RFP_DTFH6114R00027.docx

DTFH6114R00027

RATING

2. CONTRACT NUMBER

May 19, 2014

Federal Highway Administration Office of Acquisition Management 1200 New Jersey Ave. S.E. Rm E 65-101 Washington, DC 20590 Federal Highway Administration Office of Acquisition Management 1200 New Jersey Ave. S.E. Rm E 65-101, Washington, DC 20590 ATTN: Guang Zeng

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

SOLICITATION

9. Sealed offers in see Section L 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, E65-101 until June 20, 2014_ local time _12:30 pm __.

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 PROCUREMENT IS BEING ISSUED AS FULL AND OPEN COMPETITION.

THIS IS A FULL AND OPEN COMPETITION REQUIREMENT

Primary Contact: Guang Zeng Secondary Contact: Robin Hobbs

AREA CODE

NUMBER

366-5503 366-4004

EXT.

Guang.Zeng@dot.gov.

Adams.jeanpierre@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 __120 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:

10 U.S.C. 2304(c) ( ) 41 U.S.C. 253(c)( )

23. SUBMIT INVOICES TO ADDRESS SHOWN IN (4 copies unless otherwise specified)

ITEM

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

25. PAYMENT WILL BE MADE BY CODE

26. NAME OF CONTRACTING OFFICER (Type or print)

27. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

28. AWARD DATE

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 equipment, travel, materials and personnel necessary to provide the Federal Highway Administration (FHWA) with non-personal technical support for “New Approaches to Utility Cut Pavement Repair”, as described in Section C below.

This is a Time and Material, Labor Hour (T&M) contract.

B.2 SCHEDULE OF RATES

Labor category/skill sets and maximum rates per category effective under this contract are listed in J.1. The Title, description/responsibilities, and the fully burdened hourly rate govern the entire period of performance.

(End of Section B)

SECTION C

DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 BACKGROUND

It has been shown in numerous studies, and extensively in field practice, that the cutting and subsequent repair of pavements significantly accelerates degradation. Inconsistent construction and material quality, use of dissimilar materials, and the angular geometry of the repaired sections all contribute to deterioration that is significantly more rapid than what would happen had the pavement not been disturbed.

Much research has been conducted over the past three decades that examines pavement repairs and provide best practice guidance for the traditional method of cutting, excavating, backfilling/compacting granular base and patching asphalt or PCC. These methods are characterized by square-cut vertical joints and rectangular footprints. The repair material is typically either hot or cold mix asphalt, and the joints are often sealed with asphaltic material and sand. Much of this previous guidance is targeted at road agencies and not targeted at those whose primary objective is utility repair and as a consequence, may not place importance on effective patching after the repair or minimizing the impact to traffic. In addition, little documented work has been conducted on experimentation with alternative construction methods and materials outside of this traditional scope. To this end, it would be beneficial to investigate roadway maintenance organizations on a global level to examine rapid and effective utility cut repair methods, and document these practices for further study or direct use.

C.2 OBJECTIVES

The objective of this research project is to gather, analyze, and distill domestic and international information on pavement repair/restoration resulting from utility/subsurface cuts and excavations. The research effort shall focus on proven effective and novel, non-conventional and experimental techniques, with the scope of the investigation extended beyond North American practices. The analysis shall document the effectiveness of each practice, and make recommendations on techniques roadway agencies and utility companies should employ. Emphasis shall be placed on urban applications.

C.3 SCOPE OF WORK

The scope of this work is to carry out a study to comprehensively research and evaluate effective and durable approaches to the repair/restoration of utility cuts in asphalt and Portland cement concrete pavements. The scope of research shall not be limited to the United States; indeed, it is of interest to the FHWA to explore what other countries are doing in this subject area. This study shall document, assess and determine the efficacy of repair/restoration of pavements in the context of cuts to access buried utilities or other subsurface facilities. Particular emphasis shall be placed on urban conditions where utility cuts occur frequently and the desire is to minimize their impact on both the highway agency infrastructure and the traveling public.

C.4 TASK AREA REQUIREMENTS

Task 1 – Project Kickoff

Within 30 days of the effective date of the contract, the Contractor shall coordinate and conduct a kickoff meeting with the COR to discuss the scope of work, delivery schedule, delineate roles and responsibilities, and establish communication protocols. Following the meeting, the contractor shall prepare and submit to the COR a meeting summary within 1 week.

Task 2 – Perform Literature Review

Task 2a – Literature Review, Synthesis and Research

The Contractor shall synthesize current domestic and international utility cut repair practices and standards. The synthesis shall include, but is not limited to the topics listed below.

· State of domestic practice

· State of international practice

· Focus on countries with similar paving methods (asphalt concrete and PCC)

· International and domestic successes to minimize the disruption to traffic

· International and domestic successes to ensure the durability of the repair

· Repair methods not considered standard or traditional (e.g. modular systems that accelerate the repair process)

Task 2b – Documentation of Literature Review

Based on the information gathered in Task 2a, the Contractor shall develop and submit a draft report on the findings of the literature review, with suggested case study sites and a work plan for moving forward. This document will be reviewed and approved by the COR in writing prior to moving forward with Task 3. The COR shall review and approve/reject the document within 30 days.

Task 3 – Conduct Case Studies

The Contractor shall, perform case studies at the subject sites upon receipt of written notice to process (NTP) from the COR. These case study locations shall document information on these and related topics:

· Case histories and/or motivations

· Methods and materials

· Specifications

· Pavement repair/restoration laws and ordinances

· Notice requirements

· Utility company agreements

Task 4 – Develop “Best Practices Guide to Utility Cuts”

The Contractor shall, based on the outcomes of Task 3, develop documentation entitled “Best Practices Guide to Utility Cuts”. This shall include, but not be limited to, the following topics:

· Case studies

· Summary of methods and materials

· Processes, tools and data to support implementation

· Resources

The Contractor shall submit the draft best practices report to the COR for review and approval. The Contractor shall allow up to 3 months for FHWA review and approval, which will likely require iterative requests and responses to technical feedback.

Task 5 – Final Report and Closeout

The Contractor shall submit a draft final report both electronically and by bound hardcopy to the COR. Concurrently, the Contractor shall prepare and submit a draft TechBrief document electronically to accompany the report. The COR will request an in-person presentation of the results of the work. Additionally, contractor shall conduct a webinar (hosted by FHWA or TRB) to present results and promote dissemination of the Best Practices Guide and it shall occur within 10 months of effective date of contract.

C.5 GENERAL REQUIREMENTS

Government Printing Requirements

Printers Dummy

As final copy, the Contractor shall prepare a full-sized (or 90 percent-sized) dummy of the document, showing pagination, colors used, photo placement, and placement of text and all other visual elements.

Printers Disks

The final electronic files for printing shall be delivered to the FHWA on CD-ROMs, or other acceptable media. The disk shall include all necessary files for producing the printed document, and be accompanied by the standard GPO Form 952, Desktop Publishing----Disk Information. If the Contractor fails to provide explicit instructions and all needed files and information with the final deliverables (printers dummy and printer’s disks) the printing process will be delayed until the FHWA receives corrected files or information from the Contractor. The FHWA is not responsible for any additional costs, which may be incurred as a result of missing or incomplete information provided by the Contractor.

C.6 General Security Requirements

The Contractor shall establish appropriate administrative, technical, and physical safeguards to protect any and all Government data, to ensure the confidentiality, integrity, and availability of government data. As a minimum, this shall include protection for personnel security, electronic security and physical security as listed in the sections that follow:

C.7 Data Rights The Government will retain unlimited rights to all intellectual property and technical data produced in the course of developing, deploying, training, using and supporting FHWA or other Federal agencies under this contract. All modifications to Government Off-The-Shelf (GOTS) or Commercial Off-The-Shelf (COTS) software, middleware, hardware, or source code will need prior approval by FHWA and will be the sole property of the Government. The Contractor will be required to negotiate agreements with commercial system vendors relating to non-disclosure of vendor-proprietary information.

C.8 GOVERNMENT FURNISHED EQUIPMENT/INFORMATION/PROPERTY

Government furnished equipment/information is not anticipated in the performance of this contract.

C.9 PLACE OF PERFORMANCE

All work resulting from this proposal will be performed at the contractor’s site. No work will be performed on-site at FHWA, except for any meetings that may be required to be held at the Turner-Fairbank Highway Research Center (TFHRC) located at 6300 Georgetown Pike, McLean, VA 22101 as part of the offeror’s proposal.

C.10 HOURS OF WORK

The Contractor shall have a representative available to respond to the Government within 24 hours, Monday through Friday, of any inquiry by phone or email. The Contractor shall organize and coordinate its staff as necessary to meet performance objectives. Overtime is not authorized under this contract.

C.11 CONTRACTOR REQUIRED LICENSES/CERTIFICATIONS/TRAINING

The Contractor shall provide qualified and trained personnel.

C.12 TRAVEL

The Contractor shall coordinate any travel in support of Government requirements and require prior approval from the COR. The Government COR will specify the travel dates and location (if necessary). The Contractor shall not travel unless adequate funds have been obligated to the contract for travel and required prior approval from the COR has been obtained.

C.13 DIRECT LABOR RATES

Direct Labor rates under this contract includes Contractor employee labor, Sub-Contractor employee labor and Consultant labor. The direct labor rates are fully burdened with all proportional overhead, fringe, profit/fee, G&A, etc. Maximum direct labor rates are identified in Section J.1.

C.14 REPORTS AND DELIVERABLES

Unless specified otherwise, technical reports under this contract shall be prepared in accordance with the latest version of the Turner-Fairbank Highway Research Center’s (TFHRC) Communications Reference Guide (FHWA-RD-03-074), available at http://www.fhwa.dot.gov/publications/research/general/03074/index.cfm.

All fonts used in the documents shall be supplied on the document as it appeared on the contractor’s equipment. Files shall be included in the programs of origin, such as MS Word, PowerPoint, Excel, etc., so these files can be modified or corrected and re-imported into the full text document. Graphics shall be created as separate elements and imported into the text file. An electronic file of each imported graphic shall be delivered. Graphics shall be produced in a program that can export an interchange file format that can be imported into the full text. Photos shall be in TIF or EPS (GIF and JPEG are acceptable for electronic publishing) with on-screen preview and with line screen appropriate for printing. If graphics were not created by the author or through service of this contract, then permissions shall be obtained and delivered with submission of any deliverable. Files shall be provided in a manageable size of 3 Mb or less.

Progress Reports

The Contractor shall submit a quarterly progress report by the 15th of the month following the report period. The report shall provide at a minimum:

a) Description of work accomplished on each project including:

· Assigned staff

· Schedule of activities planned for the next quarter

· Deviations from schedule proposed for the report period

· Qualitative summary of findings from data analyses

· Issues or risks with planned schedule

b) A tabulation of the planned, actual and cumulative person-hours expended by the contractor personnel

c) A chart showing current (reporting period) and cumulative expenditures.

d) Completed deliverables

e) Travel taken during period

Schedule of Deliverables

The Contractor shall prepare and submit the deliverables as required and defined in this work statement in accordance with the delivery schedule, in Section F.

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 SHIPPING, MARKING, AND F.O.B. POINT

The F.O.B. point for all items, unless otherwise directed by the Government, shall be:

Ship to:

FEDERAL HIGHWAY ADMINISTRATION

HRDI - 20

6300 Georgetown Pike

McLean, VA 22101

Mark for: (TBD)

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.

All items shall be shipped F.O.B. destination unless otherwise specified.

SECTION E

INSPECTION AND ACCEPTANCE

E.1 Clauses incorporated by reference

52.246-6 inspection-Time and Material and labor hour (May 2001)

E.2 Inspection and Acceptance

All work hereunder shall be subject to review by the Government. The COR specified in the COR appointment letter(s) is responsible for inspection and acceptance of all incoming shipments, documents, and services.

E.3 ACCEPTANCE CRITERIA

Certification by the Government of satisfactory services provided is contingent upon the Contractor performing in accordance with the terms and conditions of the contract and all modifications.

E.4 Government Acceptance Period

Unless stated elsewhere in Section C, the COR will have thirty (30) calendar days to review draft deliverables and make comments. The Contractor shall have five (5) workdays to make corrections and return the corrected deliverable to the government.

Upon receipt of the final deliverables, the COR will have ten (10) workdays for final review prior to acceptance or providing documented reasons for non-acceptance.

SECTION F

DELIVERIES OR PERFORMANCE

F.1 CLAUSES INCORPORATED BY REFERENCE

52.242-15 STOP-WORK ORDER (AUG 1989)

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

F.2 PERIOD OF PERFORMANCE

The period of performance of this Time and Material, Labor Hour Contract shall not to exceed sixteen (16) months from the date of award. There are no option periods under the contract.

F.3 Method of Delivery

Electronic copies shall be delivered using Microsoft Office suite of tools (for example, MS WORD, MS EXCEL, MS POWERPOINT, MS PROJECT, or MS ACCESS format), unless otherwise specified by the COR. Electronic submission shall be made via email, unless otherwise agreed to by the COR.

F.4 Delivery Schedule Abbreviations

The following abbreviations are used in the delivery/deliverable schedule:

F.5 Deliverable/Delivery SUMMARY

The Contractor shall submit all deliverables in accordance with the schedule provided below..

Task 5

SECTION G

CONTRACT ADMINISTRATION DATA

G.1 Contract Administration Data

The Contractor shall provide sufficient management to ensure that this contract is performed efficiently, accurately, on time, and in compliance with the requirements of this document. Specifically, the Contractor shall designate a single manager to oversee this contract and supervise staff assigned to this contract.

G.2 CONTRACTING OFFICER’S AUTHORITY

The Contracting Officer is the only person authorized to make or approve any changes in any of the requirements of this contract, and, notwithstanding any provisions contained elsewhere in this contract, the said authority remains solely in the Contracting Officer. In the event the Contractor makes any changes at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract terms and conditions, including price.

Contracting Officer’s Address:

1200 New Jersey Avenue, SE Room: E65-101 – Mail Code: HCFA - 22 Washington, DC 20590

G.3 CONTRACTING OFFICER’S REPRESENTATIVE (COR)

(a) The Contracting Officer's Representative (COR) may be changed at any time by the Government without prior notice to the contractor by unilateral notice or unilateral modification to the contract. The COR is located at:

* The name and address of the COR will be designated at the time of contract award.

(b) The responsibilities and limitations of the COR are as follows:

(1) The COR is responsible for the technical aspects of the contract and serves as technical liaison with the contractor. The COR is also responsible for the final inspection and acceptance of all deliverables and such other responsibilities as may be specified in the contract.

(2) The COR is not authorized to make any commitments or otherwise obligate the Government or authorize any changes which affect the contract price, terms or conditions. Any contractor request for changes shall be referred to the Contracting Officer directly or through the COR. No such changes shall be made without the express written prior authorization of the Contracting Officer. The Contracting Officer may designate assistant or alternate COR(s) to act for the COR by naming such assistant/alternate(s) in writing and transmitting a copy of such designation to the contractor.

(c) 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.4 PAYMENT – TIME AND MATERIAL AND LABOR HOUR

For Time and Material/Labor Hour, unless otherwise specified in the contract, the Contractor may request payment on a monthly basis for work performed during the preceding month. The Contractor shall provide sufficient detail, including hours worked, position, hourly rates, to support the invoice.

The Contractor shall not accrue costs in excess of the amount funded under this Time and Material/Labor Hour contract. Any work performed in excess of the amount funded is at the Contractor’s own risk.

G.5 SUBMISSION OF INVOICES

Submit invoices and required supporting documents, electronically via e-mail to the following e-mail address: 9-AMC-AMZ-FHWA-Invoices@faa.gov.

(a) Invoices shall be submitted no more frequently than a monthly basis.

(b) Include the invoice and supporting documents as an attached PDF document.

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

(v) Example: Invoice No. 1 of Contract No. DTFH61-09-C-00001 ABC Corporation, Attention: Jimmy Dear

(e) Documentation shall include:

contract to date.

(f) If the invoice and supporting documents exceed 8 MB, the Contractor must select one of two non-electronic submission options presented below:

1. Invoice may be submitted via regular U.S. Postal Service to the following P.O. Box address:

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

2. Invoice submitted via an overnight service must use the following physical address because delivery services other than the U.S. Postal Service will not deliver to the P.O. Box address noted above:

Express Delivery Point of Contact: Lead Accounting Technician, HQ Room 291, phone number: 405-954-8252

NOTE: All three invoice submission options described above (e-mail, U.S. Postal Service or overnight service) result in the delivery of the invoice to the same finance office in Oklahoma City, OK.

G.6 TRAVEL AND PER DIEM

The Contractor shall invoice in accordance with FAR 31.205-46 and Federal Travel Regulations, and must submit documentation of all travel costs.

Travel requirements under this contract shall be met using the most economical form of transportation available. All travel shall be scheduled sufficiently in advance to take advantage of offered discount rates, unless authorized by the Contracting Officer.

G.7 KEY PERSONNEL

The following individuals are designated as Key Personnel under this contract:

TBD

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 and Grants Management, is the only agency that is authorized to modify, suspend, or terminate performance under this Contract.

H.3 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; however,

(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.

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 42.1503 and TAM 1242.1503. 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, Architect-Engineer contracts and 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 RECORDS MANAGEMENT

The Contractor shall comply with all Federal and DOT records management regulations regarding Federal recordkeeping requirements including the creation, maintenance and use, and disposition of records in all media (paper, electronic, audiovisual, Web sites, etc.).

Federal requirements can be located in Title 44, United States Code (USC), Chapter 31, at http://www.archives.gov/about/laws/fed-agencies.html, 44 USC Chapter 33 at http://www.archives.gov/about/laws/disposal-of-records.html, and Title 36, Code of Federal Regulations (CFR), Subchapter B, at http://www.archives.gov/about/regulations/subchapter/b.html.

DOT requirements can be located in DOT Order 1350.2, Departmental Information Resource Management Manual (DIRMM).

H.6 PROPRIETARY RIGHTS IN REPORTS

All property rights, including publication rights, in progress reports and final reports produced by the Contractor in connection with this contract provided for hereunder shall rest in the Government.

H.7 LIABILITY

The Contractor shall protect, defend, indemnify, save, and hold harmless the United States Government and its employees or agents, from and against any and all claims, demands, expenses, causes of action, judgments and liability arising out of, or in connection with, any fault, negligence, or wrongful acts or omissions of the Contractor, its agents, subcontractors, employees, assignees, or anyone for whom the Contractor may be responsible. The Contractor shall also be liable for any and all costs, expenses and attorney’s fees incurred as a result of any such claim, demand, cause of action, judgment or liability, including those costs, expenses, and attorneys’ fees incurred by the United States Government and its employees or agents. The Contractor’s liability shall not be limited by any provision or limits of insurance set forth in the resulting contract.

H.8 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, except within and between the Contractor and any Subcontractors or specified Integrated Product/Process Team (IPT) members who have a need to know, of information developed under this contract or contained in the reports to be furnished pursuant to this contract, without the prior written consent of the Contracting Officer. The COR and the Contracting Officer shall be afforded the opportunity to review all Contractor communications and/or correspondence with the media regarding this effort at least 72 hours prior to public release. An electronic copy of any material proposed to be published or distributed shall be submitted to the Contracting Officer, and the COR. FHWA approval for publication will require protection of intellectual property and patent rights of both FHWA and the Contractor.

H.9 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, if at any time during the performance of this contract the Contractor knows of any Conflict of Interest situation affecting the organization, any of its officers or Key Persons working under this contract, has reason to believe that a conflict of interest situation might arise, or is made aware of an actual or potential conflict of interest situation:

(a) The Contractor shall immediately provide to the Contracting Officer a written statement which describes in a concise manner all past, present or planned organizational, financial, contractual or other interest(s) with that organization regulated by DOT, or with that organization or individual whose interests may be substantially affected by Departmental activities, and which is related to the work under this contract. The interest(s) described shall include those of the Contractor, its affiliates, consultants, Subcontractors and key personnel of any of the above. Past interest shall be limited to within one year of the date of the offeror's technical proposal. Key personnel shall include any person owning more than 20% interest in the organization, and the organization's 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.

(b) The Contractor shall describe in detail when it became aware of the actual or potential conflict of interest, what action the organization has taken or proposes to take to mitigate and / or rectify the situation, and why it believes, in light of the interest(s) identified in (a) above, that performance of the contract can still be accomplished in an impartial and objective manner.

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

(d) The Contracting Officer will review the statement submitted and may require additional relevant information from the Contractor. All such information, and any other relevant information known to DOT, will be used to determine whether a conflict of interest exists or a situation exists that may create a conflict of interest. If any such conflict of interest is found to exist, the Contracting Officer may (1) terminate the contract, or (2) determine that it is otherwise in the best interest of the United States to continue the contract with the Contractor and (3) modify the contract to include appropriate provisions to mitigate or avoid such conflicts in the contract.

(e) If the Contractor refuses to provide the written statement called for in paragraph (a), or any additional information that the Contracting Officer may require, the Contracting Officer may terminate the Contract for convenience if he or she deems that termination is in the best interest of the Government.

H.10 CONTROL AND DISPOSAL OF HAZARDOUS CHEMICALS

The Contractor shall comply with the Occupational Safety and Health Administration (OSHA) regulations 29 CFR Parts 1910 and 1926. Attention is directed to the control of hazardous material, Section 1910.1200 of the OSHA regulations and the Environmental Protection Agency regulations concerning the disposal of hazardous waste [Solid Waste Disposal Act, as amended by the Resources Conservation Act of 1976, as amended (42 U.S.C. 6901 et seq.)].

H.11 ACKNOWLEDGEMENT OF SUPPORT AND DISCLAIMER

An acknowledgment of FHWA support and a disclaimer must appear in any publication of any material, whether copyrighted or not, based on or developed under this contract in the following terms:

“This material is based upon work supported by the Federal Highway Administration under contract number TBD.”

Additionally, all materials must contain the following statement:

“Any opinions, findings and conclusions or recommendations expressed in this publication are those of the author(s) and do not necessarily reflect the views of the Federal Highway Administration.”

H.12 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.13 CONTRACTOR’S FAILURE TO PERFORM REQUIRED SERVICES

The rights of the Government and remedies described in this section are in addition to all other rights and remedies set forth in the contract. Specifically, the Government reserves its rights under the Inspection of Services and Termination Clauses. Any reductions in the Contractor’s invoice shall reflect the contract’s reduced value resulting from the Contractor’s failure to perform required services. The Contractor shall not be relieved of full performance of the services hereunder and may be terminated for default based upon inadequate performance of services, even if a reduction was previously taken for any inadequate performance.

H.14 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.15 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.

SECTION I

CONTRACT CLAUSES

I.1 CLAUSES INSERTED BY REFERENCE

52.202-1 Definitions. (NOV 2013)

52.203-3 Gratuities. (APR 1984)

52.203-5 Covenant Against Contingent Fees. (APR 1984)

52.203-6 Restrictions on Subcontractor Sales to the Government. (SEP 2006)

52.203-7 Anti-Kickback Procedures. (OCT 2010)

52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity. (JAN 1997)

52.203-10 Price or Fee Adjustment for Illegal or Improper Activity. (JAN 1997)

52.203-12 Limitation on Payments to Influence Certain Federal Transactions. (OCT 2010)

52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights. (SEPT 2013)

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (MAY 2011)

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards

(JUL 2013)

52.204-13 System for Award Management Maintenance. (JUL 2013)

52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (AUG 2013)

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (MAY 2012)

52.215-2 Audit and Records – Negotiation. (OCT 2010)

52.215-8 Order of Precedence – Uniform Contract Format. (OCT 1997)

52.215-14 Integrity of Unit Prices. (OCT 2010)

52.215-15 Pension Adjustments and Asset Reversions. (OCT 2010)

52.215-18 Reversion or Adjustment of Plans for Postretirement Benefits (PRB) Other Than Pensions. (JUL 2005)

52.216-7 Allowable Cost and Payment (JUN 2013)

52.219-8 Utilization of Small Business Concerns. (JUL 2013)

52.219-28 Post-Award Small Business Program Representation. (JUL 2013)

52.222-3 Convict Labor. (JUN 2003)

52.222-19 Child Labor—Cooperation with Authorities and Remedies. (JAN 2014)

52.222-21 Prohibition of Segregated Facilities. (FEB 1999)

52.222-26 Equal Opportunity. (MAR 2007)

52.222-35 Equal Opportunity for Veterans. (SEP 2010)

52.222-36 Affirmative Action for Workers with Disabilities. (OCT 2010)

52.222-37 Employment Reports on Veterans. (SEP 2010)

52.222-40 Notification of Employee Rights Under the National Labor Relations Act.

(DEC 2010)

52.222-50 Combating Trafficking in Persons. (FEB 2009)

52.222-54 Employment Eligibility Verification (AUG 2013)

52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts. (SEP 2013)

52.223-6 Drug-Free Workplace. (MAY 2001)

52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction Contracts. (MAY 2008)

52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving.

(AUG 2011)

52.225-13 Restrictions on Certain Foreign Purchases. (JUN 2008)

52.227-1 Authorization and Consent (DEC 2007)

52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement.

(DEC 2007)

52.227-3 Patent Indemnity. (APR 1984)

52.227-14 Rights in Data–General. (DEC 2007)

52.227-16 Additional Data Requirements. (JUN 1987)

52.227-19 Commercial Computer Software License. (DEC 2007)

52.229-3 Federal, State, and Local Taxes. (FEB 2013)

52.232-7 Payments under Time-and-Materials and Labor-Hour Contracts. (AUG 2012)

52.232-8 Discounts for Prompt Payment. (FEB 2002)

52.232-9 Limitation on Withholding of Payments. (APR 1984)

52.232-11 Extras. (Apr 1984)

52.232-17 Interest. (OCT 2010)

52.232-23 Assignment of Claims. (JAN 1986)

52.232-25 Prompt Payment. (JUL 2013)

52.232-33 Payment by Electronic Funds Transfer – System for Award Management.

(JUL 2013)

52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013)

52.232-40 Providing Accelerated Payment to Small Business Subcontractors (DEC 2013)

52.233-1 Disputes. (JUL 2002) – Alternate I (DEC 1991)

52.233-3 Protest after Award. (AUG 1996)

52.233-4 Applicable Law for Breach of Contract Claim. (OCT 2004)

52.242-1 Notice of Intent to Disallow Costs. (APR 1984)

52.242-3 Penalties for Unallowable Costs. (MAY 2001)

52.242-4 Certification of Final Indirect Costs. (JAN 1997)

52.242-13 Bankruptcy. (JUL 1995)

52.243-3 Changes – Time and Materials or Labor Hours. (SEP 2000)

52.244-2 Subcontracts. (OCT 2010)– Alternate I (JUN 2007)

52.244-5 Competition in Subcontracting. (DEC 1996)

52.244-6 Subcontracts for Commercial Items. (DEC 2013)

52.245-1 Government Property. (APR 2012)

52.245-9 Use and Charges. (APR 2012)

52.246-25 Limitation of Liability—Services. (FEB 1997)

52.248-1 Value Engineering. (OCT 2010)

52.249-6 Termination (Cost-Reimbursement) Alternative IV (SEP 1996)

52.249-14 Excusable Delays. (APR 1984)

52.251-1 Government Supply Sources. (APR 2012)

(APR 2005)

1252.245-70 Government property reports. (OCT 1994)

I.2 CLAUSES INSERTED IN FULL TEXT

52.217-8 OPTION TO EXTEND SERVICES. (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within the contract period of performance.

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://acquisition.gov/far/index.html

52.252-4 ALTERATIONS IN CONTRACT (APR 1984)

Portions of this contract are altered as follows:

(End of clause)

52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of (DEVIATION)” after the date of the clause.

(b) The use in this solicitation or contract of any Transportation Acquisition Regulation (48 CFR Chapter 12) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

(End of clause)

SECTION J

LIST OF ATTACHMENTS

J.1 Schedule of Rates

J.2 Shipping Label

J.3 Standard Form LLL – Disclosure of Lobbying Activities

J.4 Non-Disclosure Agreement

SECTION K

REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF OFFERORS OR RESPONDENTS

52.204-8 Annual Representations and Certifications (Jan 2014) (a)(1) The North American Industry Classification System (NAICS) code for this acquisition is _541330.

(2) The small business size standard is _$14 Million.

(3) The small…