Amendment 0003 - NP-BLRI 2D17.pdf

(x)

693C7322R000008 x x

1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted ; or (c) By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGEMENT TO BE

RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR

OFFER. If by virtue of this amendment you desire to change an offer already submitted , such change may be made by letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

x

ASHBURN VA 20147

ATTN: CONSTRUCTION

693C73

SUITE E2-3-300

QUANTUM PARK, 22001 LOUDOUN COUNTY PKWY

EASTERN FEDERAL LANDS HIGHWAY DIVISION

FEDERAL HIGHWAY ADMINISTRATION

ASHBURN VA 20147

ATTN: ACQUISITIONS

693C73

SUITE E2-3-300

QUANTUM PARK, 22001 LOUDOUN COUNTY PKWY

EASTERN FEDERAL LANDS HIGHWAY DIVISION

FEDERAL HIGHWAY ADMINISTRATION

See Block 1411/22/20210003

13. THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTS/ORDERS. IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

12. ACCOUNTING AND APPROPRIATION DATA (If required) is not extended.is extended, Items 8 and 15, and returning

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended , by one of the following methods: (a) By completing

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

FACILITY CODE CODE

10B. DATED (SEE ITEM 13)

10A. MODIFICATION OF CONTRACT/ORDER NO.

9B. DATED (SEE ITEM 11)

9A. AMENDMENT OF SOLICITATION NO.

CODE

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code)

7. ADMINISTERED BY (If other than Item 6)CODE 6. ISSUED BY

PAGE OF PAGES

4. REQUISITION/PURCHASE REQ. NO.3. EFFECTIVE DATE2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO. (If applicable)

1. CONTRACT ID CODE

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

10/21/2021

CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority) appropriation data, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

E. IMPORTANT: Contractor is not is required to sign this document and return __________________ copies to the issuing office.

ORDER NO. IN ITEM 10A.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

Project NP-BLRI 2D17

The purpose of this Amendment is to:

1) Revise Special Contract Requirements (J-Pages) to make required changes.

2) Revise FAR and TAR Clauses Construction Contract Requirements (Section H) to include FAR clause 52.246-21 "Warranty of Construction (as amended) (MAR 1994)".

3) Revise Contract Clauses Index FAR & TAR Clauses Incorporated By Full Text to include FAR clause 52.246-21 "Warranty of Construction (as amended) (MAR 1994)".

4) The proposal due date will remain January 18, 2022, at 2:00 pm EST.

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)15A. NAME AND TITLE OF SIGNER (Type or print)

15C. DATE SIGNED 16B. UNITED STATES OF AMERICA 15B. CONTRACTOR/OFFEROR 16C. DATE SIGNED

(Signature of person authorized to sign) (Signature of Contracting Officer)

STANDARD FORM 30 (REV. 11/2016)

Prescribed by GSA FAR (48 CFR) 53.243

Previous edition unusable

Except as provided herein, all terms and conditions of the document referenced in Item 9 A or 10A, as heretofore changed, remains unchanged and in full force and effect .

Amendment 0003

Info Page 1 of 1

U.S. DEPARTMENT OF TRANSPORTATION

FEDERAL HIGHWAY ADMINISTRATION

EASTERN FEDERAL LANDS HIGHWAY DIVISION

Amendment No. 0003

Project NP-BLRI 2D17

Laurel Fork Bridge Replacement

Solicitation: 693C73-22-R-000008

The purpose of this Amendment is to:

1) Revise Special Contract Requirements (J-Pages) to make required changes.

2) Revise FAR and TAR Clauses Construction Contract Requirements (Section H) to include

FAR clause 52.246-21 “Warranty of Construction (as amended) (MAR 1994)”.

3) Revise Contract Clauses Index FAR & TAR Clauses Incorporated By Full Text to include

FAR clause 52.246-21 “Warranty of Construction (as amended) (MAR 1994)”.

4) The proposal due date will remain January 18, 2022, at 2:00 pm EST.

Request for Proposal Changes

1) Delete Section 404 of the Special Contract Requirements, pages J-27 though J-29 and substitute the attached Section 404.

2) Delete Construction Contract Requirements, pages H-1 through H-5 and substitute the attached FAR and TAR Clauses General Contract Requirements (Section H)_Amendment

0003.

3) Delete Contract Clauses Index, page 5 and substitute the attached Contract Clauses Index

FAR & TAR Clauses Incorporated By Full Text_Amendment 0003.

Section 404. – Asphalt Concrete Pavement Warranty

Description

404.01 This work consists of providing a warranty for hot or warm mix asphalt concrete pavement.

Construction Requirements

404.02 General. Follow the requirements of FAR Clause 52.246-21 Warranty of Construction, as amended.

404.03 Warranty Requirement. A 1-year warranty is required on all asphalt pavement items.

The 1-year time period begins from the point of final acceptance. All warranty work items will be repaired at no additional cost the government. Table 404-1 contains warranty criteria information.

(a) Warranty Criteria.

Table 404-1

Evaluation Method

Warranty

Indicator Threshold/Description

Initial

Identification

Evaluation

Methods (B) Possible Remedial Action

Shoving/Rutting

An occurrence of a localized depression of greater than

0.375 inch

Visual inspection

Measure and document length and width of rutting/shoving.

Mill distressed area to a full lane width and 50' length on each side and replace surfacing. Depth of milling not to exceed pavement depth.

Potholes, Raveling, Slippage/ delamination

1. Pothole with an area of 1

SF or greater and depth greater than 1 inch

2. Raveling - wearing away of the pavement surface to a depth exceeding 0.5 inches .

3. Slippage/Delamination -tearing of the asphalt surface

Visual inspection

Confirm initial findings by measurement and visual observation.

Document locations and quantity of distress exceeding threshold.

Remove and replace distressed area of area to a depth no greater than the pavement depth, to a full lane width and 50' length on each side.

Cracking

(Longitudinal and

Transverse)(A)

Visible Cracking greater than 0.125 inches in width

Visual inspection

Measure and document crack type, length, and width.

Remove and replace distressed area to a depth no greater than the pavement depth and to the full lane width

Note: If distance between repair areas is less than 100 feet, the CO may require one continuous repair.

(A)Longitudinal and transverse joints will not be considered cracks.

(B) Measure using methodologies in FHWA-HRT-13-092 (Rev May 2014)

(b) Determination.

The CO will make a determination on conditions exceeding contract thresholds in Table 404-1 values requiring remedial action and notify the Contractor. During the warranty period, the

Contractor may monitor the project using nondestructive methods and may participate with the

CO in the field evaluation(s) upon request.

404.04 Remedial Work. Submit a remedial action plan within 15 days of notification of the determination by the CO. Begin remedial work within 30 calendar days of approval by the CO.

Complete all work within 90 days of notification of the determination unless otherwise approved.

Notify the CO in writing prior to beginning any remedial work. Complete remedial work according to the specifications for that work item and as approved by CO. Submit a traffic control plan and provide temporary traffic control during the remedial work according to

Sections 156 and 635. If remedial work necessitates a corrective action to overlying asphalt layers, pavement markings, adjacent lane(s), roadway shoulders, or other affected Contract work, perform these corrective actions as part of the remedial action. Complete all remedial work as approved by the CO.

404.05 Acceptance The CO will provide written acceptance of the warranted construction upon expiration of the warranty period or satisfactory completion of any required remedial actions, whichever is later.

Measurement

404.06 Do not measure warranty remediation items for payment.

Payment

404.07 No payment will be made for costs associated with warranty remediation.

H-1

FEDERAL ACQUISITION REGULATION AND

TRANSPORTATION ACQUISITION REGULATION CLAUSES

CONSTRUCTION CONTRACT REQUIREMENTS

(Updated through FAC 2021-07)

52.211-10 COMMENCEMENT, PROSECUTION, AND

COMPLETION OF WORK (APR 1984)

The Contractor shall be required to (a) commence work under this contract within (SEE SF 1442, BLOCK 11 FOR

NUMBER OF DAYS) calendar days after the date the

Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than (THE TIME INDICATED IN THE

CONTINUATION OF THE SF 1442, BLOCK 11). The time stated for completion shall include final cleanup of the premises.

(End of Clause)

52.211-12 LIQUIDATED DAMAGES—

CONSTRUCTION (SEPT 2000)

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of (SEE

SUBSECTION 108.04 OF THE FP AND/OR SPECIAL

CONTRACT REQUIREMENTS FOR AMOUNT) for each calendar day of delay until the work is completed or accepted.

(b) If the Government terminates the Contractor's right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

(End of Clause)

52.211-18 VARIATION IN ESTIMATED QUANTITY

(APR 1984)

If the quantity of a unit-priced item in this contract is an estimated quantity and the actual quantity of the unit-priced item varies more than 15 percent above or below the estimated quantity, an equitable adjustment in the contract price shall be made upon demand of either party. The equitable adjustment shall be based upon any increase or decrease in costs due solely to the variation above 115 percent or below 85 percent of the estimated quantity. If the quantity variation is such as to cause an increase in the time necessary for completion, the Contractor may request, in writing, an extension of time, to be received by the Contracting Officer within 10 days from the beginning of the delay, or within such further period as may be granted by the Contracting Officer before the date of final settlement of the contract. Upon the receipt of a written request for an extension, the Contracting

Officer shall ascertain the facts and make an adjustment for extending the completion date as, in the judgment of the

Contracting Officer, is justified.

(End of Clause)

52.236-1 PERFORMANCE OF WORK BY THE

CONTRACTOR (Apr 1984)

The Contractor shall perform on the site, and with its own organization, work equivalent to at least 50 percent of the total amount of work to be performed under the contract. This percentage may be reduced by a supplemental agreement to this contract if, during performing the work, the Contractor requests a reduction and the Contracting Officer determines that the reduction would be to the advantage of the

Government.

(End of Clause)

52.236-4 PHYSICAL DATA (APR 1984)

Data and information furnished or referred to below is for the

Contractor's information. The Government shall not be responsible for any interpretation of or conclusion drawn from the data or information by the Contractor.

(a) The indications of physical conditions on the drawings and in the specifications are the result of site investigations

(SEE CONTINUATION OF SF 1442, BLOCK 9).

(b) Weather conditions: CONTACT LOCAL OFFICE

OF NATIONAL WEATHER SERVICE, U.S.

DEPARTMENT OF COMMERCE.

(c) Transportation facilities: N/A

(d) Other Information: SEE CONTINUATION OF SF

1442, BLOCK 9.

(End of Clause)

52.246-21 WARRANTY OF CONSTRUCTION, as amended (MAR 1994)

(a) In addition to any other warranties in this contract, the

Contractor warrants, except as provided in paragraph (i) of this clause, that work performed under Section 404, Asphalt

Concrete Pavement and Section 503, Concrete Pavement of this contract conforms to the contract requirements and is free of any defect in equipment, material, or design furnished, or workmanship performed by the Contractor or any subcontractor or supplier at any tier.

(b) This warranty shall continue for a period of 1 year from the date of final acceptance of the work. If the Government takes possession of any part of the work before final acceptance, this warranty shall continue for a period of 1 year from the date the Government takes possession.

(c) The Contractor shall remedy at the Contractor’s expense any failure to conform, or any defect. In addition, the

Contractor shall remedy at the Contractor’s expense any damage to Government-owned or controlled real or personal property, when that damage is the result of-

(1) The Contractor’s failure to conform to contract requirements; or

(2) Any defect of equipment, material, workmanship, or design furnished.

(d) The Contractor shall restore any work damaged in fulfilling the terms and conditions of this clause.

H-2

(e) The Contracting Officer shall notify the Contractor, in writing, within a reasonable time after the discovery of any failure, defect, or damage.

(f) If the Contractor fails to remedy any failure, defect, or damage within a reasonable time after receipt of notice, the

Government shall have the right to replace, repair, or otherwise remedy the failure, defect, or damage at the

Contractor’s expense.

(g) With respect to all warranties, express or implied, from subcontractors, manufacturers, or suppliers for work performed and materials furnished under this contract, the

Contractor shall-

(1) Obtain all warranties that would be given in normal commercial practice;

(2) Require all warranties to be executed, in writing, for the benefit of the Government, if directed by the Contracting

Officer; and

(3) Enforce all warranties for the benefit of the

Government, if directed by the Contracting Officer.

(h) In the event the Contractor’s warranty under paragraph

(b) of this clause has expired, the Government may bring suit at its expense to enforce a subcontractor’s, manufacturer’s, or supplier’s warranty.

(i) Unless a defect is caused by the negligence of the

Contractor or subcontractor or supplier at any tier, the

Contractor shall not be liable for the repair of any defects of material or design furnished by the Government nor for the repair of any damage that results from any defect in

Government-furnished material or design.

(j) This warranty shall not limit the Government’s rights under the Inspection and Acceptance clause of this contract with respect to latent defects, gross mistakes, or fraud.

(End of Clause)

Local Clause:

U.S. Department of Transportation

Federal Highway Administration

Office of Acquisition Management

Acquisition Procedural Memorandum (APM)

Purpose: This Acquisition Procedural Memorandum

(APM) revises APM 002-B to increase the Simplified

Acquisition Threshold (SAT) from $150,000 to $250,000 in accordance to the Class Deviation No. CD-18-002 issued by the Department, and to also increase the thresholds for past performance evaluations for construction contracts and architect-engineering contracts to $800,000 and $35,000 respectively, pursuant to FAR 42.1502.

Background: The Federal Acquisition Regulation (FAR) requires that contractor performance information be collected (FAR Part 42) and used in source selection evaluations (FAR Part 15). FAR Subpart 42.1502 requires all agencies prepare an evaluation of contractor performance for each contract in excess of the SAT, with the exception of construction and architect-engineering contracts which have thresholds detailed below. Interim evaluations shall also be prepared to provide current information for source selection purposes, for contracts or orders with a period of performance over one year, including options.

Effective October 1, 2010, all Department of Transportation

Operating Administrations (OAs) were required to use

CPARS to complete interim and final past performance evaluations on contractors. General information on the use of this Internet-based system can be found at the CPARS site located at http://www.cpars.gov/.

General Requirements/Procedures

A. Applicability

This APM applies to all contracts (supplies and/or services

>$250,000, construction contracts >$800,000, architect-engineering contracts >$35,000). This includes orders placed against a Federal Supply Schedule contract and orders against contracts awarded by another agency. For

Basic Ordering Agreements, a Contractor Performance

Assessment Report (CPAR) should only be completed for each order meeting the reporting threshold. When an indefinite-delivery contract or a Blanket Purchase

Agreement (BPA) will be used by one Program Office, one

CPAR can be completed; however, more than one CPAR can be written if the Contracting Officer determines it is necessary. When multiple Program Offices will use the indefinite-delivery contract or BPA, separate CPARs are required for each program office. Under no circumstances shall one CPAR be written for multiple vendors.

Combining orders into one CPAR is not feasible when the individual orders are significantly different. When orders are combined, the narrative describing the contractor’s performance on each order, both positive and negative, must be included so that the breadth and quality of information is available for source selection official use.

Both acquisition and program office personnel are required to participate in these electronic assessments.

B. Exceptions

1. This procedure does not apply to the following:

a. Contracts awarded under FAR Part 8.6, Acquisition from Federal Prison Industries;

b. Assistance Agreements (grants and cooperative agreements);

c. Test Program for Certain Commercial Items or commercial item awards if simplified acquisition procedures are used. In cases where simplified acquisition procedures are not used, this APM would be applicable to the award of all commercial items/services in excess of the SAT;

Title: Past Performance Evaluation of

Contractors

Number: 002-C

Effective Date: September 7, 2018

Cross

References:

Federal Acquisition Regulation

(FAR): 42.1502, 42.1503, and 15.304

Transportation Acquisition Manual

1242.1500

H-3

d. Interagency Agreements;

e. Expired contracts subject to the exception at

Section I of this memorandum; and

f. Contracts awarded under Subpart 8.7

(Acquisition from Nonprofit Agencies

Employing People Who Are Blind or Severely

Disabled).

C. General Guidelines

The Office of Acquisition Policy and Oversight (HCFA-10) or Federal Lands Highway Division Focal Points in their respective locations will register contracts in CPARS within

30 calendar days from date of award. All evaluations are due within 120 calendar days after the end of the assessment period.

CPARS collects contractor performance information and passes it to the Past Performance Information Retrieval

System (PPIRS). PPIRS is the Government wide performance information repository with performance information from all Federal Government agencies.

CPARS hosts a suite of web-enabled applications that are used to collect the contractor performance information required by Federal Regulations. CPARS Automated

Information System (AIS) collection tool and other CPARS information can be accessed at the CPARS site.

All CPARS information is treated as “For Official Use

Only/Source Selection Information” in accordance with FAR

2.101 and FAR 3.104. A CPAR contains sensitive data concerning a contractor and their performance. Disclosure of such information could cause harm to the commercial interest of the Government and to the competitive position of the contractor being evaluated. Distribution of CPARs among agencies will be made solely through the use of

PPIRS.

D. Access

Only Government employees can be CPARS Focal Points.

The Focal Point registers contracts and sets up user access that restricts access on a contract-by-contract basis, based on an individual’s assigned responsibility in the process.

Access to CPARS and other performance information will be restricted to those individuals with an official need to know.

Focal Points can request a User ID by completing the Focal

Point Access Request Form. All other roles (Assessing

Official, Assessing Official Rep, etc.) will receive a User ID once the person is assigned a role by the Focal Point for a contract in CPARS.

E. Roles

1. Focal Point: The Focal Point coordinates CPARS access, assigning access authorization for

Government and Contractor personnel, and registers contracts that will require a contractor performance assessment. The Focal Point assists the Assessing

Official in implementing the automated CPARS process by providing training and helping with administrative matters to ensure that assessments are completed in a timely manner and are of high quality.

2. Assessing Official Representative (AOR): The

Assessing Official Representative has the authority to initiate and update assessments, but does not have the authority to send the assessment to the Contractor

Representative or to finalize an assessment.

3. Assessing Official (AO): The Assessing Official is responsible for evaluating contractor performance and for validating the proposed ratings and remarks entered by the Assessing Official Representative(s).

Assessing Officials have “signature” authority and are allowed to forward assessments to the Contractor

Representative for review and comment. After receiving and reviewing contractor comments, the

Assessing Official has the authority to close, modify, and/or forward the assessment to the Reviewing

Official.

4. Contractor Representative: The Contractor

Representative is responsible for reviewing and commenting on proposed ratings and remarks for all assessments forwarded by the Government

Assessing Official.

5. Reviewing Official: The Reviewing Official is responsible for ensuring that the assessment is a fair and accurate assessment of the Contractor's performance for the specific contract/order and performance period. The Reviewing Official must acknowledge consideration of any significant discrepancies between the Assessing Official’s assessment and the Contractor's remarks.

F. Responsibilities

1. Contract Specialists. In HCFA Contract Specialists are responsible for completing the CPARS

Registration Request Form and forwarding to

HCFA-10 for processing within ten calendar days of contract award. Contract Specialists will be assigned as either Assessing Official

Representatives to assist the Contracting Officer and COR with the evaluation, or as the Assessing

Official based on the Contracting Officer’s determination for each contract.

In FLH – The contract specialist will register the contract in CPARS or will provide information to a focal point who will then register the contract in

CPARS.

2. The Office of Acquisition Policy and Grants

Oversight (HCFA-10): HCFA-10 is responsible for the implementation of this procedure, CPARS

Amendment No. 0003 https://www.cpars.gov/accessforms/NSLCPTSMH_NDFPUAR.pdf https://www.cpars.gov/accessforms/NSLCPTSMH_NDFPUAR.pdf http://intra.fhwa.dot.gov/had/cotr/apm_2012/CPARS%20Registration%20Request%20Form%20.docx http://intra.fhwa.dot.gov/had/cotr/apm_2012/CPARS%20Registration%20Request%20Form%20.docx

H-4 training, evaluating compliance metrics, and registering contracts and assigning roles in

CPARS. HCFA-10 will provide monthly CPARS

Status Reports to Division Chiefs and Team

Leaders. Federal Lands Highway Division will continue to have Focal Points in their respective locations. The Focal Points will register all contracts and assign roles in CPARS within 30 calendar days following contract/order award.

3. COR. In HCFA, upon receiving notice from the

Contract Specialist and/or a system-generated email, the COR shall complete the required evaluation form (outside of CPARS) allowing for the requisite Contract Specialist to enter the required performance details in CPARS. The COR will be given no more than 30 calendar days to complete the form and return the form to the

Contract Specialist.

In WFLHD, upon receiving notice from the CO or

Acquisition Assistant, the COR shall complete the required evaluation (outside of CPARS) allowing the CO or Acquisition Assistant to enter the required performance details in CPARS based on information received from the COR on a paper copy of the evaluation.

In EFLHD, for construction contracts, the CORs are the Accessing Official Representative and will receive an automated email message alerting them they must complete an evaluation. The COR must complete their evaluation in CPARS within 30 calendar days of receipt of email notification.

In CFLHD, the CORs/Project Managers are the

Accessing Official Representative and will receive an automated email message alerting them they must complete an evaluation. The COR must complete their evaluation in CPARS within 30 calendar days of receipt of email notification.

4. Contracting Officers. In HCFA and WFLHD, Contracting Officers (or designated Contract

Specialists) are responsible for reviewing evaluation information as provided by the CORs to be submitted into CPARS, forwarding evaluations to the contractor, and reviewing the evaluation for accuracy before it is finalized in CPARS. The requirement to complete past performance evaluations shall be identified in the COR delegation letter.

The Contracting Officer or his designee is designated as the Assessing Official in CPARS.

The Assessing Official (Contracting Officer) and

Assessing Official Representative (Contract

Specialist) will receive a system generated email to initiate evaluations for contracts 90 days prior to the exercise of options (12-month period) or, for contracts without options, 90 days prior to the end of the period of performance. Coordination will be required outside of CPARS for reminders to initiate an evaluation in CPARS for option periods that are less than 12 months. Once the Assessing Official

Representative (Contract Specialist) has completed the evaluation, the Assessing Official will review the evaluation and forward the evaluation to the contractor representative. Only the Assessing

Official has the authority to forward assessments to the contractor representative for review and comment. Once the contractor evaluation phase is completed, and any comments resolved, the evaluation should be saved and finalized by the

Assessing Official. A hardcopy shall be placed in the contract file.

In EFLHD, for A/E contracts, the Assessing

Official is the A/E Coordinator. The CO serves as the Reviewing Official.

In CFLHD, the Assessing Official for construction and construction inspection contracts is the

Construction Branch Chief. The Assessing Official for A/E contract/task orders is the Project

Management Branch Chief.

5. Contractor Representative. The Contractor

Representative is responsible for reviewing and commenting on proposed ratings and remarks for all assessments forwarded by the Assessing

Official. Contractors are not required to complete the evaluation in CPARS. Their participation is completely voluntary. If the contractor does not respond within 60 calendar days, the Assessing

Official will presume that the contractor has no comment and forward the evaluation to the

Reviewing Official to sign and finalize the evaluation in CPARS.

6. Reviewing Official. The Reviewing Official is the final authority on disagreements between the contractor and Government for past performance evaluations. The Reviewing Official must review and sign the assessment when the contractor indicates non-concurrence with the CPAR or when the contractor is non-responsive.

In HCFA and WFLHD, the Reviewing Official is one level above the CO.

In EFLHD, the Reviewing Official is the CO.

In CFLHD, the Reviewing Official is the

Acquisitions Team Leader.

7. Directors: Office Directors are responsible for the implementation of this procedure by ensuring that

Contracting Officers and Contract Specialists receive CPARS training, ensuring that contracts are provided for registration, and ensuring that all

H-5

CPARs are finalized. CPARS training is available online and periodically in classroom settings.

G. Handling of Past Performance Information and File

Documentation

A copy of the interim and final past performance evaluations shall be kept in the contract file. The evaluation will become available in PPIRS 15 days following the AO’s evaluation signature date. The evaluation will be available in PPIRS with or without contractor comments and whether or not it has been closed by the AO. If no contractor comments have been provided at day 15, the evaluation will be marked as

“Pending” in PPIRS. Contractor comments may be provided up to 60 days following the AO evaluation signature date, and will be updated to PPIRS on a daily basis. Once the evaluation has been closed by the AO, the “Pending” marking will be removed in PPIRS.

H. Terminations

A CPAR shall be completed on any contract terminated by the Government, regardless of the contract value, document the reason for the termination, prior to recording the termination in FAPIIS.

I. Closeouts

A CPAR shall be completed on each contract (supplies and/or services >$250,000, or construction contracts

>$800,000, or architect-engineering contracts >$35,000) prior to closeout unless the individual assessing the contractor’s performance:

1) is not available,

2) does not have sufficient knowledge of the contractor’s performance for the period in question,

3) does not have documentation to support narratives and ratings for the period in question, or

4) has not periodically communicated with the contractor regarding performance for the period in question.

When a CPAR is not completed due to one of the listed reasons, the contract file shall be documented to that effect.

J. Contract Clause

The FHWA-specific contract clause included in (Attachment

A) to this APM shall be included in all solicitations and contracts for supplies and/or services >$250,000, or construction contracts >$800,000, or architect-engineering contracts >$35,000.

Attachment A

APM 002-C

POST-AWARD EVALUATION OF

CONTRACTOR PERFORMANCE

Supplies and/or services >$250,000, or construction contracts >$800,000, or architect-engineering contracts >$35,000.

Contractor Performance Evaluations

a. Interim and final evaluations of contractor performance will be prepared on this contract in accordance with FAR 42.1502 and TAM

1242.1502. The final performance evaluations

will be prepared at the time of completion of work.

b. The Contractor can elect to review the evaluation and submit additional information or 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, will 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

H-6 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.

(End of Clause)

(End of Section H)

CONTRACT CLAUSES INDEX

FEDERAL ACQUISITION REGULATION (FAR) TRANSPORTATION ACQUISITION REGULATION (TAR)

(Updated thru FAC 2021-07 on 9/10/2021)

FAR & TAR CLAUSES INCORPORATED BY FULL TEXT

CLAUSE TITLE DATE SECTION SECTION TYPE REMARKS

52.203-17

CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM

EMPLOYEES OF WHISTELBLOWER RIGHTS Jun-20 G GEN'L CONTRACT REQS.

52.203-18

PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL

CONFIDENTIALITY AGREEMENTS OR STATEMENTS - REPRESENTATION Jan-17 G GEN'L CONTRACT REQS.

52.203-19

PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS OR

STATEMENTS Jan-17 G GEN'L CONTRACT REQS.

52.204-23

PROHIBITION ON CONTRACTING FOR HARDWARE, SOTFWARE, AND SERVICES DEVELOPED OR

PROVIDED BY KASPERSKY LAB AND OTHER COVERED ENTITIES Jul-18 G GEN'L CONTRACT REQS.

52.204-25

PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMINICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT Aug-20 G GEN'L CONTRACT REQS.

52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING RESPONSIBILITY MATTERS Oct-18 G GEN'L CONTRACT REQS.

52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK Apr-84 H CONSTR. CONTRACTS REQS Government Fill In 52.211-12 LIQUIDATED DAMAGES - CONSTRUCTION Sep-00 H CONSTR. CONTRACTS REQS Government Fill In 52.211-18 VARIATION IN ESTIMATED QUANTITY Apr-84 H CONSTR. CONTRACTS REQS 52.219-4 NOTICE OF PRICE EVALUATION PREFERENCE FOR HUBZONE SMALL BUSINESS CONCERNS Sep-21 F SOCIOECON PROG REQS Contractor Fill In

52.222-23

NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT

OPPORTUNITY FOR CONSTRUCTION Feb-99 F SOCIOECON PROG REQS Contractor Reporting Reqs

52.223-3 ALT I HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA (ALT-I, JUL-95) Feb-21 G GEN'L CONTRACT REQS. Contractor Submittal Reqs 52.223-4 RECOVERED MATERIAL CERTIFICATION May-08 G GEN'L CONTRACT REQS. Contractor Submittal Reqs 52.223-9 ESTIMATE OF PERCENTAGE OF RECOVERED MATERIAL CONTENT FOR EPA DESIGN ITEMS May-08 G GEN'L CONTRACT REQS. Contractor Reporting Reqs 52.223-99 ENSURING ADEQUATE COVID-19 SAFETY PROTOCOLS FOR FEDERAL CONTRACTORS (Deviation 20 Oct-21 G GEN'L CONTRACT REQS. Mandatory 52.225-11 ALT I BUY AMERICAN - CONSTRUCTION MATERIALS UNDER TRADE AGREEMENTS (ALT 1 MAY-14) Jan-21 F SOCIOECON PROG REQS 52.228-15 PERFORMANCE AND PAYMENT BONDS - CONSTRUCTION Jun-20 G GEN'L CONTRACT REQS. Contractor Submittal Reqs 52.236-1 PERFORMANCE OF WORK BY THE CONTRACTOR Apr-84 H CONSTR. CONTRACTS REQS Government Fill In 52.236-4 PHYSICAL DATA Apr-84 H CONSTR. CONTRACTS REQS Government Fill In 52.246-21 WARRANTY OF CONSTRUCTION (as amended) Mar-94 H CONSTR. CONTRACTS REQS 52.248-3 Alt 1 VALUE ENGINEERING - CONSTRUCTION (ALT -I APR-84) Oct-20 G GEN'L CONTRACT REQS. Contractor Submittal Reqs

TAR CLAUSES INCORPORATED BY FULL TEXT

FAR PT 22.9 NONDISCRIMINATION BECAUSE OF AGE POLICY Feb-64 F SOCIOECON PROG REQS Executive Order 11141-Not A Clause