69056721Q000044.pdf

REQUEST FOR QUOTATION (RFQ)

Issuing Office: United States Department of Transportation

Federal Highway Administration (FHWA) Western Federal Lands Highway Division 610 E Fifth Street

Vancouver, WA 98661-3801

Agency Contact: Douglas Taylor, Contract Specialist Telephone: (360) 619-7738 Email: WFL.Purchasing@dot.gov

Solicitation Number: 69056721Q000044

Title: CONSTRUCTION SCHEDULE CONSULTING

SERVICES

Solicitation Release Date: 7/27/2021

Technical Questions Due Date: Monday, 8/16/2021, at 4:00pm PT

Quotation Due Date: Thursday, 8/19/2021, at 2:00pm PT

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PART I – INFORMATION AND INSTRUCTIONS

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1. RFQ INFORMATION

This is an OPEN-MARKET Labor Hour (LH) RFQ for Construction Schedule Consulting Services. 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; quotes are being requested and a written solicitation will not be issued.

The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2021-06 dated 7/12/2021.

This solicitation is a TOTAL SMALL BUSINESS SET-ASIDE solicitation and the North American Industry Classification System (NAICS) code is 541330 with an industry size standard of $16.5 million and the associated Product Service Code (PSC) is R425.

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.

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.

Due to Federal Acquisition Regulation (FAR) changes effective 10/26/2020, it is recommended that all vendors update their www.SAM.gov registration to respond to the most current Representations and Certifications.

2. INSTRUCTIONS FOR PREPARATION OF QUOTATIONS

All questions concerning this RFQ shall be submitted electronically to WFL.Purchasing@dot.gov, no later than the due date and time on page 1 of this RFQ.

Each prospective Quoter should attempt to state each question in such a way that the Quoter would have no objection to the Government publishing that precise question (and its answer) in a formal amendment to the RFQ. Additionally, each prospective Quoter 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 Quoter considers to be proprietary or confidential.

In responding to this RFQ, 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

I-2 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.

Quotations shall be submitted electronically as Adobe (.pdf) files to WFL.Purchasing@dot.gov in a SINGLE email whose size shall not exceed twenty Megabytes (20MB) no later than the due date and time on page 1 of this RFQ.

Quotations shall be valid for a period of no less than sixty (60) days from the closing date of the RFQ. Document(s) shall not contain any security restrictions (e.g. password protection) that prevent the Government from distributing and printing the document(s) and shall not include marketing materials or letters of support/recommendation

The Government reserves the right to request such additional information as may be necessary to determine the offeror’s qualifications for award or to clarify any aspects of the technical and/or cost/price submissions. Such information shall be furnished promptly upon the Government’s request.

Offerors shall not be reimbursed the costs of developing a quote for this RFQ.

Quotations shall be submitted in two parts consisting of a (1) non-price and (2) price section.

A. Format and Content of Non-Price Section. The non-price section shall be organized by evaluation factor and sequenced in the order below. The Offeror shall address the following factors in sufficient narrative and qualitative detail to be evaluated.

EVALUATION FACTORS

i. Evaluation Factor 1 – Technical Compliance with Solicitation Requirements

To meet the technical compliance factor, Offerors must submit ALL items identified in Part I of the solicitation. Offerors will be evaluated on a pass/fail basis with respect to this evaluation factor. Quotes that do not include all identified items will fail and be excluded from further consideration and quotes that pass will be further evaluated.

ii. Evaluation Factor 2 – Personnel Qualifications

Offeror shall furnish a resume not-to-exceed ten (10) single-sided pages for a maximum of three (3) Scheduling Professionals to perform the tasks identified in Part III, Section

4. Each resume shall demonstrate qualifications in the subfactors stated below along with performance references and contact information for work completed within the last five (5) years.

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SUBFACTORS

(1) Current certification as a Project Management Institute Scheduling Professional

(PMI-SP) or Planning & Scheduling Professional (PSP) is mandatory for this subfactor;

(2) Experience performing project control services on roadway and bridge projects managed with critical path method (CPM) construction schedules. Experience includes:

(a) Reviewing baseline schedule submittals, narratives, and associated documents for reasonableness with respect to activity durations, logic, sequencing, and general compliance with contractual requirements;

(b) Evaluating and managing construction schedule updates to assure timely contract completion; and

(c) Performing time impact and schedule recovery analysis to assess the effects of contract changes on schedule;

(3) Experience performing delay and disruption claims analysis for projects governed by FAR clauses;

(4) Experience providing training on analysis of construction CPM schedules and the use of scheduling software and evaluation tools;

(5) Experience providing training related to construction contract claims and delay & disruption claims.

(6) Experience communicating ideas and strategies related to work in the above identified areas.

The Government may contact references provided for the Customer/Contracting Agencies to ascertain the performance of proposed personnel as it relates to Quality, Schedule and Management requirements. Information obtained from the references may be used in the evaluation of strengths, weaknesses, and deficiencies.

For the subfactors listed above, subfactor (1) will be evaluated on a pass/fail. The remaining subfactors (2) thru (6) will be evaluated based on strengths, weakness, and deficiencies demonstrated by the individual’s experience with performing project controls services, analyzing delay and disruption claims, and providing personalized training on CPM scheduling and claims. Proposed personnel demonstrating strengths in communicating ideas and strategies to others will be evaluated more favorably.

Proposals with a lesser number of Scheduling Professionals will be rated more favorably. Proposed personnel demonstrating greater strengths and little to no weaknesses and deficiencies will be evaluated more favorably. When a quote is submitted with more than one resume, the resume with the lowest score will be used for comparison purposes.

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Evaluation Factor 3 – Capacity to Accomplish Work

Offerors shall provide a narrative describing the methods, techniques, and tools to be used to schedule and accomplish the work. The narrative shall demonstrate the offeror’s overall capacity and capability to accomplish the Statement of Work Tasks on approximately twenty-four (24) projects over an 18-month time frame.

Anticipate that tasks 4.A through 4.D will occur in the first 12 month period; tasks 4.A through 4.C must meet the impromptu schedule dates commencing on the date each schedule is received, and no more than one (1) task 4.B meeting will be scheduled on any given day. State any limiting factors that would prevent offeror’s ability to meet this schedule. Narrative shall not exceed three (3) singled-sided pages.

The Offerors will be evaluated on strengths, weakness, and deficiencies in demonstrating their ability to perform the tasks on schedule and the methods, techniques, and tools to be used to accomplish the work. Offerors without the ability to perform on the schedule shown will not be considered. Offerors showing flexibility in accommodating task 4.C meeting dates set by others and having strong methods, techniques, and tools to be used to schedule and accomplish this work will be rated more favorable. Offerors with weaknesses or deficiencies in methods, techniques, and tools to be used to schedule or accomplish the work will be evaluated less favorable.

iii. Evaluation Factor 4 – Relevant Past Performance

Past performance information is an indicator of an offeror’s ability to perform the contract successfully. The currency and relevance of the information, source of the information, context of the data, and general trends in contractor’s performance will be considered.

Evaluation of past performance may be based on information obtained from references submitted by the offeror as well as information obtained from other sources such as CPARS, FAPPIS, PPIRS, SAM and any other sources deemed necessary by the Contracting Officer. Only ongoing contracts and contracts completed within the past three years will be evaluated with respect to past performance. Offerors that lack relevant past performance will be evaluated neither favorably nor unfavorably on past performance.

Offerors shall have a minimum of three (3) customers complete the Past Performance Reference Questionnaire (Attachment 0001) and submit such surveys to FHWA via e-mail WFL.Purchasing@dot.gov with the subject line “69056721Q000044 Past Performance Review for < insert vendor name >”

The government will evaluate past performance for strengths, weaknesses, and deficiencies.

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B. Format and Content of Price Section. Submit the completed Cost Schedule table shown in Part II.

i. Evaluation Factor 5 – Price. The Offeror shall submit a completed Cost Schedule

(Section II) including Unique Entity Identifier (DUNS) in the space provided and shall enter unit prices and extended totals for each item listed. The price shall include all necessary supervision, management, labor, transportation, equipment, materials, and any other direct incidental costs, overhead and profit.

ii. Offeror shall submit a 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 Certification in www.SAM.gov AFTER 10/26/2020, a copy of the Contractor’s FAR Report from SAM.gov will fulfill this requirement.

iii. Offeror shall submit a completed copy of the certification at TAR 1252.237-71 (see page IV-20 and 21)

3. EVALUATION METHOD AND BASIS FOR AWARD

The Government will award one Task Order resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

Personnel Qualifications Capacity to Accomplish Work Relevant Past Performance Price

Personnel Qualifications, Capacity to Accomplish Work and Relevant Past Performance, when combined, are significantly more important than Price.

The Government intends to award without discussions; however, the Government reserves the right to enter into discussions if determined necessary. Additionally, the Government reserves the right to make no award from this solicitation.

NOTE: Failure to furnish all information required will result in your quotation being considered non-responsive and eliminated from further consideration.

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PART II – COST SCHEDULE

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The Contractor shall furnish all supplies/services to perform the Construction Scheduling Consulting Services tasks described in the Statement of Work on a Labor Hours basis in support of the mission of the FHWA.

Labor Hours

Classification Estimated

Hours Rate Subtotal

Scheduling Professional 495 $ $

Subtotal Labor Hours and Cost

495 $

Direct Expenses

Rental Car ## Days N/A $0.00

Car Mileage ## Miles N/A $0.00

Supplies 1 LPSM $

Subtotal Direct Expense Costs

Travel Expenses

Air Travel – round-trip and related expenses

# Trip(s) $0.00

Lodging # Nights N/A $0.00

Meals & Incidentals – First and Last Day (75%)

# People N/A $0.00

Meals & Incidentals – Full Day

# People N/A $0.00

Subtotal Travel Expense Costs

$0.00

# of People, # Trips, Duration of each trip

Total of Labor, Direct Expenses, and Travel Expenses

PART II – COST SCHEDULE

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THE NOT-TO-EXCEED AMOUNT OF THIS ORDER IS $ TBD

Unique Entity Identifier (DUNS):

PART III – STATEMENT OF WORK (SOW)

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1. INTRODUCTION

A. Background

Western Federal Lands Highway Division (WFLHD), a division of the US Department of Transportation – Federal Highway Administration (FHWA), 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.

FLH delivers most of their projects through five programs; Federal Lands Access, Federal Lands Transportation Program, Tribal Transportation Program, Defense Roads, and Emergency Relief for Federally Owned Roads (ERFO). FLH division offices also intermittently deliver “non-core” project work for county and state partners. FLH combined program and non-core work occurs in all 50 States and the US Territories. This work is to improve the transportation infrastructure owned and maintained by the following Federal Lands Management Agencies: National Park Service (NPS), US Fish and Wildlife Service (FWS), USDA Forest Service (Forest Service), Bureau of Land Management (BLM), US Army Corps of Engineers (USACE), Bureau of Reclamation and in dependent Federal agencies with land and natural resource management responsibilities.

B. Project Scope of Work

This action is to assist the Western Federal Lands (WFL) Construction Branch with developing in-house scheduling expertise and to promote effective use of project schedules both internally and with construction contractors. WFL will be evaluating a new Special Contract Requirement (SCR) for Section 155. Schedules For Construction Contracts. This SCR will be included on approximately 24 projects and will identify the construction contracts associated with this task order.

Work will primarily focus on supporting the Project Engineer (PE) with their review, approval, and use of contractor furnished highway and bridge construction schedules over a period of 18-months. Support will include training to effectively use the scheduling software to: review highway and bridge construction schedules; communicate scheduling requirements to construction contractors; perform time impact / schedule recovery analysis; and implement schedule review techniques for claims avoidance.

Work will also include providing the Government Technical Point of Contact (TPOC) with a summary of lessons learned, recommended specification revisions and a summary of current state of developed in-house schedule expertise resulting from this contract.

FHWA is the lead agency for the project. Do not accept any direction or take additional work that is beyond the scope of this order that has not been approved through the Contracting Officer (CO). During discussions with FHWA personnel, do not suggest performance of additional work that is beyond the scope of this order. The CO is the only representative that has the authority to revise or add work under the requirements of this Task Order.

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2. PROJECT LOCATION AND DESCRIPTION

Projects will be located across the United States though primarily in the Northwest states of Alaska, Washington, Oregon, Idaho, Montana, and Wyoming. Work will cover a wide span of highway construction activities from pavement preservation to highway restoration to complete highway and bridge reconstruction projects.

It is anticipated that all work will be accomplished from the Offeror’s office location through phone calls and video-conferencing technology and no travel will be required to accomplish these tasks.

Should it be determined at a later date that travel is required, all travel costs will be reimbursed based upon actual costs incurred and in accordance with the Joint Travel Regulations (JTR).

3. WORK PERFORMANCE AND QUALITY STANDARDS

All deliverables are subject to review and acceptance by WFLHD. Contractor will not release or otherwise make public deliverables or make public presentations concerning this project without prior written permission of WFLHD.

WFLHD views Contractor’s work on this task order as support. Therefore, Contractor will not assume the role as primary contact for the public, media, or other agencies.

A maximum of three (3) qualified Scheduling Professionals may be assigned tasks under this Task Order with one (1) being designated as the Primary Point of Contact (POC) to assign individual projects and present the summary of findings under Section 4.F. One (1) Scheduling Professional is to be assigned all tasks on any given project. Provisions for substituting a Scheduling Professional after award of this contract will require review and approval by the CO, based on the same qualifications identified as part of this RFQ.

Document contacts with the media and requests for information on FHWA Form 1537 and submit immediately to the TPOC. Contacts with offices of elected officials shall be reported on the same or next business day to the TPOC.

4. STATEMENT OF WORK TASKS

Anticipate communication through use of technology such as, but not limited to, ‘MS Teams Meetings’ to allow for shared screens, verbal communication, written chats, and phone calls.

Conduct communication with WFL TPOC/PE in a manner intended to develop in-house scheduling review expertise (quasi hands-on, on-the-job training).

A. Review Baseline Schedule: The construction contractor is to submit a baseline schedule to the PE for review at least 14-days before a baseline scheduling meeting. The TPOC will transmit this baseline schedule in pdf and native file format. Upon receipt, assess the schedule for compliance with contract specifications specific to schedule logic, activity relationships, calendars, critical path identification, and program settings. No analysis of the contractor’s means and methods are to be assessed. Complete this assessment in the same program used for developing the schedule or a program that will not alter the

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contractor’s data, logic, or settings. A compatible heath check and metric program may also be used.

It is estimated that this task will require approximately 4 hours for each review for a total of 96 hours over the life of the task order.

B. Present Baseline Schedule Review Findings: Within 7-days of receipt of the baseline schedule provide the TPOC with a written summary of potential schedule flaws. Through MS Teams Meeting or other appropriate venue, present the findings to the TPOC/PE by demonstrating software tools and the analysis techniques used. Assist the TPOC/PE to help them develop appropriate questions to be asked of the construction contractor to determine whether or not scheduling corrections are necessary for FHWA to approve the baseline schedule.

It is estimated that this task will require approximately 1.5 hours for each presentation for a total of 36 hours over the life of the task order.

C. Attend Baseline Scheduling Meeting: A virtual baseline schedule meeting will be conducted by the construction contractor. Attend this meeting to support the TPOC/PE in the schedule review process. During the meeting the construction contractor will be required to present the baseline schedule on screen, using their scheduling software and to make corrections when necessary to comply with the contract specifications.

Communicate with the TPOC/PE during the meeting through tools such as “chats” and “breakout sessions” to assist the TPOC/PE in their review of schedule modifications to determine whether corrections adequately address contract compliance.

The Government will ensure no more than 1 schedule review meeting is held on a given day. Therefore, a maximum of 1 Scheduling Professionals will be required at any given time for this task.

It is estimated that this task will require approximately 8 hours for each meeting for a total of 192 hours over the life of the task order.

D. TPOC Debriefing: Provide summary of lessons learned and meet with TPOC (and PE if available) to discuss these findings. If identified, provide the TPOC with any recommended specification updates by marking up a copy of the specification.

It is estimated that this task will require approximately 1 hour for each debriefing for a total of 24 hours over the life of the task order.

E. Schedule Update Support: Provide support to the TPOC/PE on a “call-in basis” to answer scheduling questions relating to monthly schedule updates and the evaluation of time impact/schedule recovery analysis associated with contract changes. Provide support by demonstrating scheduling software tools, analysis, and claims avoidance techniques.

It is estimated that this task will require an average of 6 hours per project for a total of 144

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hours over the life of the task order.

F. Closeout Meeting: At the end of the contract provide a written summary of any final recommendations that may improve the effectiveness of construction schedules within WFL and describe state of in-house schedule review expertise resulting from this contract.

Conduct a closeout meeting with the TPOC to discuss these findings.

It is estimated that this task will require approximately 3 hours.

5. GOVERNMENT PROVIDED ITEMS

Upon award of each project to the construction contractor, project plans and specifications for each project will be electronically transmitted.

Upon receipt of the contractors baseline schedule, the documents will be electronically transmitted.

6. DELIVERABLES AND SCHEDULES

Task Deliverable Copies Submittal to WFLHD

4.A Review Baseline Schedule Elec.

w/in 7 calendar days after receipt of schedule

4.B Present Baseline Schedule Review Findings

Elec.

w/in 9 calendar days after receipt of schedule

4.C Attend Baseline Schedule Meeting Elec.

w/in 14 calendar days after receipt of schedule (date TBD)

4.D TPOC Debriefing Elec.

w/in 5 calendar days following baseline scheduling meeting

4.E Schedule Update Support Elec.

On-Call basis with messages responded to within 24 hours

4.F Closeout Meeting Elec.

18 months After Receipt of Order

(ARO)

7. QUALIFICATIONS

The desired Schedule Professional(s) must have the following minimum qualifications:

Current certification as a Project Management Institute Scheduling Professional (PMI-SP) or Planning & Scheduling Professional (PSP);

Practical experience performing project control services including:

o Reviewing baseline schedule submittals, narratives, and associated documents for reasonableness with respect to activity durations, logic, sequencing, and general compliance with contractual requirements with a minimum of 3 projects associated with roadway and bridge projects administered using critical path method (CPM) construction schedules;

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o Evaluating and managing ongoing CPM construction schedule updates as compared to the baseline schedule; and o Performing time impact and schedule recovery analysis for contract changes.

Practical experience in analysis of delay and disruption claims including experience applying FAR clauses governing contract changes;

Practical experience presenting training on construction critical path method scheduling analysis and the application of scheduling software;

Practical experience presenting training on avoidance of construction contract claims, analysis of differing sight conditions, and delay & disruption claims.

Satisfactory performance on prior assignments performing work similar in nature, magnitude, and complexity.

8. NON-PERSONAL SERVICES

This order is a non-personal services as defined in the FAR at subpart 37.101. It is understood and agreed that the Contractor and/or Contractor’s employees and subcontractors:

A. Shall perform the services specified herein as independent contractors, not as employees of the government;

B. Shall be responsible for their own management and administration of the work required and bear sole responsibility for complying with any and all technical, schedule, or financial requirements or constraints attendant to the performance of this contract;

C. 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

D. Shall, pursuant to the government’s right and obligation to inspect, accept or reject the work, comply with such general direction of the Contracting Officer, or the duly authorized representative of the Contracting Officer, as is necessary to ensure accomplishment of the contract objectives.

9. 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;

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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.

10. NOTICE REGARDING LATE DELIVERY/DELAYED PERFORMANCE

The contractor will immediately notify the CO in writing in the event the contractor encounters difficulty in performance by giving pertinent details, including the date by which it expects to complete performance or make delivery. However, the notification will be informal only in character and will not be construed as a waiver by the Government of any contractual delivery schedule or date, or any rights or remedies provided by law or under this effort.

11. INSPECTION AND ACCEPTANCE

All supplies and/or work hereunder shall be subject to review by the Government. The 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.

12. AUTHORITY TO OBLIGATE THE GOVERNMENT

The CO 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 CO.

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13. 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 CO. Only a duly appointed CO is authorized to change the specifications, terms, and conditions under this effort.

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

A. Payment

The Government will pay the Contractor for the full performance required under the terms of this Purchase Order. The ceiling price of the Purchase Order is an estimate of the total work required. The Contractor will be paid for actual work performed. Work not performed will not be compensated.

B. Proper Submission of Payment Request(s)

i. Invoices

(1) Electronic Submission of Payment Requests

(a) Definitions. As used in this clause—

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

(ii) 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.

(iii) 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.

(iv) 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

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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:

(i) Invoice number and invoice date.

(ii) Period of performance covered by invoice.

(iii) Contract number and title.

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

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

(vi) Total ($) of billing.

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

(viii) 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.

(i) 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/

(ii) 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.

(iii) 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 0002) 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

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

(v) Account Management. Vendors are responsible for contacting the Delphi Help Desk when their firm’s points of contacts will no longer be submitting

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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

ii. 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.

iii. 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 of Financial Management US Department of Transportation, B-30 Office of Financial Management, Room W93-431 1200 New Jersey Avenue SE Washington DC 20590-0001 or electronically to: DOTeInvoicing@dot.gov

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: Douglas Taylor

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

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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.

iv. Final Invoices

Further contract settlement actions may exist where final invoices are not to be submitted yet until these contract settlement actions are resolved. For these contracts, the CO will process final invoices as a routine part of the closeout process. When requested, the Contractor shall submit the final invoice directly to the CO along with the final closeout documents. When the final invoice is ready for payment, the CO will inform the Contractor that the final invoice can be submitted through the iSupplier system.

15. 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.

16. PREFORMANCE SCHEDULE

The work listed above shall be completed within 18 months ARO.

17. ATTACHMENTS

Attachment 0001: Past Performance Reference Questionnaire Attachment 0002: eAuthorization Application

PART IV – SOLICITATION PROVISIONS

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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 (Oct 2018) 52.204-22 -- Alternative Line Item Proposal (Jan 2017) 52.212-1 -- Instructions to Offerors—Commercial Items (Jul 2021) 52.229-11 -- Tax on Certain Foreign Procurements—Notice and Representation (Jun 2020) 1252.239-71 Information Technology Security Plan and Accreditation (Apr 2005)

(End of provision)

2. Full Text Provisions

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

(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.

(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

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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.

(End of provision)

52.204-24 -- Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Oct 2020)

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.

(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 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.

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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);

(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

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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.

(End of provision)

52.204-26 Covered Telecommunications Equipment or Services-Representation (Oct 2020)

(a) Definitions. As used in this provision, "covered telecommunications equipment or services" and "reasonable inquiry" have 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)(1) 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.

(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 any equipment, system, or service that uses covered telecommunications equipment or services.

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(End of provision)

52.212-3 -- Offeror Representations and Certifications -- Commercial Items (Feb 2021)

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 (v)) of this provision.

(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…