693JJ320R000029.pdf

693JJ320R000029

SOLICITATION, OFFER AND AWARD

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

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

ORDER UNDER DPAS (15 CFR 700)

6. REQUISITION/PURCHASE NUMBER

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

NEGOTIATED (RFP)

SEALED BID (IFB)

5. DATE ISSUED

1. THIS CONTRACT IS A RATED RATING PAGE OF PAGES

1 46

C. E-MAIL ADDRESS

EXT.NUMBERAREA CODE

B. TELEPHONE (NO COLLECT CALLS)A. NAME

10. FOR

INFORMATION

CALL:

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

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

SOLICITATION

9. Sealed offers in original and

PART IV - REPRESENTATIONS AND INSTRUCTIONS

OTHER STATEMENTS OF OFFERORS

EVALUATION FACTORS FOR AWARD

INSTRS., CONDS., AND NOTICES TO OFFERORS

REPRESENTATIONS, CERTIFICATIONS AND

LIST OF ATTACHMENTS

CONTRACT CLAUSES

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

I

J

K

L

M SPECIAL CONTRACT REQUIREMENTS

CONTRACT ADMINISTRATION DATA

DELIVERIES OR PERFORMANCE

INSPECTION AND ACCEPTANCE

PACKAGING AND MARKING

DESCRIPTION/SPECS./WORK STATEMENT

SUPPLIES OR SERVICES AND PRICES/COSTS

SOLICITATION/CONTRACT FORM

PART II - CONTRACT CLAUSESPART I - THE SCHEDULE

H

G

F

E

D

C

B

A

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

11. TABLE OF CONTENTS

18. OFFER DATE17. SIGNATURE

SUCH ADDRESS IN SCHEDULE.

IS DIFFERENT FROM ABOVE - ENTER

15C. CHECK IF REMITTANCE ADDRESS

EXT.NUMBERAREA CODE

15B. TELEPHONE NUMBER

(Type or print)AND

ADDRESS

OF

OFFEROR

CODE FACILITY

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

DATEAMENDMENT NO.DATEAMENDMENT NO.

and related documents numbered and dated):

amendments to the SOLICITATION for offerors

(The offeror acknowledges receipt of

14. ACKNOWLEDGEMENT OF AMENDMENTS

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

(See Section I, Clause No. 52.232.8)

13. DISCOUNT FOR PROMPT PAYMENT

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

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

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

OFFER (Must be fully completed by offeror)

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

28. AWARD DATE

(Signature of Contracting Officer)

27. UNITED STATES OF AMERICA

25. PAYMENT WILL BE MADE BY

26. NAME OF CONTRACTING OFFICER (Type or print)

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

ITEM

(4 copies unless otherwise specified)

23. SUBMIT INVOICES TO ADDRESS SHOWN IN

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

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

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

AWARD (To be completed by government)

CODE

07/17/2020 X

693JJ3

FEDERAL HIGHWAY ADMINISTRATION

OFC OF ACQUISITION AND GRANTS MGMT

1200 NEW JERSEY AVE., SE

WASHINGTON DC 20590

1200 ET 08/17/2020

Hector Santamaria hector.santamaria@dot.gov

X

X

X

X

X

X

X

X

X

X

X

X

X

PAGE(S)

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition is unusable

STANDARD FORM 33 (Rev. 9-97)

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

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

HIN200020PR

See Section L

See Section L ffff

SECTION B - SUPPLIES OR SERVICES/PRICES

B.1 CONTRACT SUMMARY

The Contractor shall furnish all equipment, travel, materials and personnel necessary to provide the Federal Highway Administration (FHWA) with non-personal technical support for “AASHTO MASH Testing for Safety Hardware Devices Used on Off-NHS Roadways”, as described in Section C below.

The Government intends to award one (1) Firm Fixed Price contract.

B.2 SCHEDULE OF SERVICES

See Table 1 below for Schedule of Services. The Government intends to award Schedule A for the development and use of a critical matrix of crash tests, which may or may not include all tests in Table 2.

NOTE TO OFFERORS: It is the Offeror’s responsibility to propose on Schedule A the number of tests deemed necessary and technically acceptable (using a critical matrix) to meet the requirements and objectives of this Contract. Options X, Y, and Z, if exercised in any combination, include any additional crash tests in Table 2 that the offeror did not included in the critical matrix of Schedule A.

NOTE TO OFFERORS: Price proposals shall adhere to the pricing structure established in Table 1 below and instructions in Section L. Offerors are to propose the price deemed realistic and necessary to complete the requirements. The price must be commensurate to the proposed technical approach. The schedule of services (and thus, scope of work) is divided in Schedule A and options. The Offeror is to provide a price for each task/option using Table 1 below.

NOTE TO OFFERORS: See FAR 52.217-4, Evaluation of Options Exercised at Time of Contract Award. This solicitation includes options that may be exercised at the time of contract award.

*NOTE: Schedule A assumes one (1) test plan for each device, utilizing a critical crash test matrix outlining, testing, and analysis methodology that will be pre-approved by FHWA in advance of any testing. Thus, under Schedule A the Contractor shall provide a total of three (3) test plans.

TABLE 1 – SCHEDULE OF SERVICES

Bid Schedule Task Unit Price

Unit Quantity

Task Subtotal

(Unit Price x Unit

Quantity)

TOTALS

Base Schedule A

SBT System Utilizing Critical Crash Test Matrix Methodology*

A. Testing Plans* $ 3

1. SBT Guardrail

Analysis, Interim Report & Testing

2. SBT Terminal

Analysis, Interim Report & Testing

3. SBT Transition Analysis, Interim Report & Testing

B. Presentation** $ 1 $

C. Documentation & Report** $ 1 $

Subtotal for Base Schedule A $

Option X

SBT

Guardrail

FHWA

Eligibility Letter***

A. SBT Guardrail Additional Testing $ $

$ B. FHWA Eligibility Letter Documentation $ 1 $

Option Y

SBT

Terminal

FHWA

Eligibility Letter***

A. SBT Terminal Additional Testing $ $

$ B. FHWA Eligibility Letter Documentation $ 1 $

Option Z

SBT

Transition

FHWA

Eligibility Letter***

A. SBT Transition Additional Testing $ $

$ B. FHWA Eligibility Letter Documentation $ 1 $

TOTAL VALUE (Schedule A + Options) $

Refer to Table 2 for clarification of Safety Hardware Device details and potential MASH Tests.

** NOTE: If Option X, Y, and/or Z is exercised, the Presentation and Documentation deliverables shall account for any additional testing and analysis as a result of an option being exercised. Thus, if an option is exercised, the presentation and report shall be cumulative of all work, testing, and analysis performed.

*** NOTE: Schedule A assumes the development and use of a critical matrix of crash tests, which may or may not include all tests in Table 2. It is the Offeror’s responsibility to propose on Schedule A the number of tests deemed necessary and technically acceptable (using a critical matrix) to meet the requirements and objectives of this Contract. Any additional tests (not included in Schedule A) will be considered under Option(s) X, Y and/or Z. Options X, Y, and Z include any additional required MASH testing for each respective device not conducted under Schedule A. All MASH required testing and documentation will be necessary to submit for an FHWA Eligibility Letter.

The offeror shall submit prices for each item in Schedule A and Options X, Y, and Z.

SECTION C - DESCRIPTION/SPECIFICATIONS

C.1 BACKGROUND

The FHWA has a need for a Contractor to perform crash testing on safety hardware devices.

FHWA is transitioning to the latest crash test criteria for road safety hardware. This means transitioning from the National Cooperative Highway Research Program (NCHRP) Report 350 Recommended Procedures for the Safety Performance Evaluation of Highway Features to the American Association of State Highway Transportation Officials (AASHTO) Manual for Assessing Safety Hardware (MASH) methods. The goal of this effort is to make off- National Highway System (NHS) roads and highways as safe as possible, in part by accelerating the move to newer crash test criteria for Steel-Backed Timber roadway safety hardware devices.

In 2018, 36,560 people died on our nation’s highways. Of those, an estimated 55-60% died on off- NHS roadways. More than 70% of the vehicles involved in these off-NHS fatal crashes were driving on rural, two lane highways with posted speeds of 55 mph or less. A high percentage of these crashes are attributable to run off the road departures. Local governments, tribes and Federal Land Management Agencies (FLMA), the primary off-NHS owners, use combinations of road safety devices to prevent vehicles from colliding with dangerous obstacles such as trees, mountain sides, or traversing steep (non- recoverable) slopes or entering deep water.

The impact conditions of roadside safety hardware vary as a function of site and traffic characteristics. Local agencies, tribes and FLMAs are often faced with constrained right of way, the need for aesthetic design and limited view shed obstructions, difficult geometry, frequent access points, compatibility with non-motorized users and low maintenance budgets. The same vehicles that increased in size and bumper height on the NHS also use this system. Therefore, hardware crashworthiness is of upmost concern considering the high number of run off the road fatalities off the NHS and necessitates the need for MASH testing for hardware not typically used on the NHS.

MASH is an update to and supersedes NCHRP Report 350 for the purposes of evaluating new safety hardware devices. An implementation plan for MASH that was adopted jointly by AASHTO and FHWA states that highway safety hardware accepted prior to the adoption of MASH – using criteria contained in NCHRP Report 350 – may remain in place. However, on the NHS, only safety hardware evaluated using MASH will be allowed for new installations.

This project proposes to follow AASHTO 2016 MASH to crash test and document a Steel-Backed Timber roadway barrier, transition, and terminal common to the off- NHS system. This MASH testing will provide additional crashworthy alternative systems for local, federal, and tribal agencies and decrease occupant risk if they impact a device that meets current crash test standards.

Upon completion of successful crash testing of the three safety hardware devices the FHWA will share the MASH test results and the standard details with the transportation community.

C.2 OBJECTIVE

The goal of this project is to crash test and evaluate the impact performance of safety hardware devices used, or that will be used, off the NHS by Federal Land Management Agencies, counties and cities, and Tribal Nations when cost, maintenance and compatibility with the local setting is important. These tests are to determine that these safety hardware devices meet safety performance criteria set forth under MASH Test Level criteria as shown in Table 2 below.

C.3 SCOPE

The Contractor shall furnish all necessary labor, materials, facilities, and supervision to perform all technical, non-personal services necessary.

For each of the safety hardware devices identified in Table 2, the Contractor shall coordinate with an approved testing facility to at least fabricate the test safety hardware devices, procure test vehicle(s), conduct physical crash testing, and return the crash site to an acceptable condition to the testing facility.

The crash testing will be conducted following criteria from the AASHTO 2016 MASH. Upon completion of successful crash testing of each safety hardware device identified in Table 1, the Contractor will analyze results, and submit the findings to the Contracting Officer Representative

(COR).

The parameters of the tests must be provided in specific detail, such that the tests performed can be replicated, and the results of the crash tests will be accurate and reliable.

NOTE: The tests and safety hardware devices to be tested are shown in Table 2. Schedule A assumes development and use of a critical matrix of crash tests, which may or may not include all tests in Table 2. Options X, Y, and Z would include any additional crash tests in Table 2 that were not included in the critical matrix of Schedule A.

Standard Details are available at: https://flh.fhwa.dot.gov/resources/standard/.

https://flh.fhwa.dot.gov/resources/standard/

TABLE 2 – STEEL-BACKED TIMBER SYSTEM (SBT) POSSIBLE TESTS

MASH

Test No.

Device

Safety Hardware Device Description Standard

Detail Designation

3-10

SBT

Guardrail

Steel-Backed Timber Guardrail Type A & Type B.

https://flh.fhwa.dot.gov/resources/standard/cfl/f p14/C617-60.pdf

The Type A configuration is to be tested.

CFLHD C617-

3-11

2-30

SBT

Terminal

TL-2 End Terminal for Steel-Backed Timber Guardrail.

https://flh.fhwa.dot.gov/resources/standard/cfl/f p14/C617-69.pdf

NOTE: A Finite Element Model (FEM) file for this End Terminal is attached to Solicitation.

CFLHD C617-

2-31 2-32 2-33 2-34 2-35 2-36

3-20

SBT

Transition

Steel-Backed Timber Guardrail TL-3 Transition to Straight or Curved-End Structure.

https://flh.fhwa.dot.gov/resources/standard/efl/ pdf/ET617-67.pdf

EFLHD ET

617-67 3-21

NOTE: The hyperlinks above in Table 2 include the detailed construction and installation drawings for each of the systems that are required to be investigated and tested.

C.4 DETAILED REQUIREMENT

TASKS

Task 1 – Project Kick-off and Finalize the Testing Plans

Within 30 days after award, the Contractor shall organize and host a virtual Project Kick-off meeting to introduce the Contractor’s team. The Contractor key personnel shall attend the meeting. The Contractor shall present a proposed plan for conducting this research effort. The FHWA Contracting Officer’s Representative (COR) and other FHWA technical staff will attend.

At the meeting, the Contractor shall discuss its proposed Plan(s) and steps shown for the systematic analysis and testing of the three safety hardware devices shown in Schedule A in Table 1. The FHWA team will provide comments on each Plan and the testing schedules. Within 10 days after the Kick-off meeting, the Contractor shall submit a final Plan that addresses FHWA’s comments and include a milestone schedule with deliverable dates. This final Testing Plan shall be included in the Final Report.

https://flh.fhwa.dot.gov/resources/standard/cfl/fp14/C617-60.pdf https://flh.fhwa.dot.gov/resources/standard/cfl/fp14/C617-60.pdf https://flh.fhwa.dot.gov/resources/standard/cfl/fp14/C617-69.pdf https://flh.fhwa.dot.gov/resources/standard/cfl/fp14/C617-69.pdf https://flh.fhwa.dot.gov/resources/standard/efl/pdf/ET617-67.pdf https://flh.fhwa.dot.gov/resources/standard/efl/pdf/ET617-67.pdf

Task 2 – Conduct the Testing Plan

The Contractor shall follow the steps and schedule as shown in the final Testing Plan. The Contractor shall deliver and discuss the pre-testing analysis and crash test matrix. Once testing is initiated, the Contractor shall provide a short email to the COR after each test stating the test was conducted and an estimate of whether the device passed the appropriate criteria.

The Contractor shall develop or use existing (See Attachment J.4) FEM for each of the safety hardware devices listed in the Table 2, and perform finite element analyses (FEA) for each device to determine and predict the MASH impact performance.

NOTE: As an alternative to FEM and FEA, or used in combination with FEM and FEA, the Contractor shall document other data, information, or crash tests for similar devices such as the Merritt Parkway SBT Barrier on which professional judgement decisions were or can be based.

Items to consider shall include:

a. Height of devices: Would the three devices be likely to pass at the designed height of 27 inches (preferred by FHWA partners), or should height be increased, such as 31 inches?

b. For the transition:

• Rub rail

• Curb

• Straight or curved-end concrete

The Contractor shall provide recommendations and rationale for design modifications that would increase their likelihood to pass and develop a recommended critical testing matrix for each of the three devices. The critical matrix shall provide recommendations for each test on whether to proceed with its full-scale test, or to not conduct the test based on data and information that indicate a particular test is not applicable or necessary.

The Contractor shall deliver to the COR an interim report(s) summarizing the FEA and/or professional judgement results. The report shall summarize each device analyses and suggested design modifications to increase likelihood of meeting MASH criteria. The recommended critical matrix will be included in this report(s).

For each of the safety hardware devices identified in Table 2, the Contractor shall coordinate with an approved testing facility to at least fabricate the test safety hardware devices, procure test vehicle(s), conduct physical crash testing, and return the crash site to an acceptable condition to the testing facility.

The Contractor shall construct the safety hardware devices for each test. The Contractor shall crash test the safety hardware devices in accordance with the agreed-upon critical testing matrix. The Contractor shall provide a short email after each test stating the test was conducted and an estimate of whether the device passed the appropriate criteria.

NOTE: Should a test fail, the Contractor shall suspend further testing and submit a revised testing plan, in coordination with the COR, to show modified safety hardware that would be likely to successfully pass the MASH testing. For each unsuccessful crash test, the Contractor shall prepare a brief summary of the test along with an evaluation of failure mechanisms along with recommendations for changes which could be made to the safety hardware devices to increase the likelihood of a successful crash test.

Task 3 – Presentation

Task 3a. Draft Presentation The Contractor shall prepare and present, via webinar, a PowerPoint Presentation with talking note materials, including crash test videos, graphical results, conclusions, and recommendations. A draft PowerPoint Presentation shall be submitted no later than 60 days prior to the end date of the contract. The FHWA will review and provide comments and feedback within 15 days of receipt of the PowerPoint Presentation.

Task 3.b Final Presentation The Contractor shall address FHWA’s comments on the draft presentation and submit a final revision of the Power Point Presentation within 30 days to address comments, make revisions, and conduct the presentation in a webinar at the last Quarterly Interim Meeting.

NOTE TO OFFERORS: If Option X, Y, and/or Z is exercised, the Presentation and Documentation deliverables shall account for any additional testing and analysis as a result of an option being exercised. Thus, if an option is exercised, the presentation and report shall be cumulative of all work, testing, and analysis performed.

Task 4 – Final Report The Contractor shall submit a final report, inclusive of all crash test videos. The final report shall include an evaluation of whether the safety hardware devices met all MASH criteria. The Contractor shall also deliver a DVD or electronic link to the FHWA of each crash test video, and if used, the FEM file.

If the testing was unsuccessful for any device, the Contractor shall prepare a final report on all aspects of the testing with an analysis of design problems and recommendation on how to overcome these issues.

NOTE: If Option X, Y, and/or Z is exercised, the Contractor shall provide the necessary documentation to deliver to FHWA Office of Safety for requesting an eligibility letter.

Draft Final Report The Contractor shall submit a draft Final Report, in electronic format, summarizing the results and recommendations. The draft final report shall be submitted no later than 45 days prior to the end date of the contract. The FHWA will review and provide comments and feedback within 15 days of receipt of the draft final report.

Task Final Report The Contractor shall submit the Final Report within 30 days to address the comments, questions, make revisions, and present it at the Closeout Meeting.

NOTE TO OFFERORS: If Option X, Y, and/or Z is exercised, the Presentation and Documentation deliverables shall account for any additional testing and analysis as a result of an option being exercised. Thus, if an option is exercised, the presentation and report shall be cumulative of all work, testing, and analysis performed.

G.5 GENERAL REQUIREMENTS

G.5.1 FACILITY REQUIREMENT

Due to the nature of this study, all laboratories that perform crash testing for acceptance of roadside safety hardware shall be accredited under ISO/IEC 17025:2005 General Requirements for the Competence of Testing and Calibration Laboratories. Additionally, as required under ISO/IEC17025:2005, laboratories must show past experience in MASH09 or MASH16 crash testing. Laboratories must also show past experience with detailed FEA for guardrails, end terminals, and transitions.

NOTE TO OFFERORS: The offeror’s team must include at least one individual who is knowledgeable and experienced in performing current MASH testing. The proposal must demonstrate this requirement is met.

NOTE TO OFFERORS: Offerors are to propose a Testing Plan that outlines, at a minimum, the steps shown below for the systematic testing of the safety hardware devices shown in Table 2. Use the basic MASH Test Level criteria as shown in Table 2.

The Federal Register 72 FR 54210 Crash Test Laboratory Requirements for FHWA Roadside Safety Hardware Acceptance https://www.federalregister.gov/documents/2007/09/24/E7- 18725/crash-test-laboratory- requirements-for-fhwa-roadside-safety-hardware-acceptance amended 23 CFR 637.209 Laboratory and Sampling and Testing Personnel Qualifications to add 23 CFR 637.209(a)(5).

G.5.2 DATA OWNERSHIP

The FHWA secures full rights to the crash testing data. Offeror shall give the FHWA copies of all the data. All data provided by the Offeror shall be available for full use by the FHWA.

The Contractor shall request prior approval from the COR before sharing the results of these tests with any other entity other than FHWA. The FHWA may share this data without restriction with external partners such as other Federal Land Management Agencies, Tribal Nations, state and local agencies, metropolitan planning organizations, universities, and consultants.

G.5.3 TECHNICAL REPORTS

All non-standard fonts used in documents must be supplied on a disk so the document will print as it appeared on the Contractor’s equipment. Files must be included in the programs of origin, https://www.federalregister.gov/documents/2007/09/24/E7-18725/crash-test-laboratory-requirements-for-fhwa-roadside-safety-hardware-acceptance https://www.federalregister.gov/documents/2007/09/24/E7-18725/crash-test-laboratory-requirements-for-fhwa-roadside-safety-hardware-acceptance https://www.federalregister.gov/documents/2007/09/24/E7-18725/crash-test-laboratory-requirements-for-fhwa-roadside-safety-hardware-acceptance https://www.federalregister.gov/documents/2007/09/24/E7-18725/crash-test-laboratory-requirements-for-fhwa-roadside-safety-hardware-acceptance such as MS Word, PowerPoint, Excel, etc., so these files can be modified or corrected and re-imported into the full text document. Graphics should be created as separate elements and imported into the text file. An electronic file of each imported graphic shall be delivered. Graphics must be produced in a program that can export an interchange file format that can be imported into the full text. Photos must be in TIF or EPS (GIF and JPEG are acceptable for electronic publishing) with on-screen preview and with line screen appropriate for printing. Files should be provided in a recommended manageable size of 10 Mb or less.

Except as specified in this section for contract-level reports, all reports and other data items required for each individual task will be defined at the task level. Contract-level reports incorporate all issued task, performance and problems, and are required in accordance with the requirements specified herein.

All deliverables for posting on the World Wide Web must conform with the Minimum Requirements for FHWA Web Pages (http://www.fhwa.dot.gov/wpcz/minimum.htm).

Deliverables will be evaluated for Section 508 compliance. Non-conforming deliverables will be returned to the Contractor to be brought into conformance at the Contractor’s expense. The Contractor shall provide a report displaying the test results for the Minimum Requirements for FHWA Web Pages and this includes the Section 508 compliance testing of the deliverables.

C.5.4 QUARTERLY PROGRESS REPORTS

The Contractor shall submit an electronic (2016 or higher Microsoft (MS) Office or PDF) progress reports to the COR and the Contract Specialist (CS). These reports shall be prepared on a quarterly basis and submitted by the 10th of the month following the reporting period. The reports shall be in format as directed by the COR and, at a minimum, include the following items:

(a) A clear account of the work performed under each task during the reporting period.

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

(c) Project schedule status based on opinion of the PM, shown as red (major delays and significant impact overall), yellow (slight delay to schedule but minimum impact overall), and green (on schedule).

(d) A description of any problem encountered or anticipated that will affect the completion of any work within the timeframe set, together with recommended solutions to such problems;

or, a statement that no problems were encountered. Also, a description of any identified risks and plan to mitigate risk http://www.fhwa.dot.gov/wpcz/minimum.htm

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.

D.2 SHIPMENT AND MARKING

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.

D.3 F.O.B. POINT

The F.O.B. point for any hard copy submittals and delivered items, unless otherwise directed by the Government shall be:

Federal Highway Administration Attn: COR designated at award

SECTION E - INSPECTION AND ACCEPTANCE

E.1 CLAUSES INCORPORATED BY REFERENCE

This contract incorporates the following clauses by reference with the same force and effect as if they were given in full text.

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

E.2 INSPECTION AND ACCEPTANCE

All work shall be subject to review by the Government. All deliverables will be inspected for content, completeness, accuracy, and conformance to the requirements. Delivery of deliverable items shall not constitute acceptance. The COR is responsible for inspection and acceptance of all deliverables and services.

The Government requires a period not to exceed thirty (30) calendar days after receipt of final deliverable items for inspection and acceptance or rejection, unless otherwise specified. For periods exceeding thirty (30) days, it is the responsibility of the Contractor to confirm receipt and acceptance of the deliverable(s)

E.3 ACCEPTANCE CRITERIA

Certification by the COR or CO of satisfactory services provided is contingent upon the Contractor performing in accordance with the terms and conditions of the contract and all modifications.

Deliverable items rejected shall be corrected in accordance with the applicable clauses. Reports, documents and narrative type deliverables will be accepted when all discrepancies, errors or other deficiencies, identified in writing by the Government, have been corrected.

SECTION F - DELIVERIES OR PERFORMANCE

F.1 CLAUSES INCORPORATED BY REFERENCE

This contract incorporates the following clauses by reference with the same force and effect as if they were given in full text.

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

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

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

52.217-6 OPTION FOR INCREASED QUANTITY (MAR 1989)

F.2 PERIOD OF PERFORMANCE

The Government estimates the period of performance not to exceed 30 months from the effective date of the contract.

NOTE: Offerors are to propose the schedule and period of performance deemed realistic and necessary to complete the requirements.

F.3 METHOD OF DELIVERY

Electronic copies shall be delivered using Microsoft (MS) Office suite of tools (for example, MS Word, MS Excel, MS PowerPoint, MS Project, Or MS Access format) version 2016 or later, unless otherwise specified by the COR. Electronic submission shall be made via email, unless otherwise agreed to by the COR.

F.4 DELIVERABLE/DELIVERY SUMMARY

Deliverable

Delivery

Date

Format

Method

Recipient

Task 1 – a) Project Kick-off and b) Finalize the Plan

30 days after

NTP

a) webinar

b) *.docx white paper

a) phone & computer

b) email

CO, COR, &

Advisory Panel

Task 2a – Initiate Plan Four weeks after NTP

Short note

Email CO, COR, &

Task 2 – Full Scale Crash Tests Per Plan *.docx formatted report

Task 3(a) – Presentation Draft

Eight weeks before end of contract

*.pptx slide deck

Task 3(b) – Presentation Final

Four weeks before end of contract

*.pptx slide deck

Phone & computer

CO, COR, &

Task 4(a) Final Report Draft

Eight weeks before end of contract

*.docx

Task 4(b) Final Report and Closeout Meeting

Four weeks before end of contract

*.docx

F.5 PLACE OF DELIVERY

All deliverables shall be delivered to the COR and other staff as instructed by the COR. The quarterly progress reports shall be delivered electronically to the Contract Specialist/Administrator and the COR.

COR:

To be filled at award

Contract Specialist (CS):

To be filled at award

F.6 PLACE OF PERFORMANCE

The Contractor shall perform most the work at the Contractor’s facility.

NOTE: Due to the nature of this study, all laboratories that perform crash testing for acceptance of roadside safety hardware shall be accredited under ISO/IEC 17025:2005 General Requirements for the Competence of Testing and Calibration Laboratories. Additionally, as required under ISO/IEC17025:2005 laboratories must show past experience in MASH09 or MASH16 crash testing. Laboratories must also show past experience with detailed FEA for guardrails, end terminals, and transitions.

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 CONTRACT ADMINISTRATION DATA

The Contractor shall provide sufficient management to ensure that this contract is performed efficiently, accurately, on time, and in compliance with the requirements of this document.

Specifically, the Contractor shall designate a single Program Manager (PM) to oversee this contract and supervise staff assigned to this contract. The Contractor shall provide all personnel, supplies, facilities, transportation, materials, supervision, and other items and non-personal services necessary to meet the requirements.

G.2 CONTRACTING OFFICER’S AUTHORITY

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

G.3 CONTRACTING OFFICER’S REPRESENTATIVE

(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 designates TBD as COR. The COR’s responsibilities shall include technical monitoring of the Contractor’s performance and inspecting and accepting deliveries under the contract.

(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 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 to have been issued without proper authority. The Contractor shall notify the CO 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 three 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.

(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.4 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 and TO.

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 three (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 CO in writing, within three (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.5 SUBCONTRACTS – ADVANCE NOTIFICATION AND CONSENT

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

(a) [APPROVEDSUBCONTRACTORNAME]

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.6 PAYMENT OF FIRM FIXED PRICE

The Contractor may request payment for the firm-fixed price upon the Government’s acceptance of all work. Determination of satisfactory completion and acceptance of the work will be made by the COR.

NOTE: Proportional payments may be made based on an established Milestone Payment Schedule for work performed and accepted. Offerors must include its proposed Milestone Payment Schedule in Volume 2-Price.

Materials costs, including travel expenses, shall be accounted for as part of the proposed firm fixed price. Inclusion of indirect burden amounts on materials, including travel, is not allowable.

G.7 TRAVEL AND PER DIEM

No travel is anticipated during the life of this contract. If the contractor deems that travel is necessary, the Contractor shall be responsible for coordination of travel in support of Government requirements. Travel costs shall be accounted as part of the firm fixed price.

G.8 INVOICES

ELECTRONIC SUBMISSION OF PAYMENT REQUESTS

(a) Definitions. As used in this clause—

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

(2) Payment request means a bill, voucher, invoice, or request for contract financing payment or invoice payment with associated supporting documentation. The payment request must comply with the requirements identified in FAR 32.905(b), “Content of Invoices,” this clause, and the applicable Payment clause included in this contract.

(3) Electronic form means an automated system transmitting information electronically according to the accepted electronic data transmission methods and formats identified in paragraph (c) of this clause. Facsimile, email, and scanned documents are not acceptable electronic forms for submission of payment requests.

(4) Invoice payment has the meaning given in FAR 32.001.

(b) Electronic payment requests. Except as provided in paragraph (e) of this clause, the Contractor shall submit payment requests in electronic form. Purchases paid with a Governmentwide commercial purchase card are considered to be an electronic transaction for purposes of this rule, and therefore no additional electronic invoice submission is required.

(c) The Department of Transportation utilizes the Delphi eInvoicing web-portal for processing invoices. For vendors submitting invoices, and certain grantees submitting payment requests, they will be required to submit invoices via Delphi eInvoicing which is accessed and authenticated via www.login.gov

(d) In order to receive payment and in accordance with the Prompt Payment Act, all invoices submitted as attachments in the Delphi eInvoicing web-portal shall contain the following:

(1) Invoice number and invoice date.

(2) Period of performance covered by invoice.

(3) Contract number and title.

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

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

(6) Total ($) of billing.

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

(8) Name, title, phone number, and mailing address of person to be contacted in the event of a defective invoice.

If the contract includes allowances for travel, all invoices which include charges pertaining to travel expenses will catalog a breakdown of reimbursable expenses with the appropriate receipts to substantiate the travel expenses.

(e) Payment system registration. All persons accessing the Delphi eInvoicing web-portal will be required to have their own unique user Delphi eInvoicing ID and password and be credentialed through login.gov.

(1) Electronic authentication. See www.login.gov for instructions. Click on the following link for instructions on establishing a login.gov account: https://login.gov/help/creating-an-account/how-to-create-an-account/

(2) To create a login.gov account, the user will need a valid email address and a working phone number. The user will create a password and then login.gov will reply with an email confirming the email address.

(3) Agency POC’s will be responsible for communicating with vendor POC’s to initiate the Delphi http://www.login.gov/ https://login.gov/help/creating-an-account/how-to-create-an-account/ https://login.gov/help/creating-an-account/how-to-create-an-account/ eInvoicing account creation process. Vendor POC’s who require access to the eInvoicing web-portal for invoice submission and payment tracking purposes will be required to provide their full name, email address, and current phone number to the agency POC to initiate the Delphi eInvoicing web-portal account. Vendor users and the agency POC will be notified via e-mail when the account is created. The vendor user will be provided detailed instructions for logging into their Delphi eInvoicing account.

If the Vendor has any general questions or issues accessing the iSupplier web-portal, please have them contact the ESC iSupplier helpdesk either at:

• https://einvoice.esc.gov/

• Call Delphi helpdesk at 1-866-641-3500, option #4, then option #3

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

(5) Account Management. Vendors are responsible for contacting the Delphi Help Desk when their firm’s points of contacts will no longer be submitting invoices so they can be removed from the system. Instructions for contacting the Delphi Help Desk can be found at http://einvoice.esc.gov.

• To add new points of contacts, Vendors are to submit the name(s), email address(es) and phone number(s) to HCFA-10@dot.gov

Account Management The Vendor shall contact their COR when POCs leave their organization or will no longer be submitting invoices, with the full name, title, phone number, e-mail address, and user ID of the POC. The user ID will then be removed. If a user ID becomes inactive/times out due no activity by the POC, the Vendor shall contact their COR with the full name, title, phone number, e-mail address, and user ID of the POC to be reactivated. To prevent being timed out due to no-activity, users should login once within 45 days of their last login.

Waivers

The Department of Transportation Financial Management officials may, on a case by case basis, waive the requirement to register and use the DELPHI eInvoicing System. Waiver request forms can be obtained on the DELPHI eInvoicing website (http://www.dot.gov/cfo/delphi-einvoicing-system.html) or by contacting the COR. All Vendors must explain why they are unable to use or access the Internet to register and enter payment requests.

All waiver requests shall be sent via mail to:

Director of the Office of Financial Management US Department of Transportation, B-30 Office of Financial Management, Room W93-431 1200 New Jersey Avenue SE Washington DC 20590-0001 or electronically to: DOTeInvoicing@dot.gov https://einvoice.esc.gov/ http://einvoice.esc.gov/ http://einvoice.esc.gov/ mailto:HCFA-10@dot.gov http://www.dot.gov/cfo/delphi-einvoicing-system.html http://www.dot.gov/cfo/delphi-einvoicing-system.html mailto:DOTeInvoicing@dot.gov

The Director of the DOT Office of Financial Management will confirm or deny the request within approximately 30 days.

If a Vendor is granted a Waiver, Requests for Advance or Reimbursement and required supporting documents, shall be sent via regular U.S. Postal Service to the following address:

Federal Highway Administration Invoice Processing P.O. Box 268865 Oklahoma City, OK 73126-8865 Attention: (Fill-in Name of Contract Specialist)

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

MMAC

FHWA/AMZ-150

6500 MacArthur Blvd.

Oklahoma City, OK 73169 Attention: (Accounting Technician) Express Delivery Point of Contact: Lead Account Technician, 405-954-8252

All invoices, regardless of submission method, must identify the Contract Specialist as the invoicing point of contact.

G.9 REQUIREMENTS FOR IMPLEMENTING SECTION 508 STANDARDS

In addition to the work requirements specified in this statement of work, the Contractor shall ensure that all ICT deliverables meet the requirements of Section 508 of the Rehabilitation Act and the ICT Final Standards and Guidelines (508 Refresh) at 36 CFR Part 1194.

As defined in the 508 Refresh, at 36 CFR Part 1194, Appendix A, E103.4, ICT is “Information technology and other equipment, systems, technologies, or processes, for which the principal function is the creation, manipulation, storage, display, receipt, or transmission of electronic data and information, as well as any associated content. Examples of ICT include, but are not limited to: computers and peripheral equipment; information kiosks and transaction machines; telecommunications equipment; customer premises equipment; multifunction office machines; software; applications; Web sites; videos; and, electronic documents.”

Section 508 requires that all electronic products prepared for the Federal Government be accessible to persons with disabilities, including those with vision, hearing, cognitive, and mobility impairments.

Applicable Standards:

• Appendix A to Part 1194 – Section 508 of the Rehabilitation Act: Application and Scoping Requirements

• Appendix B to Part 1194 – Section 255 of the Communications Act: Application and Scoping Requirements

• Appendix C to Part 1194 – Functional Performance Criteria and Technical Requirements https://www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-ict-refresh/final-rule/text-of-the-standards-and-guidelines#appendix-a https://www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-ict-refresh/final-rule/text-of-the-standards-and-guidelines#appendix-a https://www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-ict-refresh/final-rule/text-of-the-standards-and-guidelines#appendix-b https://www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-ict-refresh/final-rule/text-of-the-standards-and-guidelines#appendix-b https://www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-ict-refresh/final-rule/text-of-the-standards-and-guidelines#appendix-c https://www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-ict-refresh/final-rule/text-of-the-standards-and-guidelines#appendix-c

Section 508 Refresh standards are available at https://www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-ict-refresh.

The Contractor shall adhere to the terms and requirements in FHWA Form 4260 Section 508 Information and Communication Technology (ICT) Conformance Criteria for Section 508 conformance. The Conformance Criteria document does not need to be completed when submitting a deliverable.

G.10 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 PM for this contract shall communicate with the CO and 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.

https://www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-ict-refresh https://www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-ict-refresh https://www.fhwa.dot.gov/508/docs/form4260.pdf https://www.fhwa.dot.gov/508/docs/form4260.pdf

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.

H.2 EVALUATION OF CONTRACTOR PERFORMANCE

Interim and final evaluations of Contractor performance will be prepared on this contract in accordance with FAR 42.1502 and Transportation Acquisition Manual (TAM) 1242.1502. The final performance evaluations will be prepared at the time of completion of work. 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 Contractor shall 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 sixty (60) day time period.

H.3 ORGANIZATIONAL CONFLICT OF INTEREST

It is anticipated that Contractor performance under previous efforts or under this contract may create a current or subsequent Organizational Conflict of Interests (OCI) as defined in FAR Subpart 9.5. As applicable, the Contractor shall provide a statement 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 in an impartial and objective manner.