2 Mobile Railway Car Spotters

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) Subpart 12, as supplemented with additional information included in this notice. Both this announcement and the 3 attachments hereto, are the only documents to be issued. Solicitation No. 6913G620Q300058 is issued as a Request for Quotation (RFQ). This solicitation is being conducted in accordance with the policies and procedures prescribed in FAR Part 12, Acquisition of Commercial Items and FAR Part 13.5, Simplified Acquisition Procedures. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2020-06, effective March 30, 2020. This procurement is being solicited under NAICS code 336510, Railroad Rolling Stock Manufacturing, and small business size standard 1500 employees. This Combined Synopsis/ Solicitation is being issued as a small business set-aside only competition . The U.S. Department of Transportation, John A. Volpe National Transportation Systems Center (Volpe Center), Cambridge, MA, has a requirement for 2 railway car spotters for the Portsmouth Naval Shipyard in Portsmouth, NH. The contractor is required to provide all materials, labor and equipment necessary to meet the requirement in accordance with the two attachments: Attachment 1 the Statement of Work (including Appendix’s 1-4 with Appendix 1 – 300 Ton MT Flat Car; Appendix 2 – 140 Ton Flat Car; Appendix 3 – Rail Clearances; and Appendix 4 – Clean Shop Drawing); and Attachment 2 - Instructions, Conditions, Representations and Notices to Offerors. REQUIREMENTS/SPECIFICATIONS The Government intends to award a single firm fixed price (FFP) purchase order as a result of this Combined Synopsis/Solicitation. This notice is expected to result in a single award subject to receipt of an acceptable quote in accordance with the Attachment 2 Instructions, Conditions and Notice to Offeror attached. The Offeror’s price quotation shall include a firm fixed price for the two CLIN’s identified below. FFP CLIN 00100 – Deliverables: 1) drawing/schematic detailing paint scheme, 2) two (2) new railway car spotters including manuals and one year supply of spare parts due within 90 days of award of a contract, 3) all delivery costs, and 4) on –site training due within 14 days of delivery of the 2 new railway car spotters. $________________ Optional FFP CLIN 00200 extended field support 2 trips not to extend beyond 9/30/2021. $_______________ Total of CLIN 00100 and Optional CLIN 00200 = $_______________ BASIS FOR AWARD 52.212-2 – EVALUATION – COMMERCIAL ITEMS (OCT 2014) The Government intends to pursue an award of a single purchase order on a firm-fixed price basis as a result of this solicitation, subject to receipt of an acceptable quotation. Award will be made to the Contractor submitting the lowest price (See 52.217-5 “Evaluation of Options”) along with a technical narrative that lays out an acceptable technical proposal and plan for meeting the Railway Car Spotters configuration and delivery requirements of this Solicitation . It is the Government’s intent to make award based upon initial quotations without entering into discussions or negotiations. While it is the Government's intent to make the award based upon initial quotations, the Government may determine during the evaluation period that it is necessary to conduct discussions. A written Purchase Order will be emailed to the Contractor submitting the successful quotation for the Contractor’s acceptance. The Contractor will accept the Purchase Order by adding their signature to the Standard Form 1449 (End of Provision) NOTICE TO OFFERORS The Offeror’s proposal shall be prepared in accordance with FAR 52.212-1, Instructions to Offerors-Commercial Items incorporated by reference, Instructions, Conditions and Notice to Offeror (attached) and the all other instructions included in this solicitation. FAR 52.212-2, Evaluation- Commercial Items applies to this acquisition and is incorporated by reference All Offerors must include a completed copy of the provision at FAR 52.212-3, Offeror Representations and Certification-Commercial Items (the complete provision is provided in an attachment). An Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certifications electronically using the System for Award Management (SAM) accessible via http://www.Sam.gov . If the Offeror has not completed the annual representations and certifications electronically in SAM, the Offeror shall complete only paragraphs (c) through (o) of this provision. All Contractors must be registered in SAM in order to receive an award from a DOT Agency. The Government intends to award a single or multiple purchase order(s) on a firm-fixed price basis as a result of this solicitation, subject to receipt of an acceptable proposal(s). FAR Clauses and Provisions 52.212-4, Contract Terms and Conditions-Commercial Items. Contractors may submit clarification questions regarding any aspect of this solicitation including, but not limited to: the quote, technical narration, SOW, drawings, etc. All clarification questions must be submitted no later than June 11, 2020 at 1:00 p.m. EST to the attention Contracting Officer (CO) Roland Regan at: [email protected] All Offeror quotes and technical proposals are due electronically via email in accordance the instructions above to the CO Roland Regan no later than June 25, 2020 at 1:00 p.m. EST. The offer quote/proposal must be submitted via e-mail to by closing date of [email protected]. No telephone calls of any kind will be honored. The Government will not pay for any information received. It is anticipated that a single contract award resulting from this combined synopsis/solicitation will be made on or about July 16-24, 2020. In the event there are any changes to this requirement, in any manner, there will be an amendment issued through SAM citing those changes. ADDITIONAL FAR PROVISIONS INCORPORATED BY FULL TEXT: 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment. (Dec 2019) The Offeror shall not complete the representation in this provision if the Offeror has represented that it “does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument” in the provision at 52.204-26 , Covered Telecommunications Equipment or Services-Representation, or in paragraph (v) of the provision at 52.212-3 , Offeror Representations and Certifications-Commercial Items. (a) Definitions. As used in this provision— “Covered telecommunications equipment or services”, “critical technology”, and “substantial or essential component” have the meanings provided in clause 52.204-25 , Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (b) Prohibition . Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Contractors are not prohibited from providing— (1)A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or (2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles. (c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) ( https://www.sam.gov ) for entities excluded from receiving federal awards for “covered telecommunications equipment or services”. (d) Representation. The Offeror represents that it □ will, □ will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. (e) Disclosures. If the Offeror has represented in paragraph (d) of this provision that it “will” provide covered telecommunications equipment or services”, the Offeror shall provide the following information as part of the offer— (1) A description of all covered telecommunications equipment and services offered (include brand; model number, such as original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable); (2) Explanation of the proposed use of covered telecommunications equipment and services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b) of this provision; (3) For services, the entity providing the covered telecommunications services (include entity name, unique entity identifier, and Commercial and Government Entity (CAGE) code, if known); and (4) For equipment, the entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known). (End of provision) 52.204-26 Covered Telecommunications Equipment or Services-Representation. (Dec 2019) (a) Definitions. As used in this provision, “covered telecommunications equipment or services” has the meaning provided in the clause 52.204-25 , Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) ( https://www.sam.gov ) for entities excluded from receiving federal awards for “covered telecommunications equipment or services”. (c) Representation. The Offeror represents that it □ does, □ does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument. (End of provision) ADDITIONAL FAR CLAUSES INCORPORATED BY REFERENCE: 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (MAY 2011) 52.204-13 System for Award Management (OCT 2018) 52.204-18 Commercial and Government Entity Code Maintenance (JUL 2016) 52.204-19 Incorporation by Reference of Representations and Certifications.(DEC 2014) 52.204-21 Basic Safeguarding of Covered Contractor Information Systems (JUN 2016) 52.209-5 Certification Regarding Responsibility Matters (OCT 2015) 52.216-25 Contract Definitization (OCT 2010) 52.216-25 Alternate I (APR 1984) 52.223-5 Pollution Prevention and Right-to-Know Information (MAY 2011) 52.223-10 Waste Reduction Program (MAY 2011) 52.223-17 Affirmative Procurement of EPA-designated Items in Service (AUG 2018) and Construction Contracts 52.224-1 Privacy Act Notification (APR 1984) 52.224-2 Privacy Act (APR 1984) 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-Representation and Certifications. (AUG 2018) 52.228-5 Insurance – Work on a Government Installation (JAN 1997) 52,232-18 Availability of Funds (APR 1984) 52.233-2 Service of Protest Award. (SEP 2006) Fill-ins (a): DOT/OST-R/Volpe Center Attn: CO/Roland Regan, V-222 55 Broadway Cambridge, MA 02142 52.233-3 Protests after Award (AUG 1996) 52.233-3 Alternate I (JUN 1985) 52.233-4 Applicable Law for Breach of Contract Claim. (OCT 2004) 52.236-2 Differing Site Conditions (APR 1984) 52.236-5 Material and Workmanship (APR 1984) 52.242-15 Stop Work Order (AUG 1989) 52.244-6 Subcontracts for Commercial Items.(AUG 2019) 52.247-34 F.o.B. Destination (NOV 1991) 52.212-5 Contract Terms and Conditions Required to Implement MAR 2020 Statutes or Executive Orders – Commercial Items (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. 3805note )). (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 (Sep 2006), with Alternate I (Oct 1995) ( 41 U.S.C. 4704 and 10 U.S.C. 2402 ). __ (2) 52.203-13 , Contractor Code of Business Ethics and Conduct (Oct 2015) ( 41 U.S.C. 3509 )). _X_ (3) 52.203-15 , Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.) _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). __ (7) 52.204-15 , Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C). __ (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. 6101note ). __ (9) 52.209-9 , Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) ( 41 U.S.C. 2313 ). __ (10) [Reserved]. __ (11) (i) 52.219-3 , Notice of HUBZone Set-Aside or Sole-Source Award (Mar 2020) ( 15 U.S.C.657a ). __ (ii) Alternate I (Mar 2020) of 52.219-3 . __ (12) (i) 52.219-4 , Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Mar 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) ( 15 U.S.C. 657a ). __ (ii) Alternate I (Mar 2020) of 52.219-4 . __ (13) [Reserved] __ (14) (i) 52.219-6 , Notice of Total Small Business Set-Aside (Mar 2020) ( 15 U.S.C.644 ). __ (ii) Alternate I (Mar 2020). __ (15) (i) 52.219-7 , Notice of Partial Small Business Set-Aside (Mar 2020) ( 15 U.S.C. 644 ). __ (ii) Alternate I (Mar 2020) of 52.219-7 . __ (16) 52.219-8 , Utilization of Small Business Concerns (Oct 2018) ( 15 U.S.C. 637(d)(2) and (3)). __ (17) (i) 52.219-9 , Small Business Subcontracting Plan (Mar 2020) ( 15 U.S.C. 637(d)(4) ). __ (ii) Alternate I (Nov 2016) of 52.219-9 . __ (iii) Alternate II (Nov 2016) of 52.219-9 . __ (iv) Alternate III (Mar 2020) of 52.219-9 . __ (v) Alternate IV (Aug 2018) of 52.219-9 __ (18) 52.219-13 , Notice of Set-Aside of Orders (Mar 2020) ( 15 U.S.C. 644(r) ). _X_ (19) 52.219-14 , Limitations on Subcontracting (Mar 2020) ( 15 U.S.C.637(a)(14) ). __ (20) 52.219-16 , Liquidated Damages-Subcontracting Plan (Jan 1999) ( 15 U.S.C. 637(d)(4)(F)(i) ). __ (21) 52.219-27 , Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Mar 2020) ( 15 U.S.C. 657f ). _X_ (22) (i) 52.219-28 , Post Award Small Business Program Rerepresentation (Mar 2020) ( 15 U.S.C. 632(a)(2) ). (ii) Alternate I (MAR 2020) of 52.219-28 . __ (23) 52.219-29 , Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Mar 2020) ( 15 U.S.C. 637(m) ). __ (24) 52.219-30 , Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Mar 2020) ( 15 U.S.C. 637(m) ). _X_ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) ( 15 U.S.C. 644 (r)). _X_ (26) 52.219-33, Nonmanufacturer Rule (Mar 2020) ( 15 U.S.C. 637 (a)(17)). _X_ (27) 52.222-3 , Convict Labor (Jun 2003) (E.O.11755). _X_ (28) 52.222-19 , Child Labor-Cooperation with Authorities and Remedies (Jan 2020) (E.O.13126). _X_ (29) 52.222-21 , Prohibition of Segregated Facilities (Apr 2015). _X_ (30) (i) 52.222-26 , Equal Opportunity (Sep 2016) (E.O.11246). __ (ii) Alternate I (Feb 1999) of 52.222-26 . _X_ (31) (i) 52.222-35 , Equal Opportunity for Veterans (Oct 2015) ( 38 U.S.C. 4212 ). __ (ii) Alternate I (Jul 2014) of 52.222-35 . _X_ (32) (i) 52.222-36 , Equal Opportunity for Workers with Disabilities (Jul 2014) ( 29 U.S.C.793 ). __ (ii) Alternate I (Jul 2014) of 52.222-36 . _X_ (33) 52.222-37 , Employment Reports on Veterans (Feb 2016) ( 38 U.S.C. 4212 ). _X_ (34) 52.222-40 , Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). _X_ (35) (i) 52.222-50 , Combating Trafficking in Persons (Jan 2019) ( 22 U.S.C. chapter 78 and E.O. 13627). __ (ii) Alternate I (Mar 2015) of 52.222-50 ( 22 U.S.C. chapter78 and E.O. 13627). __ (36) 52.222-54 , Employment Eligibility Verification (Oct 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803 .) __ (37) (i) 52.223-9 , Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) ( 42 U.S.C. 6962(c)(3)(A)(ii) ). (Not applicable to the acquisition of commercially available off-the-shelf items.) __ (ii) Alternate I (May 2008) of 52.223-9 ( 42 U.S.C. 6962(i)(2)(C) ). (Not applicable to the acquisition of commercially available off-the-shelf items.) __ (38) 52.223-11 , Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693). __ (39) 52.223-12 , Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693). __ (40) (i) 52.223-13 , Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514). __ (ii) Alternate I (Oct 2015) of 52.223-13 . __ (41) (i) 52.223-14 , Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514). __ (ii) Alternate I (Jun 2014) of 52.223-14 . _X_ (42) 52.223-15 , Energy Efficiency in Energy-Consuming Products (Dec 2007) ( 42 U.S.C. 8259b ). __ (43) (i) 52.223-16 , Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514). __ (ii) Alternate I (Jun 2014) of 52.223-16 . __ (44) 52.223-18 , Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513). __ (45) 52.223-20 , Aerosols (Jun 2016) (E.O. 13693). _X_ (46) 52.223-21 , Foams (Jun 2016) (E.O. 13693). __ (47) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a). __ (ii) Alternate I (Jan 2017) of 52.224-3 . __ (48) 52.225-1 , Buy American-Supplies (May 2014) ( 41 U.S.C. chapter 83 ). _X_ (49) (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 . __ (50) 52.225-5 , Trade Agreements (Oct 2019) ( 19 U.S.C. 2501 , et seq., 19 U.S.C. 3301 note). __ (51) 52.225-13 , Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). __ (52) 52.225-26 , Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note) . __ (53) 52.226-4 , Notice of Disaster or Emergency Area Set-Aside (Nov 2007) ( 42 U.S.C. 5150 ). __ (54) 52.226-5 , Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) ( 42 U.S.C. 5150 ). _X_ (55) 52.232-29 , Terms for Financing of Purchases of Commercial Items (Feb 2002) ( 41 U.S.C.4505 , 10 U.S.C.2307(f) ). __ (56) 52.232-30 , Installment Payments for Commercial Items (Jan 2017) ( 41 U.S.C.4505 , 10 U.S.C.2307(f) ). __ (57) 52.232-33 , Payment by Electronic Funds Transfer-System for Award Management (Oct 2018) ( 31 U.S.C. 3332 ). __ (58) 52.232-34 , Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) ( 31 U.S.C.3332 ). __ (59) 52.232-36 , Payment by Third Party (May 2014) ( 31 U.S.C.3332 ). __ (60) 52.239-1 , Privacy or Security Safeguards (Aug 1996) ( 5 U.S.C. 552a ). _X_ (61) 52.242-5 , Payments to Small Business Subcontractors (Jan 2017) ( 15 U.S.C. 637(d)(13) ). __ (62) (i) 52.247-64 , Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) ( 46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631 ). __ (ii) Alternate I (Apr 2003) of 52.247-64 . __ (iii) Alternate II (Feb 2006) of 52.247-64 . (c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: [Contracting Officer check as appropriate.] __ (1) 52.222-17 , Nondisplacement of Qualified Workers (May 2014)(E.O. 13495). __ (2) 52.222-41 , Service Contract Labor Standards (Aug 2018) ( 41 U.S.C. chapter 67 ). __ (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 ). __ (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 ). __ (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 ). __ (8) 52.222-55 , Minimum Wages Under Executive Order 13658 (Dec 2015). __ (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 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 (Sep 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). (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) 52.217-5 EVALUATION OF OPTIONS (JUL 1990) Except when it is determined in accordance with FAR 17.206(b) not to be in the Government’s best interests, the Government will evaluate quotations for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s). 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 30 days prior to contract expiration. 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 at any time during the period of performance; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least thirty (30) days before the contract expires. 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 9/30/2020. TAR CLAUSES INCORPORATED BY REFERENCE: 1252.217-70 Guarantee (APR 2005) 1252.217-76 Liability and Insurance (OCT 1994) 1252.222-70 Strikes or Picketing Affecting Timely Completion of the Contract Work (OCT 1994) 1252.223-73 Seat Belt Use Policies and Programs (APR 2005) 1252.242-72 Dissemination of Contract Information (OCT 1994) The FAR and TAR provisions and clauses cited in this notice can be viewed at http://www.acquisition.gov/far and http://www.dot.gov/administrations/assistant-secretary-administration/transportation-acquisition- regulation-tar 1252.237-73 Key Personnel APR 2005 The personnel as specified below are considered essential to the work being performed under this contract and may, with the consent of the contracting parties, be changed from time to time during the course of the contract by adding or deleting personnel, as appropriate. Before removing, replacing, or diverting any of the specified individuals, the Contractor shall notify the Contracting Officer, in writing, before the change becomes effective. The Contractor shall submit information to support the proposed action to enable the Contracting Officer to evaluate the potential impact of the change on the contract. The Contractor shall not remove or replace key personnel under this contract until the Contracting Officer approves the change. The Key Personnel under this Contract are: Position Name Program Contract Manager The Contract Manager shall have a minimum of 10 years of specific and verifiable professional experience in facility operations and management on submitted resume. (End of Clause) CONTRACT ADMINISTRATION RESPONSIBILITIES Contracting Officer (CO): The CO has the overall responsibility for this contract. The CO alone, without delegation, is authorized to take actions on behalf of the Government to amend, modify, or deviate from the contract terms, conditions, requirements, specifications, details, and/or delivery schedules. However, the CO may delegate certain other responsibilities to his/her authorized representatives. The CO is: Roland Regan 617-494-3185 [email protected] Department of Transportation Volpe National Transportation System Center 55 Broadway Cambridge, MA 02142-1001 Contracting Officer’s Representative (COR): A COR will be designated by the CO for each contract award in accordance with TAR Clause 1252.242-73 (hereby incorporated by reference). The responsibilities of the COR include, but are not limited to, inspecting and monitoring the Contractor’s work; determining the adequacy of performance by the Contractor in accordance with the terms and conditions of this contract; acting as the Government’s representative in charge of work at the site to ensure compliance with contract requirements in so far as the work is concerned; and advising the CO of any factors which may cause delay in performance of the work. The COR does not have the authority to make new assignments of work or to issue directions that cause an increase or decrease in the price of this contract or otherwise affect any other contract terms. PERFORMANCE EVALUATIONS In accordance with FAR Subpart 42.15; Contractor Performance Information, the Government shall prepare evaluations of Contractor performance for contracts that exceed $250,000. Performance evaluations will be accomplished at the completion of each year of contract performance. The Government uses the Contractor Performance Assessment Reporting System (CPARS) as the primary method to complete evaluations (www.cpars.gov). Completed past performance evaluations may be accessed in the Past Performance Information Retrieval System (PPIRS) at www.ppirs.gov. The Contractor is required to register in CPARS and shall have 14 calendar days in which to respond to Government comments. The Government will consider any comments provided by the Contractor before finalizing a past performance evaluation and will attach the Contractor’s comments to the final report.