RFQ.final.pdf

REQUEST FOR QUOTATION (RFQ)

Issuing Office:

Agency Contact:

Solicitation Number:

Title:

Solicitation Release Date:

United States Department of Transportation Federal Highway Administration (FHWA) Office of Acquisition & Grants Management (HCFA) 1200 New Jersey Avenue, SE Washington, DC 20590-0001

Christina McMurtry, Contract Specialist Email: christina.mcmurtry@dot.gov

693JJ324Q000024

Federal Outdoor Impact Laboratory (FOIL) Modular Office Trailer May 28, 2024

Technical Questions Due Date:

Quotation Due Date:

June 7, 2024, 12pm MDT

June 28, 2024, 12pm MDT

TABLE OF CONTENTS

Notice to Quoters ............................................................................................................. A-i

Standard Form 1442 Solicitation, Offer, and Award........................................................A-1

Buy American Act – Construction Materials……………………………………………A-2

Hazardous Materials……………………………………………………………………. A-3

Solicitation Provisions ......................................................................................................B-1

Contract Clauses ...............................................................................................................C-1

Construction Wage Rate Requirement..............................................................................D-1

Statement of Work ……………........................................................................................E-1

NOTICE TO QUOTERS

A-i

NOTE: OFFEROR, BIDDER AND QUOTER ARE USED INTERCHANGEABLE THROUGHOUT

THE REQUEST FOR QUOTE

ONLY ELECTRONIC QUOTES WILL BE ACCEPTED EXCEPT FOR THE BONDS (SEE

ITEM 12A). Submit a copy of your quote to christina.mcmurtry@dot.gov. Submit the following documents:

• SF-1442, Solicitation, Offer & Award, Page (A-1); Price and Technical Quotation

• Buy American Act (Page A-2) & Hazardous Materials (Page A-3)

• Annual Representations and Certifications (FAR Provision 52.204-8) and Organizational

Information

I. PRE-QUOTE INFORMATION

Notice of SAM Registration – you must have an active registration in the System for Award Management (SAM) prior to submission of a quote in response to this solicitation. Failure to register prior to submission of a quote may require award to the next successful registered quoter. See FAR Subpart 4.1102. Register online at www.sam.gov.

Representations and Certifications – This solicitation is issued under North American Industry Classification System (NAICS) 321991 – Manufactured Home (Mobile Home) Manufacturing with a small business size standard of 1,250 employees. Please complete the certification listed in paragraph (b) of FAR Provision 52.204-8 Annual Representation and Certifications. The System for Award Management (SAM) is the Official U.S. Government system that consolidated the capabilities of CCR/FedReg, ORCA, and EPLS. Please include NAICS 321991 in SAM.

Before submitting quotes, please ensure you have completed your annual representations and certifications electronically at the SAM website at www.sam.gov.

Accuracy and Completeness of Quote- The Contractor is responsible to verify all data is correct when a quote is submitted. Failure to properly update your data may cause the quote to be rejected.

Request for Technical Information – Questions relative to the Statement of Work for this solicitation will only be accepted in writing (see Item 9 on Page A-3).

II. POST AWARD INFORMATION

Subcontracting - FAR Clause 52.219-8, Utilization of Small Business Concerns states that Prime Contractors afford small business concerns, veteran-owned small business concerns, service-disabled veteran-owned small business concerns, HUBZone small business concerns, small disadvantaged business concerns, and women-owned small business concerns the maximum practicable opportunity to participate in performing contracts let by any Federal agency.

mailto:christina.mcmurtry@dot.gov http://www.sam.gov/

Item 9: FOR ALL GENERAL AND TECHNICAL INFORMATION: E-mail Christina.mcmurtry@dot.gov.

Item 11: COMPLETION DATE: Work shall be completed on or before the date specified in the Statement of Work 2.0 Period of Performance.

Item 12A: PERFORMANCE AND PAYMENT BONDS: Send hard copy bonds attention to Eduardo Arispe at: Acquisition Office, For: Eduardo Arispe, 21400 Ridgetop Circle, Sterling, VA 20166. See FAR Clause 52.228-15 Performance and Payment Bonds-Construction (Clauses begin on Page C-1).

Item 24: SUBMITTING INVOICES: SUBMIT ALL INVOICES IN ACCORDANCE WITH

STATEMENT OF WORK, 3.5 INVOICE INSTRUCTIONS

INSTRUCTIONS FOR PREPARATION OF QUOTATIONS

In responding to this RFQ, quotations MUST include the following:

1. TECHNICAL CAPABILITY - will be evaluated based on both a detailed work plan and technical experience:

• Detailed Work Plan (Technical) – A technical approach that clearly defines how the offeror will accomplish or meet all aspects of the solicitation including a manufacturing timeline.

- How will offeror meet all technical requirements

- Detailed plan for removal and disposal of existing trailers

- Detailed floor plan/drawings of new trailer

- Manufacturing/material construction descriptions/information

- Schedule of both removal of existing and delivery/installation of new trailer

- Level of Effort table (table displaying labor categories and labor hours per task).

- If there are specific areas where plans exceed requirements or cannot meet requirements please detail these areas and provide an explanation for the deviation, including perceived benefits

• Technical experience – Prior experience manufacturing, delivery and installment of similar products

- Include a narrative clearly describing organization experience

- Include manufacturing information of similar products produced over the last 12-24 months; include references. Customer reference data will include:

a. Description of the product

b. Name of the customer

c. Point of contact with the customer - name and phone number or email

d. Date of award

e. Date of delivery

f. Monetary value

2. PRICE QUOTATION - The Contractor shall furnish all products and non-personal technical, administrative, and other support services to perform provide the Statement of Work Modular Office mailto:Christina.mcmurtry@dot.gov

Trailer at the Turner-Fairbank Highway Research Center. The Contractor shall furnish all products and non-personal services in support of the mission of the Federal Highway Administration’s (FHWA’s).

This is a Firm Fixed Price (FFP) Contract.

Item Description Total

00101

ESTIMATED PRICE: The price range of the project work is between $100,000 and $250,000.

3. Organizational Information - Quotations shall include the following mandatory business information regarding your company in the body of the cover email message:

a. Confirmation your company accepts government purchase orders

b. Business Size (Small, Woman-Owned, Disadvantaged, Hub-Zone, Large, Non- Profit, etc.)

c. Payment Terms (see FAR clause 52.232-27)

d. Unique Entity Identifier (UEI) and Electronic Funds Transfer (EFT) Indicator (if applicable):

e. Federal Tax Identification Number (TIN) (9-Digits)

f. Correct Mailing Address for the order (include name, telephone, email address); Note:

Mailing address and entity name shall match the information in www.sam.gov

g. Verification company information listed in the System for Award Management (SAM) current and accurate? https://www.sam.gov/SAM/

h. Completed necessary provisions and clauses if not included in the Offeror's representations and certifications at SAM.gov.

EVALUATION OF QUOTATIONS

The Government will conduct a comparative evaluation of quotes and make a best value award decision based on the following factors: (A) Technical Capability; (B) Price; and (C) Past Performance. The ultimate award decision will be made based on a determination of overall best value, each of the three factors considered.

(A) Technical Evaluation Criteria: will be evaluated to the extent in which it meets the Government requirement to include the following:

• The offeror shall provide a logical technical approach for performing the requirements as outlined in the SOW

• The offeror shall have demonstrated recent prior experience in manufacturing, delivery and installment of similar products

(B) Price Evaluation Criteria: The proposed total price from PART II will be evaluated to determined fair and reasonable IAW FAR 13.106.3. It is anticipated that competitive quotes will be used to determine price fair and reasonableness. The total price will be considered within the best value award decision. Award may be made to a quoter that does not provide the lowest priced quotes.

https://www.sam.gov/SAM/

(C) Past Performance Criteria: Submission of past performance information is not required. The Government will utilize past performance sources accessible to include Contractor Performance Assessment Reporting System (CPARS) at https://www.cpars.gov and information from SAM.gov, Responsibility and Qualifications. Offerors with no adverse information will be rated as Satisfactory.

Offerors with adverse information will be rated as Unsatisfactory and will not be eligible for award.

https://www.cpars.gov/

SOLICITATION, OFFER,

AND AWARD

2. TYPE OF SOLICITATION

6. PROJECT NO. 4. CONTRACT NO. 5. REQUISITION/PURCHASE REQUEST NO.

PAGE OF PAGES

7. ISSUED BY CODE 8. ADDRESS OFFER TO

SOLICITATION

(Construction, Alteration, or Repair)

1. SOLICITATION NO. 3. DATE ISSUED

IMPORTANT -- The "offer" section on the reverse must be fully completed by offeror.

9.

INFORMATION

a. NAME b. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

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

CALL:

FOR

SEALED BID (IFB)

NEGOTIATED (RFP)

HRSO10240010PR

FEDERAL HIGHWAY ADMINISTRATION

OFC OF ACQUISITION AND GRANTS MGMT

1200 NEW JERSEY AVE., SE

WASHINGTON DC 20590

693JJ3

Christina McMurtry, Contract Specialist

Federal Highway Administration Office of Acquisition and Grants Management christina.mcmurtry@dot.gov

CHRISTINA MCMURTRY

105/24/2024

693JJ324Q000027

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying no., date)

CONSTRUCTION PROJECT IN STRICT ACCORDANCE WITH:

1. FEDERAL ACQUISITION AND TRANSPORATION ACQUISITION REGULATIONS (FAR & TAR)

2. DEPARTMENT OF LABOR, CONSTRUCTION WAGE RATE REQUIREMENT RATES

3. STATEMENT OF WORK

Sealed bid will not be used for this RFQ. Quotes shall be electronically delivered to christina.mcmurtry@dot.gov by the required due date.

11. The Contractor shall begin performance

12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

award, notice to proceed. The performance period is mandatory negotiable. (See ________________________________________________.)

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and is not required.is, b. An offer guarantee

c. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

(date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

d. Offers providing less than

12b. CALENDAR DAYSYES NO

(If "YES", indicate within how many calendar days after award in Item 12b.)

0 180 calendar days and complete it within ________________ ________________ calendar days after receiving

06/24/2024

NSN 7540-01-155-3212

x x x x copies to perform the work required are due at the place specified in Item 8 by _____________ ___________________ (hour) local time calendar days for Government acceptance after the date offers are due will not be considered and will be rejected . _________________

STANDARD FORM 1442 (Rev. 4-85)

Prescribed by GSA

FAR(48 CFR) 53.236-1(d)

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government in writing within ____________________ calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement stated in item 13d. Failure to insert any number means the offeror accepts the minimum in item 13d.)

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code) 15. TELEPHONE NO. (Include area code)

16. REMITTANCE ADDRESS (Include only if different than item 14.)

CODE FACILITY CODE

AMOUNTS

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGEMENT OF AMENDMENTS

OFFER (Must be fully completed by offeror)

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT NO.

DATE.

20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print) 20b. SIGNATURE 20c. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

26. ADMINISTERED BY CODE 27. PAYMENT WILL BE MADE BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this document and return (Contractor is not required to sign this document.)

Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award.

No further contractual document is necessary.

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print)

30b. SIGNATURE 30c. DATE 31b. UNITED STATES OF AMERICA 31c. DATE

BY

2PAGE OF

FEDERAL HIGHWAY ADMINISTRATION

OFC OF ACQUISITION AND GRANTS MGMT

1200 NEW JERSEY AVE., SE

WASHINGTON DC 20590

693JJ3

31a. NAME OF CONTRACTING OFFICER (Type or print)

28. NEGOTIATED AGREEMENT 29. AWARD

Contractor agrees to furnish and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, copies to issuing office.)

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

STANDARD FORM 1442 (REV. 4-85) BACK

Continued...

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

3 5

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

693JJ324Q000027

00101 Contractor to remove and dispose of the current two 14x44 trailers and deliver and install a Modular Office Trailer for the Federal Outdoor Impact Laboratory (FOIL) IAW the Statement of Work. Delivery is six (6) months ARO.

Place of Performance:

FHWA Federal Outdoor Impact Laboratory (FOIL) Turner-Fairbank Highway Research Center (TFHRC) 6300 Georgetown Pike

McLean, VA 22101

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

A-2

BUY AMERICAN ACT- CONSTRUCTION MATERIALS

It is understood and agreed that the materials and components listed in Subparts 25.1 and 25.2 of the FAR are a part of this contract and are deemed to be Domestic Construction Material for the purposes of this contract.

NOTE TO CONTRACTOR:

The following information and any applicable supporting data is required for evaluation of requests under FAR Clause 52.225-9 Paragraph (c) & (d) and FAR Provision 52.225-10 Paragraph (b).

Material and/or Component

Construction Material Description

Unit of Measure Quantity *Cost Delivered to Job Site

Foreign Construction Material

Comparable Domestic Material

Material and/or Component

Construction Material Description

Unit of Measure Quantity *Cost Delivered to Job Site

Foreign Construction Material

Comparable Domestic Material

[* Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued).][Please include name, address, telephone number and contact for suppliers surveyed. Attach copy of response; if oral, attach summary. Include all applicable supporting information.]

A-3

HAZARDOUS MATERIALS

As required by FAR Clause 52.223-3, Hazardous Materials Identification and Safety Data - Alternate I, the apparent low bidder must submit prior to award a Material Safety Data Sheet (MSDS) for all hazardous materials that the bidder identifies in paragraph (b) of the FAR clause and defined under the latest version of Federal Standard No. 313.

Hazardous Material Identification Number

B-1

FEDERAL ACQUISITION REGULATION (FAR) [AND TRANSPORTATION ACQUISITION

REGULATION (TAR)] PROVISIONS AND CLAUSES

[NOTE: The CS is responsible for verifying the applicability of the clauses to their requirement and that the most current version of all clauses is included in the solicitation.]

PROVISIONS

FAR & TAR PROVISIONS INCORPORATED BY REFERENCE

52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998) This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at https://www.acquisition.gov/far 52.204-7 System for Award Management (Oct 2018) 52.204-8 Annual Representations and Certifications (May 2024) 52.204-16 Commercial and Government Entity Code Reporting (Aug 2020) 52.204-22 Alternate Line Item Proposal (Jan 2017) 52.222-5 Construction Wage Rate Requirements – Secondary Site of Work (May 2014) 52.223-23 Sustainable Products and Services (May 2024) 52.228-1 Bid Guarantee (Sep 1996) 1252.239-71 Information Technology Security Plan and Accreditation (Nov 2022)

FAR & TAR PROVISIONS IN FULL TEXT

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance

Services or Equipment (Nov 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Products and Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision— https://www.acquisition.gov/far

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.

Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".

(d) Representation. The Offeror represents that—

(1) It □ will, □ will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that— It □ does, □ does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures.

(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained:

Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained:

Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided;

and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

1252.237-71 -- Certification of Data (Nov 2022)

(a) The offeror represents and certifies that to the best of its knowledge and belief, the information and/or data (e.g., company profile; qualifications; background statements; brochures) submitted with its offer is current, accurate, and complete as of the date of its offer.

(b) The offeror understands that any inaccurate data provided to the Department of Transportation may subject the offeror, its subcontractors, its employees, or its representatives to:

(1) prosecution for false statements pursuant to 18 U.S.C. 1001 and/or; (2) enforcement action for false claims or statements pursuant to the Program Fraud Civil Remedies Act of 1986, 31 U.S.C.

3801-3812 and 49 CFR part 31 and/or; (3) termination for default or for cause under any contract resulting from its offer and/or; (4) debarment or suspension.

(c) The offeror agrees to obtain a similar certification from its subcontractors and submit such certification(s) with its offer.

Signature:

Date:

Typed Name and Title:

Company Name:

This certification concerns a matter within the jurisdiction of an agency of the United States and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under 18 U.S.C. 1001.

(End of provision)

C-1 CLAUSES

FAR CLAUSES INCORPORATED BY REFERENCE

52.252-2 -- Clauses Incorporated by Reference (Feb 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at http://www.acquisition.gov/far

52.203-12 Limitation on Payments to Influence Certain Federal Transactions (Jun 2020) 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) 52.204-13 System for Award Management Maintenance (Oct 2018) 52.204-18 Commercial and Government Entity Code Maintenance (Aug 2020) 52.204-19 Incorporation by Reference of Representations and Certifications (Dec 2014) 52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or

Provided by Kaspersky Lab and Other Covered Entities (Nov 2021) 52.204-25 Prohibition of Contracting for Certain Telecomunications and Video Surveillance

Services or Equipment (Nov 2021) 52.204-27 Prohibition on a ByteDance Covered Application (Jun 2023) 52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors

Debarred, Suspended, or Proposed for Debarment (Nov 2021) 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015) 52.211-10 Commencement, Prosecution, and Completion of Work (Apr 1984) 52.213-4 Terms and Conditions—Simplified Acquisitions (Other Than Commercial Products and Commercial Services) (Apr 2024) 52.219-6 Notice of Total Small Business Set-Aside (Nov 2020) 52.219-14 Limitations on Subcontracting (Oct 2022) 52.219-28 Post-Award Small Business Program Rerepresentation (Mar 2023) 52.222-3 Convict Labor (June 2003) 52.222-4 Contract Work Hours and Safety Standards – Overtime Compensation (May 2018) 52.222-21 Prohibition of Segregated Facilities (Apr 2015) 52.222-26 Equal Opportunity (Sep 2016) 52.222-35 Equal Opportunity for Veterans (Jun 2020) 52.222-36 Equal Opportunity for Workers with Disabilities (Jun 2020) 52.222-37 Employment Reports on Veterans (Jun 2020) 52.222-50 Combating Trafficking in Persons (Nov 2021) 52.222-54 Employment Eligibility Verification (May 2022) 52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving (May 2024) 52.228-12 Prospective Subcontractor Requests for Bonds (Dec 2022) 52.228-15 Performance and Payment Bonds—Construction (Jun 2020) 52.225-13 Restrictions on Certain Foreign Purchases (Feb 2021) 52.232-27 Prompt Payment for Construction Contracts (Jan 2017) 52.232-33 Payment by Electronic Funds Transfer—System for Award Management (Oct

2018) http://www.acquisition.gov/far

52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) 52.233-3 Protest after Award (Aug 1996) 52.233-4 Applicable Law for Breach of Contract Claim (Oct 2004) 52.236-5 Material and Workmanship (Apr 1984) 52.236-7 Permits and Responsibilities (Nov 1991) 52.242-1 Notice of Intent to Disallow Costs (Apr 1984) 52.242-14 Suspension of Work (Apr 1984) 52.243-5 Changes and Changed Conditions (Apr 1984) 52.244-6 Subcontracts for Commercial Products and Commercial Services (Dec 2023) 52.246-13 Inspection—Dismantling, Demolition, or Removal of Improvements (Aug 1996) 52.249-14 Excusable Delays (Apr 1984)

TAR CLAUSES INCORPORATED BY REFERENCE

The following Transportation Acquisition Regulation (TAR) clauses are incorporated by reference. The full text of the clauses can be accessed electronically at https://www.transportation.gov/assistant-secretary-administration/procurement/tar-part-1252-solicitatons-provisions-and-contract

1252.201-70 Contracting Officer's Representative (Nov 2022) 1252.223-71 Accident and Fire Reporting (Nov 2022) 1252.242-72 Dissemination of Contract Information (Nov 2022)

LOCAL CLAUSES IN FULL TEXT

CONTRACTING OFFICER’S REPRESENTATIVE AND TASK ORDER COR

[Note: This Clause should be adjusted based on the type of award]

(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 designed Provided at Award as the Contracting Officer’s Representative (COR) for this award. The COR’s responsibilities shall include technical monitoring of the contractor’s performance on the overall contract award and inspecting and accepting deliveries under the contract. The COR 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 https://www.transportation.gov/assistant-secretary-administration/procurement/tar-part-1252-solicitatons-provisions-and-contract https://www.transportation.gov/assistant-secretary-administration/procurement/tar-part-1252-solicitatons-provisions-and-contract 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 to have been issued without proper authority.

The contractor shall notify the Contracting Officer in writing, with as much detail as possible, when the COR or TOCOR, if applicable, has taken an action or has issued direction (written or oral) that the contractor considers to exceed 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.

INVOICE INSTRUCTIONS

ELECTRONIC SUBMISSION OF PAYMENT REQUESTS

(a) Definitions. As used in this clause—

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

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

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

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

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

(c) The Department of Transportation utilizes the Delphi eInvoicing web-portal for processing invoices.

For vendors submitting invoices, and certain grantees submitting payment requests, they will be required to submit invoices via Delphi eInvoicing which is accessed and authenticated via www.login.gov

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

(1) Invoice number and invoice date.

(2) Period of performance covered by invoice.

(3) Contract number and title.

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

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

(6) Total ($) of billing.

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

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

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

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

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

(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) 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:

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-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 mailto:HCFA-10@dot.gov http://www.dot.gov/cfo/delphi-einvoicing-

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:

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

mailto:DOTeInvoicing@dot.gov

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.

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