immediate owner or highest-level owner) [ ] does, [ ] does not publicly disclose greenhouse gas emissions, i.e., makes available on a publicly accessible Web site the results of a greenhouse gas inventory, performed in accordance with an accounting standard with publicly available and consistently applied criteria, such as the Greenhouse Gas Protocol Corporate Standard.

(ii) The Offeror (itself or through its immediate owner or highest-level owner) [ ] does, [ ] does not publicly disclose a quantitative greenhouse gas emissions reduction goal, i.e., make available on a publicly accessible Web site a target to reduce absolute emissions or emissions intensity by a specific quantity or percentage.

(iii) A publicly accessible Web site includes the Offeror's own Web site or a recognized, third-party greenhouse gas emissions reporting program.

(3) If the Offeror checked ``does'' in paragraphs (t)(2)(i) or (t)(2)(ii) of this provision, respectively, the Offeror shall provide the publicly accessible Web site(s) where greenhouse gas emissions and/or reduction goals are reported:_____.

(u)

(1) In accordance with 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),


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Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with an entity that requires employees or subcontractors of such entity seeking to report waste, fraud, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(2) The prohibition in paragraph (u)(1) of this provision does not contravene requirements applicable to Standard Form 312 (Classified Information Nondisclosure Agreement), Form 4414 (Sensitive Compartmented Information Nondisclosure Agreement), or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(3) Representation. By submission of its offer, the Offeror represents that it will not require its employees or subcontractors to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting waste, fraud, or abuse related to the performance of a Government contract to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information (e.g., agency Office of the Inspector General).

(End of Provision)

52.222-22 Previous Contracts and Compliance Reports. (FEB 1999) The offeror represents that- It □has, □has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; It □has, □has not filed all required compliance reports; and Representations indicating submission of required compliance reports, signed by proposed subcontractors, will be obtained before subcontract awards.

(End of provision) 52.222-25 Affirmative Action Compliance (APR 1984) The offeror represents that- (a) It has developed and has on file, has not developed and does not have on file, at each establishment, affirmative action programs required by the rules and regulations of the Secretary of Labor (41 CFR 60-1 and 60-2); or


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(b) It has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.

(End of provision)

52.233-2 Service of Protest. (SEP 2006) (a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the CO (addressed as follows) by obtaining written and dated acknowledgment of receipt from:

Director, Office of Acquisition and Policy Oversight Federal Highway Administration Office of Acquisition and Grants Management (HCFA) 1200 New Jersey Avenue, SE Washington, DC 20590 Mail Stop: E66-113

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

CLAUSES: 52.252-2 Clauses Incorporated by Reference (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): https://www.acquisition.gov/browse/index/far

Clauses by Reference

52.203-13 Contractor Code of Business Ethics and Conduct (OCT 2015) 52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform

Employees of Whistleblower Rights (APR 2014) 52.204-13 System for Award Management Maintenance (OCT 2018) 52.204-18 Commercial and Government Entity Code Maintenance (JUL 2016) 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video

Surveillance Services or Equipment (AUG 2019) 52.212-4 Contract Terms and Conditions—Commercial Items (OCT 2018) 52.215-2 Audit and Records—Negotiation (OCT 2010) 52.223-10 Waste Reduction Program (MAY 2011) 52.223-19 Compliance with Environmental Management Systems (MAY 2011) 52.232-7 Payments under Time-and-Materials and Labor-Hour Contracts (AUG 2012) 52.232-23 Assignment of Claims (MAY 2014) 52.232-25 Prompt Payment (JAN 2017)



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52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (DEC 2013) 52.237-2 Protection of Government Buildings, Equipment, and Vegetation (APR 1984) 52.237-3 Continuity of Services (JAN 1991) 52.242-13 Bankruptcy (JUL 1995) 52.243-1 Changes - Fixed-Price. (AUG 1987) - Alternate I (APR 1984) 52.243-3 Changes—Time-and-Materials or Labor-Hours (SEP 2000) 52.246-4 Inspection of Services—Fixed-Price (AUG 1996) 52.246-6 Inspection—Time-and-Material and Labor-Hour (MAY 2001) 52.247-34 F.o.b. Destination (NOV 1991)

Clauses by Full Text

52.203-14 Display of Hotline Poster(s) (OCT 2015)

(a) Definition.

United States, as used in this clause, means the 50 States, the District of Columbia, and outlying areas.

(b) Display of fraud hotline poster(s). Except as provided in paragraph (c)-

(1) During contract performance in the United States, the Contractor shall prominently display in common work areas within business segments performing work under this contract and at contract work sites-

(i) Any agency fraud hotline poster or Department of Homeland Security (DHS) fraud hotline poster identified in paragraph (b)(3) of this clause; and

(ii) Any DHS fraud hotline poster subsequently identified by the Contracting Officer.

(2) Additionally, if the Contractor maintains a company website as a method of providing information to employees, the Contractor shall display an electronic version of the poster(s) at the website.

(3) Any required posters may be obtained as follows: Department of Transportation fraud hotline; https://www.oig.dot.gov/Hotline

(c) If the Contractor has implemented a business ethics and conduct awareness program, including a reporting mechanism, such as a hotline poster, then the Contractor need not display any agency fraud hotline posters as required in paragraph (b) of this clause, other than any required DHS posters. (d) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (d), in all subcontracts that exceed $5.5 million, except when the subcontract-

https://www.oig.dot.gov/Hotline


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(1) Is for the acquisition of a commercial item; or

(2) Is performed entirely outside the United States.

(End of clause) 52.212-5 Contract Terms and Conditions Required to Implement Statutes or

Executive Orders-Commercial Items. (OCT 2019)

(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)).

(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:

[Contracting Officer check as appropriate.]

_X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

_X_ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

https://www.acquisition.gov/content/52203-19-prohibition-requiring-certain-internal-confidentiality-agreements-or-statements#i52_203-19

https://www.acquisition.gov/content/52204-23prohibition-contracting-hardware-software-and-services-developed-or-provided-kaspersky-lab-and-other-covered-entities#id189A70O0P1N

https://www.acquisition.gov/content/52204-25-prohibition-contracting-certain-telecommunications-and-video-surveillance-services-or-equipment#id1989I600I4C

https://www.acquisition.gov/content/52209-10-prohibition-contracting-inverted-domestic-corporations#i1062680

https://www.acquisition.gov/content/52233-3-protest-after-award#i1048661

http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3

https://www.acquisition.gov/content/52233-4-applicable-law-breach-contract-claim#i1048698


https://www.acquisition.gov/content/52203-6-restrictions-subcontractor-sales-government#i1063319



https://www.acquisition.gov/content/52203-13-contractor-code-business-ethics-and-conduct#i1063504


https://www.acquisition.gov/content/52203-15-whistleblower-protections-under-american-recovery-and-reinvestment-act-2009#i1063607


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_X_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (Pub. L. 109-282) (31 U.S.C. 6101 note).

__ (5) [Reserved].

__ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

_X_ (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. (Oct 2015) (31 U.S.C. 6101 note).

_X_ (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 (Nov 2011) (15 U.S.C.657a).

__ (ii) Alternate I (Nov 2011) of 52.219-3.

__ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (ii) Alternate I (Jan 2011) of 52.219-4.

__ (13) [Reserved]

__ (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C.644).

__ (ii) Alternate I (Nov 2011).

__ (iii) Alternate II (Nov 2011).

__ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

__ (ii) Alternate I (Oct 1995) of 52.219-7.

__ (iii) Alternate II (Mar 2004) of 52.219-7.

https://www.acquisition.gov/content/52204-10-reporting-executive-compensation-and-first-tier-subcontract-awards#i1064087

http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim

https://www.acquisition.gov/content/52204-14-service-contract-reporting-requirements#i1064214

https://www.acquisition.gov/content/52204-15-service-contract-reporting-requirements-indefinite-delivery-contracts#i1064243

https://www.acquisition.gov/content/52209-6-protecting-government%E2%80%99s-interest-when-subcontracting-contractors-debarred-suspended-or-proposed-debarment#i1062590



https://www.acquisition.gov/content/52209-9-updates-publicly-available-information-regarding-responsibility-matters#i1062651


https://www.acquisition.gov/content/52219-3-notice-hubzone-set-aside-or-sole-source-award#i1057314

http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section637a&num=0&edition=prelim

https://www.acquisition.gov/content/52219-3-notice-hubzone-set-aside-or-sole-source-award#i1057314

https://www.acquisition.gov/content/52219-4-notice-price-evaluation-preference-hubzone-small-business-concerns#i1057352


https://www.acquisition.gov/content/52219-4-notice-price-evaluation-preference-hubzone-small-business-concerns#i1057352

https://www.acquisition.gov/content/52219-6-notice-total-small-business-set-aside#i1057393


https://www.acquisition.gov/content/52219-7-notice-partial-small-business-set-aside#i1057419





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

__ (17) (i) 52.219-9, Small Business Subcontracting Plan (Aug 2018) (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 (Nov 2016) of 52.219-9.

__ (v) Alternate IV (Aug 2018) of 52.219-9

__ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

_X_ (19) 52.219-14, Limitations on Subcontracting (Jan 2017) (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 (Oct 2019) (15 U.S.C. 657f).

_X_ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).

__ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (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 (Dec 2015) (15 U.S.C. 637(m)).

_X_ (25) 52.222-3, Convict Labor (June 2003) (E.O.11755).

__ (26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Oct 2019) (E.O.13126).

_X_ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

_X_ (28) (i) 52.222-26, Equal Opportunity (Sept 2016) (E.O.11246).

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

_X_ (29) (i) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

https://www.acquisition.gov/content/52219-8-utilization-small-business-concerns#i52_219-8


https://www.acquisition.gov/content/52219-9-small-business-subcontracting-plan#i52_219-9






https://www.acquisition.gov/content/52219-13-notice-set-aside-orders#i1057715


https://www.acquisition.gov/content/52219-14-limitations-subcontracting#i1057730


https://www.acquisition.gov/content/52219-16-liquidated-damages-subcontracting-plan#i1057758


https://www.acquisition.gov/content/52219-27-notice-service-disabled-veteran-owned-small-business-set-aside#i1057823


https://www.acquisition.gov/content/52219-28-post-award-small-business-program-rerepresentation#i1057874


https://www.acquisition.gov/content/52219-29-notice-set-aside-or-sole-source-award-economically-disadvantaged-women-owned-small-business-concerns#i1057902


https://www.acquisition.gov/content/52219-30-notice-set-aside-or-sole-source-award-women-owned-small-business-concerns-eligible-under-women-owned-small-business-program#i1057947


https://www.acquisition.gov/content/52222-3-convict-labor#i1055332

https://www.acquisition.gov/content/52222-19-child-labor-cooperation-authorities-and-remedies#i1055664

https://www.acquisition.gov/content/52222-21-prohibition-segregated-facilities#i1055713

https://www.acquisition.gov/content/52222-26-equal-opportunity#i1055793


https://www.acquisition.gov/content/52222-35-equal-opportunity-veterans#i1056230



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

_X_ (30) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C.793).

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

_X_ (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

_X_ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

_X_ (33) (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).

_X_ (34) 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.)

__ (35) (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.)

__ (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

__ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun2016) (E.O. 13693).

__ (38) (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.

__ (39) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun 2014) of 52.223-14.

__ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).


https://www.acquisition.gov/content/52222-36-equal-opportunity-workers-disabilities#i1056250



https://www.acquisition.gov/content/52222-37-employment-reports-veterans#i1056265


https://www.acquisition.gov/content/52222-40-notification-employee-rights-under-national-labor-relations-act#i1056304

https://www.acquisition.gov/content/52222-50-combating-trafficking-persons#i1056535




https://www.acquisition.gov/content/52222-54-employment-eligibility-verification#i1056753

https://www.acquisition.gov/content/221803-contract-clause#i1095479

https://www.acquisition.gov/content/52223-9-estimate-percentage-recovered-material-content-epa-designated-items#i1053138


https://www.acquisition.gov/content/52223-9-estimate-percentage-recovered-material-content-epa-designated-items#i1053138


https://www.acquisition.gov/content/52223-11-ozone-depleting-substances-and-high-global-warming-potential-hydrofluorocarbons#i1053180

https://www.acquisition.gov/content/52223-12-maintenance-service-repair-or-disposal-refrigeration-equipment-and-air-conditioners#i1053196

https://www.acquisition.gov/content/52223-13-acquisition-epeat%C2%AE%E2%80%93registered-imaging-equipment#i1053207

https://www.acquisition.gov/content/52223-13-acquisition-epeat%C2%AE%E2%80%93registered-imaging-equipment#i1053207

https://www.acquisition.gov/content/52223-14-acquisition-epeat%C2%AE-registered-televisions#i1053232

https://www.acquisition.gov/content/52223-14-acquisition-epeat%C2%AE-registered-televisions#i1053232

https://www.acquisition.gov/content/52223-15-energy-efficiency-energy-consuming-products#i1053246



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__ (41) (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.

_X_ (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513).

__ (43) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

__ (44) 52.223-21, Foams (Jun 2016) (E.O. 13693).

_X_ (45) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).

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

__ (46) 52.225-1, Buy American-Supplies (May 2014) (41 U.S.C. chapter 83).

__ (47) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (May 2014)(41 U.S.C. chapter 83, 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.

__ (48) 52.225-5, Trade Agreements (Oct 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_X_ (49) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (50) 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).

__ (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

__ (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

https://www.acquisition.gov/content/52223-16-acquisition-epeat%C2%AE-registered-personal-computer-products#i1053274

https://www.acquisition.gov/content/52223-16-acquisition-epeat%C2%AE-registered-personal-computer-products#i1053274

https://www.acquisition.gov/content/52223-18-encouraging-contractor-policies-ban-text-messaging-while-driving#i1053316

https://www.acquisition.gov/content/52223-20-aerosols#i52_223_20

https://www.acquisition.gov/content/52223-21-foams#id1668D08086F

https://www.acquisition.gov/content/52224-3-privacy-training#i52_224_3


https://www.acquisition.gov/content/52225-1-buy-american-supplies#i1053372


https://www.acquisition.gov/content/52225-3-buy-american-free-trade-agreements-israeli-trade-act#i1053446









https://www.acquisition.gov/content/52225-5-trade-agreements#i1053648



https://www.acquisition.gov/content/52225-13-restrictions-certain-foreign-purchases#i1054249

https://www.acquisition.gov/content/52225-26-contractors-performing-private-security-functions-outside-united-states#i1054921


https://www.acquisition.gov/content/52226-4-notice-disaster-or-emergency-area-set-aside#i1055038


https://www.acquisition.gov/content/52226-5-restrictions-subcontracting-outside-disaster-or-emergency-area#i1055048



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__ (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C.4505, 10 U.S.C.2307(f)).

__ (54) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C.4505, 10 U.S.C.2307(f)).

_X_ (55) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct 2018) (31 U.S.C. 3332).

__ (56) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C.3332).

__ (57) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C.3332).

_X_ (58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (59) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).

__ (60) (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.]

_X_ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014)(E.O. 13495).

_X_ (2) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

_X_ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

_X_ (4) 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).

https://www.acquisition.gov/content/52232-29-terms-financing-purchases-commercial-items#i1050508



https://www.acquisition.gov/content/52232-30-installment-payments-commercial-items#i1050540



https://www.acquisition.gov/content/52232-33-payment-electronic-funds-transfer-system-award-management#i1050674


https://www.acquisition.gov/content/52232-34-payment-electronic-funds-transfer-other-system-award-management#i1050705


https://www.acquisition.gov/content/52232-36-payment-third-party#i1050789


https://www.acquisition.gov/content/52239-1-privacy-or-security-safeguards#i1049272

http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section552a&num=0&edition=prelim

https://www.acquisition.gov/content/52242-5-payments-small-business-subcontractors#i52_242-5


https://www.acquisition.gov/content/52247-64-preference-privately-owned-us-flag-commercial-vessels#i1046560





https://www.acquisition.gov/content/52222-17-nondisplacement-qualified-workers#i1055581

https://www.acquisition.gov/content/52222-41-service-contract-labor-standards#i52_222_41


https://www.acquisition.gov/content/52222-42-statement-equivalent-rates-federal-hires#i1056410



https://www.acquisition.gov/content/52222-43-fair-labor-standards-act-and-service-contract-labor-standards-price-adjustment-multiple-year-and-option-contracts#i1056443




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__ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (6) 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).

__ (7) 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).

_X_ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

_X_ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).

__ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (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, 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

https://www.acquisition.gov/content/52222-44-fair-labor-standards-act-and-service-contract-labor-standards-price-adjustment#i1056463



https://www.acquisition.gov/content/52222-51-exemption-application-service-contract-labor-standards-contracts-maintenance-calibration-or-repair-certain-equipment-requirements#i1056685


https://www.acquisition.gov/content/52222-53-exemption-application-service-contract-labor-standards-contracts-certain-services-requirements#i1056732


https://www.acquisition.gov/content/52222-55-minimum-wages-under-executive-order-13658#i1056818

https://www.acquisition.gov/content/52222-62-paid-sick-leave-under-executive-order-13706#i52_222_62

https://www.acquisition.gov/content/52226-6-promoting-excess-food-donation-nonprofit-organizations#i1055065


https://www.acquisition.gov/content/52215-2-audit-and-records-negotiation#i1059150

https://www.acquisition.gov/content/subpart-47-contractor-records-retention#i1122629


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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 (Oct 2015) (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 $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(vi) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.

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

(viii) 52.222-26, Equal Opportunity (Sept 2015) (E.O.11246).

(ix) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C.4212).

(x) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C.793).

(xi) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C.4212)

(xii) 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.

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

(xiv) (A) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. chapter 78 and E.O 13627).

https://www.acquisition.gov/content/52203-13-contractor-code-business-ethics-and-conduct#i1063504


https://www.acquisition.gov/content/52203-19-prohibition-requiring-certain-internal-confidentiality-agreements-or-statements#i52_203-19

https://www.acquisition.gov/content/52204-23prohibition-contracting-hardware-software-and-services-developed-or-provided-kaspersky-lab-and-other-covered-entities#id189A70O0P1N

https://www.acquisition.gov/content/52204-25-prohibition-contracting-certain-telecommunications-and-video-surveillance-services-or-equipment#id1989I600I4C






https://www.acquisition.gov/content/52222-21-prohibition-segregated-facilities#i1055713






https://www.acquisition.gov/content/52222-37-employment-reports-veterans#i1056265




https://www.acquisition.gov/content/52222-41-service-contract-labor-standards#i52_222_41

http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-chapter67-front&num=0&edition=prelim




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

(xv) 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).

(xvi) 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).

(xvii) 52.222-54, Employment Eligibility Verification (Oct 2015) (E.O. 12989).

(xviii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

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

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

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

(xxi) 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).

(xxii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxiii) 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) 52.216-18 Ordering. (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from the effective date of the contract through 60 months thereafter. (b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.



https://www.acquisition.gov/content/52222-51-exemption-application-service-contract-labor-standards-contracts-maintenance-calibration-or-repair-certain-equipment-requirements#i1056685


https://www.acquisition.gov/content/52222-53-exemption-application-service-contract-labor-standards-contracts-certain-services-requirements#i1056732


https://www.acquisition.gov/content/52222-54-employment-eligibility-verification#i1056753

https://www.acquisition.gov/content/52222-55-minimum-wages-under-executive-order-13658#i1056818

https://www.acquisition.gov/content/52222-62-paid-sick-leave-under-executive-order-13706#i52_222_62




https://www.acquisition.gov/content/52225-26-contractors-performing-private-security-functions-outside-united-states#i1054921










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(c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

(End of clause)

52.216-19 Order Limitations. (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $5,000, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor-

(1) Any order for a single item in excess of $25,000,000;

(2) Any order for a combination of items in excess of $25,000,000; or

(3) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in subparagraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 5 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of clause)

52.216-22 Indefinite Quantity. (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and


Page 83 of 86

including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum."

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 12 months from the date of contract expiration.

(End of clause)

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 any time before the expiration of the period of performance.

(End of clause)

52.217-9 Option to Extend the Term of the Contract. (MAR 2000) (a) The Government may extend the term of this contract by written notice to the Contractor any time prior to contract expiration; provided that the Government gives the Contractor a preliminary written notice of its intent to extend any time prior to contract expiration. The preliminary notice does not commit the Government to an extension. (b) If the Government exercises this option, the extended contract shall be considered to include this option clause. (c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 66 months.

(End of clause)


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52.219-11 Special 8(a) Contract Conditions. (DEVIATION) (JAN 2017) The Small Business Administration (SBA) agrees to the following: (a) ( DELETED ) (b) ( DELETED )

(c) Except for novation agreements, delegates to the Federal Highway Administration the responsibility for administering the subcontract to be awarded hereunder with complete authority to take any action on behalf of the Government under the terms and conditions of the subcontract; provided, however, that the Federal Highway Administration shall give advance notice to the SBA before it issues a final notice terminating the right of a subcontractor to proceed with further performance, either in whole or in part, under the subcontract for default or for the convenience of the Government. (d) (DEVIATION) That payments to be made under this contract will be made directly to the subcontractor by the Federal Highway Administration. (e) That the subcontractor awarded a subcontract hereunder shall have the right of appeal from decisions of the Contracting Officer cognizable under the “Disputes” clause of said subcontract. (f) To notify the Federal Highway Administration Contracting Officer immediately upon notification by the subcontractor that the owner or owners upon whom 8(a) eligibility was based plan to relinquish ownership or control of the concern.

(End of clause)

52.219-12 Special 8(a) Subcontract Conditions. (DEVIATION) (OCT 2019) (a) (DEVIATION) The Small Business Administration (SBA) has delegated authority to enter into [Insert Contract No. at award] to the Federal Highway Administration to furnish the supplies or services as described therein. A copy of the contract is attached hereto and made a part hereof. (b) (DEVIATION) The [insert name of 8(a) Contractor], hereafter referred to as the subcontractor, agrees and acknowledges as follows:

(1) That it will, for and on behalf of the SBA, fulfill and perform all of the requirements of Contract No. [insert number of contract] for the consideration stated therein and that it has read and is familiar with each and every part of the contract. (2) That the SBA has delegated responsibility, except for novation agreements, for the administration of this subcontract to the Federal Highway Administration with complete authority to take any action on behalf of the Government under the terms and conditions of this subcontract. (3) That it will not subcontract the performance of any of the requirements of this subcontract to any lower tier subcontractor without the prior written approval of the designated Contracting Officer of the Federal Highway Administration. (4) That it will notify the Federal Highway Administration Contracting Officer in writing immediately upon entering an agreement (either oral or written) to transfer all or part of its stock or other ownership interest to any other party.

(c) Payments, including any progress payments under this subcontract, will be made directly to the subcontractor by the Federal Highway Administration.


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(End of clause)

52.219-17 Section 8(a) Award. (DEVIATION) (OCT 2019) (a) By execution of a contract, the Small Business Administration (SBA) agrees to the following:

(1) (DELETED) (2) Except for novation agreements, delegates to the Federal Highway Administration the responsibility for administering the contract with complete authority to take any action on behalf of the Government under the terms and conditions of the contract; provided, however that the contracting agency shall give advance notice to the SBA before it issues a final notice terminating the right of the subcontractor to proceed with further performance, either in whole or in part, under the contract. (3) That payments to be made under the contract will be made directly to the subcontractor by the contracting activity. (4) To notify the Federal Highway Administration Contracting Officer immediately upon notification by the subcontractor that the owner or owners upon whom 8(a) eligibility was based plan to relinquish ownership or control of the concern. (5) That the subcontractor awarded a subcontract hereunder shall have the right of appeal from decisions of the cognizant Contracting Officer under the “Disputes” clause of the subcontract.

(b) The Offeror/subcontractor agrees and acknowledges that it will, for and on behalf of the SBA, fulfill and perform all of the requirements of the contract. (c) The Offeror/subcontractor agrees that it will not subcontract the performance of any of the requirements of this subcontract to any lower tier subcontractor without the prior written approval of the SBA and the cognizant Contracting Officer of the Federal Highway Administration.

(End of clause)

52.219-18 Notification of Competition Limited to Eligible 8(a) Concerns (DEVIATION) (JAN 2017) Alternate I (JAN 2017)

(a) Offers are solicited only from small business concerns expressly certified by the Small Business Administration (SBA) for participation in the SBA's 8(a) Program and which meet the following criteria at the time of submission of offer—

(1) The Offeror is in conformance with the 8(a) support limitation set forth in its approved business plan; and (2) The Offeror is in conformance with the Business Activity Targets set forth in its approved business plan or any remedial action directed by the SBA.

(b) By submission of its offer, the Offeror represents that it meets all of the criteria set forth in paragraph (a) of this clause. (c) (DEVIATION) Any award resulting from this solicitation will be made directly by the Federal Highway Administration to the successful 8(a) Offeror selected through the evaluation criteria set forth in this solicitation. (d) (1) Agreement. A small business concern submitting an offer in its own name shall furnish, in performing the contract, only end items manufactured or produced by small


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business concerns in the United States or its outlying areas. If this procurement is processed under simplified acquisition procedures and the total amount of this contract does not exceed $25,000, a small business concern may furnish the product of any domestic firm. This subparagraph does not apply to construction or service contracts.

(2) (DEVIATION) The [insert name of 8(a) Contractor] will notify Federal Highway Administration Contracting Officer in writing immediately upon entering an agreement (either oral or written) to transfer all or part of its stock or other ownership interest to any other party.

(End of clause) 52.252-6 Authorized Deviations in Clauses. (APR 1984) (a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause. (b) The use in this solicitation or contract of any Department of Transportation (DOT) Acquisition Regulation (TAR) (48 CFR Chapter 12) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

(End of Clause)

TAR (48 CFR 12) Clauses by Reference

1252.223-73 SEAT BELT USE POLICIES AND PROGRAMS (APR 2005) 1252.237-70 QUALIFICATIONS OF CONTACTOR EMPLOYEES (APR 2005) 1252.242-71 CONTRACTOR TESTIMONY (OCT 1994)

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