RFP_No._DTFH6117R00045_FBO_07.31.17.pdf

DTFH6117R00045

SOLICITATION, OFFER AND AWARD

4. TYPE OF SOLICITATION2. CONTRACT NUMBER 3. SOLICITATION NUMBER

7. ISSUED BY CODE 8. ADDRESS OFFER TO (If other than Item 7)

ORDER UNDER DPAS (15 CFR 700)

6. REQUISITION/PURCHASE NUMBER

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

NEGOTIATED (RFP)

SEALED BID (IFB)

5. DATE ISSUED

1. THIS CONTRACT IS A RATED RATING PAGE OF PAGES

1 55

C. E-MAIL ADDRESS

EXT.NUMBERAREA CODE

B. TELEPHONE (NO COLLECT CALLS)A. NAME

10. FOR

INFORMATION

CALL:

CAUTION: LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

(Date)(Hour) depository located in copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if hand carried, in the

SOLICITATION

9. Sealed offers in original and

PART IV - REPRESENTATIONS AND INSTRUCTIONS

OTHER STATEMENTS OF OFFERORS

EVALUATION FACTORS FOR AWARD

INSTRS., CONDS., AND NOTICES TO OFFERORS

REPRESENTATIONS, CERTIFICATIONS AND

LIST OF ATTACHMENTS

CONTRACT CLAUSES

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.

I

J

K

L

M SPECIAL CONTRACT REQUIREMENTS

CONTRACT ADMINISTRATION DATA

DELIVERIES OR PERFORMANCE

INSPECTION AND ACCEPTANCE

PACKAGING AND MARKING

DESCRIPTION/SPECS./WORK STATEMENT

SUPPLIES OR SERVICES AND PRICES/COSTS

SOLICITATION/CONTRACT FORM

PART II - CONTRACT CLAUSESPART I - THE SCHEDULE

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G

F

E

D

C

B

A

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

11. TABLE OF CONTENTS

18. OFFER DATE17. SIGNATURE

SUCH ADDRESS IN SCHEDULE.

IS DIFFERENT FROM ABOVE - ENTER

15C. CHECK IF REMITTANCE ADDRESS

EXT.NUMBERAREA CODE

15B. TELEPHONE NUMBER

(Type or print)AND

ADDRESS

OF

OFFEROR

CODE FACILITY

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

DATEAMENDMENT NO.DATEAMENDMENT NO.

and related documents numbered and dated):

amendments to the SOLICITATION for offerors

(The offeror acknowledges receipt of

14. ACKNOWLEDGEMENT OF AMENDMENTS

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

(See Section I, Clause No. 52.232.8)

13. DISCOUNT FOR PROMPT PAYMENT

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

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

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

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

OFFER (Must be fully completed by offeror)

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

28. AWARD DATE

(Signature of Contracting Officer)

27. UNITED STATES OF AMERICA

25. PAYMENT WILL BE MADE BY

26. NAME OF CONTRACTING OFFICER (Type or print)

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

ITEM

(4 copies unless otherwise specified)

23. SUBMIT INVOICES TO ADDRESS SHOWN IN

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

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

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

AWARD (To be completed by government)

CODE

07/31/2017HRDI201700000015PR

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HCFA

FEDERAL HIGHWAY ADMINISTRATION

OFFICE OF THE CHIEF FINANCIAL OFFICER

OFFICE OF ACQUISITION & GRANTS MGMT

1200 NEW JERSEY AVENUE, SE

WASHINGTON DC 20590

until 1500 ES local time 08/31/2017

Carolyn J. Wilson 202 Carolyn.Wilson@dot.gov

366-0867

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PAGE(S)

Amanda P. Wylie

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition is unusable

STANDARD FORM 33 (Rev. 9-97)

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

See Section L.2

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 CONTRACT SUMMARY

This is a non-personal technical support services contract to provide professional research services. The Contractor shall furnish all equipment, travel, materials and personnel necessary to provide the Federal Highway Administration (FHWA) with non-personal technical support for “Development of Next Generation Pavement Performance Measures and Asset Management Methodologies to Support MAP-21 Performance Management Objectives”, as described in Section C below.

B.2 CONTRACT TYPE

The Government intends to award a contract resulting from this solicitation that is a hybrid Firm-Fixed-Price (FFP) and Time & Materials (T&M) type. See SCHEDULE OF RATES chart below for identification of type by Contract Line Item Number (CLIN).

Firm Fixed Priced CLINs (CLINs 001; 002.1; 002.2; 002.3; 005; 006; 007; and 008):

• The Contractor shall perform the tasks as described herein in accordance with the Statement of Work under Section C.

• These CLINs are firm fixed priced with no separate line item for reimbursable

Other Direct Costs. The firm fixed prices listed include all costs to perform the CLIN including labor costs, indirect costs, other direct costs, supplies, travel, profit, etc.

Time & Materials CLINs (CLINs 003; 004; 009 and 010):

• The Contractor shall not incur costs in excess of the CLIN 009 and 010 ceiling amount without express written authorization from the Contracting Officer (CO). Costs incurred to perform CLIN 009 and 010 in excess of the Not-to-Exceed (NTE) ceiling amount are not eligible for reimbursement.

• Allowable labor and material costs (including travel and other direct costs) are eligible for reimbursement based on actual labor hours worked and actual material costs incurred in the performance of CLINs 009 and 010 up to the NTE ceiling values.

• Necessary and reasonable travel and per diem in support of CLIN 009 will be reimbursed at cost in accordance with the Travel and Per Diem clause of this contract.

• No indirect or profit/fee burdens are allowable on materials, travel and/or other direct costs. The Contractor’s indirect or profit/fee burdens are NOT allowable on materials, travel and/or other direct costs.

B.3 SCHEDULE OF RATES

NOTE TO OFFERORS: The SCHEDULE OF RATES below will be included in the resulting contract, filled in with completed approved prices and rates. Offerors shall complete the following tables and submit with the Price Proposal as described in Request for Proposal (RFP) Section L. Offerors are directed to propose the NTE ceiling plug number amounts shown in the

SCHEDULE OF RATES.

SCHEDULE OF RATES #1

Price by Contract Line Item Number (CLIN) (Dollar Amount TBD – to be filled in at award)

CLIN CLIN

Type CLIN Description

Firm Fixed Priced

Time & Materials

Not to Exceed

(NTE)

TOTAL

Price

001 FFP Task 1: Kickoff Meeting with Project Panel $ TBD $ TBD

002.1 FFP Task 2.1: Develop Next Generation Performance

Measures

$ TBD

002.2 FFP Task 2.2: Develop Asset Management

Methodologies

002.3 FFP Task 2.3: Select States for Validation Effort $ TBD $ TBD

003 T&M Loaded Labor for Task 3: Validation at the State Level $ TBD $ TBD

004 T&M Loaded Labor for Task 4: Validation at the Federal Level $ TBD $ TBD

005 FFP

Task 5: Revise Initial Algorithms & Develop Final Recommendations & Procedures $ TBD

006 FFP

Task 6: Develop Guidance for Modifying Existing Management Systems to Accommodate the New Performance Measures & Asset Management Methodologies

007 FFP Task 7: Develop Dissemination Materials & Final Report

008 FFP Task 8: Develop Final Versions of all Material $ TBD $ TBD 009 T&M Travel: Project Meetings NTE $ 82,000 $ TBD 010 T&M Other Direct Costs: Software NTE $ 24,000 $ TBD

TOTAL $ TBD NTE $TBD $ TBD

The total amount for the performance of this hybrid contract is $ to be filled in at award (FFP $TBD and T&M $TBD).

NOTE: See Section J.3 for the Milestone Payment Schedule.

B.4 LABOR CATORGORIES

Professional Staffing:

a) Principal Investigator (PI)

b) Subject Matter Expect (SME)

c) Engineer/Researcher (E/R)

d) Data Analyst (DA)

e) Administrative Assistant (AA)

B.5 SCHEDULE OF RATES

Labor skill sets and rate ceilings governing this contract shall conform to the descriptions herein and be listed in the Microsoft (MS) Excel format found at Section J.5 and apply for each of the described categories for each of the contract year(s). The unit of issue (rates) is the fully burdened fixed price hourly rate.

SCHEDULE OF RATES #2 – Loaded Labor Rates for use in CLINs 003 & 004 (“Validation at the State & Federal Level on a Time & Materials Basis”)

(Dollar Amount TBD – to be filled in at award)

CLIN

Labor Category

Labor Category Description

Loaded Hourly Labor Rate

Not to Exceed

(NTE)

003 Principal Investigator (PI) Masters or PhD degree in Civil Engineering or related field with 10+ Years of Relevant Technical Experience or Equivalent Expertise

003 Subject Matter Expert (SME) Masters or PhD degree in Civil Engineering or related field with 20++ Years of Relevant Technical Experience or Equivalent Expertise

003 Engineer/Researcher (E/R) 5+ Years of Relevant Technical Experience or Equivalent Expertise

003 Data Analyst (DA) 5+ Years of Relevant Technical Experience or Equivalent Expertise

003 Administrative Assistant (AA) 2+ Years of Relevant Technical Experience or Equivalent Expertise

004 Principal Investigator (PI) Masters or PhD degree in Civil Engineering or related field with 10+ Years of Relevant Technical Experience or Equivalent Expertise

004 Subject Matter Expert (SME) Masters or PhD degree in Civil Engineering or related field with 20++ Years of Relevant Technical Experience or Equivalent Expertise

004 Engineer/Researcher (E/R) 5+ Years of Relevant Technical Experience or Equivalent Expertise

004 Data Analyst (DA) 5+ Years of Relevant Technical Experience or Equivalent Expertise

004 Administrative Assistant (AA) 2+ Years of Relevant Technical Experience or Equivalent Expertise

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

NOTE: References (1) through (8) are listed under Technical Exhibit 2.

C.1 BACKGROUND

Prior to the most recent transportation legislation (the FAST Act), Section 1203 of MAP-21 identified national transportation goals and required the Secretary of Transportation to develop regulations to establish national performance measures and standards in specified Federal-aid highway program areas. The Federal Highway Administration (FHWA) was required to establish national performance measures through rulemaking to assess condition/performance in 12 areas, two of which involves pavement – pavement condition on the Interstate system and non-Interstate National Highway System (NHS).

The pavement condition measures in the final rule (1) are focused on measuring pavement surface conditions that are generally accepted and implemented by several states at the time of rulemaking. However, it was recognized that the performance management will evolve with time, particularly in the areas of pavement. Accordingly, there is a need to identify and integrate more strategic next-generation measures in addition to surface condition measures to better align performance management to enhanced long term performance.

Section 1106 of MAP-21 required States to develop and implement a risk-based asset management plan for the NHS and required the Secretary to establish the process and requirements for the State asset management plan. The process that FHWA prescribed for the development of a State asset management plan is described in the Asset Management Plan final rule (2). The asset management plan is meant to be a performance driven plan that “…shall include strategies leading to a program of projects that would make progress toward achievement of the State targets for asset condition and performance of the National Highway System in accordance with section 150(d) and supporting the progress toward the achievement of the national goals identified in section 150(b).”

FHWA considers the implementation of MAP-21 performance management requirements as an opportunity to support and strengthen good, results-oriented, investment decisions that will maximize the return of the public investment in our transportation system.

Successful implementation of a comprehensive asset management plan, including trade-off analysis from a common ground among disparate assets that are traditionally individually assessed and managed, is essential to facilitate this opportunity to fruition.

To achieve the above goals, FHWA is interested in developing:

1. More strategic pavement performance measures and their means of collection, to strengthen performance management and better link investments to long term performance.

2. Methodologies that will enable full implementation of a comprehensive asset management plan, including trade-off analysis from a common ground among disparate assets that are traditionally individually assessed and managed.

To meet these objectives, FHWA initiated a research effort that is being pursued in two phases.

Phase 1 focused on the identification and the conceptual development. Specifically, Phase 1 objectives were to:

1. Identify and conceptually develop more strategic pavement performance measures, and their means of collection, to strengthen performance management and better link investments to long term performance. Consideration was included on how the data supporting the next generation method would be collected, analyzed, and presented and the potential costs and benefits of using this type of performance measure.

2. Identify and conceptually develop methodologies to enable full implementation of a comprehensive asset management plan, including trade-off analysis from a common ground among disparate assets that are traditionally individually assessed and managed.

In recognition that there may be multiple approaches that may merit consideration, FHWA made four awards for Phase 1 based on the quality, comprehensiveness and distinctness of the proposals received in response to the RFP. Phase 1 effort has been completed and this project represents Phase 2 effort and focused on the further development, validation and pilot implementation of promising concepts from Phase 1 findings.

C.2 OBJECTIVE

The primary objectives of this contract are to:

1. Further develop, test and validate through pilot implementation the promising next generation pavement performance measures from Phase 1 findings.

2. Further develop, test and validate through pilot implementation the promising methodologies to enable full implementation of a comprehensive asset management plan, including trade-off analysis from a common ground among disparate assets that are traditionally individually assessed and managed from Phase 1 findings.

3. Provide guidance related to the modifications needed to existing asset management systems so they can better support the use of a broad range of performance measures and dynamically conduct the cross-asset trade-off analysis for subsequent years to provide optimal solutions throughout the analysis period instead of making decisions for a snapshot in time.

C.3 SCOPE OF WORK

Next Generation Pavement Performance Measures

Promising next generation pavement performance measures to be considered are:

• Lifecycle Cost Measures o Remaining Service Interval as documented in (3), (4) and conceptually developed as a performance measure in (5) o Annualized Cost per Lane-Mile and Cost Accrual Ratio as conceptually developed in (6)

• Financial Measures o Asset Sustainability Index, Asset Sustainability Ratio, Asset Consumption Ratio and Backlog Reduction Ratio as discussed in (7) o Simple Option Cost as conceptually developed in (5)

Since next generation pavement performance measures are focused on those measures that may provide insights in to long term performance and that investments are made to minimize life‐cycle costs while achieving the desired level of service (LOS), an inherent requirement for these measures are the performance prediction models. State-of-practice pavement performance prediction models used by highway agencies are largely empirical in nature, varies widely among agencies and uncertainty and variability are inherent. This effort should consider the robustness of the next generation pavement performance measures and computation approaches considering the inherent limits of current pavement performance predictions models.

Asset Management Methodologies

Promising methodologies to enable full implementation of a comprehensive asset management plan, including trade-off analysis to be considered are:

• Asset Management Framework conceptually developed and detailed in (8)

• Asset Management Framework conceptually developed and detailed in (7)

Though the next generation performance measures being further developed and validated in this effort are focused on pavement assets, the concepts are applicable to other assets classes and the promising methodologies to enable full implementation of a comprehensive asset management plan, including trade-off analysis, and the asset management framework that aims to advance the cross-asset resource allocation practice by providing a more dynamic decision-making methodology is expected to operate on those next-generation unified performance metrics.

C.4 DETAILED REQUIREMENT

Task 1: Kickoff Meeting with Project Panel

Upon notice of award, a face-to-face meeting with the FHWA shall be scheduled. This meeting will be the first step in a collaborative process that will extend throughout the project. This meeting shall cover the proposed work plan, task structure, deliverables, schedule, and clarify FHWA expectations for the project, as well as project management topics such as communication plans. In addition, this meeting shall also serve as an opportunity for the project team to gather input from the project technical panel and discuss the criteria for selecting state level Department of Transportation (DOTs) to be involved in the State validation.

Prior to the meeting kickoff meeting, the project team shall work in concert with the Contracting Officer’s Representative (COR) to finalize a meeting agenda. The Contractor shall take notes during the meeting and provide the COR a copy for review and final acceptance.

Task 2.1: Develop Next Generation Performance Measures

Assess and further develop the promising lifecycle cost and financial performance measures identified in the Phase 1 effort and listed in scope of this effort and develop the initial detailed analysis methodologies for the validation effort. The analysis methodologies shall provide enough information to provide detailed guidance about State and Federal Validation, including algorithms, data needs and requirements for other information to be gathered for the validation efforts.

Task 2.2: Develop Asset Management Methodologies

Assess and further develop the promising asset management methodologies and frameworks identified in the Phase 1 effort and listed in scope of this effort and develop the initial detailed analysis methodologies and approaches for the validation effort. The analysis methodologies shall provide enough information to provide detailed guidance about State Validation, including algorithms, data needs and requirements for other information to be gathered for the validation efforts.

Task 2.3: Select States for Validation Effort

Select candidate list of States that will be involved in the Task 3 efforts. The selection of States for validation shall consider validation of both next generation pavement performance measures and asset management methodologies. It is expected that the validation will be conducted with up to four DOTs, with one DOT’s validation effort to include a Metropolitan Planning Organization (MPO) within the state. The final list of selected States should be developed in concert with the FHWA COR and the selected States should be based on both the States willingness to participate in the validation effort and data and resources availability fully support the validation effort. Once a short list of States is developed, contact shall be made with each DOT to determine their willingness to participate in the effort.

Task 3: Validation at the State Level

The objective of the State level validation is to implement the recommended performance measures and asset management methodologies into the State business practices and assess their contribution towards enhancing performance management and asset management decision-making. Where applicable, LTPP sections data within selected State DOT(s) shall also be used to supplement the validation effort. It is also expected that many lessons that are learned during this validation process will be documented for informing future efforts of implementing the performance measures.

Note: While validation effort with up to four State DOTs, one DOT validation will include an MPO within the state, is anticipated, it may be possible that four DOTs will not meet the criteria that the Contractor shall develop in coordination with the COR and used to select candidate DOTs. Therefore, the Offeror is requested propose level of effort and cost based on a per DOT basis with potential for up to four DOTs being in the validation effort.

Task 4: Validation at the Federal Level

Validation at the federal level applies only to the next generation pavement performance measures. The objective of the federal level validation is to assess the performance measures using data from the Highway Performance Monitoring System (HPMS) and national level pavement performance models. Similar to the State level validation, the Federal level validation is aimed at assessing the contribution of the performance measures towards enhancing performance management. In addition, the Federal level validation should determine the ability of the performance measures to be calculated with data and models currently used by FHWA to assess the pavement performance at the national level. The first step in the Federal level validation is to gather data and models. In this case, it is expected that the condition data will be gathered from the HPMS and the pavement performance models will be obtained from the Highway Economic Requirements System documentation. Additional national level data may be required depending on the data needs that were determined as part of Task 2.

Once the required information is gathered for the Federal level validation, it will need to be implemented into a programming environment that facilitates optimization and prioritization.

The data and models for the Federal level validation should be structured in a manner that both treatment selection and budget constrained project selection can be performed. Once the models and data are implemented into an analysis environment, the recommended performance measures can be assessed much in the same way as the State level validation. The final step in the Federal level validation is to document and present the results to FHWA for comment and discussion.

Task 5: Revise Initial Algorithms and Develop Final Recommendations and Procedures

The objective of this task is to document the findings from the State and Federal level validation, and update the algorithms and procedures for implementation based on the results of the validation effort. It is expected that the State and Federal level validation will lead to additional development of the measures, as well as lead to some important procedural considerations for implementing the measures, and this task will document the updated implementation procedures for the measures.

Task 6: Develop Guidance for Modifying Existing Management Systems to Accommodate the New Performance Measures and Asset Management Methodologies

The objective of this task is to, based on lessons learned from the validation effort, develop guidance required to enable asset management practitioners and software developers to make changes to pavement and other asset management systems to accommodate the new measures and support the asset management methodologies. Under this task, specific management system requirements will be developed to store, calculate, predict, and analyze the new measures and to support the asset management methodologies.

Task 7: Develop Dissemination Materials and Final Report

The objective of Task 7 is to develop dissemination materials and a final project report. The final project report will include detailed sections regarding each task, as well as document the findings, conclusions and recommendations resulting from the conduct of the project. In addition, a webinar should be conducted that summarizes the project and demonstrates the benefits of implementing the performance measures and asset management methodologies as found through the conduct of the project. Finally, a Techbrief should be generated to disseminate the results of the project to as wide of an audience as possible.

Task 8: Develop Final Versions of all Material

The final task will be to develop final versions of all deliverables that were drafted as part of Task 7. This includes revising the Task 7 deliverables based on technical and editorial review, and addressing any remaining comments from the FHWA regarding the final deliverables. All data generated during the project shall be delivered in well documented and organized in Microsoft® Excel® files or Access® database files. Any full or prototype models developed and implemented using off-the-shelf software products, such as Microsoft Excel, shall be included in the deliverables. In addition to the final report, for any software developed as part of this project, the Contractor shall provide as a minimum, the executable version, as well as well-documented source code in electronic readable format, overall software architecture documentation, overall and individual module interface documentation, other support and library files, and a user’s operations manual. The source code and support files included shall be in its entirety so that they can be compiled and linked using off the shelf software to recreate the executable version of software in its entirety.

Note: All web conference date and time shall be determined in consultation with the COR and will be conducted using FHWA web-conferencing facility.

C.5 QUARTERLY PROGRESS REPORTS

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

(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 individual task within the time and fiscal constraints as set forth in the tasks, together with recommended solutions to such problems; or, a statement that no problems were encountered.

SECTION D – PACKAGING AND MARKING

D.1 PACKAGING

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

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

SECTION E – INSPECTION AND ACCEPTANCE

E.1 CLAUSES INCORPORATED BY REFERENCE

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

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

E.2 INSPECTION AND ACCEPTANCE

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

E.3 ACCEPTANCE CRITERIA

Certification by the Government of satisfactory services provided is contingent upon the Contractor performing in accordance with the terms and conditions of the contract, and all amendments.

E.4 GOVERNMENT ACCEPTANCE PERIOD

Unless stated elsewhere, the COR will have thirty (30) calendar days to review draft deliverables and make comments. The Contractor shall have five (5) calendar days to make corrections and return the corrected deliverable to the government.

Upon receipt of the final deliverables, the COR will have ten (10) calendar days for final review prior to acceptance or providing documented reasons for non-acceptance. When the Government fails to complete the review within the review period the deliverable will become acceptable by default.

SECTION F – DELIVERIES OR PERFORMANCE

F.1 CLAUSES INCORPORATED BY REFERENCE

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

52.242-15 STOP-WORK ORDER. (AUG 1989) – ALTERNATE I (APR 1984)

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

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

F.2 PERIOD OF PERFORMANCE

The period of performance is 42 months which consists of an estimated 36 months of technical work followed by an estimated 6 months for editorial review and revisions associated with the FHWA publications process*.

*The FHWA editorial review and publication process can take on the order of six (6) months or more to complete before publication is approved. Consequently, this constraint should be factored into the overall project schedule.

F.3 PLACE OF DELIVERY

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

[to be provided at award]

The quarterly progress reports shall be delivered to COR and CS at the following address:

[Name, title, and e-mail address will be provided at award]

F.4 PLACE OF PERFORMANCE

Work will be performed at the Contractor’s facility or their provided work or office space.

However, during the performance of the contract, it is anticipated that some work will be at the Department of Transportation Headquarters or the Turner-Fairbank Highway Research Center

(TFHRC).

F.5 DELIVERY SCHEDULE ABBREVIATIONS

The following abbreviations are used in the delivery/deliverable schedule:

Abbreviation Definition CO Contracting Officer COR Contracting Officer’s Representative CS Contract Specialist Days Calendar Days unless otherwise specified E Electronic Copy H Hard Copy NLT Not Later Than WDA Working Days After QPR Quarterly Progress Report

F.6 DELIVERABLE/DELIVERY SUMMARY

See Section J.1 for the Deliverable Schedule

F.7 MINIMUM REQUIREMENTS FOR MATERIALS TO BE POSTED ON FHWA

WEBSITES

All web-based deliverables shall conform to the Minimum Requirements for FHWA Web Pages and be compatible with the current FHWA web platform of Adobe ColdFusion (version 10 compatible) and MS SQL (server 2012 or higher compatible). Deliverables will be evaluated for Section 508 compliance, including graceful degradation when JavaScript is disabled and color contrast tests. Deliverables shall meet W3C coding standards (http://www.w3.org/), FHWA coding standards, and conform to DOT Secure Web Application standards to prevent cross-site scripting (XSS) and SQL Injection.

SECTION G – CONTRACT ADMINISTRATION DATA

G.1 PAYMENT- FIRM-FIXED-PRICE (FFP)

The Contractor may request payment for the firm fixed prices specified in Section B and the Milestone Payment Schedule upon the Government’s acceptance of the final deliverable(s) listed for the task. The determination of satisfactory completion and acceptance of the work will be made by the COR.

G.2 PAYMENT- TIME AND MATERIALS (T&M)

For Time & Materials CLINs 003, 004, 009 and 010, the Contractor may request payment monthly for costs incurred in accordance with the labor categories and prices contained in Section B, not to exceed the CLIN NTE amounts. For reimbursable travel, material, and other direct costs (CLIN 003 and 004), the Contractor shall provide sufficient supporting documentation to support costs incurred to include vendor receipts. Allowable travel, material, and other direct costs shall be reimbursed at cost, based on actual costs incurred, unless otherwise approved by the CO. The Contractor’s indirect or profit/fee burdens are NOT allowable on materials, travel and/or other direct costs. See FAR 52.232-7 Payments Under Time-and-Materials and Labor-Hour Contracts.

G.3 NOTIFICATION OF EXPENDITURE OF FUNDS

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

G.4 INVOICES

Submit all invoices to one of the following invoice addresses:

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

(a) Include the invoice as an attached PDF document

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

(1) Invoice No.

(2) Contract Number

(3) Name of your Company/Organization

(4) Attention: Contract Specialist

Example: Invoice No. 35 – DTFH6114D00033 – Contractor Name – Attention: Contract Specialist

If the invoice and supporting documents exceed 8 MB as an e-mail attachment, the Contractor must select one of the other submission options presented below:

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

MMAC

FHWA/AMZ-150

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

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

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

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

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.

G.5 TRAVEL AND PER DIEM

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

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

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

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

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

G.6 SUBCONTRACTS – ADVANCE NOTIFICATION AND CONSENT

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

(a) [APPROVEDSUBCONTRACTORNAME]

Any future change or revision to the Statement of Work or other applicable aspects of this contract shall include the subcontract(s) only to the extent that performance of the subcontract(s) is directly affected by the change or revision.

G.7 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 CO in writing, within 3 working days after receipt of any such direction. The CO 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.8 CONTRACTING OFFICER’S REPRESENTATIVE (COR)

(a) The CO 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 CO shall designate a 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 CO 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 CO 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 CO’s response issued under paragraph (e) of this clause.

(e) The CO 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 CO 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 CO or the COR acting within his or her appointment, shall be at the Contractor’s risk.

G.9 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.10 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 CO, 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 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 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 CO not later than September 15 of each calendar year on Form DOT F 4220.43, Contractor Report of Government Property.

(End of clause)

All equipment provided by the Government to the Contractor shall be returned to the Government at the end of the contract 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.

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

H.3 ACKNOWLEDGEMENT OF SUPPORT AND DISCLAIMER

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

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

Additionally, all materials must contain the following statement:

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

H.4 NON-PERSONAL SERVICES CONTRACT

This contract is a non-personal services contract as defined in the FAR at subpart 37.101. It is understood and agreed that the Contractor and/or Contractor’s employees and subcontractors:

(1) shall perform the services specified herein as independent contractors, not as employees of the government; (2) shall be responsible for their own management and administration of the work required and bear sole responsibility for complying with any and all technical, schedule, or financial requirements or constraints attendant to the performance of this contract; (3) shall be free from supervision or control by any government employee with respect to the manner or method of performance of the services specified; but (4) shall, pursuant to the government’s right and obligation to inspect, accept or reject the work, comply with such general direction of the CO, or the duly authorized representative of the CO, as is necessary to ensure accomplishment of the contract objectives.

H.5 PROCUREMENT AUTHORITY

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

H.6 RIGHTS TO DATA AND 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.

The Government has unlimited rights to all documents/material produced under this Contract.

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

H.7 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 CO.

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…