RFP_DTFH6114R00041_7-10.pdf

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

UNDER DPAS (15 CFR 700)

RATING

PAGE OF PAGES

1 | 41

2. CONTRACT NUMBER

3. SOLICITATION NUMBER

DTFH6114R00041

4. TYPE OF SOLICITATION

SEALED BID (IFB)

X NEGOTIATED (RFP)

5. DATE ISSUED

July 10, 2014

6. REQUISITION/PURCHASE NO.

41-20-14021

7. ISSUED BY CODE HCFA-22 8. ADDRESS OFFER TO (If other than Item 7)

Federal Highway Administration Office of Acquisition and Grants Management 1200 New Jersey Ave. SE, Rm E65-101 Washington, DC 20590

Federal Highway Administration Office of Acquisition and Grants Management 1200 New Jersey Ave. SE, Rm E65-101, Washington, DC 20590 ATTN: Daniel Confer

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 3:00 pm _ local time _ August 11, 2014 __.

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.

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

INFORMATION

CALL:

Daniel Confer

AREA CODE

NUMBER

366-0730

EXT.

Daniel.Confer@dot.gov

11. TABLE OF CONTENTS

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

PART I - THE SCHEDULE PART II - CONTRACT CLAUSES

X A SOLICITATION/CONTRACT FORM 1 X I CONTRACT CLAUSES 20

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

X C DESCRIPTION/SPECS./WORK STATEMENT 4 X J LIST OF ATTACHMENTS 26

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

X E INSPECTION AND ACCEPTANCE 8 X K REPRESENTATIONS, CERTIFICATIONS 27

X F DELIVERIES OR PERFORMANCE 9 AND OTHER STATEMENTS OF OFFERORS

X G CONTRACT ADMINISTRATION DATA 11 X L INSTRS., CONDS., AND NOTICES TO OFFERORS 32

X H SPECIAL CONTRACT REQUIREMENTS 15 X M EVALUATION FACTORS FOR AWARD 39

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.

13. DISCOUNT FOR PROMPT PAYMENT

(See Section I, Clause No. 52.232-8)

10 CALENDAR DAYS

20 CALENDAR DAYS

30 CALENDAR DAYS

CALENDAR DAYS

14. ACKNOWLEDGMENT OF AMENDMENTS AMENDMENT NO. DATE AMENDMENT NO. DATE

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

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

AND OFFER (Type or print)

ADDRESS

OF

OFFEROR

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

AREA CODE

NUMBER

EXT.

ADDRESS IS DIFFERENT FROM ABOVE -

ENTER SUCH ADDRESS IN SCHEDULE.

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED

20. AMOUNT

21. ACCOUNTING AND APPROPRIATION

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

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

23. SUBMIT INVOICES TO ADDRESS

SHOWN IN (4 copies unless otherwise specified)

ITEM

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

26. NAME OF CONTRACTING OFFICER (Type or print)

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 “Field Evaluation of At-Grade Alternative Intersection Designs,” as described in Section C below.

B.2 SCHEDULE OF SERVICES

CLIN

Contract Line Item

Number

Task Deliverable Type Price

CLIN 0001 1 Kick off meeting minutes and Updated Work plan

FFP

CLIN 0002 3 Field Data Collection Plan – 12 sites

FFP

CLIN 0003 3 Reduced Field Data – 6 sites FFP Each Site:

Total:

CLIN 0103

Government

Option

3 Reduced Field Data – 6 additional sites

FFP Each Site:

Total:

CLIN 0004 3 Operational Evaluation Report - 6 sites

FFP

CLIN 0104

Government

Option

3 Operational Evaluation Report - 6 additional sites

FFP

CLIN 0005 4 Safety Evaluation Report – 6 sites

FFP

CLIN 0105

Government

Option

4 Safety Evaluation Report – 6 additional sites

FFP

CLIN 0006 4 TechBrief – 6 sites

FFP

CLIN 0106

Government

Option

4 TechBrief – 6 additional sites

FFP

CLIN 0007 All Travel (all tasks) – 6 sites (Travel expenses only. Does not include any labor, overheads, or fee)

T&M Not to exceed $17,000

CLIN 0107

Government

Option

All Travel (all tasks) – 6 additional sites (Travel expenses only. Does not include any labor, overheads, or fee)

T&M Not to exceed $24,000

Total:

NOTE: T&M = Time-and-Materials, FFP = Firm-Fixed-Price NOTE: If CLINs 0104, 0105, or 0106 are exercised, then one deliverable should be submitted for each covering all 12 sites.

B.3 TRAVEL

All travel shall be reimbursed as T&M in accordance with Section G. Travel and Pier Diem shall not exceed $41,000 for the total period of performance. This amount is included within the total price of the Contract.

SECTION C

DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 BACKGROUND

Alternative intersection designs refer to any forms of intersection design that are not found in the current AASHTO Design Guide and not commonly/routinely used by state/local transportation agencies for improving capacity and safety. At a full access intersection, when the traffic demand exceeds the capacity limit, the conventional approach of increasing capacity is to add lane(s) to the over saturated approaches and enlarge the intersection. When the conflicts become too frequent and result into safety concerns, the conventional way of improving safety is to install a traffic signal and/or add protected phases to certain movements (which will reduce intersection capacity). In alternative intersection design, the method used to improve intersection capacity and safety is not by adding more lanes or protected phases, but by altering the travel routes of certain movements so as to eliminate/reduce/relocate certain traffic conflicts (particularly the dangerous ones) and enable some previously conflicting movements to happen simultaneously in the new geometric layout. Examples of at-grade alternative intersection designs include the displaced left turn intersection (DLT) also known as continuous flow intersection (CFI), restricted crossing U-turn intersection (RCUT) also known as J-Turn and Superstreet, and quadrant intersection, etc. In many cases, alternative intersection designs can deliver the desired level of service (LOS) and safety at substantially lower cost than conventional designs. However, alternative intersection designs do have the potential of causing driver confusions due to their unconventional nature.

The Federal Highway Administration (FHWA) has been promoting alternative intersection/interchange design since 2006, and more recently under the second round of Every Day Count (EDC2) initiative. This project will evaluate and quantify the operational and safety benefits of implementing alternative intersection designs, and document the lessons learned and best practices to enable state and local highway agencies to implement them with confidence.

Reference:

Alternative Intersections/Interchanges: Informational Report (AIIR) http://www.fhwa.dot.gov/publications/research/safety/09060/

C.2 OBJECTIVE

The objectives of this project are to:

Quantify the operational and safety benefits of implementing alternative intersection design;

Identify what worked and what did not work when implementing specific forms of alternative intersection design; and

Document good practice and synthesize design recommendations for the types of alternative intersections evaluated.

C.3 SCOPE OF WORK

To accomplish the objective above, the Contractor shall evaluate six sites, plus an additional six if the Government option is exercised, limited to at-grade alternative intersections. Up to five of the six initial sites may be existing alternative intersections; the remaining sites should be new projects to enable before/after field studies and safety evaluations. The sites may include rural RCUT, signalized RCUT, DLF, Bowtie and other types of alternative intersection designs.

The forms of alternative intersections to be evaluated in the study shall provide solutions to a representative class of intersections experiencing traffic congestion and/or safety problems. The existing alternative intersection sites shall be good examples for that type of design.

C.4 TASK AREA REQUIREMENTS

In order to meet the contract objectives, the Contractor shall perform the following tasks:

Task 1 - Project Kickoff

Within two weeks after award, key members of the Contractor’s team shall participate in a kick off meeting with FHWA to discuss the tasks and delivery schedule, delineate roles and responsibilities, and establish communication protocols. The Contractor shall present to FHWA their proposed evaluation approach, and when applicable, address the comments/suggestions made by FHWA. The Contractor shall prepare and submit to the COR a meeting summary within 1 week. Based on the meeting, the Contractor shall further refine their work plan, as applicable, including their project schedule and resource allocation, and submit the updated work plan to the COR within 2 weeks after the kick off meeting.

Task 2 - Recruit Evaluation Sites

The Contractor shall reach out to state and local transportation agencies that have alternative intersection projects in the pipeline, or are interested in considering such designs, to recruit evaluation sites. Part of the recruiting effort involves providing necessary technical support and producing presentation material to help the agencies secure project approval and funding commitment. The Contractor shall keep FHWA informed of their outreach activities and FHWA will assist in this effort as possible by providing leads in interested agencies, facilitating meetings to discuss the suitability of specific forms of alternative intersection design at specific locations, and marketing and outreach while attending conferences or meetings with potential agencies. When necessary and appropriate, FHWA will also provide direct technical assistance to agencies in traffic analysis, feasibility study, and review of preliminary/detail design and consultants' work.

Any type of at-grade alternative intersection designs may be considered. However, the alternative intersection designs selected for evaluation must have the potential of providing cost effective solutions to a general type of intersections that experience similar traffic congestion and safety challenges. It is desirable to have at least two sites for each intersection design selected for evaluation. All sites shall be approved by the COR must have clearly stated traffic and safety challenges that can be addressed by the proposed alternative intersection designs.

Task 3 – Conduct Before/After Operational Evaluation

In this task, the Contractor shall look into the unique challenges, such as congestion, safety, and other factors present at each site, and design a field data collection plan to enable before/after period comparison and to quantify improvements in appropriate aspects.

Two to four weeks before each field data collection trip, the Contractor shall notify the COR and coordinate with the partnering agency on setting up traffic control, if needed. Also at this time, the Contractor shall conduct a web conference with FHWA to go over the details of field data collection, what technologies will be used, and who will lead the data collection task, equipment and crew allocated, etc. After returning from each trip, the Contractor shall process the data promptly, and provide the COR with the reduced field data within two months after each trip.

After field data collection at all sites are completed (six initial sites and six additional sites if Government option is exercised), the Contractor shall produce an operational evaluation report based on the analysis of field data collected from sites. In it, the Contractor shall document the lessons learned and findings made at each evaluation site, and recommend design features that help improve drivers’ compliance to the design intent. The Contractor shall submit a draft report and after receipt of FHWA comments, the Contractor shall revise and submit a final version.

Note: Field data collection should be done during regular work days (Monday-Friday) while local schools are in session. Before period field data collection shall be done before setting up the construction work zone or any alternation of the intersection that may change the traffic pattern. After period field data collection shall be done after the intersection has been opened to traffic for three months.

Task 4 – Perform Before/After Safety Evaluation

In this task, the Contractor shall conduct a before/after safety evaluation of the alternative intersection sites using the methodologies proposed by the Contractor and approved by the COR.

The safety evaluation may be done through crash analysis or alternative safety evaluation approaches that incorporate surrogate measures. Any alternative approaches should be practical in terms of data collection and clearly related to the intersections crash rate.

At the conclusion of this task, the Contractor shall produce a safety evaluation report and a TechBrief. The Contractor shall submit a draft version of both the report and TechBrief and after receipt of FHWA comments; the Contractor shall revise and submit a final version of each.

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 AND MARKING

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

Federal Highway Administration Office of Safety R&D, HRDS-10 6300 Georgetown Pike McLean, VA 22101 Attention: (to be completed at award) Email: (to be completed at award)

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

SECTION E

INSPECTION AND ACCEPTANCE

E.1 CLAUSES INCORPORATED BY REFERENCE

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.

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

52.246-6 INSPECTION—TIME-AND-MATERIAL AND LABOR-HOUR.

(MAY 2001)

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

All work and services under this contract shall be completed on or before 60 months from the effective date of the contract.

F.3 PLACE OF PERFORMANCE

Work resulting from this proposal will generally 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 or the Department of Transportation (DOT) Headquarters located at 1200 New Jersey Avenue SE, Washington, DC 20590.

F.4 HOURS OF WORK

The Contractor shall have a representative available to respond to the Government within two business days, Monday through Friday, of any inquiry by phone or email. The Contractor shall organize and coordinate its staff as necessary to meet performance objectives.

F.5 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) or Adobe Acrobat, unless otherwise specified by the COR. Electronic submission shall be made via email, unless otherwise agreed to by the COR.

F.6 PROGRESS REPORTS

The Contractor shall submit a quarterly progress report by the 15th of the month following the quarter being reported to the Contract Specialist and the COR at the following email addresses:

COR: (to be completed at award) CS: (to be completed at award)

The report shall provide at a minimum:

a) Description of work accomplished on each task during the quarter, including deliverables completed and travel taken.

b) Planned work for each task during the subsequent quarter.

c) A description of any problem encountered or anticipated that will affect the completion of the tasks, together with recommended solutions to such problems; or, a statement that no problems were encountered.

F.7 DELIVERABLE/MILESTONE SUMMARY

Task/Deliverable Dates

1. Present at Kick Off Meeting and

Develop Work Plan

a. Kick Off Meeting

b. Kick Off Meeting Minutes

c. Updated Work Plan

Within 2 weeks after contract award.

Due 1 week after kick off meeting.

Due 2 weeks after kick off meeting.

2. Recruit Evaluation Sites Ongoing until all sites are completed.

Estimated 30 month duration.

3. Conduct Before/After Operational Evaluation

a. Field Data Collection Plan

b. Field Data Collection Web Conference

c. Reduced Field Data

d. Operational Evaluation Report

Estimated 36 month duration.

4 weeks after contract award.

2 to 4 weeks before each field data collection trip.

Due 2 months after each field data collection trip.

Draft due 46 months after contract award.

(6 weeks for FHWA review/2 weeks for Contractor revision) Final due 48 months after contract award.

4. Perform Before/After Safety Evaluation

a. Safety Evaluation Report

b. TechBrief

Draft due 58 months after contract award.

Final due 60 months after contract award.

Draft due 58 months after contract award.

Final due 60 months after contract award.

Quarterly Progress Reports Due by the 15th of month following the quarter being reported.

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 – FIRM-FIXED-PRICE (CLINs 0001-0006 and Option CLINs 0103-0106)

For Firm-Fixed-Price CLINs 0001-0006 and Option CLINs 0103-0106, the Contractor may request payment for the prices specified in Section B upon the Government’s acceptance of the deliverable(s) listed. The determination of satisfactory completion and acceptance of the work will be made in writing by the COR. No work shall be performed under Option CLINs 0103- 0106 until a signed contract modification is received from the Contracting Officer exercising the Option CLINs.

G.5 PAYMENT – TIME-AND-MATERIALS (TRAVEL CLIN 0007 and Option CLIN 0107)

For Time-and-Materials travel, the Contractor may request payment on a monthly basis for travel taken during the preceding month. The Contractor shall provide sufficient detail about the trip taken and provide receipts with the invoice. All travel must be in accordance with Section G.7.

The Contractor shall not accrue travel costs in excess of the amount funded under these Time-and-Materials CLINs. Any costs in excess of the amount funded are at the Contractor’s own risk.

No travel shall be taken under Option CLIN 0107 until a signed contract modification is received from the Contracting Officer exercising the Option CLIN.

G.6 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 monthly.

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

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

(i) Invoice #

(ii) Contract Number

(iii) Name of your Company/Organization

(iv) Attention: Name of Contract Specialist

(v) Example: Invoice No. 1 of Contract No. DTFH6114C00001 ABC Corporation, Attention: (To be filled in at award)

(d) Documentation shall include:

(1) Name and address of the Contractor.

(2) Invoice number, invoice date, and Contract Number.

(3) Contract number and title.

(4) Period of work billed.

(5) Amount billed by CLIN, current and cumulative.

(6) Hours expended per individual under the Contract (Not applicable)

(7) Total amount of billing and cumulative total billed for all work under the contract to date.

(8) Name and address of the individual to whom payment should be sent.

(9) Name, title, phone number, and e-mail address of person to be contacted in the event of a defective invoice.

(10) Name of the Contracting Officer.

(e) 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:

MMAC

FHWA/AMZ-150

6500 MacArthur Blvd.

Oklahoma City, OK 73169 Attention: (To be filled in at award)

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.7 TRAVEL AND PER DIEM

The Contractor shall coordinate travel plans with the COR as all travel requires the prior written approval of the COR. 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.

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

G.8 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:

(to be completed at contract award) Position Staff Member

G.9 CONTRACTOR SUPERVISION

The Contractor shall provide total supervision of its staff at all times. Government personnel are not authorized or permitted to supervise any Contractor personnel. The Contractor’s Program Manager 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 Program 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 Program Manager shall be subject to the approval of the Contracting Officer.

G.10 CONTRACTOR REQUIRED LICENSES/CERTIFICATIONS/TRAINING

The Contractor shall provide properly qualified and trained personnel to successfully perform the tasks listed in Section C.4.

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.

(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. CPARS reference material can be accessed at http://www.cpars.gov/.

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 http://www.cpars.gov/ 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, 44 USC Chapter 33, and Title 36 Code of Federal Regulations (CFR) Subchapter B. DOT requirements can be located in DOT Order 1350.2, Departmental Information Resource Management Manual (DIRMM), particularly Chapter 9, Departmental Records Management Program.

H.6 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.7 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.8 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 (to be completed at award).”

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.9 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.10 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:

______1194.21 Software applications and operating systems.

___x__1194.22 Web-based intranet and Internet information and applications.

______1194.23 Telecommunications products.

______1194.24 Video and multimedia products.

______1194.25 Self-contained, closed products.

______1194.26 Desktop and portable computers.

The standards are available at http://www.access-board.gov/508.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.11 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.

H.12 GOVERNMENT FURNISHED EQUIPMENT/INFORMATION/PROPERTY

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

SECTION I

CONTRACT CLAUSES

I.1 FAR CLAUSES INCORPORATED BY REFERENCE

52.202-1 Definitions. (NOV 2013)

52.203-3 Gratuities. (APR 1984)

52.203-5 Covenant Against Contingent Fees. (MAY 2014)

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

52.203-7 Anti-Kickback Procedures. (MAY 2014)

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

(MAY 2014)

52.203-10 Price or Fee Adjustment for Illegal or Improper Activity. (MAY 2014)

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. (APR 2014)

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) (Fill-in: 30th day)

52.219-8 Utilization of Small Business Concerns. (MAY 2014)

52.219-9 Small Business Subcontracting Plan. (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)

52.223-18 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)

52.227-11 Patent Rights—Ownership by the Contractor. (MAY 2014)

52.227-14 Rights in Data–General. (MAY 2014)

52.227-16 Additional Data Requirements. (JUN 1987)

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

52.232-1 Payments. (APR 1984)

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. (MAY 2014)

52.232-23 Assignment of Claims. (MAY 2014)

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. (MAY 2014) – Alternate I (DEC 1991)

52.233-3 Protest after Award. (AUG 1996)

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

52.242-3 Penalties for Unallowable Costs. (MAY 2014)

52.242-13 Bankruptcy. (JUL 1995)

52.243-1 Changes – Fixed Price. (AUG 1987) – Alternate I (APR 1984)

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

52.244-2 Subcontracts. (OCT 2010) Fill-In (d): to be completed at award Fill-In (j): to be completed at award

52.244-6 Subcontracts for Commercial Items. (MAY 2014)

52.245-1 Government Property. (APR 2012)

52.245-9 Use and Charges. (APR 2012)

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

52.249-2 Termination for Convenience of the Government. (Fixed-Price)(APR 2012)

52.249-6 Termination (Cost-Reimbursement). (May 2004) - Alternate IV (SEP 1996)

52.249-8 Default (Fixed-Price Supply and Service). (APR 1984)

52.249-14 Excusable Delays. (APR 1984)

52.251-1 Government Supply Sources. (APR 2012)

52.253-1 Computer Generated Forms. (JAN 1991)

I.2 TAR CLAUSES INCORPORATED BY REFERENCE

1252.223-73 Seat Belt Use Policies and Programs. (APR 2005)

1252.235-70 Research Misconduct (APR 2005)

1252.242-72 Dissemination of Contract Information. (OCT 1994)

1252.245-70 Government Property Reports. (OCT 1994)

I.3 FAR CLAUSES INSERTED IN FULL TEXT

52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING

RESPONSIBILITY MATTERS. (JUL 2013)

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

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

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

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

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

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

(i) Past performance reviews required by subpart 42.15;

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

(iii) Information that is withdrawn during the 14-calendar-day waiting period by the

Government official who posted it in accordance with paragraph (c)(1) of this clause.

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

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

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

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

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

(End of clause)

52.217-7 OPTION FOR INCREASED QUANTITY—SEPARATELY PRICED LINE

ITEM. (MAR 1989)

The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor within the contract period of performance. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.

(End of clause)

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.

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

(a) The Government may extend the term of this contract by written notice to the Contractor within the period of performance; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 14 days before the contract expires. The preliminary notice does not commit the Government to an extension.

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

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 66 months.

(End of clause)

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.

52.252-4 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…