RFP_DTFH6116R00019.pdf

8 7

Robin K. Hobbs

9 HRDI413016027

DTFH6116R00019

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 $25,000.00. The maximum amount of all task orders issued against all contracts awarded as a result of this acquisition shall not exceed a ceiling of $1,99 ,0 0 .

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.1. for fixed price unit rates governing this contract conform to the descriptions herein and be listed in the Microsoft Excel format found at Section J.1 and apply for each of the described categories for each of the contract year(s). The unit of issue (rates) is the fixed unit price rate.

SECTION C

Description/Specifications

C.1 BACKGROUND

The Long Term Pavement Performance (LTPP) program has been monitoring pavement test section since 1989. During this time material testing was conducted on samples from both General Pavement Studies (GPS) and Specific Pavement Studies (SPS) test sections. The original test sections were primarily studying pavement design with materials data among the data elements that were collected in the experiments. In recent years a new asphalt pavement type has gained popularity. It is called Warm Mix Asphalt (WMA). In order to learn more about how WMA performs it was decided to develop a new experiment that would compare the performance of WMA versus Hot Mix Asphalt (HMA). The new experiment is titled SPS-10, Warm Mix Asphalt Overlays of Existing Asphalt Pavements.

C.2 CONTRACT SCOPE

The Contactor shall provide all personnel, equipment, tools, materials, supervision and other items and services necessary to complete all materials tests and other requirements of the contract. The Contractor shall perform the tests in accordance with the testing protocols provided in this document.

The scope of this contract includes receipt of material samples, storage of material samples, preparation of samples for testing, testing of samples, Quality Control (QC) of operations, QC of data in accordance with LTPP directives, and tracking of samples and test results using the FHWA-provided tracking system.

NOTE: Under this contract, the FHWA and the Contractor will utilize a web-based tracking system developed by FHWA. This system will allow the FHWA, the Contractor, and other participating FHWA contractors to track the status of each material sample. See Attachment J.5 and J.6 for a description of the tracking system.

CONFLICT OF INTEREST CLAUSE

Both the existing LTPP Regional data collection contractors and LTPP Technical Support Services Contractor will need to describe how they would manage the conflict of interest that would exist if their companies submitted proposals for this contract.

C.3 OBJECTIVE

The objective of this contract is to test material samples collected from SPS-10 test sections scattered about the United States and Canada and to provide the data to FHWA in a format specified by FHWA. The following objectives are listed in descending order of importance.

1. Perform tests on materials from the SPS-10 experiment. This involves insuring that a minimum number of each test in the original sampling and testing plan for each project has been completed.

2. Perform test on cores from overlays of SPS and GPS test sections. This involves test conducted during the original testing contracts.

C.4 DETAILED REQUIREMENT

ID/IQ - Fixed Unit Prices.

C.4.1 MATERIAL RECEIPT

The Contractor shall receive all material samples shipped by FHWA, the LTPP regional Contractors or others as directed by the COR. Material samples will be identified by specimen identification numbers. The Contractor shall inspect all shipments for completeness and condition.

The Contractor shall enter receipt date and other relevant information on all samples into the FHWA-provided tracking system.

NOTE: FHWA will arrange for and pay costs of shipping samples to one location as designated by the Contractor. The Contractor shall be responsible for arranging for and paying costs of any subsequent shipping of samples deemed necessary by the Contractor, such as to subcontractor locations.

NOTE: FHWA anticipates that the FHWA LTPP Regional Support Contractors (RSCs) will package, assign specimen identification numbers, and deliver the material samples for testing based on direction from the COR. The RSCs will collect the material samples from the LTPP SPS-10 sites, then ship them to the Contractor for testing. The Contracting Officer will provide the Contractor written notification identifying the FHWA Contractors authorized to submit material samples for testing.

C.4.2 STORAGE

The Contractor shall store approximately 50 pallets with an average height of 2 feet tall. All samples shall be in an enclosed area not subjected to the natural elements at temperatures between 5 and 27oC (40 and 80oF). This storage area shall be dedicated to LTPP with only LTPP material samples stored in the area.

C.4.3 DISPOSITION

Sample materials shall not be discarded without written approval of the COR. When disposing of material samples the Contractor shall follow all applicable local, state and federal environmental regulations. The Contractor shall track disposal status in the tracking system.

C.4.4 TESTING

The Contractor shall perform designated tests on the material samples per each task order issued.

FHWA will designate, in the FHWA-provided tracking system, specific tests to be performed on a material sample. The Contractor shall perform the tests in accordance with the LTPP Testing Protocols found in Attachment J.5. The Contractor shall follow the version of the test method referenced in the protocol.

NOTE: If the test method has been updated, the Contractor must receive approval from the Contracting Officer’s Representative (COR) to use the updated test method in lieu of the version found in Attachment J.5.

NOTE: The Contractor shall only perform tests for which funding is available in the awarded task order. The Contractor shall NOT perform work beyond available contract funding. If the Contractor performs work beyond available funding the Contractor is at risk of non-payment for those services. Available funds are those funds obligated onto the task orders.

The Contractor shall provide sufficient and suitable materials testing equipment, facilities and personnel to meet the requirements of ASTM E329-03, ASTM D3666-04, ASTM D3740-40a, AASHTO R18and the AASHTO Accreditation Program. The Contractor’s testing facilities shall be accredited by the AASHTO Accreditation Program (AAP). The Contractor and/or subcontractor(s) shall be accredited by the AAP in the following areas that relate to the test(s) that will be performed in their respective facilities: asphalt cement, hot mix asphalt, soils, and aggregate.

Note: The tests to be conducted under this contract fall into the following four areas:

asphalt cement, hot mix asphalt, soils, and aggregate. Many of the tests being conducted under this contract are not included in the assessment tests used in the AASHTO accreditation process. For those tests not included in the accreditation process, the Contractor shall be accredited in the area that relates to the test. For example, T307 (the AASHTO equivalent of P46) is not an assessment test used during the AASHTO accreditation process. However, since P46 is a soils test, the Contractor (or subcontractor as applicable) shall be accredited by the AAP in the soils area.

The Contractor shall report the test results on the data sheets provided with the protocols and in an approved electronic file format developed by the Contractor, as described below.

1. Submit data electronically in Comma Separated Values (CSV) files and on paper forms to the COR-designated FHWA LTPP Technical Support Services Contractor (TSSC) for review of key fields.

2. Upon review, the TSSC notifies FHWA that data is acceptable or notifies Contractor of problem data. The Contractor shall correct and resubmit problem data.

3. FHWA notifies the Contractor if data is acceptable.

NOTE: The Contractor may invoice for tests performed only after FHWA determines data is acceptable.

The Contractor shall develop the CSV electronic files for submitting the test data. The CSV files shall transmit the data entered on the lab data sheets found in Attachment J.6. The Contractor shall submit the proposed CSV files to the COR for approval of format.

FHWA will provide the Contractor the range checks for each test used by LTPP. The Contractor shall use these range checks to identify and explain outliers when submitting results.

The Contractor shall track test status in the web-based tracking system.

Prior to conducting the first of any tests that utilize a servo hydraulic system under this contract, the Contractor shall allow FHWA or their designated representative to conduct LTPP’s start-up procedure tests entitled, “Verification of Equipment Performance and Operator Proficiency in Dynamic Testing Applications with an Emphasis on Resilient Modulus” on the Contractor’s servo hydraulic testing equipment. FHWA plans to conduct this test once during the base period prior to performance of any testing, and annually thereafter. FHWA anticipates the test will take one week to perform. FHWA will be responsible for performance of the start-up procedure tests. The Contractor shall be responsible for correcting any deficiencies found during the tests.

Prior to beginning testing, the contractor shall meet with the COR and the LTPP Technical Support Service Contractor, TSSC, in TSSC’s Reno, NV office. The purpose of the meeting is to discuss the data files that the contractor will be providing FHWA.

C.4.5 MEETINGS AND COORDINATION

There will be a contract kick-off meeting at the Contractor’s facility within 14 days of the effective date of the contract. The prime Contractor and any subcontractors shall be present at the kick-off meeting.

In addition to the kick off meeting cited above, the Contractor shall attend a three-day meeting with FHWA at the TSSC offices in Reno, Nevada, within 30 days after the effective date of the contract, to discuss and coordinate the CSV file format, provide training on the FHWA-provided web-based tracking system, and other issues as necessary.

The Contractor shall coordinate regularly with the COR, via conference calls or emails as appropriate, to discuss upcoming shipments, tests pending, priorities, scheduling, available funding, task orders, test results, etc., as necessary.

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.5.3 QUALITY CONTROL PLAN, DATA DELIVERY FILE FORMAT, AND

MEETINGS

The Contractor shall deliver the items listed below to FHWA.

DELIVERABLE DUE DATE Format/quantities Proposed Data Delivery File Format (CSV File)

60 days after effective date of contract

Electronic copy to COR

Meetings (LTPP Program Presentations, Workshops/Training)

As required by COR As required by COR

* The COR and the Contractor shall coordinate on testing schedules and revise the due date for test results as necessary so as to not place an undue burden on the Contractor, i.e. receipt of a large amount of material samples.

C.5.4 FEEDBACK

Feedback is a critical element in the LTPP program. During the course of the contract, the Contractor may receive feedback from FHWA or other LTPP Contractors. Examples of likely feedback include:

(1) Requests for the Contractor to correct missing or incorrect information on forms, and

(2) Requests for the Contractor to review previously performed tests that produced unusual test results or test results that appear outside normal ranges.

In coordination with the COR, the Contractor shall take the appropriate steps necessary to resolve the feedback.

C.5.5 INSPECTION AND ACCEPTANCE

Inspection and acceptance shall be in accordance with FAR 52.212-4. FHWA will inspect test results. FHWA will conduct a 10% review of paper forms and a 100% review of electronic forms.

FHWA reserves the right to inspect the Contractor’s facilities as required and to conduct replicate tests.

PLACE OF DELIVERY

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

Turner-Fairbank Highway Research Center 6300 Georgetown Pike McLean, Virginia 22101

Attn: TBD at Contract

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 Contractor’s premise.

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, the 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). Other travel requested by the Contractor must be approved by the COR in writing.

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

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 – DTFH6116D00001 – 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: E62-204 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 DTFH6116R00019, 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 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.13 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.

___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 42.1502 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 of records covering specific areas of a person's background during the past five years. Those inquiries are sent to current and past employers, schools attended, references, and local law enforcement authorities.

Higher level positions, above low risk/non-sensitive, require more extensive documentation and investigation.

Contractors should ensure that the employees whose names they submit have a reasonable chance for access approval. Delays associated with rejections and consequent reinvestigations may not be excusable.

The contractor must comply with all applicable HSPD-12 and PIV procedures, as described above, and any subsequent DOT or government-wide HSPD-12 and PIV procedures/policies, including any subsequent related DOT directives and required procedures.

In the event of inconsistencies between this clause and later issued agency or government wide HSPD-12 guidance, the most recently issued guidance shall take precedence, unless otherwise instructed by the Contracting Officer.

The contractor is required to include this clause in any subcontracts that require the subcontractor or subcontractor employee to have routine physical access to DOT space or logical access to a DOT information system.

H.6 CONTRACTOR PERSONNEL PREPROCESSING, BACKGROUND

INVESTIGATION AND INFORMATION SECURITY AWARENESS TRAINING

(a) This FHWA local clause is applicable to contracts that have or will have Contractor Personnel (CP) working onsite in FHWA facilities, have CP who require DOT network access, require access to sensitive information, OR access to DOT resources. The clause is issued to:

(1) Supplement DOT HSPD-12 Personal Identity Verification, TAR 1252.237-70 Qualifications of Contractor Employees, and TAR 1252.239-70 Security Requirements for Unclassified Information Technology Resources,

(2) Provide detailed instructions for preprocessing CP and initiating background investigations,

(3) Implement the requirement for CP who work onsite in FHWA facilities OR require Department of Transportation (DOT) network access to submit proof of Information Security System Awareness (ISSA) training in conjunction with their background investigation request, and

(4) Provide information about the required ISSA training.

(b) CP shall not be permitted to begin work in FHWA facilities, have connectivity to the DOT network, access sensitive information, OR access DOT resources until documentation required to initiate a background investigation is received, ISSA training is completed, and authorization is received from FHWA Personnel Security. The initial process takes several business days and IS

ONLY THE BEGINNING OF THE ACTUAL BACKGROUND INVESTIGATION.

The Contractor, Program Manager (PM)/CP will be notified by FHWA Personnel Security via e-mail once CP are cleared to report for duty. While CP may report for duty, final clearance is granted only after the background investigation is complete. Completion of the background investigation can take months depending upon the actual investigation findings and the depth of investigation that results from those findings. The Government will provide the Contractor/PM/CP with all required forms to initiate a background investigation for use by CP. Contractor/PM/CP shall complete and submit required forms for a background investigation as soon as possible after notification of selection for a position. It is imperative that the PM and CP respond promptly to any additional information requests from the COR, FHWA Personnel Security, or the Office of the Secretary of Transportation (OST) Security Office so that the process can be completed as efficiently and quickly as possible.

(1) Immediately upon notification of selection for a position, CP shall fill out the Form DOT 1600.8, Personnel Security Action Request and Notification. This form is used to initiate a background investigation. The Form DOT 1600.8 can be found here http://www.volpe.dot.gov/career/docs/psaf1600-8.doc or sent to the Contractor/PM/CP by the Contracting Officer’s Representative (COR). Upon completion, this form shall be submitted to the field specialist/COR who will complete the “Requesting Office” section. The COR will submit the completed DOT 1600.8 to FHWA Personnel Security.

(2) In addition to the DOT 1600.8, CP shall provide two fingerprint samples for the background investigation. Contractor/PM/CP can obtain the blank fingerprint cards from the COR. CP can have fingerprints taken at their local Law Enforcement agency. PMs in the local commuting area (DC, Virginia, Maryland, etc.) may arrange through their COR for CP to visit the Identification Media Center in the Headquarters West Building, Room W-12 for fingerprinting.

Contractor/PM/CP shall mail or express mail (highly recommended) two fingerprint cards to FHWA Personnel Security. CP in the local commuting area have the choice of mailing their fingerprint cards or giving them directly to the COR. It is highly recommended that CP who will be working at Headquarters or Turner-Fairbank Highway Research Center get fingerprinting done at the Identification Media Center in the Headquarters West Building.

(3) All onsite or network access CP must complete ISSA training. ISSA training can be found at http://sat.dot.gov with the title “Federal ISS Awareness (for non-DoD Personnel).” Questions about the ISSA training should be directed to the COR. After completion, CP must print a copy of the training certificate. The certificate shall be submitted along with the DOT 1600.8 to the COR. Subsequent refresher training is required annually by a date to be determined each year.

(4) The Electronic Questionnaires for Investigations Processing (E-QIP) system provides a questionnaire that is used to collect information required to do a background investigation.