RFP 12-R-00005.docx

Request for Proposal (RFP) Quantifying Pavement Albedo

DTFH61-12-R-00005

PART I- The Schedule

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

The Contractor shall provide and furnish the necessary and qualified personnel, facilities, equipment, materials, and supplies not otherwise provided by the Government, as needed to perform the requirements set forth in the Statement of Work (SOW), entitled, “Quantifying Pavement Albedo.”

The total estimated amount of this contract is $ TBD.

All travel shall be reimbursed at cost in accordance with the travel and per diem clause found in Section G. Unless otherwise approved in writing by the Contracting Officer, (CO) the un-loaded cost of travel and per diem shall not exceed $ TBD per year. These costs are included in the total estimated costs above.

(End of Section B)

SECTION C – DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

The urban “Heat Island” effect has been attributed to the heat stored within infrastructure, such as roads and buildings. The storage of heat can contribute to elevated temperatures in an urban environment that can be both favorable and unfavorable. It is favorable when it contributes to melting of ice and snow and unfavorable when it contributes to higher energy costs associated with artificial cooling for living and working human environments.

The amount of heat absorbed and stored by infrastructure materials is dependent on the color, heat capacity, mass and thermal conductivity of a given material exposed to solar radiation. Depending on perspective, this ability to store or reflect heat may or may not be advantageous. For example, if the intent is to reflect heat, a material with a high albedo and low heat capacity is desirable. However, if the intent is to collect heat for energy transfer purposes, the opposite is true.

Competing pavement industries make the case for their product based on the aspects previously mentioned. However the properties of paving materials change with time in-service. Light colored hydraulic cement concrete (HCC) tends to become darker with age, while dark colored asphalt concrete (AC) tends to lighten; this being highly dependent on the relative color of the aggregate. (Therefore, to make any qualifying statement with regard to the potential for either to contribute to the urban heat island effect, some experimental data is needed to determine how the pavement albedo changes with time in either case taking into account all the factors known to have an influence.) Knowing these relationships may provide a defendable quantification of a given pavement albedo on selecting pavement sustainability rating factors.

Therefore, albedo measurements are needed on different pavement sections at different ages in their services lives. Measurements will need to be taken not only on different pavement types, but in different climatic and service conditions. Other supporting data is the type of mix components, climate, geomorphic and traffic data.

Objectives

1. Quantify the rate and magnitude of albedo change by pavement type and time.

2. Develop models to determine the relative impact of albedo on heat collection, storage and transmission potential associated with the developed albedo rate functions by pavement type and material constituents.

3. Determine the level of significance of the pavement albedo relationships on the outcome of at least two (2) pavement sustainability rating tools and one (1) pavement design procedure.

4. Provide recommendations for use of the albedo rate function model on choosing appropriate pavement albedo inputs for pavement sustainability rating tools and pavement design tools.

Scope

The scope of this work shall include new hydraulic cement concrete (HCC), asphalt concrete (AC) and composite sections of both on roadway pavements. The age of the pavements considered should vary from new construction of less than one year, to construction with up to 20 years of service life. The effects of treatment options may also be considered if enough pavements are available to meet statistical requirements, time and budget.

STATEMENT OF WORK

The specific approach will not be specified here, but it is anticipated that the progression of this effort will follow a logical sequence as described below. The offeror’s proposal shall reflect the specific work to be performed.

Phase I

Task 1.1: Compose a comprehensive literature review and synthesis on past and current research on the factors relevant to the objectives and scope of the project. This will also include available data sets and models and their suitability to meet project objectives.

Task 1.2: Based on task 1.1 outcomes, the Contractor shall propose a statistically-designed experimental plan and modeling framework to quantify pavement albedo temporal changes by pavement type, material constituents and age. The plan will describe how the findings may be considered in the context of the pavement sustainability rating factors and pavement design.

Task 1.3: The Contractor shall develop an implementation and marketing plan, identifying the target audience, stake holders, and taking into account obstacles, such as regulatory matters and industry competition.

Task 1.4: Draft Phase I Report: The Contractor shall combine the results of the literature review in Task 1.1, the framework and experimental plan in Task 1.2, and the implementation and marketing plan in Task1.3 into Draft Phase I trial report. The Draft Phase 1 trial report and shall be delivered to the CO and COR for review and comment. The CO/COR will review the report and provide comments back to the Contractor. After revisions have been made, the Contractor shall submit a finalized copy of the Draft Phase I Report to the CO and COR for final approval.

Task 1.5: The Contractor shall coordinate teleconferences, web conferences and face-to-face meetings with the CO/COR as needed, (including travel, lodging and per diem.) Face-to-face meetings will be held at a location deemed most appropriate at the time by the CO/COR at a frequency of one (1) meeting per year. Web and teleconferences shall be conducted on demand at a minimum frequency of one (1) meeting per quarter.

Task 1.6: The Contractor shall prepare and deliver three (3) presentations to relevant conferences and symposiums, such as the annual Transportation Research Board (TRB). The presentation material should be available to the COR for review and comment at least five (5) business days prior to presentation.

Phase II – Contractor shall not proceed with any Phase II work until written approval is received from the CO/COR

Task 2.1: The Contractor shall proceed with the approved experimental plan developed approved under Task 1.2.

Task 2.2: The Contractor shall conduct the experiment, as per the approved experimental plan, including albedo measurements as well as other relevant data such as materials evaluation and climate.

Task 2.3: The Contractor shall conduct the modeling relevant to the physical experiment as per the modeling framework submitted with the experimental plane developed under Task 1.2.

Task 2.4: The Contractor will use the outcome of the experiment and modeling to develop an analysis tool that analyses the impact of pavement albedo on the urban heat island effect and its influence on pavement sustainability ratings. The same tool should also be used to determine the influence the findings have on pavement designs, where albedo is one of the inputs. The tool shall provide the opportunity to weigh factors other than the actual pavement albedo, such as material constituent selection, layer thickness, climate and geomorphology. The tool should allow the users to determine the influence of albedo on the overall benefit ratio and allow them to make decisions in terms of their preference as well as giving them the opportunity to analyze alternative scenarios.

Task 2.5: The Contractor shall develop a Draft Phase II Report and a draft analysis utility. The Draft Phase II Reports and the draft analysis utility shall become come a finalized report and a finalized analysis utility. The Draft Phase II report shall include documentation of all relevant physical materials, equipment, instrumentation, experimental, analysis, modeling, computer code and user aids. The draft analysis utility shall be able to execute either stand-alone or in a spreadsheet application and shall include a manual with user guidelines and documented source code. These draft deliverables will be given a technical review by the COR. The Contractor shall edit reports based on the COR’s technical review.

Task 2.6: The Contractor shall coordinate teleconferences, web conferences and face-to-face meetings with the CO/COR as needed, (including travel, lodging and per diem.) Face-to-face meetings will be held at a location deemed most appropriate at the time by the CO/COR at a frequency of one (1) meeting per year. Web and teleconferences shall be conducted on demand at a minimum frequency of one (1) meeting per quarter.

Task 2.7: The Contractor shall prepare and deliver three (3) presentations to relevant conferences and symposiums, such as the annual Transportation Research Board (TRB). The presentation material should be available to the COR five (5) business days prior to presentation.

Task 2.8: The Contractor shall prepare articles for periodicals such as Public Roads, Transportation Research Record and FOCUS, as requested by the COR.

Task 3. Work required for Phase I and Phase II: The Contractor shall coordinate teleconferences, web conferences and face-to-face meetings with the CO/COR as needed, (including travel, lodging and per diem.) Face-to-face meetings will be held at a location deemed most appropriate at the time by the CO/COR at a frequency of one (1) meeting per year. Web and teleconferences shall be conducted on demand at a minimum frequency of one (1) meeting per quarter. The Contractor shall prepare and deliver three (3) presentations to relevant conferences and symposiums, such as the annual Transportation Research Board (TRB). The presentation material should be available to the COR for review and comment at least five (5) business days prior to presentation.

(End of Section C)

SECTION D – PACKAGING AND MARKING

D.1 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. The COR will review/inspect all work performed and any equipment purchased under this contract and will be responsible for providing the Government’s acceptance.

(End of Section D)

SECTION E – INSPECTION AND ACCEPTANCE

All work performed and equipment purchased hereunder shall be subject to review and acceptance by the Government.

Federal Acquisition Regulation (FAR) Clauses:

52.246-5 INSPECTION OF SERVICES - COST-REIMBURSEMENT (APR 1984)

(End of Section E)

SECTION F – DELIVERIES OR PERFORMANCE

F.1 PERIOD OF PERFORMANCE

The period of performance of this contract shall not exceed TBD months, including time reserved for review and edit of the final report(s).

Federal Acquisition Regulation (FAR) Clauses:

52.242-15 STOP-WORK ORDER (AUG 1989) Alt I (APR 1984)

All deliverables shall be delivered, under transmittal letter, to the assigned COR at the following address:

A copy of the transmittal letters for all deliverables shall be delivered to the Contract Specialist/Administrator at the following address:

Phase I

Task 1.1: A comprehensive literature review and synthesis on past that depicts relevant factors on the research as they relate to the objectives and scope of the project. Currently available data sets and models and their suitability to meet project objectives are to be identified. These items shall be due 90 days from the effective date of the contract. A one (1) month technical review period will follow with up two (2) week to incorporate any COR comments.

Task 1.2 A statistically-designed experimental plan and modeling framework to quantify pavement albedo temporal changes by pavement type, material constituents and age. The plan will describe how the findings may be considered in the context of the pavement sustainability rating factors and pavement design.

Task 1.3: A plan that identifies the implementation and marketing plan of the project. The plans shall identify the target audience, stake holders, and taking into account obstacles, such as regulatory matters and industry competition.

Task 1.4: Draft Phase I Report will be delivered 24 months from the effective date of the contract. The Draft Phase I Report will include documentation of all relevant physical materials, equipment, instrumentation, experimental, analysis, modeling, computer code and user aids. A 30 day technical review will follow.

Task 1.5 Coordination of teleconferences, web conferences and face-to-face meetings with the CO/COR as needed, (including travel, lodging and per diem); there shall be one (1) face-to-face meeting per year. Web and teleconferences shall be conducted on demand at a minimum frequency of one (1) meeting per quarter.

Task 1.6: Prepare and deliver three (3) presentations to relevant conferences and symposiums, such as the annual Transportation Research Board (TRB).

Phase II –any Phase II work until written approval is received from the CO/COR

Task 2.1: Proceed with the approved experimental plan developed approved under Task 1.2.

Task 2.2: Conduct the experiment, as per the approved experimental plan, including albedo measurements as well as other relevant data such as materials evaluation and climate.

Task 2.3: Conduct the modeling relevant to the physical experiment as per the modeling framework submitted with the experimental plane developed under Task 1.2.

Task 2.4: Develop an analysis tool that analyses the impact of pavement albedo on the urban heat island effect and its influence on pavement sustainability ratings. The same tool should also be used to determine the influence the findings have on pavement designs, where albedo is one of the inputs. The tool shall provide the opportunity to weigh factors other than the actual pavement albedo, such as material constituent selection, layer thickness, climate and geomorphology. The tool should allow the users to determine the influence of albedo on the overall benefit ratio and allow them to make decisions in terms of their preference as well as giving them the opportunity to analyze alternative scenarios.

Task 2.5: The Draft Phase II report that shall include the documentation of all relevant physical materials, equipment, instrumentation, experimental, analysis, modeling, computer code and user aids. The report shall be delivered 24 months from the effective date of the contract. A 30 day technical review will follow. A 2nd Draft Phase II report shall be delivered 30 days following feedback from the technical review. All data generated during the project shall be maintained in a well documented and organized format in both MS Excel and CSV format.

A draft version of executable analysis utility which has user guidelines including documented source code due 24 months from the effective date of the contract. A 45 day technical review will follow. A 2nd Draft Executable Utility and manual with guidelines shall be delivered 30 days following feedback from the technical review.

Both drafts of the Draft Phase II report and the Draft version of the executable analysis utility shall be finalized.

Task 2.6: Coordination of teleconferences, web conferences and face-to-face meetings with the CO/COR as needed, (including travel, lodging and per diem); there shall be one (1) face-to-face meeting per year. Web and teleconferences shall be conducted on demand at a minimum frequency of one (1) meeting per quarter.

Task 2.7: Prepare and deliver three (3) presentations to relevant conferences and symposiums, such as the annual Transportation Research Board (TRB).

Task 2.8: Prepare articles for periodicals such as Public Roads, Transportation Research Record and FOCUS, as requested by the COR.

Task 3. Work required for Phase I and Phase II: Coordination of teleconferences, web conferences and face-to-face meetings with the CO/COR as needed, (including travel, lodging and per diem); there shall be one (1) face-to-face meeting per year. Web and teleconferences shall be conducted on demand at a minimum frequency of one (1) meeting per quarter.

Prepare and deliver three (3) presentations to relevant conferences and symposiums, such as the annual Transportation Research Board (TRB).

Quarterly reports shall be due on the business day following 15th of the month.

(End of Section F)

SECTION G – CONTRACT ADMINISTRATION DATA

G.1 FUNDS AVAILABILITY

a. Currently, funding in the amount of $TBD is available for payment under this contract.

G.2 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. Each interim payment request shall be submitted in accordance with the attached, “FHWA Billing Instructions for Cost Reimbursement Contracts” to be considered proper for payment.

In accordance with FAR Clause 52.232-25, “Prompt Payment”, interim payments will be made by the 30th day following receipt of proper request for payment by the designated billing office, unless audit or other review is considered necessary to ensure compliance with the terms and conditions of the contract. All interim payments hereunder will be made upon further determination by the CO that the Contractor is making adequate progress toward successful contract completion.

Final invoice payment shall be made upon the CO’s determination that all contract requirements have been completed. The payment due date for final invoice shall be established in accordance with FAR Clause 52.232-25.

In accordance with FAR Clause 52.232-33, the Federal Highway Administration (FHWA) shall only make an electronic reimbursement/payment.

In accordance with FAR Clause 52.204-7, the contractor shall register in the Central Contractor Registration (CCR) database. Failure to register in CCR will prohibit FHWA from making awards to your organization.

G.3 FIXED FEE PAYMENT SCHEDULE (COST REIMBURSEMENT CONTRACTS)

The Contractor shall voucher for payment in accordance with the instructions provided in Section G.2 of this contract. The Contractor shall bill fee on a monthly basis and the Government shall make monthly payments of Fixed Fee, in accordance with FAR 52.216-8(a), entitled, “FIXED FEE”, and the following schedule established at the time of award:

FINAL* $ TBD $ TBD

TOTAL $ TBD

*The final payment of $_______ (15% Withholding of Fixed Fee, not-to-exceed $100,000), less any adjustments found as a result of the final audit, will be paid upon completion of the contract closeout audit.

G.4 WITHHOLDING OF FEE/PAYMENT

A. In accordance with FAR 52.216-8, entitled "FIXED FEE:"

B.

a. The Government shall pay the Contractor, for performing work under this contract, the fixed fee amount specified in Section B.

b. Payment of the fixed fee shall be made as specified in the schedule, provided that after payment of 85% of the fixed fee, the Contracting Officer may withhold further payment of fee until a reserve is set aside in an amount that the Contracting Officer considers necessary to protect the Government's interest. This reserve shall not exceed 15% of the total fixed fee or $100,000, whichever is less.

C. Notwithstanding any other payment provisions of this contract, failure of the Contractor to submit required reports when due or failure to perform or deliver required work, supplies, or services, will result in the withholding of payments under this contract unless such failure arises out of causes beyond the control, and without the fault or negligence of the Contractor as defined by the clause entitled "Excusable Delays" or "Default", as applicable. The Government shall promptly notify the Contractor of its intention to withhold payment of any invoice or voucher submitted.

G.5 INDIRECT COST RATES

Pending the establishment of final indirect cost rates which shall be negotiated based on audit of actual costs as provided in Subpart 42.7 of the Federal Acquisition Regulation, the Contractor shall be reimbursed for allowable indirect costs set forth in this contract. This Indirect Cost provision does not operate to waive the Limitation of Funds Clause. 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.

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.

(a)

(b)

NOTE:

a. applied to:

b. applied to:

G.6 TRAVEL AND PER DIEM RATES

The Contractor shall obtain COR/CO approval before scheduling any travel unless specifically stated otherwise in the contract.

Travel and Per Diem authorized under this contract shall be reimbursed in accordance with the Government Travel Regulations currently in effect.

Travel requirements under this contract shall be met using the most economical form of transportation available. If economy class transportation is not available, the request for payment voucher must be submitted with justification for use of higher class travel indicating dates, times, and flight numbers. All travel shall be scheduled sufficiently in advance to take advantage of offered discount rates, unless authorized by the COR.

G.7 CONTRACTING OFFICER'S REPRESENTATIVE (COR)

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

(b) The Contracting Officer will designate a Contracting Officer’s Representative (COR) at time of contract award. The COR’s responsibilities will include technical monitoring of the contractor’s performance and inspecting and accepting deliveries under the contract. The COR will be appointed in writing, at which time ALL of the responsibilities of the COR will be detailed, and a copy of the appointment memorandum will be furnished to the Contractor. Any changes to the COR delegation will be made in writing, either by changes to the existing memorandum, or by issuance of a new appointment memorandum. Copies of any changes will be provided to the Contractor.

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

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

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

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

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

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

(d) The Contractor shall comply with the written or oral direction of the Contracting Officer or authorized representative(s) acting within the scope and authority of the appointment memorandum. The Contractor need not proceed with direction that it considers to have been issued without proper authority. The Contractor shall notify the Contracting Officer in writing, with as much detail as possible, when the COR has taken an action or has issued direction (written or oral) that the Contractor considers to exceed the COR’s appointment, within 3 days of the occurrence. Unless otherwise provided in this contract, the Contractor assumes all costs, risks, liabilities, and consequences of performing any work it is directed to perform that falls within any of the categories defined in paragraph (c) prior to receipt of the Contracting Officer’s response issued under paragraph (e) of this clause.

(e) The Contracting Officer shall respond in writing within 30 days to any notice made under paragraph (d) of this clause. A failure of the parties to agree upon the nature of a direction, or upon the contract action to be taken with respect thereto, shall be subject to the provisions of the Disputes clause of this contract.

(f) The Contractor shall provide copies of all correspondence to the Contracting Officer and the COR.

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

(End of clause)

G.8 INVOICES

Submit all invoices to one of the following invoice addresses, as appropriate:

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 Number

(ii) Contract/Agreement Number

(iii) Name of your Company/Organization

(iv) Attention: Juanita Manley

Example: Invoice No. 1 – DTFH61-10-C-00001 – ABC Company – Attention: Juanita Manley

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: Juanita Manley Express Delivery Point of Contact: Ryan Wisniewski, 405-954-8252 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: Juanita Manley

All invoices, regardless of submission method, must identify Juanita Manley as the invoicing point of contact.

An invoice submitted to an address other than those identified above, will be returned to the vendor as non-conforming.

G.9 QUARTERLY PROGRESS REPORTS

The Contractor shall submit progress reports to the COR and the Contract Administrator. These reports shall be prepared on a quarterly basis and submitted by the 15th of the month following the reporting period. Each progress report shall contain concise statements covering the activities relevant to the contract, including:

(a) A clear account of the work performed under each task during the report period.

(b) An outline of the work to be accomplished during the next report period.

(c) A description of any problem encountered or anticipated that will affect the completion of any work within the time and fiscal constraints set, together with recommended solutions to such problems; or, a statement that no problems were encountered.

(d) A tabulation of the planned, actual and cumulative percent of effort expended by the personnel.

(e) A chart showing current and cumulative expenditures versus planned expenditures

The quarterly progress reports shall be delivered via email to the Contract Administrator (CA) and the Contracting Officer’s Technical Representative (COR) at the following email addresses:

G.10 PRINCIPAL INVESTIGATOR (PI)

(Name) will serve as the (Company Name) Project Principal Investigator. The PI will serve as the point of technical and administrative contact between the Government and the Contractor personnel. In addition, the PI is responsible for formulating, developing, conducting and monitoring the work performed under this contract with minimal input from the FHWA. The Government reserves the right to approve any necessary successor to be designated as Principal Investigator.

G.11 KEY PERSONNEL

The key personnel 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. This change does not require a formal modification to the contract.

Before removing, replacing, or diverting any of the specified individuals, the Contractor shall notify the COR, in writing, before the change becomes effective. The Contractor shall submit information to support the proposed action to the COR, including any prospective impact on this contract. The Contractor shall not remove or replace personnel under this contract until the COR has had a chance to review and comment on the proposed change.

The following individuals are considered “key” under this contract:

Name Position

To promote timely and effective administration, correspondence (except for invoices), submitted under this contact shall be subject to the following procedures:

a. Technical Correspondence - Technical correspondence (as used herein, this term excludes technical correspondence which proposes or otherwise involves waivers, deviations or modifications to the requirements, terms or conditions of this contract) shall be addressed to the COR with an informational copy of the basic correspondence to the Contract Specialist and Contracting Officer.

b. Other Correspondence - All other correspondence shall be addressed to the Contracting Officer, in duplicate, with an informational copy of the basic correspondence to the COR.

c. Subject Lines - All correspondence shall contain a subject line, commencing with the contract number as illustrated below:

EXAMPLE: Contract No. DTFH61-11-C-000XX Request for Subcontract Consent

G.13 CONSENT TO SUBCONTRACTS

(a) To facilitate the review of a proposed subcontract by the COR and the CO, the Contractor shall submit the information required by the FAR Clause 52.244-2 (OCTOBER 2010) entitled, "Subcontracts" to the Contracting Officer. The Contracting Officer shall review the request for subcontract approval and the COR’s recommendation and advice the Contractor of his/her decision to consent to or dissent from the proposed subcontract, in writing.

(b) Consent is hereby given to issue the following subcontract(s): TBD

(End of Section G)

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H.1 POST-AWARD EVALUATION OF CONTRACTOR PERFORMANCE

Contractor Performance Evaluations

a. Interim and final evaluations of contractor performance will be prepared on this contract in accordance with FAR 42.1502 and TAM 1242.1502. The final performance evaluations will be prepared at the time of completion of work.

b. The Contractor can elect to review the evaluation and submit additional information or a rebuttal statement. The contractor will be permitted 30 calendar days to respond. Contractor response is voluntary. If the contractor does not respond within 30 days, the Government will presume that the contractor has no comment. Any disagreement between the parties regarding an evaluation will be referred to an individual at a level above the Contracting Officer, whose decision is final.

c. Copies of the evaluations, contractor responses, and review comments, if any, will be retained as part of the contract file, and may be used to support future award decisions.

d. Federal Highway Administration utilizes the Contractor Performance Assessment Reporting System (CPARS) to record and maintain past performance information. CPARS hosts a suite of web-enabled applications that are used to document contractor performance information that is required by Federal Regulations.

e. The CPARS module assesses performance on contracts for Systems, Services, Information Technology, and Operations Support. The Architect-Engineer Contract Administration Support System (ACASS) module assesses performance on Architect-Engineer contracts. The Construction Contractor Appraisal Support System (CCASS) module assesses performance on Construction contracts. CPARS reference material can be accessed at http://www.cpars.csd.disa.mil/cparsfiles/cpars/refmatl.htm.

f. The registration process requires the contractor to identify an individual that will serve as a primary contact. This individual will be authorized access to the evaluation for review and comment. In addition, the contractor is encouraged to identify a secondary contact in the event the primary contact is unavailable to process the evaluation within the required 30-day time period. After the FHWA Contract Specialist registers the contract in CPARS, the contractor will receive a system generated e-mail notifying him/her that the contract is registered. A system generated e-mail will also provide the contractor with a User ID if the person does not already have a CPARS User ID.

g. Once a performance evaluation has been prepared and is ready for comment, the contractor representative will receive a system generated e-mail notification that the performance evaluation is electronically available for review and comment. The contractor representative will receive an automated e-mail whenever an assessment is completed and can subsequently retrieve the completed assessment from CPARS.

h. Contractors may access evaluations at www.cpars.csd.disa.mil for review and comment in CPARS.

(End of clause)

(1) Hosting of DOT e-Government sites or other IT operations;

(2) Acquisition, transmission or analysis of data owned by DOT with significant replacement cost should the Contractor’s copy be corrupted; and

(3) Access to DOT general support systems/major applications at a level beyond that granted the general public, e.g. bypassing a firewall.

(b) The Contractor shall develop, provide, implement, and maintain an IT Security Plan. This plan shall describe the processes and procedures that will be followed to ensure appropriate security of IT resources that are developed, processed, or used under this contract. The plan shall describe those parts of the contract to which this clause applies. The Contractor’s IT Security Plan shall comply with applicable Federal Laws that include, but are not limited to, 40 U.S.C. 11331, the Federal Information Security Management Act (FISMA) of 2002 and the E-Government Act of 2002. The plan shall meet IT security requirements in accordance with Federal and DOT policies and procedures, as they may be amended from time to time during the term of this contract that include, but are not limited to:

(1) OMB Circular A-130, Management of Federal Information Resources, Appendix III, Security of Federal Automated Information Resources;

(2) National Institute of Standards and Technology (NIST) Guidelines;

(3) Departmental Information Resource Management Manual (DIRMM) and associated guidelines; and

(4) DOT Order 1630.2B, Personnel Security Management.

(c) Within 30 days after contract award, the Contractor shall submit the IT Security Plan to the DOT Contracting Officer for acceptance. This plan shall be consistent with and further detail the approach contained in the offeror’s proposal or sealed bid that resulted in the award of this contract and in compliance with the requirements stated in this clause. The plan, as accepted by the Contracting Officer, shall be incorporated into the contract as a compliance document. The Contractor shall comply with the accepted plan.

(d) Within 6 months after contract award, the Contractor shall submit written proof of IT Security accreditation to the DOT for acceptance by the DOT Contracting Officer. Such written proof may be furnished either by the Contractor or by a third party. Accreditation must be in accordance with DOT Order 1350.2, which is available from the Contracting Officer upon request. This accreditation will include a final security plan, risk assessment, security test and evaluation, and disaster recovery plan/continuity of operations plan. This accreditation, when accepted by the Contracting Officer, shall be incorporated into the contract as a compliance document, and shall include a final security plan, a risk assessment, security test and evaluation, and disaster recovery/continuity of operations plan. The Contractor shall comply with the accepted accreditation documentation.

(e) On an annual basis, the Contractor shall submit verification to the Contracting Officer that the IT Security Plan remains valid.

(f) The Contractor will ensure that the following banners are displayed on all DOT systems (both public and private) operated by the Contractor prior to allowing anyone access to the system:

Government Warning

**WARNING**WARNING**WARNING**

Unauthorized access is a violation of U.S. Law and Department of Transportation policy, and may result in criminal or administrative penalties. Users shall not access other user’s or system files without proper authority. Absence of access controls IS NOT authorization for access! DOT information systems and related equipment are intended for communication, transmission, processing and storage of U.S. Government information. These systems and equipment are subject to monitoring by law enforcement and authorized Department officials. Monitoring may result in the acquisition, recording, and analysis of all data being communicated, transmitted, processed or stored in this system by law enforcement and authorized Department officials. Use of this system constitutes consent to such monitoring.

**WARNING**WARNING**WARNING**

(g) The Contractor will ensure that the following banner is displayed on all DOT systems that contain Privacy Act information operated by the Contractor prior to allowing anyone access to the system:

This system contains information protected under the provisions of the Privacy Act of 1974 (Public Law 93-579). Any privacy information displayed on the screen or printed shall be protected from unauthorized disclosure. Employees who violate privacy safeguards may be subject to disciplinary actions, a fine of up to $5,000, or both.

(h) Contractor personnel requiring privileged access or limited privileged access to systems operated by the Contractor for DOT or interconnected to a DOT network shall be screened at an appropriate level in accordance with DOT Order 1630.2B, Personnel Security Management, as it may be amended from time to time during the term of this contract.

(i) The Contractor shall ensure that its employees performing under this contract receive annual IT security training in accordance with OMB Circular A-130, FISMA, and NIST requirements, as they may be amended from time to time during the term of this contract, with a specific emphasis on rules of behavior.

(j) The Contractor shall afford the Government access to the Contractor’s and Subcontractors’ facilities, installations, operations, documentation, databases and personnel used in performance of the contract. Access shall be provided to the extent required to carry out a program of IT inspection (to include vulnerability testing), investigation and audit to safeguard against threats and hazards to the integrity, availability and confidentiality of DOT data or to the function of information technology systems operated on behalf of DOT, and to preserve evidence of computer crime.

(k) The Contractor shall incorporate the substance of this clause in all subcontracts that meet the conditions in paragraph (a) of this clause.

(l) The Contractor shall immediately notify the Contracting Officer when an employee terminates employment that has access to DOT information systems or data.

(End of clause) H.3 TAR 1252.239-71 INFORMATION TECHNOLOGY SECURITY PLAN AND ACCREDITATION (APR 2005) All offers submitted in response to this solicitation must address the approach for completing the security plan and accreditation requirements in TAR Clause 1252.239-70.

H.4 GOVERNMENT FURNISHED OR ACQUIRED PROPERTY

Any Government furnished or contractor acquired property provided or obtained under the performance of this contract shall be accounted for as provided in Transportation Acquisition Regulation (TAR) Subpart 1245.5, and by complying with the following provision:

TAR 15252.245-70 GOVERNMENT PROPERTY REPORTS (OCT 1994)

(a) The contractor shall prepare an annual report of Government property in its possession and the possession of its subcontractors.

(b) The report shall be submitted to the Contracting Officer no later than September 15 of each calendar year on Form DOT F 4220.43, Contractor Report of Government Property.

H.5 QUALITY ASSURANCE STATEMENT

The Federal Highway Administration provides high-quality information to serve Government, industry, and the public in a manner that promotes public understanding. Standards and policies are used to ensure and maximize the quality, objectivity, utility, and integrity of its information. FHWA periodically reviews quality issues and adjusts its programs and processes to ensure continuous quality improvement.

H.6 SITE VISITS

The FHWA, through its authorized representative, has the right at all reasonable times, to make site visits for the purpose of reviewing the project accomplishments and management control systems, and to provide technical assistance and guidance as may be required. If any site visit is made by the FHWA on the premises of the Contractor, a team member, or a subcontractor performing work under the contract, same will provide and will require their subcontractor(s) to provide all reasonable facilities and assistance for the safety and convenience of the FHWA and other Government representatives, in the performance of their duties. Such visits may be either announced or unannounced.

H.7 NON-PERSONAL SERVICES CONTRACT

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

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

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

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

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

H.8 VEHICULAR AND GENERAL PUBLIC LIABILITY INSURANCE

a. The Government cannot indemnify the Contractor or its subcontractor(s) from liability as a result of the performance of work under this contract. The Contractor shall be liable for, and shall indemnify and hold harmless the Government against all actions or claims for loss of or damage to property or the injury or death of persons, resulting from the fault, negligence, or wrongful act or omission of the Contractor, its agents, or its employees.

b. Therefore, if the Contractor is required under the Statement of Work of this contract or any task order issued hereunder, to operate motor vehicles, trailers, and/or marine vessels owned or leased by the Government, the Contractor shall obtain adequate property, vehicle and liability insurance during the entire period of performance.

c. The Contractor agrees to maintain, during the continuance of this contract, vehicular or water craft damage (collision and comprehensive), liability, and general public liability insurance with limits of liability for:

1. Bodily Injury of not less than $1,000,000 for each person and $2,000,000 for each occurrence; and

2. Property damage of not less than $200,000 for each accident.

d. The U.S. Department of Transportation- Federal Highway Administration shall be listed as an Additional Insured Party of any policy obtained under this contract.

e. The Contractor shall notify the Contracting Officer (CO) in writing that the required insurance has been obtained and shall furnish a copy of any policies to the CO. The policies evidencing required insurance shall contain an endorsement to the effect that any cancellation or any material change adversely affecting the interests of the Government shall not be effective until 30 days after written notice has been provided to the CO. The policies shall exclude any claim by the insurer for subrogation against the Government by reason of any payment under the policies. Evidence of such insurance must be submitted to the Contracting Officer as a condition of award.

H.9 REQUIREMENTS FOR IMPLEMENTING SECTION 508 STANDARDS

The following applies to all FHWA Contracts for Preparation of Technical reports or other documents prepared and delivered to FHWA under the contract.

In addition to the work requirements specified in this statement of work, vendors must ensure that all electronic documents that they prepare will meet the requirements of Section 508 of the Rehabilitation Act. The act requires that all electronic products prepared for the Federal Government be accessible to persons with disabilities, including those with vision, hearing, cognitive, and mobility impairments. Vendors can view Section 508 of the Rehabilitation Act (http://www.access-board.gov/508.htm) and the Federal IT Accessibility Initiative (Home Page) (http://section508.gov/) for detailed information.

Applicable Standards

The following standards have been determined to be applicable to this contract:

The FHWA has determined that the accessibility requirements contained in the Electronic and Information Technology Accessibility Standards, Section 1194.22, “Web-based intranet and internet information and applications,” and Section 1194.24, “Video and Multi-media products,” apply to this work. The standards are available at www.access-board.gov/sec508/508standards.htm. The standards do not require the installation of specific accessibility-related software or the attachment of an assistive technology device, but merely require that the EIT be compatible with such software and devices so that it can be made accessible, if so required by the agency, in the future.

The following paragraphs summarize the requirements for preparing FHWA reports in conformance with Section 508 for eventual posting by FHWA to an FHWA-sponsored website. If you have further questions, please contact the FHWA contracting officer’s representative listed in this statement of work.

Electronic documents with images:

Provide a text equivalent for every non-text element in all publications prepared in electronic format. Use descriptions (such as, "alt" and "longdesc") for all non-text images or place them in element content. For all documents prepared, vendors must prepare one standard HTML format (as described in this statement of work) AND one text format that includes descriptions for all non-text images. “Text equivalent” means text sufficient to reasonably describe the image. For example, an image that is merely decorative requires only a very brief “text equivalent” description. However, if the image conveys information that is important to the content of the report, then text sufficient to reasonably describe that image and its purpose within the context of the report must be provided.

Electronic documents with complex charts or data tables:

When preparing tables that are heavily designed, provide adequate alternate information so that assistive technologies can read them out. Identify row and column headers for data tables. Provide the information in a non-linear form. Markup shall be used to associate data cells and header cells for data tables that have two or more logical levels of row or column headers.

Electronic documents with forms:

When electronic forms are designed to be completed on-line, the form shall allow people using assistive technology to access the information, field elements, and functionality required for completion and submission of the form, including all…