693JJ325R000014.pdf

693JJ325R000014

SOLICITATION, OFFER AND AWARD

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

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

ORDER UNDER DPAS (15 CFR 700)

6. REQUISITION/PURCHASE NUMBER

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

NEGOTIATED (RFP)

SEALED BID (IFB)

5. DATE ISSUED

1. THIS CONTRACT IS A RATED RATING PAGE OF PAGES

1 43

C. E-MAIL ADDRESS

EXT.NUMBERAREA CODE

B. TELEPHONE (NO COLLECT CALLS)A. NAME

10. FOR

INFORMATION

CALL:

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

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

SOLICITATION

9. Sealed offers in original and

PART IV - REPRESENTATIONS AND INSTRUCTIONS

OTHER STATEMENTS OF OFFERORS

EVALUATION FACTORS FOR AWARD

INSTRS., CONDS., AND NOTICES TO OFFERORS

REPRESENTATIONS, CERTIFICATIONS AND

LIST OF ATTACHMENTS

CONTRACT CLAUSES

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

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L

M SPECIAL CONTRACT REQUIREMENTS

CONTRACT ADMINISTRATION DATA

DELIVERIES OR PERFORMANCE

INSPECTION AND ACCEPTANCE

PACKAGING AND MARKING

DESCRIPTION/SPECS./WORK STATEMENT

SUPPLIES OR SERVICES AND PRICES/COSTS

SOLICITATION/CONTRACT FORM

PART II - CONTRACT CLAUSESPART I - THE SCHEDULE

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D

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

11. TABLE OF CONTENTS

18. OFFER DATE17. SIGNATURE

SUCH ADDRESS IN SCHEDULE.

IS DIFFERENT FROM ABOVE - ENTER

15C. CHECK IF REMITTANCE ADDRESS

EXT.NUMBERAREA CODE

15B. TELEPHONE NUMBER

(Type or print)AND

ADDRESS

OF

OFFEROR

CODE FACILITY

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

DATEAMENDMENT NO.DATEAMENDMENT NO.

and related documents numbered and dated):

amendments to the SOLICITATION for offerors

(The offeror acknowledges receipt of

14. ACKNOWLEDGEMENT OF AMENDMENTS

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

(See Section I, Clause No. 52.232.8)

13. DISCOUNT FOR PROMPT PAYMENT

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

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

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

OFFER (Must be fully completed by offeror)

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

28. AWARD DATE

(Signature of Contracting Officer)

27. UNITED STATES OF AMERICA

25. PAYMENT WILL BE MADE BY

26. NAME OF CONTRACTING OFFICER (Type or print)

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

ITEM

(4 copies unless otherwise specified)

23. SUBMIT INVOICES TO ADDRESS SHOWN IN

41 U.S.C. 3304 (a) ( 10 U.S.C. 2304 (c) (

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

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

AWARD (To be completed by government)

CODE

02/20/2025 X

693JJ3

FEDERAL HIGHWAY ADMINISTRATION

OFC OF ACQUISITION AND GRANTS MGMT

1200 NEW JERSEY AVE., SE

WASHINGTON DC 20590

1300 ET 04/07/2025

See Section L Amalia.Rodezno@dot.gov Jonathan.Agudelo@dot.gov

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PAGE(S)

AMALIA RODEZNO

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition is unusable

STANDARD FORM 33 (REV. 6/2014)

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

3-7 11-16 17-20

21-23

25-33

34-40

41-43

12. In compliance with the above, the undersigned agrees, if this offer is accepted within _____0_________ calendar days (60 calendar days unless a different period is inserted

Email addresses shown in 10c

SECTION B - Supplies or Services and Prices

B.1 CONTRACT SUMMARY

This is a non-personal services contract to provide personnel, material, equipment, services, tools, supplies, engineering, transportation, facilities, and supervision to support the “Developing Pedestrian Realistic Artificial Datasets (RADs)” as described in Section C below.

B.2 CONTRACT PRICING

The Government anticipates award of a Firm-Fixed Price (FFP) Contract.

CLIN

Contract Line Item Number Description Type Price

00101 Developing Pedestrian RADs FFP $

Total: $

NOTE: The Offeror may propose a payment schedule based on completion of deliverables and Contracting Officer’s Representative (COR) acceptance of tasks and/or deliverables. Payments for a percentage of completion will not be accepted.

(End of Section B)

SECTION C – Statement of Objectives

The Statement of Objectives (SOO) provides the basic, top-level objectives, and is provided in lieu of a government-written statement of work (SOW) or performance work statement (PWS). It provides potential offerors the flexibility to develop cost-effective solutions and the opportunity to propose innovative alternatives for meeting the objectives. The Federal Highway Administration’s (FHWA) Office of Safety and Operations Research and Development is seeking ways (including potential artificial Intelligence’s role) to develop realistic artificial datasets of pedestrian volumes (counts) for various roadway types to be useful for developing crash modification factors (CMFs) and planning pedestrian facility.

STATEMENT OF OBJECTIVES

1. PURPOSE:

Transportation agencies face the challenge of improving safety for all road users and have generally developed mode-specific programs within their departments to develop solutions related to specific modes and identified safety problems. This is especially true for nonmotorized road users. Given the rise in pedestrian and bicyclist fatalities across the U.S. in the past decade, many agencies are interested in taking steps to improve safety for the most vulnerable road users.

Pedestrian fatalities in urban areas increased by 81 percent since 2013. Pedestrian crashes accounted for nearly 18 percent of all traffic fatalities in 2022, while 81 percent of pedestrian and 79 percent of bicycle fatalities occurring in urban settings thus, context matters. In 2021, the United States Department of Transportation (USDOT) initiated the National Roadway Safety Strategy (NRSS) that recognizes that no life should be lost on our nation’s roadways. USDOT is committed to eliminating serious and fatal injuries on the nation’s roadways and has adopted the Safe System Approach (SSA) to help support this goal. The SSA understands that human error is inevitable and that human bodies can only withstand a certain level of kinetic energy before yielding serious and fatal injuries. As part of this, a Safe System is designed to encourage vehicles to operate at speeds appropriate to the context. For example, urban areas would have lower speeds due to the different types of users interacting in a space with many uses (e.g., parked vehicles, driveways, intersections).

Pedestrians and bicyclists are more vulnerable as they have smaller mass and travel at speeds much less than regular vehicles. To implement a data-driven, strategic approach to improving highway safety for vulnerable road users (VRU), pedestrian data and specifically pedestrian counts is crucial for understanding pedestrian behavior, identifying high risk areas, and designing safer urban spaces. Analyzing pedestrian counts helps researchers and city planners implement effective safety countermeasures, such as improved crosswalks and traffic signals, ultimately reducing the risk of accidents and enhancing overall pedestrian safety.

The USDOT/ FHWA is seeking innovative ideas to develop artificial pedestrian counts for research and planning of pedestrian facilities.

2. SCOPE OF MISSION:

The objective of this research is to determine availability of pedestrian counts, data gaps for pedestrian research to develop CMFs, and to develop a realistic artificial dataset (RAD) of pedestrian volume for different roadway types. The secondary objective is to develop use cases demonstrating the usage of pedestrian count RADs and promote/market the product to wide range of stakeholders as a tool for research, planning and operation of pedestrian facility.

3. PERIOD AND PLACE OF PERFORMANCE:

The period of performance will be 30 months from the date of award. The work will be done at the performing organization’s facilities.

4. BACKGROUND:

Historically, crashes have been viewed as the result of an error on the part of the individual roadway user—a law or rule was broken, a wrong decision made. The SSA acknowledges that humans make mistakes and, importantly, are vulnerable to the forces that occur during a crash.

By focusing on eliminating fatal and serious injuries, the SSA inherently places a priority on pedestrians and bicyclists who are at a higher risk of fatal or serious injury than a person driving or traveling in a motor vehicle. Additionally, FHWA submitted a Complete Streets Report to Congress (CSRTC) that outlined goals that support safe and comfortable transportation systems for all users and all abilities. Thus, understanding the narrative of pedestrian and bicycle activity is key to supporting this goal of eliminating serious and fatal injuries. For example, pedestrian and bicycle exposure data can help define non-motorized roadway activity and support complimentary analyses (e.g., safety, operations, planning). However, collection of this data continues to be problematic for both researchers and practitioners, as it is hard to obtain data that is both accurate and robust.

Determining pedestrian counts is critical for meaningful pedestrian safety research and for developing countermeasures and CMFs. Historically, collecting pedestrian volumes is done by physically counting the pedestrians at a location for a period of time and applying a model to get the counts for a longer period of time like Average Annual Daily Traffic (AADT). This method is resource intensive and not practical in large scale application. Additionally, the problem becomes more challenging as the pedestrian counts depend on factors such as: surrounding land uses, transportation system attributes, neighborhood socioeconomic characteristics to name a few. The surrounding land use affects foot traffic patterns, infrastructure and public transit availability impacts pedestrian flow and socioeconomic characteristics (e.g., population density), and economic activity further complicates accurate counts. Thus, these interconnected variables make it difficult to establish a one-size-fits-all approach to count pedestrians. One possible solution is to generate realistic artificial pedestrian volumes by considering some of these interconnected attributes and developing counts for various roadway functional classifications.

RAD can be a useful tool for research on highway safety. Specifically, areas where the use of RAD could be beneficial are determining a sample size or assessing a new estimation method, comparing methods to analyze alternatives, evaluating ways to generate multivariate models, and/or filling in data gaps such as pedestrian volumes for VRU safety research. Developing safety models and crash modification factors for pedestrian safety requires identifying causal relationships in the data, the use of average values for variables, variable errors, missing variables and complex variable dependencies, and the use of simple mathematical functions.

RAD offers an innovative way to address these challenges by developing models that can accurately predict crash frequencies, explain the cause-and-effect relationships between pedestrian crashes and independent variables, and be used to develop models that generate pedestrian volumes which presents a major gap in developing any CMF.

The lack of pedestrian exposure for non-traditional functional classifications such as: Rural, Rural Town, Suburban, Urban and Urban Core are critical gaps in performing any meaningful pedestrian research and developing pedestrian safety countermeasures.

The RAD or RAD generating software can be developed by gathering data in a variety of ways such as, but not limited to:

• Knowledge of subject matter experts (SME),

• Body of research performed, and statistical models developed on the given subject,

• Formulas present in literature and design guides such as the American Association of

State Highway and Transportation Officials’ (AASHTO) A Policy on Geometric Design of Highways and Streets (Greenbook),

• Simulating data from real world scenarios,

• Employing Artificial Intelligence and Machine Learning techniques to generate data,

• Demographic data,

• Environmental Factors,

• Pedestrian Behavior,

• Traffic and Pedestrian Infrastructure,

• Telematics,

• Socioeconomic Factors,

• Crowd-sourced data from mobile apps, and

• Pedestrian Exposure Data Sources from various State Departments of Transportation

(DOTs)

Under FHWA’s Exploratory Advanced Research (EAR) program, two RAD software have been developed, MIMIC and DREDGE. MIMIC was developed by University of Missouri team and DREDGE was developed by University of Connecticut and University of Central Florida teams.

Following are the links to the final reports of the two projects and general description of RADs:

https://www.fhwa.dot.gov/publications/research/ear/20047/

MIMIC—Multidisciplinary Initiative on Methods to Integrate and Create Realistic Artificial Data DREDGE Vol I https://highways.dot.gov/research/publications/safety/FHWA-HRT-23-121 DREDGE Vol II https://highways.dot.gov/research/publications/safety/FHWA-HRT-23-122 https://www.fhwa.dot.gov/publications/research/ear/20047/ https://highways.dot.gov/research/publications/safety/FHWA-HRT-23-015 https://highways.dot.gov/research/publications/safety/FHWA-HRT-23-015 https://highways.dot.gov/research/publications/safety/FHWA-HRT-23-121 https://highways.dot.gov/research/publications/safety/FHWA-HRT-23-122

The application of the above RADs is to test the study design and analysis methods, rank the models developed by the researchers and to determine if different study designs and analysis approaches are effective in development of the models. However, the RADs to be developed under this task order will have a different purpose. The RAD developed for generating pedestrian volumes would be used as an input (exposure) to any potential pedestrian safety research, planning, design, operations of pedestrian facility and evaluation of any Complete Streets application for pedestrians in the absence of actual pedestrian counts.

5. PERFORMANCE OBJECTIVES, GOALS AND OUTCOMES:

The Contractor will create and coordinate a proposed research plan with the FHWA’s Technical Point of Contact. The proposed research plan will identify sufficient details to demonstrate an approach of how to achieve the performance outcome through use cases.

The performance goal of this effort is to develop realistic artificial pedestrian counts dataset(s), perform validation and quality checks of RADs, develop use cases to demonstrate the utility of these RADs, and promote/market these RADs to a wide range of stakeholders so that it can be used a as a research and planning tool for designing pedestrian facilities.

The major performance objectives of the research plan are as following:

• Conduct comprehensive literature review and determine gaps in availability of pedestrian counts data and availability of pedestrian data for safety research and developing CMFs for pedestrian crashes.

• Develop a standalone (static) pedestrian count RADs or a software application that would generate pedestrian count RADs for different roadway facilities by inputting initial parameters.

• Develop a user guide for each of the RADs.

• Develop use cases to demonstrate the utility of developed RADs for safety research, CMF development and planning and operation of pedestrian facilities.

• Market/promote the developed RADs to a wide range of stakeholders, including but not limited to, State DOTs, planners, metropolitan organizations, local governments, and researchers.

• Develop draft documentation material for FHWA to review for each of the tasks listed below:

o Literature Review and gaps analysis o A work plan for developing RADs o Description of use cases and their implementation o Marketing plan to promote and demonstrate RAD usability o Develop and deliver a presentation of the project highlighting all the tasks.

• Develop final documentation material for tasks listed above after receiving the comments from FHWA

The Contractor is expected to provide task order management support. The Contractor will provide a Kick-Off Meeting for the project with the Contracting Officer’s Representative (COR), and other Government personnel, as appropriate. The Contractor must utilize the Kick-Off Meeting: (a) to present its Draft Management Plan to the COR, and (b) to receive guidance from the COR in finalizing the scope and specifics of the Final Management Plan. The Kick-Off Meeting shall be conducted virtually using Microsoft Teams over the Internet.

The Contractor must hold the Kick-Off Meeting within two weeks from the date of award unless the COR agrees to a delay and provide the Kick-Off Meeting Minutes within one week after the Kick-Off Meeting.

For the Kick-Off Meeting, the Contractor must provide a Draft Management Plan. The Draft Management Plan must include all pertinent work information including, but not limited to, full descriptions of the tasks to be completed under the task order, methodology/approach expected to be employed, timeline (e.g., Gantt chart), staff labor/cost distribution by task, channels of communication, and deliverable due dates. The Contractor must make the Draft Management Plan available to the COR for review at least two business days prior to the Kick-Off Meeting unless the COR agrees to a delay. The Draft Management Plan must include scope, task descriptions and deliverables, schedule, management and staffing plan, travel plan, and risks and assumptions. The COR will review the Draft Management Plan and provide comments to the Contractor, which must incorporate the feedback in a revised, Final Management Plan, which must be submitted four weeks after the Kick-Off Meeting.

Following the Kick-Off Meeting, the Contractor must coordinate biweekly Regular Status Meetings with the COR and other FHWA staff to provide updates on progress, schedule, risks, and how the Contractor plans to mitigate the risks.

The Contractor must attend regular progress meetings. The Contractor must prepare meeting agendas and presentation materials and deliver them to the COR three days prior to each meeting. The CO or COR, and other Government personnel, as appropriate, may meet periodically with the Contractor to review the Contractor's performance. At these meetings, the CO will apprise the Contractor of how the Government views the Contractor's performance and the Contractor will apprise the Government of problems, if any, being experienced. Appropriate action must be taken to resolve outstanding issues. These meetings must be at no additional cost to the Government.

The Contractor must provide a Monthly Progress Report to the COR throughout the duration of the project by the 15th of each month. Each report must include project progress, findings, next steps, problems, and recommended actions.

(End of Section C)

SECTION D - Packaging and Marking

D.1 PACKAGING

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

D.2 MARKINGS

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

(a) Contract number;

(b) Name and address of the consignor;

(c) Name and address of the consignee;

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

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

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

D.3 F.O.B. POINT

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

Federal Highway Administration Turner-Fairbank Highway Research Center

6300 Georgetown Pike McLean, Virginia 22101

Attn: TBD

(End of Section D)

SECTION E - Inspection and Acceptance

E.1 INSPECTION AND ACCEPTANCE

All work hereunder shall be subject to review by the Government. The COR is responsible for inspection and acceptance of all incoming shipments, documents, and services. Acceptance of the final deliverables shall be made in writing by the COR.

E.2 CLAUSES INCORPORATED BY REFERENCE

52.246-7 Inspection of Research and Development—Fixed Price Aug 1996

(End of Section E)

SECTION F - Deliveries or Performance

F.1 PERIOD OF PERFORMANCE

The period of performance for the contract is 30 months. The Contractor is advised to allow up to six months following final deliverable submission to address items raised during the FHWA publications process.

F.2 METHOD OF DELIVERY

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

F.3 PLACE OF DELIVERY

The Contractor shall submit interim and final deliverables electronically to the COR. The Contractor shall include the contract number in the email for each deliverable.

F.4 DELIVERABLE/DELIVERY SUMMARY

CONTRACT

SECTION DELIVERABLE FREQUENCY

# OF COPIES

MEDIUM/FORMAT

Note: Offerors will be required to provide a deliverables chart like the one above in their draft statement of work provided in their proposals.

F.5 PLACE OF PERFORMANCE

The work performed under this Contract shall be accomplished at the Contractor’s facility or other Contractor-approved location unless directed otherwise in writing by the Contracting Officer.

F.6 CLAUSES INCORPORTED BY REFERENCE

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

(End of Section F)

SECTION G - Contract Administration Data

G.1 CONTRACT ADMINISTRATION DATA

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

Specifically, the Contractor shall designate a single program manager to oversee this contract and supervise staff assigned to this contract.

G.2 CONTRACTING OFFICER’S AUTHORITY

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

G.3 PAYMENT

For each FFP CLIN, the payment of the prices delineated in Section B.2 to be made after COR acceptance in writing of the applicable completed tasks and/or deliverables and receipt of a proper invoice.

G.4 TRAVEL AND PER DIEM

Travel is not anticipated but the Contractor may be required to travel during the performance of this task order to attend meetings, workshops, conferences, training, etc. All travel requires Government approval/authorization and notification to the COR. If the contractor is required to travel a modification will be done to the task order to provide funding for travel.

If the contract is modified to allow for travel, the Contractor shall invoice in accordance with FAR 31.205-46, Travel Costs, and Federal Travel Regulations, and must submit documentation of all travel costs.

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

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

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

G.5 INVOICES

ELECTRONIC SUBMISSION OF PAYMENT REQUESTS

(a) Definitions. As used in this clause—

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

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

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

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

(b) Electronic payment requests. Except as provided in paragraph (e) of this clause, the

Contractor shall submit payment requests in electronic form. Purchases paid with a Governmentwide commercial purchase card are considered to be an electronic transaction for purposes of this rule, and therefore no additional electronic invoice submission is required.

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

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

(1) Invoice number and invoice date.

(2) Period of performance covered by invoice.

(3) Contract number and title.

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

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

(6) Total ($) of billing.

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

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

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

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

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.

https://gcc01.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.login.gov%2F&data=04%7C01%7Cgunnar.prutz%40dot.gov%7C0a326690e73c4b6562d808d88d6721ef%7Cc4cd245b44f04395a1aa3848d258f78b%7C0%7C0%7C637414821370639196%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=QBUR6h0uVx%2FvrvRn6an7B8t56D%2BLZU6bwNxtCaG3viM%3D&reserved=0 https://login.gov/help/creating-an-account/how-https://login.gov/help/creating-an-account/how-mailto:HCFA-10@dot.gov https://einvoice.esc.gov/ https://gcc01.safelinks.protection.outlook.com/?url=http%3A%2F%2Feinvoice.esc.gov%2F&data=04%7C01%7Cgunnar.prutz%40dot.gov%7C0a326690e73c4b6562d808d88d6721ef%7Cc4cd245b44f04395a1aa3848d258f78b%7C0%7C0%7C637414821370639196%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=SETomh1dP1mdGdyRgq04kx7I4%2BuwjkX3rVLM0u4c1DY%3D&reserved=0 https://gcc01.safelinks.protection.outlook.com/?url=http%3A%2F%2Feinvoice.esc.gov%2F&data=04%7C01%7Cgunnar.prutz%40dot.gov%7C0a326690e73c4b6562d808d88d6721ef%7Cc4cd245b44f04395a1aa3848d258f78b%7C0%7C0%7C637414821370649154%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=z0hRpzShNue%2Fsq4%2Fkg6leBVeZZSvbyIQFJteDG24jKE%3D&reserved=0 mailto:HCFA-10@dot.gov mailto:HCFA-10@dot.gov http://www.dot.gov/cfo/delphi-einvoicing-

All waiver requests shall be sent via mail to:

Director of the Office of Financial Management US Department of Transportation, B-30 Office of Financial Management, Room W93-431 1200 New Jersey Avenue SE Washington DC 20590-0001 or electronically to: DOTeInvoicing@dot.gov

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

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

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

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

MMAC

FHWA/AMZ-150

6500 MacArthur Blvd. Oklahoma City, OK 73169 Attention: (Accounting Technician)

Express Delivery Point of Contact: Lead Account Technician, 405-954-8252

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

Final Invoices

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

G.6 TECHNICAL DIRECTION

Performance of the work under this contract is subject to the Technical Direction of the Contracting Officer’s Representative (COR).

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

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

mailto:DOTeInvoicing@dot.gov

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

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

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

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

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

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

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

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

G.7 CONTRACTING OFFICER’S REPRESENTATIVE (COR)

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

(b) The Contracting Officer has designated TBD as the Contracting Officer’s Representative for this award. The COR’s responsibilities shall include technical monitoring of the Contractor’s performance on the overall contract award and inspecting and accepting deliveries under the contract. The COR shall be appointed in writing, at which time ALL of the responsibilities of the COR shall be detailed, and a copy of the appointment memorandum shall be furnished to the Contractor. Any changes to the COR delegation shall be made in writing through modification to this contract and changes to the existing memorandum or by issuance of a new appointment memorandum. Copies of any changes shall be provided to the Contractor.

(c) The COR is not authorized to perform, formally or informally, any of the following actions:

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

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

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

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

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

(d) The Contractor shall comply with the written or oral direction of the Contracting Officer or authorized representative(s) acting within the scope and authority of the appointment memorandum. The Contractor need not proceed with direction that it considers having been issued without proper authority. The Contractor shall notify the Contracting Officer in writing, with as much detail as possible, when the COR, if applicable, has taken an action or has issued direction (written or oral) that the Contractor considers exceeding the COR 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.

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

G.8 CONTRACTOR SUPERVISION

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

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

G.9 LIABILITY

The Government cannot indemnify the Contractor or its subcontractor(s) from liability as a result of the performance of work under this contract. Therefore, the Contractor is required to obtain adequate property, vehicle and liability insurance during the entire period of performance, as appropriate, in accordance with the clause at FAR 52.228-7, which is incorporated into this contract in Section I. Evidence of such insurance must be submitted to the Contracting Officer as a condition of award.

(End of Section G)

SECTION H - Special Contract Requirements

H.1 NON-PERSONAL SERVICES CONTRACT

This contract is a non-personal services contract as defined in the FAR at subpart 37.101. It is understood and agreed that the Contractor and/or Contractor’s employees and subcontractors:

(1) shall perform the services specified herein as independent Contractors, not as employees of the government;

(2) shall be responsible for their own management and administration of the work required and bear sole responsibility for complying with any and all technical, schedule, or financial requirements or constraints attendant to the performance of this contract;

(3) shall be free from supervision or control by any government employee with respect to the manner or method of performance of the services specified; but

(4) shall, pursuant to the government’s right and obligation to inspect, accept or reject the work, comply with such general direction of the Contracting Officer, or the duly authorized representative of the Contracting Officer, as is necessary to ensure accomplishment of the contract objectives.

H.2 PROCUREMENT AUTHORITY

The Federal Highway Administration, Office of Acquisition and Grants Management, is the only office and agency that is authorized to modify, suspend, or terminate performance under this Contract. The CO is the only individual authorized to perform these functions.

H.3 REQUIREMENTS FOR IMPLEMENTING SECTION 508 STANDARDS

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

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

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

telecommunications equipment; customer premises equipment; multifunction office machines;

software; applications; Web sites; videos; and, electronic documents.”

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

Applicable Standards:

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

• Appendix B to Part 1194 – Section 255 of the 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.

H.4 POST-AWARD EVALUATION OF CONTRACTOR PERFORMANCE

(a) Annual 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 https://www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-ict-refresh/final-rule/text-of-the-standards-and-guidelines#appendix-a https://www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-ict-refresh/final-rule/text-of-the-standards-and-guidelines#appendix-a https://www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-ict-refresh/final-rule/text-of-the-standards-and-guidelines#appendix-b https://www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-ict-refresh/final-rule/text-of-the-standards-and-guidelines#appendix-b https://www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-ict-refresh/final-rule/text-of-the-standards-and-guidelines#appendix-c https://www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-ict-refresh/final-rule/text-of-the-standards-and-guidelines#appendix-c https://www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-ict-refresh https://www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-ict-refresh https://www.fhwa.dot.gov/508/docs/form4260.pdf https://www.fhwa.dot.gov/508/docs/form4260.pdf http://www.cpars.gov/ 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.

H.5 GOVERNMENT FURNISHED OR CONTRACTOR ACQUIRED PROPERTY

Equipment provided by the Government or acquired by the Contractor for the performance of work under this contract shall be maintained and accounted for in accordance with the provisions of FAR Part 45. At the conclusion of the contract, all equipment provided by the Government to the Contractor shall be returned to the Government in the same condition as when provided to the contractor, less normal wear and tear. The Contractor is responsible for transporting all equipment to FHWA, F.O.B Destination, at the conclusion of the contract.

H.6 DISSEMINATION OF CONTRACT INFORMATION

The Contractor shall not publish, permit to be published, or distribute information, oral or written, concerning the results or conclusions made pursuant to the performance of this contract, without the prior written consent of the Contracting Officer. The COR and the CO shall be afforded the opportunity to review all Contractor communications and/or correspondence with the media regarding this effort at least 72 hours prior to public release. An electronic copy of any material proposed to be published or distributed shall be submitted to the Contracting Officer, and the COR.

Note to Offerors: Offerors that are educational institutions will be subject to the TAR clause 1252.242-70 Dissemination of Information – Educational Institutions (OCT 1994) in lieu of H.13. Any resulting contract to an educational institution will reflect deletion of H.6 and insertion of 1252.242-70.

H.7 ACKNOWLEDGEMENT OF SUPPORT AND DISCLAIMER

An acknowledgment of FHWA support and a disclaimer must appear in any publication of any material, whether copyrighted or not, based on or developed under this order in the following terms:

“This material is based upon work supported by the Federal Highway Administration under contract number [filled in at award].”

Additionally, all materials must 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.”

http://www.cpars.gov/

H.8 SOURCE CODE FOR SOFTWARE

Notwithstanding any other clause in this contract, the FHWA will have “unlimited rights,” as that term is defined in FAR 27.401, in the software and source code delivered under this contract. As a result, the FHWA may modify and distribute the software and source code to the public without restriction.

H.9 CONTRACTOR LIABILITY

The Contractor shall protect, defend, indemnify, save, and hold harmless the United States Government and its employees or agents, from and against any and all claims, demands, expenses, causes of action, judgments and liability arising out of, or in connection with, any negligent acts or omissions of the Contractor, its agents, subcontractors, employees, assignees, or anyone for whom the Contractor may be responsible. The Contractor shall also be liable for any and all costs, expenses and attorney’s fees incurred as a result of any such claim, demand, cause of action, judgment or liability, including those costs, expenses, and attorney’s fees incurred by the United States Government and its employees or agents. The Contractor’s liability shall not be limited by any provision or limits of insurance set forth in the resulting contract.

(End of Section H)

SECTION I - Contract Clauses

I.1 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.