DTFH6117R00040_Sections_A-M_revised_8.2.17.pdf

8 8

Mandy mandy.wylie@dot.gov

(email only)

Sarah Berman x

DTFH6117R00040

SECTION B - Supplies or Services/Prices

B.1 COST PLUS FIXED FEE (CPFF)

The Contractor shall furnish all equipment, travel, materials and personnel necessary to provide the Federal Highway Administration (FHWA) with non-personal services for “Data Collection of Pavement Performance at LTPP Test Sections,” as described in Section C below.

The Total Potential Cost for the performance of this cost plus fixed-fee contract (Base + Options) is $___________.

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 Contracting Officer, the unloaded cost of travel and per diem shall not exceed $325,000.00 for the entire period of performance (Base plus Option Years). This amount is included in the total potential amount of the contract.

B.2 SCHEDULE OF SERVICES – CPFF AND REIMBURSABLE TRAVEL

Schedule of services for “Data Collection of Pavement Performance at LTPP Test Sections.”

CLIN Description Cost Fixed Fee Total

00001

“Data Collection of Pavement Performance at LTPP Test Sections”

Pricing: CPFF Period of Performance: 12 months

00002

OPTION YEAR 1: “Data Collection of Pavement Performance at LTPP Test Sections”

Pricing: CPFF Period of Performance: 12 months

00003

OPTION YEAR 2: “Data Collection of Pavement Performance at LTPP Test Sections”

Pricing: CPFF Period of Performance: 12 months

00004 OPTION YEAR 3: “Data Collection of Pavement Performance at LTPP Test Sections”

CLIN Description Cost Fixed Fee Total

Pricing: CPFF Period of Performance: 12 months

00005

OPTION YEAR 4: “Data Collection of Pavement Performance at LTPP Test Sections”

Pricing: CPFF Period of Performance: 12 months

00006 Travel (to be reimbursed at cost, no fee)

$325,000.00

TOTAL $_________

(End of Section B)

SECTION C - Description/Specifications

C.1 BACKGROUND

The Long-Term Pavement Performance (LTPP) program began in 1987 and is focused on monitoring pavement performance at established test sections in the United States and Canada. Considerable documentation, both programmatic and site specific, has been accumulated. All of the documentation is available electronically at www.InfoPave.gov.

Additional information and documentation about the LTPP program can be found at www.infopave.fhwa.dot.gov.

C.2 OBJECTIVE

The objective of this contract is to provide technical non-personnel services in support of the development and conduct of LTPP studies. The Contractor shall be responsible for all data collection, data processing and data quality for LTPP project sections within the United States and Canada. The Contractor shall also be responsible for closeout of the operations at the end of the contract and the transition of Government Furnished Property (GFP) to their facility after award of the contract. For this requirement, FHWA is awarding one contract for all four LTPP regions: North Atlantic, North Central, Southern and Western.

C.3 SCOPE

The Contactor shall provide all personnel, equipment (except as outlined in Section H, Government Furnished Property), tools, materials, supervision and other items and services necessary to provide technical support to the LTPP Program as defined in the Statement Work.

The scope of this contract includes the collection of site-specific data from LTPP test sections or other test sections of importance to FHWA, the coordination of data collection efforts of other Contractors and highway agencies, quality control of data collection procedures and data, and the entry of data into the Pavement Performance Database and the Ancillary Information Management System. It is anticipated that data will be collected from approximately 100 to 130 test sections per year. Except for SPS-10 projects and SPS-2 projects all other test sections will be closed out after they are visited for performance data collection.

The Contractor shall also be responsible for closeout of the operations at the end of the contract. At the end of this contract, the Contractor shall return all files, data and equipment that is the property of FHWA to the Contracting Officer’s Representative (COR). These efforts must conform to all standards and technical directives issued by the LTPP program. LTPP directives can be found at www.infopave.fhwa.dot.gov.

C.4 DETAILED REQUIREMENT

The Contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, http://www.infopave.gov/ http://www.infopave.fhwa.dot.gov/ materials, supervision, and other items and non-personal services necessary to perform the following tasks:

PROGRAM MANAGEMENT

Program management shall extend over the entire period of performance of this effort. Shortly after contract award, the Contractor shall attend a “Kick-Off” meeting via teleconference or webinar with the COR to ensure that all parties have a common understanding of the statement of work (SOW) requirements and project expectations. This Kick-Off meeting shall be held within 10 business days after the effective date of the contract.

TASK A – TESTING AND FIELD DATA COLLECTION

NOTE: Quality, uniform and timely pavement performance data collection is essential to the LTPP program.

While the Contractor shall be responsible for data collection under this contract, the participating State and Provincial Highway Agencies are responsible for providing traffic control that may be required for the Contractor’s data collection activities. The frequency and procedures for data collection are established in LTPP Directives and are subject to adjustment.

Please see the directives for more detailed information and references on data collection.

During contract performance, the FHWA and the participating State and Provincial Highway Agencies will make every attempt to schedule in advance the necessary data collection activities. However, situations may require fast mobilization to perform unscheduled data collection. Therefore, the Contractor shall perform emergency data collection when required by unusual conditions (e.g., unexpected maintenance, stringent schedules for monitoring devices, etc.).

The Contractor shall work with the states to maintain the test sections including signs and markings until the end of the contract, unless otherwise directed by the COR. It is anticipated that data will be collected from approximately 100-130 test sections per year. The Contractor shall cross train employees on data collection so that there are at least two individuals trained on data collection activities under Task A.

The Contractor shall perform the following data collection activities.

1. Deflection Testing – Deflection testing will only occur if there are gaps in the data or is needed on a SPS-10 project. All falling weight deflection (FWD) testing must be approved by the COR. The Contractor shall use FWD equipment provided by the FHWA to collect deflection information as required. The Contractor shall collect this information electronically using specifically modified computer programs for the LTPP program. In addition, the Contractor shall provide qualified personnel to perform the testing and data processing and perform maintenance as described in the FWD manual.

2. Profile Testing – The Contractor shall collect profile and texture data as described in the current monitoring directive using profilers provided by the FHWA. The Contractor shall collect data electronically and process it using specifically modified computer programs for the LTPP program. The Contractor shall provide qualified personnel to perform the testing and data processing. On sections where the Contractor is unable to obtain profile measurements with the profiler, due to inability to mobilize the profiler or operational limitations caused by conditions at the section, the Contractor shall utilize a FACE® Dipstick to collect profile data.

FHWA will provide this equipment.

3. Distress Surveys – The Contractor shall collect distress data by conducting manual distress data collection in accordance with current directives found at http://infopave.fhwa.dot.gov.

Per the LTPP directives, all individuals conducting distress surveys must be accredited by FHWA.

The LTPP program will conduct a Distress Surveyor Accreditation Workshop within 60 days of the effective date of the contract. The LTPP program uses the Distress Identification Manual, FHWA-RD-03-031, as modified for use in LTPP by directive, which can be found on http://infopave.fhwa.dot.gov. Unless approved by the COR, distress surveys will be carried out by the profile operator who should be an accredited distress rater. Distress, profile, and texture will be collected during a single visit except as approved by the COR.

4. Traffic Data Collection - The Contractor shall process into the LTPP database all traffic data provided to the Contractor by the State and Provincial Highway Agencies or from FHWA installed weigh-in motion systems. The Contractor shall process the data using LTPP traffic software, which is provided by the Government. The Contractor shall process the data upon receipt from the State. The data will be provided to the Contractor on a weekly, monthly, semi-annual or annual basis depending on the State. The Contractor shall process GPS traffic data on active sections or as approved by the COR. The Contractor shall not process new traffic data for GPS test sections that are closed-out unless approved by the COR.

5. Maintenance and Rehabilitation – The Contractor shall provide the appropriate LTPP data collection forms to the appropriate local transportation agencies. The Contractor shall also assist the agencies in completion of the forms, and process the information into the LTPP database.

NOTE: Participating local transportation agencies are responsible for providing maintenance and rehabilitation data on LTPP test sections. The collection forms can be found under the directives on www.infopave.gov.

6. Materials Testing and Sampling – The Contractor shall work with the states and the COR to accomplish the required tests on materials obtained from test sections per the directives. The materials tests will be performed by either the state or a material testing Contractor under contract with FHWA. The Contractor may be required to ship materials the Material Reference Library (MRL) in Reno, NV should it be determined to delay the material tests. For materials testing associated with the any new LTPP Experiments the Contractor shall collect all materials as described in the experiment documentation and ship the materials either to the Material http://infopave.fhwa.dot.gov/ http://infopave.fhwa.dot.gov/ http://www.infopave.gov/

Testing Contractor or to the MRL. The Contractor shall also enter all required data into the LTPP Materials tracking system.

7. New LTPP Experiment Construction – The Contractor shall follow the guidelines for the new LTPP experiment and work with the states to layout the approved test sections, complete all inventory forms, conduct preconstruction test and materials samples, observe and document construction of all SPS-10 test sections and sample materials for testing and storage. The Contractor will follow the guidelines developed for the SPS-10 experiment. After the test sections for a state have been constructed the Contractor shall develop an SPS-10 construction report in accordance with the SPS-10 documentation.

Task B – Data Handling and Database Management

Pavement performance data is the heart of the LTPP program. Under this contract, the Contractor shall load new data into the Pavement Performance Data Base (PPDB) using the LTPP Data Entry Portal (LDEP) and load Ancillary Information Management System (AIMS) data into the AIMS Data Entry Portal (ADEP). The Contractor shall have the ability to store 20 terabytes of data.

The Contractor shall perform the following:

1. Data Processing – The Contractor shall perform data reduction and data input for all test sections, for incorporation into the PPDB or into AIMS using Contractor computers. The Contractor shall process all performance monitoring tests and data obtained by the Contractor as well as all data provided to the Contractor by other LTPP Contractors and participating local agencies.

2. Data Quality Control (QC) Process – The Contractor shall perform quality assurance/quality control checks on the data to correct and/or adjust the data to advance through the LTPP QC levels. The QC check programs are provided by FHWA and are subject to modifications for improvements to consistency and quality. The Contractor shall make the necessary changes in the QC requirements that may require reprocessing of all affected data elements. Additional information and requirements concerning the LTPP Data QC process may be found at www.infopave.fhwa.dot.gov.

3. Processing Completion Date (PCD) – The Contractor shall have entered all data and resolved all required Data Analysis Feedback Reports (DAFOR) prior to the PCD as stipulated in the most current directive that covers the PCD and Public Data Extraction (PDE).

4. Public File Extraction (PFE) – The Contractor shall have entered all required AIMS data into ADEP by the date specified in the PFE dates directive and in accordance to the filing naming conventions described in the AIMS directive. After the files have been entered and as required by the COR, the Contractor shall send the COR a data extraction summary.

5. Respond to Data Quality Concerns – The Contractor shall address in writing any data quality questions or feedback received in its designated region, and shall provide copies of the written answers to FHWA. In addition, the Contractor shall correct data anomalies and obtain missing critical data from State and Provincial Highway Agencies as required.

NOTE: The LTPP data feedback process generates questions on data quality and consistency from personnel in the LTPP program, other LTPP Contractors, state personnel, etc. The FHWA will determine, based on the questions, who will provide the feedback; i.e. FHWA and/or other FHWA LTPP Contractors, regarding data quality concerns within the Contractor’s designated region. The FHWA anticipates that the Contractor will receive this feedback electronically on specific LTPP data feedback forms.

Task C – Quality Control and Quality Assurance Procedures

Quality of data is of paramount importance to the LTPP program. The Contractor shall play a critical role in establishing and maintaining the quality of the program.

The Contractor shall provide and perform the following:

1. Data Collection Quality Control – The Contractor shall develop and implement a written quality control (QC) program for data collection to ensure compliance with the LTPP processes and procedures. (See Section L for detailed requirements of the QC Plan.)

2. Data Quality Assurance – The Contractor shall cooperate and participate in the LTPP quality assurance (QA) review program. See the directives for details and additional requirements of the LTPP QA program at http://ltpp.org/user_corner.shtml. The Contractor shall provide technical recommendations to the COR to address any minor deficiencies identified in the review within 5 working days of receiving the QA report. If the Contractor receives an unacceptable QA rating, the FHWA will suspend the Contractor’s activities, by written notice from the Contracting Officer, until acceptable adjustments have been implemented and an acceptable QA rating is earned by the Contractor.

TASK D – Coordination and Communications

The LTPP program is a large, complex, national program that works in a team environment.

Coordination and cooperation with a wide range of agencies and other LTPP Contractors on many aspects of the program is required. In addition, effective communication regarding data collection and other LTPP activities is critical to continuous agency participation and support.

The Contractor shall:

1. Assist Participating Agencies – The Contractor shall respond to requests from participating agencies (i.e., local transportation agencies) for assistance in the assembly of required inventory data, design data details, traffic, construction, maintenance, rehabilitation and environment. The Contractor shall inform the COR of the volume of such requests and http://ltpp.org/user_corner.shtml promptly notify the COR and the Contracting Officer (CO) if such requests are interfering with the Contractor’s ability to complete other tasks under this contract.

2. Review and Comment - As requested by FHWA, the Contractor shall provide reviews and comments on LTPP documents and proposed activities.

3. Cooperate and Coordinate with Others – The Contractor shall cooperate and coordinate with the FHWA, National Academy of Sciences, and other Contractors selected to perform work under the LTPP Program including, but not limited to, Data Analysis Contractor and Technical Support Services Contractors. The coordination activities shall include participation in meetings, conferences, workshops, training sessions and other activities as defined by the COR and the CO.

NOTE: Contractor personnel are under no obligation to work in conditions deemed unsafe by the personnel in the field and are responsible for following appropriate safety guidelines and protocols. Field data collection is coordinated by local organizations who are responsible for ensuring that all safety standards and legal requirements are met during data collection on and adjacent to the roadway test sections.

4. InfoPave Data Collection Contractor Information – The Contractor shall maintain an up-to-date web site to communicate LTPP Data Collection operations to participating agencies and other interested parties. The web site shall contain, as a minimum: data collection schedules, Contractor contacts and organization for the LTPP Region. The website will be maintained on the InfoPave website and the Contractor shall work with the InfoPave Contractor to maintain the site.

TASK E – Equipment

The Contractor shall:

1. Maintain Government-Furnished Equipment - The Government will provide the Contractor with GFP as listed in Section H. The Contractor shall provide maintenance and repairs to this equipment as required to maintain operation. The Contractor shall only use the Government-furnished equipment on LTPP projects except when written permission is obtained from the CO and/or the COR.

Preventive Maintenance – The Contractor shall establish and implement a comprehensive preventive maintenance (PM) plan covering the FWD, FWD vans, profilers/profilometers, etc.

PM consists primarily of inspection, cleaning, lubrication, adjustment, calibration, minor parts and components replacement. The PM plan is required to minimize malfunctions, breakdown, and deterioration of equipment. The Contractor shall document in writing all repairs required to bring the equipment up to the manufacturer’s operating standards and provide a copy to the COR. The Contractor shall provide a copy of the transmittal letter to the CO.

The preventive maintenance plan shall include at a minimum, equipment priority, frequency, description of the maintenance to be performed, and an annual PM schedule for all equipment included in the program. The PM plan shall be as recommended by the original equipment manufacturer.

The Contractor shall submit a proposed PM plan to the COR for approval within 60 days of the effective date of the contract, and annually thereafter. The Contractor shall provide to the CO a copy of the transmittal letter. Update this program as necessary to reflect the addition, replacement or removal of equipment and furnish a copy of the updates to the COR.

If the Contractor detects that any Government equipment or component being maintained under the contract is in need of reconditioning, repair, replacement (or disposal), details including cost shall be submitted in writing to the COR. The Contractor shall not undertake or perform any reconditioning, repair or replacement of equipment without prior written authorization from the COR. Upon approval from the COR and notification from the Contracting Officer, the Contractor shall solicit quotations from at least three vendors for any reconditioning, repair, or replacement in excess of $2,500.

All costs of maintenance of the equipment shall be borne by the FHWA, except where the need for maintenance is caused by the negligence of the Contractor’s employees as determined by the COR.

2. Equipment Calibration – The Contractor shall ensure that the Government-furnished testing equipment meets calibration and operating standards (See Note below). Presently, calibration of the FWDs is required at least once a year, and performance checks are periodically required on profilometers and other equipment.

NOTE: Currently FWD calibration centers are located on the facilities of the Texas State Department of Highways and Public Transportation, Austin, Texas; Pennsylvania Department of Transportation, Harrisburg, Pennsylvania; and the Colorado DOT in Denver, CO. There is also a private facility at UC-Davis, Davis CA. The Contractor is required to and shall take the FWDs to the centers for calibration per the FWD operation manual. The Contractor is required to and shall take the profilers to a LTPP profiler rodeo when held.

3. Secured Storage Space – The Contractor shall ensure that the FWD and the profiler equipment is stored and maintained in a secure area that is out of the weather.

Task F – Closeout Activities

Closeout Activities – Within 30 days before the completion date of the contract, ship all paper and electronic files and equipment to either the TFHRC Materials Reference Library (MRL) or as directed by the COR.

Task G – Initial Transition Period

The transition period shall commence on the effective day of the award of a contract and shall last approximately two months or as designated by the Government. During the initial transition period, the Contractor shall become familiar with operations within each Region, including, but not limited to:

1. Test Section location and status

2. Field operations

3. Database operations

4. Files and records

5. State and provincial Contacts

6. Equipment status and location

7. Status of materials testing

8. Status of traffic data collection and processing

The Contractor shall begin data collection during the transition period on or about 1 month after the effective date of the award. The Contractor is responsible for shipping all materials and equipment from the office of the previous Contractor(s) to their office. The Contractor shall be fully operational 30 days after the end of the transitional period.

Startup Activities

The Contractor shall move and re-establish all files and equipment from the existing LTPP Regional office to the new location as pre-approved by the COR. During this period the Contractor shall initiate and accept transfer of equipment, files, and data. The Contractor shall begin such coordination activities on the effective date of the contract. During the transition period, the Contractor shall visit various sites to become familiar with all items that will be transferred.

(End of Section C)

SECTION D - Packaging and Marking

D.1 PACKAGING

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

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

(End of Section D)

SECTION E - Inspection and Acceptance

E.1 ACCEPTANCE

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

E.2 GOVERNMENT ACCEPTANCE PERIOD

Unless stated elsewhere, the COR will have approximately 14 calendar days to review draft deliverables and make comments. The Contractor shall have 10 calendar days to make corrections and return the corrected deliverable to the Government. Upon receipt of the final deliverables, the COR will have approximately 14 calendar days for final review prior to acceptance or providing documented reasons for non-acceptance.

E.3 52.246-5 INSPECTION OF SERVICES – COST-REIMBURSEMENT. (APR 1984)

(End of Section E)

SECTION F - Deliveries or Performance

F.1 52.242-15 STOP-WORK ORDER. (AUG 1989)

F.2 52.242-17 GOVERNMENT DELAY OF WORK. (APR 1984)

F.3 52.247-34 F.O.B. DESTINATION. (NOV 1991)

F.4 PERIOD OF PERFORMANCE

The period of performance is 5 years, including a one year base and 4 one-year options. The total contract performance period shall not exceed 60 months without written authorization from the Contracting Officer.

Base/CLIN 00001: 12 months Option Year 1/CLIN 00002: 12 months Option Year 2/CLIN 00003: 12 months Option Year 3/CLIN 00004: 12 months Option Year 4/CLIN 00005: 12 months Travel/CLIN 00006: 60 months

F.5 DELIVERABLE/DELIVERY SUMMARY

DELIVERABLE Frequency # of Copies Medium/Format 508 Compliance Submit To

Kick off Meeting & meeting minutes

Within 10 days after effective date of contract one (1) electronic copy

MS Word or PDF and PowerPoint N CO & COR

Quality Control Plan 60 days after effective date of contract one (1) electronic copy MS Word N COR & CO

Project Quarterly Reports 15 days after the end of each quarter one (1) electronic copy MS Word N COR & CO

Reviews & Comments on documents & reports

20-40 per year (As required by

COR)

one (1) electronic copy MS Word or PFD N COR

LTPP Program Presentations & Reports

5-10 per year (As required by

COR)

one (1) electronic copy

MS Word or PDF and PowerPoint Y COR

Workshops & Training Sessions 1-10 per year (As required by

COR)

one (1) electronic copy

MS Word or PDF and PowerPoint Y COR

Data Extraction Summaries 1-5 per year (As required by

COR)

one (1) electronic copy MS Word, Excel N COR

Responses to Data Quality Concerns

As required by

COR

one (1) electronic copy MS Word N COR

Preventive Maintenance Plan

60 days after effective date of contract, annually thereafter one (1) electronic copy MS Word or PDF N COR

F.6 PLACE OF DELIVERY

All deliverables, shall be delivered to the COR at the following address:

Fill-in at Award

F.7 PUBLICATION REQUIREMENTS

Draft and 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, the Federal Highway Administration’s (FHWA’s) Publications and Printer Handbook; and the United States Government Printing Office Style Manual.

F.8 PLACE OF PERFORMANCE

The work to be performed under this Contract shall be performed at the Contractor’s facilities.

Exceptions to this is specifically defined meetings (Kickoff Meeting, for example) held at Turner- Fairbank Highway Research Center.

(End of Section F) http://www.fhwa.dot.gov/publications/research/general/03074/index.cfm http://www.fhwa.dot.gov/publications/research/general/03074/index.cfm http://www.fhwa.dot.gov/publications/research/general/03074/index.cfm http://www.fhwa.dot.gov/legsregs/directives/orders/h17104.cfm http://www.gpo.gov/fdsys/search/pagedetails.action?granuleId=&packageId=GPO-STYLEMANUAL-2008

SECTION G - Contract Administration Data

G.1 PAYMENT/COST REIMBURSEMENT

The Contractor may request interim payments for costs incurred during the performance of the contract. 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 interim payment request. Each interim payment request shall be submitted in accordance with the attached, “FHWA Billing Instructions for Cost Reimbursement Contracts” to be considered proper for payment. Prior approval of the Contracting Officer (CO) is required if the Contractor wishes to use a different payment request format.

In accordance with FAR Clause 52.232-25, “Prompt Payment”, 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 CO that the Contractor is making adequate progress toward successful contract completion.

Final invoice payment shall be made upon the CO’s determination that all contract requirements have been completed. The payment due date for final invoice shall be established in accordance with FAR Clause 52.232-25.

In accordance with FAR Clause 52.232-33, the Federal Highway Administration (FHWA) shall only make an electronic reimbursement/payment.

In accordance with FAR Clause 52.204-7, the contractor shall register in the System for Award Management (SAM) database. Failure to register in SAM will prohibit FHWA from making awards to your organization.

G.3 WITHHOLDING OF FEE/PAYMENT

In accordance with FAR 52.216-8 (JUN 2011), entitled "FIXED FEE:"

a. The Government shall pay the Contractor, for performing this contract, the fixed fee amount specified in Section B.

b. Payment of the fixed fee shall be made as specified in Section B, provided that after payment of 85% of the fixed fee, the Contracting Officer may withhold further payment of fee until a reserve is set aside in an amount that the Contracting Officer considers necessary to protect the Government's interest. This reserve shall not exceed 15% of the total fixed fee or $100,000, whichever is less.

c. Notwithstanding any other payment provisions of this contract, failure of the

Contractor to submit required reports when due or failure to perform or deliver required work, supplies, or services, will result in the withholding of payments under this contract unless such failure arises out of causes beyond the control, and without the fault or negligence of the Contractor as defined by the clause entitled "Excusable Delays" or "Default", as applicable. The Government shall promptly notify the Contractor of its intention to withhold payment of any invoice or voucher submitted.

G.4 INDIRECT COST RATES

Pending establishment of final rates for any period, provisional reimbursement will be made based on the provisional rates shown below (as applicable).

Type Cost Center Rate Period Rate Base Provisional Fringe ______% (a) Provisional G&A ______% (b)

NOTE:

(a) applied to:

(b) applied to:

To prevent substantial over or under payment, and to apply either retroactively or prospectively, provisional rates may, at the request of either party, be revised by mutual agreement on an annual basis.

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 set forth in this contract. 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 in Section B.

G.6 TRAVEL AND PER DIEM (COST REIMBURSEMENT)

Travel (other than local) may be expected to occur throughout the duration of the contract.

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

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

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

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

G.7 SUBCONTRACTS – ADVANCE NOTIFICATION AND CONSENT

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

[APPROVED SUBCONTRACTOR NAME TO BE ADDED 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.8 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 35 – DTFH6114D00033 – Contractor Name – Attention: Mandy Wylie

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: Lead Accounting Technician, 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.

G.9 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:

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

(ii) constitutes a change as defined in the contract clause entitled “Changes”;

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

(iv) 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 (iv) 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.10 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 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.11 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.

(End of Section G)

SECTION H - Special Contract Requirements

H.1 REQUIREMENTS FOR IMPLEMENTING SECTION 508 STANDARDS

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

In addition to the work requirements specified in this statement of work, vendors must ensure that all electronic documents that they prepare will meet the requirements of Section 508 of the Rehabilitation Act. The act requires that all electronic products prepared for the Federal Government be accessible to persons with disabilities, including those with vision, hearing, cognitive, and mobility impairments. Vendors can view Section 508 of the Rehabilitation Act (http://www.access-board.gov/508.htm) and the Federal IT Accessibility Initiative (Home Page) (http://section508.gov/) for detailed information.

Applicable Standards:

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

___X_ 1194.21 Software applications and operating systems.

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

_____ 1194.23 Telecommunications products.

_____ 1194.24 Video and multimedia products.

_____ 1194.25 Self-contained, closed products.

_____ 1194.26 Desktop and portable computers.

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

H.2 POST AWARD EVALUATION OF CONTRACTOR PERFORMANCE

Contractor Performance Evaluations

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

(b) The Contractor can elect to review the evaluation and submit additional information or a rebuttal statement. The Contractor will be permitted 60 calendar days to respond. Contractor response is voluntary. If the Contractor does not respond within 60 days, the Government will presume that the Contractor has no comment. Any disagreement between the parties http://www.access-board.gov/508.htm http://section508.gov/ http://www.access-board.gov/508.htm 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.

The Federal Highway Administration utilizes the Contractor Performance Assessment Reporting System (CPARS) to record and maintain past performance information. CPARS is used to document Contractor performance information that is required by Federal Regulations. 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 period. After the FHWA Contract Specialist registers the contract in CPARS, the Contractor will receive a system generated e-mail notifying him/her that the contract is registered. A system generated e-mail will also provide the Contractor with a User ID if the person does not already have a CPARS User ID.

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

Contractors may access evaluations at http://www.cpars.gov/ for review and comment in

CPARS.

H.3 GOVERNMENT FURNISHED OR CONTRACTOR ACQUIRED PROPERTY

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

The GFP listed in Exhibit 1 will be provided to the Contractor.

H.4 PROTECTION OF INFORMATION

(a) It is anticipated that in performance of this contract, the Contractor through its employees may have access to, or be in receipt of, certain confidential and proprietary http://www.cpars.gov/ http://www.cpars.gov/ 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 the Contractor in the performance of this contract.

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

H.5 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.

H.6 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.7 IDENTIFICATION OF CONTRACTOR EMPLOYEES

All Contractor personnel attending meetings, answering Government telephones, and working in other situations where their Contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression in the minds of members of the public that they are Government officials. They must also ensure that all documents or reports produced by Contractors are suitably marked as Contractor products or that Contractor participation is appropriately disclosed.

H.8 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.9 DATA RIGHTS

The Government has unlimited rights to all documents/material produced under this award. All documents and materials, to include the source 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.10 PROCUREMENT AUTHORITY

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

(End of Section H)

SECTION I - Contract Clauses

I.1 FEDERAL ACQUISITION REGULATION (FAR) CLAUSES

52.202-1 DEFINITIONS. (NOV 2013)

52.203-3…