22Q000066 AASHTO 22-23 RFQ.pdf

REQUEST FOR QUOTATION (RFQ)

AASHTO ACCREDITATION PROGRAM (AAP) SUBSCRIPTION SERVICE

69056722Q000066

Issuing Office: Federal Highway Administration (FHWA) Western Federal Lands Highway Division (WFLHD) 610 E. 5th Street Vancouver, WA 98661-3801

Agency Contact: N. Battan, Contract Specialist, (360) 619-7897 WFL.Purchasing@dot.gov

Solicitation Number: 69056722Q000066

Questions Due Date: September 6, 2022 No later than 2:00PM PT

Quotations Due Date: September 9, 2022 No later than 2:00PM PT

Submit Quotations to: WFL.Purchasing@dot.gov; Please use subject line: “RFQ

69056722Q000066 AASHTO”

mailto:WFL.Purchasing@dot.gov mailto:WFL.Purchasing@dot.gov

This is a Sole Source Procurement:

This is an open-market firm fixed price (FFP) RFQ for American Association of State Highway Transportation Officials (AASHTO) Accreditation Program (AAP) subscription service. This combined synopsis/solicitation is prepared in accordance with Federal Acquisition Regulation (FAR) Subpart 12.6, Streamlined Procedures for Evaluation and Solicitation for Commercial Items, in conjunction with the policies and procedures for solicitation, evaluation and award as prescribed in FAR 13, Simplified Acquisition Procedures. This announcement constitutes the only solicitation.

The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2022-07 dated 8/10/2022.

The North American Industry Classification System (NAICS) code is 541380 with and industry size standard of $15.0 million and the associated Product Service Code (PSC) is H266.

The proposed contract action is for supplies or services for which the Government intends to solicit and negotiate with only one source, American Association of State Highway Transportation Officials (AASHTO) 444 N Capitol Street NW Ste 249, Washington DC 20001- 1551, under the authority of FAR 13.1061(b). AASHTO is the only company that provides the necessary lab accreditation that WFLHD requires.

All responsible offerors may submit a quote that will be reviewed by the Government. However, a determination by the Government not to compete with this proposed contract based upon responses to this solicitation is solely within the discretion of the Government. Information received will normally be considered for the sole purpose of determining whether to conduct a competitive procurement.

A responsible quoter is one whose quotation conforms to the solicitation and will be most advantageous to the Government. It is the contractor’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/?q=browsefar.

It is the responsibility of all interested vendors to check https://highways.dot.gov/federal-lands/business/simplified-acquisitions for any Amendments or Question and Answer documentation which shall be incorporated into your response accordingly.

All contractors are reminded that, in accordance with FAR 52.204-7, System for Award Management (SAM), they must be registered and active in the www.SAM.gov database PRIOR to submission of a quote or offer.

https://www.acquisition.gov/?q=browsefar https://highways.dot.gov/federal-lands/business/simplified-acquisitions https://highways.dot.gov/federal-lands/business/simplified-acquisitions

PART I: RFQ INFORMATION

Quotation Format

Quotations shall be submitted electronically as Adobe (.pdf) files and documents shall not contain any security restrictions (e.g. password protection) that prevent the Government from distributing and printing the document.

The Contractor shall address an understanding of logistics, schedule, and any other miscellaneous issues of which the Government should be aware. The Contractor shall indicate if any technical assumptions have been made, conditions have been stipulated or exceptions have been taken with the Government Description of Requirement as written. If technical assumptions are not noted, it will be assumed that the vendor’s quote reflects no technical assumptions for award and agrees to comply with all of the terms and conditions set forth herein.

A. Do not include marketing materials or letters of support/recommendation.

B. All text, including in tables and graphs, shall be a font size no less than 12-point font. Text in any images must be legible when printed.

C. Page margins shall be a minimum of 1 inch on each side, (top and bottom, left and right).

D. Quotations MUST include:

i. Price quote in the format of the Contract Line Item Number (CLIN) Structure table shown in Part II; and

ii. Completed copy of the representations and certifications at FAR 52.204-24, FAR 52.204-26, FAR 52.209-11, and FAR 52.212-3 as applicable;

(1) If the contractor has updated its Representations and Certifications in www.SAM.gov AFTER 10/26/2020, a statement confirming the provision posted is current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference;

iii. A completed copy of the Representation and Certifications at TAR 1252.237-71

iv. Acknowledgement of all solicitation amendments, if any.

http://www.sam.gov/

PART II: SCHEDULE OF SERVICES OR SUPPLIES

The Contractor shall furnish all supplies/services to perform the tasks described under this purchase in support of the mission of the FHWA.

CLIN DESCRIPTION QTY PRICE

00101

AMERICAN ASSOCIATION OF STATE

HIGHWAY TRANSPORTATION OFFICIALS

(AASHTO) ACCREDITATION PROGRAM

(AAP) SUBSCRIPTION SERVICE

Period of Performance: 10/01/2022 – 9/30/2023

1 LS $

LS= Lump Sum

Unique Entity Identifier:

NOTE: Unless otherwise negotiated and approved, the contractor will be paid the FFP of each CLIN upon successful completion and Government acceptance. The contractor may also request milestone payments in accordance with work completed and accepted by the Government.

Satisfactory completion and acceptance will be made by the Government Technical Point of Contact (TPOC).

PART III: STATEMENT OF WORK

1. BACKGROUND

Western Federal Lands Highway Division (WFLHD), a division of the US Department of Transportation – Federal Highway Administration, designs and administers, primarily, road construction projects on Federal Lands. The type of construction is generally 2‐lane roads or highways either accessing Federal lands or within Federal lands.

2. OBJECTIVE

WFLHD intends to procure AASHTO Lab Accreditation Program services as a means of being formally recognized for competency in the ability to perform specific tests on construction materials.

3. TASKS

Contractor shall provide continuation of the AASHTO Accreditation for FHWA – Western Federal Lands Highway Division (AMRL # 49001) for the following services of the AASHTO re:source, the Cement and Concrete Reference Laboratory, and the AASHTO Accreditation Program to be made available on request:

AASHTO Accreditation Program (AAP)

i. Annual participation in the AAP R18 “Standard Practice for Establishing and

Implementing a Quality System for Construction Materials Testing Laboratories” accreditation program.

ii. An on-site assessment of the laboratory for compliance to ISO/IEC 17025 “General Requirements for the Competence of Calibration and Testing Laboratories” will be provided along with a written report of findings.

Programs of the AASHTO re:source

iii. An in sequence on-site assessment of the laboratory will be provided along with a written report of findings.

iv. The following proficiency samples will be provided to the laboratory for testing along with a statistical report of finding.

(1) Two pairs of Viscosity Graded Asphalt Cement test samples

(2) Two pairs of Performance Graded Asphalt Binder test samples

(3) One pair of Emulsified Asphalt test samples

(4) One pair of Aggregate Gradation and Gravity test samples

(5) One pair of Aggregate Degradation test samples

(6) One pair of Hot Mix Asphalt Solvent Extraction test samples

(7) One pair of Hot Mix Asphalt Ignition Oven test samples

(8) One pair of Hot Mix Asphalt Marshall Design test samples

(9) One pair of Hot Mix Asphalt Hveem Design test samples

(10) One pair of Hot Mix Asphalt Gyratory test samples

(11) One pair of Soil Classification and Compaction test samples

(12) One pair of Soil Resistance R-Value test samples

(13) One pair of Soil California Bearing Ratio (CBR) test samples

(14) One pair of Paint test samples

(15) One pair of Slurry and Micro Systems test samples

v. Technical and administrative support for development of standards by the AASHTO Committee on Materials and Pavements.

vi. Operation of Falling Weight Deflectometer (FWD) Calibration Center Operator Certification Program (includes annual assessments of the calibration centers, annual load cell calibration, and technical support).

vii. Participation in CCRL Programs

a) An in sequence on-site assessment of the Portland cement, pozzolan, concrete, aggregate and reinforcing steel laboratory will be provided along with a written report of findings.

b) The following proficiency samples will be provided to the laboratory for testing along with a statistical report of finding.

1. Two pairs of Portland Cement test samples

2. One pair of Blended Cement test samples

3. One pair Masonry Cement test samples

4. One pair of Concrete Masonry Unit test samples

5. Two pairs of Concrete test samples

6. One pair of Masonry Mortar test samples

7. Two pairs of Pozzolan test samples

8. One pair of Rebar test samples

4. PERIOD OF PERFORMANCE

The period of performance of this procurement will be October 1, 2022 through September 30, 2022.

5. REQUIREMENTS FOR IMPLEMENTING SECTION 508 STANDARDS

NOTE: The following applies to all FHWA contracts and assistance agreements containing Information and Communication Technology (ICT) as a deliverable.

In addition to the work requirements specified in this statement of work, the Contractor shall ensure that all ICT deliverables meet the requirements of Section 508 of the Rehabilitation Act and the ICT Final Standards and Guidelines (508 Refresh) at 36 CFR Part 1194.

As defined in the 508 Refresh, at 36 CFR Part 1194, Appendix A, E103.4, ICT is “Information technology and other equipment, systems, technologies, or processes, for which the principal function is the creation, manipulation, storage, display, receipt, or transmission of electronic data and information, as well as any associated content.

Examples of ICT include, but are not limited to: computers and peripheral equipment;

information kiosks and transaction machines; telecommunications equipment; customer premises equipment; multifunction office machines; software; applications; Web sites; videos;

and, electronic documents.”

Section 508 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.

Applicable Standards:

• Appendix A to Part 1194 – Section 508 of the Rehabilitation Act: Application and Scoping Requirements

• Appendix B to Part 1194 – Section 255 of the Communications Act: Application and Scoping Requirements

• Appendix C to Part 1194 – Functional Performance Criteria and Technical Requirements

Section 508 Refresh standards are available at https://www.access-board.gov/guidelines- and-standards/communications-and-it/about-the-ict-refresh.

The Contractor shall adhere to the terms and requirements in FHWA Form 4260 Section 508 Information and Communication Technology (ICT) Conformance Criteria for Section 508 conformance. The Conformance Criteria document does not need to be completed when submitting a deliverable.

6. INSPECTION AND ACCEPTANCE

All supplies and/or work hereunder shall be subject to review by the Government. The Technical Point of Contact (TPOC) is responsible for inspection and acceptance of all incoming shipments, documents, and services. Acceptance of the final deliverables shall be made in writing by the

TPOC.

7. AUTHORITY TO OBLIGATE THE GOVERNMENT

The Contracting Officer is the only individual who can legally commit or obligate the Government to the expenditure of public funds. No cost chargeable to the proposed task order can be incurred before receipt of a fully executed task order or specific authorization from the Contracting Officer.

8. PAYMENT FOR UNAUTHORIZED WORK

No payments will be made for any unauthorized supplies and/or services or for any unauthorized changes to the work specified herein. This includes any services performed by the Contractor of their own volition or at the request of an individual other than a duly appointed Contracting Officer.

Only a duly appointed Contracting Officer is authorized to change the specifications, terms, and https://www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-ict-refresh/final-rule/text-of-the-standards-and-guidelines#appendix-a https://www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-ict-refresh/final-rule/text-of-the-standards-and-guidelines#appendix-a https://www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-ict-refresh/final-rule/text-of-the-standards-and-guidelines#appendix-b https://www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-ict-refresh/final-rule/text-of-the-standards-and-guidelines#appendix-b https://www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-ict-refresh/final-rule/text-of-the-standards-and-guidelines#appendix-c https://www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-ict-refresh/final-rule/text-of-the-standards-and-guidelines#appendix-c https://www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-ict-refresh https://www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-ict-refresh https://www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-ict-refresh https://www.fhwa.dot.gov/508/docs/form4260.pdf https://www.fhwa.dot.gov/508/docs/form4260.pdf https://www.fhwa.dot.gov/508/docs/form4260.pdf conditions under this effort.

9. PAYMENT AND PROPER SUBMISSION OF PAYMENT REQUEST(S)

a. Payment

Payment for the delivery order shall be provided under the lump sum quote amount.

Compensation is full payment for performing all contract work in a complete and acceptable manner. All risk, loss, damage, or expense arising out of the nature or prosecution of the work is included in the compensation provided by the lump sum quote amount.

b. Proper Submission of Payment Request(s)

Invoices

Electronic Submission of Payment Requests

(a) Definitions. As used in this clause—

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

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

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

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

(b) Electronic payment requests. Except as provided in paragraph (e) of this clause, the

Contractor shall submit payment requests in electronic form. Purchases paid with a Governmentwide commercial purchase card are considered to be an electronic transaction for purposes of this rule, and therefore no additional electronic invoice submission is required.

(c) The Department of Transportation utilizes the Delphi e-Invoicing web-portal for processing invoices. For vendors submitting invoices, and certain grantees submitting payment requests, they will be required to submit invoices via Delphi e-Invoicing which is accessed and authenticated via www.login.gov

(d) In order to receive payment and in accordance with the Prompt Payment Act, all invoices submitted as attachments in the Delphi e-Invoicing web-portal shall contain the following:

(1) Invoice number and invoice date.

(2) Period of performance covered by invoice.

(3) Contract number and title.

(4) Task/Delivery Order number and title (if applicable).

(5) Amount billed (by CLIN), current and cumulative.

http://www.login.gov/

(6) Total ($) of billing.

(7) Cumulative total billed for all contract work to date.

(8) Name, title, phone number, and mailing address of person to be contacted in the event of a defective invoice.

If the contract includes allowances for travel, all invoices which include charges pertaining to travel expenses will catalog a breakdown of reimbursable expenses with the appropriate receipts to substantiate the travel expenses.

(e) Payment system registration. All persons accessing the Delphi e-Invoicing web-portal will be required to have their own unique user Delphi e-Invoicing ID and password and be credentialed through login.gov.

(1) Electronic authentication. See www.login.gov for instructions. Click on the following link for instructions on establishing a login.gov account:

https://login.gov/help/creating-an-account/how-to-create-an-account/

(2) To create a login.gov account, the user will need a valid email address and a working phone number. The user will create a password and then login.gov will reply with an email confirming the email address.

(3) Vendor POC’s who require access to the e-Invoicing web-portal for invoice submission and payment tracking purposes shall complete and return the e-Authorization Application Form (see Attachment 0001) to initiate the Delphi e-Invoicing web-portal account. Vendor users and the agency POC will be notified via e-mail when the account is created and the vendor user will be provided detailed instructions for logging into their Delphi e-Invoicing account.

If the Vendor has any general questions or issues accessing the iSupplier web-portal, please have them contact the ESC iSupplier helpdesk either at:

• https://einvoice.esc.gov/

• Call Delphi helpdesk at 1-866-641-3500, option #4, then option #3

(4) Training on Delphi. To facilitate use of DELPHI, comprehensive user information is available at http://einvoice.esc.gov.

(5) Account Management. Vendors are responsible for contacting the Delphi Help Desk when their firm’s points of contacts will no longer be submitting invoices so they can be removed from the system. Instructions for contacting the Delphi Help Desk can be found at http://einvoice.esc.gov.

• To add new points of contacts, Vendors are to submit the name(s), email address(es) and phone number(s) to HCFA-10@dot.gov

Account Management

If a user ID becomes inactive/times out due no activity by the POC, the Vendor shall contact HCFA-10@dot.gov with the full name, title, phone number, e-mail address, and user ID of the POC to be reactivated. To prevent being timed out due to no-activity, users should login once within 45 days of their last login.

https://login.gov/help/creating-an-account/how-to-create-an-account/ https://einvoice.esc.gov/ http://einvoice.esc.gov/ http://einvoice.esc.gov/ mailto:HCFA-10@dot.gov mailto:HCFA-10@dot.gov

Waivers

The Department of Transportation Financial Management officials may, on a case by case basis, waive the requirement to register and use the DELPHI e-Invoicing System. Waiver request forms can be obtained on the DELPHI e-Invoicing website (http://www.dot.gov/cfo/delphi-einvoicing-system.html) or by contacting the COR. All Vendors must explain why they are unable to use or access the Internet to register and enter payment requests.

All waiver requests shall be sent via mail to:

Director of the Office Financial Management US Department of Transportation, B-30 Office of Financial Management, Room W93-431 1200 New Jersey Ave SE Washington DC 20590-0001

The Director of the DOT Office of Financial Management will confirm or deny the request within approximately 30 days.

If a Vendor is granted a Waiver, Requests for Advance or Reimbursement and required supporting documents, shall be sent 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: N. Battan

Invoices submitted via an overnight service or Express Delivery must use the following physical address:

MMAC

FHWA/AMZ-150

6500 MacArthur Blvd Oklahoma City, OK 73169 Attention: Ryan Wisniewski (405) 954-8252

All invoices, regardless of submission method, must identify the Contract Specialist as the invoicing point of contact.

http://www.dot.gov/cfo/delphi-einvoicing-system.html

Final Invoices

For firm-fixed-price (FFP) contracts where supplies are delivered or services are performed, the final invoice is not subject to further contract settlement actions between the Government and the Contractor.

10. CLOSEOUT OF CONTRACT FILES

The Government will initiate the administrative closeout of the Delivery Order after receiving evidence that all technical requirements have been completed. The Contractor shall furnish all required documents in support of the closeout of this contract.

The Government anticipates the timeframe to complete administrative close out of this contract will not exceed 6 months. The costs incurred in the administrative closeout of task orders and contract files are unallowable direct costs under the contract and, therefore, cannot be charged as direct costs to the Government. Contractors are to handle such costs in accordance with their disclosure statements/cost accounting systems.

PART IV: SOLICITATION PROVISIONS

FEDERAL ACQUISITION REGULATION (FAR)

1. Incorporated by Reference

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

52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation (Jan 2017) 52.204-7 System for Award Management (Oct 2018)

52. 204-16 Commercial and Government Entity Code Reporting (Aug 2020) 52.204-26 Covered Telecommunications Equipment or Services-Representation 52.212-Instructions to Offerors – Commercial Products and Commercial Services (Nov 2021) 52.212-3 Offeror Representations and Certifications-Commercial Products and Commercial Services (May 2022)

(End of Provision)

2. Full Text Provisions

52.203-98, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements-Representation (DEVIATION 2015-02) (Feb 2015)

(a) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), Government agencies are not permitted to use funds appropriated (or otherwise made available) under that or any other Act for contracts with an entity that requires employees or subcontractors of such entity seeking to report fraud, waste, 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.

(b) The prohibition in paragraph (a) of this provision does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

https://www.acquisition.gov/far

(c) Representation. By submission of its offer, the Offeror represents that it does not require employees or subcontractors of such entity seeking to report fraud, waste, 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.

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of 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 paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications- Commercial Items. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

The Offeror shall not complete the representation at paragraph (d)(1) of 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 paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications- Commercial Products or Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision— Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition.

(1) 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 https://www.acquisition.gov/far/52.204-26#FAR_52_204_26 https://www.acquisition.gov/far/52.212-3#FAR_52_212_3 https://www.acquisition.gov/far/52.204-26#FAR_52_204_26 https://www.acquisition.gov/far/52.212-3#FAR_52_212_3 https://www.acquisition.gov/far/52.204-26#FAR_52_204_26 https://www.acquisition.gov/far/52.212-3#FAR_52_212_3 https://www.acquisition.gov/far/52.204-26#FAR_52_204_26 https://www.acquisition.gov/far/52.212-3#FAR_52_212_3 https://www.acquisition.gov/far/52.204-25#FAR_52_204_25 substantial or essential component of any system, or as critical technology as part of any system.

Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) 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, 2020, from entering into a contract or extending or renewing a contract with an entity that uses 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. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract.

Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot 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—

(1) 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. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that— It □ does, □ does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures.

(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

https://www.sam.gov/

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number;

and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) 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);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number;

and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

PART V: CONTRACT CLAUSES

FEDERAL ACQUISITION REGULATION (FAR)

52.252-2 Clauses Incorporated by Reference (Feb 1998)

This contract incorporates one or more clauses by reference, with the same force and effects 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 https://www.acquisitions.gov/?q=browsefar

52.204-13 System for Award Management Maintenance (Oct 2018) 52.204-18 Commercial and Government Entity Code Maintenance (Aug 2020) 52.204-19 Incorporation by Reference of Representations and Certifications (Dec 2014) 52.204-21 Basic Safeguarding of Covered Contractor Information Systems (Nov 2021) 52.212-4 Contract Terms and Conditions – Commercial Items (Nov 2021) 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Products and Commercial Services (May 2022) 52.213-2 Invoices (Apr 1984) 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013)

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52.203-99, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements (DEVIATION 2015-02) (Feb 2015)

(a) The Contractor shall not require employees or subcontractors seeking to report fraud, waste, or abuse to sign or comply with 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.

(b) The contractor shall notify employees that the prohibitions and restrictions of any internal confidentiality agreements covered by this clause are no longer in effect.

(c) The prohibition in paragraph (a) of this clause does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(d) (1) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), use of funds appropriated (or otherwise made available) under that or any other Act may be prohibited, if https://www.acquisitions.gov/?q=browsefar the Government determines that the Contractor is not in compliance with the provisions of this clause.

(2) The Government may seek any available remedies in the event the contractor fails to comply with the provisions of this clause.

52.252-6 Authorized Deviations in Clauses (Nov 2020)

(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 Transportation Acquisition Regulations (48 CFR 12) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

PART VI: FHWA LOCAL CLAUSES

TRANSPORTATION ACQUISITION REGULATION (TAR)

The following Transportation Acquisition Regulation clauses are incorporated 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 https://www.transportation.gov/assistant-secretary-administration/procurement/tar-part-1252- solicitatons-provisions-and-contract 1252.223-71 -- Accident and Fire Reporting (Apr 2005) 1252.242-72 -- Dissemination of Contract Information (Oct 1994)

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FHWA LOCAL CLAUSES

1. Full Text Clauses Government Technical Point of Contact (TPOC)

(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.

(b) The Contracting Officer will designate a Government Technical Point of Contact (TPOC) at time of contract award. The TPOC’s responsibilities will include technical monitoring of the Contractor’s performance and inspecting and accepting deliveries under the contract. The TPOC will be appointed in writing, at which time ALL the responsibilities of the TPOC will be detailed, and a copy of the appointment memorandum will be furnished to the Contractor. Any changes to the TPOC delegation will be made in writing, either by changes to the existing memorandum, or by issuance of a new appointment memorandum.

Copies of any changes will be provided to the Contractor.

(c) The TPOC is 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;

(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 http://www.transportation.gov/assistant-secretary-administration/procurement/tar-part-1252-http://www.transportation.gov/assistant-secretary-administration/procurement/tar-part-1252-writing, with as much detail as possible, when the TPOC has taken an action or has issued direction (written or oral) that the Contractor considers to exceed the TPOC’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 TPOC.

(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 TPOC acting within his or her appointment, shall be at the Contractor’s risk.

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Post-Award Evaluation of Contractor Performance

(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 provide a rebuttal statement. The contractor will be permitted 60 calendar days to respond from the date of receipt of the evaluation. 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 Contracting Officer, whose decision is final.

(c) Copies of the evaluations, Contractor responses, and review comments, if any, w ll be retained as part of the contract file, and may be used to support future award decisions. The 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, and Operations Support; Architect-Engineer contracts; and Construction contracts. Reference material can be accessed in CPARS.

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 Focal Point registers the contract in CPARS, the contractor representative will receive a system generated email notifying him/her that the contract is registered. A system generated email will also provide the Contractor with a User ID if the person does not already have a CPARS User ID.

After a performance evaluation has been prepared and is ready for comment, the Contractor representative will receive a system generated email notification that the performance evaluation is electronically available for review and comment. The Contractor representative will receive an automated email whenever an assessment is completed and can subsequently retrieve the completed assessment from CPARS.

Contractors may access evaluations in CPARS for review and comment.

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