693JJ318R000031-RFP_Amendment__1.pdf

693JJ318R000031

SOLICITATION, OFFER AND AWARD

4. TYPE OF SOLICITATION2. CONTRACT NUMBER 3. SOLICITATION NUMBER

7. ISSUED BY CODE 8. ADDRESS OFFER TO (If other than Item 7)

ORDER UNDER DPAS (15 CFR 700)

6. REQUISITION/PURCHASE NUMBER

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

NEGOTIATED (RFP)

SEALED BID (IFB)

5. DATE ISSUED

1. THIS CONTRACT IS A RATED RATING PAGE OF PAGES

1 59

C. E-MAIL ADDRESS

EXT.NUMBERAREA CODE

B. TELEPHONE (NO COLLECT CALLS)A. NAME

10. FOR

INFORMATION

CALL:

CAUTION: LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

(Date)(Hour) local timeuntildepository located in copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if hand carried, in the

SOLICITATION

9. Sealed offers in original and

PART IV - REPRESENTATIONS AND INSTRUCTIONS

OTHER STATEMENTS OF OFFERORS

EVALUATION FACTORS FOR AWARD

INSTRS., CONDS., AND NOTICES TO OFFERORS

REPRESENTATIONS, CERTIFICATIONS AND

LIST OF ATTACHMENTS

CONTRACT CLAUSES

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.

I

J

K

L

M SPECIAL CONTRACT REQUIREMENTS

CONTRACT ADMINISTRATION DATA

DELIVERIES OR PERFORMANCE

INSPECTION AND ACCEPTANCE

PACKAGING AND MARKING

DESCRIPTION/SPECS./WORK STATEMENT

SUPPLIES OR SERVICES AND PRICES/COSTS

SOLICITATION/CONTRACT FORM

PART II - CONTRACT CLAUSESPART I - THE SCHEDULE

H

G

F

E

D

C

B

A

SEC. DESCRIPTION PAGE(S) (X) DESCRIPTION SEC. (X)

11. TABLE OF CONTENTS

18. OFFER DATE17. SIGNATURE

SUCH ADDRESS IN SCHEDULE.

IS DIFFERENT FROM ABOVE - ENTER

15C. CHECK IF REMITTANCE ADDRESS

EXT.NUMBERAREA CODE

15B. TELEPHONE NUMBER

(Type or print)AND

ADDRESS

OF

OFFEROR

CODE FACILITY

16. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER15A. NAME

DATEAMENDMENT NO.DATEAMENDMENT NO.

and related documents numbered and dated):

amendments to the SOLICITATION for offerors

(The offeror acknowledges receipt of

14. ACKNOWLEDGEMENT OF AMENDMENTS

CALENDAR DAYS (%)30 CALENDAR DAYS (%)20 CALENDAR DAYS (%)10 CALENDAR DAYS (%)

(See Section I, Clause No. 52.232.8)

13. DISCOUNT FOR PROMPT PAYMENT

designated point(s), within the time specified in the schedule.

by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the

12. In compliance with the above, the undersigned agrees, if this offer is accepted within ______________ calendar days (60 calendar days unless a different period is inserted

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

OFFER (Must be fully completed by offeror)

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

28. AWARD DATE

(Signature of Contracting Officer)

27. UNITED STATES OF AMERICA

25. PAYMENT WILL BE MADE BY

26. NAME OF CONTRACTING OFFICER (Type or print)

CODE 24. ADMINISTERED BY (If other than Item 7)

ITEM

(4 copies unless otherwise specified)

23. SUBMIT INVOICES TO ADDRESS SHOWN IN

41 U.S.C. 253 (c) ( 10 U.S.C. 2304 (c) (

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:

21. ACCOUNTING AND APPROPRIATION20. AMOUNT19. ACCEPTED AS TO ITEMS NUMBERED

AWARD (To be completed by government)

CODE

08/06/2018 X

HCFA

FEDERAL HIGHWAY ADMINISTRATION

OFFICE OF THE CHIEF FINANCIAL OFFICER

OFFICE OF ACQUISITION & GRANTS MGMT

1200 NEW JERSEY AVENUE, SE

WASHINGTON DC 20590

1300 ET 09/06/2018

JACOB PEREZ 202

jacob.perez@dot.gov

366-0220

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PAGE(S)

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition is unusable

STANDARD FORM 33 (Rev. 9-97)

Prescribed by GSA - FAR (48 CFR) 53.214(c)

SECTION B - Supplies or Services and Prices/Cost

B.1 CONTRACT SUMMARY

The Contractor shall furnish all equipment, materials and personnel necessary to provide the

Federal Highway Administration (FHWA) with non-personal services for “Guidance for Quality

Management of Pavement Surface Condition Data Collection and Analysis” as described in

Section C below.

B.2 CONTRACT PRICING

The Government anticipates award of a hybrid Firm-Fixed-Price (FFP) / Labor Hour (LH) Contract.

NOTE: The estimated level of effort for the tasks of this requirement are as follows:

• Base Tasks (00100 & 00200): $130,000 to $150,000

• Optional Tasks (00300 & 00400): $250,000 to $275,000

Schedule of Services

CLIN Description Quantity Fixed Unit

Price

Firm Fixed

Price

00100 Base Year (15 Months)

Phase I Task 1:

Literature Review and Information

Pricing: Firm-Fixed-Price

00200 Base Year (8 Months)

Phase I Task 2:

Draft and Final Phase I Report

Pricing: Firm-Fixed-Price

TOTAL PRICE

CLIN Description Fixed

Hourly

Rate

Estimated

Hours

Total

00300

(Option)

Phase II Task 3: (14 Months)

Conduct Pilot Project

Pricing: Labor-Hour

00400

(Option)

Phase II Task 4 : (5 Months)

Draft and Final Phase II Report

Pricing: Labor-Hour

00500

(Option)

Travel/Other Direct Costs (ODC)

Not To Exceed Amount

Pricing: Cost Reimbursable

$10,000

$10,000

TOTAL PRICE

GRAND TOTAL PRICE (CLINs 00100 – 00500)

(End of Section B)

SECTION C - Description/Specifications/Statement of Work

C.1 BACKGROUND

The goal of Transportation Pooled Fund (TPF)-5(299) Improving the Quality of Pavement Surface

Distress and Transverse Profile Data Collection and Analysis is to assemble state highway agencies

(SHAs), and the FHWA, alongside industry and academia to meet six main goals.

(1) Identify pavement surface distress and transverse profile (PSDAT) data integrity and quality issues;

(2) Suggest approaches to addressing identified issues and provide solutions;

(3) Initiate and monitor pilot projects intended to address identified issues;

(4) Disseminate results;

(5) Assist in deployment of research findings and recommendations; and

(6) Support other efforts related to improving pavement surface distress and transverse profile data collection and analysis.

Understanding the level of reliability of the pavement surface condition data used in Pavement

Management is an extremely important effort for transportation officials. Repeatable and reliable pavement condition data plays a very important role in the development of condition indexes, performance models, understanding of how and why pavements perform better than others and finding cost-effective solutions to pavement preservation needs. Good and reliable pavement condition data also play an important role on determining performance parameters required in

FHWA Performance Measures for Pavements regulation, 23CFR490.

For many years Departments of Transportation (DOTs) in State and Local Governments have conducted pavement condition surveys to describe and evaluate the performance of their pavement networks as part of their Pavement Management Program (PMP). These pavement condition surveys require a significant investment of time, money and manpower. DOTs are still trying to develop the criteria and proper procedures that will allow securing the collection of reliable pavement condition data for their PMP.

The FHWA supported the development of a Practical Guide for Quality Management (QM) of

Pavement Condition Data Collection that explains the QM standards, procedures and best practices used to perform quality control and acceptance of pavement condition data. The subject guide can be found at http://www.fhwa.dot.gov/pavement/management/qm/data_qm_guide.pdf.

C.2 OBJECTIVE

The objective of this project is to Develop Quality Management Plan (QMP) guidelines for pavement surface condition data collection and analysis. This will include conducting a pilot project with three SHAs to test the proposed QMP guidelines.

http://www.fhwa.dot.gov/pavement/management/qm/data_qm_guide.pdf

C.3 SCOPE OF WORK

The Contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform the work.

This practical guide is considered to be a living document that would be upgraded over future years to make sure that latest data collection standards, quality assurance techniques/practices, new data collection techniques, field best practices, etc. These enhancements will be documented and will help DOTs develop more effective QM procedures that can be used to assess the reliability of their pavement condition data and enhance their PMP procedures.

Expected benefits of this project include the following:

• Improve current QM plan and QMP guidelines by establishing standards that can be used by State and Local Transportation Agencies to develop their QMP;

• Improve the accuracy, precision, and reliability of pavement surface condition data; and

• Improve the cost-effectiveness of pavement surface condition data collection and analysis processes.

C.4 DELINEATION OF TASKS

NOTE: The project will be conducted in two phases. Based on the results of Phase I, the

Contracting Officer (CO) will consider providing the Contractor authorization to conduct Phase II.

PHASE I

KICK OFF MEETING

The Contractor shall attend a kick-off meeting via web conference with the FHWA Contracting

Officer’s Representative (COR) to review the scope of work, delivery schedule, roles and responsibilities, and establish communication protocols. The Contractor shall present their technical approach to performing the work. Following the meeting, the Contractor shall prepare and submit to the COR a draft meeting summary for review. The Contractor shall update the draft to incorporate and address any edits/comments provided by the COR, then submit the final meeting summary.

TASK 1: LITERATURE REVIEW AND INFORMATION GATHERING

The Contractor shall develop a report documenting the tasks bulleted below. The Contractor shall update the draft report to incorporate and address any edits/comments provided by the COR.

• The Contractor shall conduct a literature review and shall obtain information from international sources and the SHAs participating in TPF-5(299) pooled fund study regarding:

o What decisions and decision-making processes made using pavement surface condition data;

o What are the various uses of pavement surface condition data;

o What the requirements are regarding needed data to support pavement related decisions, pavement field data collection quality plans; and o How pavement surface condition data collection and data quality specifications are developed and implemented.

The information gathering will include each state DOT Data Quality Management Program that has been submitted to FHWA per 23CFR490.319. It is expected recent or ongoing TPF-5(299) and

NCHRP-related projects will have documented some of these items for specific pavement surface conditions:

• Develop a synthesis of best practices regarding how agencies developed and implemented

QMPs for pavement surface condition data collection and analysis, identifying successful case studies and lessons learned.

• Map the steps or decisions that define the level of data precision or quality required by

SHAs as part of their data management processes and the decision-making process driven by the quality of the data.

• Recommend what pavement surface condition data (e.g. cracking, rutting, potholes, faulting, ride, raveling, etc.) to include in the QMP guidelines to be developed in Task 3.

IRI, cracking, rutting, and faulting as defined in the December 2016 HPMS Field Manual and 23 CFR 490 are required to be included as a minimum.

• Assess if different QMP guidelines are appropriate for SHA personnel/equipment data collection and analysis programs versus vendor personnel/equipment data collection and analysis programs.

NOTE: See paragraph H.12 OMB Paperwork Reduction Act for limitations on collection of information from non-Federal entities.

TASK 2: DRAFT AND FINAL PHASE 1 REPORT

The contractor shall develop a report incorporating work accomplished in Tasks 1 and 2 along with a proposed work plan and staffing plan (ie. QMP guidelines) to conduct a pilot with three SHAs.

The Contractor shall update the draft report to incorporate and address any edits/comments provided by the COR as follows:

• Document the basic criteria used for data collection and analysis to identify pavement condition data identified in Task 1;

• For the selected pavement condition data, identify and document standards used to establish quality control, acceptance, and independent verification procedures;

• Document testing and analysis procedures used to select and set-up reference/certification test sites, verification sites, blind test sites, equipment and operators training and certification;

• Develop methods and procedures that are traceable, objective, practical, and transparent;

• Ensure that the methods and procedures are developed in an open and transparent manner to ensure results are independent and do not include a commercial bias towards the

Contractor;

• Implement clear and proactive steps to mitigate and/or remove any bias or favoritism that may exist, or be perceived to exist, in the outcomes; and

• Document and recommend effective statistical analysis procedures used to analyze the data and verify that test results are within the allowed variability.

OPTIONAL PHASE II

NOTE: The Contractor shall not proceed with any Phase II Optional Tasks without a formal modification signed by the Contracting Officer.

TASK 3: CONDUCT PILOT PROJECT (Optional)

The Contractor shall conduct a pilot project with three SHAs (it is expected the SHAs will be

Alabama, Pennsylvania, and Washington) to test the proposed QMP guidelines. The pilot project will include field data collection and analysis by the SHA and the SHA will assist contractor in establishing reference/control sections and providing the data for analysis. The Contractor shall also be involved in the quality of the data collection. The Contractor shall document the findings and recommended modifications to the QMP guidelines.

TASK 4: DRAFT AND FINAL PHASE II REPORT (Optional)

As a result of task 3, the Contractor shall refine and publish a final report with recommended QMP guidelines and implementation recommendations. The Contractor shall complete a report that describes the methodology and provides instruction for an agency that desires to implement it. The

Contractor shall prepare the document in a format to facilitate implementation (e.g. possibly an addendum to the AASHTO Pavement Management Guide or the FHWA Practical Guide for

Quality Management of Pavement Condition Data Collection). Upon receiving edits/comments from the COR, the Contractor shall submit the final report.

C.5 QUARTERLY PROGRESS REPORTS

The Contractor shall submit progress reports to the COR and the Contract Specialist (CS). These reports shall be submitted on a quarterly basis by the 15th of the month following the quarter being reported. The reports shall include the following items as a minimum:

(a) A description of the work performed under each Task during the reporting period.

(b) A description of the work to be accomplished under each Task during the next reporting period.

(c) A description of any problem encountered or anticipated that will affect the completion of any work within the timeframe set, together with recommended solutions to such problems; or, a statement that no problems were encountered.

(d) A financial summary of costs incurred by Contract Line Item Number (CLIN), for both the reporting period and cumulative, compared to the budgeted amount for the reporting period and cumulative. The financial summary shall include a delineation of cost elements such as labor, travel, subcontractor costs, and indirect costs as applicable.

C.6 REQUIREMENTS FOR IMPLEMENTING SECTION 508 STANDARDS

NOTE: Quarterly Progress Reports are not required to be Section 508 compliant.

The following requirements apply to final technical deliverables or other documents delivered to the USDOT as final deliverables under this contract. Final technical deliverables, and other documents as so designated, must meet the requirements of Section 508 of the Rehabilitation Act of 1973, as amended. The act requires that all electronic products prepared for the Federal

Government be accessible to persons with disabilities, including those with vision, hearing, cognitive, and mobility impairments. See Section 508 of the Rehabilitation Act

(http://www.access-board.gov/508.htm) and the Federal IT Accessibility Initiative (Home Page)

(http://www.section508.gov/) for detailed information.

The USDOT has determined that the accessibility requirements contained in section 1194.22, “Web-based intranet and internet information and applications,” apply to this work. The standards are available at http://www.access-board.gov/sec508/guide/index.htm. The following paragraphs summarize the requirements for preparing final technical deliverables in conformance with Section

508 for eventual posting by USDOT to a USDOT-sponsored Web site. If you have further questions, please contact the USDOT contracting officer’s technical representative listed in this contract.

Electronic documents with images

Provide a text equivalent for every non-text element in all publications or reports prepared in electronic format. For all documents prepared, vendors must prepare one standard MS Word publication/report document AND one MS Word document containing ONLY the “text equivalents for nontext elements,” which includes descriptions for all non-text images. “Text equivalent” means text sufficient to reasonably describe the image. For example, an image that is merely decorative requires only a very brief “text equivalent” description. However, if the image conveys information that is important to the content of the report, then text sufficient to reasonably describe that image and its purpose within the context of the report must be provided.

Electronic documents with complex charts or data tables

When preparing tables within a publication or report, whenever possible, create simple tables with one header row rather than complex tables with nested header rows. When preparing tables that are heavily designed, provide adequate alternate information so that assistive technologies can read them out. Identify row and column headers for data tables. Provide the information in a non-linear form. Markup shall be used to associate data cells and header cells for data tables that have two or more logical levels of row or column headers.

Electronic documents with forms

When electronic forms are designed for online completion, the form shall allow people using assistive technology to access the information, field elements, and functionality required for completion and submission of the form, including all directions and cues.

http://www.access-board.gov/508.htm http://www.section508.gov/ http://www.access-board.gov/sec508/guide/index.htm

C.7 PUBLICATION AND DOCUMENTATION REQUIREMENTS

Unless otherwise authorized by the CO, final reports shall be prepared in accordance with the latest version of the Turner-Fairbank Highway Research Center Research, Development, and

Technology Communications Reference Guide available online at https://www.fhwa.dot.gov/publications/research/general/03074/, the Federal Highway

Administration’s (FHWA’s) Publications and Printer Handbook, and the latest version of the

United States Government Printing Office Style Manual.

(End of Section C) https://www.fhwa.dot.gov/publications/research/general/03074/

SECTION D - Packaging and Marking

D.1 PACKAGING

Preservation, packing, and packaging of items for shipment shall be in accordance with best commercial practices and adequate for acceptance by common carrier for safe transportation at the most economical rates.

The Contractor shall clearly mark each shipment with the Contractor name, the contract number, and as appropriate, the item identification, quantity of items, and notice of partial or final delivery.

(End of Section D)

SECTION E - Inspection and Acceptance

E.1 ACCEPTANCE

All work hereunder shall be subject to review by the Government. The Contracting Officer’s

Representative (COR) 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 COR.

E.2 GOVERNMENT ACCEPTANCE PERIOD

Unless otherwise stated, the COR will have 30 calendar days to review draft deliverables and make comments. The Contractor shall have seven calendar days to make corrections and return the corrected deliverable to the Government. Upon receipt of the final deliverables, the COR will have 10 calendar days for final review prior to acceptance or providing documented reasons for non-acceptance.

52.246-4 Inspection of Services – Fixed-Price (AUG 1996)

52.246-6 Inspection - Time-and-Material and Labor-Hour (MAY 2001)

52.246-9 Inspection of Research and Development (Short Form) (APR 1984)

(End of Section E)

SECTION F - Deliveries or Performance

F.1 PERIOD OF PERFORMANCE

The period of performance of this contract consists of a 23-month base period and two optional tasks (14 and 5 months), for a maximum period of performance (all options exercised) of 42 months. The total contract performance period shall not exceed 42 months without written authorization of the Contracting Officer (CO).

F.2 PLACE OF PERFORMANCE

The work to be performed under this contract shall be performed at the Contractor’s facility or other Contractor-approved location.

F.3 PLACE OF DELIVERY

The Contractor shall submit all interim and final deliverables, progress reports and documents in electronic format by email, referencing the contract number, to the following email addresses. In the event a shipment is necessary for delivery, the Contractor shall use the following mailing addresses.

Contracting Officer: US Department of Transportation

Federal Highway Administration

Office of Acquisition and Grants Management

1200 New Jersey Avenue, SE, Room E62-204

Washington, DC 20590

Attn: [Name and Email address to be filled in at award]

Contracting Officer’s Representative:

US Department of Transportation

Federal Highway Administration Resource Center

10 S. Howard Street, Suite 4000

Baltimore, MD 21201

Attn: [Name and Email address to be filled in at award]

F.4 METHOD OF DELIVERY

Electronic copies shall be delivered using Microsoft (MS) Office suite tools (for example, MS

Word, MS Excel, MS PowerPoint, MS Project, or MS Access format) version 2016 or later, unless otherwise specified by the COR. Electronic submission shall be made via email, unless otherwise agreed to by the COR.

F.5 DELIVERABLE/DELIVERY SUMMARY

Schedule of Deliverables

Task Deliverable Due Date

Kickoff Meeting

Attend Kick-Off Meeting Within 20 days from the

Effective Date of Award

Draft Summary Report

(COR will provide contractor edits/comments)

Within 7 days from the

Kick-Off Meeting

Final Summary Report Within 7 days from receiving the COR’s edits/comments

Phase I Task 1 – Literature Review and

Information Gathering

Draft Report – Summarizing Task 1

(COR will provide contractor edits/comments)

Within 12 months from the

Effective Date of Award

Final Report Within 15 days from receiving the COR’s edits/comments

Phase I, Task 2 – Draft and Final Phase 1

Report

Draft Report - Task 2 – Report

Incorporating Work Accomplished in

Tasks 2 And 3 (document 508 compliant) (COR will provide contractor edits/comments)

Within 17 months from the

Effective Date of Award

Final Report Within 15 days from receiving the COR’s edits/comments

Optional Phase II, Task

3 – Conduct Pilot

Project

Draft Report - Document the findings and recommended modifications to the QMP guidelines. (COR will provide contractor edits/comments)

Phase II authorization will include time frame to conduct Phase II.

Maximum time frame not to exceed 19 months from

Phase II authorization to start

Final Report Within 15 days from receiving the COR’s edits/comments

Optional Phase II Task

4 – Draft and Final

Phase II Report

Draft Project Report - (document 508 compliant)

(COR will provide contractor edits/comments)

Phase II authorization will include time frame to conduct Phase II.

Maximum time frame not to exceed 19 months from

Phase II authorization to start

Final Project Report in appropriate format to facilitate implementation

Within 15 days from receiving the COR’s edits/comments

N/A Quarterly Progress Reports By the 15th of the month following the quarter being reported

NOTE: Final technical deliverables shall be Section 508 Compliant unless otherwise directed by the COR. See Section C for Section 508 compliance information.

52.242-15 Stop-Work Order (AUG 1989)

52.242-17 Government Delay of Work (APR 1984)

52.247-34 F.O.B. Destination (NOV 1991)

(End of Section F)

SECTION G - Contract Administration Data

G.1 PAYMENT

For each FFP CLIN, the Government shall pay the Contractor for the prices delineated in the contract. Proportional payments may be made based on an established Milestone Payment

Schedule for work performed and accepted. Payment shall be made upon review and written acceptance of the FFP deliverable(s) by the Government.

For each LH CLIN, the Contractor may request payment no more than monthly, for work performed during the preceding reporting period. The Contractor shall provide sufficient detail, including fully burdened labor rates and hours worked, to support the invoice.

The Contractor shall not accrue costs in excess of the amount funded under the LH CLIN . Any work performed in excess of the amount funded is at the Contractor’s own risk.

G.2 TRAVEL AND PER DIEM

The Contractor shall be responsible for coordination of travel in support of Government requirements. The Contractor shall be required to invoice in accordance with FAR 31.205-46, Travel Costs, and Federal Travel Regulations, and must submit documentation of all travel costs.

The Government will specify the travel dates and location for required local, domestic, and international travel. The Contractor shall not travel unless adequate funds have been delegated for travel.

Travel (other than local) may be expected to occur throughout the duration of the contract. The

COR will issue the written request for travel if required (excluding local travel).

Travel and Per Diem authorized under this contract shall be reimbursed in accordance with the

Government Travel Regulations currently in effect. The total travel costs shall not exceed the amounts indicated without express written approval of the CO. Fee is not authorized for Travel and Per Diem expenses.

Travel requirements under this contract shall be met using the most economical form of transportation available. All travel shall be scheduled sufficiently in advance to take advantage of offered discount rates, unless authorized by the Contracting Officer. If economy class transportation is not available, the Contractor shall make a request to the Contracting Officer for use of higher class travel in advance of booking the travel. The CO will approve the request in writing.

Additionally, the request for payment voucher must be submitted with the justification for use of higher class travel indicating dates, times, and flight numbers, as well as the CO’s approval of the travel.

The following website provides information on current Per Diem rates:

http://www.gsa.gov/portal/category/100120 http://www.gsa.gov/portal/category/100120

G.3 INVOICES

Submit all invoices to one of the following invoice addresses:

All invoices and required supporting documents shall be sent via e-mail to the following e-mail address: 9-AMC-AMZ-FHWA-Invoices@faa.gov.

(a) Include the invoice as an attached PDF document

(b) Include in the e-mail subject line the following:

(1) Invoice No.

(2) Contract Number

(3) Name of your Company/Organization

(4) Attention: [Insert Contract Specialist Name]

Example: Invoice No. 35 – 693JJ318C000XX – Contractor Name – Attention: [Insert Contract

Specialist Name]

If the invoice and supporting documents exceed 8 MB as an e-mail attachment, the

Contractor must select one of the other submission options presented below:

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

MMAC

FHWA/AMZ-150

6500 S. MacArthur Blvd

Oklahoma City, OK 73169

Attention: [Insert Contract Specialist Name]

Express Delivery Point of Contact: Lead Accounting Technician, 405-954-8252

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

Federal Highway Administration

Markview Processing

P.O. Box 268865

Oklahoma City OK 73126-8865

Attention: [Insert Contract Specialist Name]

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

G.4 SUBCONTRACTS – ADVANCE NOTIFICATION AND CONSENT

Under this contract, the requirement of FAR 44.2, Consent to Subcontracts, has been fulfilled for the following subcontracts:

[APPROVED SUBCONTRACTOR NAME – to be completed by CO at award]

Any future change or revision to the Statement of Work (SOW) or other applicable aspects of this contract shall include the subcontract(s) only to the extent that performance of the subcontract(s) is directly affected by the change or revision.

G.5 TECHNICAL DIRECTION

Performance of the work under this contract is subject to the Technical Direction of the COR. The term “Technical Direction” is defined to include, without limitation, the following:

(a) Direction to the Contractor which redirects the efforts, shifts work emphasis between work areas, requires pursuit of certain lines of inquiry, fills in details or otherwise serves to accomplish the SOW;

(b) Provision of information to the Contractor that assists in the interpretation of drawings, specifications or technical portions of the work description; and,

(c) Review and approval/rejection of technical reports, drawings, specifications and technical information to be delivered by the Contractor.

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

(a) constitutes an assignment of additional work outside the general scope of the base contract;

(b) constitutes a change as defines in the base contract clause entitled “Changes”;

(c) in any manner causes an increase or decrease in prices set forth in Section B; or

(d) changes any of the expressed terms, conditions or specifications of the contract.

All Technical Direction must be issued in writing, or shall be confirmed in writing by the COR within 3 working days after issuance. The Contractor shall proceed promptly with the performance of duly issued Technical Directions. However, if in the opinion of the Contractor, the direction issued but the COR is within one of the prescribed categories in (i) through (vi) above, the

Contractor shall not proceed, but shall notify the Contracting Officer in writing, within 3 working days after receipt of any such direction. The Contracting Officer will determine if the Technical

Direction is proper, or if a contract modification would be required to properly implement the direction. Failure of the parties to agree upon the nature of the direction or upon the contract action to be taken with respect thereto shall be subject to the clause included in Section I entitled

“Disputes.”

G.6 CONTRACTING OFFICER’S REPRESENTATIVE

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 shall designate a COR by written notice to the Contractor. The

COR’s responsibilities shall include technical monitoring of the Contractor’s performance on the overall contract award and inspecting and accepting deliveries under the contract.

The COR shall be appointed in writing, at which time ALL the responsibilities of the COR shall be detailed, and a copy of the appointment memorandum shall be furnished to the

Contractor. Any changes to the COR delegation shall be made in writing, either by changes to the existing memorandum, or by issuance of a new appointment memorandum. Copies of any changes shall be provided to the Contractor.

c) The COR 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

(5) causing the Contractor to stop work; or

(6) Obligate in any way, the payment of money by the Government.

d) The Contractor shall comply with the written or oral direction of the Contracting Officer or authorized representative(s) acting within the scope and authority of the appointment memorandum. The Contractor need not proceed with direction that it considers to have been issued without proper authority. The Contractor shall notify the Contracting Officer in writing, with as much detail as possible, when the COR has taken an action or has issued direction (written or oral) that the Contractor considers to exceed the COR appointment, within 3 days of the occurrence. Unless otherwise provided in this contract, the Contractor assumes all costs, risks, liabilities, and consequences of performing any work it is directed to perform that falls within any of the categories defined in paragraph (c) prior to receipt of the Contracting Officer’s response issued under paragraph (e) of this clause.

e) The Contracting Officer shall respond in writing within 30 days to any notice made under paragraph (d) of this clause. A failure of the parties to agree upon the nature of a direction, or upon the contract action to be taken with respect thereto, shall be subject to the provisions of the Disputes clause of this contract.

f) The Contractor shall provide copies of all correspondence to the Contracting Officer and the COR.

g) Any action(s) taken by the Contractor, in response to any direction given by any person acting on behalf of the Government or any Government official other than the Contracting Officer or the COR acting within his or her appointment, shall be at the Contractor’s risk.

G.7 CONTRACTING OFFICER’S AUTHORITY

The CO is the only person authorized to make or approve any changes in any of the requirements of this contract, and, notwithstanding any provisions contained elsewhere in this contract, the said authority remains solely in the CO. In the event the Contractor makes any changes at the direction of any person other than the CO, the change will be considered to have been made without authority and no adjustment will be made in the contract terms and conditions, including price.

G.8 CONTRACTOR SUPERVISION

The Contractor shall provide total supervision of its staff. Government personnel are not authorized or permitted to supervise any Contractor personnel. The Contractor's Project Manager (PM) for this contract shall communicate with the COR to determine the Government's work requirements as set forth in the Statement of Work and shall assure that these requirements are fulfilled. In the event the designated PM is incapacitated due to illness or injury or otherwise is to be removed by the

Contractor during the contract performance, replacement of the incumbent Project Manager shall be subject to the approval of the CO.

(End of Section G)

SECTION H - Special Contract Requirements

H.1 PROCUREMENT AUTHORITY

The Federal Highway Administration, Office of Acquisition and Grants Management (HCFA), is the only agency that is authorized to modify, suspend, or terminate performance under this

Contract. The Contracting Officer is the only individual authorized to perform these functions.

H.2 NON-PERSONAL SERVICES CONTRACT

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

(1) shall perform the services specified herein as independent Contractors, not as employees of the government;

(2) shall be responsible for their own management and administration of the work required and bear sole responsibility for complying with all technical, schedule, or financial requirements or constraints attendant to the performance of this contract;

(3) shall be free from supervision or control by any government employee with respect to the manner or method of performance of the services specified; but

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

H.3 POST AWARD EVALUATION OF CONTRACTOR PERFORMANCE

Contractor Performance Evaluations

(a) Interim and final evaluations of Contractor performance will be prepared on this contract in accordance with FAR 42.1502 and TAM 1242.1502. The final performance evaluations will be prepared at the time of completion of work.

(b) The Contractor can elect to review the evaluation and submit additional information or a rebuttal statement. The Contractor will be permitted 60 calendar days to respond. Contractor response is voluntary. If the Contractor does not respond within 60 days, the Government will presume that the Contractor has no comment. Any disagreement between the parties regarding 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 is used to document Contractor performance information that is required by Federal Regulations.

CPARS reference material can be accessed at http://www.cpars.gov/.

http://www.cpars.gov/

The registration process requires the Contractor to identify an individual that will serve as a primary contact. This individual will be authorized access to the evaluation for review and comment. In addition, the Contractor is encouraged to identify a secondary contact in the event the primary contact is unavailable to process the evaluation within the required 60-day time period.

After the FHWA Contract Specialist registers the contract in CPARS, the Contractor will receive a system generated e-mail notifying him/her that the contract is registered. A system generated e-mail will also provide the Contractor with a User ID if the person does not already have a CPARS

User ID.

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

Contractors may access evaluations at http://www.cpars.gov/ for review and comment in CPARS.

H.4 GOVERNMENT FURNISHED OR CONTRACTOR ACQUIRED PROPERTY

Equipment provided by the Government or acquired by the Contractor for the performance of work under this contract shall be maintained and accounted for in accordance with the provisions of FAR Part 45. At the conclusion of the contract, all equipment provided by the Government to the Contractor shall be returned to the Government in the same condition as when provided to the Contractor, less normal wear and tear. The Contractor is responsible for transporting all equipment to FHWA, F.O.B Destination, at the conclusion of the contract.

H.5 PROTECTION OF INFORMATION

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

(b) To the extent that the work under this contract requires access to proprietary, business confidential, or financial data of other companies, and provided such data is marked

“Proprietary and Confidential,” the Contractor shall protect such information from unauthorized use and disclosure and agrees not to use it to compete against such companies.

(c) For these purposes, “Proprietary and Confidential” information shall mean any information reasonably so designated that is not generally available to the public; but not information that becomes available on a non-confidential basis from another source, or was known to Contractor on a non-confidential basis prior to its disclosure to Contractor http://www.cpars.gov/ in the performance of this contract.

(d) The Contractor shall include the substance of this confidentiality agreement in all subcontracts and Consultant agreements for performance of work under this contract unless excused in writing by the Contracting Officer.

H.6 CONTRACTOR LIABILITY

The Contractor shall protect, defend, indemnify, save, and hold harmless the United States

Government and its employees or agents, from and against any and all claims, demands, expenses, causes of action, judgments and liability arising out of, or in connection with, any negligent acts or omissions of the Contractor, its agents, Subcontractors, employees, assignees, or anyone for whom the Contractor may be responsible. The Contractor shall also be liable for any and all costs, expenses and attorney’s fees incurred as a result of any such claim, demand, cause of action, judgment or liability, including those costs, expenses, and attorneys’ fees incurred by the United

States Government and its employees or agents. The Contractor’s liability shall not be limited by any provision or limits of insurance set forth in the resulting contract.

H.7 DISCLOSURE OF CONFLICTS OF INTEREST

It is the Department of Transportation's (DOT) policy to award contracts to only those Offerors whose objectivity is not impaired because of any related past, present, or planned interest, financial or otherwise, in organizations regulated by DOT or in organizations whose interests may be substantially affected by Departmental activities. Based on this policy:

The Offerors shall provide a statement in its proposal that describes in a concise manner all past, present or planned organizational, financial, contractual or other interest(s) with an organization regulated by DOT, or with an organization whose interests may be substantially affected by

Departmental activities, and which is related to the work under this solicitation. The interest(s) described shall include those of the proposer, its affiliates, proposed consultants, proposed subcontractors and key personnel of any of the above. Past interest shall be limited to within one year of the date of the Offerors technical proposal. Key personnel shall include any person owning more than 20% interest in the Offerors, and the Offerors corporate officers, its senior managers and any employee who is responsible for making a decision or taking an action on this contract where the decision or action can have an economic or other impact on the interests of a regulated or affected organization.

The Offerors shall describe in detail why it believes, in light of the interest(s) identified in (a) above, that performance of the proposed contract can be accomplished in an impartial and objective manner.

In the absence of any relevant interest identified in (a) above, the Offerors shall submit in its proposal a statement certifying that to its best knowledge and belief no affiliation exists relevant to possible conflicts of interest. The Offerors must obtain the same information from potential Subcontractors prior to award of a subcontract.

The CO will review the statement submitted and may require additional relevant information from the

Offerors. All such information, and any other relevant information known to DOT, will be used to determine whether an award to the Offerors may create a conflict of interest. If any such conflict of interest is found to exist, the CO may (1) disqualify the Offerors, or (2) determine that it is otherwise in the best interest of the United States to contract with the Offerors and include appropriate provisions to mitigate or avoid such conflict in the contract awarded.

The refusal to provide the disclosure or representation, or any additional information required, may result in disqualification of the Offerors for award. If nondisclosure or misrepresentation is discovered after award, the resulting contract may be terminated. If after award the Contractor discovers a conflict of interest with respect to the contract awarded as a result of this solicitation, which could not reasonably have been know prior to award, an immediate and full disclosure shall be made in writing to the CO. The disclosure shall include a full description of the conflict, a description of the action the

Contractor has taken, or proposes to take, to avoid or mitigate such conflict. The CO may, however, terminate the contract for convenience if he or she deems that termination is in the best interest of the

Government.

H.8 LIMITATION ON FUTURE CONTRACTING

It is agreed by the parties of this contract that the Contractor will be restricted in its future contracting with FHWA to the manner described below. Except as specifically provided in this clause, the

Contractor shall be free to compete for FHWA business on an equal basis with other companies.

If the Contractor, under the terms of this contract, is required to develop specifications or statements of work, or materials leading directly, predictably or without delay to a statement of work to be used in the competitive procurement of a system or services, the Contractor shall be ineligible to perform the work described within that solicitation as a prime Contractor, subcontractor, Consultant, or in any capacity to any supplier under an ensuing FHWA contract. Such restrictions shall remain in effect for one year following the date of the initial solicitation.

H.9 ACKNOWLEDGEMENT OF SUPPORT AND DISCLAIMER

An acknowledgment of FHWA support and a disclaimer must appear in any publication of any material, whether copyrighted or not, based on or developed under this contract in the following terms:

“This material is based upon work supported by the Federal Highway Administration under contract number [To Be Determined]

Additionally, all materials must contain the following statement:

“Any opinions, findings and conclusions or recommendations expressed in this publication are those of the author(s) and do not necessarily reflect the views of the Federal Highway

Administration.”.

H.10 SOURCE CODE FOR SOFTWARE

Notwithstanding any other clause in this contract, the FHWA will have “unlimited rights”, as that term is defined in FAR 27.401, in the software and source code delivered under this contract. As a result, the FHWA may modify and distribute the software and source code to the public without restriction.

H.11 PROPERTY RIGHTS IN REPORTS

All property rights, including publication rights, in progress reports and final reports produced by the Contractor in connection with this contract provided for hereunder shall rest in the Government.

H.12 OMB PAPERWORK REDUCTION ACT

The Paperwork Reduction Act of 1995 (PRA): Activities involving information collection (i.e., paper or web-based surveys, questionnaires, etc.) from 10 or more non-Federal entities may require advance OMB Information Collection Clearance, a process that generally takes months to complete. The Contractor shall coordinate with the COR on this process as applicable.

(End of Section H)

SECTION I - Contract Clauses

I.1 CLAUSES INCORPORATED BY REFERENCE

52.202-1 Definitions (Nov 2013)

52.203-3 Gratuities (Apr 1984)

52.203-5 Covenant Against Contingent Fees (May 2014)

52.203-6 Restrictions on Subcontractor Sales to the Government (Sep 2006)

52.203-7 Anti-Kickback Procedures (May 2014)

52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper

Activity (May 2014)

52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (May 2014)

52.203-12 Limitation on Payments to Influence Certain Federal Transactions (Oct 2010)

52.203-14 Display of Hotline Poster(s) (Oct 2015) (3) Any Required Posters May Be

Obtained As Follows:

Poster(s) Obtain From

Recognize and Report Fraud in

Federally Funded Programs, Contracts, and Grants https://www.oig.dot.gov/investigations/fra ud-awareness-posters

52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform

Employees of Whistleblower Rights (Apr 2014)

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (May 2011)

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards

(Oct 2016)

52.204-13 System for Award Management Maintenance (Oct 2016)

52.204-14 Service Contract Reporting Requirements (Oct 2016)

52.204-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or

Statements. (JAN 2017)

52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or

Provided by Kaspersky Lab and Other Covered Entities (JUL 2018)

52.209-6 Protecting the Government's Interest When Subcontracting With

Contractors Debarred, Suspended, or Proposed For Debarment (Oct 2015)

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations (Nov 2015)

52.215-2 Audit and Records - Negotiation (Oct 2010)

52.215-8 Order of Precedence - Uniform Contract Format (Oct 1997)

52.215-14 Integrity of…