TMN RFP 12R00043_07122012.pdf

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

SOLICITATION, OFFER AND AWARD 1. THIS CONTRACT IS NOT A RATED ORDER

UNDER DPAS (15 CFR 700)

RATING

PAGE OF PAGES

1 | 78

2. CONTRACT NUMBER

3. SOLICITATION NUMBER

DTFH61-12-R-00043

4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

5. DATE ISSUED

July 12, 2012

6. REQUISITION/PURCHASE NO.

42-20-12005

7. ISSUED BY CODE HAAM-20A 8. ADDRESS OFFER TO (If other than Item 7) Federal Highway Administration Office of Acquisition Management 1200 New Jersey Ave. S.E. Rm E65-101 Washington, DC 20590

Federal Highway Administration Office of Acquisition Management 1200 New Jersey Ave. S.E. Rm E65-101, Washington, DC 20590 ATTN: Sarah Khan

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

SOLICITATION

9. Sealed offers in original and 4 copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if hand carried, in the depository located in 1200 New Jersey Avenue, SE, Room E65-101 until August 13, 2012 _____ local time _12:00 pm (Noon) __.

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

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

INFORMATION

CALL:

Primary Contact: Sarah Khan Secondary Contact: Robin Hobbs

AREA CODE

NUMBER

366-0220 366-4004

EXT.

Sarah.Khan@dot.gov Robin.Hobbs@dot.gov

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 42

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 51

X D PACKAGING AND MARKING 12 PART IV - REPRESENTATIONS AND INSTRUCTIONS

X E INSPECTION AND ACCEPTANCE 12 X K REPRESENTATIONS, CERTIFICATIONS

X F DELIVERIES OR PERFORMANCE 13 AND OTHER STATEMENTS OF OFFERORS 52

X G CONTRACT ADMINISTRATION DATA 14 X L INSTRS., CONDS., AND NOTICES TO OFFERORS 61

X H SPECIAL CONTRACT REQUIREMENTS 26 X M EVALUATION FACTORS FOR AWARD 75

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 AMENDMENT NO. DATE AMENDMENT NO. DATE

(The offeror acknowledges receipt of amendments to the SOLICITATION for offerors and related documents numbered and dated):

15A. NAME CODE FACILITY 16. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

AND OFFER (Type or print)

ADDRESS

OF

OFFEROR

15B. TELEPHONE NUMBER 15C. CHECK IF REMITTANCE 17. SIGNATURE 18. OFFER DATE

AREA CODE

NUMBER

EXT.

ADDRESS IS DIFFERENT FROM ABOVE -

ENTER SUCH ADDRESS IN SCHEDULE.

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED

20. AMOUNT

21. ACCOUNTING AND APPROPRIATION

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

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

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)

Sarah L. Berman

27. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

28. AWARD DATE

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

mailto:Sarah.Khan@dot.gov mailto:Robin.Hobbs@dot.gov

DTFH61-12-R-00039

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

The Contractor shall furnish all necessary facilities, materials, equipment and personnel, and shall perform all services necessary to provide “Non-Personal Technical Support for the Transportation Performance Management Program”.

This an indefinite-delivery-indefinite-quantity (IDIQ) contract utilizing cost-plus-fixed-fee (CPFF) and firm-fixed-price (FFP) task orders (TOs) in accordance with FAR 16.500. In accordance with the table below, the maximum potential value of all orders placed against this contract shall not exceed an amount to be negotiated over five-years (24-month base period and three 12-month option periods). The distribution of this amount between cost and fee shall be determined based upon the individual TO awarded. The guaranteed minimum is $50,000 for the base period and $25,000 for each option period.

Travel and per diem is included within the total ceiling price of the contract, as stated above.

IDIQ MINIMUM AND MAXIMUM AMOUNTS

Item

Supplies/Services Maximum Amount Minimum Guaranteed

Amount

Base Period (24 Months)

Option Year 1

Option Year 2

Option Year 3

Performance Management

Program Support

To be filled in at award

$50,000

$25,000

NOTE: The Government intends to award multiple contracts.

(End of Section B)

SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C.1 BACKGROUND

The recently enacted transportation authorizing legislation “Moving Ahead for Progress in the 21st Century Act’ (MAP–21)” P.L 112-14 (http://www.gpo.gov/fdsys/pkg/BILLS-112hr4348enr/pdf/BILLS-112hr4348enr.pdf ) and accompanying conference report make substantial changes to the Federal-aid Highway program.

One such change, the implementation of transportation performance management, will have a major impact on how the Federal Highway Administration's (FHWA) interacts with the State and local transportation agencies.

To implement these changes the FHWA has proposed a re-organization to form the Office of Transportation Performance Management. This office will administer an extensive program of Transportation Performance Management (TPM) related policy, internal and external capacity building, development and deployment of analytical tools, and TPM assessment and reporting.

In addition, the proposed office will provide leadership for the anticipated transformation of the Federal-aid and Federal Lands Highway Programs to more performance-focused programs.

Transportation Performance Management

The role for FHWA will evolve from a focus on process adherence to a new focus on achieving performance outcomes in a few key areas of national importance. In order to prepare for this evolving role, the Agency is taking steps today to position FHWA as national leaders.

FHWA needs to provide leadership in the design and implementation of TPM within the federal highway program. A performance driven program allows FHWA to retain its leadership role and proactively influence stakeholders to improve system performance. A performance-based Federal-aid and Federal Lands highway program is also essential to guaranteeing that “our agency and our transportation system are the best in the world” and that we improve mobility on our Nation’s highways through national leadership, innovation, and program delivery.

A transition to performance-based programs would bring FHWA in line with many commercial organizations that have used business intelligence to evaluate performance against metrics and guide business planning.

This new way of doing business will provide an opportunity to illustrate to a public accustomed to increased government transparency exactly what they are getting for their taxpayer dollars.

This change is not new. Several states also use performance measures to track and monitor their performance against their goals and objectives. Notable leaders in performance management include: Washington, Oregon, Minnesota, and Missouri.

C.2 OBJECTIVE

The objective of this contract is to support FHWA’s TPM Program through:

1. Development and deployment

2. Assessing and reporting

3. Communications and marketing

4. Training development and delivery

5. Policy development

6. Programmatic technical support

C.3 SCOPE

Under this contract, the Contractor shall perform all activities and provide all services necessary to support the activities of the FHWA related to transportation performance management. Work under the contract shall include the developmental work, deployment support, technology delivery, analysis, assessment, reporting, training, communications, marketing, and programmatic technical support related to TPM necessary to support FHWA’s program objectives. All work under this contract shall be performed through the issuance of specific TOs (Reference Section G).

C.4 DELINEATATION OF TASKS

In order to meet the objectives of this contract and as directed by the Government through the issuance of specific TOs, the Contractor shall perform the following tasks:

Task A: Technology Development and deployment - The Contractor shall provide development and deployment services for FHWA transportation performance management program.

Task A.1: Technology development – The Contractor shall conduct technology development that will be primarily focused in TPM and cross-cutting analytical tools. These services shall include: (1) development of data visualization application for both internal and external stakeholders, (2) development/identification of surrogate indicators of transportation performance; (3) development of innovative solutions to monitor transportation system performance such as infrastructure condition, safety performance, congestion (crowd sourcing),

(4) development of relevant performance metrics that can be readily measured, (5) development of alternative investment scenario analysis tools that can be used to determine optimum investment strategies, (6) development of trade-off analysis tools to assess investment options across assets, and (7) analysis of performance data to identify trends.

Task A.2: Technology deployment - The Contractor shall conduct technology deployment activities that will be primarily focused in TPM and cross-cutting analytical tools. These services shall include: (1) deployment of data visualization application for both internal and external stakeholders, (2) deployment of innovative solutions to monitor transportation system performance such as infrastructure condition, safety performance, congestion (crowdsourcing),

(3) deployment of relevant performance metrics that can be readily measured, (4) development of alternative investment scenario analysis tools that can be used to determine optimum investment strategies, (5) deployment of trade-off analysis tools to assess investment options across assets, (6) providing hands-on training to support implementation of performance management and analytical tools, and (7) management of product support websites, email technical assistance, newsletters, and phone support for answering questions from within or outside FHWA concerning TPM products.

Task B: Assessment and Reporting

Task B.1: Assessment The Contractor shall conduct assessment activities that will support the implementation of performance management principles. The services shall include: (1) conduct applied research and analyses using transportation performance related data and information to evaluate transportation performance using the concepts of a) system engineering analysis, b) prediction analysis, c) data mining techniques, and d) cross-asset optimization, system performance quotient/model.

Task B.2: Reporting The Contractor shall conduct reporting activities that will support the implementation of performance management principles – The services shall include: (1) develop performance report format, (2) evaluate and enhance performance report, and (3) extract performance data and populate performance report.

Task B.3: Stakeholder engagement The Contractor shall conduct stakeholder engagement activities to support implementation of transportation management. These activities shall include: (1) coordinate an interdisciplinary working group on TPM infographics, (2) promote FHWA’s vision for TPM concepts and message it across various media platforms; (3) refine FHWA’s use of challenges and competitions, (4) activities to develop working relationships with nontraditional stakeholders, (5) develop a transportation performance storytelling toolkit, webinar series, and face-to-face course, (6) facilitate peer-to-peer TPM exchanges.

Task C: Marketing and Communications

Task C.1: Marketing The Contractor shall provide marketing services to support implementation of transportation performance management. Services can take the form of: (1) expert advice on organizational change management; (2) development and execution of marketing plans for the TPM program elements as a whole and for individual TPM projects, tools, technologies, or groups thereof; (3) setup, takedown, and staffing of display booths at meetings, conferences and exhibitions in support of TPM technology products and programs; (4) conduct of market research, and (5) mining the lessons learned from the TPM activities completed;

Task C.2: Communications The Contractor shall provide communications services to support implementation of transportation performance management. Services can take the form of: (1) development of print, video, and web-based marketing and communication tools for an array of audiences spanning the full spectrum of the highway community and its constituents. This may include scripting, video production and the use of social media, (2) development of files of communications/marketing related items including photos, videos, graphic design elements quotes from key individuals, speeches, etc., (3) developing and managing a mailing list; (4) documentation of the TPM activities and preparing reports, (5) development of TPM Key Messages, (6) providing briefings and presentations as requested to a variety of audiences at various levels, (7) creation of Web-based communications using Adobe Presenter and other web-based communication tools, (8) development and execution of communications plans for the TPM program elements as a whole and for individual TPM projects, tools, technologies, or groups thereof, and (9) translation of complex concepts into graphics that aid in the communication and training of adults (70% of which are visual learners).

Task C.3: Training development and delivery The Contractor shall provide support for development and delivery of training to support implementation of transportation performance management. Support may include activities such as: (1) develop and deliver learning opportunities incorporating the Analysis, Design, Development, Implementation, and Evaluation (ADDIE) model and adult learning principles, (2) create the high level design plans and detailed design plans for curriculum, (3) share expertise on evaluations and knowledge checks, (4) incorporate International Association for Continuing Education Training (IACET) compliant approaches to training development so that Continuing Education Units (CEUs) can be offered, (5) work with the Training Management System (TMS) system, Adobe Presenter, Captivate, Sharepoint and other technologies to facilitate timely development and deployment of learning opportunities, (6) establish templates and design standards, (7) translate input of subject matter experts and training development panels into the written word in support of the design plans created by the instructional systems designer to achieve desired learning outcomes; (8) Review and edit final training materials, and (9) establish editorial style guides (for language consistency, etc.)

Task D: Policy Development

Task D.1: Provide technical assistance and development of policy and guidance The Contractor shall provide technical support for development of policy and guidance to support implementation of transportation performance management. Support may include activities such as: (1) develop syntheses of current practice and guidance of rulemaking topics consistent with legislative direction, (2) conduct stakeholder outreach to address issues, (3) development of outreach materials to communicate proposed and final bills and rulemaking efforts, (4) provide technical assistance with facilitation of rulemaking process, (5) assess the business processes of FHWA elements of performance management and make recommendations for better implementation of transportation performance management, (6) conduct research on non-transportation bills which could have an impact on implementing transportation performance management, and (7) assess the effectiveness of overall TPM and make recommendations for TPM policy and guidance.

Task E: Programmatic Technical Support

Task E.1: Provide technical assistance in convening and conducting meetings The Contractor shall organize panels and technical meetings in support of the development of technical projects and related work of the Office of Transportation Performance Management.

The Contractor shall provide all technical and administrative functions associated with arranging and coordinating these events to include arranging meeting location; contacting participants;

securing lodging and meeting space; developing schedules, circulating meeting notices, arranging miscellaneous equipment and expendable supplies, developing meeting notes, and other conference support functions. The Contractor may be asked to contact appropriate people from the agencies that are to participate in the meetings and identify prospective members. The Contractor shall also prepare and distribute meeting information such as confirmation letters with meeting details and agendas to all appropriate personnel. The Contractor may be requested to provide personnel with appropriate expertise to adequately document the results of the meetings.

Task E.2: Arrange Travel for Non-Federal Participants in Meetings The Contractor shall make all travel arrangements for non-Federal members of the technical panels and meetings identified by the COR from a variety of locations around the United States and in infrequent instances from other countries. Arrangements shall include 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 and room and board for participants while attending the meetings. The Contractor shall be responsible for these costs for the non-Federal panel members and meeting participants.

Task E.3: Knowledge Management The Contractor shall provide support for the FHWA Knowledge Management (KM) sites both internal (Sharepoint) and external (web-based) for performance management. Support may include activities such as: (1) assist owner with knowledge management (KM) site management and oversight, (2) monitor use of KM site and reports results, (3) site organization and development, and (4) provide organizational standards and style guides for compliance.

C.5 STAFFING

KEY STAFFING

Due to the highly specialized nature of technical work to be performed under the contract, the Contractor is required to provide the following staffing categories and minimum qualifications:

NOTE: Offerors are directed to Section L, for the Government’s level of effort estimate to be used in proposal preparation for each of these positions.

Program Manager

Duties The Program Manager shall be responsible for administration and management of the contract personnel, which shall include coordinating time and travel for the contract personnel. The Program Manager shall be responsible for the submission of all TO proposals, data analysis, and progress reports on all activities.

NOTE: Offerors shall provide a plan showing how the Program Manager will maintain close contact with the COR through regular, frequent face-to face meetings, email and/or video-conferencing.

Qualifications The Program Manager shall have a minimum of 10 years experience in the management of technical personnel conducting complex transportation activities. The Program Manager shall have a general understanding of transportation performance management and asset management.

Team Leader(s)

Duties The Team Leader(s) shall be responsible for day-to-day technical management and direction of the program staff. The Contractor shall propose one or more individuals to function as a Team Leader to the program staff related to the contract work tasks:

1. Development and deployment

2. Assessing and reporting

3. Communications and marketing

4. Training development and delivery

5. Policy development

6. Programmatic technical support

The Team Leader(s) shall be responsible for development of all TO proposals and for conduct of all contract activities.

NOTE: Offerors shall provide a plan showing how the Team Leader(s) will maintain close contact with the Program Manager through regular, frequent face-to face meetings, email and/or video-conferencing.

NOTE: An individual may serve as team leader for multiple work areas or all work areas, depending on the extent of their qualifications.

Qualifications The Team Leader(s) shall have a minimum of 7 years experience in managing or conducting development, deployment, assessment, reporting, communications, marketing, training development and delivery, policy development related to highway transportation. The Team Leader(s) shall have demonstrated experience on management of technical personnel. The Team Leader(s) shall have a general understanding of transportation performance management and asset management

PROFESSIONAL STAFFING

Senior Staff

Duties The Senior Staff shall be responsible for conducting complex development, deployment, assessment, reporting, communications, marketing, training development and delivery, and policy development activities relating to highway transportation

NOTE: Multiple individuals may be proposed to serve as Senior Staff to provide comprehensive coverage of experience to address duties required for the Senior Staff.

Qualifications The Senior Staff shall have a minimum of 3 years experience in conducting development, deployment, assessment, reporting, communications, marketing, training development and delivery, and policy development related to highway transportation. The Senior Staff shall have a general understanding of transportation performance management and asset management

Staff Specialist

Duties The Staff Engineer/Research Assistant shall be responsible for conducting routine development, deployment, assessment, reporting, communications, marketing, training development and delivery, and policy development activities relating to highway transportation.

NOTE: Multiple individuals may be proposed to serve as Staff Specialist to provide comprehensive coverage of experience to address duties required for the Staff Specialist.

Qualifications The Staff Specialist shall have a minimum of 2 years experience in conducting development, deployment, assessment, reporting, communications, marketing, training development and delivery, and policy development activities relating to highway transportation.

OTHER STAFFING

Administrative Support

Duties Administrative Specialist shall be responsible for technical report preparation and general administrative duties.

Qualifications Administrative Specialist shall be experienced in providing administrative support to technically focused teams.

Meeting Organization Specialist Duties

The Meeting Organization Specialist shall be responsible for meeting planning and facilitation.

Qualifications The Meeting Organization Specialist shall be experienced in providing administrative support to technically focused teams, program development, site selection and other aspects of planning a successful meeting.

C.6 SPECIFICATIONS FOR DELIVERABLES

TECHNICAL REPORT SPECIFICATIONS

Technical reports under this contract shall be prepared in accordance with the latest version of the Turner-Fairbank Highway Research Center Quick Reference Guide available online at http://www.tfhrc.gov/qkref/qrgmain.htm. All fonts used in the documents must be supplied on the disk so the document will print as it appeared on the Contractor’s equipment. Files must be included in the programs of origin, such as MS Word, PowerPoint, Excel, etc., so these files can be modified or corrected and re-imported into the full text document. Graphics should be created as separate elements and imported into the text file. An electronic file of each imported graphic shall be delivered. Graphic must be produced in a program that can export an interchange file format that can be imported into the full text. Photos must be in TIF or EPS (GIF and JPEG are acceptable for electronic publishing) with on-screen preview and with line screen appropriate for printing. Files should be provided in a manageable size of 3 Mb or less.

SYSTEM OF MEASUREMENTS

All technical reports shall provide units of measurement in the (SI) Metric System. In tables and illustrations (such as graphs) that may need to be expressed in English units, the conversion to SI required for each English unit used must appear consistently as either a legend or footnote, or as part of the caption. The American Society for Testing and Materials (ASTM) publication “Standard Practice for Use of the SI International System of Units: The Modernized Metric System,” ASTM E380-89a or later, is the FHWA standard and shall be used as the basis for conversion.

C.7 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.

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

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

___X__1194.21 Software applications and operating systems.

___X_1194.22 Web-based intranet and Internet information and applications.

_______1194.23 Telecommunications products.

______1194.24 Video and multimedia products.

_______1194.25 Self-contained closed products.

_______1194.26 Desktop and portable computers.

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

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

Electronic documents with images:

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

Electronic documents with complex charts or data tables:

When preparing tables that are heavily designed, provide adequate alternate information so that assistive technologies can read them out. Identify row and column headers for data tables.

Provide the information in a non-linear form. Markup shall be used to associate data cells and header cells for data tables that have two or more logical levels of row or column headers.

Electronic documents with forms:

http://www.access-board.gov/sec508/508standards.htm

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.

(End of Section C)

SECTION D - PACKAGING AND MARKING

D.1 PACKAGING

Preservation, packing, and packaging of items for shipment shall be in accordance with best 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 Safety R&D, Room T210 1200 New Jersey Avenue, SE Washington, DC 20590

Mark for: (to be filled in at 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.

(End of Section D)

SECTION E - INSPECTION AND ACCEPTANCE

E.1 All work performed hereunder shall be subject to review and acceptance by the Government.

The Government Contracting Officer’s Representative (COR) will review and verify that all work and deliverables under this contract fulfill the requirements stated in the TO statement of work. Inspection and acceptance of all items and work under this contract will be made by the

COR.

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

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

Federal Acquisition Regulation (FAR) Clauses:

52.246-2 Inspection of Supplies – Fixed-Price (AUG 1996)

52.246-3 Inspection of Supplies – Cost Reimbursement (MAY 2001)

52.246-4 Inspection of Services – Fixed Price (AUG 1996)

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

52.246-8 Inspection of Research and Development (Short Form) (APR 1984)

52.246-16 Responsibility for Supplies (Apr 1984)

(End of Section E)

SECTION F - DELIVERIES OR PERFORMANCE

F.1 PERIOD OF PERFORMANCE

All work and services required hereunder shall be completed on or before 24 months from the effective date of the contract. Should the Government elect to exercise any or all of its options for additional services under this contract, the total contract period of performance shall be completed within the time frame specified in that option. In no event shall the total contract performance exceed 60 months.

Any TOs issued prior to the expiration date of this contract 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 contract until the conclusion of the performance of each TO issued hereunder. The period of performance for each TO shall be specified within the TO document.

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

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

Federal Acquisition Regulation (FAR) Clauses:

52.242-15 STOP-WORK ORDER (AUG 1989) Alt I (APR 1984) https://www.acquisition.gov/far https://www.acquisition.gov/far

52.242-17 GOVERNMENT DELAY OF WORK (APR 1984)

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

F.3 PLACE OF PERFORMANCE

Unless otherwise specified in individual TOs, all work performed under this contract shall be performed at the Contractor’s facility.

F.4 PLACE OF DELIVERY

All deliverables and a copy of the quarterly progress reports (See Section G) under the contract shall be delivered via email to the COR at the following email address:

Attn: (to be filled in at award)

The quarterly progress report and other items as specified shall be delivered to the Contract Administrator via email at the following email address:

Attention: (to be filled in at award)

F.5 SCHEDULE OF WORK

All tasks set forth in the Statement of Work shall be performed in accordance with the work schedule as negotiated in specific TOs.

(End of Section F)

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 TASK ORDER PROCEDURES

All funds expended under this contract shall be incurred and accounted for under individual TOs.

The Contractor shall incur costs under this contract in the performance of TO and TO modifications issued in accordance with this ordering procedure. No other costs are authorized without the express written consent of the Contracting Officer. All task orders are subject to the terms and conditions of this contract.

The following ordering procedures apply to all TOs issued under this contract. Any supplies/services to be furnished under this contract will be ordered by issuance of written TOs. TOs shall be issued in accordance with FAR 52.216-18, 52.216-19, and 52.216-22 (See Section I). In addition:

(a) Only an authorized FHWA Contracting Officer can issue a TO under this contract.

(b) All TOs are subject to the terms and conditions of the contract. In the event of conflict between a TO and the contract, the contract will take precedence.

(c) All costs associated with preparation, presentation, and/or discussion of the Contractor’s

TO proposal shall not be billable as direct contract expenses.

(d) Upon receipt of a Task Order Proposal Request (TOPR), the Contractor shall prepare a written TO proposal. The Contractor shall submit one copy of the TO proposal to the Contract Administrator and one copy to the COR. The TO proposal shall include, as a minimum, the following information:

(1) A discussion of the task order objectives demonstrating the contractor’s understanding of the desired outcome.

(2) A concise work plan for achieving the task order objectives that clearly demonstrates the contractor’s understanding of and planned approach to the problem.

(3) A performance schedule that provides the following information:

i. Planned accomplishments/milestones

ii. Anticipated problems or challenges

iii. Planned solutions to anticipated problems or challenges

(4) Qualifications of the proposed staff, including any proposed subject matter expert consultants.

(5) Identification of those responsible for preparation of the task order plan.

(6) A detailed cost proposal, including:

i. Proposed level of effort and labor categories.

ii. The corresponding labor rates.

iii. Other Direct Costs as applicable (materials, travel, etc).

iv. Applicable indirect rates in accordance with the contract.

v. Rate of fee/profit.

(e) Proposals shall be delivered, on or before the due date, both to the COR and to the

Contract Administrator.

(f) Upon selection of a task order proposal, the Contracting Officer shall execute a Task Order. This Task Order shall contain, as a minimum, the following information:

(1) Name and signature of Contracting Officer

(2) Task Order Number and Contract Number

(3) Effective Date of Task Order

(4) Task Order subject and description of Work (including deliverables)

(5) Period of Performance

(6) Total Amount of Task Order (estimated cost-plus-fixed-fee (CPFF) or firm-fixed-price (FFP))

(7) Accounting Data

(8) Reporting Requirements

(9) Work Plan

(g) No work will be performed and no payment will be made except as authorized by a TO.

(h) The Limitation of Funds or Limitation of Costs clauses apply to each CPFF task order individually. Therefore, the Contractor is required to notify the Contracting Officer by each individual task order in accordance with clauses 52.232-22, Limitation of Funds, and 52.232-21, Limitation of Costs, as applicable. Any questions shall be directed to the Contracting Officer.

NOTE: TOs issued under this contract may be either CPFF or FFP depending on the nature of the work requested and the Contracting Officer’s determination.

G. 2 FAIR OPPORTUNITY TO COMPETE

It is the Government’s intent to give each awardee a “fair opportunity” to compete for each order in excess of $2,500. However, awardees need not be given the opportunity to be considered for a particular TO if the Contracting Officer determines that:

(a) The agency need for such supplies or services is of such urgency that providing such opportunity would result in unacceptable delays;

(b) Only one such contractor is capable of providing such supplies or services required at the level of quality required because the supplies or services ordered are unique or highly specialized;

(c) The order should be issued on a sole source basis in the interest of economy and efficiency as a logical follow-on to a TO already issued under the contract or through exercise of option periods specified in the original TO, provided that all awardees were given fair opportunity to be considered for the original TO; or

(d) It is necessary to place a TO to satisfy a minimum guarantee.

G.3 OMBUDSMAN

The Contracting Officer’s selection decision on each TO request shall be final and shall not be subject to protest, except for a protest that the TO increases the scope, period, or maximum value of the contract. Accordingly, in accordance with FAR 16.505 (b) (5), an ombudsman has been appointed to hear and facilitate the resolution of Contractor’s concerns resulting from task order award. The existence of the ombudsman is not to diminish the authority of the Contracting Officer. Further, the ombudsman does not participate in the evaluation of the proposals or the adjudication of formal contract disputes. Therefore, before consulting with the ombudsman, interested parties must first address their concerns, issues, disagreements and/or recommendations to the Contracting Officer for resolution.

If resolution cannot be made by the CO, interested parties may contact the FHWA ombudsman, OMBUSDMAN POC TO BE INSERTED AFTER AWARD.

G.4 QUARTERLY PROGRESS REPORTS

The Contractor shall furnish to the Contracting Officer and COR, one electronic copy each of a of a quarterly letter-type progress report on or before the 15th of the month following the quarter being reported. Each report shall set forth concise statements concerning the activities relevant to the project and shall include, as a minimum, the following:

1. A clear and complete account of the work performed under each TO.

2. Preliminary or interim results, conclusions, trends, or other items of information, which the Contractor feels are of timely interest to the FHWA.

3. An outline of the work to be accomplished during the next reporting period under each TO.

4. Budget and scheduling information including the date each TO was initiated, the estimated completion date, original estimate of resources needed/planned (labor hours and costs, travel costs, and ODC costs), a tabulation of resources expended during that quarter, a tabulation of cumulative total-to-date resources expended, a comparison of percentage of resources planned to resources expended to resources needed to complete the work, and clearly identify any projected overrun of resources.

5. A description of any problems encountered or anticipated that will affect the completion of the TO within the time and fiscal constraints as set forth in the TO, together with recommended solutions to such problems or a statement that no problems were encountered.

The Contractor shall furnish one electronic copy of each quarterly progress report directly to the Contract Specialist at (to be filled in at award) and to the COR at (to be filled in at award).

G.5 FUNDS AVAILABLE

a) Currently, funds in the amount of $TBD are obligated to this contract.

b) The balance of funding under this contract ($TBD) will be obligated subject to availability of funds and as required through the issuance of task orders under the contract.

c) The clause entitle "LIMITATION OF FUNDS" applies to this contract. Any notification required on the part of the Contract shall be made in writing to the Contracting Officer.

In the event that the contract is not funded beyond the estimated cost set forth in the schedule, the Contractor shall deliver to the Contracting Officer 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.

G.6 PAYMENT – COST REIMBURSEMENT

(a) The Contractor may be reimbursed for direct and indirect costs incurred in the performance hereof as are allowable under the provisions of Part 31.2 of the Federal Acquisition Regulation in the not-to-exceed amount of $____________ (to be negotiated) subject to the Limitation of Funds Clause.

(b) For cost-plus-fixed-fee task orders, the Contractor may request monthly interim payments for costs incurred during the performance of each specific task order. A statement of costs incurred by the Contractor in the performance of cost-plus-fixed-fee task orders 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 Contracting Officer is required if the Contractor wishes to use a different payment request format.

(c) 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 Contracting Officer that the Contractor is making adequate progress toward successful contract completion.

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

G.7 PAYMENT OF COST PLUS FIXED FEE TASK ORDERS

The actual amount of fixed fee payable under this IDIQ contract will be established through the issuance of cost-plus-fixed-fee task orders under the contract. The Contractor may request payment of fixed fee, by submission of a separate invoice, upon the successful completion of each cost-plus-fixed-fee task order unless otherwise specified in the task order. The Government will pay the fixed fee amount for each Task Order based on the Contracting Officer’s determination that all work under the Task Order has been satisfactorily completed.

G.8 PAYMENT OF FIRM FIXED PRICE TASK ORDERS

For firm-fixed-price task orders, unless otherwise specified in the individual task order, the Contractor may request payment for the firm-fixed-price specified in the task order upon the

Government’s acceptance of all work under that task order. Satisfactory completion and acceptance of the task order will be made by the Contracting Officer.

G.9 WITHHOLDING OF FEE/PAYMENT

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

The Government shall pay the Contractor, for performing work under this contract, the fixed fee amount specified in Section B or specified in individual TOs. Payment of the fixed fee shall be made as specified in the schedule, provided that after payment of 85% of the fixed fee, the Contracting Officer may withhold further payment of fee until a reserve is set aside in an amount that the Contracting Officer considers necessary to protect the Government's interest. This reserve shall not exceed 15% of the total fixed fee or $100,000, whichever is less.

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

G.10 ESCALATION

Escalation proposed on the labor rates is incorporated into the contract for the entire period of performance. The maximum amount of allowable escalation for labor rates is [as negotiated] of the direct labor. The escalation amount is capped for the entire period of performance. The contractor cannot exceed the amount without prior approval of the Contracting Officer in the form of a contract modification.

G.11 INDIRECT COST RATES

Pending the establishment of final indirect cost rates which shall be negotiated based on audit of actual costs as provided in Subpart 42.7 of the Federal Acquisition Regulation, the Contractor shall be reimbursed for allowable indirect costs set forth in this contract. This Indirect Cost provision does not operate to waive the Limitation of Funds Clause. The Contractor's audited final indirect costs are allowable only insofar as they do not cause the Contractor to exceed the total estimated costs for performance of the contract listed in Section B.

The provisional indirect rates negotiated under this contract for billing purposes shall remain in effect until revised rates have been approved in writing by the Contracting Officer. The Contractor shall request new provisional billing rates in writing, no more frequently than annually. Such request shall delineate the current and proposed rates to be used, along with the proposed effective date of new rates.

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

Type Cost Center Rate Period Rate Base Fringe % (a) G&A % (b) Labor

Overhead

NOTE:

a. applied to:

b. applied to:

G.13 ACCOUNTING SYSTEM

As required by FAR, the Contractor shall have an adequate accounting system for accounting of costs under cost reimbursement contracts. If the Government finds the Contractor’s accounting system to be inadequate, the Contractor shall have 60 days from written notification from the Contracting Officer in which to address the identified accounting system deficiencies, or a time period otherwise agreed upon by the CO in writing. Failure to adequately address, or make progress towards addressing, such deficiencies may result in contract termination.

G.14 TECHNICAL DIRECTION

Performance of the work under this contract and the task orders issued against it are subject to the Technical Direction of the COR. The term “Technical Direction” is defined to include the following:

a. Directions to the Contractor which redirects the effort, shifts work emphasis between work areas, requires pursuit of certain lines of inquiry, fills in details or otherwise serves to accomplish the statement of work;

b. Provision of information to the Contractor that assists in the interpretation of drawings, specifications or technical portions of the work description; and,

c. Review and approval/rejection of technical reports, drawings, specifications and technical information to be delivered by the Contractor.

All Technical Direction must be within the general scope of work stated in a task order. The COR does not have the authority to, and may not issue any Technical Direction that: (i) constitutes an assignment of additional work outside the general scope of the task order; (ii) constitutes a change as defined in the base contract clause entitled “Changes”; (iii) in any manner causes an increase or decrease in the prices set forth in Section B or an individual task order; or

(iv) changes any of the expressed terms, conditions or specifications of a task order.

All Technical Direction must be issued in writing, or shall be confirmed in writing by the COR within 3 working days after issuance.

The Contractor shall proceed promptly with the performance of duly issued Technical Directions. However, if in the opinion of the Contractor, the direction issued by the COR is within one of the proscribed categories in (i) through (iv) above, the Contractor shall not proceed, but shall notify the Contracting Officer in writing, within 3 working days after receipt of any such direction. The Contracting Officer will determine if the Technical Direction is proper, or if a contract modification would be required to properly implement the direction.

Failure of the parties to agree upon the nature of the direction or upon the contract action to be…