RFP_DTFH6117R00019_Final.pdf

DTFH6117R00019

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 CONTRACT SUMMARY

The Contractor shall furnish all facilities, materials, and personnel, and shall perform all services necessary to perform the tasks described herein under this contract entitled, “Calibration, Certification, and Verification of Transverse Pavement Profile Measurements.”

B.2 CONTRACT PRICING

This is a cost-plus-fixed-fee contract with a maximum total potential estimated amount of $(TBD - to be filled in at award), which consists of a total potential estimated cost of $(TBD - to be filled in at award), and a total potential fixed fee of $(TBD - to be filled in at award), as presented below.

Total Estimated Cost-Plus-Fixed-Fee

(Amounts TBD - to be filled in at award)

Contract Line Item Number (CLIN)

Estimated Cost

Fixed Fee

TOTAL

001 Tasks 1 – 4 002 Task 5 003 Task 6 004 Task 7

Total

NOTE: The Contractor is authorized to perform CLIN 001 on the effective date of the contract. The Contractor shall not proceed with CLINs 002, 003, or 004 without express written authorization to proceed from the Contracting Officer (CO). In the event the CO does not authorize the Contractor to proceed with CLINs 002, 003, or 004, the Contractor will not be eligible to receive the Fixed Fee for the CLINs not performed. The Contractor shall not exceed the estimated cost per CLIN without express written authorization from the CO. Costs to perform a CLIN in excess of the CLIN estimated cost are not eligible for reimbursement.

TRAVEL: All travel shall be reimbursed at cost in accordance with the Travel and Per Diem clause (reference Section G). Unless otherwise approved in writing by the CO, the unloaded cost of travel and per diem shall not exceed $(TBD - to be filled in at award).

This cost is included in the total estimated cost stated above.

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 BACKGROUND

Transportation agencies perform pavement condition surveys in order to assess the performance of the road surface and determine the maintenance and rehabilitation actions necessary to provide a safe, reliable, and functional roadway. One of the most important components of the condition survey is the evaluation of the transverse pavement profile.

Transverse profile measurements are used to:

- Indicate where rutting and shoving of the pavement surface is occurring.

- Locate edge drop-off.

- Quantify rut area and water depth potential in ruts.

- Determine pavement cross slope.

- Evaluate pavement drainage.

- Plan pavement grinding projects.

Transportation agencies conduct pavement condition surveys via agency owned equipment or contracted services. This data collection is carried out with systems that operate at the prevailing speed limit. There is a need for transportation agencies to have practical and efficient methods and procedures to determine the precision and accuracy of transverse profile measurements from agency owned equipment or contractors. The process of verifying these measurements can usually be put into two categories: 1) using a device/method to survey the dimensions of a known object, or 2) performing a transverse profile measurement using a reference device and comparing the reference measurements with measurements from the survey device.

The evaluation of precision and accuracy of a measurement system can be complicated because there may be different points in the flow of the measurement process where calibration, certification, and verification may be performed. Attachment A shows this concept, using the measurement of International Roughness Index (IRI) as an illustrative example. The requirements for the system are developed left to right in the diagram, and the measurement process flows right to left. The diagram shows four different levels (A, B, C, D) where a calibration/certification/verification assessment could be performed.

As part of this contract, the Contractor shall consider at what level(s) in the measurement process the calibration/certification/verification should be performed for transverse pavement profile.

C.2 OBJECTIVE

The objective of this project is to provide transportation agencies with the information necessary to monitor and evaluate pavement testing programs that include transverse pavement profile. At a minimum, the methods and procedures developed by the Contractor under this contract shall provide the transportation agency with the ability to:

• Determine the precision and accuracy of (highway speed) transverse pavement profile measurements, and evaluate if the precision and accuracy are within recommended guidelines and reasonable operating parameters.

• Determine if two or more measurement systems are providing results within tolerances (e.g., if multiple pieces of equipment are performing a survey, are they all providing the same results, and how often should the results be compared).

• Determine if measurements taken at different points in time are providing consistent results within tolerances, and how often should the results be evaluated.

C.3 SCOPE OF WORK

The scope of this contract is to develop calibration/certification/verification methods and procedures to evaluate the precision and accuracy of transverse pavement profile measurements that are collected at the prevailing speed limit. These methods and procedures may involve subsystem components as well as system level assessments.

The Contractor shall develop methods and procedures that are traceable, objective, practical, and transparent. Specifically, the Contractor shall ensure that the methods and procedures are developed in an open and transparent manner to ensure results are independent and do not include a commercial bias towards the Contractor. As necessary, the Contractor shall implement clear and proactive steps to mitigate and/or remove any bias or favoritism that may exist, or be perceived to exist, in the outcomes.

The methods shall also be consistent with the concepts of American Association of State Highway and Transportation Officials (AASHTO) PP 70-10 Collecting the Transverse Pavement Profile, and PP 69-10 Determining Pavement Deformation Parameters and Cross Slope from Collected Transverse Profiles.

The Contractor shall address the following key questions as a minimum:

• What are the data requirements for all practical applications of transverse profile? Compare data requirements with data collection technology. (Note:

This will be an iterative process. See Attachment A for concept.)

• How can transverse profile measurements be compared to a “ground truth”?

• How often is transverse profile to be measured and recorded?

• At what stages in the measurement process should calibration/certification/verification of the measurements be performed?

• What tolerances should be recommended for implementation by transportation agencies?

• What data format and metadata should be used for recording transverse profile data? (Note: The Contractor shall coordinate with FHWA purchase order #DTFH6115P00103, Development of Standard Data Format for 2-Dimensional and 3-Dimensional (2D/3D) Pavement Image Data that is used to determine Pavement Surface Condition and Profiles)

• Transverse width of profile? How wide of a profile is necessary (e.g. edge drop off)?

• If a reference measurement device is used, how should horizontal “wander” be controlled?

• How can the shape of the transverse pavement profile be evaluated for accuracy?

• How frequently should equipment be calibrated/certified?

• How can positional information (e.g. pavement images, GPS data) be used to characterize the wander of the data collection vehicle while making repeated measurements?

• What practical issues exist for an agency to conduct calibration/certification/verification procedures – resources, cost, complexity, pavement surfaces, etc.?

C.4 DELINEATION OF TASKS

NOTE: The project will be conducted in three phases. Based on the results of Phase I, the CO will consider providing the Contractor authorization to conduct Phase II. Based on the results of Phase II, the CO will consider providing authorization to conduct Phase III.

The CO will authorize Task 7 as needed.

Phase Purpose

Tasks

I Collect information on data requirements for all practical applications of transverse pavement profile for pavement engineering and/or management, evaluate past efforts to calibrate/certify/verify transverse pavement profile measurements, recommend transverse pavement profile data requirements to pursue in Phase II, and develop a plan to conduct Phase II.

Tasks 1 – 4

II Develop calibration/certification/verification methods and procedures to evaluate the precision and accuracy of identified transverse pavement profile data identified in Phase I that are collected at the prevailing speed limit.

Task 5

III Develop methods and procedures to evaluate the precision and accuracy of transverse pavement profile data identified in Phase II as requiring further investigation.

Task 6

N/A Develop Final Report of recommended protocols in the appropriate format for AASHTO standards.

Task 7

Key milestones and deliverable dates for all tasks are provided in a summary table in Section F, paragraph entitled, “KEY MILESTONES AND DELIVERABLES.”

TASK 1: KICK OFF MEETING

The Contractor shall coordinate and conduct a kickoff meeting via web conference with the FHWA Contracting Officer’s Representative (COR) to review the scope of work, delivery schedule, roles and responsibilities, and establish communication protocols. The Contractor shall present their technical approach to performing the work. Following the meeting, the Contractor shall prepare and submit to the COR a draft meeting summary for review. The Contractor shall update the draft to incorporate and address any edits/comments provided by the COR, then submit the final meeting summary.

TASK 2: LITERATURE REVIEW AND INFORMATION GATHERING

The Contractor shall perform a literature review and obtain information from such sources as the state highway agencies participating in TPF-5(299) pooled fund study, international road management organizations, and industry, on applications of transverse pavement profile for pavement engineering/management decision making, data requirements for transverse pavement profiles for all practical applications, comparison of data requirements with data collection technologies, efforts to calibrate/certify/verify transverse pavement profiles, current and expected near term (within 10 years) technologies to collect transverse pavement profiles at highway speeds.

NOTE: See paragraph H.9 OMB Paperwork Reduction Act for limitations on collection of information from non-Federal entities.

TASK 3: RECOMMENDATIONS FOR PHASE II WORK

The Contractor shall recommend in writing, with justification showing how the decision was made, the transverse pavement profile data requirements to pursue in Phase II.

NOTE: FHWA anticipates the analysis will include an iterative process as conceptually depicted in Attachment A.

TASK 4: DRAFT AND FINAL PHASE 1 REPORT

The Contractor shall prepare and submit a Phase I Draft Report incorporating work accomplished in Tasks 2 and 3 along with a proposed plan to conduct Phase II. The plan to conduct Phase II shall include key milestones and time frames to conduct Phase II within a performance period of no more than 9 months. The Contractor shall update the draft report to incorporate and address any edits/comments provided by the COR, then submit the Phase I Final Report.

TASK 5: PHASE II - DEVELOP METHODS AND PROCEDURES

NOTE: The Contractor shall not proceed with this Task without express written approval of the Contracting Officer.

The Contractor shall develop calibration/certification/verification methods and procedures to evaluate the precision and accuracy of Phase I identified transverse pavement profile data that are collected at or near the prevailing speed limit.

The Contractor shall develop methods and procedures that are traceable, objective, practical, and transparent. Specifically, the Contractor shall ensure that the methods and procedures are developed in an open and transparent manner to ensure results are independent and do not include a commercial bias towards the Contractor. As necessary, the Contractor shall implement clear and proactive steps to mitigate and/or remove any bias or favoritism that may exist, or be perceived to exist, in the outcomes.

NOTE: The evaluation of precision and accuracy of a measurement system can be complicated because there may be different points in the flow of the measurement process where calibration, certification, and verification may be performed. See Attachment A as a conceptual example.

The Contractor shall submit a report on the results of experiments. Where experiments are conclusive, the Contractor shall recommend calibration/certification/verification protocols that are ready for implementation. Where further investigation is needed, the Contractor shall recommend a plan to address outstanding items in Phase III.

The Contractor shall prepare and submit a Phase II Draft Report incorporating work accomplished in Task 5 along with a proposed plan to conduct Phase III. The plan to conduct Phase III shall include key milestones and time frames to conduct Phase III within a performance period of no more than 6 months. The Contractor shall update the draft report to incorporate and address any edits/comments provided by the COR, then submit the Phase II Final Report.

TASK 6: PHASE III - DEVELOP METHODS AND PROCEDURES

NOTE: The Contractor shall not proceed with this Task without express written approval of the Contracting Officer.

The Contractor shall develop methods and procedures to evaluate the precision and accuracy of transverse pavement profile data identified in Phase II as requiring further investigation.

The Contractor shall develop methods and procedures that are traceable, objective, practical, and transparent. Specifically, the Contractor shall ensure that the methods and procedures are developed in an open and transparent manner to ensure results are independent and do not include a commercial bias towards the Contractor. As necessary, the Contractor shall implement clear and proactive steps to mitigate and/or remove any bias or favoritism that may exist, or be perceived to exist, in the outcomes.

The Contractor shall submit a report on the results of experiments and recommend calibration/certification/verification protocols for the identified transverse pavement profile data.

The Contractor shall prepare and submit a Phase III Draft Report incorporating work accomplished in Task 6. The Contractor shall update the draft report to incorporate and address any edits/comments provided by the COR, then submit the Phase III Final Report.

TASK 7: DOCUMENT RECOMMENDED PROTOCOLS

NOTE: The Contractor shall not proceed with this Task without express written approval of the Contracting Officer.

The Contractor shall prepare and submit a Draft Report of Recommended Calibration/Certification/Verification Protocols to allow transportation agencies to implement the protocols to evaluate the accuracy of transverse pavement profile measurements in the appropriate format for AASHTO. The Contractor shall update the Draft Report to incorporate and address any edits/comments provided by the COR, then submit the Final Report.

C.5 QUARTERLY PROGRESS REPORTS

The Contractor shall submit progress reports to the COR and the CO. These reports shall be submitted on a quarterly basis by the 15th of the month following the quarter being reported. The reports shall include the following items as a minimum:

(a) A description of the work performed under each Task during the reporting period.

(b) A description 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.

(d) A financial summary of costs incurred by CLIN, for both the reporting period and cumulative, compared to the budgeted amount for the reporting period and cumulative. The financial summary shall include a delineation of cost elements such as labor, travel, subcontractor costs, and indirect costs as applicable.

C.6 REQUIREMENTS FOR IMPLEMENTING SECTION 508 STANDARDS

NOTE: Quarterly Progress Reports are not required to be Section 508 compliant.

The following requirements apply to final technical deliverables or other documents delivered to the USDOT as final deliverables under this contract. Final technical deliverables, and other documents as so designated, must meet the requirements of Section 508 of the Rehabilitation Act of 1973, as amended. 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.

See Section 508 of the Rehabilitation Act (http://www.access-board.gov/508.htm) and the Federal IT Accessibility Initiative (Home Page) (http://www.section508.gov/) for detailed information.

The USDOT has determined that the accessibility requirements contained in section 1194.22, “Web-based intranet and internet information and applications,” apply to this work. The standards are available at http://www.access-board.gov/sec508/guide/index.htm. The following paragraphs summarize the requirements for preparing final technical deliverables in conformance with Section 508 for eventual posting by USDOT to a USDOT-sponsored Web site. If you have further questions, please contact the USDOT contracting officer’s technical http://www.access-board.gov/508.htm http://www.section508.gov/ http://www.access-board.gov/sec508/508%20standards.htm representative listed in this contract.

Electronic documents with images Provide a text equivalent for every non-text element in all publications or reports prepared in electronic format. For all documents prepared, vendors must prepare one standard MS Word publication/report document AND one MS Word document containing ONLY the “text equivalents for nontext elements,” which 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 within a publication or report, whenever possible, create simple tables with one header row rather than complex tables with nested header rows. 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 for online completion, 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.

C.7 PUBLICATION AND DOCUMENTATION REQUIREMENTS

Unless otherwise authorized by the CO, final reports shall be prepared in accordance with the latest version of the Turner-Fairbank Highway Research Center Research, Development, and Technology Communications Reference Guide available online at https://www.fhwa.dot.gov/publications/research/general/03074/, the Federal Highway Administration’s (FHWA’s) Publications and Printer Handbook, and the latest version of the United States Government Printing Office Style Manual.

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 Contractor name, contract number, and item identification.

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 designated COR is responsible for inspection and acceptance of all incoming shipments, documents, and services.

E.3 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 these addresses: https://www.acquisition.gov/far/ (the Official General Services Administration (GSA) Site of the Federal Acquisition Regulations (FAR)).

(End of Clause)

E.4 52.246-9 INSPECTION OF RESEARCH AND DEVELOPMENT (Short

Form) (APR 1984) https://www.acquisition.gov/far/

SECTION F - DELIVERIES OR PERFORMANCE

F.1 PERIOD OF PERFORMANCE

All work and services required under this contract shall be completed on or before 36 months from the effective date of the contract.

F.2 PLACE OF PERFORMANCE

All work performed under this contract shall be performed at the selected Contractor’s facilities, other Contractor-approved locations, or as designated in the Statement of Work.

F.3 PLACE OF DELIVERY

The Contractor shall submit all required deliverables, progress reports and documents in electronic format by email, referencing the contract number, to the following email addresses. In the event a shipment is necessary for delivery, the Contractor shall use the following mailing addresses.

Contracting Officer (CO): US Department of Transportation

Federal Highway Administration Office of Acquisition and Grants Management 1200 New Jersey Avenue, SE, Room E62-204 Washington, DC 20590

Attn: [Name and Email address to be filled in at award]

Contracting Officer’s Representative (COR):

US Department of Transportation

Federal Highway Administration Resource Center 10 S. Howard Street, Suite 4000

Baltimore, MD 21201 Attn: [Name and Email address to be filled in at award]

F.4 KEY MILESTONES AND DELIVERABLES

Key milestones and deliverables are shown below. All deliverables shall be submitted via email in MS Word and Adobe Acrobat formats, unless otherwise agreed to by the COR.

The COR estimates providing comments on all Contractor written draft deliverables as needed within 60 days of receipt of the deliverables. The Contractor shall submit a revised document, to address and incorporate the COR’s comments. The Contractor shall submit the revised documents within 15 days after receipt of the COR’s comments.

Schedule of Deliverables

Task Deliverable Due Date Phase I Task 1 - Kickoff Meeting

Coordinate & Conduct Within 20 days from the Effective Date of Award

Draft Summary Report

(COR will provide contractor edits/comments)

Within 7 days from the Kick-Off Meeting

Final Summary Report Within 7 days from receiving the COR’s edits/comments

Phase I Task 4 – Transverse Profile Data Requirements and Phase II work plan

Draft Report – Summarizing Task 2 literature, agency, and industry reviews and Task 3 recommended data requirements and Phase II work plan.

(COR will provide contractor edits/comments)

Within 3 months from the Effective Date of Award

Final Report Within 15 days from receiving the COR’s edits/comments

Phase II, Task 5 – Recommended Calibration/Certification/Verification Protocols, Experiment Results, and Phase III work plan

Draft Report - Summarizing Task 5 Recommended Calibration/Certification/Verification Protocols, Experiment Results, and Phase III work plan (COR will provide contractor edits/comments)

Phase II authorization will include time frame to conduct Phase II. Maximum time frame not to exceed 9 months from Phase II authorization to start

Final Report Within 15 days from receiving the COR’s edits/comments

Phase III, Task 6 - Recommended Calibration/Certification/Verification Protocols and Experiment Results

Draft Report - Summarizing Task 6 Recommended Calibration/Certification/Verification Protocols and Experiment Results, (COR will provide contractor edits/comments)

Phase III authorization will include time frame to conduct Phase III. Maximum time frame not to exceed 6 months from Phase III authorization to start

Final Report Within 15 days from receiving the COR’s edits/comments

Task 7 - Calibration/Certification/Verification protocols in AASHTO format

Draft Report - Calibration/Certification/Verification protocols in AASHTO format (COR will provide contractor edits/comments)

Within 2 months after Task 7 authorized to start

Final Data Standards in AASHTO format

Within 15 days from receiving the COR’s edits/comments

N/A Quarterly Progress Reports By the 15th of the month following the quarter being reported

NOTE: FINAL TECHNICAL DELIVERABLES SHALL BE SECTION 508

COMPLIANT UNLESS OTHERWISE DIRECTED BY THE COR. SEE SECTION

C FOR SECTION 508 COMPLIANCE INFORMATION.

F.5 52.242-15 STOP-WORK ORDER (AUG 1989) -- ALTERNATE I (APR

1984)

F.6 52.247-34 F.O.B. DESTINATION (NOV 1991)

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 FUNDS AVAILABLE

(a) Currently, funds in the amount of $(to be filled in at award) are obligated to this contract.

(b) The balance of funding under this contract may be obligated subject to availability of funds and formal modification to this contract by the CO.

(c) The clause entitled “LIMITATION OF FUNDS” applies to this contract. Any notification required on the part of the Contract shall be made in writing to the CO.

In the event that the contract is not funded beyond the estimated cost set forth in the schedule, the Contractor shall deliver to the CO the data collected and the material produced or in process or acquired in connection with the performance of the project provided herein together with a summary report of its progress and accomplishments to date.

G.2 PAYMENT – COST REIMBURSEMENT

(a) The Contractor may be reimbursed for direct and indirect costs incurred in the performance hereof as are allowable under the provisions of Part 31 of the Federal Acquisition Regulation, in accordance with the amount listed in Section B, subject to the Limitation of Funds Clause.

(b) The Contractor may request monthly interim payments for costs incurred during the performance of the contract. See the “Invoices” section for submittal instructions. A statement of costs incurred by the Contractor in the performance of tasks under this contract and claimed to constitute allowable costs shall support each monthly interim payment request. Each monthly interim payment request shall be submitted in accordance with "Instructions for Completing the Public Voucher SF 1034" (See Section J, Attachments) to be considered proper for payment.

(c) In accordance with clause 52.232-25, "Prompt Payment," monthly interim payments will be made by the 30th day following receipt of proper request for payment by the designated billing office, unless audit or other review is considered necessary to ensure compliance with the terms and conditions of the contract. All interim payments hereunder will be made upon further determination by the Contracting Officer that the Contractor is making adequate progress toward successful contract completion and that the Contractor is complying with the requirements of the contract.

(d) Final invoice payment shall be made upon the Contracting Officer’s determination that all contract requirements have been completed. The payment due date for final invoice shall be established in accordance with the clause 52.232-25.

G.3 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 – DTFH6117C00033 – 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 mailto:9-AMC-AMZ-FHWA-Invoices@faa.gov

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

Note: All three invoice submission options described above (e-mail, U.S. Postal Service or overnight service) result in the delivery of the invoice to the same finance office in Oklahoma City, OK.

Note: The prime and subcontractors shall submit all labor and other direct expenses for invoicing within 60 days after occurrence. All person-travel documents (airfare, rental car, hotel, per Diem, and other direct expenses incurred during travel) associated with the same trip must be contained in the same invoice.

G.4 TRAVEL AND PER DIEM

Travel and Per Diem under this contract shall be reimbursed in accordance with the Government Travel Regulations currently in effect. In lieu of Government Travel Regulations prime contractors and subcontractors who are educational institutions shall comply with the requirements of FAR 31.3, Contracts with Educational Institutions.

Travel requirements under this contract shall be met using the most economical form of transportation available. If economy class transportation is not available, the request for payment voucher must be submitted with justification for use of higher class travel indicating dates, times, and flight numbers. All travel shall be scheduled sufficiently in advance to take advantage of offered discount rates, unless authorized by the Contracting Officer.

G.5 INDIRECT COSTS

Pending the establishment of final indirect cost rates which shall be negotiated based on audit of actual costs as provided in Subpart 42.7 of the Federal Acquisition Regulation, the Contractor shall be reimbursed for allowable indirect costs hereunder at the provisional indirect billing rate(s) of:

(to be filled in at award)

This INDIRECT COST provision does not operate to waive the LIMITATION OF FUNDS Clause. The Contractor's audited final indirect costs are allowable only insofar as they do not cause the Contractor to exceed the total estimated amounts for performance of the contract listed on page 2 (SECTION B) or the ceiling rates listed herein.

Any provisional indirect rates negotiated under this contract for billing purposes shall remain in effect until revised rates have been approved in writing by the CO or by the Contractor’s cognizant Federal agency if applicable. The Contractor shall request new provisional billing rates in writing.

G.6 SUBCONTRACTS - ADVANCE NOTIFICATION AND CONSENT

Under this contract, the requirements of FAR 44.2, CONSENT TO SUBCONTRACTS, have been fulfilled for the following subcontracts:

(to be filled in at award)

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.7 TAR 1252.237-73 KEY PERSONNEL (APR 2005)

(a) The personnel as specified below are considered essential to the work being performed under this contract and may, with the consent of the contracting parties, be changed from time to time during the course of the contract by adding or deleting personnel, as appropriate.

(b) Before removing, replacing, or diverting any of the specified individuals, the Contractor shall notify the Contracting Officer, in writing, before the change becomes effective. The Contractor shall submit information to support the proposed action to enable the contracting officer to evaluate the potential impact of the change on the contract. The Contractor shall not remove or replace personnel under this contract until the Contracting Officer approves the change.

The Key Personnel under this Contract are:

Position Staff Member Principal Investigator (PI) To be filled in at award

G.8 PROFESSIONAL STAFFING

The Contractor agrees to assign the following professional staffing to this contract work:

Position Staff Member To be filled in at award To be filled in at award

In the event the Contractor finds it necessary to replace any of the assigned professional staffing personnel during the performance of the contract, the Contracting Officer shall be notified in advance.

G.9 ACCOUNTING SYSTEM

As required by FAR, the Contractor shall have an adequate accounting system for accounting of costs under cost reimbursement contracts. If the Government finds the Contractor’s accounting system to be inadequate, the Contractor shall have 60 days from written notification from the CO in which to address the identified accounting system deficiencies, or a time period otherwise agreed upon by the CO in writing. Failure to adequately address, or make progress towards addressing, such deficiencies may result in contract termination.

G.10 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

(i) through (vi) 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.11 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.12 CONTRACTING OFFICER’S AUTHORITY

The CO is the only person authorized to make or approve any changes in any of the requirements of this contract, and, notwithstanding any provisions contained elsewhere in this contract, the said authority remains solely in the CO. In the event the Contractor makes any changes at the direction of any person other than the CO, the change will be considered to have been made without authority and no adjustment will be made in the contract terms and conditions, including price.

G.13 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 Principal Investigator 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 Principal Investigator is incapacitated due to illness or injury or otherwise is to be removed by the Contractor during the contract performance, replacement of the incumbent Principal Investigator 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 OR ACQUIRED PROPERTY

Equipment and property 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 and shall be accounted for as provided in TAR 1252.245-70, below:

TAR 1252.245-70 GOVERNMENT PROPERTY REPORTS (OCT 1994)

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

(b) The report shall be submitted to the Contracting Officer not later than

September 15 of each calendar year on Form DOT F 4220.43, Contractor Report of Government Property.

(End of clause)

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 SOURCE CODE FOR SOFTWARE

Notwithstanding any other clause in this contract, the FHWA will have “unlimited rights”, as that term is defined in FAR 27.401, in the software and source code delivered under this contract. As a result, the FHWA may modify and distribute the software and source code to the public without restriction.

H.7 PROTECTION OF INFORMATION AND LIMITATION OF FUTURE

CONTRACTING

a. It is anticipated that in performance of this contract, the Contractor through certain of its employees comprising its Project Team may require access to, or be in receipt of, certain confidential and proprietary information and 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. It is anticipated that during performance of this contract, the Contractor’s Project Team may have access to technical evaluations of other Contractor's offers or products. FAR 9.505-3 provides that contracts shall not generally be awarded to a Contractor that would evaluate, or advise the Government concerning, its own products or activities, or those of a competitor, without proper safeguards to ensure objectivity and protect the Government's interests. These safeguards will be accomplished by restricting future contracting with the Government, as delineated below.

e. The Contractor, when acting through its Project Team, may be restricted in its future contracting with the Government for any service or product which may encompass information acquired under items a and b above that is not publicly available and could give a competitive advantage to the Contractor or would be adverse to the interests of the Government. Accordingly, the Contractor may be ineligible to perform as a prime Contractor, Subcontractor or Consultant, or in any capacity to any supplier under an ensuing Government contract. Any questions on this matter may be immediately addressed to the Contracting Officer.

f. These restrictions do not limit the Contractor's right to use and disclose any information and data obtained from another source without restriction.

g. The Contractor agrees to train its Project Team employees who will have access to such sensitive information in all necessary security procedures and require them to sign non-disclosure statements and certificates attesting to their understanding of the requirements for safeguarding such information.

h. In the event that the Contractor fails to comply with this provision of the contract, the Government may terminate the contract for default.

i. 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.8 RECORDS MANAGEMENT

The Contractor shall comply with all Federal and DOT records management regulations regarding Federal recordkeeping requirements including the creation, maintenance and use, and disposition of records in all media (paper, electronic, audiovisual, Web sites, etc.).

Federal requirements can be located in Title 44, United States Code (USC), Chapter 31, at http://www.archives.gov/about/laws/fed-agencies.html, 44 USC Chapter 33 at http://www.archives.gov/about/laws/disposal-of-records.html, and Title 36, Code of Federal Regulations (CFR), Subchapter B, at http://www.archives.gov/about/regulations/subchapter/b.html.

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