RFP-DTFH61-10-R-00008 AMPT-Solicitation.doc

DTFH61-03-R-00107

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2. CONTRACT NUMBER

3. SOLICITATION NUMBER

DTFH61-10-R-00008

4. TYPE OF SOLICITATION

FORMCHECKBOX

SEALED BID (IFB)

NEGOTIATED (RFP)

5. DATE ISSUED

Jan 20, 2010

6. REQUISITION/PURCHASE NO.

50-53-10048

7. ISSUED BY

CODE

Federal Highway Administration

Office of Acquisition Management

1200 New Jersey Ave. S.E. Rm E 65-101 Washington, DC 20590 Federal Highway Administration

Office of Acquisition Management

1200 New Jersey Ave. S.E. Rm E 65-101, Washington, DC 20590 ATTN: Adams JeanPierre

NOTE: In sealed bid solicitations “offer” and “offeror” mean “bid” and “bidder”

SOLICITATION

9.

Sealed offers in original and 3 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 depository located in 1200 New Jersey Avenue, SE, Room E65-101 until February 23, 2010 _____ local time _3:00 pm __.

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.

THIS IS A FULL AND OPEN COMPETITION REQUIREMENT

10. FOR

INFORMATION (

CALL:

Primary Contact: Adams JeanPierre Secondary Contact: Robert Robel

AREA CODE

NUMBER

366-2044 366-4227

EXT.

Adams.jeanpierre@dot.gov.

Robert.robel@dot.gov

11. TABLE OF CONTENTS

OFFER (Must be fully completed by offeror)

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

12. In compliance with the above, the undersigned agrees, if this offer is accepted within _____ calendar days (60 calendar days unless a different period is inserted 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 designated point(s), within the time specified in the schedule.

13. DISCOUNT FOR PROMPT PAYMENT

(See Section I, Clause No. 52.232-8)

10 CALENDAR DAYS

20 CALENDAR DAYS

30 CALENDAR DAYS

CALENDAR DAYS

(The offeror acknowledges receipt of amendments to the

SOLICITATION for offerors and related documents numbered and dated):

FACILITY

16. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

AND

OFFER (Type or print)

ADDRESS

OF

OFFEROR

15C. CHECK IF REMITTANCE

AREA CODE

NUMBER

EXT.

ADDRESS IS DIFFERENT FROM ABOVE - ENTER SUCH ADDRESS IN SCHEDULE.

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED

20. AMOUNT

21. ACCOUNTING AND APPROPRIATION

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

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

FORMCHECKBOX

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

ITEM

24. ADMINISTERED BY (If other than Item 7)

25. PAYMENT WILL BE MADE BY

26. NAME OF CONTRACTING OFFICER (Type or print)

Adams JeanPierre

27. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

28. AWARD DATE

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

Prescribed by GSA – FAR (48 CFR) 53.214(c) P A R T I tc "B.1 P A R T I " \l 2

SECTION B - SUPPLIES OR SERVICES AND PRICES

The contractor shall be paid the fixed prices for the purchase of at least nine (9), with an option for an additional twenty (20), Asphalt Mixture Performance Testers (AMPT), also known as a Simple or Superpave Performance Tester (SPT).

For each AMPT procured, the Contractor shall provide all labor, equipment, materials, supplies, and services necessary, as specified in Section C in the Statement of Work, to install an AMPT at a location in the continental United States as specified in Section F, and verify normal operation as specified in the Statement of Work (Section C).

For each AMPT procured, the contractor shall provide a one year on-site warranty of the AMPT system and all related equipment including mechanical hardware, software, and electronic control hardware. The warranty period shall begin on the date the Government accepts each AMPT.

For each AMPT procured, the contractor shall provide a service maintenance agreement for one year of service that will begin on the day the AMPT equipment is properly installed, in normal operating condition that meets NCHRP 9-29 Equipment Specifications as specified in the Statement of Work (Section C), and accepted by the Government. The COTR will provide the Government’s acceptance, upon satisfactory completion of each Item. The service agreement shall at least provide calibration and routine maintenance of the equipment each year that it is in effect. It should also provide troubleshooting assistance.

If the contractor’s Warranty as standard industry practice or otherwise provides for calibration, routine maintenance of the equipment, and troubleshooting, during the first year of service, then the contractor’s proposal should include the service contract as a separate item to start in the second year.

For each AMPT procured, the contractor shall provide at least one and a half days of well-organized, professional on-site training on how to use the AMPT system, as described in Section H, Special Contract Requirements.

The Contractor shall also propose Fixed Prices for an option to purchase additional AMPT’s up to twenty (20) total and deliver each AMPT to a location in the continental United States to include installation and training as specified in the Statement of Work. These Optional locations will be identified at the time the orders are placed. The same installation, service maintenance, training and warranty terms applicable to the basic AMPT’s shall apply to the optional AMPT’s.

Total Cumulative Firm Fixed Prices for Line Items

ITEM PRICES PER CITY

CLIN 1.0 – One (1) complete AMPT delivered to Auburn, Al

CLIN 2.0--One (1) complete AMPT delivered to Cheyenne, WY

CLIN 3.0–One (1) complete AMPT delivered to Forest Park, GA.

CLIN 4.0– One (1) complete AMPT delivered to Topeka, KS.

CLIN 5.0- One (1) complete AMPT delivered to Albany, NY.

CLIN 6.0 – One (1) complete AMPT delivered to Topeka, KS.

CLIN 7.0 – One (1) complete AMPT delivered to Rocky Hill, CT.

CLIN 8.0 – One (1) complete AMPT delivered to Madison, WI.

CLIN 9.0 – One (1) complete AMPT delivered to Montgomery, AL.

Optional Line Items- A total of up to Twenty (20) additional AMPT’s may be purchased for delivery to a CONUS location at the Prices specified below:

CLIN 10.0 - One (1) complete AMPT delivered to a location within the CONUS.

The Government may exercise its option to purchase additional, one-year service maintenance agreements, (up to five additional years) for each AMPT delivered, installed, and accepted by the Government. Each Option Period shall be exercised separately for each AMPT accepted by the Government and shall be for a one-year period. For each AMPT unit accepted by the Government, and for which the Government exercises its option to purchase an additional one-year service maintenance agreement, the agreement period shall begin after the initial service maintenance agreement ends for that AMPT unit.

SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT tc " SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT "

STATEMENT OF WORK

Background

The Asphalt Mixture Performance Tester (AMPT) is used as part of the Superpave system to evaluate the probable performance of compacted asphalt mixtures used to construct and rehabilitate highways. The AMPT equipment and standard test methods for determining dynamic modulus and flow number were developed as part of NCHRP Project 9-29. The final equipment specifications are given in NCHRP Project 9-29, Equipment Specification for Simple Performance Test System (Version 3.0). In addition to evaluating the performance of compacted asphalt mixtures, the dynamic modulus results generated by the AMPT are direct inputs into the Mechanistic-Empirical Pavement Design Guide (MEPDG) for structural design of flexible pavements.

Specifications/Requirements

Each AMPT system shall be a complete, fully integrated testing system meeting the requirements of NCHRP 9-29 Equipment Specification for Simple Performance Test System Version 3.0 (or latest version) and having the capability to perform the flow time, flow number and dynamic modulus tests. Each AMPT testing system shall be capable of performing compressive tests on nominal 100 mm (4 in) diameter, 150 mm (6 in) high cylindrical specimens.

For each AMPT procured, the Contractor shall provide all labor, equipment, materials, supplies, and services necessary to install an AMPT at a specified location in the continental United States and verify normal operation. This shall include, but is not limited to, the following:

A. Asphalt Mixture Performance Test System Design and Equipment

1. The AMPT system shall meet all requirements specified by NCHRP 9-29 Equipment Specification for the Simple Performance Test System (Version 3.0 or later).

2. The AMPT system shall meet all specifications given in sections 4.0, 5.0, 6.0, 7.0, 8.0, 9.0, 10.0, 11.0, 12.0, and 13.0 of NCHRP 9-29 Equipment Specification for the Simple Performance Test System (Version 3.0 or later) and provided in this document including the following components:

· Compression loading machine

· Loading platens

· Load measuring system

· Deflection measuring system

· Specimen deformation measuring system

· Confining pressure system

· Environmental chamber

· Computer control and data acquisition system.

3. The specimen deformation measuring system shall include at least three transducers spaced equally around the circumference of the specimen.

4. The AMPT shall be assembled at the manufacturer’s facility, calibrated, and verified according to section 14 of NCHRP 9-29 Equipment Specification for the Simple Performance Test System (Version 3.0), prior to shipping. The results of the calibration shall be documented, certified by the manufacturer and provided to the highway agency receiving the AMPT as part of the system documentation.

5. The verification device used to verify the dynamic performance of the force and specimen deformation measuring systems according to section 14.5 of NCHRP 9-29 Equipment Specification for the Simple Performance Test System (Version 3.0) shall be supplied to the receiving highway agency with the AMPT system. The verification device must be supplied to the receiving highway agency ON or BEFORE installation, calibration, and verification of the equipment takes place.

6. All equipment used in the verification process shall be provided to the highway agency as part of the AMPT system.

7. Documentation, and a reference manual shall be provided to the highway agency according to section 16 of NCHRP 9-29 Equipment Specification for the Simple Performance Test System (Version 3.0 or later). The contractor should indicate if on-line help is available and if additional fees are necessary for accessing on-line help.

C. Installation and Verification

1. The contractor shall provide installation of the AMPT system at the designated location in the continental United States and verify normal operation.

D. Training

1. The contractor shall provide at least one and a half days of well-organized, professional on-site training to at least three persons (2 technicians and 1 Engineer) on how to use the AMPT system.

E. Warranty

1. The contractor shall provide a performance guarantee that permits return of the AMPT system within 90 days of delivery with a full refund of the purchase price, if the equipment does not meet the specifications provided in the Independent Procedures for Simple Performance Testing Machine.

2. The contractor shall provide a one year on-site warranty of the AMPT system and all related equipment including mechanical hardware, software, and electronic control hardware to be free of defects.

F. Support and Maintenance Service The contractor shall provide a service maintenance agreement for one year of service that will begin on the day the AMPT equipment is properly installed, in normal operating condition that meets NCHRP 9-29 Equipment Specifications, and accepted by the Government. The service agreement shall at least provide calibration and routine maintenance of the equipment each year that it is in effect. It should also provide troubleshooting assistance.

If the contractor’s Warranty as standard industry practice or otherwise provides for calibration, routine maintenance of the equipment, and troubleshooting, during the first year of service, then the contractor’s proposal should include the service contract as a separate item to start in the second year.

The service maintenance agreement shall provide for the following:

1. At least twenty-five hours of remote service support.

2. Provide a repair technician on-site for repair service within seven business days of notification.

3. A loaner program in which a loaner AMPT system is provided for any service problem not resolved in twenty-eight calendar days.

4. Perform preventive maintenance on all systems at least once during the service period.

5. Mitigate rust by removing oxidation and applying rust inhibitor at least once during the service period.

6. Inspect and replace worn/defective routine maintenance items

7. Update software if applicable

8. Update device software (firmware)

9. Operator training or re-training

10. Moving parts check

11. Triaxial cell check

12. Check and verify all verification devices

13. Check all fluid levels and refill as necessary

14. Check for fluid and air leaks

15. Calibrate and verify load cell operations

16. Calibrate and verify all deflection and deformation measurement system operations.

All calibration and maintenance work shall be performed by factory trained, qualified personnel. All calibration and maintenance work shall meet the manufacturer’s recommended procedures.

Upon notification of the event of failure of any unit of the AMPT system, the contractor shall provide maintenance service in accordance with the procedures stated in Part F (this section), titled Support and Maintenance Service.

Repair and maintenance work shall be performed at the location of the equipment during normal working hours as appropriate. Normal working hours for the purpose of this contract are 8:00 AM to 5:00 PM Monday through Friday, excluding Holidays.

The contractor shall supply parts and assemblies as part of this service agreement at cost. Shipping charges for transportation of the equipment will be paid by the highway agency.

SECTION D - PACKAGING AND MARKING

Deliverables under this contract shall be prepared and packaged for shipment using best commercial practices so as to ensure safe and timely delivery.

SECTION E - INSPECTION AND ACCEPTANCE

52.246-2 Inspection of Supplies—Fixed-Price. (Aug 1996) 52.246-4 Inspection of Services - Fixed-Price. (Aug 1996) 52.246-16 Responsibility for Supplies. (Apr 1984)

The Government COTR will review and verify that all work and deliverables under this contract fulfill the requirements stated in Section C. Inspection and acceptance of all Items and work under this contract will be made by the COTR.

SECTION F - DELIVERIES OR PERFORMANCE

F.1 PERIOD OF PERFORMANCE

The period of performance for this effort shall be in accordance with the Schedule of Deliverables outlined below. The obligation of the contractor to provide the supplies and services under this contract shall end on December 31, 2014. However, after this period, the contractor shall continue to provide maintenance services as called for in the service agreements, to the U.S. DOT and public agencies who have purchased the AMPT’s on an ongoing basis and as specified in any ongoing maintenance agreements.

F.2 Schedule of Deliverables and Delivery Address:

The contractor shall deliver the equipment and all related supplies to the designated address, (upon award) FOB Destination, in the continental United States.

NOTE: Offerors shall include all necessary shipping costs (such as import taxes, duties, and delivery charges) in their price proposal in order to deliver the equipment to the addresses in the continental United States.

DELIVERABLES

· Asphalt Mixture Performance Test System (AMPT) that meets all requirements of NCHRP Project 9-29 Equipment Specification for the Simple Performance Test System (version 3.0 or later) including:

· Compression loading machine

· Loading platens

· Load measuring system

· Deflection measuring system

· Specimen deformation measuring system

· Confining pressure system

· Environmental chamber

· Computer control and data acquisition system.

· Documentation of manufacturer’s certified calibration of the AMPT

· Verification device according to section 14.5 of NCHRP Project 9-29 Equipment Specification for the Simple Performance Test System (version 3.0 or later)

· Reference manual and documentation for AMPT system

· Commissioning (including installation and calibration) of the AMPT System at the designated location in the continental United States.

· On-site training

· One-year on-site warranty (in writing) of the AMPT system and all related equipment in including mechanical hardware, software, and electronic control hardware.

· Support and maintenance service agreement (at least one year) as designated in the contract All deliverables under the contract shall be delivered F.O.B. Destination, under transmittal letter, to the following addresses: (Offeror shall fill in Projected Delivery Dates for each delivery location below)

277 Technology Parkway

Auburn, AL 36830

(Materials Lab Loading Dock)

5300 Bishop Boulevard

Cheyenne, WY 82009

15 Kennedy Drive

Forest Park, GA 30297

5 Hazen Drive

Concord, NH 03301

Kansas Department of Transportation

Materials and Research Center

2300 Van Buren

Topeka, KS 66611

Rod Montney

New York State DOT Laboratories

7 Harriman Campus Road

Albany, NY 12206

Office of Research and Materials

280 West Street

Rocky Hill, CT 06067-3502

Truax Center – Materials Lab

3502 Kinsman Blvd.

Madison, WI 53704-2507

Bureau of Materials and Testing

3704 Fairground Rd.

Montgomery, AL 36110-9965 Attn: Charles Cato or Randy Montcastle

334-206-2395;

334-850-6423 (cell)

One copy of the transmittal letter for all deliverables, a copy of the monthly progress reports, and other items as specified shall be delivered to the Contracting Officer (CO) at the following address:

Federal Highway Administration

Office of Acquisition Management

HAAM-30A

1200 New Jersey Avenue, SE

Mail Drop: E65-101 Washington, D.C. 20590

Attention: Adams JeanPierre

F.3 52.247-34 F.o.b. Destination (Nov 1991) F.4 52.242-15, STOP-WORK ORDER (Aug 1989) F.5 52.242-17 Government Delay of Work. (Apr 1984)

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 MONTHLY PROGRESS REPORTS

The Contractor shall furnish one (1) copy of a letter type progress report to the COTR and one (1) copy to the Contracting Officer, on or before the 5th of the month following the month period being reported. Each report shall list the delivery location and progress completed in each delivery area.

G.2 FUNDS AVAILABLE

a. Funds in the amount of $__________ are obligated to this contract.

G.3 PAYMENT

a. The Contractor will be reimbursed at the fixed prices and conditions set forth in Section B, upon acceptance by the Government of the Items (CLIN’s) listed.

G.4 INVOICES

All invoices and required supporting documents shall be sent via e-mail to the following e-mail address: 9-AMC-AMZ-FHWA-Invoices@faa.gov.

(a) Include the invoice as an attached PDF document

(b) Include in the e-mail subject line the following:

(i) “Invoice No. #

(ii) Contract/Agreement Number

(iii) Name of your Company/Organization.”

Attention: Adams JeanPierre

Example: Invoice No. 35 – DTFH61-08-C-00001 – General Dynamics Information Technology – Attention: John Doe If the invoice and supporting documents exceed 8 MB as an e-mail attachment, the contractor must select one of the other submission options presented below:

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

MMAC FHWA/AMZ-150

6500 S. MacArthur Blvd Oklahoma City, OK 73169

Attention:

Express Delivery Point of Contact: April Grisham, 405 954-8269

Invoices may be submitted via regular U.S. Postal Service to the following address:

Federal Highway Administration

Markview Processing P.O. Box 268865

Oklahoma City OK 73126-8865

Attention: April Grisham

All invoices, regardless of submission method, must identify Adams JeanPierre as the invoicing point of contact.

Payment of invoices submitted to the Government shall be made in accordance with FAR Clause 52.232-1 ‘Payment” and 52.232-25 ‘Prompt Payment”.

Final invoice payment shall be made upon the Contracting Officer's determination that all contract requirements have been completed. The payment due date for final invoice shall be established in accordance with the clause 52.232-25.

G.5 CONTRACTING OFFICER'S TECHNICAL REPRESENTATIVE (COTR)tc \l1 "CONTRACTING OFFICER'S TECHNICAL REPRESENTATIVE (COTR) The Contracting Officer has designated _________________ as the Contracting Officer’s Technical Representative (COTR) to assist in monitoring the work under this contract. The COTR is responsible for the technical administration of the contract and technical liaison with the Contractor. The COTR 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 authorize any changes which affect the contract price, delivery schedule, period of performance or other terms or conditions.

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 this contract shall not be construed to authorize the revision of the terms and conditions of this contract. Any such revision shall be authorized in writing by the Contracting Officer.

G.6 SUBCONTRACTS - ADVANCE NOTIFICATION AND CONSENT tc \l1 "SUBCONTRACTS - ADVANCE NOTIFICATION AND CONSENT Under this contract, the requirements of FAR 44.2, CONSENT TO SUBCONTRACTS, have been fulfilled for the following subcontracts: -NONE- Any future change or revision to the Statement of Work or other applicable aspects of this contract shall include the subcontract(s) only to the extent that performance of the subcontract(s) is directly affected by the change or revision.

SECTION H - SPECIAL CONTRACT REQUIREMENTS

Additional Contractor Responsibilities

H.1 Training The contractor shall provide at least one and a half days of well-organized, professional on-site training on how to use the AMPT system. The contractor shall provide an effective, creative, and committed training program for system partners, users, or others attending the training. These training activities have as their goal the effective utilization of the implemented system. The contractor should plan to train at least three persons consisting of two technicians and an engineer trained at each location.

H.2 Insurance and Bonding Requirements

The Contractor shall comply with all applicable insurance and bonding requirements of each locality (i.e., city, town, county, or state) where the Contractor will be performing work under this task order. The Contractor shall be financially responsible for the costs of compliance with these requirements.

H.3 Key Personnel

The following personnel are considered Key Personnel under this contract:

Name

Position

PART II

SECTION I - CONTRACT CLAUSES

I.1 52.204-7 Central Contractor Registration (Apr 2008).

(a) Definitions. As used in this clause—

“Central Contractor Registration (CCR) database” means the primary Government repository for Contractor information required for the conduct of business with the Government.

“Data Universal Numbering System (DUNS) number” means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities.

“Data Universal Numbering System +4 (DUNS+4) number” means the DUNS number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at Subpart 32.11) for the same concern.

“Registered in the CCR database” means that—

(1) The Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, into the CCR database; and

(2) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS), and has marked the record “Active”. The Contractor will be required to provide consent for TIN validation to the Government as a part of the CCR registration process.

(b)(1) By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the CCR database prior to award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “DUNS” or “DUNS +4” followed by the DUNS or DUNS +4 number that identifies the offeror’s name and address exactly as stated in the offer. The DUNS number will be used by the Contracting Officer to verify that the offeror is registered in the CCR database.

(c) If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one.

(1) An offeror may obtain a DUNS number—

(i) Via the Internet at http://fedgov.dnb.com/webform or if the offeror does not have internet access, it may call Dun and Bradstreet at 1-866-705-5711 if located within the United States; or

(ii) If located outside the United States, by contacting the local Dun and Bradstreet office. The offeror should indicate that it is an offeror for a U.S. Government contract when contacting the local Dun and Bradstreet office.

(2) The offeror should be prepared to provide the following information:

(i) Company legal business.

(ii) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(iii) Company Physical Street Address, City, State, and ZIP Code.

(iv) Company Mailing Address, City, State and ZIP Code (if separate from physical).

(v) Company Telephone Number.

(vi) Date the company was started.

(vii) Number of employees at your location.

(viii) Chief executive officer/key manager.

(ix) Line of business (industry).

(x) Company Headquarters name and address (reporting relationship within your entity).

(d) If the Offeror does not become registered in the CCR database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror.

(e) Processing time, which normally takes 48 hours, should be taken into consideration when registering. Offerors who are not registered should consider applying for registration immediately upon receipt of this solicitation.

(f) The Contractor is responsible for the accuracy and completeness of the data within the CCR database, and for any liability resulting from the Government’s reliance on inaccurate or incomplete data. To remain registered in the CCR database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the CCR database to ensure it is current, accurate and complete. Updating information in the CCR does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(g)

(1)

(i) If a Contractor has legally changed its business name, “doing business as” name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day’s written notification of its intention to (A) change the name in the CCR database; (B) comply with the requirements of Subpart 42.12 of the FAR; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (g)(1)(i) of this clause, or fails to perform the agreement at paragraph (g)(1)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the CCR information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract.

(2) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the CCR record to reflect an assignee for the purpose of assignment of claims (see FAR Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the CCR database. Information provided to the Contractor’s CCR record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the “Suspension of payment” paragraph of the EFT clause of this contract.

(h) Offerors and Contractors may obtain information on registration and annual confirmation requirements via the internet at http://www.ccr.gov or by calling 1-888-227-2423, or 269-961-5757.

(End of clause)

I.2 52.215-19 NOTIFICATION OF OWNERSHIP CHANGES (OCT 1997)

(a) The Contractor shall make the following notifications in writing:

(1) When the Contractor becomes aware that a change in its ownership has occurred, or is certain to occur, that could result in changes in the valuation of its capitalized assets in the accounting records, the Contractor shall notify the Administrative Contracting Officer (ACO) within 30 days.

(2) The Contractor shall also notify the ACO within 30 days whenever changes to asset valuations or any other cost changes have occurred or are certain to occur as a result of a change in ownership.

(b) The Contractor shall -

(1) Maintain current, accurate, and complete inventory records of assets and their costs;

(2) Provide the ACO or designated representative ready access to the records upon request;

(3) Ensure that all individual and grouped assets, their capitalized values, accumulated depreciation or amortization, and remaining useful lives are identified accurately before and after each of the Contractor's ownership changes; and

(4) Retain and continue to maintain depreciation and amortization schedules based on the asset records maintained before each Contractor ownership change.

(c) The Contractor shall include the substance of this clause in all subcontracts under this contract that meet the applicability requirement of FAR 15.408(k).

I.3 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 CO will make their full text available. Also, the full text of a clause may be accessed electronically at this address: http://www.arnet.gov/far.

I.4. FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1)

1. 52.202-1 Definitions (JUL 2004)

2. 52.203-3 Gratuities (APR 1984)

3. 52.203-5 Covenant Against Contingent Fees (APR 1984)

4. 52.203-6 Restrictions on Subcontractor Sales to the Government (SEP 2006)

5. 52.203-7 Anti-Kickback Procedures (JUL 1995)

6. 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity (JAN 1997)

7. 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (JAN 1997)

8. 52.203-12 Limitation on Payment to Influence Certain Federal Transactions

(SEPT 2007)

9. 52.204-4 Printed or Copied Double-Sided on Recycled Paper (AUG 2000)

10. 52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (JAN 2005)

11. 52.215-2 Audit and Records - Negotiation (Mar 2009)

12. 52.215-8 Order of Precedence - Uniform Contract Format (OCT 1997)

13. 52.215-10 Price Reduction for Defective Cost or Pricing Data (OCT 1997)

14. 52.215-12 Subcontractor Cost or Pricing Data (OCT 1997)

15. 52.215-14 Integrity of Unit Prices (Oct 1997)

16. 52.219-8 Utilization of Small Business Concerns (MAY 2004)

17. 52.222-3 Convict Labor (JUN 2003)

18. 52.222-19 Child Labor—Cooperation with Authorities and Remedies (Feb 2008)

19. 52.222-21 Prohibition of Segregated Facilities (FEB 1999)

20. 52.222-26 Equal Opportunity (MAR 2007)

21. 52.222-35 Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (SEP 2006)

22. 52.222-36 Affirmative Action for Workers with Disabilities (JUN 1998)

23. 52.222-37 Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (SEP 2006)

24. 52.222-39 Notification of Employee Rights Concerning Payment of Union Dues or Fees (DEC 2004)

25. 52.222-50 Combating Trafficking in Persons (Feb 2009).

26. 52.222-54 Employment Eligibility Verification. (Jan 2009)

27. 52.223-6 Drug-Free Workplace (MAY 2001)

28. 52.225-1 Buy American Act—Supplies. (Feb 2009)

29. 52.225-13 Restrictions on Certain Foreign Purchases (FEB 2006)

30. 52.227-1

Authorization and Consent (JUL 1995)

31. 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement. (Dec 2007)

32. 52.227-3 Patent Indemnity. (Apr 1984)

33. 52.227-14 Rights in Data - General (JUN 1987)

34. 52.227-15 Representation of Limited Rights Data and Restricted Computer Software (JUN 1987)

35. 52.228-5 Insurance—Work on a Government Installation. (Jan 1997)

36. 52.229-3 Federal, State, and Local Taxes. (Apr 2003)

37. 52.232-1 Payment (APR 1984)

38. 52.232-8 Discounts for Prompt Payment. (Feb 2002)

39. 52.232-9 Limitation on Withholding of Payments (APR 1984)

40. 52.232-17 Interest (JUN 1996)

41. 52.232-23 Assignment of Claims (JAN 1986)

42. 52.232-25 Prompt Payment (Oct 2008)

43. 52.232-33 Payment by Electronic Funds Transfer – Central Contractor Registration (OCT 2003)

44. 52.233-1 Disputes (JUL 2002)

45. 52.233-3 Protest After Award (AUG 1996)

46. 52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004)

47. 52.242-13 Bankruptcy (JUL 1995)

48. 52.243-1 Changes – Fixed Price (AUG 1987)

49. 52.244-6 Subcontracts for Commercial Items (Aug 2009)

50. 52.249-2 Termination (Fixed Price) (MAY 2004)

51. 52.249-8 Default (Fixed-Price Supply and Service)(Apr 1984).

52. 52.252-4 Alterations In Contract (APR 1984)

53. 52.253-1 Computer Generated Forms (JAN 1991)

I.5. TRANSPORTATION ACQUISITION REGULATION Clauses 1252.223-73 Seat belt use policies and programs (APR 2005).

tc " SECTION J - LIST OF ATTACHMENTS "P A R T III tc "J.1 P A R T I I I " \l 2

SECTION J - LIST OF ATTACHMENTS

1. NCHRP 9-29 Equipment Specification for Simple Performance Test System Version 3.0

PART IV

SECTION K - REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF OFFERORS OR QUOTERS

K. 1. 52.204-8 Annual Representations and Certifications (Feb 2009)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is __________________ [insert NAICS code].

(2) The small business size standard is _____________ [insert size standard].

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b)(1) If the clause at 52.204-7, Central Contractor Registration, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the clause at 52.204-7 is not included in this solicitation, and the offeror is currently registered in CCR, and has completed the ORCA electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:

[ ] (i) Paragraph (d) applies.

[ ] (ii) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c)(1) The following representations or certifications in ORCA are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $100,000.

(iii) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the clause at 52.204-7, Central Contractor Registration.

(iv) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(v) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(vi) 52.214-14, Place of Performance—Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(vii) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(viii) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(ix) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

(x) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xi) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xii) 52.222-38, Compliance with Veterans’ Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.

(xiii) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA–designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

(xiv) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA–designated items.

(xv) 52.225-2, Buy American Act Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xvi) 52.225-4, Buy American Act—Free Trade Agreements—Israeli Trade Act Certificate. (Basic, Alternate I, and Alternate II) This provision applies to solicitations containing the clause at 52.225-3.

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.

(C) If the acquisition value is $50,000 or more but is less than $67,826, the provision with its Alternate II applies.

(xvii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.

(xviii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan—Certification.

(xix) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to—

(A) Solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions; and

(B) For DoD, NASA, and Coast Guard acquisitions, solicitations that contain the clause at 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns.

(2) The following certifications are applicable as indicated by the Contracting Officer:

[Contracting Officer check as appropriate.]

__ (i) 52.219-19, Small Business Concern Representation for the Small Business Competitiveness Demonstration Program.

__ (ii) 52.219-21, Small Business Size Representation for Targeted Industry Categories Under the Small Business Competitiveness Demonstration Program.

__ (iii) 52.219-22, Small Disadvantaged Business Status.

__ (A) Basic.

__ (B) Alternate I.

__ (iv) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

__ (v) 52.222-48, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment Certification.

__ (vi) 52.222-52, Exemption from Application of the Service Contract Act to Contracts for Certain Services–Certification.

__ (vii) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA–Designated Products (Alternate I only).

__ (viii) 52.223-13, Certification of Toxic Chemical Release Reporting.

__ (ix) 52.227-6, Royalty Information.

__ (A) Basic.

__(B) Alternate I.

__ (x) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The offeror has completed the annual representations and certifications electronically via the Online Representations and Certifications Application (ORCA) website at http://orca.bpn.gov. After reviewing the ORCA database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR Clause # Title Date Change

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on ORCA.

(End of provision)

K.2 FAR 52.207-4. Economic Purchase Quantity—Supplies (Aug 1987)

(a) Offerors are invited to state an opinion on whether the quantity(ies) of supplies on which bids, proposals or quotes are requested in this solicitation is (are) economically advantageous to the Government.

(b) Each offeror who believes that acquisitions in different quantities would be more advantageous is invited to recommend an economic purchase quantity. If different quantities are recommended, a total and a unit price must be quoted for applicable items. An economic purchase quantity is that quantity at which a significant price break occurs. If there are significant price breaks at different quantity points, this information is desired as well.

Offeror Recommendations

(c) The information requested in this provision is being solicited to avoid acquisitions in disadvantageous quantities and to assist the Government in developing a data base for future acquisitions of these items.