693JJ319R000002_-_Final.docx

693JJ319R000002

SECTION B - Supplies or Services/Prices

B.1 INDEFINITE-DELIVERY INDEFINITE-QUANTITY (ID/IQ) MINIMUM AND MAXIMUM CONTRACT AMOUNTS

60-Month Ordering Period $12,000,000

Total

$12,000,000

This is a multiple award ID/IQ type contract with a 60-month ordering period.

During the term of the contract, the Government shall place orders totaling a minimum of $195,000 per contract. The maximum amount of all task orders issued against all contracts awarded as a result of this acquisition shall not exceed a total estimated cost of $12,000,000.

The task orders placed under the contract will be Firm-Fixed-Price (FFP), Time-and-Materials/Labor Hour (T&M/LH), or a hybrid of both types based on a determination by the Contracting Officer (CO) at the task order level.

B.2 SCHEDULE OF RATES

Labor skill sets and rate ceilings governing this contract shall conform to the descriptions found in Exhibit No. J.1 and shall be listed in the Microsoft Excel format found at Exhibit No. J.1 and apply for each of the described categories for each of the contract years. The unit of issue (rates) is the fully burdened fixed price hourly rate. Please see Federal Acquisition Regulation (FAR) 52.216-29(c)(2).

The maximum amount of the contract listed in Section B.1 includes travel and materials.

(End of Section B)

SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C.1 INTRODUCTION

The Federal Highway Administration (FHWA) developed an Infrastructure Research and Technology Strategic Plan and Roadmap to provide direction to its Infrastructure Research, Development, and Technology program (RD&T) and guide the RD&T activities to be undertaken. This project addresses aspects of all 7 objectives identified in the FHWA RD&T Strategic plan as well as United States Department of Transportation (USDOT) Strategic goals. These can be found through this link on pages 8 and 14 respectively.

https://www.fhwa.dot.gov/publications/research/infrastructure/12043/12043.pdf

This strategy can be regarded as consisting of several RD&T activities, i.e., research and demonstration task orders, each having specific well-defined objectives. Some examples of the type of potential early activities that may be undertaken include:

· Research, development and technology initiatives to develop and deploy technologies that enable rapid construction, reconstruction, preservation and repair of highway infrastructure.

· Construction management best practices Building Information Modeling (BIM) for Infrastructure.

· Continued national deployment of e-construction technology and construction partnering, and further research and development to improve e-construction guidance and practices.

· Promotion and deployment of non-traditional and innovative contracting and project delivery methods, and risk management strategies for materials and construction quality assurance.

· Research, development, policy, guidance and deployment activities in support of possible use of unmanned aerial systems (UAS), camera-augmented inspection/documentation and remote data acquisition in highway construction.

· BIM for Infrastructure/Engineering Automation research and development, including shortened project delivery, lifecycle integration with Asset and Performance Management and connection to international best practices.

· Application of virtual reality for construction safety awareness. Development and deployment of improved tools for highway construction cost estimation.

· Development and demonstration of construction practices that would accommodate connected and automated and electric vehicles.

· Evaluate the impact of innovative technologies and practices on as-constructed quality, and integrating innovative technologies into Federal-Aid highway quality assurance programs.

· Assessment of costs, benefits, and risks for alternative contracting methods (ACM), performance specifications, and different project scheduling methods.

C.2 OBJECTIVE

The objective of this Contract is to conduct research and provide technology transfer as needed to advance the state-of-the-art and practice in construction, project management and quality assurance.

C.3 SCOPE OF WORK

Under this contract, the Contractor shall perform research, demonstration and outreach services as necessary to support the activities of the FHWA related to construction, project management and quality assurance. Work under the contract shall include the conduct of research; the development and demonstration of construction and project management technologies and methods; development and conduct of meetings and webinars; the development of educational and training materials; and the delivery of presentations. All work under this contract shall be performed through the issuance of specific task orders.

C.4 DELINEATION OF CONTRACTOR TASKS

To meet the objectives of this contract and as directed by the Government through the issuance of specific task orders, the Contractor shall perform the following tasks:

C.4.1.1 Task A1: Construction and Project Management Research and Support

Provide research and technology transfer services to address specific needs identified by FHWA in construction, quality assurance and project management. The overall goals of the activities are to:

· Advance state of the practice for applying BIM / Civil Integrated Management (CIM) to highway infrastructure construction, including integration of digital, geospatial and the ‘Internet of Things’ (IoT) technologies to profoundly improve productivity and to facilitate adaptation to a lifecycle performance/asset management approach;

· Advance state of the practice for highway quality assurance and performance related specifications;

· Partner with State Highway Agencies in the development and demonstration of advanced construction and project delivery technologies;

· Develop and provide guidance and technology transfer to implement new technologies and practices that accelerate construction and/or increase project delivery efficiency;

· Develop and/or demonstrate applications of geospatial technology to support design, construction and monitoring of highway infrastructure;

· Provide data warehousing capability where data are collected once and made available for varied current and future business needs;

· Develop data governance and standards to encourage interoperability between proprietary vendor applications to allow technical and implementation guidance;

· Develop rapid reconstruction and repair methods that can help to mitigate construction delays and work zone safety risks, and speed disaster recovery; and

· Develop Construction administration practices that enhance safe operation of the highway system by reducing work zone exposure.

C.4.1.2 Task A.2: Equipment/Technology Demonstrations and Loans

The Contractor shall provide support services in equipment/technology demonstration and loans or any other ancillary equipment that is needed in support of the designated technology to be showcased.

The Contractor shall provide technical assistance to State, local government, industry as well as other Federal agencies. Technical assistance may take the form of:

(1) Providing literature research based on requests for information within the scope of the technology;

(2) Providing hands-on demonstration and training of equipment; and

(3) Provide equipment purchase assistance to advance implementation.

C.4.1.3 Task A.3: Technical Writing and Editing

The Contractor shall research, write, and edit special reports, brochures, pamphlets, program reports, technical reports, specifications, and other documents. The Contractor shall also be asked to conduct the following activities to included, but not limited to:

· Prepare and ensure all deliverables, including research reports, technical guidance, software and user manuals, websites/portals according to Technical Report Specifications.

· Prepare proceedings of meetings, whether they occur in person, via conference call or web. Coordinate and consolidate responses to the draft proceedings and disseminate the final version. Send reminders to the appropriate entities regarding upcoming due dates to action items identified in the meetings, if necessary.

· Coordinate through the Contracting Officer’s Representative/Task Order Contracting Officer’s Representative (COR/TOCOR) with the FHWA publications staff to ensure that all requirements are well understood.

· Coordinate and arrange trial demonstrations of media deliverables to obtain stakeholder feedback for use in improving final deliverables.

· Technical material for publishing on Internet (Section 508 compliant).

· Develop, enhance, and maintain material for publishing on the Internet, smart phones and other online systems.

· Develop various publications which can be viewed directly online or set up for downloading via the Internet.

· Research and recommend, as appropriate media for information exchange to advance the activities of the Construction and Project Management Research and Technology Team.

C.4.2 Task B: Construction and Project Management Meetings, Webinars and Workshops

The Contractor shall plan, develop, organize, schedule, deliver webinars, meetings and workshops to:

(a) Identify research and development needs related to construction and project management;

(b) Examine and discuss agency and contractor construction and project management practices;

(c) Obtain feedback on research products and concepts established under this contract, or other FHWA efforts; and

(d) Document proceedings into a report with implications for future technical direction and recommendations.

The Contractor shall provide all technical and administrative functions associated with arranging and coordinating webinars workshops or meetings, such as: arranging web connections, contacting participants, and developing online scheduling. For workshops, the Contractor shall provide all technical and administrative functions associated with arranging and coordinating, such as: arranging the meeting location, contacting participants, securing lodging and meeting space, developing schedules, obtaining miscellaneous equipment and expendable supplies, and other workshop support functions. Workshops typically range in length from four to 16 hours of contact time and be presented at one or more times and/or places.

The Contractor shall make all travel arrangements for non-Federal workshop participants. Arrangements will include, but not be limited to: transportation reservations and tickets; hotel reservations; local transportation between transportation terminals and hotel and, if relevant, between hotel and meeting site; and other arrangements necessary to the successful travel and room and board for participants. The Contractor shall be responsible for the travel costs associated with non-federal workshop participants who qualify for invitational travel. (Invitational travel means non-federal individuals who are providing a direct service to the agency, such as making a presentation or advising in an area of expertise.) The Contractor shall provide documentation of costs as needed for FHWA’s meeting reporting processes.

C.4.3 Task C: Construction and Project Management Training and Assistance

The Contractor shall provide training and assistance as needed to help State highway agency and construction contractor personnel with the development and effective use of specifications and/or with other construction and project management products. The training and assistance shall be on site, either at the construction project or the agency headquarters or field offices, or virtual. Prior to each visit, the Contractor shall coordinate with the COR/TOCOR and the State highway agency to establish a plan and schedule for the training and assistance to be provided. Each visit shall be individualized to meet the specific needs of the requesting State highway agency.

C.4.4 Task D: Construction and Project Management Software

The Contractor shall evaluate, make recommendations for, and improve, update, maintain, or expand existing software programs and applications, on various platforms, related to construction and project management. The Contractor shall develop software related to construction, quality assurance and project management. All software deliveries, preliminary and final, shall include, in addition to the executable version, well-documented source code in electronic readable format, overall software architecture documentation, overall and individual module interface documentation, other support and library files, and a user’s operations manual. The source code and support files included shall be in its entirety so that they can be compiled and linked using off the shelf software to recreate the executable version of software in its entirety. All hardware deliveries will include all documentation necessary to reproduce (assemble) and operate the delivered hardware system(s).

C.4.5 Task E: Construction and Project Management Presentations

Prepare and deliver presentations as requested. Presentations shall cover task order objectives, progress, results, findings, conclusions, and recommendations. The principal investigator, or delegate, shall conduct the presentation in agreement with the TOCOR.

C.5 STAFFING

Special Qualifications

The Contractor’s project team must possess the necessary combination of qualifications and experience to provide superior-level research and work products to the satisfaction of FHWA. The Principal Investigator and any co-Principal Investigators must demonstrate substantial time commitment to the project, and any change of senior project team members during the contract must be approved by FHWA.

Program Manager

Duties The Program Manager (PM) shall be responsible for administration, supervision and management of the contract personnel, which shall include coordinating time and travel for the contract personnel. The PM shall be responsible for the submission of all task order proposals, progress reports, final reports and all other deliverables. The PM shall be the point of technical and administrative contact between the Government and the Contractor and shall be responsible for the successful completion of all work required under this contract.

Qualifications The PM shall have a minimum of 10 years of experience in the management of technical personnel, research, and technology studies of a complex nature. The PM shall have demonstrated knowledge and experience with highway construction project delivery. This includes demonstrated knowledge of construction processes; quality assurance (QA) procedures; and demonstrated communications skills.

Principal Investigator

Duties The Principal Investigator (PI) shall conduct research and development dealing with highway construction project delivery. This includes design, QA, data collection, specifications and acceptance plan evaluation and development and data validation procedures. In addition, the Principal Investigator shall assist in developing webinars; providing training and assistance to contractors and/or State highway agencies; evaluating and developing software; and writing reports.

Qualifications The PI shall have a minimum of 10 years of experience in highway construction, project delivery as well as relevant research and development experience. The PI shall have demonstrated experience interacting with highway agencies to advance construction technology. A doctorate degree is preferred.

Quality Assurance Engineer

Duties The Quality Assurance (QA) Engineer shall conduct research dealing with quality assurance, including specification and acceptance plan evaluation and development. In addition, the QA Engineer shall assist in developing workshops; providing training and assistance to contractors and/or State highway agencies; evaluating and developing software; and writing reports.

Qualifications The QA Engineer shall have a minimum of five years of experience in conducting on-site construction work or related research studies dealing with highway construction quality assurance. The QA Engineer shall understand State highway agency organizations and functions, highway materials and construction; field sampling and testing; data collection, organization, and analysis, statistically based acceptance specifications, determination of buyer, seller, and payment risks, warranty provisions, and accreditation/certification requirements. The QA Engineer shall possess an advanced degree in the relevant field.

Project Management/Construction Engineer

Duties The Project Management Construction Engineer (PMCE) shall conduct research in the highway construction design, materials, quality assurance, field testing, laboratory material characterization. The PMCE is knowledgeable of project scheduling, project cost estimating, project delivery, project inspection, project documentation, project closeout and materials and construction investigations. In addition, the PMCE shall assist in developing workshops; providing training and assistance to contractors and/or State highway agencies; evaluating and writing software; and writing technical reports.

Qualifications The PMCE shall have a minimum of seven years of experience in a combination of conducting actual construction projects and associated research studies dealing with project scheduling, project cost estimating, project delivery, project inspection, and/or construction. The PMCE shall demonstrate understanding of State highway agency organizations and functions.

Statistician

Duties The Statistician shall be responsible for the application of statistical principles in the development of procedures related to construction quality assurance, setting up experimental designs, and performing statistical analyses.

Qualifications The Statistician shall have a Doctorate Degree or a Master’s Degree with a minimum of 3 years of applicable experience.

Computer Programmer

Duties The Computer Programmer (CP) shall be responsible for supporting the computer programming functions in Task D.

Qualifications The CP shall have a minimum of five years of experience in providing computer programming functions for pavement related activities. The CP shall be competent in languages to support application development for mobile devices. The programmer shall have demonstrated experience in writing user’s manuals and help files and in applying the requirements of Section 508 of the Rehabilitation Act.

Data Architect

Duties The Data Architect (DA) shall be responsible for the coordination, organization and delivery of data related to the project in conjunction with the COR/TOCOR. The DA shall be responsible for identifying the types of data to be collected and conveying the information to the FHWA in a proactive basis to ensure that the data deliverables are aligned with FHWA data management and dissemination resources.

Qualifications The DA shall demonstrate at least three years of practical experience in the areas of relational data base architecture and related software applications. The DA shall also demonstrate an understanding of the types of data that is anticipated for collection under the contract and how best to organize and harmonize the data to meet relational database requirements.

Meeting/Event Facilitator

Duties The Meeting Facilitator (MF) shall be responsible for, in coordination with the COR/TOCOR, the development of event agendas, event materials, venue logistics, event outcomes, mediation and conduct of event activities. The facilitator shall also be responsible for logistics of audio-visual and documentation of event proceedings.

Qualifications The MF shall have at least 3 years of demonstrated experience in coordinating, organizing and facilitating events and shall have excellent communication skills in oral and written English.

Administrative Support

Duties The Administrative Support (AS) shall be responsible for technical report and other media preparation and assistance with administrative functions. The administrative support staff shall work with FHWA public relations and media publication staff to ensure all requirements are met in advance of the delivery of draft products, and throughout the editorial process.

Qualifications The AS shall have a minimum of three years of experience in providing administrative support to technically focused staff and in preparing technical reports in MS Office or MS Office-supported applications.

Technical Editor

Duties Responsible for ensuring quality of reports and other documents to meet requirements of the FHWA for publication through interaction with the publications office. The technical editor shall utilize the FHWA Turner-Fairbank Highway Research Center Communications Reference Guide and shall work with FHWA public relations and media publication staff to ensure compliance with all editorial requirements in advance of the delivery of draft products, and throughout the editorial process.

Qualifications Shall have a minimum of 3 years of experience with editing technical reports, documents and Internet-based publication and software applications. Shall possess knowledge of and familiarity with research, civil engineering, computing and construction fields.

Consultants, Levels 1, 2, 3

It is anticipated that various consultants may be required during the conduct of this research. The consultants may be from differing fields of expertise, as well as differing education and experience levels.

Level 1: Master’s Degree and 6 years of relevant experience or PhD and 2 years relevant experience.

Level 2: PhD and 8 years relevant experience.

Level 3: PhD and 15 years relevant experience.

C.6 PROGRESS REPORTS

The Contractor shall submit quarterly progress reports by the 10th of the first month of the quarter following the reporting period. The report shall provide at a minimum:

(a) Clear and complete account of the work performed under each task order during the reporting period.

(b) The cumulative amount expended under the ID/IQ by task order and summary.

(c) An outline of the work to be accomplished during the next reporting period.

(d) A description of any problem encountered or anticipated that will affect the completion of any individual task order within the time and fiscal constraints as set forth in the task orders, together with recommended solutions to such problems; or, a statement that no problems were encountered.

(e) Deliverables submitted, date due, and date submitted.

(f) Project Schedule – (task order specific) The Contractor shall submit, to the Government, an initial project schedule in Microsoft Project format within sixty (60) days after the effective date of a task order and updates showing the percent complete of major deliverables every thirty (30) days thereafter. The schedule shall include at a minimum, the major deliverables and milestones and adhere to the Microsoft Project template structure provided by the COR. Any changes to due dates after the initial project schedule baseline must be approved by the Government. The Contractor shall support the identification of schedule dependencies related to the project and in accordance with the Government defined process.

The Contractor shall furnish an electronic copy of the quarterly progress report to the CO and COR.

C.7 ANNUAL REPORT

The Contractor shall furnish 1 electronic copy (in Microsoft Office 2010 or equivalent) of a letter-type annual report to the CO and to the COR on or before 30 calendar days before the end of each contract year. The annual report shall contain the following:

(a) A brief narrative commenting on performance during the reporting period for each of the following areas:

(1) Quality of Product/Service

(2) Schedule

(3) Cost Control

(4) Business Relations

(5) Management of Key Personnel

(6) Utilization of Small Businesses

(7) Other

The annual report will be used by the COR as part of the annual performance review.

C.8 Kickoff Meeting

Within 45 days following contract award, the Contractor shall facilitate a kickoff meeting to be held via conference call. The meeting shall include its representatives, ensuring all parties have a common understanding of the contract tasks and requirements. The Contractor shall have its key personnel participate, at a minimum, in this meeting.

(End of Section C)

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 company name, the contract number, Task Order number (if applicable), and as appropriate the item identification, quantity of items, and notice of partial or final delivery.

D.2 MARKINGS

All deliverables submitted to the CO and the designated COR/TOCOR shall be accompanied by a packing list or other suitable shipping document that shall clearly indicate the following:

(a) Contract number;

(b) Task Order number;

(c) Name and address of the consignor;

(d) Name and address of the consignee;

(e) Government bill of lading number covering the shipment (if any); and

(f) Description of the item/material shipped, including Deliverable Item Number (If applicable), Report Requirement, or Project Title under which the item is being delivered.

Specific marking objectives may be addressed in individual task orders.

The offeror shall take all necessary precautions to ensure that all sensitive data developed under this contract are delivered to the Government in a secure manner.

D.3 EQUIPMENT REMOVAL

Any and all Contractor-owned equipment, accessories, and devices located on Government property shall be dismantled and removed from Government premises by the Contractor, at the Contractor’s expense, within 30 calendar days after contract expiration. Exceptions to this requirement shall be mutually agreed upon by the Government and the Contractor and written notice issued by the CO. Specific objectives will be addressed in individual task orders.

(End of Section D)

SECTION E - Inspection and Acceptance

E.1 52.246-2 INSPECTION OF SUPPLIES – FIXED PRICE (AUG 1996)

E.2 52.246-4 INSPECTION OF SERVICES - FIXED-PRICE (AUG 1996)

E.4 52.246-6 INSPECTION – TIME-AND-MATERIAL AND LABOR HOUR (MAY 2001)

E.5 ACCEPTANCE

All work hereunder shall be subject to review by the Government. The COR or TOCOR as specified in each appointment letter at the contract and task order level, is responsible for inspection and acceptance of all incoming shipments, documents, and services. The COR/ TOCOR will provide written acceptance of deliverables.

E.6 GOVERNMENT ACCEPTANCE PERIOD

Unless stated elsewhere in each Task Order, the COR will have 14 calendar days to review draft deliverables and make comments. The Contractor shall have 10 calendar days to make corrections and return the corrected deliverable to the Government. Upon receipt of the final deliverables, the COR will have 14 calendar days for final review prior to acceptance or providing documented reasons for non-acceptance.

The COR shall have the right to reject or require correction of any deficiencies found in the deliverables that are contrary to the information contained in the Contractor’s accepted proposal. In the event of rejection of any deliverable, the Contractor shall be notified in writing by the COR of the specific reasons why the deliverable is being rejected. Unless otherwise directed by USDOT, the Contractor shall have 14 calendar days to correct the rejected deliverable and return it per delivery instructions.

(End of Section E)

SECTION F - Deliveries or Performance

F.1 52.242-15 STOP-WORK ORDER. (AUG 1989)

F.2 52.242-17 GOVERNMENT DELAY OF WORK. (APR 1984)

F.3 52.247-34 F.O.B. DESTINATION. (NOV 1991)

F.4 PERIOD OF PERFORMANCE (ID/IQ)

The period of performance of this Indefinite Delivery/Indefinite Quantity Contract (for the purpose of placing orders) is 60 months from the date of award.

F.5 PLACE OF DELIVERY

All deliverables, except the annual and quarterly progress report shall be delivered to the COR at the following address:

To be completed at time of award

The annual and quarterly progress reports shall be delivered to COR and Contract Specialist (CS) at the following address:

Fill-in Name and Title at Award Fill-in E-mail Address at Award

F.6 PLACE OF PERFORMANCE

The location of work performed under this contract will be at the Contractor’s facilities, unless otherwise stated in the individual task orders.

F.7 DELIVERABLE/DELIVERY SUMMARY

Deliverable

of the month following the quarter being reported

For task orders issued under this contract, specific deliverables and due dates will be specified in the task order documents.

(End of Section F)

SECTION G - Contract Administration Data

G.1 PAYMENT- (ID/IQ)

FFP:

For each FFP Task Order, the Government shall pay the Contractor for the prices delineated in each task order. Payment shall be made upon review and written acceptance of the FFP deliverable(s) by the Government.

T&M/LH:

For each T&M/LH Task Order, 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 a T&M/LH Task Order. Any work performed in excess of the amount funded is at the Contractor’s own risk.

NOTE: For each T&M/LH Task Order, allowable materials costs, including travel expenses shall be reimbursed at cost. Inclusion of indirect burden amounts or fee on material costs, including travel expenses, is not allowable.

G.2 TRAVEL AND PER DIEM

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).

The Contractor shall invoice in accordance with FAR 31.205-46, Travel Costs, and Federal Travel Regulations, and must submit documentation of all travel costs.

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 CO.

The following web site provides information on current Per Diem rates: http://www.gsa.gov/portal/category/100120

G.3 SUBCONTRACTS – ADVANCE NOTIFICATION AND CONSENT

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

(Filled in at Award)

Any future change or revision to the Statement of Work 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.4 INVOICES

Submit all invoices (per individual task order) 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/Task Order Number

(3) Name of your Company/Organization

(4) Attention: Contract Specialist

Example: Invoice No. 35 – 693JJ318D000001 – Contractor Name – Attention: Contract Specialist

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: Contract Specialist Express Delivery Point of Contact: Ryan Wisniewski, 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: Lead Accounting Technician, 405-954-8252

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

G.5 FINAL INVOICES

NOTE: The final invoice is not subject to interest payment under the Prompt Payment Act. The CO will process the final invoice as a routine part of the closeout process. When submitted, the Contractor shall mark the invoice as ‘FINAL’ in accordance with Section G.4 Invoice of this contract.

G.6 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 statement of work;

(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:

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

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

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

(iv) 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 by the COR is within one of the prescribed categories in (i) through (iv) above, the Contractor shall not proceed, but shall notify the CO in writing, within 3 working days after receipt of any such direction. The CO 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.7 CONTRACTING OFFICER’S REPRESENTATIVE AND TASK ORDER COR

(a) The CO 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 CO 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 of 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.

As needed, the CO may appoint a TOCOR. The TOCOR’s responsibilities shall include technical monitoring of the Contractor’s performance as well as inspecting and accepting deliveries under specified task order(s). Any changes to the TOCOR delegation will be made in writing, either by changes to the existing memorandum or by issuance of a new appointment memorandum. Notification of any changes will be provided to the Contractor and COR.

(c) The COR and, if designated, the TOCOR are not authorized to perform, formally or informally, any of the following actions:

· Promise, award, agree to award, or execute any contract, contract modification, or notice of intent that changes or may change this contract;

· Waive or agree to any modification of the delivery schedule;

· Make any final decision on any contract matter subject to the Disputes Clause;

· Terminate, for any reason, the Contractor’s right to proceed, or issue any order causing the Contractor to stop work; or

· Obligate in any way, the payment of money by the Government.

(d) The Contractor shall comply with the written or oral direction of the CO or authorized representative(s) acting within the scope and authority of the appointment memorandum. The Contractor need not proceed with direction that it considers having been issued without proper authority. The Contractor shall notify the CO in writing, with as much detail as possible, when the COR or TOCOR, if applicable, has taken an action or has issued direction (written or oral) that the Contractor considers exceeding the COR or TOCOR’s appointment, within 3 days of the occurrence.

Unless otherwise provided in this contract, the Contractor assumes all costs, risks, liabilities, and consequences of performing any work it is directed to perform that falls within any of the categories defined in paragraph (c) prior to receipt of the CO’s response issued under paragraph (e) of this clause.

(e) The CO 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 CO and the COR and TOCOR, if applicable.

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

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 Program Manager (PM) for this contract is [Fill-in at Award], who 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 PM shall be subject to the approval of the CO.

G.9 AGENCY TASK ORDER OMBUDSMAN

The CO’s selection decision on each task order request shall be final and is not subject to protest, except for a protest that the task order increases the scope, period, or maximum value of the contract. Accordingly, in accordance with FAR 16.505(b)(5), an ombudsman has been appointed to hear and facilitate the resolution of the Contractor’s concerns resulting from task order award. The existence of the ombudsman does not diminish the authority of the CO. Further, the ombudsman does not participate in the evaluation of the proposals or the adjudication of formal contract disputes. Therefore, before consulting with the ombudsman, interested parties must first address their concerns, issues, disagreements and/or recommendations to the CO for resolution.

If the CO cannot make resolution, interested parties may contact the FHWA ombudsman at the following address:

United States Department of Transportation Federal Highway Administration 1200 New Jersey Avenue, SE

Washington, DC 20590 Location: E66-327 Attention: Ombudsman

G.10 TASK ORDER SELECTION FACTORS

FHWA anticipates that the following elements will be the standard criteria for awarding individual task orders: Technical/Management Approach, Past Performance, and Price in relation to task order requirements. Each task order will indicate any changes or additions to standard criteria. The order of importance for the factors will be identified in each individual Task Order Proposal Request (TOPR). Evaluation of past performance will be based on the past performance data in each awardee’s proposal as supplemented by the Government and Contractor during the period of performance. As work proceeds under this contract, it is probable that the past performance information evaluated at original contract award will be given less weight than current performance reports received on task orders performed under this contract.

G.11 TASK ORDER PROCEDURES

All funds expended under this contract shall be incurred and accounted for under individual task orders. All task orders are subject to the terms and conditions of this contract.

The following ordering procedures apply to all task orders issued under this contract. All task orders under this contract will be competed unless a special exception to competition applies.

Any supplies/services to be furnished under this contract will be ordered by issuance of written task orders. Task orders shall be issued in accordance with FAR 52.216-18, 52.216-19, and 52.216-22 (See Section I). In addition:

(a) Only an authorized FHWA CO can issue a task order for this contract.

(b) All task orders are subject to the terms and conditions of the contract. In the event of conflict between a task order and the contract, the contract will take precedence.

(c) All costs associated with preparation, presentation, and/or discussion of the Contractor’s task order proposal shall not be billable as direct contract expenses.

(d) The CO or COR will issue TOPRs electronically to each ID/IQ Contractor awarded a contract in response to solicitation 693JJ319R000002, in accordance with FAR 16.505 Ordering to provide each vendor a fair opportunity to compete. Each TOPR will indicate the objective or results required by the Government. This objective will be within the scope, period, and maximum value of the IDIQ contract. Each TOPR will indicate the task order type, the due date for proposal submission, the estimated level of effort (if applicable), any Government estimates for equipment and/or travel, any special requirements, and any additional selection criteria not specifically identified in the task order Selection Criteria clause below.

(e) Upon receipt of a TOPR, the Contractor shall prepare and submit a written task order proposal within the timeframe specified for submission. The Contractor shall submit one electronic copy of the task order proposal to the CO. The task order proposal shall include, as a minimum, the following information:

(1) A discussion of the Task Order objective demonstrating the Contractor’s understanding of the required outcome.

(2) A concise work plan for achieving the task order objectives that clearly demonstrates the Contractors’ understanding of and planned approach to the problem.

(3) A performance schedule that provides the following information:

(i) Planned accomplishments/milestones

(ii) Anticipated problems or challenges

(iii) Planned solutions to anticipated problems or challenges

(4) Qualifications of the proposed staff, including any proposed subject matter expert consultants.

(5) A detailed price proposal, including:

(i) Proposed level of effort and labor categories

(ii) The corresponding labor rates

(iii) Other Direct Costs as applicable (materials, travel, shipping, copying, etc.)

(6) Task Order Conflicts of Interest: The Offerors shall provide a brief statement in each task order proposal that describes in a concise manner all past, present or planned organizational, contractual or other interest(s), which may affect the Offeror’s ability to perform the proposed task order in an impartial and objective manner. The CO will review the statement and may require additional relevant information from the Offerors. In accordance with FAR Subpart 9.5, all such information, and any other relevant information known to DOT, will be used to determine whether an award to the Offeror(s) may create an actual or potential conflict of interest. If any such conflict of interest is found to exist, the CO may (a) disqualify the Offeror(s), or (b) determine that it is otherwise in the best interest of the United States to contract with the Offeror(s) and include appropriate provisions to mitigate or avoid such conflict in the contract awarded.

(7) Proposals shall be delivered, on or before the due date, to the Contract Specialist listed in the TOPR.

(8) Upon selection/acceptance of a task order proposal, the CO shall execute a task order. This task order will contain, as a minimum, the following information:

(i) Name and signature of CO

(ii) Task Order Number and Contract Number

(iii) Effective Date of Task Order

(iv) Task Order Subject and Description of Work (including deliverables/schedule)

(v) Period of Performance

(vi) Total Amount of Task Order

(vii) Accounting Data

(viii) Reporting Requirements

(ix) Work Plan

(x) Key Personnel

(9) No work will be performed and no payment will be made except as authorized by a properly executed Task Order.

NOTE: The type of task orders issued will vary based on the nature of the work requested and the CO’s determination.

In lieu of submitting a Task Order Proposal, if the Contractor is not able or does not wish to compete for a specific task order, the Contractor must so state in writing to the CO.

G.12 LIABILITY

The Government cannot indemnify the Contractor or its subcontractors from liability as a result of the performance of work under this contract. Therefore, the Contractor is required to obtain adequate property, vehicle and liability insurance during the entire period of performance, as appropriate, in accordance with the clause at FAR 52.228-7, which is incorporated into this contract in Section I. Evidence of such insurance must be submitted to the CO as a condition of award.

(End of Section G)

SECTION H - Special Contract Requirements

H.1 TECHNICAL REPORT SPECIFICATIONS

Unless specified otherwise, technical reports under this contract shall be prepared in accordance with the FHWA Communication Reference Guide (current report FHWA-HRT-15-058).

H.2 INFORMATION AND COMMUNICATION TECHNOLOGY (ICT) STANDARDS AND GUIDELINES COVERED BY SECTION 508 AND SECTION 255

In addition to the work requirements specified in this statement of work, vendors must ensure that all information and communication technology (ICT) that they prepare will meet the requirements of the ICT Standards and Guidelines to ensure that information and communication technology covered by Section 508 of the Rehabilitation Act of 1973 and Section 255 of the Communications Act of 1934 is accessible to and usable by individuals with disabilities. Vendors can view ICT Standards and Guidelines (https://www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-ict-refresh/final-rule) and the Federal IT Accessibility Initiative Home Page (https://section508.gov) for detailed information.”

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 an evaluation will be referred to an individual at a level above the CO, 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.

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, Operations Support, Architect-Engineer Services, and Construction. CPARS reference material can be accessed at 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…