RFP_DTFH6116R00030.pdf

DTFH6116R00030

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 37

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

K

L

M SPECIAL CONTRACT REQUIREMENTS

CONTRACT ADMINISTRATION DATA

DELIVERIES OR PERFORMANCE

INSPECTION AND ACCEPTANCE

PACKAGING AND MARKING

DESCRIPTION/SPECS./WORK STATEMENT

SUPPLIES OR SERVICES AND PRICES/COSTS

SOLICITATION/CONTRACT FORM

PART II - CONTRACT CLAUSESPART I - THE SCHEDULE

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G

F

E

D

C

B

A

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

11. TABLE OF CONTENTS

18. OFFER DATE17. SIGNATURE

SUCH ADDRESS IN SCHEDULE.

IS DIFFERENT FROM ABOVE - ENTER

15C. CHECK IF REMITTANCE ADDRESS

EXT.NUMBERAREA CODE

15B. TELEPHONE NUMBER

(Type or print)AND

ADDRESS

OF

OFFEROR

CODE FACILITY

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

DATEAMENDMENT NO.DATEAMENDMENT NO.

and related documents numbered and dated):

amendments to the SOLICITATION for offerors

(The offeror acknowledges receipt of

14. ACKNOWLEDGEMENT OF AMENDMENTS

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

(See Section I, Clause No. 52.232.8)

13. DISCOUNT FOR PROMPT PAYMENT

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

by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the

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

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

OFFER (Must be fully completed by offeror)

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

28. AWARD DATE

(Signature of Contracting Officer)

27. UNITED STATES OF AMERICA

25. PAYMENT WILL BE MADE BY

26. NAME OF CONTRACTING OFFICER (Type or print)

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

ITEM

(4 copies unless otherwise specified)

23. SUBMIT INVOICES TO ADDRESS SHOWN IN

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

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

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

AWARD (To be completed by government)

CODE

06/27/2016HRDI412016014

X

HCFA

FEDERAL HIGHWAY ADMINISTRATION

OFFICE OF THE CHIEF FINANCIAL OFFICER

OFFICE OF ACQUISITION & GRANTS MGMT

1200 NEW JERSEY AVENUE, SE

WASHINGTON DC 20590

1230 ES

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

366-5503

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PAGE(S)

Guang Y. Zeng

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 1200 New Jersey Ave., SE, E62-204 07/27/2016

SECTION B

SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 CONTRACT SUMMARY

The Contractor shall furnish all equipment, travel, materials and personnel necessary to provide the Federal Highway Administration (FHWA) with non-personal technical support for “Determining Highway Asset and Data Inclusion in an Asset Management System,” as described in Section C below.

B.2 SCHEDULE OF SERVICES

CLIN

Contract Line Item Number

Description Type Price

00001 Kickoff Meeting Summary FFP 00002 Interim Report FFP 00003 Work Plan FFP 00004 Draft Report FFP 00005 Webinars FFP 00006 TechBrief Draft and Final FFP 00007 Final Report Documentation FFP 00008 All Tasks: Travel

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

Cost Not to exceed $5,000

Total:

NOTE: FFP = Firm-Fixed-Price

B.3 TRAVEL

All travel shall be authorized in advance by the Contracting Officer’s Representative (COR) and shall be reimbursed at cost in accordance with the Travel and Per Diem clause (reference Section G). Total travel cost shall not exceed $5,000 for all years of contract performance.

SECTION C

DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 BACKGROUND

Prior to the most recent transportation legislation (the FAST Act), MAP-21 established that recipients of federal highway funding shall adopt and maintain a formalized transportation asset management plan (TAMP) to manage, at minimum, the jurisdiction’s pavement and bridge assets. It is up to each state or local agency to develop a TAMP, and use it to maintain a minimum standard of service for each managed asset. These plans can be considered effective if they provide an action plan toward a long range, sustainable investment strategy of the agency’s important highway assets.

Beyond pavement and bridges, highway agencies are typically responsible for many other important highway assets, such as guardrails, lighting, fencing, signs, drainage structures, and tunnels. These, together with pavement and bridges, make up the complete highway corridor, and require significant management effort (maintenance and capital replacement) in order to function safely and effectively long into the future.

Having recognized the advantages of using asset management (AM) concepts early on, some US and international transportation agencies have been practicing AM in a variety of forms for years. However, to the majority of others, the AM concept as required by MAP-21 is quite new. In navigating the business practice changes associated with enacting asset management, and the costs of acquiring and maintaining Maintenance Management Systems for asset data collection and storage, these latter agencies are faced with the decisions as to what assets are “worth” capturing in their particular TAMP. Consequently, these agencies are asking questions such as “what assets are important to our future asset investment strategy?”, “what assets are worth capturing?”, and “what data from a particular asset do we need to collect?”

The FHWA is interested in answering these questions and, importantly, providing guidance to state and local transportation agencies as to what information is needed for what asset to enable them to develop focused and data-driven infrastructure investment strategies. Such knowledge will be useful to state and local agencies as they develop, implement, and improve their TAMPs.

C.2 OBJECTIVE/SCOPE

The objective of this project is to provide guidance for a DOT to determine what assets, and asset data, to capture beyond pavements and bridges that focus on a long-term, sustainable infrastructure investment strategy. The outcome will be a methodology that will provide the practitioner decision guidance that is comprehensive, yet flexible, to help the agency determine what assets, and what asset data, are worth tracking for their particular agency.

C.3 TASK AREA REQUIREMENTS

Task 1: Within 30 days of contract award, the Contractor shall coordinate and conduct a kickoff meeting, via web conference with the COR and others as appropriate, to review the statement of work, delivery schedule, delineate roles and responsibilities, and establish communication protocols. Following the meeting, the Contractor shall submit a written summary of discussions, decisions, and action items.

Task 2: Following the kickoff meeting, the Contractor shall perform a thorough literature and practice review to document the current practices of managing and prioritizing highway assets and asset data in a TAMP and corresponding agency management systems. The review shall capture the various factors and decision processes for the inclusion, or non-inclusion, of an asset within a TAMP. The scope of the review shall be state, local, and international highway agencies that are representative of the state of the art in asset management, especially in the field of highway maintenance.

Task 3: Based on the outcome of the Literature Review, and FHWA input/review, the Contractor shall develop a Work Plan that outlines the approach to the remaining tasks of the project. This work plan shall be approved by the COR prior to proceeding with Task 4.

Task 4: Following FHWA approval, and based on the Task 3 work plan, the Contractor shall proceed to conduct research effort that includes, but is not limited to, the following objectives:

- Development of a methodology to determine what assets and corresponding asset data are most beneficial toward achieving a long-term, sustainable infrastructure investment strategy;

- Development of a decision and prioritization methodology to either incorporate or leave out an asset from a TAMP;

- Identify assets that are not typically tracked within agency management systems that have bearing on a part of a long-term, sustainable infrastructure investment strategy.

- Development of a decision and prioritization methodology regarding what asset data to collect for a particular asset;

- Inclusion of case studies of national/international transportation agencies that have successfully implemented asset management plans that include assets beyond pavement and bridges;

- An analysis that includes example scenarios of the long-term implications of selective asset and asset data management. The analysis shall include how the value of including or not including an asset within an asset management system was balanced with the cost (financial, personnel, resources) of collecting and analyzing its data.

An initial draft document of the research product shall be submitted to, and reviewed by, the FHWA. The Contractor must receive and address comments from FHWA prior to proceeding with the final draft.

FHWA will provide comments within thirty (30) days of receipt.

Task 5: The Contractor shall produce one (1) TechBrief (in standard FHWA TechBrief document format) that captures and summarizes the goals, methods, and results of the project. This shall be developed concurrently with the other project deliverables. The standard FHWA TechBrief format can be found in the most current version of the Communications Reference Guide, http://www.fhwa.dot.gov/publications/research/general/03074/index.cfm.

Samples of the TechBrief format can be found at:

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

Task 6: The Contractor shall conduct one (1) webinar presentation that describes and summarizes the project effort. This webinar shall be conducted twice: once as a “practice” version to FHWA staff, and once as a “live” version, webcast nationally. The webinar shall be advertised nationally and hosted by the contractor, and recorded (with a link provided) for viewing for up to one year past the “live” webcast date.

The contractor shall also deliver the recorded webcast as an electronic file that is compatible with, and may be incorporated into, FHWA websites.

Task 7: This task includes the delivery of all final project documentation, including the final draft of the culminating project report document, techbriefs, and webinar file. This material shall be complete, formatted, and ready for submission to the FHWA publication process.

C.4 PROGRESS REPORTS

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

http://www.fhwa.dot.gov/publications/research/general/03074/index.cfm http://www.fhwa.dot.gov/research/publications/technical/

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

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

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

SECTION D

PACKAGING AND MARKING

D.1 PACKAGING

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

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

D.2 SHIPPING AND MARKING

The Contractor shall use the U.S. Postal Service standard delivery for delivery of materials, equipment, or required hardcopy documents. The COR must approve all exceptions to this requirement.

Shipment of deliverable items, other than reports, shall be as follows:

Ship to:

FEDERAL HIGHWAY ADMINISTRATION

HRDI-20

6300 Georgetown Pike McLean, VA 22101 Marked for: (TBD)

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

D.3 F.O.B. POINT

The F.O.B. point for all items, unless otherwise directed by the Government, shall be:

FEDERAL HIGHWAY ADMINISTRATION

HRDI-20

6300 Georgetown Pike McLean, VA 22101

All items shall be shipped F.O.B. destination unless otherwise specified in task.

SECTION E

INSPECTION AND ACCEPTANCE

E.1 ACCEPTANCE

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

E.2 INSPECTION AND ACCEPTANCE

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

E.3 52.246-4 Inspection of Services - Fixed-Price. (AUG 1996)

SECTION F

DELIVERIES OR PERFORMANCE

F.1 PERIOD OF PERFORMANCE

All work and services required under this contract shall be completed on or before 20 months from the effective date of the Contract. There are no option periods.

The period of performance shall consist of a period of twelve (12) months for the technical portion of the project and a subsequent period of eight (8) months for editorial review and revisions associated with the FHWA publications process. The FHWA editorial review and publication process for reports and TechBriefs can take on the order of six (6) months or more to complete before publication is approved.

During this time, the contractor will be required to address comments raised during the editorial review process.

F.2 PLACE OF DELIVERY

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

[to be provided at award]

The bi-monthly progress reports shall be delivered to COR and CS at the following address:

[to be provided at award]

F.3 PLACE OF PERFORMANCE

Work resulting from this proposal will generally be performed at the Contractor’s site. No work will be performed on-site at FHWA, except for any meetings that may be required to be held at the Turner-Fairbank Highway Research Center (TFHRC) located at 6300 Georgetown Pike, McLean, VA 22101 or the Department of Transportation (DOT) Headquarters located at 1200 New Jersey Avenue SE, Washington, DC 20590.

F.4 METHOD OF DELIVERY

All deliverables shall be submitted in accordance with Section F.5. Electronic submission shall be made via email, unless otherwise agreed to by the COR.

F.5 DELIVERABLE/DELIVERY SUMMARY

Deliverable Frequency Number of Copies Medium/Format Submit To

1. Kickoff Meeting Summary

One-time, within two (2) weeks from the kickoff meeting.

Three (3) electronic copies.

Electronic copies in MS Word, Adobe Acrobat, and PowerPoint.

COR

2. Interim Report – Literature Review and proposed case studies three (3) months from the contract affective date

Two (2) electronic copies

Electronic copies in both MS Word and Adobe Acrobat formats.

COR

3. Work Plan five (5) months from contract effective date

Two (2) electronic copies

Electronic copies in both MS Word and Adobe Acrobat formats.

4. Draft Report

One-time, up to four

(4) months from reception of FHWA comments from Deliverable 2

Two (2) electronic copies

Electronic copies in both MS Word and Adobe Acrobat formats.

5. Webinars twelve (12) months from award of contract

One (1) electronic file of any presentation in MS PowerPoint format

Web-based presentation for project and results.

COR

6. TechBrief – Draft and Final

One-time, to be submitted concurrently with Deliverable 4

Two (2) electronic copies

Electronic copies in both MS Word and Adobe Acrobat formats.

COR

7. Final Report – Report Documentation

One-time, up to twelve (12) months from award of contract

Two (2) electronic copies

Electronic copies in both MS Word and Adobe Acrobat

8. Progress Reports Bi-monthly, submitted by the 15th of the month following the two months reported.

One (1) electronic copy.

Electronic copy in either MS Word or Adobe Acrobat

COR and CS

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

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

SECTION G

CONTRACT ADMINISTRATION DATA

G.1 PAYMENT – FIRM-FIXED-PRICE (CLINs 00001-00007)

For Firm-Fixed-Price CLINs 00001-00007, the Contractor may request payment for the prices specified in Section B upon the Government’s acceptance of the deliverable(s) listed. The determination of satisfactory completion and acceptance of the work will be made by the COR.

G.2 PAYMENT – COST-REIMBURSEMENT (TRAVEL CLIN 00008)

For cost-reimbursement travel, the Contractor may request payment on a monthly basis for travel taken during the preceding month. The Contractor shall provide sufficient detail about the trip taken and provide receipts with the invoice. All travel must be in accordance with Section G.3 and shall be billed at cost with no loading or fee.

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

G.3 TRAVEL AND PER DIEM

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

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

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

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

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

G.4 INVOICES

All invoices and required supporting documents shall be sent via e-mail to the following e-mail address: 9-AMC-AMZ-FHWA-Invoices@faa.gov.

(a) Include the invoice as an attached PDF document

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

(1) Invoice No.

(2) Contract Number

(3) Name of your Company/Organization

(4) Attention: Contract Specialist Example: Invoice No. 35 – DTFH6116C00033 – 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:

http://www.gsa.gov/portal/category/100120 mailto:9-AMC-AMZ-FHWA-Invoices@faa.gov

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

MMAC

FHWA/AMZ-150

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

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

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

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

G.5 TECHNICAL DIRECTION

Performance of the work under this contract is subject to the Technical Direction of the COR. The term “Technical Direction” is defined to include, without limitation, the following:

(a) Direction to the Contractor which redirects the efforts, shifts work emphasis between work areas, requires pursuit of certain lines of inquiry, fills in details or otherwise serves to accomplish the statement of work;

(b) Provision of information to the Contractor that assists in the interpretation of drawings, specifications or technical portions of the work description; and,

(c) Review and approval/rejection of technical reports, drawings, specifications and technical information to be delivered by the Contractor.

All Technical Direction must be within the general scope of work stated in the contract. The COR does not have the authority to and may not issue any Technical Direction that:

(a) constitutes an assignment of additional work outside the general scope of the base contract;

(b) constitutes a change as defines in the base contract clause entitled “Changes”;

(c) in any manner causes an increase or decrease in prices set forth in Section B; or

(d) changes any of the expressed terms, conditions or specifications of the contract.

All Technical Direction must be issued in writing, or shall be confirmed in writing by the COR within 3 working days after issuance. The Contractor shall proceed promptly with the performance of duly issued Technical Directions. However, if in the opinion of the Contractor, the direction issued but the COR is within one of the prescribed categories in (a) through (d) above, the Contractor shall not proceed, but shall notify the Contracting Officer in writing, within 3 working days after receipt of any such direction. The Contracting Officer will determine if the Technical Direction is proper, or if a contract modification would be required to properly implement the direction. Failure of the parties to agree upon the nature of the direction or upon the contract action to be taken with respect thereto shall be subject to the clause included in Section I entitled “Disputes.”

G.6 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.7 CONTRACTOR SUPERVISION

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

SECTION H

SPECIAL CONTRACT REQUIREMENTS

H.1 POST AWARD EVALUATION OF CONTRACTOR PERFORMANCE

Contractor Performance Evaluations

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

(b) The Contractor can elect to review the evaluation and submit additional information or a rebuttal statement. The Contractor will be permitted 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, Operations Support, Architect-Engineer Services, and Construction. 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.2 GOVERNMENT FURNISHED EQUIPMENT/INFORMATION/PROPERTY

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

H.3 ACKNOWLEDGEMENT OF SUPPORT AND DISCLAIMER

An acknowledgment of FHWA support and a disclaimer must appear in any publication of any material, whether copyrighted or not, based on or developed under this contract in the following terms:

“This material is based upon work supported by the Federal Highway Administration under contract number [To Be Determined]

Additionally, all materials must contain the following statement:

“Any opinions, findings and conclusions or recommendations expressed in this publication are those of the author(s) and do not necessarily reflect the views of the Federal Highway Administration.”

H.4 NON-PERSONAL SERVICES CONTRACT

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

H.5 PROCUREMENT AUTHORITY

The Federal Highway Administration, Office of Acquisition and Grants Management, is the only agency that is authorized to modify, suspend, or terminate performance under this Contract.

H.6 RIGHTS TO DATA

The Government has unlimited rights to all documents/material produced under this Contract. All documents and materials, to include the source and object code of any software produced under this contract, shall be Government owned and the property of the Government with all rights and privileges of ownership/copyright belonging exclusively to the Government. These documents and materials may not be used or sold by the Contractor without written permission from the CO. All materials supplied to the Government shall be the sole property of the Government and may not be used for any other purpose. This right does not abrogate any other Government rights.

H.7 REQUIREMENTS FOR IMPLEMENTING SECTION 508 STANDARDS

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

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

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

Applicable Standards:

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

______ 1194.21 Software applications and operating systems.

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

______ 1194.23 Telecommunications products.

____X_ 1194.24 Video and multimedia products.

______ 1194.25 Self-contained, closed products.

______ 1194.26 Desktop and portable computers.

The standards are available at http://www.access-board.gov/508.htm. The standards do not require the installation of specific accessibility-related software or the attachment of an assistive technology device, but merely require that the Electronic and Information Technology (EIT) be compatible with such software and devices so that it can be made accessible, if so required by the agency, in the future.

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

Electronic documents with images:

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

Electronic documents with complex charts or data tables:

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

Electronic documents with forms:

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

H.8 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.9 DISSEMINATION OF CONTRACT INFORMATION

The Contractor shall not publish, permit to be published, or distribute information, oral or written, concerning the results or conclusions made pursuant to the performance of this contract, without the prior written consent of the Contracting Officer. The COR and the Contracting Officer shall be afforded the opportunity to review all Contractor communications and/or correspondence with the media regarding this effort at least 72 hours prior to public release. An electronic copy of any material proposed to be published or distributed shall be submitted to the Contracting Officer, and the COR.

SECTION I

CONTRACT CLAUSES

I.1 FEDERAL ACQUISITION REGULATION (FAR) CLAUSES

52.202-1 Definitions. (NOV 2013)

52.203-3 Gratuities. (APR 1984)

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

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

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

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

(MAY 2014)

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

52.203-12 Limitation on Payments to Influence Certain Federal Transactions. (OCT 2010)

52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights. (APR 2014)

52.203-99, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements. (FEB 2015) (DEVIATION)

(a) The Contractor shall not require employees or subcontractors seeking to report fraud, waste, or abuse to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(b) The contractor shall notify employees that the prohibitions and restrictions of any internal confidentiality agreements covered by this clause are no longer in effect.

(c) The prohibition in paragraph (a) of this clause does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(d)(1) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), use of funds appropriated (or otherwise made available) under that or any other Act may be prohibited, if the Government determines that the Contractor is not in compliance with the provisions of this clause.

(2) The Government may seek any available remedies in the event the contractor fails to comply with the provisions of this clause.

(End of clause)

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper. (MAY 2011)

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards. (OCT 2015)

52.204-13 System for Award Management Maintenance. (JUL 2013)

52.204-18 Commercial and Government Entity Code Maintenance. (JUL 2015)

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

52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment. (OCT 2015)

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

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations. (NOV 2015)

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

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

52.215-14 Integrity of Unit Prices. (OCT 2010)

52.215-15 Pension Adjustments and Asset Reversions. (OCT 2010)

52.215-18 Reversion or Adjustment of Plans for Postretirement Benefits (PRB) Other Than Pensions.

(JUL 2005)

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

52.216-7 Allowable Cost and Payment (JUN 2013) (Fill-in: 30th day)

52.217-8 Option to Extend Services. (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within the contract period of performance.

(End of clause)

52.217-9 Option to Extend the Term of the Contract. (MAR 2000)

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

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

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 26 months.

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

(a) Definitions. As used in this clause-

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

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

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

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

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

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

(3) For long-term contracts-

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

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

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

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

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

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

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

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

52.222-3 Convict Labor. (JUN 2003)

52.222-19 Child Labor—Cooperation with Authorities and Remedies (FEB 2016)

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

52.222-26 Equal Opportunity. (APR 2015)

52.222-35 Equal Opportunity for Veterans. (OCT 2015)

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

52.222-37 Employment Reports on Veterans. (FEB 2016)

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

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

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

52.222-54 Employment Eligibility Verification. (OCT 2015)

52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts. (SEP 2013)

52.223-6 Drug-Free Workplace. (MAY 2001)

52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving. (AUG 2011)

52.225-13 Restrictions on Certain Foreign Purchases. (JUN 2008)

52.227-1 Authorization and Consent. (DEC 2007)

52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement. (DEC 2007)

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

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

52.227-16 Additional Data Requirements. (JUN 1987)

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

52.232-1 Payments. (APR 1984)

52.232-8 Discounts for Prompt Payment. (FEB 2002)

52.232-11 Extras. (APR 1984)

52.232-17 Interest. (MAY 2014)

52.232-23 Assignment of Claims. (MAY 2014)

52.232-25 Prompt payment. (JUL 2013)

52.232-33 Payment by Electronic Funds Transfer - System for Award Management. (JUL 2013)

52.232-39 Unenforceability of Unauthorized Obligations. (JUN 2013)

52.232-40 Providing Accelerated Payments to Small Business Subcontractors. (DEC 2013)

52.233-1 Disputes. (MAY 2014)

52.233-3 Protest after Award. (AUG 1996)

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

52.242-1 Notice of Intent to Disallow Costs. (APR 1984)

52.242-13 Bankruptcy. (JUL 1995)

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

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

52.244-6 Subcontracts for Commercial Items. (FEB 2016)

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

52.248-1 Value Engineering. (OCT 2010)

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

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

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

52.251-1 Government Supply Sources. (APR 2012)

52.252-2 Clauses Incorporated by Reference. (FEB 1998)

This Contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address: www.acquisition.gov.

http://www.acquisition.gov/

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

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.

(b) The use in this solicitation or contract of any Department of Transportation (DOT) Acquisition Regulation (TAR) (48 CFR Chapter 12) clause with an authorized deviation is…