DTFH6115R00027.pdf

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. ACKNOWLEDGEMENT OF AMENDMENTS

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

AMENDMENT NO. DATE AMENDMENT NO. DATE

15A. NAME AND

ADDRESS

OF

OFFEROR

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

(Type or print)

15B. TELEPHONE NUMBER 15C. CHECK IF REMITTANCE ADDRESS

IS DIFFERENT FROM ABOVE - ENTER

SUCH ADDRESS IN SCHEDULE.

17. SIGNATURE 18. OFFER DATE

AREA CODE NUMBER EXT.

SOLICITATION, OFFER AND AWARD

1. THIS CONTRACT IS A RATED

ORDER UNDER DPAS (15 CFR 700)

RATING PAGE OF PAGES

1 38

2. CONTRACT NUMBER 3. SOLICITATION NUMBER

DTFH6115R00027

4. TYPE OF SOLICITATION

SEALED BID (IFB)

X NEGOTIATED (RFP)

5. DATE ISSUED

H

6. REQUISITION/PURCHASE NUMBER

RDI-41-20-15012

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

FEDERAL HIGHWAY ADMINISTRATION

OFFICE OF ACQUISITION & GRANTS MGMT

OFFICE OF CONTRACTING OPERATIONS - TEAM B

1200 NEW JERSEY AVENUE, SE

WASHINGTON DC 20590

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

SOLICITATION

9. Sealed offers in original and

See Section L (6 copies and 2 CDs) copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if hand carried, in the depository located in 1200 New Jersey Avenue, SE, E65-101 until 12:30 PM ES local time (Hour)

July 9, 2015

(Date)

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.

10. FOR

INFORMATION

CALL:

A. NAME

Guang Y. Zeng

B. TELEPHONE (NO COLLECT CALLS) C. E-MAIL ADDRESS

Guang.Zeng@dot.gov AREA CODE

NUMBER

366-5503

EXT.

11. TABLE OF CONTENTS

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

PART I - THE SCHEDULE PART II - CONTRACT CLAUSES

X A SOLICITATION/CONTRACT FORM 1 X I CONTRACT CLAUSES 18

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

X C DESCRIPTION/SPECS./WORK STATEMENT 3 X J LIST OF ATTACHMENTS 24

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

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

OTHER STATEMENTS OF OFFERORS

X F DELIVERIES OR PERFORMANCE 9

X G CONTRACT ADMINISTRATION DATA 11 X L INSTRS., CONDS., AND NOTICES TO OFFERORS 30

X H SPECIAL CONTRACT REQUIREMENTS 15 M EVALUATION FACTORS FOR AWARD 36 X

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 1 2 0 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.

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.

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition is unusable

STANDARD FORM 33 (Rev. 9-97) Prescribed by GSA - FAR (48 CFR) 53.214(c)

FAR (48 CFR) 53.110

mailto:Guang.Zeng@dot.gov

SECTION B

Supplies or Services/Prices

B.1 FIXED PRICE

The Contractor shall furnish all equipment, travel, materials and personnel necessary to provide the Federal Highway Administration (FHWA) with non-personal technical support for “Identification of Effective Next Generation Pavement Performance Measures and Asset Management Methodologies to Support MAP-21 Performance Management Requirements”, as described in Section C below.

This is a Firm-Fixed Price (FFP) contract.

B.2 FIRM FIXED PRICE

The total amount for the performance of this FFP contract is as follows:

CLIN Description Amount 00001 Task 1.4.1: Identify or conceptually develop more strategic pavement performance measure(s)

00002 Task 1.4.2: Identify, or conceptually develop, methodologies to enable full implementation of comprehensive asset management plan

00003 Task 1.4.3: Develop work plans for future FHWA projects to validate Task 1 and Task 2 outcomes

00004 Task 1.4.4: Develop and submit a final report to document the entire research effort.

TOTAL

SECION C

Description/Specifications

C.1 BACKGROUND

Section 1203 of the Moving Ahead for Progress in the 21st Century Act (MAP-21)i declared that performance management will transform the Federal-aid highway program and refocus it on national transportation goals, increase accountability and transparency of the Federal-aid highway program, and improve project decision making through performance-based planning and programming. Section 1203 of MAP-21 identifies national transportation goals and requires the Secretary to develop regulations to establish performance measures and standards in specified Federal-aid highway program areas. The FHWA is required to establish measures through rulemaking to assess performance in 12 areas, two of which involves pavement – pavement condition on the Interstate system and non-Interstate National Highway System (NHS).

The need to develop a rulemaking in 18 months for performance measures is spelled out in MAP-21. This has necessitated the initial rulemaking to be focused on measures that are currently available, although it has also been recognized (as described in the Infrastructure Condition Performance Measures Notice of Proposed Rulemaking (NPRM)ii) that in the area of pavements, there is a need to identify and integrate more strategic next-generation measures in addition to surface condition measures to better align performance management to enhanced long term performance.

Section 1106 of MAP-21 requires States to develop an asset management plan and also requires the Secretary to establish the process and requirements for a State asset management plan. The process that FHWA proposes for the development of a State asset management plan is described in the Risk-Based Asset Management Plan NPRMiii. The asset management is meant to be a performance driven plan that “…shall include strategies leading to a program of projects that would make progress toward achievement of the State targets for asset condition and performance of the National Highway System in accordance with section 150(d) and supporting the progress toward the achievement of the national goals identified in section 150(b).”

FHWA considers the implementation of MAP-21 performance management requirements as an opportunity to support and strengthen good, results-oriented, investment decisions that will maximize the return of the public investment in our transportation system.

Successful implementation of a comprehensive asset management plan, including trade-off analysis from a common ground among disparate assets that are traditionally individually assessed and managed, is essential to facilitate this opportunity to fruition.

C.2 CONTRACT SCOPE

The study involves

1) The identification or conceptual development of more strategic pavement performance measure(s) that can be used to effectively and timely assess that investments are made to “…maintain the highway infrastructure asset system in a state of good repair” as it relates to pavement assets. USDOT TIGER II Guidance issued in 2010 by the Department of Transportation, Office of the Secretary, under Docket No.

DOT–OST–2010–0076 defined the State of Good Repair (SGR) as “improving the condition of existing transportation facilities and systems, with particular emphasis on projects that minimize life‐cycle costs.”

The initial set of pavement performance measures in support of MAP-21 performance management requirements are focused on measures that are currently available. While these measures provide a clear picture of the current pavement condition and the level of service (LOS) being provided to the road users, they do not offer sufficient insight into long term performance or what investments are made to minimize life‐cycle costs while achieving the desired LOS. This is due to the fact that the current measures are tactical and reactive - that they are lagging indicators of the investments already made. To effectively assess that pavements are maintained in a state of good repair, it is necessary to assess not only current pavement condition but also that they are being achieved at minimum practicable cost over the lifecycle. The more strategic pavement performance measure(s) to be identified in this effort shall fill this gap. As such, this effort is focused on potential performance measures that may provide insights in to long term performance and that investments are made to minimize life‐cycle costs while achieving the desired LOS. The potential measures may include, but not necessarily limited to, assessment of paving project programming and prioritization process and planned or need versus accomplished projects.

2) The identification or conceptual development methodologies to enable full implementation of comprehensive asset management, including trade-off analysis from a common ground among disparate assets that are traditionally individually assessed and managed. Section 1106 of MAP-21 defines asset management “a strategic and systematic process of operating, maintaining, and improving physical assets, with a focus on both engineering and economic analysis based upon quality information, to identify a structured sequence of maintenance, preservation, repair, rehabilitation, and replacement actions that will achieve and sustain a desired state of good repair over the lifecycle of the assets at minimum practicable cost.’’

MAP-21 requires the development of a “risk-based asset management plan for the National Highway System to improve or preserve the condition of the assets and the performance of the system” as a means to achieve the national performance goals. Specifically, it is noted that the asset management plan to “include strategies leading to a program of projects that would make progress toward achievement of the State targets for asset condition and performance of the National Highway System in accordance with section 150(d) and supporting the progress toward the achievement of the national goals identified in section 150(b).” In developing the strategies that drive the selection of a program of projects two key points are to be considered:

• Transportation funding is limited, so we must maximize the return on the investment of the public dollars entrusted to transportation agencies and planning organizations.

• Better decisions, made with the overall system performance in mind, will result in the best

“mix” of investments that will collectively maximize the performance gains of the system.

This requires that the selection of a program of projects result in the best “mix” of investments that will collectively maximize the performance gains of the system over the lifecycle or analysis horizon. This effort will build upon the findings from recently completed NCHRP project – NCHRP 08-91 “NCHRP 08-91 Cross-Asset Resource Allocation and the Impact on System Performance”iv – and identify or conceptually develop methodologies to enable full implementation of a comprehensive asset management plan, including trade-off analysis from a common ground among disparate assets that are traditionally individually assessed and managed. It is noted that NCHRP 08-91 as well as efforts at other leading State Highway Agencies implementing comprehensive asset management, including cross-asset resource allocation based on trade-off analysis and their impact of system performance, begin their trade-off analysis on a prioritized list of projects (needs) developed from individual asset management systems (AMS) and uses economic indicators (benefits to costs of each prioritized project) and other constraints in identifying a list of projects that maximize system benefits or performance.

However, the cross-asset resource allocation trade-off analysis does not include a feedback loop to and from the individual asset management system and hence, while the trade-off analysis captures lost benefits in delaying a project recommended by the individual AMS, it doesn’t or inadequately captures the cost of delaying a project and often the risk of dramatically increased project cost of delayed action.

It is anticipated that this effort will also include ways to overcome this deficiency.

The scope of this effort is limited to identification or conceptual development only. Development, validation and pilot implementation of promising concept(s), if any, will be pursued in a follow-on effort. It is also envisioned that there may be multiple approaches that may merit consideration and that some may draw from approaches in use outside transportation and from international experience. FHWA will award zero, one, or multiple awards for this effort based on the quality, comprehensiveness and distinctness of proposals and implementation plans and use some of all of the most promising approaches from these efforts in follow-on validation and implementation activities.

C.3 OBJECTIVE

The primary objectives of this Contract are to:

1. Identify, or conceptually develop, more strategic pavement performance measures, and their means of collection, in order to strengthen performance management and better link investments to long term performance. Consideration shall include how the data supporting the next generation method would be collected, analyzed, and presented and the potential costs and benefits of using this type of performance measure.

2. Identify, or conceptually develop, methodologies to enable full implementation of a comprehensive asset management plan, including trade-off analysis from a common ground among disparate assets that are traditionally individually assessed and managed.

C.4 DETAILED REQUIREMENT

The Contractor shall perform the following tasks:

Task C.4.1: Identify or conceptually develop more strategic pavement performance measure(s) Identify or conceptually develop more strategic pavement performance measure(s) that could reliably serve as leading indicators of long term pavement performance and for ascertaining that desired LOS is being achieved at minimum practicable cost over the lifecycle. In identifying or conceptually developing such measures, careful consideration shall be given to State Highway Agency (SHA) state-of-the-practice pavement management data collection, decision making and business practices, supplemented with advances in data collection technology and pavement engineering. Consideration shall also include value added to not only the national performance management goals but also SHAs’ decision making effectiveness. The effort shall describe the Contractor’s vision of how data supporting the pavement performance measure(s) would be collected, analyzed, and presented and shall include documentation of the potential costs and benefits of using this type of performance measure.

Task C.4.2: Identify, or conceptually develop, methodologies to enable full implementation of a comprehensive asset management plan Identify or conceptually develop methodologies to enable full implementation of a comprehensive asset management plan, including trade-off analysis from a common ground among disparate assets that are traditionally individually assessed and managed. This task shall build upon the findings from recently completed NCHRP project – NCHRP 08-91 “NCHRP 08-91 Cross-Asset Resource Allocation and the Impact on System Performance”v – but shall consider the consequence of delaying a project recommended by the pertinent individual asset management system (for example, PMS or BMS) during the trade-off-analysis under constrained resources and the potential risk of dramatically increased project cost of the delayed action. In developing these methodologies the Contractor shall consider at least three assets – pavements, bridges and one other asset - and maximizing performance gains in both the national performance measures proposed in the Infrastructure Condition Performance Measures NPRM for these assets as well as those that provide insight into that they are being achieved at minimum practicable cost over the lifecycle, including the strategic pavement performance measure(s) developed in Task 1 for pavements.

Task C.4.3: Develop work plans for future FHWA projects to validate Task 1 and Task 2 outcomes The contractor shall develop two separate and independent work plans to validate or further develop and validate 1) the conceptual strategic pavement performance measure(s) developed in Task 1 and 2) the methodologies to guide full implementation of the comprehensive asset management plan developed in Task

2. The work plan(s) shall be sufficiently detailed so that, if merited, can serve as the work plan(s) for one or more follow-on projects by FHWA. Note, FHWA may have concurrent efforts to develop these work plans and may use all or part of a work plan in future competitively awarded projects.

Task C.4.4: Develop and submit a final report to document the entire research effort.

The Contractor shall prepare a final report documenting the work performed, findings, conclusions and recommendations, and work plans for further development and validation of the concepts developed in Tasks 1 and 2. Figures and tables shall be used, when appropriate, to represent the major findings or illustrate the key points.1

C.5 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 10th 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 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.

References:

1 https://www.fhwa.dot.gov/map21/legislation.cfm 2 http://www.regulations.gov/#!documentDetail;D=FHWA-2013-0053-0001 3 http://www.regulations.gov/#!docketDetail;D=FHWA-2013-0052 4 http://apps.trb.org/cmsfeed/TRBNetProjectDisplay.asp?ProjectID=3398 https://www.fhwa.dot.gov/map21/legislation.cfm http://www.regulations.gov/#!documentDetail;D=FHWA-2013-0053-0001 http://www.regulations.gov/#!docketDetail;D=FHWA-2013-0052 http://apps.trb.org/cmsfeed/TRBNetProjectDisplay.asp?ProjectID=3398

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, Task Order number (if applicable), and as appropriate the item identification, quantity of items, and notice of partial or final delivery.

SECTION E

Inspection and Acceptance

E.1 CLAUSES INCORPORATED BY REFERENCE

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

E.2 INSPECTION AND ACCEPTANCE

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

E.3 ACCEPTANCE CRITERIA

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

E.4 GOVERNMENT ACCEPTANCE PERIOD

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

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

SECTION F

Deliveries or Performance

F.1 PERIOD OF PERFORMANCE

The period of performance for this contract is 12 months beginning on the effective date of the contract.

F.2 DELIVERABLE/DELIVERY SUMMARY

This technical exhibit lists any reports or documentation that is required as a deliverable to include the frequency, # of copies, medium/format and who/where it is to be submitted. A deliverable is anything that can be physically delivered but may include non-physical things such as meeting minutes.

Deliverable Frequency # of Copies Medium/

Format Submit To Quarterly progress reports (QPR)

SOW Section 1.4

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

One (1) electronic copy

Electronic copy in MS Word format

COR by e-mail

Draft final report documenting all relevant concepts, methodologies, including two separate and independent work plans for Tasks 1.4.1 and 1.4.2, respectively.

SOW Section 1.4.1, 1.4.2, 1.4.3, 1.4.4

90 days before the contract end date

One (1) electronic copy

Electronic copy in MS Word format, any supporting data in MS Excel format

COR by e-mail

Second draft final report SOW Section 1.4.4

30 days before the contract end date

One (1) electronic copy

Electronic copy in MS Word format, any supporting data in MS Excel format

COR by e-mail

Final report SOW Section 1.4.4

5 days before the contract end date

One (1) electronic copy

Electronic copy in MS Word format, any supporting data in MS Excel format

COR by e-mail

F.3 PLACE OF PERFORMANCE

Unless otherwise specified in Section C, work performed under this contract shall be performed at contractor’s place.

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

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

SECTION G

Contract Administration Data

G.1 PAYMENT- (FFP)

Payment will be made after FHWA’s acceptance in writing, of the deliverables and receipt of a proper invoice.

G.2 SUBCONTRACTS – ADVANCE NOTIFICATION AND CONSENT

Under this contract, the requirement of FAR 44.2, Consent to Subcontracts, has been fulfilled for the following subcontracts:

(a) [APPROVEDSUBCONTRACTORNAME]

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

G.3 INVOICES

Submit all invoices to one of the following invoice addresses:

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

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

(a) Include the invoice as an attached PDF document

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

(1) Invoice No.

(2) Contract Number

(3) Name of your Company/Organization

(4) Attention: Contract Specialist

Example: Invoice No. 35 – DTFH6115C00033 – 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.4 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.5 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 REQUIREMENTS FOR IMPLEMENTING SECTION 508 STANDARDS

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

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

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

Applicable Standards:

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

____X_ 1194.21 Software applications and operating systems.

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

____ 1194.23 Telecommunications products.

____ _ 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.

H.2 POST AWARD EVALUATION OF CONTRACTOR PERFORMANCE

Contractor Performance Evaluations

a. Interim and final evaluations of Contractor performance will be prepared on this contract in accordance with FAR 42.1503 and TAM 1242.1503. The final performance evaluations will be prepared at the time of completion of work.

b. The Contractor can elect to review the evaluation and submit additional information or a rebuttal statement. The Contractor will be permitted 30 calendar days to respond. Contractor response is voluntary. If the Contractor does not respond within 30 days, the Government will presume that the Contractor has no comment. Any disagreement between the parties regarding an evaluation will be referred to an individual at a level above the Contracting Officer, whose decision is final.

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

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

The CPARS module assesses performance on contracts for Systems, Services, Information Technology, and Operations Support, Architect-Engineer contracts and performance on Construction contracts.

CPARS reference material can be accessed at http://www.cpars.csd.disa.mil/cparsfiles/cpars/refmatl.htm.

The registration process requires the Contractor to identify an individual that will serve as a primary contact. This individual will be authorized access to the evaluation for review and comment. In addition, the Contractor is encouraged to identify a secondary contact in the event the primary contact is unavailable to process the evaluation within the required 30-day time period. After the FHWA Contract Specialist registers the contract in CPARS, the Contractor will receive a system generated e-mail notifying him/her that the contract is registered. A system generated e-mail will also provide the Contractor with a User ID if the person does not already have a CPARS User ID.

Once a performance evaluation has been prepared and is ready for comment, the Contractor representative will receive a system generated e-mail notification that the performance evaluation is electronically available for review and comment. The Contractor representative will receive an automated e-mail whenever an assessment is completed and can subsequently retrieve the completed assessment from

CPARS.

Contractors may access evaluations at www.cpars.csd.disa.mil for review and comment in CPARS.

H.3 GOVERNMENT FURNISHED OR CONTRACTOR ACQUIRED PROPERTY

Equipment provided by the Government or acquired by the Contractor for the performance of work under this contract shall be maintained and accounted for in accordance with the provisions of FAR Part 45. At the conclusion of the contract, all equipment provided by the Government to the Contractor shall be returned to the Government in the same condition as when provided to the Contractor, less normal wear and tear. The Contractor is responsible for transporting all equipment to FHWA, F.O.B Destination, at the conclusion of http://www.cpars.csd.disa.mil/ the contract.

H.4 PROTECTION OF INFORMATION

(a) It is anticipated that in performance of this contract, the Contractor through its employees may have access to, or be in receipt of, certain confidential and proprietary information of Government Contractors, and/or data relating to FHWA's plans, programs, technical requirements, budgetary matters, and such other information, the disclosure of which may give the Contractor a competitive advantage or be adverse to the interests of the Government. The Contractor shall not disclose such information acquired to anyone, other than the Government, including Contractor’s other employees, without the prior written consent of the Contracting Officer.

(b) To the extent that the work under this contract requires access to proprietary, business confidential, or financial data of other companies, and provided such data is marked “Proprietary and Confidential,” the Contractor shall protect such information from unauthorized use and disclosure and agrees not to use it to compete against such companies.

(c) For these purposes, “Proprietary and Confidential” information shall mean any information reasonably so designated that is not generally available to the public; but not information that becomes available on a non-confidential basis from another source, or was known to Contractor on a non-confidential basis prior to its disclosure to Contractor in the performance of this contract.

(d) The Contractor shall include the substance of this confidentiality agreement in all subcontracts and Consultant agreements for performance of work under this contract unless excused in writing by the Contracting Officer.

H.5 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.6 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. 7 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.8 RIGHTS TO DATA

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

SECTION I

Contract 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)

52.203-13 Contractor Code of Business Ethics and Conduct. (APR 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)

52.204-18 Commercial and Government Entity Code Maintenance. (NOV 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)

52.210-1 Market Research. (APR 2011)

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

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

52.215-11 Price Reduction for Defective Certified Cost or Pricing Data - Modifications. (AUG 2011)

52.215-13 Subcontractor Certified Cost or Pricing Data - Modifications. (OCT 2010)

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)

52.215-19 Notification of Ownership Changes. (OCT 1997)

52.215-21 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data - Modifications. (OCT 2010)

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 30 days.

(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 10 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 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 18 months.

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

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

52.222-17 Nondisplacement of Qualified Workers. (MAY 2014)

52.222-21 Prohibition of Segregated Facilities. (APR 2015)

52.222-26 Equal Opportunity. (APR 2015)

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)

52.222-41 Service Contract Labor Standards. (MAY 2014)

52.222-43 Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts). (MAY 2014)

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

52.222-54 Employment Eligibility Verification. (AUG 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)

52.227-14 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)

52.232-8 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)

52.244-6 Subcontracts for Commercial Items. (APR 2015)

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)

52.249-8 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/these address(es): [Insert one or more Internet addresses]

52.252-6 Authorized Deviations in Clauses. (APR 1984)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR 12) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.

(b) The use in this solicitation or contract of any Transportation Acquisition Regulation (48 CFR12) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

52.253-1 Computer Generated Forms. (JAN 1991)

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

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

1252.245-70 Government Property Reports. (OCT 1994)

(a) The Contractor shall prepare an annual report of Government property in its possession and the possession of its subcontractors.

(b) The report shall be submitted to the Contracting…