693JJ325R000003 - Final Rev 1 Tracked Changes.docx
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- Solicitation number
- 693JJ325R000003
About this file
This document is a Request for Proposal (RFP) for the Department of Transportation Federal Highway Administration (FHWA) to solicit and award two to six contracts to establish and operate Environmental Review Implementation (ERI) Technical Assistance Centers across six geographic regions in the United States. The purpose of the ERI Technical Assistance Centers is to provide technical assistance and capacity building to "eligible entities" on the environmental review and permitting process for surface transportation projects. The solicitation has a period of performance of five years and a total available funding of approximately $18.5 million. Proposals are due by November 13, 2024, and the Government expects to make award(s) after review of initial proposals without discussions. Pricing proposals are requested on a time-and-materials basis, with one small business set-aside contract. The RFP outlines the key objectives, tasks, deliverables, and performance requirements for the ERI Technical Assistance Centers.
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| File | Type | Posted |
|---|---|---|
| Questions and Answers_HEPE_11.5.2024.xlsx | XLSX spreadsheet | |
| 693JJ325R000003 - Final Rev 1 dated 11.5.24.pdf | ||
| Attachment 2 - FHWA Subcontracting Plan.doc | DOC document | |
| Attachment 1- Labor Rate Schedule.xlsx | XLSX spreadsheet | |
| 693JJ325R000003 - 10.24.24 FINAL.pdf | ||
| Attachment 3 - Standard Form LLL.pdf | ||
| Question Submission Spreadsheet.xlsx | XLSX spreadsheet |
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REQUEST FOR PROPOSAL (RFP)
Issuing Office: United States Department of Transportation Federal Highway Administration (FHWA) Office of Acquisition & Grants Management (HCFA)
| 1200 New Jersey Avenue, SE | |
| Washington, DC 20590-0001 |
| Agency Contact: | Christina McMurtry, Contract Specialist | |
| Email: christina.mcmurtry@dot.gov |
Carolyn Lethert, Contract Specialist Email: carolyn.lethert@dot.gov HCFA-32 Inbox, HCFA-32SRI@dot.gov
Solicitation Number: 693JJ325R000003
Title: Environmental Review Implementation (ERI) Funds Technical Assistance Centers
Solicitation Release Date: October 24, 2024
Technical Questions Due Date: 1200 Eastern Time (EST), on October 31, 2024
Proposal Due Date: 1200 Eastern Time (EST), on November 13, 2024
PART I
RFP INFORMATION
This is a combined synopsis/solicitation for commercial products or commercial services prepared in accordance with the format in subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.
This is an OPEN-MARKET Time-and-Materials RFP. This solicitation is prepared in accordance with Federal Acquisition Regulation (FAR) Part 12, Acquisition of Commercial Items, in conjunction with the policies and procedures for solicitation, evaluation, and award as prescribed in FAR Part 15 – Contracting by Negotiation. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2024-07.
This solicitation is full and open with one Small Business reserve with one contract award reserved for small business and the North American Industry Classification System (NAICS) code is 541620 with an industry size standard of $19.0M. A responsible offeror is one whose quotation conforms to the solicitation and will be most advantageous to the Government. It is the contractor’s responsibility to be familiar with applicable clauses and provisions. FAR Provisions and Clauses may be viewed and/or downloaded from http://www.acquisition.gov/far.
FHWA intends to solicit and award two to six contracts to fund Environmental Review Implementation (ERI) Funds Technical Assistance Centers for six regions across the United States as part of a pilot program to assess the efficacy of such centers IAW the Performance Work Statement. The Period of Performance will be five years.
All contractors must have a current active registration in the System for Award Management (www.SAM.gov) at the time of proposal submission in order to be eligible to receive an award under this RFP.
PART II
PERFORMANCE WORK STATEMENT
Environmental Review Implementation Fund Technical Assistance Centers
1. OVERVIEW
This is a non-personal services contract to provide the Federal Highway Administration (FHWA) with support for the implementation of a pilot program to assess the efficacy of regional Environmental Review Implementation (ERI) Technical Assistance Centers. The Government will not exercise any supervision or control over the contract or task order service providers performing the services herein. Such service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government as defined in this Performance Work Statement (PWS). The Contractor shall perform to the standards herein.
2. BACKGROUND
On August 16, 2022, President Joseph R. Biden, Jr., signed the Inflation Reduction Act (IRA), Public Law 117–159 (August 16, 2022). The IRA provides over $1 billion over 10 years to several Federal agencies to facilitate efficient and effective reviews under the National Environmental Policy Act (NEPA) and other Federal processes. Section 60505 of the IRA, Environmental Review Implementation (ERI) Funds, amends title 23, United States Code (U.S.C.) by adding 23 U.S.C. 178, and provides $100 million, available until September 30, 2026, to the Federal Highway Administrator. Funds under this program may be used by FHWA to develop guidance, technical assistance, templates, training, or other tools to facilitate an efficient and effective environmental review process for surface transportation projects. This includes rail projects funded by the Federal Rail Administration (FRA) and public transportation projects funded by the Federal Transit Administration (FTA).
FHWA intends to create and fund regional ERI Technical Assistance Centers as part of a pilot program to assess the efficacy of such centers and the uniquely developed approaches taken by each center in building the capacity of “eligible entities,” as defined in 23 U.S.C. 178(c)(2), to carry out the environmental review process through provision of technical assistance. As the ERI Technical Assistance Centers engage eligible entities in capacity building activities, they will document delivery of any technical assistance in support of reporting on the efficacy of the program. Each ERI Technical Assistance Center will produce a final report summarizing the approach and methodology taken to provide technical assistance, the nature and frequency of technical assistance provided to eligible entities, the types of entities requesting assistance, and document program outcomes. This final report information may be used by FHWA, DOT leadership, Congress, and the general public to inform future efforts to provide technical assistance and capacity building to facilitate an efficient and effective environmental review process for surface transportation projects to eligible entities identified in 23 U.S.C. 178(c)(2). The ERI Technical Assistance Centers will seek to build the capacity of eligible entities in the following areas:
· the environmental review and permitting process,
· environmental considerations during grant application development, and
· assistance with efficient environmental reviews and permitting for awarded grants.
FHWA has made approximately $18.5 million available to implement a pilot program for the ERI Technical Assistance Centers. FHWA expects that the ERI Technical Assistance Centers will focus on general technical support or a specific subject matter area across one or more geographic regions. Contractors should have capacity to deliver technical support and subject matter expertise across any of the geographic regions, and FHWA may award multiple regions to a single contractor but will seek to award up to six separate contracts to obtain different approaches if determined in the agency interest. An ERI Technical Assistance Center will be established for each of the geographic regions listed below:
· Region 1 – Connecticut, Delaware, Maine, Massachusetts, New Hampshire, New Jersey, New York, Rhode Island, Vermont
· Region 2 – Alabama, Florida, Georgia, Louisiana, North Carolina, South Carolina, Virginia, Washington DC
· Region 3 – Arkansas, Illinois, Indiana, Iowa, Minnesota, Mississippi, Missouri, Wisconsin
· Region 4 – Colorado, Idaho, Kansas, Montana, Nebraska, North Dakota, Oklahoma, South Dakota, Texas, Utah
· Region 5 – Alaska, Arizona, California, Hawaii, Nevada, New Mexico, Oregon, Washington, Wyoming
· Region 6 – Kentucky, Maryland, Michigan, Ohio, Pennsylvania, Tennessee, West Virginia FHWA is seeking contractors to establish and execute the ERI Technical Assistance Centers for this pilot program to assess the effectiveness of the Centers in capacity building and the provision of technical assistance related to the environmental review and permitting process. The effectiveness of the ERI Technical Assistance, as documented in regular and final reports, will provide needed insight into whether regional technical assistance centers can provide capacity-building support to eligible entities to ensure they can adequately deliver projects and what methods are most effective.
3. OBJECTIVES
This project will establish and implement the ERI Technical Assistance Centers, with a primarily virtual/technological presence, to:
· Assess the ability and effectiveness of regional ERI Technical Assistance centers to engage in capacity building, the provision of technical assistance, and/or training to “eligible entities,” as defined in 23 U.S.C. 178(c)(2), on the environmental review and permitting process.
· Document program outcomes through regular and final reports assessing the efficacy of the ERI Technical Assistance Centers in providing technical assistance and unique approaches taken by each center for use by FHWA, DOT leadership, Congress, and the public.
The Contractor, through the ERI Technical Assistance Centers, must provide technical assistance and training activities related to the environmental review and permitting process, and provide detailed reporting on the delivery and success of such assistance and training. FHWA expects contractors to develop novel methods and tools for delivering technical assistance to project sponsors, and will assess the effectiveness of the approaches through regular and final reports submitted by each ERI Technical Assistance Centers.
The Contractor may also be called upon to assist with the provision of capacity building and technical assistance in relation to environmental review and permitting requirements for DOT discretionary grant program applications. Assistance with DOT discretionary grant program applications must be made available to all applicants. As with the delivery of technical assistance more generally, FHWA expects contractors to develop novel approaches to building the capacity of prospective grant applicants and grant recipients. The effectiveness of contractor developed approaches will be assessed through regular and final reports submitted for each ERI Technical Assistance Center.
Technical assistance does not entail the drafting or completion of environmental review and permitting documents, engagement with consultants or other service providers hired by the entity or project sponsor, consultation with resource or regulatory agencies, completing any work on behalf of the entity or project sponsor, or drafting, preparing, or writing discretionary grant applications. The Contractor must focus on building the capacity of eligible entities with respect to environmental review and permitting process.
The Contractor may propose technical assistance areas that differ from or supplements what is described herein, if the other types of technical assistance activities meet the objectives of this RFP, and if the activities are eligible for federal support.
4. DETAILED REQUIREMENT
All task areas below are in the aims of establishing and operating ERI Technical Assistance Centers for the benefit of eligible entities. The Contractor shall provide all personnel, equipment, supplies, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform the services described in the tasks below.
Task Area 1 – Project Management The Contractor shall provide project management for establishing and operating one or more ERI Technical Assistance Centers. The Contractor shall schedule and host a Kick-off Meeting within five business days after award. The objective of the Kick-off Meeting is to introduce attendees to FHWA and Contractor staff, provide an opportunity for Offerors to meet with the Contracting Officer (CO) and/or Contract Administrator, define roles and responsibilities, and respond to questions. Contractor Key Personnel shall attend the meeting. The Offeror shall host the Kick-off Meeting within 5 days either in-person (at contractor’s expense), virtual, or hybrid as directed by the Contracting Officer’s Representative (COR). The Contractor shall provide the meeting materials, including an agenda and meeting location, link information, etc., to attendees electronically at least 24 hours in advance and Kick-off Meeting Notes in a template provided by FHWA within 3 days of the meeting.
The Contractor shall produce and maintain a Project Management Plan (PMP) which describes the practices that will be employed to manage the project, including detailed staff assignments, templates, deliverable schedules, costs, and a risk management plan. The PMP shall also include plans for evaluation of technical assistance provided. The PMP shall also include a demonstrated method to measure progress, including performance targets, metrics, milestones, objectives, goals, deliverables, and management of risks and challenges. The Contractor shall send the Draft PMP to the COR within 30 days of contract award. The Contractor shall submit a Final PMP to the COR within 15 days of written comments being returned to the Contractor.
The Contractor shall attend separate Status Meetings to provide updates to FHWA on the technical assistance requests and technical assistance provided. Status Meetings will be hosted by FHWA with all technical assistance providers. The Status Meetings will take place monthly for the first six months of the contract and quarterly thereafter. During these meetings, the Contractor shall provide a chronological log of all technical assistance requests received. At a minimum, the log shall identify the name of the entity requesting technical assistance, a general request category (example: general environmental review, general permitting, project-specific NEPA, project-specific permitting, general pre-grant application assistance), a summary of the request, the date the request was received, a summary of the technical assistance provided, and the date the request was satisfied. The Contractor will be responsible for documenting the meeting by preparing Status Meeting Notes on a template provided by FHWA on a rotating basis determined by FHWA.
The Contractor shall submit a Monthly Progress Report to the CO and/or Contract Administrator, COR, and FHWA by the 10th of the month following the month being reported. The Contractor shall maintain a backlog of project activities and tasks using agile, online project management tools. All significant cost and schedule variances that may arise will be discussed with the COR to jointly resolve. The report shall provide a summary that includes at a minimum:
(a) General contract information to include but not limited to contract number, contract title, period of performance, and overall status based on opinion of the Contractor for schedule and cost, shown as red (major delays or cost overruns with significant impact overall), yellow (slight delay to schedule or slight cost overrun but minimum impact overall), and green (on schedule and cost).
(b) A clear and complete account of work completed and anticipated work for the next month. Reports should articulate technical assistance work provided.
(c) Performance issues or risks, as identified by the CO, COR, or Contractor. A description of any problem/risk encountered or anticipated that will affect the completion of work within the time and fiscal constraints, together with recommended solution to such problem; or a statement that no problems were encountered.
(d) Current cumulative expenditures versus planned expenditure and current obligated funding reflected in dollars and the percent of work completed.
With the Monthly Progress Report, the Contractor shall also submit to FHWA a Technical Assistance Tracking Spreadsheet. The completed template, to be provided by FHWA, shall document all technical assistance requests received and technical assistance provided each month. The Technical Assistance Tracking Spreadsheet must also document any requests for technical assistance received from ineligible entities.
If technical assistance provided is at a cost greater than $5,000, the Contractor shall provide additional information in a Technical Assistance Summary Document, a template for which will be provided by FHWA. The Technical Assistance Summary Document will provide FHWA with additional details about the number of hours of technical assistance provided and the issues that the technical assistance sought to address.
The Contractor shall develop a Final Report summarizing the approach or methodology used, the nature and frequency of technical assistance provided to eligible entities, the types of entities requesting assistance, and document program outcomes for reporting to FHWA, DOT leadership, Congress, and the public. The Final Report will also document best practices and lessons learned for each ERI Technical Assistance Center and inform potential future efforts to provide technical assistance to eligible entities, to facilitate an efficient and effective environmental review process for surface transportation projects.
The Contractor shall develop and maintain an effective Quality Control Plan (QCP) to ensure services are performed in accordance with this PWS. The Contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The Contractor’s QCP is the means by which he/her assures that his/her work complies with the requirement of the contract within 30 days after award. After government acceptance of the QCP, the Contractor shall receive the CO acceptance in writing of any proposed change to the government accepted QCP.
Task Area 1 – Deliverables
| Deliverable No. |
| Deliverable |
| Format |
| Due Date |
| 1 |
| Kick-off Meeting Materials |
| MS Word, MS PowerPoint, emailed link |
| 24 hours before Kick-off Meeting |
| 2 |
| Kick-off Meeting |
| TEAMS, ZOOM, etc. |
| 5 days after award |
| 3 |
| Kick-off Meeting Notes |
| MS Word based on a template from FHWA |
| 3 days after Kick-off Meeting |
| 4 |
| Draft Project Management Plan |
| MS Excel, MS Word |
| 30 days after award |
| 5 |
| Final Project Management Plan |
| MS Excel, MS Word |
| 15 days after comments returned |
| 6 |
| Attendance at Status Meetings |
| TEAMS, ZOOM, etc. |
| Monthly the first six months of the contract, quarterly thereafter |
| 7 |
| Status Meeting Notes |
| MS Word, based on a template from FHWA |
| 3 days after Status Meeting, on a rotating basis |
| 8 |
| Monthly Progress Report and Technical Assistance Tracking Spreadsheet, and Technical Assistance Summary Document(s) as needed |
| MS Word and MS Excel, to be provided by FHWA |
| Due on the 10th of each month, beginning one month after a Final PMP is prepared |
| 9 |
| Proposed Quality Assurance Surveillance Plan |
| MS Word |
| Due 30 days after award |
| 10 |
| Final Report |
| MS Word |
| Due 30 days after conclusion of pilot program. NLT last day of period of performance. |
Task Area 2 – Technical Assistance Design and Delivery
The Contractor shall design and develop technical assistance offerings subject to review and input from FHWA. The Contractor shall identify the scope of the technical assistance to be provided, e.g., on a subject matter basis, regional basis, or the general environmental review and permitting process. The technical assistance will be provided on-demand until funding runs out and/or the period of performance expires.
Technical assistance does not entail the drafting or completion of environmental documents, consultation with resource or regulatory agencies, completing any work on behalf of the entity or project sponsor, or drafting, preparing, or writing discretionary grant applications. The technical assistance provided must be limited to building the capacity of eligible entities to carry out the environmental review and permitting process.
Task 2.1: Technical Assistance Services Intake, Menu, and Documentation The Contractor shall create a streamlined intake process by which an entity can request technical assistance. The purpose of the intake process is to determine if an entity is eligible for technical assistance, determine whether a particular request for technical assistance can be appropriately addressed by the Contractor, understand an entity’s technical assistance needs, and identify the technical assistance approach needed. Technical assistance should be given on a first come, first served basis to any recipient of DOT surface transportation funds. The Contractor shall prepare a memo explaining the intake process. This memo should include the following:
· How the Contractor will field inquiries (via website, email address, phone, etc.)
· The process by which the Contractor will follow up with inquirers, including those ineligible to receive technical assistance, and arrange technical assistance.
· Written materials regarding technical assistance offerings and logistics to be posted on a centralized FHWA or DOT website for all ERI Technical Assistance Center providers.
A memo explaining the intake process shall be submitted to the COR within 45 days of the Kick-off Meeting. Comments from FHWA will be incorporated into a final set of materials within 15 days of receipt of comment transmission.
The Contractor shall develop a menu of technical assistance options subject to review and input from FHWA. The purpose of the menu is so entities can understand the technical assistance that the Contractor may provide. This list is not necessarily exhaustive and may be updated throughout the life of the project. The menu of technical assistance options may be used in outreach materials (see Task 3) and/or posted to a centralized FHWA or DOT website for all ERI Technical Assistance Center providers.
Technical assistance activities should be designed to enhance and build capacity. Types of activities may include:
· Sharing resources such as guidebooks, websites, or lists of required documents
· Providing strategies or best practices
· Sharing sample documents, analyses, or processes
· Answering questions
· Directing entities to federal resources
The menu of available technical assistance may include, but is not limited to, the following topic areas:
· Capacity building with regard to the writing of environmental documents and conducting environmental analyses
· Planning and/or planning and environment linkages (PEL)
· Coordinating with resource/regulatory agencies
· Permitting requirements
· Environmental justice analyses
· Transportation-related emissions analyses
· Resilience
· Technical assistance and capacity building with regard to USDOT discretionary grant programs
· Meaningful Public involvement or community engagement before, during, and after the NEPA process
· Development of standardized checklists to support the environmental review process
· Mediation and consensus-building between diverse stakeholders
· Section 106 of the National Historic Preservation Act and Section 4(f)
· Government-to-government consultation and coordination with Tribes
· Wetlands, coastlines, and water quality
· Right of way acquisitions during NEPA
· Natural environment and/or wildlife considerations
· Federal requirements, particularly requirements that apply to Title 23, such as Civil Rights, ADA and 504
· Other needs related to the NEPA process and other Federal environmental authorization and regulatory requirements.
A menu of technical assistance options will be submitted to the COR within 30 days of the Kick-off Meeting. Comments from FHWA will be incorporated into a final set of materials within 15 days of receipt of comment transmission.
Task Area 2.1 – Deliverables
| Deliverable No. |
| Deliverable |
| Format |
| Due Date |
| 11 |
| Intake Process Memo- Draft |
| MS Word, MS PowerPoint, or associated graphics files |
| 45 days after Kick-off Meeting |
| 12 |
| Final Intake Process Memo |
| MS Word, MS PowerPoint, or associated graphics files |
| 15 days after receipt of FHWA comments |
| 13 |
| Draft Menu of Technical Assistance Options |
| MS Word, MS PowerPoint, or associated graphics files |
| 30 days after Kick-off Meeting |
| 14 |
| Final Menu of Technical Assistance Options |
| MS Word, MS PowerPoint, or associated graphics files |
| 15 days after receipt of FHWA comments |
Task 2.2: Technical Assistance Services The Contractor shall provide technical assistance services to requestors. The exact tasks will vary considerably based on the needs of participants but will have a nexus to environmental review and permitting.
Technical assistance should be focused on building capacity and does not entail the drafting or completion of environmental documents, coordination or consultation with Tribal, resource or regulatory agencies, or completing any work on behalf of the entity or project sponsor.
The Contractor may propose and provide technical assistance areas and activities that differ from or supplement what is described above. Priority should be placed on ensuring that efforts are made to support nontraditional entities in the NEPA process (i.e., entities that have not traditionally received surface transportation funding.) The Contractor shall provide Technical Assistance to any eligible requestor within two weeks of receiving a request, unless a longer response period is necessary and FHWA provides approval.
The Contractor must work with FHWA to develop questions for a customer satisfaction survey or equivalent to determine if the technical assistance needs of the recipient were met.
FHWA will finalize one or more surveys for all selected Contractors to use. The Contractor shall administer the customer satisfaction survey to the technical assistance recipient within 2 weeks of completing technical assistance activities. The Contractor may also develop other ways to evaluate customer satisfaction, upon approval from FHWA.
Task Area 2.2 – Deliverables
| Deliverable No. |
| Deliverable |
| Format |
| Due Date |
| 15 |
| Provision of Technical Assistance |
| Various |
| As requested by participants through end of contract |
| 16 |
| Questions for a Customer Satisfaction Survey |
| MS Word |
| 21 days after Kick-off Meeting |
| 17 |
| Evaluation of Customer Satisfaction |
| To be determined by the Contractor |
| To be determined by the Contractor |
Task Area 3 – Outreach The Contractor shall perform outreach related to the ERI Technical Assistance Center. Communications will be in concert with and at the direction of FHWA.
In coordination with FHWA, the Contractor must propose an outreach approach in the form of an outreach plan to spread awareness of the ERI Technical Assistance Center, specifically targeting newer recipients of surface transportation funding. The plan should include ideas for specific outreach materials. The plan is due 90 days after contract execution. Outreach materials are due at a variety of times, with guidance shown below. The Contractor shall also make reports of outreach efforts in monthly reports discussed in Task 1.
Task Area 3 – Deliverables
| Deliverable No. |
| Deliverable |
| Format |
| Due Date |
| 18 |
| Outreach Plan |
| MS Word |
| 90 days after contract execution |
| 19 |
| Outreach Materials |
| Various, as agreed in advance |
| Various |
5. PERIOD OF PERFORMANCE
The period of performance will be for five years from date of award.
6. PLACE OF PERFORMANCE
The work performed under this contract will be accomplished at the Contractor’s facility and may include remote workstations. The work performed under this contract may also be performed through on-site meetings or trainings subject to approval by FHWA COR and the needs of entities requesting technical assistance.
7. TRAVEL
Travel (other than local) may be required in the performance of this contract. Only travel approved at the time of contract award and/or approved by the COR will be authorized. The Contractor shall be required to invoice in accordance with FAR 31.205-46, Travel Costs, and Federal Travel Regulations, and must submit documentation of all travel costs. The Contractor shall not travel unless adequate funds have been delegated for travel.
8. FEDERAL HOLIDAYS AND CLOSURES (IF APPLICABLE)
The DOT offices are closed for the following Federal holidays and occasionally during other designated periods. Contractors who work at DOT or other Government facilities will not be able to perform activities onsite on these days or during those periods designated for closure:
| New Year’s Day |
| Labor Day |
| Martin Luther King Jr.’s Birthday |
| Columbus Day |
| Washington’s Birthday |
| Veterans Day |
| Memorial Day |
| Thanksgiving Day |
| Juneteenth National Independence Day |
| Christmas Day |
Independence Day
When any such day falls on a Saturday, the preceding Friday is observed; when any such day falls on Sunday, the following Monday is observed.
Government closures may occur during the contract performance period as a result of Executive Order, Office of Personnel Management direction or other form of Federal proclamation. These closures are often due to inclement weather, potentially hazardous conditions or other special circumstances. Closure or delays of this nature during the performance period do not entitle the Contractor to additional compensation or to an automatic period of performance extension.
9. INSPECTION AND ACCEPTANCE
All work hereunder shall be subject to review by the Government. The Contracting Officer’s Representative (COR) is responsible for inspection and acceptance of all incoming shipments, documents, and services. Acceptance of the final deliverables shall be made in writing by the COR.
10. GOVERNMENT ACCEPTANCE PERIOD
Unless stated elsewhere, the FHWA will have 15 calendar days to review draft deliverables and make comments, unless otherwise stated in the Contract. The Contractor shall have 15 calendar days to make revisions and return the revised deliverable to the Government, unless a different timeframe is shown in the Contract. 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.
11. GOVERNMENT FURNISHED INFORMATION
No information is expected to be provided by the Government.
12. GOVERNMENT FURNISHED EQUIPMENT
The Government does not anticipate providing any equipment.
13. ORGANZATIONAL CONFLICT OF INTEREST AND LIMITATION ON FUTURE CONTRACTING
It is anticipated that Contractor personnel performing work under this order will receive, have access to, or participate in the development of proprietary or source selection information (e.g., cost or pricing information, budget information or analyses, specifications or work statements, etc.), or perform evaluation services which may create a current or subsequent Organizational Conflict of Interest (OCI) as defined in FAR Subpart 9.5. Therefore, the Contractor is expressly prohibited from competing on all related work during the performance of this contract and for a period of three (3) years from the end date of this contract as a prime contractor, subcontractor or consultant.
14. PHYSICAL SECURITY
The Contractor shall be responsible for safeguarding all Government equipment, information and property provided for Contractor use. At the close of each work period, Government facilities, equipment, and materials shall be secured.
15. DISSEMINATION OF CONTRACT INFORMATION
The Contractor shall not publish, permit to be published, or distribute for public consumption, any information, oral or written, concerning the results or conclusions made pursuant to the performance of this contract, without the prior written consent of the CO. Two copies of any material proposed to be published or distributed shall be submitted to the CO and one copy to the COR.
16. ACKNOWLEDGEMENT OF SUPPORT AND DISCLAIMER
An acknowledgment of FHWA support and a disclaimer will appear in any publication of any material, whether copyrighted or not, based on or developed under this contract in the following terms:
“This material is based upon work supported by the Federal Highway Administration under contract number [TBD].”
Additionally, all materials shall contain the following statement:
“Any opinions, findings and conclusions or recommendations expressed in this publication are those of the author(s) and do not necessarily reflect the views of the Federal Highway Administration.”
17. IDENTIFICATION OF CONTRACTOR EMPLOYEES
All contract personnel attending meetings, answering Government telephones, and working in other situations where their contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression in the minds of members of the public that they are Government officials. They shall also ensure that all documents or reports produced by Contractors are suitably marked as Contractor products or that Contractor participation is appropriately disclosed. Contractors shall also wear badges identifying them as Contractor personnel when meeting with FHWA personnel during the performance of this Contract.
18. CONTRACTOR’S FAILURE TO PERFORM REQUIRED SERVICES
The rights of the Government and remedies described in this section are in addition to all other rights and remedies set forth in the contract. Specifically, the Government reserves its rights under the Inspection of Services and Termination Clauses. Any reductions in the Contractor’s invoice shall reflect the contract’s reduced value resulting from the Contractor’s failure to perform required services. The Contractor shall not be relieved of full performance of the services hereunder and may be terminated for default based upon inadequate performance of services, even if a reduction was previously taken for any inadequate performance.
19. POST-AWARD EVALUATION OF CONTRACTOR PERFORMANCE
Contractor Performance Evaluations
(a) Interim and final evaluations of Contractor performance will be prepared on this contract in accordance with FAR 42.1502 and TAM 1242.1502. The final performance evaluations will be prepared at the time of completion of work.
(b) The Contractor can elect to review the evaluation and submit additional information or a rebuttal statement. The Contractor will be permitted 60 calendar days to respond. Contractor response is voluntary. If the Contractor does not respond within 60 days, the Government will presume that the Contractor has no comment. Any disagreement between the parties regarding an evaluation will be referred to an individual at a level above the CO, whose decision is final.
(c) Copies of the evaluations, Contractor responses, and review comments, if any, will be retained as part of the contract file, and may be used to support future award decisions.
The Federal Highway Administration utilizes the Contractor Performance Assessment Reporting System (CPARS) to record and maintain past performance information. CPARS is used to document Contractor performance information that is required by Federal Regulations.
CPARS reference material can be accessed at http://www.cpars.gov/.
The registration process requires the Contractor to identify an individual that will serve as a primary contact. This individual will be authorized access to the evaluation for review and comment. In addition, the Contractor is encouraged to identify a secondary contact in the event the primary contact is unavailable to process the evaluation within the required 60-day time period. After the OST Contract Specialist registers the contract in CPARS, the Contractor will receive a system generated e-mail notifying him/her that the contract is registered. A system generated e-mail will also provide the Contractor with a User ID if the person does not already have a CPARS User ID.
Once a performance evaluation has been prepared and is ready for comment, the Contractor representative will receive a system generated e-mail notification that the performance evaluation is electronically available for review and comment. The Contractor representative will receive an automated e-mail whenever an assessment is completed and can subsequently retrieve the completed assessment from CPARS.
Contractors may access evaluations at http://www.cpars.gov/ for review and comment in CPARS.
20. CLOSEOUT OF CONTRACT FILES
The Government will initiate the administrative closeout of the Contract after receiving evidence that all technical requirements have been completed. The Contractor shall furnish all required documents in support of the closeout of this contract. The Government anticipates the timeframe to complete administrative close out of this contract will not exceed 6 months. The costs incurred in the administrative closeout of task orders and contract files are unallowable direct costs under the contract and, therefore, cannot be charged as direct costs to the Government. Contractors are to handle such costs in accordance with their disclosure statements/cost accounting systems.
21. LIST OF EXHIBITS AND ATTACHMENTS
Technical Exhibits
| Technical Exhibit 1: | Performance Requirements Summary |
| Technical Exhibit 2: | Deliverables Schedule |
| Technical Exhibit 3: | Requirements for Section 508 |
| Technical Exhibit 4: | Labor Categories and Descriptions |
Attachments Attachment 1: Pricing Schedule (to be included at award) Attachment 2: Subcontracting Plan Attachment 3: Standard Form LLL
TECHNICAL EXHIBIT 1
PERFORMANCE REQUIREMENTS SUMMARY
The Contractor service requirements are summarized into performance objectives that relate directly to mission essential items. The performance threshold briefly describes the minimum acceptable levels of service required for each requirement. These thresholds are critical to mission success.
Performance Objective
| Performance Standard |
| Performance Threshold |
| Method of Surveillance |
PRS # 1.
The Contractor shall provide Project Management Best Practices under Task 1.
| The Contractor provided a Kick-off Meeting, Project Management Plan, Monthly Progress Report, Technical Assistance Tracking Spreadsheet, and Technical Assistance Summary document(s), as needed. |
| Meets deliverable deadlines 100% of the time. |
| What: Kick-off Meeting, Project Management Plan, and Monthly Progress Report, Technical Assistance Tracking Spreadsheet, and Technical Assistance Summary document(s). |
How: 100% review of documents Who: PM and COR
PRS # 2.
The Contractor shall provide Technical Assistance Services Intake, Menu, and Documentation under Task 2.1.
| The Contractor provided an Intake Process Memo and developed a Menu of Technical Assistance Options. |
| Meets deliverable deadlines 100% of the time. |
| What: Intake Process Memo, Technical Assistance Options Menu. |
How: 100% review of documents Who: PM and COR
PRS # 3.
The Contractor shall provide technical assistance Services under Task 2.2.
| The Contractor provided technical assistance and developed Questions for a Customer Satisfaction Survey. |
| Timely provision of technical assistance at request of recipients 100% of the time and results of evaluation of customer satisfaction. |
| What: Technical Assistance Tracking Spreadsheet as part of Task 1, Questions for a Customer Satisfaction Survey. |
How: 100% review of documents Who: PM and COR
PRS # 4.
The Contractor shall provide Marketing, and Outreach materials under Task 4.
| The Contractor provided Marketing materials, Outreach Plan, Outreach Reports. |
| Meets deliverable deadlines 100% of the time. |
| What: Outreach Plan, Outreach Reports as part of Task 1. |
How: 100% review of documents Who: PM and COR
PRS #4
The Contractor shall create a Final Report under Task 1
| The Contractor developed and provided final report |
| Meets deliverable deadlines 100% of the time. |
| What: Project Management Plan, and Monthly Progress Report, Technical Assistance Tracking Spreadsheet, Technical Assistance Summary document(s), routine meetings with COR. |
How: 100% review of documents Who: PM and COR
TECHNICAL EXHIBIT 2I
DELIVERABLES SCHEDULE
| Deliverable No. |
| Deliverable |
| 508 Compliant |
| Frequency |
| Copies |
| Medium/ Format |
| Submit To |
| 1 |
| Kick-off Meeting Materials |
| N |
| Once |
| N/A |
| MS Word, MS PowerPoint, emailed link |
| FHWA |
| 2 |
| Kick-off Meeting |
| N |
| Once |
| N/A |
| TEAMS, ZOOM, etc. |
| FHWA |
| 3 |
| Kick-off Meeting Notes |
| N |
| Once |
| N/A |
| MS Word |
| FHWA |
| 4 |
| Draft Project Management Plan |
| N |
| Once |
| N/A |
| MS Excel, MS Word |
| FHWA |
| 5 |
| Final Project Management Plan |
| N |
| Once |
| N/A |
| MS Excel, MS Word |
| FHWA |
| 6 |
| Attendance at Status Meetings |
| N |
| Monthly, then Quarterly |
| N/A |
| TEAMS, ZOOM, etc. |
| FHWA |
| 7 |
| Status Meeting Notes |
| N |
| On a rotating basis |
| N/A |
| MS Word |
| FHWA |
| 8 |
| Monthly Progress Report and Technical Assistance Tracking Spreadsheet, and Technical Assistance Summary Document(s) as needed |
| N |
| Monthly |
| N/A |
| MS Word and MS Excel, to be provided by FHWA |
| FHWA |
| 9 |
| Quality Assurance Plan |
| N |
| Once |
| N/A |
| MS Word |
| FHWA |
| 9 |
| Intake Process Memo- Draft |
| N |
| Once |
| N/A |
| MS Word, MS PowerPoint, or associated graphics files |
| FHWA |
| 10 |
| Final Report |
| N |
| Once |
| N/A |
| MS Word |
| FHWA |
| 11 |
| Final Intake Process Memo |
| N |
| Once |
| N/A |
| MS Word, MS PowerPoint, or associated graphics files |
| FHWA |
| 12 |
| Draft Menu of Technical Assistance Options |
| N |
| Once |
| N/A |
| MS Word, MS PowerPoint, or associated graphics files |
| FHWA |
| 13 |
| Final Menu of Technical Assistance Options |
| N |
| Once, updated as needed |
| N/A |
| MS Word, MS PowerPoint, or associated graphics files |
| FHWA |
| 14 |
| Provision of Technical Assistance |
| Y |
| On Request |
| TBD |
| Various |
| Participants |
| 15 |
| Questions for a Customer Satisfaction Survey |
| N |
| Once |
| N/A |
| MS Word |
| FHWA |
| 16 |
| Evaluation of customer satisfaction |
| Y |
| TBD |
| N/A |
| TBD |
| FHWA; Participants |
| 17 |
| Outreach Plan |
| N |
| Once |
| N/A |
| MS Word |
| FHWA |
| 18 |
| Outreach Materials |
| Y |
| On request |
| Up to 20 |
| Various, as agreed in advance |
| FHWA; Participants |
TECHNICAL EXHIBIT 3
REQUIREMENTS FOR SECTION 508 COMPLIANCE
NOTE: The following applies to all FHWA contracts and assistance agreements containing Information and Communication Technology (ICT) as a deliverable.
In addition to the work requirements specified in this PWS, the Contractor shall ensure that all ICT deliverables meet the requirements of Section 508 of the Rehabilitation Act and the ICT Final Standards and Guidelines (508 Refresh) at 36 CFR Part 1194.
As defined in the 508 Refresh, at 36 CFR Part 1194, Appendix A, E103.4, ICT is “Information technology and other equipment, systems, technologies, or processes, for which the principal function is the creation, manipulation, storage, display, receipt, or transmission of electronic data and information, as well as any associated content. Examples of ICT include but are not limited to: computers and peripheral equipment; information kiosks and transaction machines; telecommunications equipment; customer premises equipment; multifunction office machines; software; applications; Web sites; videos; and electronic documents.”
Section 508 requires that all electronic products prepared for the Government be accessible to persons with disabilities, including those with vision, hearing, cognitive, and mobility impairments.
Applicable Standards:
· Appendix A to Part 1194 – Section 508 of the Rehabilitation Act: Application and Scoping Requirements
· Appendix B to Part 1194 – Section 255 of the Communications Act: Application and Scoping Requirements
· Appendix C to Part 1194 – Functional Performance Criteria and Technical Requirements
Section 508 Refresh standards are available at https://www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-ict-refresh.
The Contractor shall adhere to the terms and requirements in FHWA Form 4260 Section 508 Information and Communication Technology (ICT) Conformance Criteria for Section 508 conformance. The Conformance Criteria document does not need to be completed when submitting a deliverable.
TECHNICAL EXHIBIT 4
LABOR CATEGORIES AND DESCRIPTIONS
Senior Project Manager - to perform successfully in this capacity, the individual shall meet one of the following combinations of education and experience: a Master's (M.S., M.A., MBA) degree in a discipline directly related to the PWS plus at least eight (8) years of increasingly responsible professional project management experience, or Bachelor’s (B.A./B.S.) degree in a discipline directly related to the PWS plus at least ten (10) years of increasingly responsible professional project management experience. A professional project management certification can replace 2 years of experience listed here. A Senior Project Manager is responsible for maintaining mission-critical aspects of the program, manages all technical staff on the project, and is responsible for the efforts of all staff assigned to a specific job.
Subject Matter Expert - Must have a Bachelor’s degree with six (6) years experience with subject matter (e.g., environmental reviews, NEPA). recognized for strong expertise in subject matter issues (e.g., NEPA, Endangered Species Act, Section 106, environmental justice and equity, public involvement.) The Subject Matter Expert works with managers and project staff to identify issues and to provide vision and strategic direction as required. The SME can have a master’s degree (or equivalent) and a minimum of five (5) years of experience with subject matter (e.g., environmental reviews, NEPA). At least three of the five years of experience shall be focused in one area to demonstrate expertise. Qualifying experience shall include a minimum of five years of training/experience in an area related to NEPA. Subject Matter Experts also may be required to possess professional certification such as PMP.
Mid-level Professional Staff - to perform successfully in this capacity, the individual shall meet the following combinations of education and NEPA-related experience: a Master’s with 4 years or more years of increasingly responsible related experience, including two (2) years of experience in a technical area directly related to the PWS or a B.A./B.S. degree with 6 years or more years of increasingly responsible related experience, including four (4) years of experience in a technical area directly related to the PWS.
Research/Administrative Support – will provide assistance in the documentation, planning, scheduling, maintenance, and tracking of ERI technical assistance activities and internal reporting/ tracking/ process requirements. The individual(s) shall be a college graduate with one or more years of experience in the following: collect information and draft reports; support meetings and web-conferences through scheduling and notetaking; track, analyze, report and implement corrections to the labor accounting for purposes of maintaining budget and financial accuracy; propose strategic and operational planning activities; conduct operational analysis to support financial monitoring activities; and attend planning, status, and review meetings as needed.
ATTACHMENT 1
Pricing Schedule (Included at Award)
ATTACHMENT 2
Subcontracting Plan (Included at Award)
PART III
POST-AWARD EVALUATION OF CONTRACTOR PERFORMANCE
Contractor Performance Evaluations
(a) Interim and final evaluations of contractor performance will be prepared on this contract in accordance with FAR 42.1502 and TAM 1242.1502. The final performance evaluations will be prepared at the time of completion of work.
(b) The contractor can elect to review the evaluation and submit additional information or a rebuttal statement. The contractor will be permitted 60 calendar days to respond. Contractor response is voluntary. If the contractor does not respond within 60 days, the Government will presume that the contractor has no comment. Any disagreement between the parties regarding an evaluation will be referred to an individual at a level above the CO, whose decision is final.
(c) Copies of the evaluations, contractor responses, and review comments, if any, will be retained as part of the contract file, and may be used to support future award decisions.
The Federal Highway Administration utilizes the contractor Performance Assessment Reporting System (CPARS) to record and maintain past performance information. CPARS is used to document contractor performance information that is required by Federal Regulations.
CPARS reference material can be accessed at http://www.cpars.gov/.
The registration process requires the contractor to identify an individual that will serve as a primary contact. This individual will be authorized access to the evaluation for review and comment. In addition, the contractor is encouraged to identify a secondary contact in the event the primary contact is unavailable to process the evaluation within the required 60-day time period. After the FHWA Contract Specialist registers the contract in CPARS, the contractor will receive a system generated e-mail notifying him/her that the contract is registered. A system generated e-mail will also provide the contractor with a User ID if the person does not already have a CPARS User ID.
Once a performance evaluation has been prepared and is ready for comment, the contractor representative will receive a system generated e-mail notification that the performance evaluation is electronically available for review and comment. The contractor representative will receive an automated e-mail whenever an assessment is completed and can subsequently retrieve the completed assessment from CPARS.
Contractors may access evaluations at http://www.cpars.gov/ for review and comment in CPARS.
PART III
Addendum to 52.212-1 Instructions to Offerors
1. COMPETITION REQUIREMENTS
This requirement is being solicited through full and open competition with a small business reserve with one contract award reserved for small business.
The Government anticipates, but does not guarantee, to make an award by January 17, 2025.
2. AGENCY CONTACTS
Christina McMurtry, Contract Specialist, christina.mcmurtry@dot.gov Carolyn Lethert, Contract Specialist, carolyn.lethert@dot.gov HCFA-32 Inbox, HCFA-32SRI@dot.gov
3. INSTRUCTIONS FOR PREPARATION FOR PROPOSALS
Clarity and completeness are of the utmost importance in the proposal. With the exceptions of the responsibility determination and past performance evaluations, only material contained within the proposal will be considered in the source selection evaluation and selection process.
This RFP is written IAW FAR Part 12 – Acquisition of Commercial Products and Commercial Services in conjunction with FAR Part 15 – Contracting by Negotiation.
NOTE: The Government’s evaluation criteria are outlined in FAR Clause 52.212-2, Evaluation -Commercial Products and Commercial Services. Offerors are advised to carefully review FAR Clause 52.212-2 in preparing their proposal submissions.
4. PROPOSAL FORMAT
The format of the proposal volumes discussed below shall be as follows:
| (a) | Proposals shall be formatted for 8½ x 11-inch paper. The electronic documents shall be in Microsoft Word, Adobe PDF format, or Microsoft Excel. |
| (b) | Text shall be formatted using a Times New Roman or Arial font, size no less than 12-point font. |
| (c) | Page margins (exclusive of headers and footers) shall be a minimum of 1inch top, bottom and each side. Columns shall not be used as they are difficult to read electronically. |
| (d) | Footnotes, legends, or labels associated with tables or diagrams, and other information that is ancillary to the main text, may be presented in a font size smaller than 12-point font---provided that any such smaller font is fully legible. |
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