RFP_Latest_Version--_DTFH61-13-R-00023_R.docx

DTFH61-13-R-00023

RATING

PAGE OF PAGES

1 | 45

2. CONTRACT NUMBER

3. SOLICITATION NUMBER

DTFH61-13-R-00023

May 23, 2013

6. REQUISITION/PURCHASE NO.

41-10-13010

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

Sealed offers in one original copy and 4 copies for furnishing the supplies or services in the Schedule will be received at the place specified in 7 until 12:00PM EST June 24, 2013. THIS PROCUREMENT IS ISSUED USING FULL AND OPEN COMPETITION.

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

Robin Hobbs

AREA CODE

NUMBER

366-3092 366-4004

EXT.

Tamiko.Aikens@dot.gov Robin.Hobbs@dot.gov

11. TABLE OF CONTENTS

AND OTHER STATEMENTS OF OFFERORS

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.

10 CALENDAR DAYS

20 CALENDAR DAYS

30 CALENDAR DAYS

CALENDAR DAYS

(The Offeror acknowledges receipt of amendments to the

SOLICITATION for offerors and related documents

Numbered and dated):

FACILITY

16. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

AND

OFFER (Type or print)

ADDRESS

OF

OFFEROR

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:

ITEM

24. ADMINISTERED BY (If other than Item 7) CODE

25. PAYMENT WILL BE MADE BY CODE

26. NAME OF CONTRACTING OFFICER (Type or print)

27. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

28. AWARD DATE

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

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 33 (Rev. 9-97)

DTFH61-13-R-00001

Previous edition is unusable Prescribed by GSA – FAR (48 CFR) 53.214

PART I

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 CONTRACT SUMMARY

The Contractor shall furnish all necessary facilities, materials, and personnel and shall perform all non-personal services necessary to complete the “Validation and Refinement of Western Research Institute (WRI) Fundamental Properties III (FP III) Products” in accordance with the Statement of Work described in Section C, below.

The Government anticipates award of a Firm-Fixed-Price (FFP) Contract.

The maximum potential amount for all work under this FFP Contract, with Cost Reimbursable Travel and Other Direct Costs, CLINS 0001 through 0009 is $TBD as delineated below:

Table 1

CONTRACT

LINE ITEM

NUMBER

(CLIN)

SAMPLES

Each $ ____________ (Firm-Fixed Price)

Each $ ____________ (Firm-Fixed Price)

0003 – Task 3

Infrared Analysis (IR)

Each $ ____________ (Firm-Fixed Price)

Each $ ____________ (Firm-Fixed Price)

Each $ ____________ (Firm-Fixed Price)

Each $ ____________ (Firm-Fixed Price)

0007 –Task 7A 4 slices Analysis of Data

ALF

(Fatigue Experiment)

(4) (3)

Each

$ ____________ (Firm-Fixed Price) $ ____________ (Firm-Fixed Price)

0007 –Task 7B 2 slices Analysis of Data

(4) (3)

Each

$ ____________ (Firm-Fixed Price) $ ____________ (Firm-Fixed Price)

0007 –Task 7C 3 slices Analysis of Data

(WMA/RAP)

(5) (2)

Each

$ ____________ (Firm-Fixed Price) $ ____________ (Firm-Fixed Price)

0007 –Task 7D 2 slices Analysis of Data

(5) (2)

Each

$ ____________ (Firm-Fixed Price) $ ____________ (Firm-Fixed Price)

0007 –Task 7E

Contractor’s Recommendation (Field Sites)

$ ____________ (Firm-Fixed Price)

0007 –Task 7F

Compatibility Study (Binders)

0007 –Task 7G

Contractor’s Recommendations (Binders)

$10,000 (Not to Exceed)

$7,000 (Not to Exceed)

Table 2

Material (number sites or materials)

ALF

(Fatigue Experiment) 4 slices

a. (4) samples x 4 slices:

$_____Price

b. (3) samples x 4 slices:

$_____Price

Total Price

a. (4) samples x 4 slices:

$_____Price

b. (3) samples x 4 slices:

$_____Price

Total Price

a. (4) samples x 4 slices:

$_____Price

b. (3) samples x 4 slices:

$_____Price

Total Price

a. (4) samples x 4 slices:

$_____Price

b. (3) samples x 4 slices:

$_____Price

Total Price

a. (4) samples x 4 slices:

$_____Price

b. (3) samples x 4 slices:

$_____Price

Total Price

a. (4) samples x 4 slices:

$_____Price

b. (3) samples x 4 slices:

$_____Price

Total Price All 4 slices: Samples Data

$________Total Price

ALF

(Fatigue Experiment) 2 slices

a. (4) samples x 2 slices:

$_____Price

b. (3) samples x 2 slices:

$_____Price

Total Price

a. (4) samples x 2 slices:

$_____Price

b. (3) samples x 2 slices:

$_____Price

Total Price

a. (4) samples x 2 slices:

$_____Price

b. (3) samples x 2 slices:

$_____Price

Total Price

a. (4) samples x 2 slices:

$_____Price

b. (3) samples x 2 slices:

$_____Price

Total Price

a. (4) samples x 2 slices:

$_____Price

b. (3) samples x 2 slices:

$_____Price

Total Price

a. (4) samples x 2 slices:

$_____Price

b. (3) samples x 2 slices:

$_____Price

Total Price All 2 slices: Samples

ALF (WMA/RAP)

3 slices

a. (5) samples x 3 slices:

$_____Price

b. (2) samples x 3 slices:

$_____Price

Total Price

a. (5) samples x 3 slices:

$_____Price

b. (2) samples x 3 slices:

$_____Price

Total Price

a. (5) samples x 3 slices:

$_____Price

b. (2) samples x 3 slices:

$_____Price

Total Price

a. (5) samples x 3 slices:

$_____Price

b. (2) samples x 3 slices:

$_____Price

Total Price

a. (5) samples x 3 slices:

$_____Price

b. (2) samples x 3 slices:

$_____Price

Total Price

a. (5) samples x 3 slices:

$_____Price

b. (2) samples x 3 slices:

$_____Price

Total Price

All 3 slices: Samples

ALF (WMA/RAP)

2 slices

a. (5) samples x 2 slices:

$_____Price

b. (2) samples x 2 slices:

$_____Price

Total Price

s. (5) samples x 2 slices:

$_____Price

b. (2) samples x 2 slices:

$_____Price

Total Price

a. (5) samples x 2 slices:

$_____Price

b. (2) samples x 2 slices:

$_____Price

Total Price

a. (5) samples x 2 slices:

$_____Price

b. (2) samples x 2 slices:

$_____Price

Total Price

a. (5) samples x 2 slices:

$_____Price

b. (2) samples x 2 slices:

$_____Price

Total Price

a. (5) samples x 2 slices:

$_____Price

b. (2) samples x 2 slices:

$_____Price

Total Price All 2 slices: Samples

Contractor’s Recommendation (Field Sites)

Compatibility Study (Binders)

Contractor’s Recommendations

Table 2 Notes: (1) The numbers in parenthesis are specific samples and number of samples the FHWA would like the Offeror to analyze, if funding permits. (2) The FHWA will supply the binders for: ALFs, the Contractor’s Recommendations to include Field Sites and Compatibility Study. (3) ALF fatigue experiment - 4 slices will be taken at x,y,z,a1 from cores taken from lanes 1 -7. ALF WMA/RAP - 3 slices will be taken at x,y,z from cores taken from reconstructed lanes 1- 10. (4) The total price information contained in Task 7 for Table 2, should roll into Table 1 for Task 7.

B.2 TRAVEL

All travel shall be reimbursed at cost in accordance with the Travel and Per Diem clause (reference Section G). Travel and Pier Diem shall not exceed $TBD for the prime Contractor for the total period of performance. This amount is included within the total estimated cost of the Contract.

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 BACKGROUND

The following work was accomplished under Contract No. DTFH61-07-D-00005, “Fundamental Properties of Asphalts and Modified Asphalts III”:

Over the past 6 years the Western Research Institute (WRI) has been obtaining information about the fundamental chemical properties of asphalt, relating these properties to the bulk material or chemical associations, and showing how these associations affect the physical performance of asphalt concrete. An outcome of their efforts is a number of methods, predictive models and tools were developed that have potential to increase pavement life. These include developments in the physical characterization of binders, specifically the development of 4 mm DSR and the application of Atomic Force Microscopy, and in the chemical characterization and fractionation of binders. Another outcome of the FP III was the development of a kinetic asphalt aging model project implementation.

C.2 CONTRACT OBJECTIVES

While validation of these techniques and models was pursued in the development of these products, the materials to be evaluated here further this, and also test the breadth of their utility. The ALF materials from the fatigue experiment and the WRI test sites will provide additional data points to strengthen the aging model. Binders from these sites are representative of long term aged materials and in many cases showing extensive signs of embrittlement. Evaluation of asphalt binders from the accelerated loading facility (ALF) reclaimed asphalt pavement/warm mix asphalt (RAP/WMA), reclaimed asphalt shingle (RAS) and reclaimed engine oil bottoms (REOB) materials will provide evidence as to whether the test methods and protocols are valid for these sustainable materials.

C.3 SCOPE OF WORK

As previously mentioned, the focus of this activity is to further validate FP III products and make modifications, where necessary, to these test methods and protocols. Largely, small field sample collection and preparation (including extraction), 4 mm DSR characterization, and asphaltene determinator will address field asphalt binder aging, specifically chemical changes in the binder and how aging influences embrittlement. A secondary focus is on sustainable binders. These include binders reclaimed from asphalt pavement (RAP) and asphalt shingles (RAS) using recovered engine oil bottoms (REOBs).

Products to be evaluated include the 4-mm dynamic shear rheometer (DSR), the kinetic asphalt aging model, and the asphaltene-determinator. In addition, test methods to support this effort will also be employed. These include the use of atomic force microscopy (ATM) and differential scanning calorimetry (DSC).

The 4-mm DSR technique enables the low temperature rheological characterization of asphalt with a minute amount of binder. This is exceptionally useful when evaluating field samples at different depths as well as materials used in asphalt preservation.

The Asphaltene Determinator technique employs a continuous flow system to precipitate and re-dissolve various chemical species from asphalt and results in a fractionation of the asphaltenes thereby providing additional insight regarding asphalt performance.

C.4 STATEMENT OF WORK

DELINEATION OF CONTRACTOR TASKS

A summary of what progress is made shall be reported in Quarterly Progress Reports and in a Final Report. These reports shall be delivered to the Contract Specialist and Contracting Officer’s Representative (COR) in accordance with the schedule discussed in the following sections of this solicitation.

Task Areas

Further validation of products developed by WRI through testing of materials provided by TFHRC. These materials include the following:

(1) Materials from the existing ALF fatigue study of neat and modified binders,

(2) Materials from sections to be constructed between June 1, 2013 and August 15, 2013 timeframe containing high RAP and RAS content mixes,

(3) Asphalts blended with RAS and REOB, and

(4) Materials recommended by Contractor (e.g., may include WRI test section materials).

Activities included in this procurement:

(1) Validate of test methods and protocols developed by WRI under the FP III Contract using ALF material and field materials.

(2) Evaluation and analysis of new ALF materials,

(3) Evaluation and analysis of materials used in TFHRC compatibility study, and

(4) Analysis of data and modification of test methods and protocols as necessary.

The proposed research involves several steps outlined below. The Contractor shall conduct the following tasks at a minimum.

(1) Task 1: Sample preparation/collection – Sample collection will be performed using a micro-sampling technique recently developed at WRI. This is a simple, small-scale method using a hammer drill and masonry bit for obtaining field samples of flexible pavement for laboratory extraction and analysis. With the development of 4 mm DSR sufficient asphalt binder can be recovered to evaluate low, intermediate and high temperature rheology, including the LAST and MSCR tests. This allows pavement evaluation without coring and performing large-scale extractions. The method has been adjusted to allow sampling of the top 1 to 2 mm of pavement in order to acquire just the emulsion residue.

(2) Task 2: Extractions – The samples collected in Step 1 will be extracted using toluene/ethanol (85/15 by volume) but during the extraction process the solvent/asphalt will not be filtered which could trap some of the polymer in the asphalt. Instead, a high speed centrifuge will be used to remove the aggregate. Insure that all of the solvent has been removed by using the new IR method developed at WRI that can not only detect the presence of remaining solvent but quantify the amount.

(3) Task 3: Infrared analysis (IR) – All the recovered residues will be evaluated with IR to not only measure if there is remaining solvent, but also to assess the extent of oxidation in terms of carbonyl and sulfoxide concentration.

(4) Task 4: Differential Scanning Calorimetry (DSC) – All of the recovered residues will be evaluated with DSC to determine the average glass transition (Tg) as well as the width of this transition.

(5) Task 5: Rheology – The key to obtaining the low temperature rheology on minute quantities of binder is application of 4mm DSR. The test method developed by WRI requires only 25 mg of material (in practice about 150 mg is necessary in order to allow sample trimming, etc.), which is several orders of magnitude less than the amount required to fabricate a BBR beam. Low temperature rheology will be performed using 4 mm DSR. Some high and medium temperature rheology may be needed in support of the aging rate model.

(6) Task 6: Atomic Force Microscopy (AFM) – Make recommendations for selection of 5 to 10 materials listed in Table 1. Based on concurrence of COR, characterize these materials with AFM.

(7) Task 7: Analysis of Data --

Experimental Matrix (not “set in stone”)

Material (number sites or materials)

ALF (fatigue experiment) - 4 slices

- 2 slices

ALF (WMA/RAP) - 3 slices

- 2 slices

Contractor’s Recommendation (field sites)

Compatibility Study (binders)

Contractor’s Recommendations (binders)

COMMUNICATION AND REPORTING REQUIREMENTS

For all work under this contract, the Contractor shall maintain regular contact with the Contracting Officer’s Representative (COR). This contact shall include monthly telephone conference calls and/or meetings as the work progresses. In addition, the Contractor shall submit to the COR all reports, information gathered, and other project-related documents, with incorporated or imbedded graphics, if applicable, in both printed and electronic format compatible to the FHWA’s software requirements (Microsoft Office 2007). Original source files for images and graphics shall also be submitted. Reports and other documents generated by the Contractor and their Subcontractors shall not be released for publication or dissemination without the Contracting Officer’s written approval following coordination with the COR.

SECTION D - PACKAGING AND MARKING

D.1 PACKAGING

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

D.2 SHIPMENT AND MARKING

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

Ship to:

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

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

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 CO.

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

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

SECTION F - DELIVERIES OR PERFORMANCE

F.1 PERIOD OF PERFORMANCE

All work and services required under this contract shall be completed on or before 18 months from the effective date of the Contract.

F.2 PLACE OF DELIVERY

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

(to be filled in at award)

The quarterly reports and other items as specified shall be delivered via e-mail to the Contract Specialist at the following e-mail address:

Tamiko.aikens@dot.gov

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

52.242-15 STOP-WORK ORDER (AUG 1989)

F.3 F.O.B. POINT

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

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

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

F.4 PLACE OF PERFORMANCE

The work performed under this Contract shall be accomplished at the Contractor’s Site unless otherwise provided.

F.5 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.

Deliverables

(1) Data on ALF materials, Compatibility Study materials, and materials recommended by the Contractor.

(2) A summary of what progress is made shall be reported in Quarterly Progress Reports and in a Final Report.

(3) Where appropriate, updated protocols and test procedures will be provided in AASHTO format.

Deliverables Schedule

CONTRACT

LINE ITEM

NUMBER

(CLIN)

TBD by Contractor

TBD by Contractor

0003 – Task 3

Infrared Analysis (IR)

TBD by Contractor

TBD by Contractor

TBD by Contractor

TBD by Contractor

0007 –Task 7A 4 slices

Analysis of Data

0007 –Task 7B 2 slices Analysis of Data

0007 –Task 7C 3 slices Analysis of Data

0007 –Task 7D 2 slices Analysis of Data

0007 –Task 7E

Contractor’s Recommendation (Field Sites)

TBD by Contractor

0007 –Task 7F

Compatibility Study (Binders)

TBD by Contractor

0007 –Task 7G

Contractor’s Recommendations

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 FUNDS AVAILABLE

a. Currently, funding in the amount of $TBD is obligated to this Contract.

b. The balance of funding under this Contract $TBD will be obligated Subject To Availability of Funds and formal modification of this Contract by the CO.

52.232.22 LIMITATION OF FUNDS (APR 1984)

G.2 PAYMENT UNDER FIRM FIXED PRICE

For Firm-Fixed-Price, the Contractor may request payment for the Firm-Fixed-Price specified in the Task upon the Government’s acceptance of all work under that Task. Satisfactory completion and acceptance of the Task and Task Samples will be made by the Contracting Officer. If the Task Samples are not acceptable, the Contractor may be asked to submit new samples. The Contractor may bill on a quarterly basis. The quarterly progress reports shall be delivered via email to the Contract Specialist and the COR for review.

G.3 PAYMENT — COST REIMBURSABLE TRAVEL COSTS AND OTHER DIRECT COSTS

a. The Contractor may be reimbursed for costs associated with travel, as allowable under the provisions of Subpart 31.2 of the Federal Acquisition Regulation (FAR) in the not-to-exceed amount of $________ subject to the Limitation of Costs Clause.

b. The Contractor may request interim payments for travel costs incurred during the performance of this Contract. Each interim payment request shall be supported by a statement of costs incurred by the Contractor in the performance of this Contract and claimed to constitute allowable costs. Interim payment requests may be made no more frequently than monthly.

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

d. Final invoice payment shall be made upon the CO's determination that all Contract requirements have been completed. The payment due date for the final invoice shall be established in accordance with the clause 52.232-25 of the FAR.

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.

0This 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.

G.5 INVOICES

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

1. Name and address of the Contractor.

2. Invoice number and invoice date.

3. Contract number and title.

4. Amount billed by CLIN, current and cumulative.

5. Total amount of billing.

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

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

If the invoice includes charges pertaining to CLIN 0011 and 0009, 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:

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

MMAC

FHWA/AMZ-150

6500 S. MacArthur Blvd Oklahoma City, OK 73169 Attention: To be filled in at time of award Express Delivery Point of Contact: April Grisham, 405 954-8269

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

Federal Highway Administration Markview Processing P.O. Box 268865 Oklahoma City OK 73126-8865 Attention: To be filled in at time of award

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

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

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.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.

G.7 SUBCONTRACTS - ADVANCE NOTIFICATION AND CONSENT

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

[as negotiated]

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

G.8 TRAVEL AND PER DIEM

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

Travel reimbursed under this contract shall be based on the most economical form of transportation available only. Any costs deemed unreasonable will be reduced to a reasonable amount. Improper costs will be disallowed and deducted from the invoice. Any exceptions shall be fully justified and documented with the invoice. All travel shall be scheduled sufficiently in advance to take advantage of available discount rates.

Useful Links:

Federal Travel Regulations http://www.gsa.gov/portal/category/21222 GSA Travel Overview http://www.gsa.gov/portal/category/21286

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

G.9 CONTRACTING OFFICER'S REPRESENTATIVE (COR)

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

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

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

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

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

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

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

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

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

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

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

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

G.10 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 notify the contracting officer, in writing, before the change becomes effective. The Contractor shall submit information to support the proposed action to enable the contracting officer to evaluate the potential impact of the change on the contract. The Contractor shall not remove or replace personnel under this contract until the Contracting Officer approves the change.

The Key Personnel under this Contract are:

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

G.11 NON-PERSONAL SERVICES CONTRACT

This contract is a “non-personal services contract” as defined in the FAR Subpart 37.101. It is understood and agreed that the Contractor and/or Contractor’s employees, consultants and Subcontractors:

(a) Shall perform the services specified herein as independent Contractors, not as employees of the Government.

(b) 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.

(c) Shall be free from any direct or indirect supervision or control by any Government employee with respect to the manner or method of performance of the services specified.

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

G.12 QUARTERLY PROGRESS REPORTS

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

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

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

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

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

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

The 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

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 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.4 CONTRACTOR SUPERVISION

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

H.5 UNAUTHORIZED USE AND DISCLOSURE OF PROPRIETARY INFORMATION

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

H.6 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.7 REPRINTS OF PUBLICATIONS

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

H.8 SECTION 508 STANDARDS

In addition to the work requirements specified in the above statement of work, the Contractor shall 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. Contractors can view Section 508 of the Rehabilitation Act (http://www.access-board.gov/508.htm) and the Federal IT Accessibility Initiative (Home Page) (http://section508.gov/) for detailed information.

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

The standards are available at http://www.access-board.gov/sec508/standards.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 COR.

Electronic documents with images:

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

Electronic documents with complex charts or data tables:

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

Electronic documents with forms:

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

H.9 SPECIFICATIONS FOR ELECTRONIC DELIVERABLES

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

H.10 RIGHTS IN DATA AND REPORTS

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

H.11 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 Departmental activities. Based on this policy:

The Offerors shall provide a statement in its proposal that describes in a concise manner all past, present or planned organizational, financial, contractual or other interest(s) with an organization regulated by DOT, or with an organization whose interests may be substantially affected by Departmental activities, and which is related to the work under this solicitation. The interest(s) described shall include those of the proposer, its affiliates, proposed consultants, proposed subcontractors and key personnel of any of the above. Past interest shall be limited to within one year of the date of the Offerors technical proposal. Key personnel shall include any person owning more than 20% interest in the Offerors, and the Offerors corporate officers, its senior managers and any employee who is responsible for making a decision or taking an action on this contract where the decision or action can have an economic or other impact on the interests of a regulated or affected organization.

The Offerors shall describe in detail why it believes, in light of the interest(s) identified in (a) above, that performance of the proposed contract can be accomplished in an impartial and objective manner.

In the absence of any relevant interest identified in (a) above, the Offerors shall submit in its proposal a statement certifying that to its best knowledge and belief no affiliation exists relevant to possible conflicts of interest. The Offerors must obtain the same information from potential Subcontractors prior to award of a subcontract.

The CO will review the statement submitted and may require additional relevant information from the Offerors. All such information, and any other relevant information known to DOT, will be used to determine whether an award to the Offerors may create a conflict of interest. If any such conflict of interest is found to exist, the CO may (1) disqualify the Offerors, or (2) determine that it is otherwise in the best interest of the United States to contract with the Offerors and include appropriate provisions to mitigate or avoid such conflict in the contract awarded.

The refusal to provide the disclosure or representation, or any additional information required, may result in disqualification of the Offerors for award. If nondisclosure or misrepresentation is discovered after award, the resulting contract may be terminated. If after award the Contractor discovers a conflict of interest with respect to the contract awarded as a result of this solicitation, which could not reasonably have been know prior to award, an immediate and full disclosure shall be made in writing to the CO. The disclosure shall include a full description of the conflict, a description of the action the Contractor has taken, or proposes to take, to avoid or mitigate such conflict. The CO may, however, terminate the contract for convenience if he or she deems that termination is in the best interest of the Government.

(End of provision)

H.12 LIMITATION ON FUTURE CONTRACTING

It is agreed by the parties of this contract that the Contractor will be restricted in its future contracting with FHWA to the manner described below. Except as specifically provided in this clause, the Contractor shall be free to compete for FHWA business on an equal basis with other companies.

If the Contractor, under the terms of this contract, is required to develop specifications or statements of work, or materials leading directly, predictably or without delay to a statement of work to be used in the competitive procurement of a system or services, the Contractor shall be ineligible to perform the work described within that solicitation as a prime Contractor, subcontractor, Consultant, or in any capacity to any supplier under an ensuing FHWA contract. Such restrictions shall remain in effect for one year following the date of the initial solicitation.

H.13 SYSTEM FOR AWARD MANAGEMENT (SAM)

The System for Award Management (SAM) replaced CCR/FedReg, ORCA, and EPLS. If you have been using those systems, you should now go to www.sam.gov to find your information.

SAM is online. Your CCR username will not work in SAM. You will need a new SAM User Account to register or update your entity records.

If you had an active record in CCR, you have an active record in SAM. You do not need to do anything in SAM at this time, unless a change in your business circumstances requires updates to your Entity record(s) in order for you to be paid or to receive an award or you need to renew your Entity(s) registration prior to its expiration. SAM will send notifications to the registered user via email 60, 30, and 15 days prior to expiration of the Entity’s record.