693JJ321R000003 - Request for Proposals.pdf

693JJ321R000003

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Delont'e McKinney

See Section L

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SECTION B - Supplies or Services/Prices

B.1 COST PLUS FIXED FEE WITH REIMBURSABLE MATERIALS

The Contractor shall furnish all equipment, travel, materials and personnel necessary to provide the Federal Highway Administration (FHWA) with non-personal support for “Asphalt Pavement Reflective Cracking Model to Better Address Rehabilitation,” as described in Section C below.

B.2 SCHEDULE OF SERVICES

Cost Plus Fixed Fee - Schedule of services for Asphalt Pavement Reflective Cracking Model to Better Address Rehabilitation

CLIN DESCRIPTION Estimated Cost

Fixed Fee Total Estimated Cost Plus Fixed Fee

0001 Asphalt Pavement Reflective Cracking Model to Better Address Rehabilitation

Pricing: Cost Plus Fixed fee Period of Performance: Six months from effective date of award

0002 Other Direct Cost (ODC) – Materials and Travel Reimbursed at Cost

N/A N/A $

TOTAL: $

ODC will be reimbursed at cost. Inclusion of indirect costs or fee on ODC expenses are not allowable.

(End of Section B)

20,000.00

SECTION C - Description/Specifications

C.1 BACKGROUND

New highway construction is generally a very small percentage of roadway construction activities and expenditures nationally. A significant majority of highway construction is to repair and rehabilitate existing damaged pavements; with repairs often occurring over existing cracked pavements. Existing cracks from lower pavement layers will reflect upward toward through the repair or new pavement layer placed on top of the structure as a new surface overlay. The reflective cracking causes accelerated deterioration of the pavement and poor performance resulting in cracked, noisy, rough pavements requiring more frequent repairs and increased funds for repair and maintenance. A reflective cracking model which can be used to simulate and predict this behavior can be used to design pavement repairs and new surface overlays to mitigate and slow the rate of reflective cracks and reduce the frequency of repair; resulting in better performing, safe, quiet, durable, long lasting asphalt roadways.

The Federal Highway Administration (FHWA) has developed mechanistically based performance comparison models to evaluate the cracking and rutting performance of asphalt pavement mixtures. These models form the basis of an asphalt performance comparison development effort and are being implemented into a FlexPAVETM software program for analyzing pavements and predicting distress. Benefits of the performance comparison models include:

(1) Use of material characterization using dynamic modulus and cyclic fatigue tests for all cracking distresses (compared to the use of different test methods required to assess each different cracking distress type);

AASHTO R 83 Standard Practice for Preparation of Cylindrical Performance Test Specimens Using the Superpave Gyratory Compactor (SGC) AASHTO PP 99 (2019) Standard Method of Practice for Preparation of Small Cylindrical Performance Test Specimens Using the Superpave Gyratory Compactor (SGC) and Field Cores AASHTO T 378 Standard Method of Test for Determining the Dynamic Modulus and Flow Number for Asphalt Mixtures Using the Asphalt Mixture Performance Tester (AMPT) AASHTO TP 132 (2019) Standard Method of Test for Determining the Dynamic Modulus for Asphalt Mixtures Using Small Specimens in the Asphalt Mixture Performance Tester (AMPT) AASHTO TP 107 Standard Method of Test for Determining the Damage Characteristic Curve and Failure Criterion Using the Asphalt Mixture Performance Tester (AMPT) Cyclic Fatigue Test AASHTO R 84 Standard Practice for Developing Dynamic Modulus Master Curves for Asphalt Mixtures Using the Asphalt Mixture Performance Tester (AMPT) AASHTO TP 133 (2019) Standard Method of Test for Determining the Damage Characteristic Curve and Failure Criterion Using Small Specimens in the Asphalt Mixture Performance Tester (AMPT) Cyclic Fatigue Test

(2) Simplified visco-elastic materials characterization, pavement performance simulation, damage evaluation; and mixture performance comparison tools.

(3) The applicability for the models to be used beyond mixture comparisons; such as for pavement design or preservation strategies.

Recent developments in these performance tests, FlexMATTM, FlexMIXTM and FlexPAVETM provide highway agencies and asphalt paving community with a unique opportunity to use performance tests and mechanistic models for asphalt performance comparison, mixture design, and asphalt pavement design to integrate these different phases in pavement construction using similar test methods and mechanistic principles. These tools help link material characteristics from testing with mechanistic models to assess and compare performance; and ultimately identify how to best design, construct, and accept a pavement.

Existing modeling efforts have focused on top down fatigue cracking, bottom up fatigue cracking, rutting in individual layers, and thermal cracking distress of both new pavement construction and rehabilitation projects. In current form, the methodology can be applied to rehabilitation projects for these distresses found in newly constructed pavements. To be fully applicable for the comparative analysis of asphalt pavement overlays, FlexPAVETM needs to be augmented with an asphalt reflective cracking distress model for its mechanistically based performance modeling to facilitate evaluation of mixture designs as a mixture performance comparison tool.

C.2 OBJECTIVE

The objective of this requirement is to assess current asphalt pavement cracking models that can be applied to reflective cracking and further research, develop, calibrate, train, and validate a mechanistically based asphalt pavement reflective cracking model that is consistent with existing FlexPAVETM methodology and performance tests; incorporate it into the FlexPAVETM software and the FlexMATTM and FlexMIXTM data analysis tools, and assess and incorporate run time improvements to the model, software, and analysis tools.

C.3 DETAILED REQUIREMENT

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

NOTE: The Work Plan shall be consistent with the task order and all exhibits. The Work Plan shall not be construed to override or change the requirement or exhibits of this task order. The controlling document for the requirement shall be the task order, its exhibits, and any modifications issued.

Phase 1 The Contractor shall conduct the research and development activities required to develop, calibrate, train, and validate a new mechanistically based asphalt pavement reflective cracking model consistent with FlexPAVETM methodology and performance tests. The research shall include the comprehensive evaluation of models, tests, and equipment to develop and refine the research work plan and methodologies, and document and report the research.

Task 1- Kick-off Meeting, Draft Research Work Plan, and Work Breakdown Structure

(WBS)

Within 21 days of the effective date of award, the Contractor shall coordinate and deliver a kick-off meeting through web conference to review the Performance Work Statement (PWS), research work plan, work schedule, work breakdown structure, delivery schedule, delineate roles and responsibilities, and establish communication protocols. The kick-off meeting shall be coordinated with the Contracting Officer’s Representative (COR) and other invited guests. Seven days in advance of the kick-off meeting, the Contractor shall prepare and submit a meeting agenda and draft research work plan with draft research work breakdown structure (WBS) to the COR for review and comment. The research work plan shall include the WBS, project schedule, and deliverables. Within seven days after the kickoff meeting, the Contractor shall prepare and submit, a summary of the kickoff meeting and a work plan that incorporates all the feedback from the kickoff meeting.

Task 2- Comprehensive Review Within 4 months of the effective date of award, the Contractor shall complete an extensive and comprehensive literature and industry review to document and assess current asphalt pavement cracking models including:

• Sources, types, and causes of reflective cracking;

• Test types, equipment, specimens, procedures, and data required;

• Usage nationally and internationally;

• Stage of development, maturity, and use;

• Advantages and disadvantages;

• Calibration, training, and validation efforts;

• Accuracy of distress prediction;

• Remaining and needed development efforts;

• Remaining and needed calibration efforts;

• Remaining and needed training efforts;

• Remaining and needed validation efforts;

• Analysis run time and efficiency; and computational requirements; and

• Applicability and potential to meet the project objective.

Note: The Paperwork Reduction Act, FHWA and its Contractors, are unable to survey more than nine external entities unless clearance from the U.S. Office of Management and Budget is obtained.

Task 3- Draft Interim Report and Webinar Within 5 months of the effective date of award, the Contractor shall:

1. Submit a draft interim report which includes the results and findings of Task 1 and Task 2; with recommendations and rational for the selection of a reflective cracking model proposed for incorporation during the Phase 2 development (if needed).

2. Schedule and deliver a webinar presenting the results, findings, and recommendations with the COR and other invited guests. The COR shall coordinate invitees from FHWA.

Seven days in advance of the webinar, the Contractor shall prepare and submit a webinar meeting agenda.

3. Submit an updated draft research work plan with work breakdown structure for completing the Tasks; including details and level of effort for further model development (if needed), calibration, training, and validation efforts, and incorporation into FlexPAVETM software and FlexMATTM and FlexMIXTM data analysis tools.

The COR shall provide comments within 30 days after the webinar delivery. The Contractor shall revise the interim report, research work plan with work breakdown structure as necessary to reflect the COR’s comments. The Contractor shall provide the revised report, revised work plan with work breakdown structure within 15 days from receiving comments.

Task 4 – Final Interim Report, Final Work Plan with Final Work Breakdown Structure Within 6 months of the effective date of award, the Contractor shall submit:

1. A final interim report

2. A final research work plan with work breakdown structure for completing the Tasks; including details and level of effort for further development (if needed), calibration, training, and validation efforts, and incorporation into FlexPAVETM software and FlexMATTM and FlexMIXTM data analysis tools.

The Contractor shall not proceed to Phase 2 until written authorization is provided by the

COR.

Phase 2 The Contractor shall conduct the research and development activities required to develop, calibrate, train, and validate a new mechanistically based asphalt pavement reflective cracking model consistent with FlexPAVETM methodology and performance tests. The research shall perform the approved research work plan, develop the reflective cracking model, incorporate the model into analysis tools, document research efforts, and disseminate the research findings and conclusions.

Task 5 - Perform Research Work Plan and Document Efforts Within 30 months of the effective date of award, the Contractor shall perform the approved Task 4 research work plan.

Within 12 months of the effective date of award, the Contractor shall develop and submit a draft Interim Model Report documenting the Task 5 effort, findings, recommendations, and conclusions resulting from efforts to date. The COR shall provide comments within 45 days of the report’s submission. The Contractor shall revise the report as necessary to reflect the COR’s comments. The Contractor shall provide the revised report within 15 days from receiving comments.

Within 30 months of the effective date of award, the Contractor shall perform the research and submit a draft Final Model Report documenting the Task 5 effort, findings, recommendations, and conclusions. The COR shall provide comments within 45 days of the report’s submission.

The Contractor shall revise the report as necessary to reflect the COR’s comments. The Contractor shall provide the revised report within 15 days from receiving comments.

Task 6 – Draft Final Revised FlexPAVETM Software, Installation and User Guides Within 36 months of the effective date of award, the Contractor shall incorporate the Task 5 research findings and conclusions into the FlexPAVETM software and submit a Draft Final Revised FlexPAVETM software and FlexMATTM and FlexMIXTM data analysis tools. The Contractor shall verify the software use, functionality, accuracy; and incorporate run time improvements, user friendly features, and graphics. The software shall have a top to bottom review from a novice user’s perspective to address and minimize the chance of user confusion, incorrect usage, or user frustration. Some examples to address:

• Layer thicknesses provided in dual units, both metric and English units;

• Labels, pop ups, or help to explain options, data needs, or actions;

• Clearly defined and labeled structure layer properties and indication of new layer data versus previous layer data;

• Provide default values for different material types that can be altered if the user has specific values. e.g. default base and subgrade moduli and poisson’s ratio values for different material types that can be altered by the user;

• Clearly defined axle load entry and clearly show/explain what data is needed;

• Clearly defined and labeled damage factors explaining what the values mean;

• Clarity on damage evolution, percent damage, and how it relates to the reference area;

with clearly defined, indicated, and labeled reference area on contour plots; and

• Section 508 compliance for text, tables, graphics, contour plots, heat maps, and plots that use different colors.

Within 36 months of the effective date of award, the Contractor shall develop and submit a draft Final Installation Guide and draft Final User Guide for the revised FlexPAVETM software and the revised FlexMATTM and FlexMIXTM data analysis tool. The guides shall provide detailed and comprehensive step by step instructions with images for installation and use of the revised FlexPAVETM, FlexMATTM, and FlexMIXTM. The installation guide shall be developed for novice users and shall include common user errors and suggested resolution to the errors. The user guide shall include a minimum of 6 examples that include different common pavement structures and materials properties from a diverse distribution of agencies, geographic, and climate regions within North America.

Task 7 – Draft Final Tech Brief Within 36 months of the effective date of award, develop and submit a draft Final Tech Brief summarizing the Phase 2 efforts, recommendations, and conclusions. The COR will provide comments within 30 days of draft Final Tech Brief submission. The Contractor shall revise the tech brief as necessary to reflect the COR’s comments. The Contractor shall provide the revised tech brief within 15 days from receiving comments.

Task 8- Draft Final Report Within 36 months of the effective date of award, develop and submit a draft Final Report documenting the Phase 1 and Phase 2 efforts, findings, recommendations, and conclusions. The COR will provide comments within 45 days of draft Final Report submission. The Contractor shall revise the draft Final Report as necessary to reflect the COR’s comments. The Contractor shall provide the revised draft Final Report within 30 days from receiving comments.

Task 9 – Data Deliverables The Contractor shall make available to FHWA copies of all work developed in performance with this contract, including all software, source code, documentation, and data. All data, source code, and documentation generated and collected shall be provided as deliverables, including any test data and test results obtained and used to provide the contract services and deliverables. All test data deliverables shall be submitted and in accordance with the Federal Highway Administration Pavement Research Database System DIRECTIVE, PRDS Extramural Information Exchange Standards, PRDS-1, April 27, 2018 (Exhibit 1) and Federal Highway Administration, Project Data and Metadata Management Guidelines (Exhibit 2).

• Proposed and final table structure, sample data, format, data dictionary and code list to store data generated under this contract, for COR review and approval;

• Any data collected or generated under this contract, in the FHWA approved format (from Item 1), along with metadata and related documentation;

• Delivery of all software, analysis tools, source code, and documentation for any software and analysis tools developed under this contract. Source code and documentation includes all design details, algorithms, processes, flow charts, and other materials that enable the software and analysis tools to be reproduced or recompiled.

FHWA intends to distribute the software, source code, and documentation deliverables created under this contract to the public. As a result, notwithstanding any other clause in this contract, the FHWA will have “unlimited rights”, as that term is defined in FAR 52.227-14 in the software and source code delivered under this contract. FHWA may use, disclose, reproduce, prepare derivative works, distribute copies of the software, source code, and documentation to the public, and perform publicly and display publicly, in any manner and for any purpose, and to have or permit others to do so. The Contractor and subcontractor shall not copyright any paper, report, form, software, source code, or other material which are first developed under and or a part of its work under this contract without prior express written approval of the Contracting Officer (CO).

Item 1 above shall be submitted for review within 12 months of the effective date of award to allow review, revisions, and approval.

Task 10 – Webinar Within 38 months of the effective date of award, develop and submit a draft PowerPoint presentation, and conduct one national webinar via FHWA’s Adobe Connect web conference platform presenting the efforts, findings, recommendations, and conclusions. The COR will provide comments within 15 days of draft PowerPoint submission. The Contractor shall revise the draft PowerPoint presentation as necessary to reflect the COR’s comments. A final PowerPoint Presentation, shall be submitted to the COR within seven days from receiving comments. The Contractor shall conduct a webinar to present the PowerPoint. The Contractor shall also present findings to at least two industry group meetings as agreed with the COR.

Task 11 – Publication Ready Final Deliverables All draft final deliverables shall undergo FHWA technical review, publication review, Office of Public Affairs review, and Office of Chief Counsel review. Because of these reviews additional changes may be required and shall be made by the Contractor to create Publication Ready deliverables. The Contractor shall provide the revised draft final deliverables as necessary to reflect required changes and comments provided by these reviews.

Within 44 months from award date, submit the final Publication Ready deliverables.

C.4 PROGRESS REPORTS

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

(a) Clear and complete account of the work performed during the reporting period.

(b) The cumulative amounts expended under the contract and summary.

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

(d) A description of any problem encountered or anticipated that will affect the completion of the contract 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.

(e) A tabulation of the planned, actual and cumulative person-hours expended by the personnel identified in the contract.

(f) A chart showing current and cumulative expenditures versus planned expenditures.

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

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

The Contractor shall furnish an electronic copy of the monthly progress report to the CO and

COR.

(End of Section C)

SECTION D - Packaging and Marking

D.1 PACKAGING

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

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

D.1 MARKINGS

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

(a) Contract number;

(b) Name and address of the consignor;

(c) Name and address of the consignee;

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

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

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

D.2 EQUIPMENT REMOVAL

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

(End of Section D)

SECTION E - Inspection and Acceptance

E.1 52.246-3 INSPECTION OF SUPPLIES –COST REIMBURSEMENT (MAY 2001)

E.2 52.246-5 INSPECTION OF SERVICES – COST REIMBURSEMENT (APR 1984)

E.3 ACCEPTANCE

Acceptance of the final deliverables shall be made in writing by the COR.

E.4 GOVERNMENT ACCEPTANCE PERIOD

Unless stated elsewhere, the COR will have 30 calendar days to review draft deliverables and make comments. 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 21 calendar days for final review prior to acceptance or providing documented reasons for non-acceptance.

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

(End of Section E)

SECTION F - Deliveries or Performance

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

F.2 52.249-14 EXCUSABLE DELAYS (APR 1984)

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

F.4 PERIOD OF PERFORMANCE

The period of performance shall be 44 months from the date of award.

All technical work and draft final deliverables must be completed within 38 months from award date as required in the deliverables schedule. An additional 6 months are included for agency publication review, comment, and any revisions required by the Contractor to make publication ready.

F.5 DELIVERABLE/DELIVERY SUMMARY

Deliverable # of Copies

Delivery Date Format Recipient

Compliant

Monthly Progress Reports

1 Monthly, by the 10th of the month following the month being reported

Email, Microsoft Word

COR, CS No

Annual Progress Reports

1 Annual, on or before 30 calendar days before the end of each contract year

Email, Microsoft Word

COR, CS No

Task 1: Kick-off Meeting

1 Within 21 days from award date

Hosted Via Video Conference

COR No

Task 1: Draft Research Work Plan with Work Breakdown Structure (WBS)

1 Within 21 days from award date

Email, Microsoft Word

COR No

Delivery Date Format Recipient

Compliant

Task 3: Draft Interim Report, Webinar, and Updated Research Work Plan with Work Breakdown Structure (WBS)

1 Within 5 months from award date

Email, Microsoft Word & Microsoft PowerPoint

COR No

Task 4: Final Interim Report, and Final Research Work Plan with Work Breakdown Structure (WBS)

1 Within 6 months from award date

Email, Microsoft Word

COR No

Task 5: Draft Interim Model Report

1 Within 12 months from award date

Email, Microsoft Word

COR No

Task 5: Draft Final Model Report

1 Within 30 months from award date

Email, Microsoft Word

COR Yes

Task 6: Draft Final Revised FlexPAVETM software and FlexMATTM data analysis tool

1 Within 36 months from award date

Electronically downloadable from website and on USB memory

COR Yes

Task 6: Draft Final Installation and User Guide

1 Within 36 months from award date

Email, Microsoft Word

COR Yes

Task 7: Draft Final Tech Brief

1 Within 36 months from award date

Email, Microsoft Word

COR Yes

Task 8: Draft Final Report

1 Within 36 months from award date

Email, Microsoft Word

COR Yes

Delivery Date Format Recipient

Compliant

Task 9: Data, source codes, and documentation in accordance with Task 9 Data Deliverables

1 Within 38 months from award date

Email, Electronically downloadable from website and on USB memory

COR No

Task 10:

Webinar of effort, findings, conclusions, and products.

1 Within 38 months from award date

Webinar presentation & Microsoft PowerPoint

COR Yes

Task 11:

Publication Ready Final Model Report

1 Within 44 months from award date

Email, Microsoft Word

COR Yes

Task 11:

Publication Ready Final FlexPAVETM software and FlexMATTM data analysis tool

1 Within 44 months from award date

Electronically downloadable from website and on USB memory

COR Yes

Task 11:

Publication Ready Installation and User Guide

1 Within 44 months from award date

Email, Microsoft Word

COR Yes

Task 11:

Publication Ready Final Tech Brief

1 Within 44 months from award date

Email, Microsoft Word

COR Yes

Task 11:

Publication Ready Final Report

1 Within 44 months from award date

Email, Microsoft Word

COR Yes

All final deliverables shall be Section 508 compliant to meet accessibility requirements and shall be self-certified to be Section 508 compliant by the Contractor.

All final deliverables, products, reports, and software shall be user friendly, visually appealing, and shall be prepared in accordance with the Turner-Fairbank Highway Research Center R&D Communication Reference Guide, February 2017 [Publication Number FHWA- HRT-15-058] requirements and Research Publication Development Tools guidance.

All data generated and collected shall be provided as deliverables, including any test data and test results obtained and used to provide the contract services and deliverables. All test data deliverables shall be submitted and in accordance with the Federal Highway Administration Pavement Research Database System DIRECTIVE, PRDS Extramural Information Exchange Standards, PRDS-1, April 27, 2018 (Exhibit 1) and Federal Highway Administration, Project Data and Metadata Management Guidelines (Exhibit 2)

The Contractor must abide by the following regulations, publications, manuals, and local policies and procedures.

• Paperwork Reduction Act (PRA) (https://pra.digital.gov/)

• Turner-Fairbank Highway Research Center R&D Communication Reference Guide, February 2017 [Publication Number FHWA-HRT-15-058] (https://www.fhwa.dot.gov/publications/research/general/15058/)

• Research Publication Development Tools (https://highways.dot.gov/research/publication-tools)

• Federal Highway Administration, Pavement Research Database System DIRECTIVE, PRDS Extramural Information Exchange Standards, PRDS-1, April 27, 2018 (Exhibit 1)

• Federal Highway Administration, Project Data and Metadata Management Guidelines (Exhibit 2)

F.6 PLACE OF DELIVERY

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

6300 Georgetown Pike McLean, Virginia 22101

The monthly progress reports shall be delivered to COR and Contract Specialist at the following address:

Matthew Corrigan, Matthew.Corrigan@dot.gov Delont’e McKinney Delonte.McKinney@dot.gov

F.7 PLACE OF PERFORMANCE

Unless otherwise specified in Section C, work performed under this contract shall be performed at the Contractor’s facilities.

(End of Section F) https://pra.digital.gov/ https://www.fhwa.dot.gov/publications/research/general/15058/ https://highways.dot.gov/research/publication-tools mailto:Matthew.Corrigan@dot.gov mailto:Delonte.McKinney@dot.gov

SECTION G - Contract Administration Data

G.1 PAYMENT- (CPFF)

The Contractor may be reimbursed for direct and indirect costs incurred in the performance hereof as are allowable under the provisions of Part 31 of the Federal Acquisition Regulation in accordance with the terms of approved Task Orders, subject to the Limitation of Funds Clause. The Contractor may request monthly interim payments for costs incurred during the performance of each specific Task Order. See the “Invoices” section for submittal instructions. A statement of costs incurred by the Contractor in the performance of CPFF Task Orders issued under this contract and claimed to constitute allowable costs shall support each monthly interim payment request. Any payments hereunder will be made upon determination by the CO that the requirements of the contract are being met.

a. In accordance with clause 52.232-25, "Prompt Payment," monthly interim payments will be made by the 30th day following receipt of proper request for payment by the designated billing office, unless audit or other review is considered necessary to ensure compliance with the terms and conditions of the contract. All interim payments hereunder will be made upon further determination by the CO that the Contractor is making adequate progress toward successful contract completion.

b. Final invoice payment shall be made upon the CO's determination that all contract requirements have been completed, and the contract is ready to be closed out.

The payment due date for final invoice shall be established in accordance with the FAR clause 52.216-7.

The amount of fixed fee payable will be established through the Task Orders. In accordance with 52.216-8 “Fixed Fee”, payment of the fixed fee shall be made as specified in the Schedule; provided that after payment of 85% of the fixed fee, the CO may withhold further payment of fee until a reserve is set aside in an amount the CO considers necessary to protect the Government’s interest.

G.2 BILLING RATES

The direct labor rates and the provisional indirect rates negotiated under this contract for billing purposes shall remain in effect until revised rates have been approved in writing by the CO. The Contractor shall request new provisional billing rates in writing. Such requests shall delineate the current and proposed rates to be used, along with the effective rate of escalation.

G.3 ESCALATION RATE

The agreed upon/negotiated rate shall be the rate the Contractor utilizes throughout the life of this contract.

G.4 TRAVEL AND PER DIEM

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

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

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

Travel requirements under this contract shall be met using the most economical form of transportation available. All travel shall be scheduled sufficiently in advance to take advantage of offered discount rates, unless authorized by the CO.

The following web site provides information on current Per Diem rates:

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

G.5 COST ACCOUNTING SYSTEM

As required by the FAR, the Contractor shall have an adequate cost accounting system for accounting of costs under cost reimbursement contracts. If the Government finds the Contractor’s accounting system to be inadequate, the Contractor shall have 60 days from written notification from the CO in which to address the identified accounting system deficiencies, or a time period otherwise agreed upon by the CO in writing. Failure to adequately address, or make progress towards addressing, such deficiencies may result in contract termination.

NOTE: The Contractor shall not be eligible for payment of invoices until such time as the Contractor’s accounting system is deemed by the CO to be adequate for accounting of costs under cost reimbursable contracts.

G.6 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.

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

(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 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.

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/

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 or TOCOR 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 or TOCOR 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

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:

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

Federal Highway Administration Invoice Processing P.O. Box 268865 Oklahoma City, OK 73126-8865 Attention: Delont’e McKinney

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.7 TECHNICAL DIRECTION

Performance of the work under this contract is subject to the Technical Direction of the COR.

The term “Technical Direction” is defined to include, without limitation, the following:

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

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

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

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

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

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

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

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

All Technical Direction must be issued in writing, or shall be confirmed in writing by the COR within 3 working days after issuance. The Contractor shall proceed promptly with the performance of duly issued Technical Directions. However, if in the opinion of the Contractor, the direction issued but the COR is within one of the prescribed categories in (i) through (iv) above, the Contractor shall not proceed, but shall notify the CO in writing, within 3 working days after receipt of any such direction. The CO will determine if the Technical Direction is proper, or if a contract modification would be required to properly implement the direction.

Failure of the parties to agree upon the nature of the direction or upon the contract action to be taken with respect thereto shall be subject to the clause included in Section I entitled “Disputes.”

G.8 CONTRACTING OFFICER’S REPRESENTATIVE (COR)

(a) The CO is the only individual authorized to enter into or terminate this contract, modify any term or condition of this contract, waive any requirement of this contract, or accept nonconforming work delivered under this contract.

(b) The CO shall designate a COR by written notice to the Contractor. The COR’s responsibilities shall include technical monitoring of the Contractor’s performance and inspecting and accepting deliveries under the contract.

The COR shall be appointed in writing, at which time ALL of the responsibilities of the COR shall be detailed, and a copy of the appointment memorandum shall be furnished to the Contractor. Any changes to the COR delegation shall be made in writing, either by changes to the existing memorandum, or by issuance of a new appointment memorandum. Copies of any changes shall be provided to the Contractor.

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

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

(f) The Contractor shall provide copies of all correspondence to the CO and the COR.

(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.9 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 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.10 VEHICULAR AND GENERAL PUBLIC LIABILITY INSURANCE

(a) The Government cannot indemnify the Contractor or its subcontractor(s) from liability as a result of the performance of work under this contract. The Contractor shall be liable for, and shall indemnify and hold harmless the Government against all actions or claims for loss of or damage to property or the injury or death of persons, resulting from the fault, negligence, or wrongful act or omission of the Contractor, its agents, or its employees.

(b) Therefore, if the Contractor is required under the Statement of Work of this contract or any task order issued hereunder, to operate motor vehicles, trailers, and/or marine vessels owned or leased by the Government, the Contractor shall obtain adequate property, vehicle and liability insurance during the entire period of performance.

(c) The Contractor agrees to maintain, during the continuance of this contract, vehicular or water craft damage (collision and comprehensive), liability, and general public liability insurance with limits of liability for:

(1) Bodily Injury of not less than $1,000,000 for each person and $2,000,000 for each occurrence; and

(2) Property damage of not less than $200,000 for each accident.

(d) The U.S. Department of Transportation- Federal Highway Administration shall be listed as an Additional Insured Party of any policy obtained under this contract.

(e) The Contractor shall notify the CO in writing that the required insurance has been obtained and shall furnish a copy of any policies to the CO. The policies evidencing required insurance shall contain an endorsement to the effect that any cancellation or any material change adversely affecting the interests of the Government shall not be effective until 30 days after written notice has been provided to the CO. The policies shall exclude any claim by the insurer for subrogation against the Government by reason of any payment under the policies.

(End of Section G)

SECTION H - Special Contract Requirements

H.1 TECHNICAL REPORT SPECIFICATIONS

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

H.2 REQUIREMENTS FOR IMPLEMENTING SECTION 508 STANDARDS

NOTE: The following applies to all FHWA contracts and assistance agreements containing Information and Communication Technology (ICT) as a deliverable.

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…