RFP 693JJ320R000001 12102019.pdf

SOLICITATION, OFFER AND AWARD

1. THIS CONTRACT IS NOT A RATED ORDER

UNDER DPAS (15 CFR 700)

RATING PAGE OF PAGES

1 | 53

2. CONTRACT NUMBER 3. SOLICITATION NUMBER

693JJ320R000001

4. TYPE OF SOLICITATION

SEALED BID (IFB)

X NEGOTIATED (RFP)

5. DATE ISSUED

12/10/2019

6. REQUISITION/PURCHASE NO.

HRDI20190029PR

7. ISSUED BY CODE HCFA-22 8. ADDRESS OFFER TO (If other than Item 7)

Federal Highway Administration

Office of Acquisition Management

1200 New Jersey Ave. S.E. Rm E62-204

Washington, DC 20590

ATTN: Tamiko Aikens

Email: Tamiko.Aikens@dot.gov

NOTE: In sealed bid solicitations “offer” and “offeror” mean “bid” and “bidder”

SOLICITATION

9. Offers for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8 until January 10, 2020 EST, 12:00 pm.

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. THIS PROCUREMENT IS ISSUED USING FULL AND OPEN COMPETITION.

THIS IS A FULL AND OPEN COMPETITION REQUIREMENT

10. FOR A. NAME B. TELEPHONE (NO COLLECT CALLS) C. E-MAIL ADDRESS

INFORMATION

CALL:

Primary Contact: Tamiko Aikens

Secondary Contact: Robert Brown

AREA CODE

NUMBER

366-3092

366-9298

EXT. Tamiko.Aikens@dot.gov.

Robert.P.Brown@dot.gov.

11. TABLE OF CONTENTS

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

PART I - THE SCHEDULE PART II - CONTRACT CLAUSES

X A SOLICITATION/CONTRACT FORM 1 X I CONTRACT CLAUSES 29

X B SUPPLIES OR SERVICES AND PRICE/COST 2 PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.

X C DESCRIPTION/SPECS./WORK STATEMENT 3 X J LIST OF ATTACHMENTS 35

X D PACKAGING AND MARKING 9 PART IV - REPRESENTATIONS AND INSTRUCTIONS

X E INSPECTION AND ACCEPTANCE 10 X K REPRESENTATIONS, CERTIFICATIONS 36

X F DELIVERIES OR PERFORMANCE 11 AND OTHER STATEMENTS OF OFFERORS

X G CONTRACT ADMINISTRATION DATA 14 X L INSTRS., CONDS., AND NOTICES TO OFFERORS 42

X H SPECIAL CONTRACT REQUIREMENTS 19 X M EVALUATION FACTORS FOR AWARD 51

OFFER (Must be fully completed by offeror) NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

12. In compliance with the above, the undersigned agrees, if this offer is accepted within 120 calendar days (60 calendar days unless a different period is inserted 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 designated point(s), within the time specified in the schedule.

13. DISCOUNT FOR PROMPT PAYMENT

(See Section I, Clause No. 52.232-8)

10 CALENDAR DAYS

20 CALENDAR DAYS

30 CALENDAR DAYS

CALENDAR DAYS

14. ACKNOWLEDGMENT OF AMENDMENTS AMENDMENT NO. DATE AMENDMENT NO. DATE

(The offeror acknowledges receipt of amendments to the

SOLICITATION for offerors and related documents numbered and dated):

15A. NAME CODE FACILITY 16. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

AND OFFER (Type or print)

ADDRESS

OF

OFFEROR

15B. TELEPHONE NUMBER 15C. CHECK IF REMITTANCE 17. SIGNATURE 18. OFFER DATE

AREA CODE NUMBER EXT. ADDRESS IS DIFFERENT FROM ABOVE -

ENTER SUCH ADDRESS IN SCHEDULE.

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

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

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

23. SUBMIT INVOICES TO ADDRESS SHOWN

IN (4 copies unless otherwise specified)

ITEM

24. ADMINISTERED BY (If other than Item 7) CODE 25. PAYMENT WILL BE MADE BY CODE

26. NAME OF CONTRACTING OFFICER (Type or print) 27. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

28. AWARD DATE

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

mailto:Tamiko.Aikens@dot.gov mailto:Robin.Hobbs@dot.gov

693JJ320R000001

SECTION B - Supplies or Services and Prices/Cost

B.1 SCHEDULE OF SERVICES

The Contractor shall furnish all services, equipment, travel, materials and personnel necessary to provide the Federal Highway Administration (FHWA) with non-personal services for “Research the availability, feasibility, and reliability of available Nondestructive Evaluation (NDE) technologies for detecting and locating of buried utilities”, as described in Section C below.

This is a Firm-fixed-Price (FFP) Contract.

B.2 FIRM FIXED PRICE

The maximum potential value of this Contract including the Optional Contract Line Item Number (CLIN) is $_____________.

CLIN Description Amount 0001 Kickoff-Project Management $ - 0002 Summary Task 2 Report $ - 0003 Summary Task 3 Report $ - 0004 Summary Task 4 Report

0005 Summary Task 5 Report $ - 0006 Final Report, TechBrief and Presentation $ - 0007 Option – Develop NDE WEB Manual

0008 Travel/Other Direct Costs (ODCS) $10,500

Not-To-Exceed

SECTION C - Description/Specifications/Statement of Work

C.1 BACKGROUND

An extensive array of utility networks is buried underneath the ground surface, which are vital to society’s daily life. Highway renewal projects and expanding or replacing sections of a road-networks depend on the availability of accurate buried utility records and information to support effective planning, design, and delivery of renewal work. Thousands of excavations are carried out within the U.S. road network each year to relocate, install or repair buried utility pipes and cables. Additionally, utilities are often exposed as roadway construction occurs in their vicinity.

The precise location of existing buried utilities is mostly unknown to highway agencies. Not knowing the location of buried assets causes practical problems that increase costs and delay projects, but more importantly, it increases the risk of injury to project personnel and damage to utilities which can have ripple effects far beyond the project boundaries. The problems associated with inaccurate location of buried pipes and cables are serious and are rapidly worsening due to the increasing density of underground infrastructure in major urban areas.

Buried utility conflicts and relocations are one of the largest contributors for project delays during road construction.

There are four recognized quality levels of underground utility information ranging from Quality Level (QL) D (the lowest level) to Quality Level A (the highest level). Quality levels may be thought of as degrees of risk, or how much information is really needed to adequately design and construct a highway project. Highway plans typically contain disclaimers as to the accuracy of the utility information. The use of quality levels allows project owners to decide what quality level of information they want to apply to their risk management challenge and to certify on project plans that a certain level of accuracy and comprehensiveness has been provided. The highest level of accuracy and comprehensiveness is generally not needed at every point along a utility's path, only where conflicts with highway design features are most likely to occur. Hence, lesser levels of information may be appropriate at points where fewer conflicts or no conflicts are expected.

Each of the four quality levels is described as follows:

• Quality Level D. QL-D is the most basic level of information for utility locations. It comes solely from existing utility records or verbal recollections, both typically unreliable sources. It may provide an overall "feel" for the congestion of utilities, but is often highly limited in terms of comprehensiveness and accuracy. QL-D is useful primarily for project planning and route selection activities.

• Quality Level C. QL-C is probably the most commonly used level of information. It involves surveying visible utility facilities (e.g., manholes, valve boxes, etc.) and correlating this information with existing utility records (QL-D information). When using this information, it is not unusual to find that many underground utilities have been either omitted or erroneously plotted. Its usefulness, therefore, is primarily on rural projects where utilities are not prevalent, or are not too expensive to repair or relocate.

• Quality Level B. QL-B involves the application of appropriate surface geophysical methods to determine the existence and horizontal position of virtually all utilities within the project limits. This activity is called "designating". The information obtained in this manner is surveyed to project control. It addresses problems caused by inaccurate utility records, abandoned or unrecorded facilities, and lost references. The proper selection and application of surface geophysical techniques for achieving QL-B data is critical.

Information provided by QL-B can enable the accomplishment of preliminary engineering goals. Decisions regarding location of storm drainage systems, footers, foundations and other design features can be made to successfully avoid conflicts with existing utilities. Slight adjustments in design can produce substantial cost savings by eliminating utility relocations.

• Quality Level A. QL-A, also known as "locating", is the highest level of accuracy presently available and involves the full use of the subsurface utility engineering services.

It provides information for the precise plan and profile mapping of underground utilities through the nondestructive exposure of underground utilities, and also provides the type, size, condition, material and other characteristics of underground features.

Nondestructive evaluation (NDE) technologies have great potential in detecting, locating, characterizing and assessing the condition of subsurface utilities to reduce the construction cost, improve the delivery time, increase safety of the construction, and assist with overall management of a construction project. The proper selection and application of NDE techniques for achieving Quality Level A or B data is essential. The second Strategic Highway Renewal Program (SHRP 2) Project R01B, “Encouraging Innovation in Locating and Characterizing Underground Utilities”, focused on geophysical tools and accompanying software for locating and mapping buried utilities. Existing Ground-penetrating Radar (GPR) equipment and software systems was used as a platform in this project. However, the reliability of detection in certain environment or on certain material types (i.e., plastic pipes) have been poor, and it requires extensive expertise to operate the equipment and accurately analyzing data. In addition, the SHRP2 project used an innovative shear wave imaging system to provide detection capabilities similar to GPR for soils where GPR is not an effective tool. However, a practical prototype that incorporates seismic technology was not fully developed.

The American Society of Civil Engineers' (ASCE) Standard Guideline for the Collection and Depiction of Existing Subsurface Utility Data was published and distributed in 2003. It contains an appendix on surface geophysical techniques.

The Federal Highway Administration (FHWA) conducted research to document issues associated with State transportation departments asserting their responsibility to manage utility installations within the highway right-of-way. Among other topics, the research addressed benefits of having reliable, accurate utility data available during project delivery, and barriers to collecting and managing utility location data as well as strategies to overcome those barriers. The TechBrief and final report from this project may be located via the following location:

• TechBrief: Feasibility of Mapping and Marking Underground Utilities by State Transportation Departments, FHWA-HRT-18-070 https://www.fhwa.dot.gov/programadmin/equip.cfm https://www.fhwa.dot.gov/programadmin/equip.cfm https://www.fhwa.dot.gov/publications/research/infrastructure/pavements/18070/index.cfm https://www.fhwa.dot.gov/publications/research/infrastructure/pavements/18070/index.cfm

• Report: Feasibility of Mapping and Marking Underground Utilities by State Transportation Departments, FHWA-HRT-16-019

Additionally, the FHWA’s Small Business Innovation Research Program (SBIR) conducted the robotic subsurface utility mapping and guidance project, a.k.a RUMI. The goal of this project was to develop a partially-robotic system that simultaneously maps subsurface utility conflicts in 3D and installs new utility conduits in near real time. The intent of this project is to build off of these earlier SHRP2 and FHWA efforts and not duplicate the earlier work.

C.2 SCOPE

The purpose of this study is to investigate the availability, feasibility, and reliability of available NDE technologies to locate buried utilities, to identify proper NDE technologies for achieving QL-A and QL-B, and to develop a suite of innovative applications for existing NDE technologies that can address the complexity of varying utilities, site soil, geology, environmental conditions, pipes sizes and depths, and operation beneath either paved streets, roadways, soils, or backfilled utility trenches. Varying geologic conditions inhibit the effectiveness of some NDE techniques in different ways; therefore, a need exists to identify or develop effective NDE methods that can offer subsurface utility engineers and geophysical service providers the best chance to completely and accurately detect and locate buried utilities at any location across the United States.

It is of interest to the Federal Highway Administration (FHWA) to conduct a comprehensive study to investigate and document the reliability of existing and promising NDE technologies for mapping buried underground utilities and to identify and demonstrate innovative applications of existing NDE technologies for mapping buried utilities.

C.3 OBJECTIVE

The study shall document potential advantage, limitations, shortcomings, and cost/benefit of using NDE technologies for mapping buried underground utilities as well as issues which could represent new challenges for the future. The study shall document technologies and applications that will lead to the better identification of underground utilities for highway agency purposes.

The results of this project would be useful and valuable to project owners, engineers, and constructors.

C.4 DETAILED REQUIREMENT

The Contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform the requirements of this Statement of Work (SOW). The Contractor shall complete the following Tasks for successful performance:

Task 1 Kickoff-Project Management

Within 30 days of contract award, the Contractor shall coordinate and conduct a kickoff meeting, https://www.fhwa.dot.gov/publications/research/infrastructure/pavements/16019/index.cfm https://www.fhwa.dot.gov/publications/research/infrastructure/pavements/16019/index.cfm either through web conference or in person, with the Contracting Officer’s Representative (COR) and others as appropriate, to review the SOW, delivery schedule, delineate roles and responsibilities, and establish communication protocols. 7 days following the kick-off meeting, the Contractor shall submit a written summary of discussions, decisions, and action items.

NOTE: If the kickoff meeting is held in person, it shall be at FHWA in the Washington DC metro area.

Task 2 Identify existing NDE technologies and the current practice in NDE application across State Highway Agencies for mapping buried utilities

The Contractor shall conduct an extensive literature search and comprehensive review of existing NDE technologies and current practices of all State DOTs in using NDE technologies for mapping buried utilities, including the results from the SHRP2 R01B Project and the listed FHWA projects. This search should focus on available NDE technologies, as well as emerging technologies and methods, and report any available guidelines for mapping underground utilities.

The Contractor shall identify the “lead adopters” of NDE technologies in mapping underground utilities. The Contractor shall document successful case studies (nine). The Contractor shall also document the challenges and lessons learned in implementation of NDE technologies in each case study. The case studies shall include “return on investment” by using NDE technologies, if cost data is available. If necessary, the search should also include findings by gathering information through outreach that extends beyond what can be found in the literature (such as interviews with State and Local Departments of Transportations and perhaps Utility Location firms).

The Contractor shall document the characteristic of available NDE technologies if any and their reliability in mapping buried utilities including user interface, portability, cost, etc. The Contractor shall document the strength and weaknesses of available NDE technologies based on their characteristics.

Besides available NDE technologies, the Contractor shall identify possible Task 3 validation sites where utilities have been sufficiently mapped by transportation agencies.

The Contractor shall submit a draft report to the COR for review and comments no later than 2 months of initiation of Contract. The Contractor shall report all of the findings for the work done in Task 2 in the final report.

Task 3 Develop a research plan with validation sites

Based on the findings from Task 2, the Contractor shall develop a detailed research plan to test and evaluate available practical and promising NDE technologies for mapping buried utilities.

The plan shall include consideration of lab-based and field-based approaches to validate the efficacy of the technologies and a recommendation of why one is preferred over the other. The testing plan shall also include a representative variety of utility materials (concrete, steel, plastic, etc), site soil, geology, environmental condition, and pipe sizes and depths.

The Contractor shall submit the detailed research plan to the COR for review and approval no later than 6 months of initiation of Contract. The Contractor shall include all of the work done for Task 3 in the final report.

Task 4 Conduct testing on the validation sites

The Contractor shall use the research plan developed and approved by COR in Tasks 3 to test and evaluate NDE technologies identified in Task 2 for mapping buried utilities using validations sites identified in Task 3.

The Contractor shall document the ease of use, speed, and challenges; types and quality of data (i.e., resolution) being collected; methodologies for data analysis, storing, and visualization being used for each technology. The Contractor shall make recommendation for the proper selection and application of NDE technologies for achieving QL-A and QL-B.

Once testing has been completed, the Contractor shall submit the summary Task 4 report to the COR no later than 9 months of initiation of Contract. The Contractor shall report all of the findings for the work done for Task 4 in the final report.

Task 5 Field validation

The Contractor should identify up to three sites in coordination with the COR and appropriate State Department of Transportations or local jurisdictions to initiate the field validation. Once the sites are identified, the Contractor shall provide a detailed test plan for each site to the COR within no later than 10 months of initiation of Contract. Upon approval of the plan, the Contractor shall initiate the field-testing using those sensor technologies that had merits during the laboratory-testing phase in Task 4.

The Contractor shall prepare detailed documentation of field testing including the ease of use, speed, and challenges; types and quality of data (i.e., resolution) being collected; methodologies for data analysis, storing, and visualization being used to provide actionable and intelligent information to the end users by each technology.

Once testing have been completed, the Contractor shall submit the summary Task 5 report to the COR, including discussion about the correlation between the laboratory and field testing, no later than 12 months of initiation of Contract. The Contractor shall report all of the findings for the work done for Task 5 in the final report.

Task 6 Final Report, TechBrief and Presentation

The Contractor shall prepare a draft final report and draft TechBrief describing all of the work completed in the aforementioned Tasks. The draft report and draft TechBrief must be approved by the COR and shall meet all of the requirements of FHWA’s Communications Reference Guide. The draft report and draft TechBrief shall be submitted in electronic format (in Microsoft WORD format) to the COR for approval within 2 months (14 months from the effective date of the Contract) after the completion of Task 5. The COR will have 1 month to review the draft report and draft TechBrief. After receiving any comments from the COR, the Contractor shall submit the final report and final TechBrief to the COR within 1 month (16 months from the effective date of the Contract) of receipt of comments from the COR.

The Contractor shall market the report and implement its findings to various user groups (managers, utility owners, researchers, etc) through presentations at conferences, publications and webinars. The Contractor shall provide FHWA a copy of all presentations prior to marketing. The final report and TechBrief shall be published within 22 months from the effective date of the Contract.

Optional Task 7 NDE Web Manual

The FHWA NDE Web Manual is a data repository of NDE technologies. It is an innovative web-based tool that assists end users with proper selection of NDE technology (or technologies) for a specific problem. The user can generate dynamic reports based on the user selection and implementing changes suggested by the user. The NDE Web Manual was conceived and developed to fill in a critical knowledge gap between the practitioners and the researchers.

The Contractor shall create technical content for proper selection and application of NDE techniques for achieving QL-A and QL-B data for underground utility mapping as a part of the FHWA NDE Web Manual. The Contractor shall develop glossary terms, acronym and abbreviations for underground utility mapping applications. The Contractor shall submit the draft material in electronic format (in Microsoft WORD format) to the COR no later than 4 months of initiation of this Task. The COR has 14 days to review the draft content. After addressing any comments from the COR, the Contractor shall submit the final document to the COR within 14 days of receipt of comments from the COR.

Task 8 Quarterly Progress Reports

The Contractor shall submit progress reports to the COR and Contract Specialist/Contracting Officer (CS/CO). These reports shall be prepared on a quarterly basis and submitted by the 15th of the month following the reporting period. The reports shall include the following items:

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

b) A clear and complete account of the work performed each month.

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

d) A tabulation of the current and cumulative costs expended by month versus budgeted costs.

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, and as appropriate, the item identification, quantity of items, and notice of partial or final delivery.

SECTION E - Inspection and Acceptance

E.1 ACCEPTANCE

All work hereunder shall be subject to review by the Government. The 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 stated elsewhere, the COR will have 14 calendar days to review draft deliverables and make comments. Unless stated elsewhere, the Contractor shall have 14 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.

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

52.246-5 Inspection of Services - Cost-Reimbursement (APR 1984)

SECTION F - Deliveries or Performance

F.1 PERIOD OF PERFORMANCE

All work and services required under this Contract shall be completed on or before 22 months from the effective date of the Contract. There is an additional 6 months for FHWA’s publications process. There are no option periods under the contract.

F.2 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 earlier, unless otherwise specified by the COR. Electronic submission shall be made via email, unless otherwise agreed to by the COR.

F.3 DELIVERABLE/DELIVERY SUMMARY

Deliverable Frequency

Compliant Yes/NO

Medium/Format Submit To

Due Date

Kick-Off Meeting and Written Summary

Once through the period of performance

No PDF COR Kick-Off meeting within 1 month (30 days) and Written Summary within 7 days following Kick-Off meeting.

Summary Task 2 report

Once through the period of performance

No

PDF

COR

2 months from effective date of the Contract.

Summary Task 3 report

Once through the period of

No PDF

6 months effective date of the Contract.

Summary Task 4 report

Once through the

9 months effective

Compliant performance date of the Contract.

Detailed test plans

Once through the period of

10 months effective date of the Contract.

Summary Task 5 report

Once through the period of

12 months effective date of the Contract.

Draft Report and TechBrief

Once through the period of

No Microsoft Word

14 months effective date of the Contract.

Final Report and TechBrief

Once through the yes

PDF

COR, CS

16 months from the effective date of the Contract.

National webinar

Once through the period of performance

No PowerPoint presentation

COR 16 months from the effective date of the Contract.

FHWA

published report and TechBrief

Once at the end of project

Yes

PDF COR 22 months from the effective date of the Contract.

Optional NDE Web Manual

Once through the period of performance

Yes Draft - Microsoft Word Final - PDF

COR Draft Manual- 4 months from initiation of Task. Final Manual-within 14 days of COR’s comments.

Compliant

Progress Report

Quarterly No Microsoft Word COR, CS On or before the 15th day of the month following the quarter being reported.

F.4 PLACE OF DELIVERY

All deliverables be delivered to the COR at the following address:

Fill-in at Award

The quarterly progress reports shall also be delivered to the COR/CS/CO at the following address:

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

F.5 PLACE OF PERFORMANCE

The work to be performed under this Contract shall be performed at the Contractor’s facility unless otherwise stated in Section C.

F.6 52.242-15 Stop-Work Order (AUG 1989)

F.7 52.242-17 Government Delay of Work (APR 1984)

F.8 52.247-34 F.O.B. Destination (NOV 1991)

SECTION G - Contract Administration Data

G.1 PAYMENT

Payment of the prices delineated in Section B.2 to be made after FHWA acceptance in writing, of the deliverables and receipt of a proper invoice.

G.2 TRAVEL AND PER DIEM

Travel (other than local) may be expected to occur throughout the duration of the Contract and shall be approved in advance by the COR in writing.

The Contractor shall invoice in accordance with Federal Acquisition Regulation (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 Contracting Officer.

The following website 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:

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

Any future change or revision to the 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.4 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 http://www.gsa.gov/portal/category/100120

(3) Name of your Company/Organization

(4) Attention: Contract Specialist/Contracting Officer

Example: Invoice No. 35 – 693JJ320XXXX – Contractor Name – Attention: Contract Specialist/Contracting Officer

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/Contracting Officer 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: Contract Specialist/Contracting Officer

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

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 has designated [Fill-in at Award] as the Contracting Officer’s Representative (COR) for this award. 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 will 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.

(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 causing the Contractor to stop work; or

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

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

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

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

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 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 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 Project Manager 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.

G.8 PHYSICAL SECURITY

The Contractor shall be responsible for safeguarding all government equipment, information, and property provided for Contractor use. If performing in a government facility At the close of each work period, government facilities, equipment, and materials shall be secured.

G.9 FEDERAL HOLIDAYS AND CLOSURES

The DOT offices are closed for the following Federal holidays and occasionally during other designated periods. Contractors who work at the DOT or other Government facilities will not be able to perform activities onsite on these days or during those periods designated for closure:

New Year's Day Labor Day Martin Luther King Jr’s Birthday Columbus Day Washington’s Birthday Veterans Day Memorial Day Thanksgiving Day Independence Day Christmas Day

When any such day falls on a Saturday, the preceding Friday is observed; when any such day falls on Sunday, the following Monday is observed.

Government closures may occur during the contract performance period as a result of Executive Order, Office of Personnel Management direction or other form of Federal proclamation. These closures are often due to inclement weather, potentially hazardous conditions or other special circumstances. Closure or delays of this nature during the performance period do not entitle the Contractor to additional compensation or to an automatic period of performance extension.

G.10 TELEWORK

The Contractor’s personnel performing work on-site may telework from their homes or the Contractor’s facility, in the event of closure of the Government’s office(s), or if approved by both the COR and the Contractor for regular telework days. However, no teleworking shall be permitted, unless the Contractor has its own telework policy in place.

G.11 RESTRICTIONS AND STANDARDS OF CONDUCT

The Contractor's employees shall conduct only business covered by this Contract during periods paid for by the FHWA and shall not conduct any other business on Government premises.

Contractor personnel shall abide by the normal rules and regulations applicable to the DOT premises, including any applicable safety and security regulations.

G.12 LIABILITY

The Government cannot indemnify the Contractor or its Subcontractor(s) 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.

SECTION H - Special Contract Requirements

H.1 PROCUREMENT AUTHORITY

The Federal Highway Administration, Office of Acquisition and Grants Management, 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 REQUIREMENTS FOR IMPLEMENTING SECTION 508 STANDARDS

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.4 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 https://www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-ict-refresh/final-rule https://www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-ict-refresh/final-rule https://section508.gov/ 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/.

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.5 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.6 HOMELAND SECURITY PRESIDENTIAL DIRECTIVE-12 (HSPD-

12) (AUGUST 2004)

Homeland Security Presidential Directive-12 was issued in response to the general threat of unauthorized persons gaining access to federal facilities and information systems. HSPD-12 requires all Federal agencies to use a common Personal Identity Verification (PIV) standard when identifying and issuing access rights to users of Federally-controlled facilities and/or http://www.cpars.gov/

Federal Information Systems.

To perform the work specified herein, Contractor personnel will require access to sensitive data, regular access to USDOT-controlled facilities and/or access to USDOT information systems.

The Government has determined the position risk/sensitivity level under this effort to be low risk/non-sensitive.

Accordingly, before any individual may obtain a USDOT identification card (new or replacement) authorizing him/her routine access to USDOT facilities, or logical access to USDOT's information systems, the individual must provide two forms of identity source documents in original form. One identity source document must be a valid Federal or state government issued picture identification card. USDOT Contractors must contact the USDOT servicing security organization to obtain the list of acceptable forms of documentation.

Submission of these documents, and related background checks, are mandatory in order for the Contractor to receive a building access identification card, and before access will be granted to any of USDOT's information systems. Identification documents must be presented again in order to receive the card after it is manufactured. USDOT identification cards are government property and must be returned when access to government facilities or information systems is no longer authorized, e.g., upon termination of employment, upon the Contractor's reassignment of the employee to a non-USDOT project, upon termination of the contract, or upon demand by USDOT.

The minimum Government investigation for a low risk or non-sensitive position is a National Agency Check and Inquiries (with fingerprinting), which consists of searches of records covering specific areas of a person's background during the past five (5) years. Those inquiries are sent to current and past employers, schools attended, references, and local law enforcement authorities. Higher level positions, above low risk/non-sensitive, require more extensive documentation and investigation.

Contractors should ensure that the employees whose names they submit have a reasonable chance for access approval. Delays associated with rejections and consequent reinvestigations may not be excusable.

The Contractor must comply with all applicable HSPD-12 and PIV procedures, as described above, and any subsequent USDOT or government-wide HSPD-12 and PIV procedures/policies, including any subsequent related USDOT directives and required procedures.

In the event of inconsistencies between this clause and later issued agency or government wide HSPD-12 guidance, the most recently issued guidance shall take precedence, unless otherwise instructed by the Contracting Officer.

The Contractor is required to include this clause in any subcontracts that require the Subcontractor or Subcontractor employee to have routine physical access to USDOT space or logical access to a USDOT information system.

H.7 PERSONALLY IDENTIFIABLE INFORMATION NOTIFICATION

REQUIREMENT

The Contractor shall have in place procedures and the capability to promptly notify any individual whose Sensitive PII was, or is reasonably believed to have been, breached, as determined appropriate. The method and content of any notification by the Contractor shall be coordinated with, and subject to the prior approval of the Government, based upon a risk-based analysis conducted by DOT in accordance with DOT Privacy Incident Handling Guidance. Notification shall not proceed unless DOT has determined that: (1) notification is appropriate; and (2) would not impede a law enforcement investigation or jeopardize national security.

Subject to Government analysis of the breach and the terms of its instructions to the Contractor regarding any resulting breach notification, a method of notification may include letters to affected individuals sent by first class mail, electronic means, or general public notice, as approved by DOT. At minimum, a notification should include: (1) a brief description of how the breach occurred; (2) a description of the types of personal information involved in the breach; (3) a statement as to whether the information was encrypted or protected by other means; (4) steps an individual may take to protect themselves; (5) what the agency is doing, if anything, to investigate the breach, to mitigate losses, and to protect against any further breaches; and (6) point of contact information identifying who affected individuals may contact for further information.

In the event that a Sensitive PII breach occurs as a result of the violation by the Contractor or its employees, the Contractor shall, as directed by the contracting officer and at no cost to DOT, take timely action to correct or mitigate the violation, which may include providing notification and/or other identity protection services to affected individuals for a period not to exceed 12 months from discovery of the breach. Should DOT elect to provide and/or procure notification or identity protection services in response to a breach, the Contractor will be responsible for reimbursing DOT for those expenses.

H.8 INDEMINITIES

The Contractor shall defend and indemnify DOT against any “Indemnified Claim,” meaning any third party claim, suit or proceeding arising out of or related to, or alleging: (i) infringement of any patent, copyright, trade secret or other intellectual property right by the System; (ii) injury to or death of any individual, or any loss of or damage to real or tangible personal property,…