Posted_RFP.pdf

DTFH6116R00009

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 63

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.

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J

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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

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G

F

E

D

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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

1200 NEW JERSEY AVENUE, SE

WASHINGTON DC 20590

12:30PM ES

Guang Y. Zeng 202 Guang.Zeng@dot.gov

366-5503

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PAGE(S)

Tiffany A. Youther

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition is unusable

STANDARD FORM 33 (Rev. 9-97)

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

See Section L.4

03/17/2016

04/18/2016

HRDI415016002

This requirement is being solicited as a total small business set-aside.

Guang.Zeng Typewritten Text 1200 New Jersey Ave, SE, E62-204

Guang.Zeng Typewritten Text

Guang.Zeng Typewritten Text

Guang.Zeng Typewritten Text

Guang.Zeng Typewritten Text

SECTION B

Supplies or Services/Prices

B.1 INDEFINITE DELIVERY/INDEFINITE QUANTITY (ID/IQ) MINIMUM AND

MAXIMUM CONTRACT AMOUNTS

During the term of the contract, the Government shall place orders totaling a minimum of $25,000. The maximum amount of all task orders issued against all contracts awarded as a result of this acquisition shall not exceed a ceiling of $12,000,000.

B.2 TYPES OF TASK ORDERS

Firm fixed price and/or time and material task orders will be issued under this ID/IQ contract.

B.3 SCHEDULE OF RATES

See Attachment J.2. The unit of issue (rates) is the fully burdened fixed price hourly rate.

B.4 LABOR CATEGORIES

Labor skill sets governing this contract shall conform to the descriptions herein and listed in Section J.1. The Contractor shall provide staffing that meet the minimum qualifications stated and required as task orders are issued.

SECTION C

Description/Specifications

C.1 BACKGROUND

The J. Sterling Jones Hydraulics Laboratory (the Laboratory) is a part of the Hydraulics Research Program of the Federal Highway Administration (FHWA) Office of Infrastructure R&D, Bridge and Foundation Engineering Research Team, and is responsible for research related to impacts of flooding on highway infrastructure. One major impact of flooding is bridge scour. Bridge scour is the leading cause of bridge failures (approximately 25 to 30 bridges per year) in the U.S. Thousands of bridges are listed as “scour critical” in the NBIS. As a response FHWA’s scour design methods are overly conservative, because of the numerous uncertainties associated with scour design. More research is needed to better understand bridge scour and to develop improved scour design tools for practitioners. The Hydraulics Research Program is a part of the National Hydraulics Program and coordinates its research with the National Hydraulics Team. The Laboratory has conducted research on bridge scour and other phenomena causing hydraulic failures for more than 30 years. The Laboratory is a state of the art research facility, with instrumentation, experimental testing equipment and Computational Fluid Dynamics (CFD) capabilities that has improved significantly over the past several years. In the past, the Laboratory has been used to solve stream stability problems, develop design standards for bridges that may become submerged in high flood risk areas, and develop design standards to prevent or combat the effects of scour for bridge foundations and submerged bridge decks. The Laboratory continues to provide the means and the experience to conduct experiments and CFD modeling on a variety of issues involving water flow at or near the nation’s bridges. The FHWA Office of Infrastructure R&D, Bridge and Foundation Engineering Research Team, seeks to solicit a new contract to provide non-personal technical, engineering, and scientific support services for the J. Sterling Jones Hydraulics Laboratory at the FHWA's Turner Fairbank Highway Research Center (TFHRC), located in McLean, Virginia.

C.2 CONTRACT SCOPE

The Contractor shall provide engineers, technicians, scientists, and other personnel to assist FHWA engineers in the operation of the J. Sterling Jones Hydraulics Laboratory conducting research studies to support the national hydraulics functional areas. In some cases, the Contractor's personnel will be responsible for planning and conducting special studies.

The exact nature and extent of the Contractor's work under this contract shall be based on a Task Order Proposal Request (TOPR) developed by FHWA and negotiated by representatives of the FHWA and the Contractor.

At any specific time the Contractor may be involved in one or more task order(s), depending on the needs of the FHWA and available funds.

C.3 OBJECTIVE

The objective of this indefinite delivery/indefinite quantity contract is to obtain the services of technicians, engineers and scientists to provide support services to the J. Sterling Jones Hydraulics Laboratory at the FHWA's Turner-Fairbank Highway Research Center.

C.4 DETAILED REQUIREMENT

The following describes the type of work and/or services to be provided by the Contractor to accomplish the contract objective.

A. Types of work to be accomplished:

1. Design, setup and conduct experiments using the Multifunctional Flume System

(MFS).

2. Maintain all components (structural, hydraulic and mechanical components, channel sections, sediment recirculation system and instrumentation) of the Multifunctional Flume System (MFS).

3. Design, setup and conduct experiments in the Force Balance Flume.

4. Maintain all components of the Force Balance Flume.

5. Improve, operate and maintain the Laboratory’s In-situ Scour Testing Device (ISTD) including the laboratory drill rig.

6. Collaborate with other agencies to conduct field test with the ISTD.

7. Improve, operate and maintain the Laboratory’s Ex-situ Scour Testing Device (ESTD) including the direct shear stress sensor.

8. Improve, operate and maintain the Laboratory’s lab-ISTD including all soil sample preparation equipment.

9. Design, fabricate, and assemble experimental set-ups and special test apparatuses as needed.

10. Design, fabricate and assemble models for hydraulic/sediment transport/bridge scour tests as needed.

11. Instrument, automate and control experimental set-up’s and special test apparatus as needed.

12. Improve the Laboratory’s data and image acquisition/collection using advanced robotics and 3D printing capabilities.

13. Operate, advance and maintain the Laboratory’s Particle Image Velocimetry (PIV) system including lasers and high speed cameras.

14. Advance the Laboratory’s flow visualization and flow diagnostics capabilities (e.g.

Time resolved PIV and Volumetric PIV).

15. Install, operate, calibrate and maintain all laboratory sensors (e.g. ultra sonic sensors, laser distance sensors, Acoustic Doppler Velocimetry (ADV), Ultrasonic Doppler Velocimetry (UDV), shear stress sensors, pressure sensors, accelerometers, strain gages and load cells).

16. Maintain all other and new experimental set-up in the laboratory including sensors, pumps, robots and flow visualization tools.

17. Program and operate a variety of sophisticated data acquisition equipment (such as:

National Instruments PXI and PCI systems, National Instruments CompactRIO systems, LabVIEW operating software, etc.)

18. Collect experimental and field data and reduce it into standard engineering form.

19. Perform High Performance Computational Fluid Dynamics (CFD)/Computational Structural Mechanics (CSM) modeling.

20. Assist designing and constructing a new laboratory in-plant office.

21. General laboratory support including:

Communication and Outreach

• Updating the hydraulics research website in coordination with HRTM (Office of

Corporate Research, Technology, and Innovation Management)

• Writing research reports documenting test and research activities

• Preparing reports that are coordinated with HRTM and preparing journal papers and other publications

• Organizing, coordinating and attending workshops/conferences/training

• Preparing research briefing materials (PowerPoint Slides) for meetings, conferences, newsletters and other presentations

• Preparing for and providing laboratory tours

Technical Assistance

• Conducting quick turn-around CFD/CSM/physical experiments and data analysis to provide technical support to our customers and to determine the need for more detailed experiments

• Providing technical assistance to our customers on highway hydraulics related issues

• Planning, organizing, and managing technical meetings as needed

• Participating in conference calls as needed

• Processing emails, initiating and responding as needed

Laboratory and Database Management

• Managing, organizing, and maintaining laboratory and field test data

• Maintaining laboratory test records, compiling test results

• Developing new software and documentation as needed

• Performing maintenance on computer programs and program documentation

• Maintaining and advancing the laboratory IT structure including laboratory network and computers

• Maintaining and advancing the laboratory CFD capabilities including special computer screens for flow visualization

• Maintaining and updating the laboratory’s equipment inventory

• Identifying and purchasing materials/electronic parts/instrumentation and equipment as needed.

• Picking up supplies and getting telephone pricing information for credit card orders

• Coordinating with other support service groups for repairs, fabrication and interfacing electronics

• Replacing malfunctioning laboratory equipment

• Ensuring the laboratory is free from dust and debris and the laboratory floor is regularly painted and free from scratches and visible wear

• Maintaining, keeping organized and clean the laboratories machine shop and electronics lab located in the laboratory extension

• Maintaining the laboratory sumps including regular filter and water change

22. Provide ad-hoc mechatronic support to other Laboratories at THFRC

B. Research projects for the following functional areas on which the Contractor shall provide services:

1. Hydrology and Climate Change

• Impacts of climate change on stream stability

• Incorporating future changes in precipitation patterns into the highway design process

• Sensitivity of riverine and coastal infrastructure to climate and extreme events

2. Highway Drainage

• Research and develop models and information concerning the behavior of urban, roadside, and bridge deck drainage systems.

• Development of CFD models to rapidly assess highway drainage issues and develop new design guide recommendations.

3. Culvert Hydraulics

• Development of CFD models to research and improve inlet/outlets and energy dissipators

• Research potential for siltation and abrasion of the culvert barrel

• Research inlet and outlet protection for scour control and debris control

• Research any necessary Aquatic Organism Passage (AOP) criteria

4. Bridge Hydraulics

• Development of CFD models to support and to improve 2D modeling for analysis and design of bridge crossings

• Research hydrodynamic loads on bridge structures

• Development of rapid tools to incorporate sonar scan bathymetries into CFD models for analysis and design of bridge crossings

5. Scour, Stream Stability, and Countermeasures

• Development of the next generation of bridge scour design based on hydraulic loading and soil resistance

• Maintaining and improving scour design methodologies in HEC-18 “Evaluating

Scour at Bridges Fifth Edition”

• Development of buried scour protection (e.g. riprap) design for bridge foundations

• Maintaining and improving scour countermeasure design methodologies in

HEC-23 “Bridge Scour and Stream Instability Countermeasures Experience, Selection, and Design Guidance Third Edition, Volume 1 and Volume 2”

• Development of CFD/CSM models to develop new design guidelines scour/erosion protection for inland highways

6. Coastal Highways

• Research the impacts of climate change and extreme events

• Development of CFD models to estimate hurricane wave and tsunami loads for bridges

• Development of CFD/CSM models to develop new design guidelines for scour/erosion protection for coastal highways

7. Multi-hazard mitigation research for combined hazards from floods, seismic and wind events

• Development of CFD/CSM models to explore and demonstrate the combined hazards from flood, seismic and wind events.

C.5 CONTRACT LEVEL DELIVERABLES

C.5.1 ID/IQ Progress Reports

The Contractor shall submit a quarterly progress report by the 10th of the month following the reporting period. The report shall provide at a minimum:

(a) Clear and complete account of the work performed under each task order 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 individual Task Order within the time and fiscal constraints as set forth in the Task Orders, together with recommended solutions to such problems; or, a statement that no problems were encountered.

(d) A tabulation of the planned, actual and cumulative person-hours expended by the personnel identified in each task order (applies to Time & Material task orders only).

(e) A chart showing current and cumulative expenditures versus planned expenditures for each task order (applies to Time & Material task orders only).

C.5.2 Annual Report

The contractor shall furnish 1 electronic copy (in Microsoft Office 2010 or equivalent) of a letter-type annual report to the Contracting Officer and to the Contracting Officer’s Representative on or before 30 calendar days before the end of each contract year. The annual report shall contain the following:

(a) A brief narrative commenting on performance during the reporting period for each of the following areas:

(1) Quality of Product/Service

(2) Schedule

(3) Cost Control

(4) Business Relations

(5) Management of Key Personnel

(6) Utilization of Small Businesses

(7) Other

The annual report will be used by the COR as part of the annual performance review.

C.7 TRANSITION ACTIVITIES

At the outset and conclusion of the period of performance, the Contractor shall provide services needed to assist in a smooth and orderly transition between any incumbent Contractor and any successor Contractor to ensure minimum disruption and loss of continuity to Government business. These services may include, but are not limited to: data and other file transfer, material transfer, coordination with existing Contractor, and other activities to assist in an orderly transfer and establishment of continued operation of the contract services and experiments. The Contractor is expected to cooperate fully in the transition.

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 ACCEPTANCE

Acceptance of the final deliverables shall be made in writing by the COR.

E.2 GOVERNMENT ACCEPTANCE PERIOD

Unless stated elsewhere in each task order, the COR will have 7 calendar days to review draft deliverables and make comments. The Contractor shall have 5 calendar days to make corrections and return the corrected deliverable to the government. Upon receipt of the final deliverables, the COR will have 5 calendar days for final review prior to acceptance or providing documented reasons for non-acceptance.

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

52.246-6 INSPECTION - TIME-AND-MATERIAL AND LABOR-HOUR. (MAY 2001)

SECTION F

Deliveries or Performance

F.1 PERIOD OF PERFORMANCE

The period of performance of this Indefinite Delivery/Indefinite Quantity Contract (for the purpose of placing orders) is 60 months from the date of award. Task orders may be issued up to the final day of the contract period of performance provided that the task order can be completed in accordance with (IAW) FAR 52.216.22.

F.2 PLACE OF DELIVERY

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

[Fill-in address and email at Award]

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

[Fill-in Name and Title at Award]

[Fill-in E-mail Address at Award]

F.3 PLACE OF PERFORMANCE

The location of work performed under this contract will be specified in each task order.

The majority of the work will be performed at the TFHRC, J. Sterling Jones Hydraulics Laboratory in McLean, VA. If field tests are required under this contract, possible locations of work will be specified in Task Orders.

52.242-15 STOP-WORK ORDER. (AUG 1989)

52.242-17 GOVERNMENT DELAY OF WORK. (APR 1984)

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

F.4 DELIVERY SUMMARY

Contract Level:

Deliverables Reference Format Due Date To Progress Report C.5 MS Word, Excel, Powerpoint, Project or Access

NLT 10th of the month Contracting Officer, Contract Specialist and COR

Annual Report C.5 Microsoft Office 2010 or equivalent

On or before 30 calendar days before the end of each contract year

Contracting Officer, Contract Specialist and COR

Task Order Level:

Task order deliverables, formats and dates will be specified in each task order.

SECTION G

Contract Administration Data

G.1 CONTRACT ADMINISTRATION DATA

The Contractor shall provide sufficient management to ensure that this contract is performed efficiently, accurately, on time, and in compliance with the requirements of this document.

Specifically, the Contractor shall designate a single manager to oversee this contract and supervise staff assigned to this contract.

G.2 PAYMENT

For each firm fixed price task order, the Government shall pay the contractor for the prices delineated in each task order. Payment shall be made upon review and written acceptance of the firm fixed price deliverable(s) by the Government.

For each time and material type task order, the Contractor may request payment on a monthly basis for work performed during the preceding reporting period. The Contractor shall provide sufficient detail, including fully burdened labor rates and hours worked, to support the invoice.

The Contractor shall not accrue cost in excess of the amount funded under a time and material task order. Any work performed in excess of the amount funded is at the Contractor’s own risk.

G.3 NOTIFICATION OF EXPENDITURE OF FUNDS

For time and material task orders, Contractor shall notify the Contract Specialist and COR in writing, within 5 calendar days, when costs incurred exceed 75% of the obligated funds.

G.4 TRAVEL AND PER DIEM

Travel (other than local) may be expected to occur throughout the duration of the contract. The COR will issue the written request for travel if required (excluding local travel).

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

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

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

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

G.5 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.6 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/Task Order Number

(3) Name of your Company/Organization

(4) Attention: Contract Specialist

Example: Invoice No. 35 – DTFH6115D00001 – 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.7 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.8 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 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.

G.9 AGENCY TASK ORDER OMBUDSMAN

The Contracting Officer’s selection decision on each Task Order request shall be final and is not subject to protest, except for a protest that the Task Order increases the scope, period, or maximum value of the contract. Accordingly, in accordance with FAR 16.505 (b) (5), an ombudsman has been appointed to hear and facilitate the resolution of contractor’s concerns resulting from task order award. The existence of the ombudsman does not diminish the authority of the Contracting Officer. Further, the ombudsman does not participate in the evaluation of the proposals or the adjudication of formal contract disputes. Therefore, before consulting with the ombudsman, interested parties must first address their concerns, issues, disagreements and/or recommendations to the Contracting Officer for resolution.

If the Contracting Officer cannot make resolution, interested parties may contact the FHWA ombudsman at the following address:

United States Department of Transportation Federal Highway Administration 1200 New Jersey Avenue, SE Washington, DC 20590 Location: E65-101 Attention: Ombudsman

G.10 TASK ORDER SELECTION CRITERIA

The FHWA anticipates that the following elements will be the standard criteria for awarding individual task orders: Technical, Price, and Past performance in relation to task order requirements. Each task order will indicate any changes or additions to standard criteria. The order of importance for the factors will be identified in each individual task order proposal request. Evaluation of past performance will be based on the past performance data in each awardee’s proposal as supplemented by the Government and Contractor during the period of performance. As work proceeds under this contract, it is probable that the past performance data submitted with the original contract proposal will be given less weight than current performance reports received on task orders performed under this contract.

G.11 TASK ORDER PROCEDURE

All funds expended under this contract shall be incurred and accounted for under individual task orders. All task orders (TOs) are subject to the terms and conditions of this contract.

The following ordering procedures apply to all task orders issued under this contract. All task orders under this contract will be competed unless a special exception to competition applies.

Any supplies/services to be furnished under this contract will be ordered by issuance of written TOs. TOs shall be issued in accordance with FAR 52.216-18, 52.216-19, and 52.216-22 (See Section I). In addition:

(a) Only an authorized FHWA Contracting Officer can issue a task order for this contract.

(b) All task orders are subject to the terms and conditions of the contract. In the event of conflict between a task order and the contract, the contract will take precedence.

(c) All costs associated with preparation, presentation, and/or discussion of the Contractor’s task order proposal shall not be billable as direct contract expenses.

(d) The Contracting Officer or COR will issue Task Order Proposal Requests (TOPRs) electronically to each IDIQ Contractor awarded a contract in response to (Fill-in RFP Number or Program Name/title), in accordance with Fair Opportunity to Compete clause, as requirements are identified. Each TOPR will indicate the objective or results required by the Government. This objective will be within the scope, period, and maximum value of the contract. Each TOPR will indicate the Task Order type, the due date for proposal submission, the estimated level of effort (if applicable), any Government estimates for equipment and/or travel, any special requirements, and any additional selection criteria not specifically identified in the Task Order Selection Criteria clause below.

(e) Upon receipt of a TOPR, the Contractor shall prepare and submit a written task order proposal within the timeframe specified for submission. The Contractor shall submit one electronic copy of the task order proposal to the Contracting Officer and one electronic copy to the COR. The task order proposal shall include, as a minimum, the following information:

(1) A discussion of the task order objective demonstrating the Contractor’s understanding of the required outcome.

(2) A concise work plan for achieving the task order objectives that clearly demonstrates the Contractors’ understanding of and planned approach to the problem.

(3) A performance schedule that provides the following information:

(i) Planned accomplishments/milestones

(ii) Anticipated problems or challenges

(iii) Planned solutions to anticipated problems or challenges

(4) Qualifications of the proposed staff, including any proposed subject matter expert consultants.

(5) A detailed price proposal, including:

(i) Proposed level of effort and labor categories

(ii) The corresponding labor rates

(iii) Other Direct Costs as applicable (materials, travel, shipping, copying, etc.)

(6) Task Order Conflicts of Interest: The Offerors shall provide a brief statement in each task order proposal that describes in a concise manner all past, present or planned organizational, contractual or other interest(s), which may affect the Offeror’s ability to perform the proposed task order in an impartial and objective manner. The Contracting Officer will review the statement and may require additional relevant information from the Offerors. In accordance with FAR Subpart 9.5, all such information, and any other relevant information known to DOT, will be used to determine whether an award to the Offerors may create an actual or potential conflict of interest. If any such conflict of interest is found to exist, the Contracting Officer may (a) disqualify the Offerors, or (b) determine that it is otherwise in the best interest of the United States to contract with the Offerors and include appropriate provisions to mitigate or avoid such conflict in the contract awarded.

(7) Proposals shall be delivered, on or before the due date, to the Contract Specialist at the following email addresses:

Attn: [Fill-in Name and E-mail Address at Award]

(8) All task order proposals will be evaluated in accordance with the clause entitled, Task Order Selection Criteria. The Contracting Officer’s selection decision on each Task Order request shall be final and shall not be subject to protest.

(9) Upon selection/acceptance of a task order proposal, the Contracting Officer shall execute a task order. This task order will contain, as a minimum, the following information:

(i) Name and signature of Contracting Officer

(ii) Task Order Number and Contract Number

(iii) Effective Date of Task Order

(iv) Task Order subject and description of Work (including deliverables/schedule)

(v) Period of Performance

(vi) Total Amount of Task Order

(vii) Accounting Data

(viii) Reporting Requirements

(ix) Work Plan

(x) Key Personnel

(10) No work will be performed and no payment will be made except as authorized by a properly executed TO.

NOTE: The type of Task Orders issued will vary based on the nature of the work requested and the Contracting Officer’s determination.

G.12 ON-SITE DUTY HOURS

Working hours shall generally be from 8:00 AM to 4:30 PM including lunch, Monday through Friday, exclusive of legal holidays, unless otherwise requested or approved by the COR. Work hours for Contractor personnel shall not exceed 80 during each two week pay period unless authorized in accordance with FAR 52.222-2 (See Section I). In the event that the Contractor is authorized to work more than 80 hours during a two week pay period, the Contractor will not be paid a premium for additional hours in excess of the 80 hours. If vacation time of an employee is expected to exceed 10 consecutive working days or sick leave five consecutive working days, a replacement shall be provided.

G.13 HOLIDAYS AND ADMINISTRATIVE LEAVE

Any Contractor personnel working on Government premises shall observe only the holidays listed below:

New Year's Day Columbus Day Martin Luther King Jr.'s Birthday Veteran's Day President’s Day Thanksgiving Day Memorial Day Christmas Day Independence Day Labor Day

Any other day designated by Federal statute.

Any other day designated by Executive Order.

Any other day designated by Presidential proclamation.

When any such day falls on a Saturday, the preceding Friday is observed; when any such day falls on Sunday, the following Monday is observed.

Government closures may occur during the contract performance period as a result of Executive Order, Office of Personnel Management direction or other form of Federal proclamation. These closures are often due to inclement weather, potentially hazardous conditions or other special circumstances. Closures or delays of this nature during the performance period do not entitle the Contractor to additional compensation or to an automatic period of performance extension.

G.14 RESTRICTIONS AND STANDARDS OF CONDUCT (ALL TYPES WITH

PERFORMANCE AT FHWA FACILITY)

The Contractor's employees shall conduct only business covered by this contract during periods paid for by the FHWA and shall not conduct any other business on Government premises.

Contractor personnel shall abide by the normal rules and regulations applicable to the FHWA premises, including any applicable safety and security regulations.

G.15 LIABILITY

The Government cannot indemnify the Contractor or its subcontractor(s) from liability as a result of the performance of work under this contract. Therefore, the Contractor is required to obtain adequate property, vehicle and liability insurance during the entire period of performance, as appropriate, in accordance with the clause at FAR 52.228-7, which is incorporated into this contract in Section I. Evidence of such insurance must be submitted to the Contracting Officer as a condition of award.

G.16 VEHICULAR AND GENERAL PUBLIC LIABILITY INSURANCE

(a) The Government cannot indemnify the Contractor or its subcontractor(s) from liability as a result of the performance of work under this contract. The Contractor shall be liable for, and shall indemnify and hold harmless the Government against all actions or claims for loss of or damage to property or the injury or death of persons, resulting from the fault, negligence, or wrongful act or omission of the Contractor, its agents, or its employees.

(b) Therefore, if the Contractor is required under the Statement of Work of this contract or any task order issued hereunder, to operate motor vehicles, trailers, and/or marine vessels owned or leased by the Government, the Contractor shall obtain adequate property, vehicle and liability insurance during the entire period of performance.

(c) The U.S. Department of Transportation- Federal Highway Administration shall be listed as an Additional Insured Party of any policy obtained under this contract.

(d) The Contractor shall notify the Contracting Officer (CO) in writing that the required insurance has been obtained and shall furnish a copy of any policies to the CO within 30 days of contract award. The policies evidencing required insurance shall contain an endorsement to the effect that any cancellation or any material change adversely affecting the interests of the

Government shall not be effective until 30 days after written notice has been provided to the CO.

The policies shall exclude any claim by the insurer for subrogation against the Government by reason of any payment under the policies.

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.

_____ 1194.21 Software applications and operating systems.

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

_____ 1194.23 Telecommunications products.

_____ 1194.24 Video and multimedia products.

__X_ 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 42.1502 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 60 calendar days to respond. Contractor response is voluntary. If the Contractor does not respond within 60 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. 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 60-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.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 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 HOMELAND SECURITY PRESIDENTIAL DIRECTIVE-12 (HSPD-12)

(AUGUST 2004)

Homeland Security Presidential Directive-12 was issued in response to the general threat of unauthorized persons gaining access to federal facilities and information systems. HSPD-12 requires all Federal agencies to use a common Personal Identity Verification (PIV) standard when identifying and issuing access rights to users of Federally-controlled facilities and/or Federal Information Systems.

To perform the work specified herein, contractor personnel will require access to sensitive data, regular access to DOT-controlled facilities and/or access to DOT information systems. The Government has determined the position risk/sensitivity level under this effort to be low risk/ non-sensitive.

Accordingly, before any individual may obtain a DOT identification card (new or replacement) authorizing him/her routine access to DOT facilities, or logical access to DOT's information systems, the individual must provide two forms of identity source documents in original form.

One identity source document must be a valid Federal or state government issued picture identification card. DOT contractors must contact the DOT servicing security organization to obtain the list of acceptable forms of documentation. Submission of these documents, and related background checks, are mandatory in order for the contractor to receive a building access identification card, and before access will be granted to any of DOT's information systems.

Identification documents must be presented again in order to receive the card after it is manufactured. DOT identification cards are government property and must be returned when access to government facilities or information systems is no longer authorized, e.g., upon termination of employment, upon the contractor's reassignment of the employee to a non-DOT project, upon termination of the contract, or upon demand by DOT.

The minimum Government investigation for a low risk or non-sensitive position is a National Agency Check and Inquiries (with fingerprinting), which consists of searches…