RFP_DTFH6115R00021_4-13.pdf

DTFH6115R00021

SOLICITATION, OFFER AND AWARD

4. TYPE OF SOLICITATION2. CONTRACT NUMBER 3. SOLICITATION NUMBER

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

ORDER UNDER DPAS (15 CFR 700)

6. REQUISITION/PURCHASE NUMBER

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

NEGOTIATED (RFP)

SEALED BID (IFB)

5. DATE ISSUED

1. THIS CONTRACT IS A RATED RATING PAGE OF PAGES

1 36

C. E-MAIL ADDRESS

EXT.NUMBERAREA CODE

B. TELEPHONE (NO COLLECT CALLS)A. NAME

10. FOR

INFORMATION

CALL:

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.

(Date)(Hour) local timeuntildepository located in copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if hand carried, in the

SOLICITATION

9. Sealed offers in original and

PART IV - REPRESENTATIONS AND INSTRUCTIONS

OTHER STATEMENTS OF OFFERORS

EVALUATION FACTORS FOR AWARD

INSTRS., CONDS., AND NOTICES TO OFFERORS

REPRESENTATIONS, CERTIFICATIONS AND

LIST OF ATTACHMENTS

CONTRACT CLAUSES

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.

I

J

K

L

M SPECIAL CONTRACT REQUIREMENTS

CONTRACT ADMINISTRATION DATA

DELIVERIES OR PERFORMANCE

INSPECTION AND ACCEPTANCE

PACKAGING AND MARKING

DESCRIPTION/SPECS./WORK STATEMENT

SUPPLIES OR SERVICES AND PRICES/COSTS

SOLICITATION/CONTRACT FORM

PART II - CONTRACT CLAUSESPART I - THE SCHEDULE

H

G

F

E

D

C

B

A

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

11. TABLE OF CONTENTS

18. OFFER DATE17. SIGNATURE

SUCH ADDRESS IN SCHEDULE.

IS DIFFERENT FROM ABOVE - ENTER

15C. CHECK IF REMITTANCE ADDRESS

EXT.NUMBERAREA CODE

15B. TELEPHONE NUMBER

(Type or print)AND

ADDRESS

OF

OFFEROR

CODE FACILITY

16. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER15A. NAME

DATEAMENDMENT NO.DATEAMENDMENT NO.

and related documents numbered and dated):

amendments to the SOLICITATION for offerors

(The offeror acknowledges receipt of

14. ACKNOWLEDGEMENT OF AMENDMENTS

CALENDAR DAYS (%)30 CALENDAR DAYS (%)20 CALENDAR DAYS (%)10 CALENDAR DAYS (%)

(See Section I, Clause No. 52.232.8)

13. DISCOUNT FOR PROMPT PAYMENT

designated point(s), within the time specified in the schedule.

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

12. In compliance with the above, the undersigned agrees, if this offer is accepted within ______________ calendar days (60 calendar days unless a different period is inserted

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

OFFER (Must be fully completed by offeror)

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

28. AWARD DATE

(Signature of Contracting Officer)

27. UNITED STATES OF AMERICA

25. PAYMENT WILL BE MADE BY

26. NAME OF CONTRACTING OFFICER (Type or print)

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

ITEM

(4 copies unless otherwise specified)

23. SUBMIT INVOICES TO ADDRESS SHOWN IN

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

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

21. ACCOUNTING AND APPROPRIATION20. AMOUNT19. ACCEPTED AS TO ITEMS NUMBERED

AWARD (To be completed by government)

CODE

X

HCFA

FEDERAL HIGHWAY ADMINISTRATION

OFFICE OF THE CHIEF FINANCIAL OFFICER

OFFICE OF ACQUISITION & GRANTS MGMT, E65-101

1200 NEW JERSEY AVENUE, SE

WASHINGTON DC 20590

1500 ES

Daniel Confer 202 Daniel.Confer@dot.gov

366-0730

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X

X

X

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X

X

X

X

X

X

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PAGE(S)

Daniel Confer

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition is unusable

STANDARD FORM 33 (Rev. 9-97)

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

Daniel.Confer Typewritten Text See Block 7

Daniel.Confer Typewritten Text

Daniel.Confer Typewritten Text

ATTN: DANIEL CONFER, HCFA-22

Daniel.Confer Typewritten Text

Daniel.Confer Typewritten Text

Daniel.Confer Typewritten Text

HRDI-41-20-15010

Daniel.Confer Typewritten Text

Daniel.Confer Typewritten Text

Daniel.Confer Typewritten Text May 13, 2015

Daniel.Confer Typewritten Text

Daniel.Confer Typewritten Text 4/13/2015

Daniel.Confer Typewritten Text

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

2 36

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

DTFH6115R00021

(A) (B) (C) (D) (E) (F)

Quality Assurance Data Analysis as a Leading

Indicator for Infrastructure Condition

Performance Management

00001 Task 1: Kick-off meeting summary report

Firm-Fixed-Price

00002 Task 4: Revised Interim Report and Work Plan for

Tasks 5 and 6

Firm-Fixed-Price

00003 Task 6: Final TechBrief/PowerPoint

Firm-Fixed-Price

00004 Task 6: Final Project Report

Firm-Fixed-Price

00005 Task 6: Webinar

Firm-Fixed-Price

00006 All Tasks: Travel

Time-and-Materials. (Travel expenses only. Does not include any labor, indirects, or fee. Billed at cost.)

OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

NSN 7540-01-152-8067

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 “Quality Assurance Data Analysis as a Leading Indicator for Infrastructure Condition Performance Management”, as described in Section C below.

B.2 SCHEDULE OF SERVICES

CLIN

Contract Line Item Number

Description Type Price

00001 Task 1: Kick-off meeting summary report

FFP

00002 Task 4: Revised Interim Report and Work Plan for Tasks 5 and 6

FFP

00003 Task 6: Final TechBrief/PowerPoint FFP 00004 Task 6: Final Project Report FFP 00005 Task 6: Webinar FFP 00006 All Tasks: Travel

(Travel expenses only. Does not include any labor, indirects, or fee. Billed at cost.)

T&M Not to exceed $10,000

Total:

NOTE: T&M = Time-and-Materials, FFP = Firm-Fixed-Price

SECTION C

DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 BACKGROUND

The most recent surface transportation reauthorization law, Moving Ahead for Progress in the 21st Century Act (MAP-21), transforms the policy and programmatic framework for surface transportation investments by focusing on national transportation goals, increasing the accountability and transparency of the Federal highway programs, and improving transportation investment decision making through performance-based planning and programming. Over the next few years, State and local highway agencies will be working with USDOT to establish performance measures for pavement condition and will set performance targets in support of those measures. Once established, State and metropolitan planning organizations (MPO) plans will describe how program and project selection will help achieve the targets. By focusing on national goals, increasing accountability, and improving transparency, this shift to performance management will improve decision-making through better informed planning and programming. In addition, by setting targets for pavement condition and measuring progress relative to them, an agency is able to assess how well they are meeting the targets with the investments they are making.

It is anticipated that the measurement of how well an agency’s pavement condition compares to the performance management target would be assessed with condition data by the time pavement distress appears on that network, however, the damage is done and as a result the distress is considered a lagging indicator. During pavement construction, however, agencies collect a significant amount of quality assurance (QA) data. This quality assurance data factors into determining acceptance of the pavement construction and it would therefore be logical to assume a relationship to the expected performance of the pavement. This quality assurance data may offer insights on how the pavement will perform over time and could serve to provide an agency with an early indication of that pavement’s contribution within a performance management framework.

It is anticipated that agencies would use their Pavement Management System (PMS) to set performance targets, to monitor and assess performance towards achieving those targets, and to report performance measures for performance management. The current PMS practice typically does not incorporate QA data as part of the performance prediction process and often the first as-built information used is the distress data collected during the network level pavement condition evaluation. Including QA data in this process has the potential to enhance the reliability of predicted performance early in the pavement deterioration phase and in turn, the reliability of performance targets and monitoring progress towards them. In addition, as agencies shift from method or prescriptive specifications to performance related and performance based specifications and as they retain digital as-builts (e.g. LiDAR Survey Mapping), they will have access to additional engineering data that directly relates to performance as a part of the construction process. This presents the potential to more reliably account for expected performance increases and these construction data sources have a value beyond construction.

C.2 OBJECTIVE/SCOPE

The objective of this project is to examine the QA and other as-built data collected during pavement construction and develop effective processes for incorporating this data as a leading performance indicator within an agency’s pavement management system in supporting performance management and pavement investment decisions. The developed process shall focus on how the reliability of pavement performance models, traditionally based on periodic pavement condition evaluation, can be enhanced through incorporation of construction QA data and will provide best practices to facilitate the inclusion of construction data within the pavement management decision making framework.

C.3 TASK AREA REQUIREMENTS

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

Task – 1 Kickoff-Project Management Within 30 days of contract award, the Contractor shall coordinate and conduct a kickoff meeting, either through web conference or in person, with the COR and others as appropriate, to review the statement of work, delivery schedule, delineate roles and responsibilities, and establish communication protocols.

Following the meeting, the Contractor shall submit a written summary of discussions, decisions, and action items.

NOTE: If the kickoff meeting is held in person, the use of Government facilities is preferred and food and drink shall not be provided by the Contractor.

Task - 2 Research Current and Evolving Practices

2.1 Gather and review information relevant to the State highway agencies, best practices using QA and other as-built data analyses for purposes beyond construction acceptance.

2.2 Identify leading State transportation agencies that use or could use QA data to varying degrees to assess the differences between as-designed or expected versus as-built or actual pavement performance. Agencies selected shall have readily available data/information and be willing to work with the project team.

2.3 Review the proposed pavement condition performance measures as issued in the Federal Highway Administration’s Notice of Proposed Rulemaking (NPRM) issued on January 5, 2015 (http://www.regulations.gov/#!documentDetail;D=FHWA-2013-0053-0001) for the purpose of identifying QA data collected during pavement construction that relate to these measures.

Task – 3 Document QA Processes for Performance Measures

3.1 Assess the elements of the proposed pavement condition measures in the NPRM and identify how data collected during construction may be used as a leading indicator for these measures.

3.2 Document how QA data and other as-built data are typically stored within a highway agency.

Include an assessment of how accessible this data is within the agency.

3.3 Document how the QA data elements (either individually or combined) relate to pavement performance. Include an assessment of how the QA data collected in year zero can effectively be incorporated within a highway agency’s PMS analysis process to give better insights into performance of as-built pavement and condition 1, 5, and 10 years into the future. In addition, document how the inclusion of QA data into a PMS analysis can improve return on investment analyses performed at the multi-year planning level.

Task – 4 Prepare Interim Report and Updated Work Plan

4.1 Submit an interim report that documents the information gathered in Tasks 2 and 3 along with an updated work plan on how this information will be used to carry out Tasks 5 and 6.

4.2 Revise the interim report and work plan as necessary to reflect FHWA comments. Resubmit to COR for review and acceptance in accordance with the schedule in Section F.5.

NOTE: The Contractor shall not commence work on Tasks 5 and 6 until receiving written authorization from the Contracting Officer’s Representative.

Task – 5 Develop Methodologies for Utilizing QA Performance Measure Data

5.1 Develop methodologies for agencies to incorporate QA data they routinely collect during construction within their PMS. The inclusion of the QA data into PMS should allow it to serve as a leading indicator and to complement systematic pavement performance monitoring for enhancing performance predictions for performance management and pavement investment decision processes. The methodologies shall consider how various QA data elements can best be incorporated in the pavement management performance models. This methodology shall also provide recommendations to enable increased access to this data by other parts of the highway agency.

5.2 Provide recommendations on whether possible changes to QA data elements or testing frequency could provide greater insight into long term pavement performance. These recommendations shall be supported with data and guidance.

Task – 6 Prepare Final Deliverables

6.1 Prepare a project report that documents the entire research effort. The report shall include development of a process to take advantage of the QA data for insight within a pavement management system.

6.2 Revise the project report as necessary to reflect FHWA comments. Resubmit to COR for review and acceptance in accordance with the schedule in Section F.5.

6.3 Develop a TechBrief and PowerPoint presentation that summarize the project findings and recommendations. A link with samples of the TechBrief format can be found at:

http://www.fhwa.dot.gov/research/publications/technical/

6.4 Revise the TechBrief and PowerPoint presentation as necessary to reflect FHWA comments.

Resubmit to COR for review and acceptance in accordance with the schedule in Section F.5.

6.5 Conduct a webinar, hosted by FHWA or Transportation Research Board (TRB), to present the PowerPoint presentation and disseminate the project findings and recommendations to Asset Management Engineers, Materials, QA, and Pavement Engineers from FHWA Division and State DOT. The web conference is estimated at 2 hours and 100 connections.

C.4 PROGRESS REPORTS

The Contractor shall submit progress reports to the COR and the Contract Specialist (CS). These reports shall be prepared on a quarterly basis and submitted by the 15th of the month following the reporting period. The reports shall be in format as directed by the COR and, at a minimum, include the following items:

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

(b) An outline of the work to be accomplished under each task during the next reporting period.

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

C.5 REQUIREMENTS FOR IMPLEMENTING SECTION 508 STANDARDS

The following applies to all FHWA Contracts issued on or after June 25, 2001, for Preparation of Technical reports or other documents that FHWA plans to post on a website.

In addition to the work requirements specified in this statement of work, vendors must ensure that all electronic documents that they prepare will meet the requirements of Section 508 of the Rehabilitation Act.

The act requires that all electronic products prepared for the Federal Government be accessible to persons with disabilities, including those with vision, hearing, cognitive, and mobility impairments. Vendors can view Section 508 of the Rehabilitation Act (http://www.access-board.gov/508.htm) and the Federal IT Accessibility Initiative (Home Page) (http://section508.gov/) for detailed information.

Applicable Standards:

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

______ 1194.21 Software applications and operating systems.

____X_ 1194.22 Web-based intranet and Internet information and applications.

______ 1194.23 Telecommunications products.

____X_ 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 Electronic and Information Technology (EIT) be compatible with such software and devices so that it can be made accessible, if so required by the agency, in the future.

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

Electronic documents with images:

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

Electronic documents with complex charts or data tables:

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

Electronic documents with forms:

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

SECTION D

PACKAGING AND MARKING

D.1 PACKAGING

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

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

SECTION E

INSPECTION AND ACCEPTANCE

E.1 ACCEPTANCE

Acceptance of the deliverables shall be made in writing by the Contracting Officer’s Representative (COR).

E.2 52.246-4 Inspection of Services - Fixed-Price. (AUG 1996)

SECTION F

DELIVERIES OR PERFORMANCE

F.1 PERIOD OF PERFORMANCE

All work and services required under this contract shall be completed on or before 24 months from the effective date of the Contract. There are no option periods.

F.2 PLACE OF DELIVERY

All deliverables, except the quarterly progress reports shall be delivered to the COR at the following address:

[to be provided at award]

The quarterly progress reports shall be delivered to COR and Contract Specialist at the following address:

[to be provided at award]

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 METHOD OF DELIVERY

All deliverables shall be submitted electronically and formatted as either Adobe Acrobat or one of the 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.5 DELIVERABLE/DELIVERY SUMMARY

Deliverable Notes Due date

Task 1 Kickoff Meeting Summary

Report 1 week from date of meeting

Task 4 Draft Interim Report and Work Plan for Tasks 5 and 6.

FHWA shall have 45 days to review and provide comments. Contractor shall have 15 days to revise based on those comments.

6 months after award

Task 4 Revised Interim Report and Work Plan for Tasks 5 and 6.

Responsive to all technical and editorial review comments.

8 months after award

Task 6 Draft Project Report FHWA shall have 45 days to review and provide comments. Contractor shall have 15 days to revise based on those comments.

90 calendar days prior to the contract completion date

Task 6 Draft TechBrief/PowerPoint FHWA shall have 20 days to review and provide comments. Contractor shall have 10 days to revise based on those comments.

60 calendar days prior to the contract completion date

Task 6 Final TechBrief/PowerPoint Responsive to all technical and editorial review comments.

30 calendar days prior to the contract completion date

Task 6 Final Project Report Responsive to all technical and editorial review comments.

30 calendar days prior to the contract completion date

Task 6 Webinar Hosted by FHWA or TRB 15 calendar days prior to the contract completion date

All Progress Reports See Section C.4. Quarterly by the 15th of the month following the quarter being reported.

F.6 52.242-15 Stop-Work Order. (AUG 1989)

F.7 52.247-34 F.o.b. Destination. (NOV 1991)

SECTION G

CONTRACT ADMINISTRATION DATA

G.1 PAYMENT – FIRM-FIXED-PRICE (CLINs 00001-00005)

For Firm-Fixed-Price CLINs 00001-00005, 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 by the COR.

G.2 PAYMENT – TIME-AND-MATERIALS (TRAVEL CLIN 00006)

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.3 and shall be billed at cost with no loading or fee.

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

G.3 TRAVEL AND PER DIEM

Travel (other than local) may be expected to occur throughout the duration of the contract. The Contractor shall coordinate travel plans with the COR as all travel requires the prior written approval of the COR.

The Contractor shall invoice in accordance with FAR 31.205-46 and the 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 (CO).

The following web site provides information on current Per Diem rates:

http://www.gsa.gov/portal/category/100120

G.4 INVOICES

All invoices and required supporting documents shall be sent via e-mail to the following e-mail address:

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

(a) Include the invoice as an attached PDF document

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

(1) Invoice No.

(2) Contract Number

(3) Name of your Company/Organization

(4) Attention: Contract Specialist Example: Invoice No. 35 – DTFH6114D00033 – Contractor Name – Attention: Contract Specialist

If the invoice and supporting documents exceed 8 MB as an e-mail attachment, the Contractor must select one of the other submission options presented below:

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

MMAC

FHWA/AMZ-150

6500 S. MacArthur Blvd Oklahoma City, OK 73169 Attention: Contract Specialist Express Delivery Point of Contact: Ryan Wisniewski, 405-954-8252

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

Federal Highway Administration Markview Processing P.O. Box 268865 Oklahoma City OK 73126-8865 Attention: Contract Specialist

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

G.5 CONTRACTING OFFICER’S REPRESENTATIVE (COR)

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

(b) The Contracting Officer shall designate a Contracting Officer’s Representative (COR) by written notice to the Contractor. The COR’s responsibilities shall include technical monitoring of the Contractor’s performance and inspecting and accepting deliveries under the contract.

The COR shall be appointed in writing, at which time ALL of the responsibilities of the COR shall be detailed, and a copy of the appointment memorandum shall be furnished to the Contractor. Any changes to the COR delegation shall be made in writing, either by changes to the existing memorandum, or by issuance of a new appointment memorandum. Copies of any changes shall be provided to the Contractor.

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

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

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

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

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

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

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

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

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

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

G.6 CONTRACTOR SUPERVISION

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

SECTION H

SPECIAL CONTRACT REQUIREMENTS

H.1 POST AWARD EVALUATION OF CONTRACTOR PERFORMANCE

Contractor Performance Evaluations

(a) Interim and final evaluations of Contractor performance will be prepared on this contract in accordance with FAR 42.1502 and TAM 1242.1502. The final performance evaluations will be prepared at the time of completion of work.

(b) The Contractor can elect to review the evaluation and submit additional information or a rebuttal statement. The Contractor will be permitted 30 calendar days to respond. Contractor response is voluntary.

If the Contractor does not respond within 30 days, the Government will presume that the Contractor has no comment. Any disagreement between the parties regarding an evaluation will be referred to an individual at a level above the Contracting Officer, whose decision is final.

(c) Copies of the evaluations, Contractor responses, and review comments, if any, will be retained as part of the contract file, and may be used to support future award decisions.

Federal Highway Administration utilizes the Contractor Performance Assessment Reporting System (CPARS) to record and maintain past performance information. CPARS hosts a suite of web-enabled applications that are used to document Contractor performance information that is required by Federal Regulations.

The CPARS module assesses performance on contracts for Systems, Services, Information Technology, and Operations Support. The Architect-Engineer Contract Administration Support System (ACASS) module assesses performance on Architect-Engineer contracts. The Construction Contractor Appraisal Support System (CCASS) module assesses performance on Construction contracts. CPARS reference material can be accessed at http://www.cpars.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.2 GOVERNMENT FURNISHED EQUIPMENT/INFORMATION/PROPERTY

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

H.3 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 Determined]

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.4 NON-PERSONAL SERVICES CONTRACT

This contract is a non-personal services contract as defined in the FAR at subpart 37.101. It is understood and agreed that the Contractor and/or Contractor’s employees and subcontractors: (1) shall perform the services specified herein as independent contractors, not as employees of the government; (2) shall be responsible for their own management and administration of the work required and bear sole responsibility for complying with any and all technical, schedule, or financial requirements or constraints attendant to the performance of this contract; (3) shall be free from supervision or control by any government employee with respect to the manner or method of performance of the services specified; but (4) shall, pursuant to the government’s right and obligation to inspect, accept or reject the work, comply with such general direction of the Contracting Officer, or the duly authorized representative of the Contracting Officer, as is necessary to ensure accomplishment of the contract objectives.

H.5 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.6 RIGHTS TO DATA/WORKS

The Government is granted unrestricted, unlimited rights to all data and works, regardless of form, produced under this contract.

SECTION I

CONTRACT CLAUSES

I.1 FEDERAL ACQUISITION REGULATION (FAR) CLAUSES

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)

52.204-19 Incorporation by Reference of Representations and Certifications. (DEC 2014)

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

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters. (JUL 2013)

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations. (DEC 2014)

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)

52.217-8 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.

(End of clause)

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 30 months.

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

52.219-9 Small Business Subcontracting Plan. (OCT 2014)

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

(a) Definitions. As used in this clause-

Long-term contract means a contract of more than five years in duration, including options.

However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.

Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause. Such a concern is "not dominant in its field of operation" when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity.

(b) If the Contractor represented that it was a small business concern prior to award of this contract, the Contractor shall rerepresent its size status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon the occurrence of any of the following:

(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.

(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.

(3) For long-term contracts-

(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and

(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.

(c) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code assigned to this contract. The small business size standard corresponding to this NAICS code can be found at http://www.sba.gov/content/table-small-business-size-standards.

(d) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees.

(e) Except as provided in paragraph (g) of this clause, the Contractor shall make the representation required by paragraph (b) of this clause by validating or updating all its representations in the Reprensentations and Certifications section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause that the data have been validated or updated, and provide the date of the validation or update.

(f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this clause.

(g) If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:

The Contractor represents that it ___ is, ___ is not a small business concern under NAICS Code 541330 assigned to contract number [To Be Determined]. (Contractor to sign and date and insert authorized signer's name and title).

52.222-3 Convict Labor. (JUN 2003)

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

52.222-26 Equal Opportunity. (MAR 2007)

52.222-35 Equal Opportunity for Veterans. (JUL 2014)

52.222-36 Equal Opportunity for Workers with Disabilities. (JUL 2014)

52.222-37 Employment Reports on Veterans. (JUL 2014)

52.222-40 Notification of Employee Rights Under the National Labor Relations Act. (DEC 2010)

52.222-50 Combating Trafficking in Persons. (MAR 2015)

52.222-54 Employment Eligibility Verification. (AUG 2013)

52.223-1 Biobased Product Certification. (MAY 2012)

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)

52.227-11 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)

52.232-11 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 Payments to Small Business Subcontractors. (DEC 2013)

52.233-1 Disputes. (MAY 2014)

52.233-3 Protest after Award. (AUG 1996)

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

52.242-13 Bankruptcy. (JUL 1995)

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

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

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

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

52.248-1 Value Engineering. (OCT 2010)

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)

52.251-1 Government Supply Sources. (APR 2012)

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.

52.253-1 Computer Generated Forms. (JAN 1991)

I.2 TRANSPORTATION ACQUISITION REGULATION (TAR) CLAUSES

1252.223-73 Seat Belt Use Policies and Programs. (APR 2000)

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

1252.237-73 Key Personnel. (APR 2005)

(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

SECTION J

LIST OF ATTACHMENTS

Attachment Number

Attachment Title Number of Pages

J.1 Standard Form LLL 2 J.2 Optional Form 17, Offer Label 1 J.3 Small Business Subcontracting

Plan

SECTION K

REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF OFFERORS OR

RESPONDENTS

K.1 FEDERAL PROCUREMENT DATA

Provide the information requested below:

a. DUNS Number:

b. Taxpayer Identification Number:

c. Home Office Congressional District:

d. Business size & type [e.g. HUBZone, SDVOSB, WOSB etc.]:

K.2 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS. (DEC 2014)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 541330.

(2) The small business size standard is $15 million.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the provision at 52.204-7 is not included in this solicitation, and the offeror is currently registered in the System for Award Management (SAM), and has completed the Representations and Certifications section of SAM electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:

[] (i) Paragraph (d) applies.

[] (ii) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c)(1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless-

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include provision at 52.204-7, System for Award Management.

(iv) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that-

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(v) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations-Representation.

(vi) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(vii) 52.214-14, Place of Performance-Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(viii) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(ix) 52.219-1, Small Business Program Representations (Basic & Alternate I).

This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(x) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

(xi) 52.222-22, Previous Contracts and Compliance Reports.