DTFH61-12-R-00032.pdf

SOLICITATION, OFFER AND AWARD 1.THIS CONTRACT IS A RATED ORDER UNDER DPAS (15 CFR 700) RATING PAGE of PAGES

1 54

2. CONTRACT NO. 3. SOLICITATION NO. 4. TYPE OF SOLICITATION 5. DATE ISSUED 6. REQUISITION/PURCHASE NO.

DTFH61-12-R-00032 SEALED BID (IFB) June 26, 2012 50-53-12099

[x] NEGOTIATED (RFP)

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

Federal Highway Administration Office of Acquisition Management 1200 New Jersey Ave., S.E., Mail Stop E65-101 Washington, DC 20590

NOTE: In sealed bid solicitation “offer” and “Offerors” mean “bid” and “bidder”.

SOLICITATION

9. Sealed offers in original and electronic copy (Lise.Lyles@dot.gov) for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if hand carried, in the depository located in 1200 New Jersey Ave., S.E., Mail Stop E65-101, until 4:00 p.m. local time by

July 26, 2012. THIS REQUIREMENT IS FULL AND OPEN.

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

10.FOR INFORMATION

CALL:

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

Lise S. Lyles

AREA CODE

NUMBER

366-4229

EXT.

Lise.Lyles@dot.gov

Robin K. Hobbs 202

366-4004

Robin.Hobbs@dot.gov

11. TABLE OF CONTENTS

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

PART I - THE SCHEDULE PART II - CONTRACT CLAUSES

X A SOLICITATION/CONTRACT FORM 1 X I CONTRACT CLAUSES 22

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

X C DESCRIPTION/SPECS./WORK STATEMENT 3 X J LIST OF ATTACHMENTS 32

X D PACKAGING AND MARKING 7 PART IV - REPRESENTATIONS AND INSTRUCTIONS

X E INSPECTION AND ACCEPTANCE 8 X K REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF

OFFERORS

X F DELIVERIES OR PERFORMANCE 9 33

X G CONTRACT ADMINISTRATION DATA 11 X L INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS 39

X H SPECIAL CONTRACT REQUIREMENTS 18 X M EVALUATION FACTORS FOR AWARD 52

OFFER (Must be fully completed by Offerors) 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 Offerors) 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 Offerors acknowledges receipt of amendments to the SOLICITATION for Offerorss and related documents numbered and dated):

AMENDMENT NO. DATE AMENDMENT NO. DATE

15A. NAME CODE FACILITY 16. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print)

15B. TELEPHONE NO. � 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)

19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION: 23. SUBMIT INVOICES TO ADDRESS SHOWN IN > (4 copies unless otherwise specified)

ITEM

10 U.S.C. 2304(c) ( ) �

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

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 28. AWARD DATE

(Signature of Contracting Officer)

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

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition is unusable

STANDARD FORM 33 (REV. 9-97)

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

DTFH61-12-R-00032

PART I

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

The Contractor shall provide technical and support services for the different program facets of the Construction Management Team (CMT) that oversees the advancement of the construction program for the Federal Highway Administration (FHWA).

The maximum potential amount for the performance of this indefinite delivery/indefinite quantity (IDIQ), cost-sharing contract is _____________. The Contractor is not entitled to any fee under this contract.

This is an IDIQ cost-sharing contract utilizing cost reimbursement task orders (TOs) in accordance with

FAR 16.500.

The maximum potential value of all orders placed against this contract shall not exceed an amount of $ (to be filled in at award) over five years. The guaranteed minimum is $100,000 for the five-year period.

All travel shall be reimbursed at cost in accordance with the Travel and Per Diem clause (reference Section G). Travel and per diem shall not exceed a total of $1,440,000 consisting of $40,000 for Contractor staff and $1,400,000 for State Highway Agencies (SHAs) and Local Public Agencies (LPAs). This amount is included within the total estimated cost of the contract, as stated above.

(End of Section B)

SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

BACKGROUND

The FHWA’s mission is to improve mobility of our Nation’s highways through national leadership, innovation, and program delivery. Accelerating project delivery via accelerated construction with quality and safety is a means by which we advance our mission. This particular contract will advance this mission via partnerships to develop and advance policies, tools, training, guidance, and technical assistance for construction for the future.

The final outcome of these activities is a program that includes all the tools necessary to accelerate the delivery of pavement and bridge construction projects. (The principal audience is its partners (Contractors, State Department of Transportation (DOTs), Consultants, Local Public Agencies (LPAs), Materials Suppliers, Research Organizations, and Academia.)

CONTRACT OBJECTIVE

The objective of this contract is to provide services for all activities relating to development of the different program facets of the CMT, who oversees the advancement of the construction program for FHWA. The CMT needs to leverage other partner resources to advance innovative construction techniques that can accelerate the delivery of quality safe highway projects.

SCOPE OF WORK

This IDIQ cost-sharing contract is to provide technical support services and implement technology transfer in the area of Construction Management. This IDIQ will support the following technical areas:

construction quality, construction equipment, construction safety, construction project management, construction of pavements, construction of bridges, construction technology and innovations, construction scheduling, and construction estimation.

Additionally, the Contractor(s) shall perform technology delivery activities such as but not limited to workshops, conferences, equipment demonstrations, presentations, and developing technical publications, and web-based training.

DELINEATION OF CONTRACTOR TASKS

In performance of this contract, the Contractor(s) shall carry out the following types of work based on specific TOs issued by the Government.

Task 1: Equipment Demonstrations and Loans

Provide support services in the area of equipment demonstration and equipment loans and or any other ancillary equipment that is needed in support of the designated equipment to be showcased.

Provide technical assistance to States, local governments and other Federal agencies. This shall include but is not limited to:

a) literature research based on requests for information within the scope of the technology;

b) hands-on demonstration and training of equipment.

Provide to the Contracting Officer’s Representative (COR) at the end of each loan or demonstration a written report detailing the experience and future needs and recommendations.

Task 2: Technical Writing and Editing

Research, write, and edit special reports, brochures, pamphlets, program reports, technical reports, specifications, and other documents. The Contractor shall also be asked to prepare:

a) Technical material for publishing on the Internet.

b) Develop, enhance, and maintain material for publishing on the Internet and other online systems.

c) Develop various publications which can be viewed directly online or set up for downloading via the Internet.

d) Research and recommend, as appropriate, new media for information exchange to advance the activities of the Construction Management Team.

Task 3: Provide Technical Assistance in the Development of Web Based Training for Engineering

Technicians, Field Inspectors, and Contractors.

When tasked, the Contractor shall develop online training courses in any of the technical areas outlined within the scope of the contract suitable to train highway professionals. The training material shall be developed in modular form where the user can engage the training at anytime from anywhere on the Internet. The modules developed under this task are not to exceed more than one and a half hours in length whenever possible. Longer training sessions may be approved by the COR if the training material lends itself for longer sessions. The FHWA will own the rights to all training material developed by the Contractor. The Contractor shall host the training material developed under the TO on their website for the next two (2) years after the development. The Contractor will grant free access for a period not to exceed two (2) years after the development of the training material.

NOTE 1:

On year three, the Contractor may elect to update the original training material utilizing their own funds.

FHWA on year three may also elect to further develop or maintain rights to the original copy. If FHWA elects to update the training material, FHWA may elect to do so under a new TO under this contract or by other means. In either case, the Contractor shall provide access to State DOT’s and LPA after year three on a reduced fee structure to be determined at the time of the original TO.

NOTE2:

All content developed under Section C Task 3 will be Sharable Content Object Reference Model (SCORM) compliant. SCORM is a set of technical standards for e-learning software products. SCORM tells programmers how to write their code so that it can “play well” with other e-learning software. It is the de facto industry standard for e-learning interoperability. Specifically, SCORM governs how online learning content and Learning Management Systems (LMSs) communicate with each other. SCORM has nothing to do with instructional design or any other pedagogical concern; it is purely a technical standard. SCORM is also made reference to a file format standard that e-learning software products can export to other software. Both applications of SCORM must be applied in the development of any training material under this task.

NOTE3:

The web-based training products developed under this task will be provided free of charge to users 24 hours a day/7 days a week.

Task 4: Provide Technical Assistance in Convening Meetings

Organize panels and technical meetings in support of the development of technical projects and related work. Provide all technical and administrative functions associated with arranging and coordinating these events to include but not limited to:

a) Arranging meeting location.

b) Contacting participants.

c) Securing lodging and meeting room space.

d) Developing schedules.

e) Circulating meeting notices.

f) Arranging miscellaneous equipment and expendable supplies.

g) Conference/workshop support functions.

h) Contacting appropriate people from the agencies that will participate in the meetings and identify prospective members.

i) Preparing and distributing meeting/conference/workshop information such as confirmation letters with meeting details and agendas to all appropriate personnel.

j) Providing on-site support for certain activities, such as serving as a facilitator/moderator/ notekeeper, and serve as a point of contact for location staff.

k) Providing support in preparing all travel arrangements for Non-Federal members that will participate in technical panels, conferences, and/or workshop participants identified by the COR from a variety of locations around the United States and in infrequent instances from other countries.

l) Arranging for transportation reservations and tickets; hotel reservations; local transportation between transportation terminals and hotel and, if relevant, between hotel and meeting site; and other arrangements necessary to the successful travel, room and board for participants while attending the meetings.

m) Be responsible for reimbursements for these costs based on the Federal Travel Regulations

(FTR).

(End of Section C)

SECTION D - PACKAGING AND MARKING

There are NO articles for this section.

(End of Section D)

SECTION E - INSPECTION AND ACCEPTANCE

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

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

52.246-5 Inspection of Services- Cost Reimbursement (APR 1984)

52.246-16 Responsibility for Supplies (APR 1984)

(End of Section E)

SECTION F - DELIVERIES OR PERFORMANCE

PERIOD OF PERFORMANCE

All work and services required hereunder shall be completed on or before 60 months from the effective date of the contract. Any TO issued prior to the expiration date of this IDIQ, and not completed within that time, shall be completed by the Contractor within the time specified under the TO. The Contractor is required to abide by the terms and conditions of this IDIQ contract until the conclusion of the TO performance period.

The period of performance of the individual TOs will be specified within the TO document.

52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 60 months.

PLACE OF DELIVERY

All deliverables shall be delivered F.O.B. Destination, under transmittal letter, to the COR at the following address:

Federal Highway Administration Turner-Fairbank Highway Research Center 6300 Georgetown Pike McLean, VA 22101 Attention: (to be filled in at award)

Email address: (to be filled in at award)

Quarterly reports (See Section G) and other items as specified shall be delivered by email to the Contract Administrator (CA) at (to be filled in at award) and the COR at (to be filled in at award).

DELIVERABLES & SCHEDULE OF WORK

All tasks set forth in the Statement of Work shall be performed in accordance with the work schedule and deliverable schedule as delineated in each TO. Performance shall begin on the effective date of each TO.

Specific requirements for technical documentation and deliverables will be established for each individual TO. The following general requirements are applicable to all TOs:

a) Written documentation shall be well organized, and well written in clear, concise language that is readily understood by the intended audience. In most instances, the intended audience will be highway agencies including, but not limited to, the FHWA staff overseeing the work performed. In some instances, the contractor shall be called upon to prepare written materials presenting technical information in terms understandable to non-engineers.

b) The final versions of reports and other written deliverables shall be submitted in an electronic form compatible with FWHA-standard software at the time of submission. As of May 2012, the FHWA standard is Microsoft Office 2010.

c) Both the source code and executable versions of any and all applications developed or modified for use under the contract shall be delivered to the FHWA upon completion of the TO under which it was developed. Applications shall be developed using current-generation programming languages and software development tools.

52.242-15 Stop-Work Order (AUG 1989) -- Alternate I (APR 1984)

52.247-34 F.O.B. Destination (NOV 1991)

PLACE OF PERFORMANCE

All work performed under this contract shall be performed at the Contractor’s facility.

(End of Section F)

SECTION G - CONTRACT ADMINISTRATION DATA

QUARTERLY PROGRESS REPORT

The Contractor shall furnish electronic (pdf) copies of a quarterly letter-type progress report to the COR, task manager and one copy to the CA, on or before the 15th of the month following the quarter being reported. Each report shall contain concise statements covering the research activities relevant to the study, including:

(a) A clear and complete account of the work performed under each TO.

(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 individual TO within the time and fiscal constraints as set forth in the TOs, together with recommended solutions to such problems; or, a statement that no problems were encountered.

i. A section addressing how the results of the work performed support one or more of the

FHWA and DOT strategic goals of safety, mobility, global connectivity, environmental stewardship, security, and organizational excellence.

ii. A tabulation of the planned, actual and cumulative person-hours expended by the personnel identified in each TO.

iii. A chart showing current and cumulative expenditures versus planned expenditures.

TASK ORDER PROCEDURES

The following ordering procedure shall apply to all TOs issued under this contract. TOs shall be issued in accordance with FAR 52.216-18. 52.216-19, and 52.216-22 (See SECTION I). In addition:

a. The Task Order Proposal Request (TOPR) will be issued electronically. The exact nature and extent of the Contractor’s work under the contract will be based on written TOPR delivered by the CO.

b. In response, the contractor shall submit to the CO a Task Order Proposal (TOP) with the time specified for submission.

c. Within 14 calendar days after receipt of an e-mailed TOPR from the Government, or within an earlier or later deadline specified in the TOPR, the Contractor shall submit to the COR and to the CO a TOP.

d. Each TOP must clearly state the contract number and TOPR number on the cover page of the submission.

e. The TOP shall outline the Contractor’s overall approach for completing the TO and shall, at a minimum, include:

(1) Signed cover letter stating that this is the proposal responding to the TOPR.

(2) Discussion of technical approach for performing the work, including detailed list of work activities, methods, timelines, milestones, and proposed deliverables for each task, in response to the TOPR.

(3) Proposed staff for performing the work items, their labor categories, estimated level of effort (hours) and roles. Resumes shall be included for staff members new to the contract.

(4) Estimated date of commencement of work, and any changes proposed to the schedule of performance;

(5) Budget summary for the entire period of performance, including:

Labor categories, staff names, direct labor hours, hourly rates, for each task.

Indirect Rates and their applications.

Subcontractors/Consultants and your cost analysis in accordance with FAR

15.404-3.

Other Direct Costs with a breakout by category by task.

Travel and materials cost estimates.

Total estimated cost for completion of the TO.

e. If the Contractor either at the time of receipt of a TO or at any time during work assignment performance has reason to believe that the cost or number of labor hours will exceed the estimates set forth in the TO, the Contractor shall immediately notify the COR and CO in writing and suggest a revised estimate for completion of the work required. After discussion with the COR, the CO may issue a modification revising the terms and conditions of the TO.

f. The Contractor is not authorized to expend funds beyond those obligated to the TO. Additionally, the effort under each TO shall not exceed the total ceiling price specified. The Limitation of Funds or Limitation of Cost clauses apply to each cost reimbursable TO individually. Therefore, the Contractor is required to notify the CO by each individual TO in accordance with clauses 52.232-22, Limitation of Funds, and 52.232-20 Limitation of Cost, as applicable.

TASK ORDER SELECTION CRITERIA

The FHWA anticipates that the following elements will be the standard criteria for awarding individual TOs: technical merit, adequacy of proposed staffing, past performance and cost/price in relation to TO requirements.

FUNDS AVAILABLE

(a) Funding will be obligated with award of individual TOs.

(b) The clause entitled "LIMITATION OF FUNDS" applies to this contract. Any notification required on the part of the Contract shall be made in writing to the CO. In the event that the contract is not funded beyond the estimated cost set forth in the schedule, the Contractor shall deliver to the CO the data collected and the material produced or in process or acquired in connection with the performance of the project provided herein together with a summary report in five copies of its progress and accomplishments to date.

PAYMENT – COST REIMBURSEMENT

The Contractor may request monthly interim payments for costs incurred during the performance of each specific TO. A statement of costs incurred by the Contractor in the performance of each TO issued under this contract and claimed to constitute allowable costs shall support each monthly interim payment request. Each monthly interim payment request shall be submitted in accordance with "The FHWA Billing Instructions for Cost Reimbursement Contracts" to be considered proper for payment. Prior approval of the CO is required if the Contractor wishes to use a different payment request format.

Email one copy of the invoice to the CA and one copy to the COR.

In accordance with clause 52.232-25, "Prompt Payment", monthly 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 the clause 52.232-25 (see NOTE on page 12).

INDIRECT COSTS

Pending the establishment of final indirect cost rates which shall be negotiated based on audit of actual costs as provided in Subpart 42.7 (“Indirect Cost Rates”) of the Federal Acquisition Regulation, the Contractor shall be reimbursed for allowable indirect costs hereunder at the billing rate of [__TO BE NEGOTIATED__]. 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 on page 2 (SECTION B) and under the PAYMENT provision above.

ESCALATION RATE

Annual escalation of labor rates shall not exceed _______ percent, beginning in the second year of this contract, unless authorized by the CO.

TRAVEL AND PER DIEM

Travel will be reimbursed in accordance with the 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 total travel costs shall not exceed the amounts negotiated at the contract or TO level without express written approval of the CO. The following issues are summarized below to ensure a thorough and consistent understanding:

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 CO. Fee is not authorized for travel and per diem expenses.

Approved per diem rates and POV mileage reimbursement rates are located at www.gsa.gov/perdiem.

NOTE: Most “economical form of transportation available” includes nonrefundable tickets for travel unless the TO specifically states that the travel date(s) is tentative only.

INVOICES

To be considered for proper 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 of billing;

6. Cumulative total billed for all contract work to date; and

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 travel, the following pages of the invoice shall include a detailed breakdown of any cost reimbursable travel charges under the invoice, and copies of all receipts presented in an organized manner.

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: Lise S. Lyles

Example: Invoice No. 1 – DTFH61-10-C-00001 – ABC Company – Attention: Lise S. Lyles

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: Lise S. Lyles 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: Lise S. Lyles

All invoices, regardless of submission method, must identify Lise S. Lyles as the invoicing point of contact.

Note:

The final invoice is not subject to interest payment under the Prompt Payment Act. The Contracting Officer will process the final invoice as a routine part of the closeout process. When requested, the Contractor shall submit the final invoice directly to the Contracting Officer along with the final closeout documents. When the final invoice is ready for payment, the Contracting Officer will submit the final invoice to OKC for Markview processing, along with any other required closeout documents.

CONTRACTING OFFICER'S REPRESENTATIVE (COR)

The CO has designated _________________ as the COR.

(a) The CO 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 CO will designate a 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 CO 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 CO 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 CO’s response issued under paragraph (e) of this clause.

(e) The CO 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 CO and the COR.

SUBCONTRACTS - ADVANCE NOTIFICATION AND CONSENT

Under this contract, 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.

1252.237-73 KEY PERSONNEL (APR 2005)

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

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

The Key Personnel under this Contract are: (specify key personnel)

(End of Section G)

SECTION H - SPECIAL CONTRACT REQUIREMENTS

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.

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.

(End of Clause)

NON-PERSONAL SERVICES CONTRACT

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

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

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

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

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

DISSEMINATION OF CONTRACT INFORMATION

The Contractor shall not publish, permit to be published, or distribute information, oral or written, concerning the results or conclusions made pursuant to the performance of this contract, without the prior written consent of the CO. Two copies of any material proposed to be published or distributed shall be submitted to the CO, and one copy to the COR.

QUALITY ASSURANCE STATEMENT

The FHWA 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. The FHWA periodically reviews quality issues and adjusts its programs and processes to ensure continuous quality improvement.

REPRINTS OF PUBLICATIONS

At such time that any article resulting from work under this contract is published, two reprints of the publication shall be sent to the COR, clearly referencing this contract number and any other appropriate handling information. Written notification shall also be provided to the CO.

SPECIFICATIONS FOR ELECTRONIC DELIVERABLES

All electronic deliverables shall be supplied in both Microsoft Office file format (e.g. Excel, PowerPoint, Word, Access, and Visio) and/or PDF Format as required by the Government. All text should be in Times New Roman or Arial 12 pt. Font. The FHWA style guide should be used for reference citations and style. Graphs and charts should be clearly labeled using APA style and, while color may be used, they should be friendly for black and white printing. All deliverables are the property of the United States Government, and may be posted on a public website or submitted to a conference or meeting for distribution. As such, all media shall be fully accessible and in compliance with FAR 39.2 and TAM NOTE 01-03/Section 508 of the Rehabilitation Act (see below).

REQUIREMENTS FOR IMPLEMENTING SECTION 508 STANDARDS

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.

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/sec508/508standards.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 COR 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.

GOVERNMENT FURNISHED OR CONTRACTOR ACQUIRED PROPERTY

Equipment provided by the Government or acquired by the Contractor for the performance of work under this contract shall be maintained and accounted for in accordance with the provisions of FAR Part

45. At the conclusion of the contract, all equipment provided by the Government to the Contractor shall be returned to the Government in the same condition as when provided to the Contractor, less normal wear and tear. The Contractor is responsible for transporting all equipment to FHWA at the conclusion of the contract.

RIGHTS IN DATA AND REPORTS

Property rights, including publication rights, in progress reports, final reports, source code and data first produced under this contract, provided for hereunder shall rest with the Government and the Contractor, in accordance with the Rights in Data – General clause at FAR 52.227-14-General.

(End of Section H)

PART II

SECTION I - CONTRACT CLAUSES

FH.01 PRINTING RESTRICTIONS

All printing funded by this agreement must be done in conformance with Joint Committee on Printing regulations as prescribed in Title 44, United States Code, and Section 308 of Public Law 101-163, and all applicable Government Printing Office and Department of Transportation regulations.

FH.02 CENTRAL CONTRACTOR REGISTRATION (DOT CLAUSE)

All Contractors desiring to receive awards of DOT contracts, purchase orders, delivery orders, or other contractual vehicles must be registered in the Central Contractor Registration (CCR) database before receiving an award, and throughout the contract's period of performance. The CCR is a Department of Defense web-based repository of Contractor information.

Interested offerors should read and understand the requirements of FAR 52.204-7. The offeror must register in the CCR prior to receiving any DOT contract awards, and must maintain current, updated information in CCR throughout the performance period of the contract. The Electronic Funds Transfer information in the CCR must be accurate in order for Contractors' invoices or contract financing requests to be considered proper invoices for the purpose of prompt payment under DOT contracts.

Offerors can register in CCR at any time and are encouraged to do so immediately.

Offerors may register in the CCR database and obtain additional information at http://www.ccr.gov, or by calling 1-888-227-2423. The Contractor is responsible for the accuracy and completeness of the data within the CCR, and for any liability resulting from the DOT's reliance on inaccurate or incomplete data.

To remain registered in the CCR database after the initial registration, the Contractor must confirm on an annual basis that its information in the database is accurate and complete.

*****ALERT**** FRAUDULENT CCR LETTERS***********

Recently, current U. S. Department of Transportation (DOT) Contractors and potential Contractors have received fraudulent letters purporting to be issued by DOT. These fraudulent letters request that current or potential Contractors register in the DOD Central Contractor Registration System (CCR). If you receive such a letter, please DO NOT complete the requested CCR worksheet that is attached to the letters and DO NOT release any information to the facsimile number cited in the letter. Please be aware that no Federal agency requires any confidential information to be submitted to verify CCR registration.

The CCR is a legitimate government system. However, to register, Contractors should go directly through the CCR website and never through a third party. There is no requirement to send information directly to any Federal agency. For information on how to register in the CCR, please visit website http://www.ccr.gov/ or call 1-888-227-2423.

52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING

RESPONSIBILITY MATTERS (FEB 2012)

(a) The Contractor shall update the information in the Federal Awardee Performance and Integrity Information System (FAPIIS) on a semi-annual basis, throughout the life of the contract, by posting the required information in the Central Contractor Registration database via https://www.acquisition.gov .

(b) As required by section 3010 of the Supplemental Appropriations Act, 2010 (Pub. L. 111-212), all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available. FAPIIS consist of two segments—

(1) The non-public segment, into which Government officials and the Contractor post information, which can only be viewed by—

(i) Government personnel and authorized users performing business on behalf of the Government; or

(ii) The Contractor, when viewing data on itself; and

(2) The publicly-available segment, to which all data in the non-public segment of FAPIIS is automatically transferred after a waiting period of 14 calendar days, except for--

(i) Past performance reviews required by subpart 42.15;

(ii) Information that was entered prior to April 15, 2011; or

(iii) Information that is withdrawn during the 14-calendar-day waiting period by the Government official who posted it in accordance with paragraph (c)(1) of this clause.

(c) The Contractor will receive notification when the Government posts new information to the Contractor’s record.

(1) If the Contractor asserts in writing within 7 calendar days, to the Government official who posted the information, that some of the information posted to the non-public segment of FAPIIS is covered by a disclosure exemption under the Freedom of Information Act, the Government official who posted the information must within 7 calendar days remove the posting from FAPIIS and resolve the issue in accordance with agency Freedom of Information procedures, prior to reposting the releasable information. The Contractor must cite 52.209-9 and request removal within 7 calendar days of the posting to FAPIIS.

(2) The Contractor will also have an opportunity to post comments regarding information that has been posted by the Government. The comments will be retained as long as the associated information is retained, i.e., for a total period of 6 years. Contractor comments will remain a part of the record unless the Contractor revises them.

(3) As required by section 3010 of Pub. L. 111-212, all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available.

(d) Public requests for system information posted prior to April 15, 2011, will be handled under Freedom of Information Act procedures, including, where appropriate, procedures promulgated under E.O. 12600.

(End of clause)

52.216-18 ORDERING (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or TOs by the individuals or activities designated in the Schedule. Such orders may be issued from ______________ through _________________.

(b) All delivery orders or TOs are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or TO and this contract, the contract shall control.

(c) If mailed, a delivery order or TO is considered “issued” when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

52.216-19 ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than __________, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor—

(1) Any order for a single item in excess of ________;

(2) Any order for a combination of items in excess of ________ or quantity]; or

(3) A series of orders from the same ordering office within ______days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within ____ days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

52.216-22 INDEFINITE QUANTITY (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the “maximum.” The Government shall order at least the quantity of supplies or services designated in the Schedule as the “minimum.”

(c)…