693JJ322R000023.pdf

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Technical Services Support Contract for FHWA’s Long Term Bridge Performance (LTBP) Program
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693JJ322R000023
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693JJ322R000023

1 69

12: 01/09/2023

Raven Merchant Raven.Merchant

Aimee S. Drewry

See Section L

12/08/2022 HRDI30220016PR

180 Days

SECTION B - Supplies or Services and Prices

B.1 IDIQ MINIMUM AND MAXIMUM CONTRACT AMOUNTS

The period of performance of this Indefinite Delivery/Indefinite Quantity Contract (for the purpose of placing orders) is 60 months from the date of award. This is an Indefinite Delivery/Indefinite Quantity (IDIQ) Contract in accordance with FAR 16.500.

During the term of the contract, the Government shall place orders totaling a minimum of $50,000.00. The maximum amount of all task orders issued against all contracts awarded as a result of this acquisition shall not exceed a ceiling of $15,000,000.00.

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

B.2 SCHEDULE OF RATES

All Task Orders (TO) issued on an FFP/LH/T&M basis will be subject to the pricing set forth in Exhibit J.1, Labor Rate Schedule. Labor categories and hourly labor rate ceilings governing TOs under this IDIQ contract shall conform to Exhibit J.1. The hourly labor rates (unit of issue) shall be applied for each of the described categories for each of the contract years. The unit of issue (rates) is the fully burdened fixed price hourly rate. Please see FAR 52.216-29(c)(2).

The rates that are proposed and accepted at the time of TO award shall remain in effect with the TO award unless modified by mutual agreement.

At any time and throughout the life of the contract, at the request of either the Contractor or the Government, the Contractor may propose additional labor categories, rates and descriptions in addition to the Government labor categories. These additional labor categories, rates, and descriptions will be negotiated and approved by the CO on a case-by-case basis.

The maximum amount of the contract listed in Section B.1 includes travel and materials. Travel and materials will be reimbursed at cost. Inclusion of indirect burden amounts or fee on material costs, including travel expenses, is not allowable.

Note: Resulting contract award(s) will include Attachment J.1 with the accepted Contractor loaded labor rates inserted in the pricing table.

(End of Section B)

SECTION C - Description/Specifications/Statement of Work

BACKGROUND

The Federal Highway Administration (FHWA) Office of Infrastructure Research & Development (HRDI) conducts and oversees research and development programs and projects that address critical highway infrastructure needs and priorities of national importance. Studies focus on the design, materials, construction, operation, and preservation of highway pavements, bridges, culverts, tunnels, and other structures. In addition, HRDI provides expert technical assistance to other FHWA offices, other Federal agencies, State and local transportation organizations, industry, and academia.

Through an integrated and interdisciplinary research approach, HRDI provides state–of–the–art knowledge and tools with the goal of improving the safety, performance, and cost effectiveness of the Nation’s highway infrastructure, while minimizing the impacts that highway construction, operations, maintenance, and rehabilitation may have on the environment. Across the highway infrastructure spectrum, the contributions of stakeholders in the development and execution of multiple year Research & Development plans and roadmaps are key to the success of the office.

HRDI in cooperation with the American Association of State Highway and Transportation Officials (AASHTO), the State Highway Agencies, and the National Academy of Science (NAS) have a requirement for non-personal technical and professional engineering services for the Long-Term Bridge Performance (LTBP) program.

The primary goal of the LTBP program is to understand how and why bridges perform as they

do. To accomplish this goal, the program collects bridge performance information using standard procedures and protocols on a variety of bridge types.

This acquisition requires that the Contractor perform activities including coordination with stakeholders to obtain existing performance-related information and documentation of bridge assets from a representative sample of bridges nationwide, performing information extraction (from bridge documentation such as plans, specifications, or construction records, etc.), potential for occasional field assessment for validation purposes, in-depth analysis and quality control of all such information (including storage, backup, and transfer to FHWA). The work requires skilled, knowledgeable, and experienced subject matter experts including but not limited to the areas of bridge design, maintenance, testing, monitoring and condition assessment utilizing sensor technologies, corrosion, load rating applications, design and analysis, bridge management, reliability and statistical analysis, and technical report writing. The activities envisioned within this contract will require expertise in bridge engineering, maintenance, rehabilitation, and preservation. Additionally, the envisioned activities will require subject matter expertise in a variety of material and nondestructive testing, statistical analysis, and computer visualization technologies.

OBJECTIVE

The objective of this requirement is to provide non-personal research and technical support for Long Term Infrastructure Performance under the Long-Term Bridge Performance (LTBP)

Program.

The Contractor shall provide facilities, equipment and improvements, services, supplies, materials, and personnel, (except as otherwise noted), to perform activities including but not limited to coordination with stakeholders to obtain existing performance-related information and documentation of bridge assets from a representative sample of bridges nationwide, performing information extraction (from bridge documentation such as plans, specifications, or construction records, etc.), potential for occasional field assessment for validation purposes, in-depth analysis and quality control of all such information (including storage, backup, and transfer to FHWA).

The work requires skilled, knowledgeable, and experienced subject matter experts including but not limited to the areas of bridge design, maintenance, testing, monitoring, and condition assessment utilizing sensor technologies, corrosion, load rating applications, design and analysis, bridge management, reliability and statistical analysis, and technical report writing.

DETAILED REQUIREMENT

The Contractor shall provide the following types of services under this contract to support the FHWA Non-Personal Research & Technical Support Services for Long Term Infrastructure Performance under the Long-Term Bridge Performance (LTBP) Program.

Technical support includes providing all the necessary engineers, researchers, practitioners, statisticians, mechatronics, IT experts, technical writers, technicians, and other related personnel to meet the objectives of the contract. Requirements are listed as a series of support services to provide an outline of the work that may be conducted. All work shall be defined under task orders awarded under the ID/IQ contract. Government furnished property and facilities will be identified at the task order level.

C.3.1 Technical Focus Area: Support Services for Design, Construction, and Conduct of

Experiments

This technical focus area may include the design, construction, and conduct of in-situ or laboratory testing of bridges.

The LTBP program performs research to better understand bridge performance. In order to do so, different types of experiments may need to be performed which could include field assessment, in-situ load testing on a bridge or bridges, designing, constructing, and testing full-scale or scaled experiments on bridges or bridge components in the laboratory or in the field.

As an example, under a task of this type the Contractor could be required to design, construct, and test a bridge to evaluate performance attributes under a variety of normal or accelerated structural loading and environmental conditions. In such a case, expertise may be required in many different areas or in only a few areas such as material sample collection, in-situ assessment of bridges and bridge components, structural health monitoring, non-destructive (ND) assessment technologies for steel, reinforced concrete, and prestressed concrete bridges, database management, project management, and technical report preparation. Typical deliverables for a task for this type of service could be (1) work plan development, (2) development of experimental design, test protocols, specimen design including design drawings and specifications, (3) construction of laboratory or field specimens, (4) assessment of ND technologies to assess capabilities with respect to subsurface defect detection, and (5) draft and final report preparation.

C.3.2 Technical Focus Area: Support Services for Protocol Revision or Development

To achieve consistency in information stored on LTBP InfoBridge, protocols have been developed and published. The Contractor may be required to develop new and/or update existing LTBP protocols as assigned by the COR. Such protocols could pertain to current LTBP protocols or be entirely new and developed specifically for external information gathered by others to upload and share on InfoBridge. All protocols will need to follow the format of the current LTBP Protocols which can be found at https://infobridge.fhwa.dot.gov/ under the library section or here.

C.3.3 Technical Focus Area: Support Services for Collection of Bridge Performance

Information

This technical focus area may include the collection, organization, and in-depth expert analysis (to include, but not be limited to, cause/effect, and utility of information collected) of both desk audit type of performance-related information as described below as well as limited targeted field assessment.

Collection of performance-related information could include, but not be limited to, coordinating with bridge owners and/or their contractors to extract information from bridge plans and specifications, collect maintenance information and policies including de-icing chemical application rates and policies (as applicable and as available). As an example, the Contractor could be required to contact state or local highway departments nationwide or regionally to determine (as applicable) de-icing chemical application rates on bridge decks or state policies on the application of de-icing chemicals. This type of activity is intended to be performed in an office setting using various communication and file sharing tools to obtain the desired information.

Collection of field performance-related information or in-situ bridge assessment would be limited and targeted and could include, but not be limited to, nondestructive testing, material extraction (coring) and physical testing, enhanced visual inspection, and steel coatings assessment. Typical deliverables for a task for this type of service could be (1) work plan development, (2) collection, in-depth expert analysis, and preparation of the information to be readily uploaded to the LTBP’s InfoBridge based on standard format that as provided by the COR, (3) draft and final report preparation. The Contractor will be responsible for mobilization, on site set up and maintenance of traffic (should this not be provided by the bridge owner agency), coordination with the bridge owner, providing all required equipment for all field assessment, calibration of all equipment and tools, and quality control of all information collected.

The scope of work for this requirement could include collection, verification, validation, and in-depth expert analysis of all information collected and reported. All information and research results collected under this contract will be in accordance with well-established LTBP program protocols, and transferred to FHWA to be readily uploaded to LTBP’s InfoBridge based on standard format provided by the COR.

C.3.4 Technical Focus Area: Support Services in Fusion, Analysis, 3D Modeling, and

Visualization of Bridge Performance-Related Information

In order to interpret, understand, and visualize information provided by the LTBP program in an efficient manner, the LTBP program may use technologies that automate analysis, fusion, interpretation and understanding through 3-dimensional modeling and representation. The ability to automate the processes of analyzing and combining multiple variables through visualization tools can provide a level of understanding with respect to bridge performance not previously available. For a task of this type, the Contractor could be required to develop, document, test, and deploy visualization methods to be implemented into LTBP’s InfoBridge which enable visualization of multiple variable data sets. In such a case, expertise may be required in many different areas such as material sample collection, in-situ assessment of bridges and bridge components, ND assessment technologies for steel, reinforced concrete, and prestressed concrete bridges, database management, IT web-based application development.

Typical deliverables for a task for this type of service could be (1) work plan development, (2) design, develop, and test visualization module for LTBP’s InfoBridge, (3) draft and final report.

C.3.5 Technical Focus Area: Support Services for Special Projects and Studies as directed by the Government in support of the LTBP Program

This requirement could be any combination of the above-mentioned requirements or others not specified resulting in a “special project or study” required in support of the LTBP program. An example of this type of task may include investigation of a particular issue pertaining to bridge deck performance not originally envisioned such as the development of a new data-driven modeling or analysis tool which would utilize a combination of data types collected through program efforts. Such a new tool (or “other” project) would first require development and testing, then validation, development of visualization technologies, and finally deployment. As such, this “other” project would also combine efforts from other tasks. Additionally, this focus area could include design, analysis, or deployment of tools or other technical needs for the LTBP program not initially envisioned within the other focus areas.

C.3.6 Technical Focus Area: Support Services for Organizing Conferences, Workshops, and Invitational Travel

This requirement could include coordination for meetings, a scheduled workshop, or conference in support of the LTBP program.

KICK-OFF MEETING

The Contractor shall attend an in-person [or virtual] kick-off meeting within 30 days of the contract award. The objective of this meeting is to introduce attendees, to provide an opportunity for Contractors to meet with the Contracting Office (CO) and/or Contract Administrator, the Contracting Officer’s Representative (COR), define roles and responsibilities, and respond to questions. Contractor Key Personnel shall attend this meeting.

https://infobridge.fhwa.dot.gov/ https://infobridge.fhwa.dot.gov/

The costs incurred to attend the kick-off meeting are unallowable direct costs under the contract and, therefore, cannot be charged as direct costs to the Government.

IDIQ PROGRESS REPORTS

The Contractor shall submit an electronic copy (2016 or higher Microsoft (MS) Office or Adobe Acrobat) of a contract level consolidated quarterly progress report to the Contracting Officer (CO) and/or Contract Administrator, and the COR, by the 15th of the month following the reporting period.

The report shall provide, for all active TOs under the contract, a summary that includes at a minimum:

(a) TO number, TO title, TO type (i.e., FFP, LH, or T&M), period of performance, TOCOR.

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

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

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

(e) A tabulation of the planned, actual, and cumulative person-hours expended by the personnel identified in each task order (applies to T&M task orders only).

(f) A chart showing current and cumulative expenditures versus planned expenditures for each task order (applies to T&M task orders only).

ANNUAL REPORT

The Contractor shall furnish one electronic copy (in Microsoft Office 2016 or Adobe Acrobat) of a letter-type annual report to the Contract Specialist (CS) and to the (COR) on or before 30 calendar days after the end of each contract year. The annual report shall contain the following:

(a) State the period of performance covered by the report (dates must be in MM/DD/YYYY format).

(b) Current Contract Dollar Value: state the total amount obligated on all orders, including modifications.

(c) Provide a list of all active orders during the covered evaluation period and for each order indicate the following information:

i. Task Order number, title of the order/project, contract type, value of the order.

ii. A discussion of the activities conducted during the period being reported.

iii. Identify subcontractors, including Unique Entity ID (UEI), performing either a critical aspect of the contracted effort or more than 25 percent of the dollar value of the effort.

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

i. Quality of Product/Service

ii. Schedule

iii. Cost Control

iv. Business Relations

v. Management of Key Personnel

vi. Utilization of Small Businesses

vii. Other

NOTE: The annual report will be used by the COR and CO as part of the annual performance review. For each area listed above, the Contractor shall discuss how it met the contractual requirements and, as applicable, discuss any problems and any corrective actions taken. If the Contractor believes it has exceeded the contract requirements, it must identify a significant event(s) and state how it was a benefit to the Government.

(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.

D.2 MARKINGS

All deliverables submitted to the Contracting Officer (CO) and the designated Contracting Officer’s Representative (COR) shall be accompanied by a packing list or other suitable shipping document that shall clearly indicate the following:

(a) Contract number;

(b) Task Order number;

(c) Name and address of the consignor;

(d) Name and address of the consignee;

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

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

Specific marking objectives may be addressed in individual Task Orders.

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

D.3 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 Office of Infrastructure Research and Development

1200 New Jersey Avenue, SE Washington, DC 20590

Attn: Cara Fitzgerald

D.4 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 Contracting Officer. Specific objectives will be addressed in individual Task Orders.

(End of Section D)

SECTION E - Inspection and Acceptance

E.1 INSPECTION AND ACCEPTANCE

All work hereunder shall be subject to review by the Government. The COR or TOCOR, at specified in each notification letter at the contract and task order level, is responsible for inspection and acceptance of all incoming shipments, documents, and services. Acceptance of the final deliverables shall be made in writing by the COR.

E.2 GOVERNMENT ACCEPTANCE PERIOD

Unless stated elsewhere, the FHWA will have 15 calendar days to review draft deliverables and make comments. The Contractor shall have 10 calendar days to make revisions and return the revised deliverable to the Government. Upon receipt of the final deliverables, the FHWA will have 15 calendar days for final review prior to acceptance or providing documented reasons for non-acceptance.

The COR/TOCOR 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/TOCOR of the specific reasons why the deliverable is being rejected. Unless otherwise directed by the COR/TOCOR or CO, the Contractor shall have 15 calendar days to correct the rejected deliverable and return it per delivery instructions.

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, any TO issued, and all modifications. Deliverable items rejected under any resulting TO 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.

Technically acceptable deliverables and publications will be submitted to a publication review and approval process. The publication review and approval process will typically require 30 days for presentations, fact sheets, infographics, posters, and equivalent deliverables. The review and approval process for technical reports will typically require six months from submission of a technically acceptable report to publication, based on an average of three rounds of editorial review. The Contactor shall account for these timeframes when responding to TO Proposal Requests (TOPRs).

E.3 CLAUSES INCORPORATED BY REFERENCE

52.246-2 Inspection of Supplies – Fixed-Price Aug 1996 52.246-4 Inspection of Services – Fixed-Price Aug 1996 52.246-6 Inspection-Time-and-Material and Labor Hour May 2002 52.246-9 Inspection of Research and Development (Short Form) Apr 1984 52.246-16 Responsibility for Supplies Apr 1984

(End of Section E)

SECTION F - Deliveries or Performance

F.1 CLAUSES INCORPORTED BY REFERENCE

52.242-15 Stop-Work Order Aug 1989 52.242-17 Government Delay of Work Nov 2021 52.247-34 F.O.B. Destination Nov 1991

F.2 PERIOD OF PERFORMANCE

The period of performance for purposes of ordering and placing orders under this contract is 60 months from the effective date of the contract.

Task orders may be issued up to the final day within the period of performance of this contract provided that they can be completed within 12 months past the end of the period of performance of this contract. There are no option periods under the contract; however, options may be included in issued task orders issued under this contract.

F.3 METHOD OF DELIVERY

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

F.4 PLACE OF DELIVERY

The Contractor shall submit interim and final deliverables electronically to the COR. The Contractor shall include the contract number (and task order number if appropriate) in the email for each deliverable.

F.5 DELIVERABLE/DELIVERY SUMMARY (IDIQ)

Deliverable Delivery Date Medium / Format Recipient

Progress Reports

Quarterly, submitted by the 15th of the month following the reporting period

Electronic copy in Microsoft or Adobe Acrobat format.

CS and

COR

Annual Report Annually, on or before 30 calendar days after the end of each contract year.

Electronic copy in Microsoft or Adobe Acrobat format.

CS and

COR

Kick-off Meeting Report

Once, 14 days following kick-off meeting

Electronic copy in Microsoft or Adobe Acrobat format.

COR

F.6 PLACE OF PERFORMANCE

The work under this contract shall be performed primarily at the contractor’s facilities. Place of performance will be specified at the TO level.

F.7 TASK ORDER DELIVERABLES

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

F.8 MINIMUM REQUIREMENTS FOR MATERIALS TO BE POSTED ON FHWA

WEBSITES

All web-based deliverables shall conform to the Minimum Requirements for FHWA Web Pages and be compatible with the current FHWA web platform of Adobe ColdFusion (version 10 compatible) and Microsoft SQL (server 2012 or higher compatible). Deliverables will be evaluated for Section 508 compliance, including graceful degradation when JavaScript is disabled and color contrast tests. Deliverables shall meet W3C coding standards (http://www.w3.org/), FHWA coding standards, and conform to USDOT Secure Web Application standards to prevent cross-site scripting (XSS) and SQL Injection.

(End of Section F) http://www.w3.org/

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 to oversee this contract and supervise staff assigned to this contract.

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 Contracting Officer. In the event the Contractor makes any changes at the direction of any person other than the Contracting Officer, 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.

Contracting Officer’s Address:

United States Department of Transportation Federal Highway Administration 1200 New Jersey Ave, SE Mail Stop: E62-204 Washington, DC 20590

G.3 PAYMENT- (IDIQ)

FFP:

For each FFP task order, the Government shall pay the Contractor for the prices delineated in each task order. Proportional payments may be made based on an established Milestone Payment Schedule for work performed and accepted. Milestone Payment Schedule shall be subject to overall satisfactory performance and the Government reserves the right to suspend milestone payments. Payment shall be made upon review and written acceptance of the FFP deliverable(s) by the Government.

LH or T&M:

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

The Contractor shall not accrue costs in excess of the amount funded under a LH or T&M Task Order. Any work performed in excess of the amount funded is at the Contractor’s own risk.

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

G.4 BILLING RATES

For T&M/LH orders, 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.

G.5 NOTIFICATION OF EXPENDITURE OF FUNDS

The Contractor shall notify the CS and COR in writing, within five (5) calendar days, when costs incurred exceed 75% of the obligated funds on a LH or T&M line item or Task Order.

G.6 TRAVEL AND PER DIEM

Travel (other than local) may be expected to occur throughout the duration of the contract and must have the advance written approval of the COR.

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.7 SUBCONTRACTS – ADVANCE NOTIFICATION AND CONSENT

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

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

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

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

(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/ https://gcc01.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.login.gov%2F&data=04%7C01%7Cgunnar.prutz%40dot.gov%7C0a326690e73c4b6562d808d88d6721ef%7Cc4cd245b44f04395a1aa3848d258f78b%7C0%7C0%7C637414821370629241%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=1NCjvnr4px0nN6mqzJNQxFnaEmYORw76%2FNN9tiHV5Vw%3D&reserved=0 https://gcc01.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.login.gov%2F&data=04%7C01%7Cgunnar.prutz%40dot.gov%7C0a326690e73c4b6562d808d88d6721ef%7Cc4cd245b44f04395a1aa3848d258f78b%7C0%7C0%7C637414821370639196%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=QBUR6h0uVx%2FvrvRn6an7B8t56D%2BLZU6bwNxtCaG3viM%3D&reserved=0 https://login.gov/help/creating-an-account/how-https://login.gov/help/creating-an-account/how-

(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) 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. FHWA’s agency POC is HCFA-10@dot.gov.

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 Help Desk 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

If a user ID becomes inactive/times out due no activity by the POC, the Vendor shall contact HCFA-10@dot.gov 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 mailto:HCFA-10@dot.gov https://einvoice.esc.gov/ https://gcc01.safelinks.protection.outlook.com/?url=http%3A%2F%2Feinvoice.esc.gov%2F&data=04%7C01%7Cgunnar.prutz%40dot.gov%7C0a326690e73c4b6562d808d88d6721ef%7Cc4cd245b44f04395a1aa3848d258f78b%7C0%7C0%7C637414821370639196%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=SETomh1dP1mdGdyRgq04kx7I4%2BuwjkX3rVLM0u4c1DY%3D&reserved=0 https://gcc01.safelinks.protection.outlook.com/?url=http%3A%2F%2Feinvoice.esc.gov%2F&data=04%7C01%7Cgunnar.prutz%40dot.gov%7C0a326690e73c4b6562d808d88d6721ef%7Cc4cd245b44f04395a1aa3848d258f78b%7C0%7C0%7C637414821370649154%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=z0hRpzShNue%2Fsq4%2Fkg6leBVeZZSvbyIQFJteDG24jKE%3D&reserved=0 mailto:HCFA-10@dot.gov mailto:HCFA-10@dot.gov http://www.dot.gov/cfo/delphi-einvoicing-

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:

Federal Highway Administration Invoice Processing P.O. Box 268865 Oklahoma City, OK 73126-8865 Attention: - HCFA-22

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.

Final Invoices

For firm-fixed-price (FFP) contracts where supplies are delivered or services are performed, the final invoice is not subject to further contract settlement actions between the Government and the Contractor.

For non-FFP contracts, further contract settlement actions may exist where final invoices are not to be submitted yet until these contract settlement actions are resolved. For these contracts, the Contracting Officer will process final invoices as a routine part of the closeout process. When requested, the Contractor shall submit the final invoice directly to the Contracting Officer/ Contract Specialist along with the final closeout documents. When the final invoice is ready for payment, the Contracting Officer will inform the Contractor that the final invoice can be submitted through the iSupplier system.

G.9 TECHNICAL DIRECTION

Performance of the work under this contract is subject to the Technical Direction of the Contracting Officer’s Representative (COR). The Contracting Officer may also appoint a task order Contracting Officer’s Representative (TOCOR) to provide Technical Direction related to specific task orders under this IDIQ contract.

mailto:DOTeInvoicing@dot.gov

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 task order. The COR and TOCOR do 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 defined 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 or TOCOR (as applicable) within 3 working days after issuance. The Contractor shall proceed promptly with the performance of duly issued Technical Directions. However, if in the opinion of the Contractor, the direction issued by the COR or TOCOR is within one of the prescribed categories in (a) through (d) above, the Contractor shall not proceed, but shall notify the Contracting Officer in writing, within 3 working days after receipt of any such direction. The Contracting Officer will determine if the Technical Direction is proper, or if a contract modification would be required to properly implement the direction. Failure of the parties to agree upon the nature of the direction or upon the contract action to be taken with respect thereto shall be subject to the clause included in Section I entitled “Disputes.”

G.10 CONTRACTING OFFICER’S REPRESENTATIVE AND TASK ORDER COR

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

(b) The Contracting Officer has designated [ Cara Fitzgerald] as the Contracting Officer’s Representative for this award. The COR’s responsibilities shall include technical monitoring of the Contractor’s performance on the overall contract award and inspecting and accepting deliveries under the contract. The COR 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 through modification to this contract and changes to the existing memorandum or by issuance of a new appointment memorandum. Copies of any changes shall be provided to the Contractor.

As needed, the Contracting Officer may appoint a task order Contracting Officer’s

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

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

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

(2) Waive or agree to any modification of the delivery schedule;

(3) Make any final decision on any contract matter subject to the Disputes Clause;

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

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

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

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

(f) The Contractor shall provide copies of all correspondence to the Contracting Officer and the COR and TOCOR, if applicable.

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

G.11 CONTRACTOR SUPERVISION

The Contractor shall provide total supervision of its staff. Government personnel are not authorized or permitted to supervise any Contractor personnel. The Contractor's Program Manager (PM) for this contract shall communicate with the COR to determine the Government's work requirements as set forth in the SOW and shall assure that these requirements are fulfilled.

In the event the designed PM is incapacitated due to illness or injury or otherwise is to be removed by the Contractor during the contract performance, replacement of the incumbent PM shall be subject to the approval of the CO.

G.12 AGENCY TASK ORDER OMBUDSMAN

FAR 52.216-32 Task-Order and Delivery-Order Ombudsman (Sept 2019)

(a) In accordance with 41 U.S.C. 4106(g), the Agency has designated the following task-order and delivery-order Ombudsman for this contract. The Ombudsman must review complaints from the Contractor concerning all task-order and delivery-order actions for this contract and ensure the Contractor is afforded a fair opportunity for consideration in the award of orders, consistent with the procedures in the contract.

United States Department of Transportation Federal Highway Administration 1200 New Jersey Avenue, SE Washington, DC 20590 Location: E62-204 Attention: Brian Bezio, Competition Advocate

(b) Consulting an ombudsman does not alter or postpone the timeline for any other process (e.g., protests).

(c) Before consulting with the Ombudsman, the Contractor is encouraged to first address complaints with the Contracting Officer for resolution. When requested by the Contractor, the Ombudsman may keep the identity of the concerned party or entity confidential, unless prohibited by law or agency procedure.

G.13 TASK ORDER SELECTION CRITERIA

FHWA anticipates the following elements will be the standard criteria for awarding individual Task Orders: Technical/Management Approach, Past Performance, and Price in relation to Task Order requirements. Each Task Order will indicate any changes or additions to standard criteria.

G.14 TASK ORDER PROCEDURE

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

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

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

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

(b) All task orders are subject to the terms and conditions of the contract. In the event of https://www.govinfo.gov/content/pkg/USCODE-2017-title41/html/USCODE-2017-title41-subtitleI-divsnC-chap41-sec4106.htm conflict between a task order and the contract, the contract will take precedence.

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

(d) The CO will issue task order Proposal Requests (TOPRs) electronically to each IDIQ

Contractor awardee in accordance with Fair Opportunity to Compete clause, as requirements are identified. Each TOPR will indicate the task order type, the due date for proposal submission, any Government estimates for equipment and/or travel, any special requirements, and the selection criteria.

(e) Upon receipt of a TOPR, the Contractor shall prepare and submit a written task order proposal within the timeframe specified for submission. The task order proposal shall be prepared in accordance with the instructions in the TOPR.

(f) Upon selection/acceptance of a task order proposal, the CO shall execute a task order.

This task order will contain, as a minimum, the following information:

(i) Name and signature of CO

(ii) Task order number and Contract Number

(iii) Effective date of task order

(iv) Task order subject and description of work (including deliverables/schedule)

(v) Period of Performance

(vi) Total amount of task order

(vii) Accounting data

(viii) Reporting requirements

(ix) Work plan

(x) Key Personnel

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

G.15 ON-SITE DUTY HOURS

Working hours shall be coordinated with the COR and shall be established in the individual task orders. Working hours at Government facilities are generally from 7:30 AM to 5:00 PM ET (core hours) Monday through Friday, exclusive of legal holidays, or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. Working outside of the core hours shall require prior approval by the

COR.

G.16 FEDERAL HOLIDAYS AND CLOSURES

The…

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