RFP_DTFH61-13-R-00022.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 | 54

2. CONTRACT NUMBER

3. SOLICITATION NUMBER

DTFH61-13-R-00022

4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

5. DATE ISSUED

May 10, 2013

6. REQUISITION/PURCHASE NO.

41-20-13014

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. RM E66-105 Washington, DC 20590

Federal Highway Administration Office of Acquisition Management 1200 New Jersey Ave. S.E. RM E66-105, Washington, DC 20590 ATTN: Tamiko Aikens

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 E66-105 until _June 11, ,2013___ local time _12:00 pm (Eastern) __.

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

THIS IS A FULL AND OPEN COMPETITION REQUIREMENT

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

INFORMATION

CALL:

Primary Contact: Tamiko Aikens Secondary Contact: Robin Hobbs

AREA CODE

NUMBER

366-3092 366-4004

EXT.

Tamiko.aikens@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 29

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 35

X D PACKAGING AND MARKING 8 PART IV - REPRESENTATIONS AND INSTRUCTIONS

X E INSPECTION AND ACCEPTANCE 8 X K REPRESENTATIONS, CERTIFICATIONS

X F DELIVERIES OR PERFORMANCE 9 AND OTHER STATEMENTS OF OFFERORS 36

X G CONTRACT ADMINISTRATION DATA 12 X L INSTRS., CONDS., AND NOTICES TO OFFERORS 41

X H SPECIAL CONTRACT REQUIREMENTS 18 X M EVALUATION FACTORS FOR AWARD 53

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

23. SUBMIT INVOICES TO ADDRESS

SHOWN IN (4 copies unless otherwise specified)

ITEM

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

26. NAME OF CONTRACTING OFFICER (Type or print)

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.

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 CONTRACT SUMMARY

The Contractor shall furnish all materials and personnel necessary to provide the

Federal Highway Administration (FHWA) with non-personal technical support for

“Application and Validation of Remaining Service Interval Framework to

Pavements”, as described in Section C below.

The Government anticipates award of a Cost-Plus-Fixed-Fee (CPFF) Contract.

The maximum potential dollar value of this CPFF Contract is $TBD which consists of a total estimated cost of $TBD and a fixed fee amount of $TBD.

B.2 TRAVEL

All travel shall be reimbursed at cost in accordance with the Travel and Per Diem clause (reference Section G). Travel and Per Diem is included in the above figures and shall not exceed $TBD for the period of performance.

(End of Section B)

SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C.1 BACKGROUND

The “Remaining Service Life” or “RSL” concept has been around for decades and is well entrenched in the pavement community. It is used at all levels of the pavement management decision process to plan for future field construction events. However, there is no single, clear and widely accepted definition of RSL. Moreover, there is a great deal of uncertainty associated with the definition, especially with the use of the term “life” to represent different points in a pavement’s construction history. In addition, when communicated, the meaning of

“life” is lost and it is interpreted differently by stakeholders.

One common definition of RSL is the time until the next rehabilitation or reconstruction event. These are two different events in terms of the condition of the pavement at the time of construction as well as the associated construction costs. Also, the timing of the next rehabilitation or reconstruction depends on future lower-level treatments applied.

Another common definition of RSL is the time until a condition threshold limit is reached.

This approach shares the same issues as rehabilitation and reconstruction RSL units, but it also introduces other service and safety condition indices, which further complicate the RSL meaning. Interpretation of a single RSL number gets more complicated when it is based on multiple condition states.

A third approach to RSL is based on agency management rules on the time between applications of corrective pavement construction treatments. In this approach, an agency creates policy rules on the maximum time between applications of corrective treatments (e.g., place an overlay every 9 years). The RSL becomes the time until the next treatment is scheduled. However, this does not provide for optimal distribution under a limited funds constraint scenario.

Moreover, an unintentional consequence of using the RSL approaches as described above is that it may promote the more costly “worst-first” approaches to correcting pavement deficiencies where the pavement is allowed to deteriorate to a poor condition or “threshold limit” before taking steps to rehabilitate the pavement. By expressing pavement condition in terms of RSL, stakeholders outside the pavement field expect that pavements in the worst condition (those with the least remaining life) are treated first, which tends to cost the most.

From a communication standpoint, while the engineer who computed a RSL value has full knowledge of its life endpoint, the current RSL terminology may cause recipients of that information to possibly misinterpret what it represents. Compounding the issue, there are multiple definitions and interpretations for RSL that further aggravate the potential for misinterpretation. Even within pavement engineers and managers, RSL may have a certain meaning to those in preservation and another to those in design or budgeting.

At the heart of pavement management decisions is the prediction of future construction events and, when RSL is used in this context, the same lack of clarity contributes to misinterpretation and misunderstanding among stakeholders.

To overcome these deficiencies in the RSL terminology, a recently completed FHWA research project titled “Definition and Determination of Remaining Service and Structural

Life” under task order contract DTFH61-08-D-00033-T-09001 recommended adaptation of a new terminology of time remaining until a defined construction treatment is required – RSL is replaced by "Remaining Service Interval" or “RSI.” This terminology offers the ability to unify the outcome of different approaches to determining needs by focusing on when and what treatments are needed, and the service interruption created. The reformulated RSI framework is described in a final report and guideline documents titled “Reformulated

Pavement Remaining Service Life (RSL) Framework” and “Pavement Remaining Service

Interval (RSI) Implementation Guidelines i ,” respectively.

The application of RSI terminology offers an advantageous replacement for RSL in terms of providing additional information as to not only when, but also what, and also to enhance communication. It is critical that the concept be validated through application to real world problems. To this end, it is desired that the RSI concept be applied to two (2) or more State

Highway Agencies (SHA) pavement networks through the use of SHA pavement management data, and its value as a replacement to RSL be critically evaluated. The effort will also use HPMS 2010+ ii data for similar validation for national level analyses. Through these two real world applications, this effort will also develop and refine the associated RSI analyses methodologies.

C.2 OBJECTIVE

The primary objectives of this Contract are to:

1. Conduct research and development services to develop detail analysis methodologies for the new Pavement RSI concept developed in a recently completed FHWA research effort entitled, “Definition and Determination of Remaining Service and

Structural Life” under Task Order DTFH61-08-D-00033-T-09001.

2. Apply and validate the developed methodologies using a minimum of two (2) SHA pavement management system data. The effort will also use HPMS 2010+ data sets for similar validation for national level analyses.

C.3 SCOPE

The study involves development of RSI analysis methodologies and data requirements, application and validation of RSI framework with SHA pavement management data for SHA network and project level applications, application and validation of RSI framework with

HPMS 2010+ pavement data for national level application and development of a step-by-step procedure / algorithm documenting the refined analyses for computerized implementation.

Deliverables include a final report, a TechBrief and a PowerPoint presentation. One or more technical papers based on findings from this research project shall also be prepared in conjunction with the Contracting Officer's Representative for presentation and/or publication in peer reviewed venues.

C.4 STATEMENT OF WORK

Task 1 - Kick-off meeting

The Contracting Officer’s Representative (COR) shall contact the Contractor within 15 days after contract award to set a date for a kickoff meeting. The purpose of the kick-off meeting is to rationalize the approach that will be utilized to meet the objectives of this project, discuss the project management approach and project management plan, introduce key resources, provide background information, clarify issues or concerns, define the roles and responsibilities, establish timelines, identify format of quarterly progress reports, and to respond to questions. The meeting shall be held at the FHWA Turner-Fairbank Highway

Research Center, McLean, VA or by web conference.

The Contractor shall prepare a summary of this meeting along with a draft project management plan and submit them to the COR within 2 weeks of the kick-off meeting.

Within 1 week of receiving the meeting summary and draft project management plan, the

COR will review the documents to confirm that the correct perspectives were captured and provide comments. After the COR’s review, if revisions and/or additions are required to the draft project management plan, the Offeror shall make the changes and submit a final project management plan. If no revisions and/or additions are required after the COR’s review, the draft project management plan, shall become the final project management plan.

Task 2 - Literature and Load Test Data Search, Review and Synthesis

Based on the findings from the FHWA effort completed under TO DTFH61-08-D-00033-T-

09001 i, ii

, the contractor shall develop analysis methodologies for the determination of RSI as formulated in the completed effort and the data elements required to apply the RSI concept.

It is expected that the methodology will consider life-cycle cost analysis (LCCA) as the economic framework for the determination of optimum series activities and timing and will address both network and project level applications. It is also expected that the analysis methodologies will be the same or consistent for both network and project level application with possible differences in the data requirements.

Task 3A - Application and validation of RSI framework with SHA pavement management data for SHA network and project level applications

The Contractor shall identify, in coordination with the COR, two or more SHAs with “good practices” pavement management system / data and acquire and assemble the required data for the application of RSI concept for pavement management decision making and communication. Using the SHA data, apply the RSI methodology as developed in Task 2.

Refine the analysis methodologies developed in Task 2 based on this effort. Document the analyses results and present it at a meeting with the respective SHA pavement managers and

FHWA for feedback and critique. The meeting shall be held at the respective SHA pavement management office or by web conference. A summary of analysis results, findings, issues encountered and feedback received from respective SHAs shall be included in the quarterly progress report (QPR) that follows the completion of this task.

Task 3B - Application and validation of RSI framework with HPMS 2010+ pavement data for national level application

The contractor shall acquire and assemble HPMS 2010+ data set for the application of RSI concept for national level analyses and communication. It is anticipated that the Pavement

Health Track (PHT) tool iii will be of interest for this application; however the contractor shall proposed the best approach for the application of RSI concept for national level analyses using HPMS 2010+ data set. Document the analyses results and present it at a meeting with

FHWA project technical panel for feedback and critique. The meeting shall be held at the

FHWA Turner-Fairbank Highway Research Center, McLean, VA or by web conference. A summary of analysis results, findings, issues encountered and feedback received from respective SHAs and FHWA shall be included in the quarterly progress report (QPR) that follows the completion of this task.

Task 4 - Develop a step-by-step procedure / algorithm documenting the refined analyses for computerized implementation

Develop a step-by-step procedure / algorithm documenting the refined analyses methodologies that could form the basis for computerized implementation of the analyses methodologies. The procedure / algorithm shall be based on analysis methodologies developed and refined in Tasks 2 and 3 and address feedback received in Task 3. It shall be applicable to state-of-the-practice data availability but also flexible to evolve with advances in data collection technology.

Task 5 - Develop and deliver a webinar

Based on information and findings from Task 1 through 4, develop a presentation suitable for a webinar and, in consultation with the COR, conduct a webinar to effectively disseminate key findings to interested stakeholders to facilitate adaptation of the RSI concept. Offer shall present the presentation materials and minutes from the Webinar to the COR.

Task 6 - Develop and submit a final report to document the entire research effort

The Contractor shall prepare a final report documenting the work performed, collected data, analysis findings, conclusions and recommendations, and suggestions for future research.

Figures and tables shall be used, when appropriate, to represent the major findings or illustrate the key points. All data generated during the project shall be delivered in well documented and organized in Microsoft Excel files. Any full or prototype models developed and implemented using off-the-shelf software products, such as Microsoft Excel, shall be included in the deliverables. In addition to the final report, for any software developed as part of this project, the Contractor shall provide as a minimum, the executable version, as well as well-documented source code in electronic readable format, overall software architecture documentation, overall and individual module interface documentation, other support and library files, and a user’s operations manual. The source code and support files included shall be in its entirety so that they can be compiled and linked using off the shelf software to recreate the executable version of software in its entirety.

In addition, the Contractor shall prepare and submit an FHWA Tech Brief and a Microsoft

PowerPoint presentation. The presentation shall explain the technical approach, findings, and products from the entire research project. A paper on this project for at least one peer reviewed venue shall be prepared in conjunction with the COR.

C.5 DOCUMENT SPECIFICATIONS

All documents developed under this Contract shall be prepared in accordance with the instructions and guidelines provided in the latest versions of the U.S. Government Printing

Office Style Manual, the Federal Highway Administration Publishing and Printing

Handbook, and the Research, Development, and Technology Communications Reference

Guide. The latest version of the Communications Reference Guide can be found at:

http://www.fhwa.dot.gov/publications/research/general/03074/index.cfm.

All reports shall provide units of measurement using U.S. Customary units (English) with metric equivalents in parentheses. All photos and figures used in the document shall have the copy right and individual permissions.

(Note: Please see references at the end of the RFP)

(End of Section C) http://www.fhwa.dot.gov/publications/research/general/03074/index.cfm

SECTION D - PACKAGING AND MARKING

D.1 PACKAGING AND MARKING

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

D.2 SHIPMENT AND MARKING

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

Turner-Fairbank Highway Research Center

6300 Georgetown Pike, HRDI-20

McLean, VA 22101

ATTN: (to be filled in at contract award)

(End of Section D)

SECTION E - INSPECTION AND ACCEPTANCE

All work hereunder shall be subject to review by the Government. Acceptance of the final report and deliverables will be made in writing by the COR.

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

Federal Acquisition Regulation (FAR) Clauses:

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

1984)

52.246-9 INSPECTION OF RESEARCH DEVELOPMENT (SHORT FORM)

(APR 1984)

52.246-16 RESPONSIBILITY FOR SUPPLIES (APR 1984)

(End of Section E) https://www.acquisition.gov/far/

SECTION F - DELIVERIES OR PERFORMANCE

F.1 PERIOD OF PERFORMANCE

All work and services required hereunder shall be performed within 27 months from the effective date of the contract. The Contractor is required to abide by the terms and conditions of the contract until the conclusion of the performance period.

F.2 FEDERAL ACQUISITION REGULATION (FAR) CLAUSES:

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

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

F.3 PLACE OF PERFORMANCE

The work performed under this Contract shall be accomplished at the Contractor’s

Site unless directed otherwise in writing by the CO.

F.4 DELIVERABLES

The delivery schedule below outlines the due date for deliverables. All draft deliverables shall assume a two week FHWA review and comment period unless otherwise noted.

Deliverable Estimated due time after award

(except as noted)

Schedule kick-off meeting 15 days after award

Kick-off meeting summary and draft project management plan 2 weeks after kick-off meeting

Final project management plan 4 weeks after kick-off meeting

Progress Reports

Quarterly, on the weekday closest to the 15th of the month following the quarterly period of performance

Draft Final Report in Microsoft Word format 23 months after award

Presentation materials from Task 5 webinar and minutes from webinar 2 weeks after Task 5 webinar

Second draft Final Report and all supporting deliverables developed from this effort, draft TechBrief and draft

Microsoft PowerPoint presentation

25 months after award

Final Report in Microsoft Word format, TechBrief, Microsoft PowerPoint presentation, and Peer Review Paper 27 months after award

Deliverables

Quarterly progress reports (QPR) due on the weekday closest to the 15th of the month following the quarterly period of performance. The QPR shall include sufficient technical details to provide a complete picture of project technical progress and description of any problem encountered or anticipated that will affect the completion of any individual task within the time and fiscal constraints as set forth in the tasks, together with recommended solutions to such problems; or, a statement that no problems were encountered. The QPR shall also include an outline of the work to be accomplished during the next reporting period.

Draft Final Report in Microsoft Word format delivered within 23 months after award date. The draft final report will include documentation of all relevant data, analysis, modeling, computer code and user aids. A 30 day technical review will follow.

Presentation materials from Task 5 webinar and minutes from webinar delivered within two weeks after the webinar.

Second Draft Final Report addressing technical review comments, Draft TechBrief and Draft Microsoft PowerPoint presentation, and Peer Review Paper delivered 25 months after award. All data generated during the project shall be delivered in well documented, and organized, in Microsoft Excel files. Any full or prototype models developed and implemented in off-the-shelf software products, such as Microsoft

Excel, shall be included in the deliverables. A 30 day review period will follow.

For any software developed as part of this project, the Contractor shall provide as a minimum, the executable version, as well as well-documented source code in electronic readable format, overall software architecture documentation, overall and individual module interface documentation, other support and library files, and a user’s operations manual.

Final Report in Microsoft Word format, Final TechBrief, Final Microsoft PowerPoint presentation and Peer Review Paper delivered 30 days after receipt of FHWA's comments with corrections.

Note: Since reports that are published by FHWA will also be posted online, project final reports shall be submitted in conformance to the applicable Section 508 standard for Web-based Intranet and Internet Information and Applications (part 1194.22, http://www.access-board.gov/sec508/guide/1194.22.htm).

F.5 PLACE OF DELIVERY

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

ATTN: (to be filled in at Contract Award)

Turner-Fairbank Highway Research Center http://www.access-board.gov/sec508/guide/1194.22.htm http://www.access-board.gov/sec508/guide/1194.22.htm

6300 Georgetown Pike, HRDI-20

McLean, VA 22101

A copy of the transmittal letters for all deliverables shall be delivered to the Contract

Specialist at the following address:

ATTN: Tamiko Aikens (Tamiko.aikens@dot.gov)

1200 New Jersey Avenue, SE

Mail Stop: E66-105

Washington, DC 20590

(End of Section F)

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 FUNDS AVAILABILTY

a. Currently, funding in the amount of $_______is available for payment under this Contract.

b. The balance of funding under this Contract $_______ will be obligated

Subject To Availability of Funds and formal modification of this Contract by the CO.

c. FAR Part 52.232-22, entitled, "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.2 PAYMENT/COST REIMBURSEMENT

The Contractor may be reimbursed for direct and indirect costs incurred in the performance hereof as are allowable under the provisions of Subpart 31.2 of the

Federal Acquisition Regulations in the not-to-exceed amount of $_____ subject to the

Limitation of Funds clause.

The Contractor may request monthly interim payments for costs incurred during the performance of the contract. A statement of costs incurred by the Contractor in the performance of tasks under this contract and claimed to constitute allowable costs shall support each interim payment request. Each interim payment request shall be submitted in accordance with the attached, “FHWA Billing Instructions for Cost

Reimbursement Contracts” to be considered proper for payment. Prior approval of the

Contracting Officer (CO) is required if the Contractor wishes to use a different payment request format.

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

Contractor is making adequate progress toward successful contract completion.

Final invoice payment shall be made upon the CO’s determination that all contract requirements have been completed. The payment due date for final invoice shall be established in accordance with FAR Clause 52.232-25, (See G.10).

In accordance with FAR Clause 52.232-33, the Federal Highway Administration

(FHWA) shall only make an electronic reimbursement/payment.

G. 3 FIXED FEE PAYMENT SCHEDULE (COST REIMBURSEMENT

CONTRACTS)

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

CONTRACT PAYMENT PAYMENT

PERIOD MONTH(s) TERMS AMOUNT TOTAL

Award-Month 27 1 – 27 TBD $ TBD $ TBD

FINAL* $ TBD $ TBD

TOTAL $ TBD

*The final payment of $_______ (15% Withholding of Fixed Fee, not-to-exceed

$100,000), less any adjustments found as a result of the final audit, will be paid upon completion of the contract closeout audit.

G.4 INDIRECT COST RATES

Pending establishment of final rates for any period, provisional reimbursement will be made on the basis of the provisional rates shown below (as applicable):

NOTE:

a. applied to:

b. applied to:

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.

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

Type Cost

Center

R a t e

P e r i o d

Rate Base

Provisional Fringe % (a)

Provisional G&A % (b) do not cause the Contractor to exceed the total estimated costs for performance of the contract listed in Section B.

G.5 BILLING RATES

The direct labor rates and 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. Such requests shall delineate the current and proposed rates to be used, along with the effective rate of escalation.

G.6 ESCALATION RATE

Annual escalation of direct labor rates shall not exceed TBD percent, beginning in the second year of this contract, unless otherwise authorized by the Contracting Officer in writing.

G.7 TRAVEL AND PER DIEM RATES

The Contractor shall obtain COR/CO approval before scheduling any travel unless specifically stated otherwise in the contract. Travel and Per Diem authorized under this contract shall be reimbursed in accordance with the Government Travel

Regulations currently in effect.

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

G.8 SUBCONTRACTS - ADVANCE NOTIFICATION AND CONSENT

Under this contract, the requirements of FAR 44.2, CONSENT TO

SUBCONTRACTS, have been fulfilled for the following subcontracts:

TBD

Any future change or revision to the Statement of Work or other applicable aspects of this contract shall include the subcontract(s) only to the extent that performance of the subcontract(s) is directly affected by the change or revision.

G.9 KEY PERSONNEL

(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 receive the Contracting Officer’s approval, in writing, before the change becomes effective. The Contractor shall submit information to support the proposed action to the COR. The Contractor shall not remove or replace personnel under this contract until the COR has had a chance to review and comment on the proposed change.

The Key Personnel under this Contract are:

[to be completed at award]

G.10 INVOICES

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

1. Name and address of the Contractor.

2. Invoice number and invoice date.

3. Contract number and title.

4. Amount billed by CLIN, current and cumulative.

5. Total amount of billing.

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

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

If the invoice includes charges pertaining to Tasks 1 - 6, Travel and Other Indirect Costs, the following pages of the invoice shall include a detailed breakdown of any cost-reimbursable travel or Other Direct Costs charged for under the invoice, and backup (copies of receipts).

The backup shall be presented in a well-organized manner.

Submit all invoices to one of the following invoice addresses:

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

(a) Include the invoice as an attached PDF document

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

(i) “Invoice No. #

(ii) Contract/Agreement Number

(iii) Name of your Company/Organization.”

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

Example: Invoice No. 35 – DTFH61-08-C-00001 – ABC Company –

Attention: John Doe

If the invoice and supporting documents exceed 8 MB as an e-mail attachment, the

Contractor must select one of the other submission options presented below:

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

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

MMAC

FHWA/AMZ-150

6500 S. MacArthur Blvd

Oklahoma City, OK 73169

Attention: To be filled in at time of award

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

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

Markview Processing

P.O. Box 268865

Oklahoma City OK 73126-8865

Attention: To be filled in at time of award

All invoices, regardless of submission method, must identify the Contract Specialist as the invoicing point of contact.

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

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 CO will submit the final invoice to OKC for Markview processing, along with any other required closeout documents.

G.11 QUARTERLY PROGRESS REPORTS

The Contractor shall submit progress reports to the COR and the Contract Specialist.

These quarterly progress reports (QPR) are due on the weekday closest to the 15th of the month following the quarterly period of performance.

(a) The QPR shall include sufficient technical details to provide a complete picture of project technical progress and description of any problem encountered or anticipated that will affect the completion of any individual task within the time and fiscal constraints as set forth in the tasks, together with recommended solutions to such problems; or, a statement that no problems were encountered.

(b) The QPR shall also include an outline of the work to be accomplished during the next reporting period.

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

COR: TBD

CS: Tamiko.aikens@dot.gov

G.12 CONTRACTING OFFICER REPRESENTATIVE (COR)

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

(b) The Contracting Officer will designate a Contracting Officer’s Representative

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

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

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

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

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

Clause;

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

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

(d) The Contractor shall comply with the written or oral direction of the Contracting

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

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

(f) The Contractor shall provide copies of all correspondence to the Contracting

Officer and the COR.

(g) Any action(s) taken by the Contractor, in response to any direction given by any person acting on behalf of the Government or any Government official other than the

Contracting Officer or the COR acting within his or her appointment, shall be at the

Contractor’s risk.

(End of clause)

(End of Section G)

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 CONTRACT START UP

The Contractor shall be prepared to perform all work set forth in Section C upon the effective date of the Contract.

H.2 PROCUREMENT AUTHORITY

The Federal Highway Administration, Office of Acquisition Management, is the only agency that is authorized to modify, suspend, or terminate performance under this Contract.

H.3 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 Contracting

Officer. Two copies of any material proposed to be published or distributed shall be submitted to the Contracting Officer, and one copy to the COR.

H.4 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.

H.5 GOVERNMENT FURNISHED OR 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 http://www.cpars.csd.disa.mil/cparsfiles/cpars/refmatl.htm http://www.cpars.csd.disa.mil/ 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.

H.6 QUALITY ASSURANCE STATEMENT

The Federal Highway Administration provides high-quality information to serve

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

H.7 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 Contracting Officer, or the duly authorized representative of the Contracting Officer, as is necessary to ensure accomplishment of the contract objectives.

H.8 VEHICULAR AND GENERAL PUBLIC LIABILITY INSURANCE

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

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

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

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

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

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

(e) The Contractor shall notify the Contracting Officer (CO) in writing that the required insurance has been obtained and shall furnish a copy of any policies to the

CO. The policies evidencing required insurance shall contain an endorsement to the effect that any cancellation or any material change adversely affecting the interests of the Government shall not be effective until 30 days after written notice has been provided to the CO. The policies shall exclude any claim by the insurer for subrogation against the Government by reason of any payment under the policies.

Evidence of such insurance must be submitted to the Contracting Officer as a condition of award.

H.9 REQUIREMENTS FOR IMPLEMENTING SECTION 508 STANDARDS

The following applies to all FHWA Contracts 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

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.

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

____x___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

1194.21, “Software applications and operating systems,” 1194.22, “Web-based intranet and internet information and applications,” and Section

1194.24, “Video and Multi-media products,” apply to this work. The standards are available at www.access-board.gov/sec508/508standards.htm.

The standards do not require the installation of specific accessibility-related software or the attachment of an assistive technology device, but merely require that the EIT be compatible with such software and devices so that it can be made accessible, if so required by the agency, in the future.

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

Electronic documents with images:

Provide a text equivalent for every non-text element in all publications prepared in electronic format. Use descriptions (such as, "alt" and

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

Electronic documents with complex charts or data tables:

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

Electronic documents with forms:

When electronic forms are designed to be completed on-line, the form shall allow people using assistive technology to access the information, field http://www.access-board.gov/sec508/508standards.htm elements, and functionality required for completion and submission of the form, including all directions and cues.

H. 10 DISCLOSURE OF CONFLICTS OF INTEREST

It is the Department of Transportation's (DOT) policy to award contracts to only those

Offerors whose objectivity is not impaired because of any related past, present, or planned interest, financial or otherwise, in organizations regulated by DOT or in organizations whose interests may be substantially affected by…