693JJ924R000026 SATF Reurfacing (UTQG) Asphalt Test Surface Project.pdf

693JJ924R000026

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 57

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.

I

J

K

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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G

F

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D

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B

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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. 253 (c) ( 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

693JJ924RQ00014906/14/2024

X

693JJ9

National Highway Traffic Safety Adm Office of Acquisition Management 1200 New Jersey Avenue, S.E.

Washington DC 20590

1600 ES 07/15/2024

Thomas Bub 202 thomas.bub@dot.gov

366-9571

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X

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PAGE(S)

Vincent Lynch

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition is unusable

STANDARD FORM 33 (Rev. 9-97)

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

3-7 8-9 11-13 14-20 21-23

24-33

35-44

45-54

55-57

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

Resurface San Angelo Test Facility (SATF) Asphalt Traction Test Surface

PART I - THE SCHEDULE

SECTION B – SUPPLIES OR SERVICES, AND PRICE/COSTS

B.1 SUPPLIES OR SERVICES

a. The Contractor shall furnish all the necessary qualified personnel and services to perform the effort entitled: “Resurface San Angelo Test Facility (SATF) Asphalt Traction Test Surface” to support the National Highway Traffic Safety Administration’s (NHTSA’s), Office of Vehicle Safety Compliance (OVSC) to perform tests of Uniform Tire Quality Grading (UTQG) system in accordance with regulation (49 C.F.R. Part 575.104). All support services provided to the Government shall be performed by the Contractor’s employees or personnel otherwise retained by the Contractor to fulfill specific work requirements of this Statement of Objective (SOO) and the resultant Contract.

b. The Government anticipates award of a Cost-Plus-Fixed-Fee (CPFF) Contract issued in accordance with FAR 16.306.

B.2 ESTIMATED TOTAL COST-PLUS-FIXED-FEE AMOUNT

The total estimated amount for the resultant Contract is $TBD which comprises of a total estimated cost of $TBD and a fixed fee of $TBD.

Note: The Contracting Officer (CO) is the only individual who can legally commit or obligate the Government to the expenditure of public funds. No cost chargeable to the proposed Contract can be incurred before receipt of a fully executed Contract or specific written authorization from the Contracting Officer.

B.3 SCHEDULE

The Contractor shall provide all the necessary qualified personnel, supplies, and services to execute a Cost contract in accordance with the Statement of Work and other terms and conditions of this Contract.

(End of Section B)

SECTION C –

STATEMENT OF OBJECTIVES (SOO) FOR

UNIFORM TIRE QUALITY GRADING STANDARDS – BASE COURSE

RESURFACING

C.1 PURPOSE

The objective of this contract is to replace the asphalt UTQG traction test surface located at the San Angelo Test Facility (SATF) located on Goodfellow Air Force Base (GAFB) in San Angelo, Texas (TX) with a durable surface that yields 8 to 10 years of useful life within the test surface requirements specified in 49 C.F.R. § 575.104.

This may include, but is not limited to, identifying a suitable replacement asphalt mix with test strips, removing the existing surface, placing a new asphalt surface, and re-painting the required lines.

The new test surface must provide a coefficient of friction within or slightly above the allowable range of the Uniform Tire Quality Grading System (UTQGS) regulation (49 C.F.R. Part 575.104). The target coefficient of friction for the new test surface is 0.55 to 0.62 with sufficient durability to remain within the UTQGS specification for a duration of 8-10 years at existing test volumes.

C.2 BACKGROUND

The National Highway Traffic Safety Administration (NHTSA) performs testing in accordance with the UTQGS at the Office of Vehicle Safety Compliance’s (OVSC’s) San Angelo Test Facility located on the grounds of Goodfellow Air Force Base in San Angelo, Texas (TX).

NHTSA operates an oval test track with an asphalt traction test surface area that is approximately 1000 feet long and 75 feet wide to conduct UTQG Compliance Program Testing at the SATF.

The asphalt traction test surface was last resurfaced in September 2013. The surface is used by OVSC to perform traction testing for enforcement of the UTQG consumer information program.

The test surface is also used by outside entities to perform traction testing.

C.3 SCOPE

The contractor shall provide all required services and materials to replace the existing UTQGS asphalt traction test surface at SATF with a new test surface. The contractor’s services will likely include, but is not limited to: asphalt mix design, asphalt mixing capabilities, asphalt paving, pavement milling and disposal, aggregate sealcoat, and painting of lane stripes.

The new test surface must meet the performance objectives with emphasis on the surface friction coefficient, durability, and smoothness.

All work completed must be in compliance with all applicable rules and regulations of GAFB.

C.4 PERFORMANCE OBJECTIVES

C.4.1 General Objectives and Operating Constraints

The contractor shall comply with all applicable requirements of GAFB and obtain any federal, state or local approvals needed prior to the start of work. This includes, but is not limited to:

1. Obtaining security clearance for all employees and subcontractors that will be on-site at SATF. This process can take between 2-4 weeks to complete. The general requirements may be found at: https://www.goodfellow.af.mil/Home/Visitor-Control-Center-Gate- Information/

2. Meet all other AFB requirements that are in effect at and during time of project, including but not limited to, obtaining environmental approval for all materials required to complete the project. The Contractor shall contact the Goodfellow Air Force Base Civil Engineering Service Desk at 325-654-3436 for the specific requirements.

3. Ensure that its equipment and operations does not interfere with AFB operations at any time during project.

4. Parking on turf or base roads is not permitted without prior approval from the COR.

5. All equipment, (e.g., vehicles) must pass through an inspection station when accessing the AFB or entering the AFB. The inspection station is located at:

4368 S Chadbourne St.

San Angelo, TX 76905

Note: The inspection station is located at the south gate, near the visitor’s center entrance to the base.

6. Maintain a clean and orderly worksite throughout the entirety of the project and ensure that all materials are properly disposed of outside the limits of Government property.

Leave the work site and any storage area(s) in a clean, neat, and orderly condition as determined by the COR prior to final departure.

7. Meet all applicable Occupational Safety and Health Administration (OSHA) regulations while executing Contract activities.

8. Meet all applicable federal, state, and local laws, regulations, ordinances, and standards related to any environmental matters.

9. Execute the work for this project in the best and most competent manner, by qualified and efficient personnel, skilled in their respective trades and coordinate and perform all operations in a manner that will result in a professional and expeditiously completed project. The work must be conducted in strict accordance with prevailing industry standards and manufacturer’s instructions. All work and materials need to comply with industry best practices for quality and technical/performance requirements for this project, including all applicable federal, state and local regulations, guidelines, and codes.

10. Operate within the normal working hours for SATF personnel, which are Monday through Friday between the hours of 7:00 a.m. and 4:00 p.m. excluding Saturdays, Sundays, and Federal holidays. If noncontractor personnel (e.g. federal or NHTSA contractor personnel) are reasonably available, the Contracting Officer may authorize the Contractor to perform work during periods other than the normal tour of duty for work hours/days.

11. Participate in a Kick-Off meeting with the Contracting Officer’s Representative (COR), Contracting Officer (CO), and other NHTSA staff. The Kickoff meeting will take place via teleconference and will be approximately two hours in length where the offeror will make a brief presentation of their understanding of the contract requirements. After the presentation, the parties shall discuss basic contract requirements, including the schedule for evaluations and operational procedures. Washington, DC, based NHTSA staff may join via teleconference for these discussions.

12. Include in any subcontract the terms and conditions of the awarded contract.

13. Repaving of asphalt traction test surface area that is approximately 1000 feet long and 75 feet wide meeting the target coefficient of friction for the new test surface that is between

0.55 to 0.62 with sufficient durability to remain within the UTQGS specification of (0.4 to 0.6) for a duration of 8-10 years at existing test volumes.

C.4.2 Phase One (1) Identification of Asphalt Mix Design Objectives

The primary objective of the contract is to provide a test surface with a surface coefficient of friction that is within the target range of 0.55 to 0.62 and with sufficient durability to provide a useful life of 8-10 years. The government will provide historical mix design documentation as reference material for the contractor.

The government must be able to conduct quality assurance testing using its own equipment of the proposed asphalt mix design to determine if the performance requirements are met prior to the full test surface being paved. These evaluations must be completed using existing SATF equipment and processes.

The Contractor may propose options to meet the Government’s ability to conduct quality assurance. One method to satisfy this objective is to place a test strip of the proposed asphalt mix design at SATF or another location (upon approval by the government and within a 150-mile radius of SATF) that SATF can access and evaluate in a manner consistent with the location at SATF. A test strip shall be a minimum of 10 feet wide and 150 feet long; if located at the SATF it shall be placed on the shoulder area adjacent to the existing asphalt test surface. The Government will perform testing and evaluations on the test strip to determine if the test strip coefficient of friction is within the target range of 0.55 to .062 and durability to provide a useful life of 8-10 years. The manner in which quality assurance is conducted is within the sole discretion of the Government. The quality assurance process shall consist of the following:

1. The evaluation will commence once the surface has cured (approximately 2 weeks depending on weather). The Government will burnish and test the surface for wet traction coefficient of friction and durability. The evaluation process may take up to three weeks.

a. The friction coefficient will be evaluated using the UTQG test method, which is similar to the ASTM E 274-70 test procedure using an ASTM E 501 test tire at 40

MPH.

2. Following the evaluation, the Government will share the results of testing with the contractor and discuss whether changes to the asphalt mix is necessary before continuing onto the next phase of the project.

The quality assurance process is iterative and may require adjustments to the asphalt mix design to meet the friction coefficient or durability requirements. Once adjustments are made, a new test strip is then placed, and the process is repeated until the desired coefficient of friction target range of 0.55 to 0.62 and durability is achieved.

Phase Two (2) of the project cannot begin until the asphalt mix design has been evaluated and approved by the Contracting Officer (CO).

C.4.3 Phase Two (2) Full Asphalt Test Surface Application Objectives

Prior to placing the new test surface, the contractor must evaluate the existing test surface to determine if it must be removed, or if an overlay may be placed on top of the existing surface.

Following the evaluation, and approval notification received from the CO; the Contractor shall initiate phase two (2) of the project. Prior to paving, the contractor shall perform all necessary pre-paving activities such as repairing and/or sealing any existing cracks as well as placing an asphalt and aggregate seal coat moisture barrier layer over the entire test track area (test surface and shoulders), of approximately 1000 feet long and 105 feet wide. Afterwards, the Contractor shall repave the test track surface area of approximately 1000 feet long and 75 feet wide consistent with the following objectives.

NHTSA’s test procedure requires a traction testing apparatus consisting of a pickup truck and instrumented trailer to travel at a constant speed of 40 MPH. The new test surface must be constructed in a way that allows for very smooth transitions from the oval track road to the test surface with no perceptible impact to the driver, no damage to the test trailer, and/or enough distance for any disturbances to settle out of the suspension prior to reaching the first test location. The exit ramp of the test surface is required to meet the same requirements if traffic flow needs to be reversed on the oval track. It is critical that the final test surface shall be a continuous flat, smooth surface that is free of bumps, divots, foreign objects, or any other surface disturbances because it will cause transient disturbances in traction testing data that will increase test variability and produce bad data.

The final test surface must not contain any longitudinal or horizontal cracks and the construction seams between asphalt lays must be minimal with no vertical difference between adjacent lays.

The new asphalt layer thickness and final density must be such that the surface can support the static and dynamic loads of the trailer traction testing apparatus for the extent of the expected test surface life (8-10 years) without rutting or significant cracking. Attachment J.9, is the historical document of asphalt mix designs and contains both quality control and construction sampling data from the previous paving operation when the current test surface was last paved as a reference.

Note: The trailer traction test vehicle is a Ford F350 pickup truck with test equipment installed. The fully loaded vehicle weight is approximately 13,500 lbs. and the test surface will experience an annual average daily traffic (AADT) of approximately 40.

Transition areas between the test surface and the non-test surface, must have sufficient structural integrity to support the vehicle traffic and provide a smooth transition to the asphalt roadway surface as described above.

The new test surface must have stripes and lane markings that duplicate the color, width, and length of the old lane stripes, i.e., alternating yellow and white stripes, 10 feet long, beginning 10 feet prior to entering skid pad test surface from both directions and a lateral midpoint stripe.

The completed test surface must then be evaluated for friction coefficient and smoothness prior to final acceptance. The government will provide final acceptance within two (2) months of the lane stripes being completed.

The contractor shall develop a quality assurance plan to the requirements of the objectives in Section C. All quality assurance or quality control data and documentation for any of the materials and test surface, along with the final mix design, must be provided to the COR within 3 weeks of the government’s final acceptance of the completed test surface.

(End of Section C)

SECTION D – PACKAGING AND MARKING

D.1 GENERAL INSTRUCTIONS

Preservation, packaging, and packing of all shipments or mailing of all work delivered under this contract shall be done in accordance with good commercial practices and to insure acceptance by common carrier (if applicable) and safe transportation at the most economical rate(s).

To the maximum extent practical, the Contractor shall transmit all contract deliverables electronically (e-mail).

D.2 FORMATTING TEXT AND IMAGE DELIVERABLES (JUN 2009)

For those deliverables submitted electronically as text or image files, the following specifications apply.

D.2.1 Text

Text files shall be delivered in a format compatible with a current version of Microsoft WORD.

Font type of Times New Roman with a font size of twelve (12) shall be used throughout the document. The Contractor shall minimize additional formatting as much as possible, for example, avoid use of columns. Avoid using any design/layout elements except as described in Sections D.2.2, D.2.3, and D.2.4 below.

D.2.2 Charts and Graphs

The Contractor shall develop charts or graphs using a format compatible with a current version of Microsoft EXCEL and shall insert these in the appropriate places within the text document.

The Contractor shall also provide the Microsoft EXCEL source file from which charts or graphs were developed.

D.2.3 Illustrations

NHTSA’s Office of Communication Services is responsible for developing or acquiring most illustrations found in NHTSA publications. These illustrations can take two forms:

a. Graphics – In most cases, the Office of Communication Services will develop any needed graphics in collaboration with the COR. The Contractor shall provide text, graphs, and charts following the guidelines stipulated in D.2.1 and D.2.2 above. In some cases, the Contractor may be required to develop graphics. In these cases, the Contractor shall use only software approved by the U.S. Government Printing Office (e.g. Adobe Illustrator).

b. Photographs – When photos are used in NHTSA publications, the Office of Communication Services typically uses existing photos or photos purchased through royalty-free sources. In the event the Contractor must supply photos for use in a publication, the photos must be high resolution images at least 300 dpi at the size used in the publication. Photos shall be supplied on a CD or DVD in either .tif format (for scanned images) or .jpg (for images downloaded to the CD or DVD directly from the digital camera.). NOTE: If a photograph is supplied by an outside source (Contractor, grantee, national organization, etc.), a release form must accompany the photo indicating that the human subjects in the photo authorize NHTSA to use the photo in its publications and on its Internet site. The Contractor is responsible for ensuring that the necessary arrangements have been made with the photographer and the subjects in the photo to ensure that NHTSA has unlimited rights to use the images in print and on the web. The Contractor shall obtain, and provide to NHTSA, a written statement indicating that NHTSA has unlimited, unrestricted rights to the use of the photos.

D.2.4 Web-based Images

Occasionally, web-based images may be used in NHTSA publications. The Contractor is cautioned that copyright laws restrict use of many of these images even if this is not expressly indicated at the website. Additionally, the resolution of most web-based images is not high enough to provide a clear image when published. For these reasons, web-based images should not be used.

(End of Section D)

SECTION E – INSPECTION AND ACCEPTANCE

E.1 FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

https://www.acquisition.gov/?q=browsefar.

NOTE: Those clauses marked with an “X” are hereby incorporated by reference.

CLAUSE TITLE DATE

X 52.246-5 Inspection of Services-Cost-Reimbursement Apr 1984

E.2 INSPECTION AND/OR ACCEPTANCE

The COR will be responsible to the Contracting Officer for recommending acceptance or replacement/correction of nonconforming supplies or services that fail to meet the Contract requirements.

(End of Section E) https://www.acquisition.gov/?q=browsefar

SECTION F – DELIVERIES OR PERFORMANCE

F.1 FAR 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 (CO) will make their full text available. Also, the full text of a solicitation provision may be accessed electronically at this/these address: www.acquisition.gov.far/

Federal Acquisition Regulation (FAR) Clauses:

NOTE: Those clauses marked with an “X” are hereby incorporated by reference.

CLAUSE TITLE DATE

X 52.242-15 Stop Work Order AUG 1989

F.2 PERIOD OF PERFORMANCE

All work and services required hereunder shall not exceed twenty-four (24) months from the effective date of the contract.

Period of Performance: TBD through TBD

F.3 PLACE OF PERFORMANCE

The work to be performed under this contract shall be accomplished at the asphalt test surface for the NHTSA’s San Angelo Test Facility (SATF), located on Goodfellow Air Force Base, San Angelo, TX.

F.4 DELIVERABLES/MILESTONES

The following milestones and deliverables apply to this contract and are considered critical to the successful completion of the project. The schedule below is an estimate and will be subject to contractor availability and weather.

Delivery/Milestone Schedule

Item No.

Section

Deliverable (D) Milestone (M)

Due Date After Contract Award (ACA)

1 C.4.1.11 Kickoff Meeting (M) Within Four (4) weeks

ACA

2 C.4.1.1 Contractor submits personnel list with required information for base security checks (D)

Minimum of six (6) weeks prior to paving at

SATF

3 C.4.1.1 Personnel List is approved (M) Approximately three

(3) weeks after receipt of Item 2

4 C.4.2 Contractor and COR determine test strip start date (M)

Within twelve (12) months ACA

5 C.4.2 Contractor Places Test Strip (D) Within twelve (12) months ACA

6 C.4.2 The Government Evaluates Test Strip (M) Within six (6) weeks of item 5 completion, weather dependent

7 C.4.2 The Government Approves Mix Design (M) Within One (1) week of successful test mix evaluation

8 C.4.3 Contractor Places Full Test Surface (D) Anytime from item 7 completion to eighteen

(18) months ACA.

9 C.4.3 Contractor Paints Test Surface (D) Within two (2) weeks of item 8 completion

10 C.4.3 Accepts Final Test Surface (M) Within two (2) weeks of item 9 completion

11 C.4.3 Contractor provides SATF with all QA/QC data and final mix design

Within three (3) weeks of item 10 completion

F.5 PLACE OF DELIVERY

Unless otherwise specified, deliverables shall be furnished, electronically, to the e-mail address provided below. The COR or CO may request that hardcopy deliverables be provided via mail at the address provided below.

Item No. Address

All

Department of Transportation National Highway Traffic Safety Administration Office of Vehicle Safety (NEF-220) Attention: TBD 131 Comanche Trail Building 3527 Goodfellow AFB, Texas 76908 Telephone:

email: dot.gov

Department of Transportation National Highway Traffic Safety Administration Office of Acquisition Management (NFO-300) Attention: Thomas Bub, Contracting Specialist 1200 New Jersey Avenue, SE, W51-308 Washington, DC 20590 Telephone: (202) 366-9568 E-mail: thomas.bub@dot.gov

(End of Section F)

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 PAYMENT/COST REIMBURSEMENT

The Contractor may request interim payments for costs incurred during the performance of the Contract. A statement of costs incurred by the Contractor in the performance of tasks under this Contract and claimed to constitute allowable costs shall support each interim payment request.

The Contractor is encouraged to submit Monthly Requests for Reimbursement. Requests for reimbursement must correspond to the Contractor’s submission of a progress report for the period of performance being invoiced.

Any request for reimbursement that does not correspond to a progress report detailing Contract activity for the period of time being invoiced is cause for rejection by the COR. If a request for reimbursement is rejected by the COR, the Contractor must resubmit the invoice after it has submitted the corresponding progress report to the COR.

The Contractor shall include a copy of each Contract staff member’s time sheet with each invoice submitted to assist in determining the accuracy of the time submitted for payment.

G.2 INDIRECT COST RATES

Pending the establishment of final indirect cost rates which shall be negotiated based on audit of actual costs as provided in FAR Subpart 42.7, Indirect Cost Rates, the Contractor shall be reimbursed for allowable indirect costs hereunder at the rates established below.

a. Fringe Benefit

The fringe benefit rate(s) applicable to this Contract is/are as follows:

RATE TYPE RATE BASE EFFECTIVE PERIOD

TBD

b. Overhead

The overhead rate(s) applicable to this Contract is/are as follows:

RATE TYPE RATE BASE EFFECTIVE PERIOD

TBD

c. General and Administrative (G&A)

The G&A rates applicable to this Contract are as follows:

RATE TYPE RATE BASE EFFECTIVE PERIOD

TBD

NOTE:

a. applied to:

b. applied to:

c. applied to:

To prevent substantial over or under payment, and to apply either retroactively or prospectively, provisional rates may, at the request of either party, be revised by mutual agreement on an annual basis.

This Indirect Cost provision does not operate to waive the LIMITATION OF FUNDS Clause (incorporated by reference in Section I). The Contractor's audited final indirect costs are allowable only insofar as they do not cause the Contractor to exceed the total estimated costs for performance of the Contract listed in Section B.

G.3 BILLING RATES

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

G.4 TRAVEL AND PER DIEM RATES

Travel costs will be reimbursed in accordance with FAR Part 31.

G.5 NHTSA CONTRACTING OFFICER REPRESENTATIVE (COR)

The performance of the work required under the Contract shall be subject to the technical review of the COR.

The following individual has been designated as the COR:

[To Be Provided At time of Contract Award]

a. The Contracting Officer will designate a technical representative to assist in monitoring the work under the resultant Contract. The COR serves as the technical liaison with the Contractor. The COR is not authorized to change the scope of work or specifications as stated in the Contract, to make any commitments or otherwise obligate the Government, or to authorize any changes which affect the Contract price, delivery schedule, period of performance or other terms or conditions.

b. In the event any technical direction offered by the COR is interpreted by the Contractor to be outside of this Contract, the Contractor shall not implement such direction, but shall notify the Contracting Officer in writing of such interpretation within five (5) calendar days after the Contractor’s receipt of such direction. Such notice shall include (1) the reasons upon which the Contractor bases its belief that the technical direction falls within the purview of the “Changes” clause, and (2) the Contractor’s draft revisions to the terms of the Contract that it thinks are necessary to implement the technical direction.

c. The Contracting Officer is the only individual who can legally commit or obligate the Government for the expenditure of public funds. The technical administration of the resultant Contract shall not be construed to authorize the revision of the terms and conditions of this Contract. Any such revision shall be authorized only in writing by the Contracting Officer.

G.5.1 ALTERNATE COR

In the event that the COR of record (identified in G.5 above) is unavailable for a period of time during which the Contractor requires technical guidance or during which other COR duties must be fulfilled, then the person identified below has been designated by the Contracting Officer to perform those duties as the Alternate COR (ACOR).

[To Be Provided At time of Contract Award]

G.6 CONTRACTOR PERSONNEL

G.6.1 Program Manager

The Contractor shall appoint a Program Manager who will be the Contractor’s authorized supervisor for technical and administrative work performed under the resultant Contract. The Program Manager shall act as the single Point of Contact between the Contractor and the COR or other duly authorized of the Government representative under the Contract.

G.6.1.2 Subcontracts – Advanced Notification and Consent

Any future change or revision to the Statement of Work or other applicable aspects of this Contract shall include the subcontract(s) only to the extent that the performance of the subcontract(s) is directly affected by the change of revision.

G.6.2 1252.237-73 KEY PERSONNEL

a. The personnel as specified below are considered essential to the work being performed under this Contract and may, with the consent of the contracting parties, be changed from time to time during the course of the Contract by adding or deleting personnel, as appropriate.

b. Before removing, replacing, or diverting any of the specified individuals, the Contractor shall notify the contracting officer, in writing, before the change becomes effective. The Contractor shall submit information to support the proposed action to enable the contracting officer to evaluate the potential impact of the change on the Contract. The Contractor shall not remove or replace personnel under this Contract until the Contracting Officer approves the change.

The Key Personnel under this Contract are:

Name Title

Name Title

G.7 SUBMISSION OF INVOICES

ELECTRONIC SUBMISSION OF PAYMENT REQUESTS

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.

a. 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.

b. 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 to Operating Agency (NHTSA) electronically via the Delphi eInvoicing web-portal which is accessed via https://einvoice.esc.gov, and is authenticated via www.login.gov. All persons accessing the Delphi eInvoicing web-portal will be required to have their own unique user Delphi eInvoicing ID and be credentialed through login.gov. See www.login.gov for instructions.

c. In order to receive payment and in accordance with the Prompt Payment Act, all invoices submitted as attachments in the Delphi eInvoicing web-portal must contain the following:

1) Name and address of the Contractor.

2) Invoice date and invoice number. The Contractor should date invoices as close as possible to the date of the mailing or transmission.

3) Timeframe covered by the invoice.

4) NHTSA Contract number.

5) NHTSA Contracting Officer’s Name.

6) NHTSA Contracting Officer’s Representative’s, name.

7) Itemization of costs to include:

• Number of hours worked for each Labor Category billed;

• Associated Labor Rate for each Labor Category billed;

• Other Direct Costs incurred for that invoice period and associated indirect costs (if applicable.);

• Total reimbursement requested for that specific invoice;

• Cumulative Total of reimbursements to date; and

• Labor charges are to be substantiated by individual daily job time cards or a record of time worked showing personnel used, hours worked, and amounts charged, with such records to be retained by the Contractor and made available for the Government’s inspection on an “as-required” basis.

• Fixed Fee:

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.

(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/.

(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.

https://einvoice.esc.gov/ http://www.login.gov/ https://login.gov/help/

(3) Agency POC’s will be responsible for communicating with vendor POC’s to initiate the Delphi eInvoicing account creation process. Vendor POC’s who will require access to the eInvoicing web-portal for invoice submission and payment tracking purposes will be required to provide their full name, valid 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.

(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 to contact 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

* NHTSA vendors will submit invoices to NHTSA electronically via the Delphi eInvoicing web-portal. To initiate this process, you are requested to provide NHTSA with the following information (company name, contract/contract number/purchase order [PO] number, and up to two Points of Contact [POC] full names and their email addresses) as shown on the table below.

Company Name

NHTSA

Contract # / Task Order

Primary POC First

Name

Primary POC Last

Name

Primary

POC

Email

Secondary POC First

Name

Secondary POC Last

Name

Secondary

POC

Email

Email the above information to the following email address: NHTSAISPVendors@dot.gov

Please note that the POCs you provide are the individuals you authorize to submit invoices to NHTSA on behalf of your company. Your POCs will then receive a welcome letter from Delphi eInvoicing processing center with instructions on creating a Login.gov user account. This account can then be used to access the eInvoicing web-portal.

G.8 LIMITATION OF COST

a. The amount presently available for payment by the Government and allotted to this

Contract is $TBD. The Contractor agrees to perform, or have performed, work up to the point at which the total amount paid and payable by the Government under the Contract approximates but does not exceed the total amount actually allotted by the Government.

b. The Contractor shall notify the Contracting Officer in writing whenever it has reason to believe that the costs it expects to incur under this Contract in the next 60 days, when added to all costs previously incurred, will exceed 75 percent of the total amount so far allotted to the Contract by the Government. The notice shall state the estimated amount http://einvoice.esc.gov/ http://einvoice.esc.gov/ mailto:NHTSAISPVendors@dot.gov of additional funds required to continue performance for the period specified in Section F.2.

c. Sixty days before the end of the period specified in the F.2., the Contractor shall notify the Contracting Officer in writing of the estimated amount of additional funds, if any, required to continue timely performance under this Contract or for any further period specified in Section F.2. or otherwise agreed upon, and when the funds will be required.

d. If, after notification, additional funds are not allotted by the end of the period specified in Section F.2. or another agreed-upon date, upon the Contractor's written request the Contracting Officer will terminate the Contract on that date in accordance with the provisions of the Termination clause of this Contract. If the Contractor estimates that the funds available will allow it to continue to discharge its obligations beyond that date, it may specify a later date in its request, and the Contracting Officer may terminate the Contract on that later date.

e. Except as required by other provisions of this Contract, specifically citing and stated to be an exception to this clause-

(1) The Government is not obligated to reimburse the Contractor for costs incurred in excess of the total amount allotted by the Government to this Contract; and

(2) The Contractor is not obligated to continue performance under this Contract (including actions under the Termination clause of this Contract) or otherwise incur costs in excess of the amount then allotted to the Contract by the Government until the Contracting Officer notifies the Contractor in writing that the amount allotted by the Government has been increased and specifies an increased amount, which shall then constitute the total allotted by the Government to this Contract.

f. No notice, communication, or representation in any form other than that specified in subparagraph e. (2) above, or from any other person other than the Contracting Officer, shall affect the amount allotted by the Government to this Contract. In the absence of the specified notice, the Government is not obligated to reimburse the Contractor for any costs in excess of the total amount allotted by the Government to this Contract, whether incurred during the course of the Contract or as a result of termination.

g. When and to the extent that the amount allotted by the Government is increased, any costs the Contractor incurred before the increase that are in excess of the amount previously allotted by the Government shall be allowable to the same extent as if incurred afterward, unless the Contracting Officer issues a termination or other notice and directs that the increase is solely to cover termination or other specified expenses.

h. Change orders shall not be considered an authorization to exceed the estimated cost to the Government specified in the Schedule, unless they contain a statement increasing the estimated cost.

i. Nothing in this clause shall affect the right of the Government to terminate this Contract, or the Contract in its entirety. If this Contract is terminated, the Government and the Contractor shall negotiate an equitable distribution of all property produced or purchased under the Contract.

(End of Section G)

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 SPECIAL DATA PROVISIONS

H.1.1 Confidentiality of Reports and Other Data

Neither the Contractor, nor any affiliate, subsidiary, consultant, Subcontractor, or personnel thereof, shall divulge to any third party any information concerning deliverables produced, work performed, results obtained, or any information provided by the Government in connection with this Contract or any Task Order without the prior written approval of the Contracting Officer.

The provisions of this clause shall survive the expiration of the Contract.

H.1.2 NHTSA Review of Announcements or Publishing

Neither the Contractor, nor any affiliate, subsidiary, consultant, Subcontractor, or personnel thereof, shall make public releases of information or any matter pertaining to this Contract or any Task Order, including, but not limited to, advertising in any medium, or presentation before technical, scientific, or industry groups, without the prior written approval of the Contracting Officer. The provisions of this clause shall survive the expiration of the Contract.

H.1.3 Proprietary Rights in Reports

All proprietary rights, including publication rights, in any report produced by the Contractor in connection with the work provided for in this Contract or any Task Order shall vest in the Government. The Contractor shall not publish any of the results of the work provided for in the Contract or any Task Order without the prior written approval of the Contracting Officer.

H.2 GOVERNMENT FURNISHED PROPERTY (GFP) /CONTRACTOR ACQUIRED

PROPERTY (CAP)

a. Government Furnished Property (GFP) means property owned or acquired by the Government and subsequently provided to a Contractor for use in the performance of a Contract.

b. Government Furnished Property shall be maintained, utilized, controlled, distributed, and disposed in accordance with Federal Acquisition Regulation (FAR) Part 45, Transportation Acquisition Regulation (TAR) Part 1245, and the Government Property clause of this Contract.

c. In accordance with FAR 52.245-1, Government property, evidence of receipt of GFP shall be provided to the Government immediately upon receipt. The document(s) evidencing receipt shall be sent to the following address:

Department of Transportation National Highway Traffic Safety Administration The Office of Administrative and Management Services (NAD-100) 1200 New Jersey Avenue, SE. W53-427

Washington, D.C. 20590 Email: NHTSAPropertyOffice@dot.gov

d. In accordance with TAR 1252.245-70, the Contractor shall perform an annual property physical inventory to include GFP and shall report this GFP to the Government in accordance with TAR 1245.505-14, Reports of Government property.

H.3 ACQUISITION OF INFORMATION TECHNOLOGY

Any acquisition of information technology in support of this contract/agreement, including but not limited to hardware, software, and telecommunications, must be reviewed and approved by the NHTSA Office of the Chief Information Officer prior to the acquisition. NHTSA reserves the right to require that existing Federal or Federally acquired resources be utilized in lieu of a proposed IT acquisition.

H.4 ETHICS AND STANDARDS OF CONDUCT (JUN 2009)

H.4.1 Disclosure of Conflicts of Interest

a. It is the National Highway Traffic Safety Administration’s (NHTSA) policy not to allow companies to continue contract performance whose objectivity may be impaired because of any related past, present, or currently planned interest, financial or otherwise, in organizations regulated by NHTSA or in organizations whose interests may be substantially affected by NHTSA activities. Based on this policy:

b. The Contractor shall disclose as soon as reasonably possible any conflict of interest with respect to this contract; making an immediate and full disclosure in writing to the Contracting Officer. The disclosure shall include a description of the action which the Contractor has taken or proposes to take, to avoid or mitigate such conflict.

c. The Contracting Officer will review the disclosure and may require additional relevant information from the Contractor. If a conflict of interest is found to exist, the Contracting Officer may (a) terminate the award, or (b) determine that it is otherwise in the best interest of the United States to continue the contract performance and include appropriate provisions in the contract to mitigate or avoid such conflict.

d. Conflicts of interest that require disclosure include all past, present or currently planned organizational, financial, contractual or other interest(s) with an organization regulated by NHTSA or with an organization whose interests may be substantially affected by NHTSA activities, and which is related to the contract. The interest(s) that require disclosure include those of any Offeror, affiliate, proposed consultant, proposed subcontractor and key personnel of any of the above. Past interest shall be limited to within one year of the date of contract award. Affected organizations shall include, but are not limited to, the insurance industry. Key personnel shall include any person owning more than a 20 percent interest in the contractor, and the contractor's corporate officers, its senior managers and any employee who is responsible for making a decision or taking an action on this contract where the decision or action can have an economic or other impact on the interests of a regulated or affected organization.

H.4.2 Access to Sensitive Information

Work under this contract may involve access to sensitive information* which shall not be disclosed by the Contractor unless authorized by the contracting officer. To protect sensitive information, the Contractor shall provide training to any Contractor employee authorized access to sensitive information and, upon request of the Government, provide information as to an individual’s suitability to have such authorization. Contractor employees found by the Government to be un-suitable or whose employment is deemed contrary to the public interest or inconsistent with the best interest of national security, may be prevented from performing work under the particular contract when requested by the contracting officer. The Contractor shall ensure that Contractor employees are citizens of the United States of America or an alien who has been lawfully admitted for permanent residence or employment (indicated by immigration status) have background investigations according to DOT Order 1630.2C, Personnel Security Management (see Section I.3 1252.237-70 Qualifications of contractor employees).) The Contractor shall include the above requirements in any subcontract awarded involving access to Government facilities, sensitive information, and/or resources.

*Sensitive Information is proprietary data or other information that, if subject to unauthorized access, modification, loss or misuse could adversely affect national interest, conduct of Federal programs, or privacy of individuals specified in the Privacy Act, but has not been specifically authorized to be kept secret in the interest of national defense or foreign policy under an Executive Order or Act of Congress.

H.5 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…