DTFH61-12-R-00011.RFP.pdf

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

23. SUBMIT INVOICES TO ADDRESS SHOWN

IN (4 copies unless otherwise specified)

ITEM

24. ADMINISTERED BY (If other than Item 7) CODE 25. PAYMENT WILL BE MADE BY CODE

26. NAME OF CONTRACTING OFFICER (Type or print) 27. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

28. AWARD DATE

SOLICITATION, OFFER AND AWARD 1. THIS CONTRACT IS A RATED ORDER UNDER

DPAS (15 CFR 700)

RATING PAGE OF PAGES

1 | 46

2. CONTRACT NUMBER 3. SOLICITATION NUMBER

DTFH61-12-R-00011

4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

5. DATE ISSUED

March 6, 2012

6. REQUISITION/PURCHASE NO.

6501-12001

7. ISSUED BY CODE HAAM-20 8. ADDRESS OFFER TO (If other than Item 7)

Federal Highway Administration Office of Acquisition Management 1200 New Jersey Ave. SE Mail Stop E65-101, HAAM-20F Washington, DC 20590

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

SOLICITATION

Sealed offers in original and electronic email copy (Angela.Jones@dot.gov) for furnishing the supplies or services in the Schedule will be received at the place specified in 7. until 3:15 pm Washington, D.C. Time, Monday, April 9, 2012.

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

10. FOR

INFORMATION

CALL:

A. NAME

Angela A. Jones

B. TELEPHONE (NO COLLECT CALLS) C. E-MAIL

ADDRESSAngela.Jones@dot.gov AREA CODE

NUMBER

366-4255

EXT.

11. TABLE OF CONTENTS

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

PART I - THE SCHEDULE PART II - CONTRACT CLAUSES

X A SOLICITATION/CONTRACT FORM 1 X I CONTRACT CLAUSES 25

X B SUPPLIES OR SERVICES AND PRICE/COST 2 PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.

X C DESCRIPTION/SPECS./WORK STATEMENT 3 X J LIST OF ATTACHMENTS 30

X D PACKAGING AND MARKING 5 PART IV - REPRESENTATIONS AND INSTRUCTIONS

X E INSPECTION AND ACCEPTANCE 5 X K REPRESENTATIONS, CERTIFICATIONS

AND OTHER STATEMENTS OF OFFERORS

31 X F DELIVERIES OR PERFORMANCE 6

X G CONTRACT ADMINISTRATION DATA 7 X L INSTRS., CONDS., AND NOTICES TO OFFERORS 37

X H SPECIAL CONTRACT REQUIREMENTS 13 X M EVALUATION FACTORS FOR AWARD 46

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

14. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the

SOLICITATION for offerors and related documents

Numbered and dated):

AMENDMENT NO. DATE AMENDMENT NO. DATE

15A. NAME

AND

ADDRESS

OF

OFFEROR

CODE FACILITY 16. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

OFFER (Type or print)

15B. TELEPHONE NUMBER 15C. CHECK IF REMITTANCE

ADDRESS IS DIFFERENT FROM ABOVE -

ENTER SUCH ADDRESS IN SCHEDULE.

17. SIGNATURE 18. OFFER DATE

AREA CODE NUMBER EXT.

AWARD (To be completed by Government)

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

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 33 (Rev. 9-97) Previous edition is unusable Prescribed by GSA – FAR (48 CFR) 53.214

PART I

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

The Contractor shall furnish all necessary facilities, materials, and personnel and shall perform all non-personal services necessary to operate a Recreational Trails Program (RTP) Database in accordance with the Statement of Work described in Section C, below.

The maximum potential amount for all work under this Firm-Fixed-Price Service Contract, CLINS 0001 through 0013 is as delineated below:

CONTRACT

LINE ITEM

NUMBER (CLIN)

SCHEDULE OF

SUPPLIES OR

SERVICES /

PERFORMANCE

QUANTITY UNIT UNIT PRICE MAXIMUM POTENTIAL

PRICE

0001 – Task 1 (Base

Year)

Develop a searchable Recreational Trails Program (RTP) database

1 Lot (2 months)

$ (Firm-Fixed Price)

$ (Firm-Fixed Price)

0002 – Task 2 (Base Year)

Operate, maintain, and update the RTP database

10 Month

0003 – Task 3 (Base Year)

Annual Report

1 Lot

0004 – Cost Reimbursable

Travel (Base Year)

Travel associated with CLINs 0001 and 0003

-- NTE

$2,000 (Cost Reimbursable Not to Exceed Amount)

0005 – Task 2

(Option Year 1)

Operate, maintain, and update the RTP database

12 Month

0006 – Task 3

(Option Year 1)

0007 – Cost Reimbursable Travel (Option

Year 1)

CLIN 0006

-- NTE

0008 – Task 2

(Option Year 2)

Operate, maintain, and update the RTP database

0009 – Task 3

(Option Year 2)

0010 – Cost Reimbursable Travel (Option

Year 2)

CLIN 0009

-- NTE

0011 – Task 2

(Option Year 3)

Operate, maintain, and update the RTP database

0012 – Task 3

0013 – Cost Reimbursable Travel

CLIN 0012

-- NTE

Grand Total

Total maximum potential price for all work under this contract

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 Background

The Federal Highway Administration’s (FHWA’s) Recreational Trails Program (RTP) provides funds to the States to develop and maintain recreational trails for motorized and nonmotorized use. In an effort to promote program transparency, FHWA seeks to track how States use RTP funds in a manner that provides sufficient information to the public without undue burden on State program administrators.

Updating this database is important because nearly 20,000 RTP projects have been completed and there are more than 1,000 new RTP projects each year. FHWA’s Web security requirements prevent providing the States sufficient access to keep the database updated.

The existing RTP project database is www.funoutdoors.info/rtphome.html. However, this database is not adequate for the needs of FHWA, the States, or the public.

C.2 Contract Objective

The objective of the contract is to develop, operate, and update a searchable Recreational Trails Program (RTP) database to be available on a website, and to provide annual reports on RTP funding.

C.3 Scope of Work

The Contractor shall:

• Develop a searchable RTP database to be available on a website. The website and database shall include accurate and up-to-date RTP information, an RTP project list, and a project image library.

• Operate and update the RTP website.

• Reply to technical inquiries from the public.

• Develop an annual report based on the database and other program information.

C.4 Delineation of Contractor Tasks

Task 1: Develop a searchable Recreational Trails Program (RTP) database

The Contractor shall develop a searchable Recreational Trails Program (RTP) database to be available on a website. The website and database shall include accurate and up-to-date RTP information, an RTP project list, and a project image library. As part of Task 1, the Contractor shall attend a kick-off meeting to be held either in Washington, DC or telephonically. If it is determined that an in-person kick-off meeting is warranted, the Contractor’s travel, if non-local, shall be reimbursed at cost as part of CLIN 0004.

The website shall contain, at a minimum:

• Access to [a] searchable database[s] with:

http://www.funoutdoors.info/rtphome.html

− Accurate and up-to-date information related to the RTP, including links to appropriate

Federal and State program websites.

− A project list consisting of RTP projects for which funds have been obligated.

− An image library with RTP project examples from all States covering all project types.

Note: This means that among all project examples, not less than one per State, and among all project examples, not less than one per permissible use category. This does not necessarily require all categories from all States.

− The database shall be updateable in cooperation with the FHWA and the States (see Notes below).

• A technical assistance section to assist the public on how to use the database.

• A technical assistance section directing the public to appropriate links to related resources.

• Advanced search capabilities with multiple search parameters.

The Contractor shall meet all Federal accessibility standards for websites.

Notes:

• Examples of similar existing databases include the National Transportation Enhancements

Clearinghouse website and database, (www.enhancements.org) and the National Center for Safe Routes to School website and database, (www.saferoutesinfo.org). The current RTP project database is www.funoutdoors.info/rtphome.html. The current database is not adequate for the needs of FHWA, the States, or the public.

• The definition of “State” means a State receiving an apportionment of RTP funds. At present, this consists of the 50 States and the District of Columbia, but could include Puerto Rico or other US territories if Puerto Rico or other US territories begin to receive RTP funds.

• The FHWA’s RTP website, www.fhwa.dot.gov/environment/rectrails/, is not part of this Contract. FHWA will continue to maintain that website.

Task 2: Operate, maintain, and update the RTP database

The Contractor shall operate, maintain, and update (continually, as necessary) the RTP database.

This shall include responding to technical inquiries from the public on the use of the database.

The Contractor shall respond via telephone or email to each inquiry within one business day of the inquiry.

Task 3: Annual Report

The Contractor shall develop and produce an annual report about RTP using information from the database, describing the status of how States used RTP funds in the previous Federal fiscal year, long term trends, and other relevant information. The Contractor shall also incorporate additional publically available or Government-provided, annually relevant information on the RTP into the report. In researching the report, the Contractor shall attend one national-level conference associated with the RTP during the base year, and each option year, if exercised. The Contractor’s travel, if non-local, shall be reimbursed at cost.

http://www.enhancements.org/ http://www.saferoutesinfo.org/ http://www.funoutdoors.info/rtphome.html http://www.fhwa.dot.gov/environment/rectrails/

Notes:

Sample reports are found at the following websites:

• RTP: www.funoutdoors.info/Draft_report_6-10-2010_2004-2009_v.2.pdf

• Transportation Enhancement Activities:

www.enhancements.org/download/Spending_Report/TE_Spending_Report_FY10.pdf.

• Safe Routes to School Program: www.saferoutesinfo.org/resources/index.cfm.

SECTION D - PACKAGING AND MARKING

D.1 PACKAGING

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

D.2 SHIPMENT AND MARKING

Shipment of deliverable items, other than reports, shall be as follows:

Ship to:

Federal Highway Administration Office of Planning, Environment, and Realty 1200 New Jersey Ave., SE Washington, DC 20590

Mark for: (To be filled in at time of award.)

The Contractor shall mark each shipment with the company name, this Contract number, the item identification, quantity of items, and notice of partial or final delivery.

D.3 F.O.B. POINT

The f.o.b. point for all items, unless otherwise directed by the Government, shall be:

Federal Highway Administration Office of Planning, Environment, and Realty 1200 New Jersey Ave., SE

The f.o.b. point for reports of work is specified in Section F. All items shall be shipped f.o.b.

destination.

SECTION E - INSPECTION AND ACCEPTANCE

All work hereunder shall be subject to review by the Government.

http://www.funoutdoors.info/Draft_report_6-10-2010_2004-2009_v.2.pdf http://www.enhancements.org/download/Spending_Report/TE_Spending_Report_FY10.pdf http://www.saferoutesinfo.org/resources/index.cfm

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

52.246-4 INSPECTION OF SERVICES – FIXED PRICE (AUG 1996)

SECTION F - DELIVERIES OR PERFORMANCE

F.1 PERIOD OF PERFORMANCE

All work and services required shall be completed on or before 12 months after the effective date of the Contract. If the Government exercises the three one-year options, the total period of performance shall not exceed 48 months.

F.2 DELIVERABLES

All deliverables and a copy of the monthly reports (See Section G) under the Contract shall be delivered via email, with transmittal cover letter, to the following address:

Office of Planning, Environment, and Realty 1200 New Jersey Ave., SE Washington, DC 20590 Attention: (to be filled in at award) Email: (to be filled in at award)

The monthly reports and other items as specified shall be delivered to the Contract Administrator delivered via email, with transmittal cover letter, to the following address:

Office of Acquisition Management HAAM-20F, Mail Stop E65-101 1200 New Jersey Ave. SE Washington, D.C. 20590 Attention: (to be filled in at award) Email: (to be filled in at award)

F.4 52.242-15 STOP-WORK ORDER (AUG 1989)

(a) The Contracting Officer may, at any time, by written order to the Contractor, require the Contractor to stop all, or any part, of the work called for by this contract for a period of 90 days http://www.acquisition.gov/far after the order is delivered to the Contractor, and for any further period to which the parties may agree. The order shall be specifically identified as a stop-work order issued under this clause. Upon receipt of the order, the Contractor shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stoppage. Within a period of 90 days after a stop-work is delivered to the Contractor, or within any extension of that period to which the parties shall have agreed, the Contracting Officer shall either—

(1) Cancel the stop-work order; or

(2) Terminate the work covered by the order as provided in the Default, or the Termination for Convenience of the Government, clause of this contract.

(b) If a stop-work order issued under this clause is canceled or the period of the order or any extension thereof expires, the Contractor shall resume work. The Contracting Officer shall make an equitable adjustment in the delivery schedule or contract price, or both, and the contract shall be modified, in writing, accordingly, if—

(1) The stop-work order results in an increase in the time required for, or in the Contractor’s cost properly allocable to, the performance of any part of this contract; and

(2) The Contractor asserts its right to the adjustment within 30 days after the end of the period of work stoppage; provided, that, if the Contracting Officer decides the facts justify the action, the Contracting Officer may receive and act upon the claim submitted at any time before final payment under this contract.

(c) If a stop-work order is not canceled and the work covered by the order is terminated for the convenience of the Government, the Contracting Officer shall allow reasonable costs resulting from the stop-work order in arriving at the termination settlement.

(d) If a stop-work order is not canceled and the work covered by the order is terminated for default, the Contracting Officer shall allow, by equitable adjustment or otherwise, reasonable costs resulting from the stop-work order.

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 FUNDS AVAILABLE

a. Currently, funds in the amount of $ contract is fully funded (Base Year).

are obligated to this contract. The

b. Should the Government elect to exercise any or all of its options under this contract, the amounts specified in Section B for that option period will be obligated subject to the availability of funds and by formal modification to the contract by the Contracting Officer.

G.2 PAYMENT – FIXED PRICE

The Government will pay the Contractor the fixed unit prices specified in Section B, upon satisfactory completion of services during the period billed, including receipt of the deliverables listed below. Satisfactory completion shall be determined by the COR and the Contracting Officer.

After FHWA’s acceptance of the products and services delivered and upon the submission of proper invoices, the Government will pay the Contractor the prices stipulated in Section B.

G.3 DELIVERABLE SCHEDULE

Deliverable CLIN Description Due Date

Letter Describing Completion of Task 1

Contractor Notifies Government that Task 1 is complete

60 days from effective date of Contract

10 Monthly Progress Reports – Base Year

See “Monthly Progress Reports” Section G

Each monthly progress report due 10 days after the conclusion of the month being reported

Annual Report –Base Year

See Task 3, Section C

11 months from the effective date of the Contract

12 Monthly Progress Reports – Option Year 1

0005 –if

See “Monthly Progress Reports” Section G

Each monthly progress report due 10 days after the conclusion of the month being reported

Annual Report – Option Year 1

0006–if exercised

11 months from the effective date of the first Option Year

Reports – Option Year 2

0008–if exercised

See “Monthly Progress Reports” Section G

Each monthly progress report due 10 days after the conclusion of the month being reported

Annual Report – Option Year 2

0009–if exercised

11 months from the effective date of the second Option Year

Reports – Option Year 3

0011–if exercised

See “Monthly Progress Reports” Section G

Each monthly progress report due 10 days after the conclusion of the month being reported

Annual Report – Option Year 3

0012–if exercised

11 months from the effective date of the third Option Year

G.4 MONTHLY PROGRESS REPORTS

Monthly progress reports shall be prepared in accordance with the above schedule.

Monthly progress reports shall consist of the following:

1. Concise description of the work performed during the period under Task 2 (Section C).

2. Tabulated statistics on technical inquiries received, including: number of inquiries, length of time for response to inquiry, brief description of nature of inquiry, and description of resolution.

3. A description of problems encountered during the period, if any, and the proposed solution.

G.5 INVOICES

To be considered proper for payment, the first page of the invoice shall contain the following information:

1. Name and address of the Contractor.

2. Invoice number and invoice date.

3. Contract number and title.

4. Amount billed by CLIN, current and cumulative.

5. Total amount of billing.

6. Cumulative total billed for all Contract work to date.

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

If the invoice includes charges pertaining to CLIN 0004, CLIN 0007, CLIN 0010, or CLIN 0013 (cost reimbursable travel), the following pages of the invoice shall include a detailed breakdown of any cost-reimbursable travel charged for under the invoice, and backup (copies of receipts). The backup shall be presented in a well-organized manner.

Invoices may be submitted no more frequently than monthly (more than one CLIN may be billed on an invoice).

Submit all invoices to one of the following invoice addresses:

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.”

(iv) Attention: To be filled in at time of award

Example: Invoice No. 35 – DTFH61-12-C-00001 – ABC Company – Attention:

John Doe mailto:9-AMC-AMZ-FHWA-Invoices@faa.gov

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: To be filled in at time of award 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: To be filled in at time of award

All invoices, regardless of submission method, must identify the Contract Specialist 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.6 SUBCONTRACTS - ADVANCE NOTIFICATION AND CONSENT

The requirements of FAR 44.2, CONSENT TO SUBCONTRACTS, have been fulfilled for the following subcontracts:

[as negotiated]

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.

G.7 TRAVEL AND PER DIEM

Travel will be reimbursed in accordance with the Federal Acquisition Regulation (FAR), and the current Federal Travel Regulations (FTR) which are promulgated at 41 CFR, Chapters 300 to 304 and viewable at www.gsa.gov/federaltravelregulation. The FTR implements statutory requirements and Executive branch policies for travel by federal civilian employees and others authorized to travel at government expense. The following issues are summarized below to ensure a thorough and consistent understanding:

Travel reimbursed under this contract shall be based on the most economical form of transportation available only. Any costs deemed unreasonable will be reduced to a reasonable amount. Improper costs will be disallowed and deducted from the invoice. Any exceptions shall be fully justified and documented with the invoice.

http://www.gsa.gov/federaltravelregulation

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 Contracting Officer. Fee is not authorized for travel and per diem expenses.

G.8 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.9 KEY PERSONNEL

The Contractor has designated the following as the key personnel under this Contract:

Position Employee

In the event that the key personnel become unavailable to continue in the performance of this Contract, the appointment of a replacement shall be subject to prior written approval of the Contracting Officer.

G.10 CONTRACTOR SUPERVISION

The Contractor shall provide total supervision of its staff. Government personnel are not authorized or permitted to supervise any Contractor personnel. The Contractor's Project Manager for this Contract is , who shall communicate with the COR to determine the Government's work requirements as set forth in the Statement of Work and shall assure that these requirements are fulfilled. In the event the designated Project Manager is incapacitated due to illness or injury or otherwise is to be removed by the Contractor during the Contract performance, replacement of the incumbent Project Manager shall be subject to the approval of the

CO.

G.11 NON PERSONAL SERVICES CONTRACT

This contract is a “non-personal services contract” as defined in the FAR Subpart 37.101. It is understood and agreed that the Contractor and/or Contractor’s employees, consultants 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 any direct or indirect supervision or control by any Government employee with respect to the manner or method of performance of the services specified

(4) Shall, pursuant to the government rights under contract clauses such as “Inspection,” and “Key Personnel” comply with such general direction of authorized Government employees as is necessary and appropriate to ensure accomplishment of the contract requirements and objectives.

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 1252.239-70 SECURITY REQUIREMENTS FOR UNCLASSIFIED

INFORMATION TECHNOLOGY RESOURCES (APR 2005)

(a) The Contractor shall be responsible for Information Technology security for all systems connected to a Department of Transportation (DOT) network or operated by the Contractor for DOT, regardless of location. This clause is applicable to all or any part of the contract that includes information technology resources or services in which the Contractor has physical or electronic access to DOT’s sensitive information that directly supports the mission of DOT. The term “information technology”, as used in this clause, means any equipment or interconnected system or subsystem of equipment, including telecommunications equipment, that is used in the automatic acquisition, storage, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information. This includes both major applications and general support systems as defined by OMB Circular A-130. Examples of tasks that require security provisions include:

(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, in performance of the contract 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 Contractors 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.

H.2 REQUIREMENTS FOR IMPLEMENTING SECTION 508 STANDARDS

The following applies to all FHWA Contracts issued on or after June 25, 2001, for Preparation of Technical reports or other documents that FHWA plans to post on a website.

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.

http://www.access-board.gov/508.htm) http://section508.gov/)

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,” apply to this work. The standards are available at www.access-board.gov/508.htm. 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 officers technical representatives 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 directions and cues.

H.3 POST-AWARD EVALUATION OF CONTRACTOR PERRFORMANCE

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.

http://www.access-board.gov/508.htm

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.

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.

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.

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.

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

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

CPARS.

H.4 UNAUTHORIZED USE AND DISCLOSURE OF PROPRIETARY INFORMATION

To the extent that the work under this Contract requires access to proprietary data, the Contractor shall protect such data from unauthorized use. This refers to either Government or other confidential financial or business information.

H.5 ACCESS TO SENSITIVE INFORMATION BY CONTRACTOR EMPLOYEES

Work under this Contract may involve access to sensitive information* which shall not be disclosed by the Contractor unless authorized by the Contracting Officer. To protect sensitive information, the Contractor shall provide training to any Contractor employee authorized access to sensitive information and, upon request of the Government, provide information as to an individual's suitability to have such authorization. Contractor employees found by the Government to be unsuitable or whose employment is deemed contrary to the public interest or http://www.cpars.csd.disa.mil/cparsfiles/cpars/refmatl.htm http://www.cpars.csd.disa.mil/ consistent with the best interest of national security, may be prevented from performing work under the particular Contract when requested by the Contracting officer.

The Contractor shall ensure that Contractor employees are: (1) citizens of the United States of America or an alien who has been lawfully admitted for permanent residence or employment (indicated by immigration status) as evidenced by Immigration and Naturalization Service documentation; and (2) have background investigations in accordance with DOT Order 1630.2B, Personnel Security Management.

The Contractor shall include the above requirements in any subcontract awarded involving access to Government facilities, sensitive information, and/or resources.

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

H.6 CONTRACTOR PERSONNEL PREPROCESSING, BACKGROUND

INVESTIGATION and INFORMATION SECURITY SYSTEM AWARENESS

TRAINING

a. This FHWA local clause is applicable to contracts that have or will have Contractor

Personnel (CP) working onsite in FHWA facilities, have CP who require DOT network access, require access to sensitive information, OR access to DOT resources. The clause is issued to:

1) supplement DOT HSPD-12 Personal Identity Verification, TAR 1252.237-70

Qualifications of Contractor Employees, and TAR 1252.239-70 Security Requirements for Unclassified Information Technology Resources,

2) provide detailed instructions for preprocessing CP and initiating background investigations,

3) implement the requirement for CP who work onsite in FHWA facilities OR require Department of Transportation (DOT) network access to submit proof of Information Security System Awareness (ISSA) training in conjunction with their background investigation request, and

4) provide information about the required ISSA training.

b. CP shall not be permitted to begin work in FHWA facilities, have connectivity to the

DOT network, access sensitive information, OR access DOT resources until documentation required to initiate a background investigation is received, ISSA training is completed, and authorization is received from FHWA Personnel Security.

The initial process takes several business days and IS ONLY THE BEGINNING OF THE ACTUAL BACKGROUND INVESTIGATION. The Contractor, Program Manager (PM)/CP will be notified by FHWA Personnel Security via e-mail once CP are cleared to report for duty. While CP may report for duty, final clearance is granted only after the background investigation is complete. Completion of the background investigation can take months depending upon the actual investigation findings and the depth of investigation that results from those findings. The Government will provide the Contractor/PM/CP with all required forms to initiate a background investigation for use by CP. Contractor/PM/CP shall complete and submit required forms for a background investigation as soon as possible after notification of selection for a position. It is imperative that the PM and CP respond promptly to any additional information requests from the COR, FHWA Personnel Security, or the Office of the Secretary of Transportation (OST) Security Office so that the process can be completed as efficiently and quickly as possible.

1) Immediately upon notification of selection for a position, CP shall fill out the Form

DOT 1600.8, Personnel Security Action Request and Notification. This form is used to initiate a background investigation. The Form DOT 1600.8 can be found here http://www.volpe.dot.gov/career/docs/psaf1600-8.doc or sent to the Contractor/PM/CP by the Contracting Officer’s Representative (COR). Upon completion, this form shall be submitted to the field specialist/COR who will complete the “Requesting Office” section. The COR will submit the completed DOT 1600.8 to FHWA Personnel Security.

2) In addition to the DOT 1600.8, CP shall provide two fingerprint samples for the background investigation. Contractor/PM/CP can obtain the blank fingerprint cards from the COR. CP can have fingerprints taken at their local Law Enforcement agency. PMs in the local commuting area (DC, Virginia, Maryland, etc.) may arrange through their COR for CP to visit the Identification Media Center in the Headquarters West Building, Room W-12 for fingerprinting. Contractor/PM/CP shall mail or express mail (highly recommended) two fingerprint cards to FHWA Personnel Security. CP in the local commuting area have the choice of mailing their fingerprint cards or giving them directly to the COR. It is highly recommended that CP who will be working at Headquarters or Turner-Fairbanks Highway Research Center get fingerprinting done at the Identification Media Center in the Headquarters West Building.

3) All onsite or network access CP must complete ISSA training. ISSA training can be found at http://sat.dot.gov with the title “Federal ISS Awareness (for non-DoD Personnel).” Questions about the ISSA training should be directed to the COR.

After completion, CP must print a copy of the training certificate. The certificate shall be submitted along with the DOT 1600.8 to the COR. Subsequent refresher training is required annually by a date to be determined each year.

4) The Electronic Questionnaires for Investigations Processing (E-QIP) system provides a questionnaire that is used to collect information required to do a background investigation. For CP who have a current background investigation, the Contractor/PM/CP will be notified by the OST Security Office if the E-QIP is required. CP will be granted access to the E-QIP system after the DOT 1600.8 is submitted to FHWA Personnel Security by the field specialist/COR. CP will receive an email from the OST Security Office and/or the FHWA Personnel Security with a link to the E-QIP system. The e-mail will also contain instructions on the required actions and documents that must be completed and submitted to the http://www.volpe.dot.gov/career/docs/psaf1600-8.doc http://sat.dot.gov/

COR. Note that the documents may be hand carried to FHWA Personnel Security by the PM or CP provided that they are escorted by the COR.

5) Under some circumstances a resume will be requested.

6) Once the items listed above are received and processed by FHWA Personnel Security, and the PM or CP receive notification that CP may report for duty, the COR will initiate a request for DOT network access. When that access is received, which may take several days, CP will receive e-mail instructions for applying for a DOT identification (ID) card. The process to receive the ID card is governed by OST Security Office and may also take several days.

7) If, due to the results of the background check or any other reason, CP are found to be unsuitable for work under a FHWA contract, the COR will notify the Contractor/PM.

H.7 U.S.DEPARTMENT OF TRANSPORTATION (DOT) CONTRACTOR

PERSONNEL SECURITY AND AGENCY ACCESS (NOVEMBER 2011)

The following definitions are provided:

• “Agency Access” means access to DOT facilities, sensitive information, information systems or other DOT resources.

• “Applicant” is a contractor employee for whom the contractor submits an application for a DOT identification card.

• “Contractor Employee” means prime contractor and subcontractor employees who require agency access to perform work under a DOT contract.

• “Identification Card” (or “ID card”) means a government issued or accepted identification card such as a Personal Identity Verification…