RFP_DTFH6117R00048_71917.pdf

SOLICITATION, OFFER AND AWARD

1. THIS CONTRACT IS NOT A RATED ORDER

UNDER DPAS (15 CFR 700)

RATING PAGE OF PAGES

1 | 50

2. CONTRACT NUMBER 3. SOLICITATION NUMBER

DTFH6117R00048

4. TYPE OF SOLICITATION

SEALED BID (IFB)

X NEGOTIATED (RFP)

5. DATE ISSUED

July 19 2017

6. REQUISITION/PURCHASE NO.

HIFXXX1700000025PR

7. ISSUED BY CODE HCFA-22 8. ADDRESS OFFER TO (If other than Item 7)

Federal Highway Administration

Office of Acquisition Management

1200 New Jersey Ave. S.E. Rm E62-204

Washington, DC 20590

Federal Highway Administration

Office of Acquisition Management

1200 New Jersey Ave. S.E. Rm E62-204, Washington, DC 20590

ATTN: Tamiko Aikens

NOTE: In sealed bid solicitations “offer” and “offeror” mean “bid” and “bidder”

SOLICITATION

9. Sealed offers in original and 4 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 depository located in 1200 New Jersey Avenue, SE, E62-204 until August 21, 2017 local time 12:00 pm __.

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. THIS PROCUREMENT IS ISSUED USING FULL AND OPEN COMPETITION.

THIS IS A FULL AND OPEN COMPETITION REQUIREMENT

10. FOR A. NAME B. TELEPHONE (NO COLLECT CALLS) C. E-MAIL ADDRESS

INFORMATION

CALL:

Primary Contact: Tamiko Aikens

Secondary Contact: Amanda Wylie

AREA CODE

NUMBER

366-3092

366-0438

EXT. Tamiko.Aikens@dot.gov.

Mandy.Wylie@dot.gov.

11. TABLE OF CONTENTS

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

PART I - THE SCHEDULE PART II - CONTRACT CLAUSES

X A SOLICITATION/CONTRACT FORM 1 X I CONTRACT CLAUSES 23

X B SUPPLIES OR SERVICES AND PRICE/COST 2 PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.

X C DESCRIPTION/SPECS./WORK STATEMENT 3 X J LIST OF ATTACHMENTS 31

X D PACKAGING AND MARKING 8 PART IV - REPRESENTATIONS AND INSTRUCTIONS

X E INSPECTION AND ACCEPTANCE 9 X K REPRESENTATIONS, CERTIFICATIONS 32

X F DELIVERIES OR PERFORMANCE 10 AND OTHER STATEMENTS OF OFFERORS

X G CONTRACT ADMINISTRATION DATA 13 X L INSTRS., CONDS., AND NOTICES TO OFFERORS 38

X H SPECIAL CONTRACT REQUIREMENTS 18 X M EVALUATION FACTORS FOR AWARD 46

OFFER (Must be fully completed by offeror) NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

12. In compliance with the above, the undersigned agrees, if this offer is accepted within 180 calendar days (60 calendar days unless a different period is inserted 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 designated point(s), within the time specified in the schedule.

13. DISCOUNT FOR PROMPT PAYMENT

(See Section I, Clause No. 52.232-8)

10 CALENDAR DAYS

20 CALENDAR DAYS

30 CALENDAR DAYS

CALENDAR DAYS

14. ACKNOWLEDGMENT OF AMENDMENTS AMENDMENT NO. DATE AMENDMENT NO. DATE

(The offeror acknowledges receipt of amendments to the

SOLICITATION for offerors and related documents numbered and dated):

15A. NAME CODE FACILITY 16. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

AND OFFER (Type or print)

ADDRESS

OF

OFFEROR

15B. TELEPHONE NUMBER 15C. CHECK IF REMITTANCE 17. SIGNATURE 18. OFFER DATE

AREA CODE NUMBER EXT. ADDRESS IS DIFFERENT FROM ABOVE -

ENTER SUCH ADDRESS IN SCHEDULE.

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

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

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

23. SUBMIT INVOICES TO ADDRESS SHOWN

IN (4 copies unless otherwise specified)

ITEM

24. ADMINISTERED BY (If other than Item 7) CODE 25. PAYMENT WILL BE MADE BY CODE

26. NAME OF CONTRACTING OFFICER (Type or print) 27. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

28. AWARD DATE

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

mailto:Tamiko.Aikens@dot.gov mailto:Robin.Hobbs@dot.gov

DTFH6117R00048

SECTION B

Supplies or Services/Prices

B.1 CONTRACT SUMMARY

CONTRACT AMOUNT

The Contractor shall furnish all materials and personnel necessary to provide the Federal

Highway Administration (FHWA) with non-personal technical support for “Ruggedness and

Interlaboratory Studies for Asphalt Mixture Performance Tester (AMPT) Cyclic Fatigue Test,” as described in Section C below.

CLIN Associated Task Type Price

Time and Materials/Labor Hour 12-Month Base

T&M

Time and Materials/Labor Hour 18-Month Option

T&M

Travel Costs

At Cost

$13,200.00

(Not to Exceed)

Total:

B.2 SCHEDULE OF RATES

Direct Labor rates under this contract include Contractor employee labor, Subcontractor employee labor and Consultant labor. The direct labor rates are fully burdened with all proportional overhead, fringe, profit/fee, G&A, etc. The fully burdened hourly rate governs the entire period of performance. The labor categories and rates shall be listed in the Microsoft Excel format found at Section J.1. The Contractor is encouraged to provide additional labor categories and rates.

B.3 TRAVEL

All travel shall be reimbursed at cost in accordance with the Travel and Per Diem clause

(reference Section G).

SECTION C

Description/Specifications

“Ruggedness and Interlaboratory Studies for Asphalt Mixture Performance Tester

(AMPT) Cyclic Fatigue Test ”

C.1 BACKGROUND

The Federal Highway Administration (FHWA) has an ongoing Accelerated Implementation and

Deployment of Pavement Technologies (AIDPT) Program, which includes the deployment of innovative technologies to improve pavement performance and reduce agency risk. A constant challenge in the transportation community is timely and efficient deployment of these new and innovative technologies. This is particularly true in the area of asphalt pavements. It often takes years, and sometimes decades, to change business practices, revise specifications, or refine production and construction practices.

A primary goal of the FHWA AIDPT Program is the advancement of new and innovative technologies to design, specify, construct, and preserve pavements, which are supported by the advancement of superior practices for testing and evaluating materials. As such, the FHWA supports deployment of advanced research findings in pavements and materials through the

National Cooperative Highway Research Program (NCHRP) and the Strategic Highway

Research Programs (SHRP and SHRP2). The Asphalt Mixture Performance Tester (AMPT) is an example of a research development from NCHRP which has been identified by FHWA as a critical subject of deployment efforts in the field of asphalt pavements.

As part of this procurement, FHWA seeks to engage subject matter experts to design, conduct, and provide recommendations relating to a two-phase ruggedness and interlaboratory study on a particular test method that has been identified as an innovative asphalt concrete testing and design practice. The AASHTO TP 107 has been developed and refined over the past 25 years and a statistically sound refinement procedure is needed to facilitate widespread implementation.

The test procedure is being used in ongoing FHWA efforts as part of a performance-related specification framework which seeks to increase pavement life through fundamental testing and predictive relationships. The AASHTO TP 107 is of particular interest to FHWA because of its fundamental nature, its reliance on the AMPT, and its ability to model and predict material performance over a wide range of loading and climate conditions a pavement may experience.

Recently, a draft procedure for small-size specimens has been developed using a modified version of AASHTO TP 107. This draft procedure is also of interest to the asphalt materials community due to anticipated materials, time, and cost savings associated with the smaller specimens.

C.2 CONTRACT SCOPE

The Contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform the defined Tasks in Sections C.3.1 through C.3.4 to refine AASHTO TP 107 in accordance with

ASTM E 1169 and ASTM E 691 for both full- and small-size specimens.

The Contractor must have the capabilities to perform the asphalt materials engineering, testing, and analysis and to develop and execute both the ruggedness and interlaboratory studies, as well as the engineering expertise and judgment to formulate and document findings with the goal being to refine the AASHTO TP 107 and draft small-size specimen cyclic fatigue procedures.

The Contractor must be capable of executing a federally-funded project. In order to effectively complete the tasks outlined above, the Contractor shall demonstrate knowledge and experience with statistical design and testing, and the AASHTO TP 107 theory and test procedures.

For Phase I, products will include a statistically based, orthogonal experimental design following the Plackett-Burman method outlined in the most current version of ASTM E 1169 and an interim report outlining the results of the study and proposed refinements to the test procedure in the most current version of AASHTO TP 107 for full-size (100 mm diameter by 150 mm height) specimens and the most current cyclic fatigue draft procedure version for small-size (38 mm diameter by 110 mm height) specimens.

Products resulting from Phase II will include a statistically based, multi-laboratory experimental design which will identify the repeatability and reproducibility values in the most current version of AASHTO TP 107 for full-size (100 mm diameter by 150 mm height) specimens and the most current cyclic fatigue draft procedure version for small-size (38 mm diameter by 110 mm height) specimens.

Offerors should note that these procedures are subject to change and updated procedures will be supplied if needed. It is possible that changes to these procedures will require additional effort or study under this procurement.

At a minimum, the Contractor must possess the following attributes:

a) An asphalt mixture testing laboratory capable of conducting all specimen fabrication processes to meet the requirements for AASHTO TP 107 for full-size specimens and the most current cyclic fatigue draft procedure version for small-size specimens. This includes, but is not limited to, such processes as preparing samples in a gyratory compactor, coring and sawing samples to specified geometries, measuring air voids, and attaching tension end plates and targets for deformation measurement devices. Offerors shall provide documented evidence that they will possess the equipment to conduct

AASHTO TP 107 and the small-specimen cyclic fatigue draft procedure so as not to delay the progress of work.

b) An asphalt mixture testing laboratory equipped with an Asphalt Mixture Performance

Tester (AMPT) capable of conducting the process in the most current version of

AASHTO TP 107 and the small-specimen cyclic fatigue draft procedure. The AMPT and all equipment shall meet the equipment specification requirements mentioned in NCHRP

Report 614, the recently developed draft equipment specification for the AMPT, AASHTO TP 107, and the small-specimen cyclic fatigue draft procedure and have calibration certificates which are up-to-date. This includes all fixtures and equipment

(e.g., deformation measuring sensors). Offerors shall provide documented evidence that they will possess the equipment to conduct AASHTO TP 107 and the small-specimen cyclic fatigue draft procedure.

c) Documented experience with experimental design and statistical analysis/testing.

d) Documented experience conducting AASHTO TP 107 for material characterization purposes. Offerors are encouraged to list any technical papers, reports, or ongoing studies which utilize this test procedure.

e) Technicians that are experienced in asphalt mixture testing.

f) Computer resources with word processing, spreadsheet, and presentation preparation software (e.g. Microsoft Office tools such as Word, Excel, and Powerpoint).

g) Digital photography and video equipment and associated software for project documentation and task deliverables.

C.3 OBJECTIVE

The objectives of this contract are to promote the deployment, an innovative materials evaluation practice, to improve pavement performance and extend pavement life. The objective will be achieved by conducting ruggedness and interlaboratory studies to improve the test procedure prescribed in AASHTO TP 107 using both full- and small-size specimens. The FHWA has identified this test procedure as part of an important innovation to asphalt concrete characterization and pavement design.

C.4 DETAILED REQUIREMENT

C.4.1 Develop Study Work Plan

C.4.1.1 The Contractor shall develop a draft work plan, detailed in the Offeror’s proposal, separately for both Phases I and II. The draft work plan shall include the experimental design

(with proposed factors to assess in Phase I), a description of materials pertaining to the study asphalt mixture(s), a material quantity plan, plan of execution, project schedule, and cost estimate for both Phase I and Phase II. The Contractor shall secure testing commitments from other laboratories before Phase II begins, but specific laboratories do not need to be identified at this time. Offerors shall indicate that the work plan for Phase II will require work with multiple laboratories in accordance with ASTM E 691. Since laboratory work is required, commonly accepted safety procedures shall be followed. The Contractor shall not proceed with further work until approval from the FHWA on the work plan is received after Award. The FHWA will not guarantee reimbursement of costs imposed on laboratories outside of the Contractor’s team as part of the Phase II interlaboratory study.

C.4.2 Phase I – Laboratory Ruggedness Study

C.4.2.1 The Contractor shall fabricate asphalt concrete specimens in the quantities outlined in the

FHWA-approved work plan. The Contractor shall execute the approved experimental design in accordance with AASHTO TP 107 and the small-specimen cyclic fatigue draft procedure. The properties (e.g., job mix formula and binder information) of the laboratory-mixed, laboratory-compacted specimens shall be approved by the FHWA so an asphalt concrete mixture(s) capable of being produced in mass, repeatable quantities is used in the study. Additional quantities required due to erroneous test data, mishandling during fabrication, etc. will be considered for reimbursement by the FHWA on a case-by-case basis. There is no guarantee of reimbursement for this type of error.

C.4.2.2 The Contractor shall conduct all appropriate and approved statistical analyses consistent with ruggedness studies prescribed in ASTM E1169 to identify and document significant factors in the AASHTO TP 107 test procedure for full-size test specimens and the cyclic fatigue draft procedure for small-size test specimens.

C.4.3 Phase II – Interlaboratory Study

C.4.3.1 The Contractor shall fabricate asphalt concrete specimens in the quantities outlined in the

FHWA-approved work plan. The Contractor shall execute the approved experimental design in accordance with AASHTO TP 107, the small-specimen cyclic fatigue draft procedure, and

ASTM E 691. This will require shipment of both “pilot run” and “full scale run” specimens

(with FHWA-approved testing, handling, and reporting instructions) to partner laboratories for testing. Partner laboratory participation shall require the FHWA approval to ensure the participants are qualified and familiar with the test method. The properties (e.g., job mix formula and binder information) of the laboratory-mixed, laboratory-compacted specimens shall be approved by the FHWA so an asphalt concrete mixture(s) capable of being produced in mass, repeatable quantities is used in the study. Additional quantities required due to erroneous test data, mishandling during fabrication, etc. will be considered for reimbursement by the FHWA on a case-by-case basis. There is no guarantee of reimbursement for this type of error.

C.4.3.2 The Interlaboratory Study Coordinator, who shall be identified in the Phase II work plan, shall gather the test data from all laboratories and conduct the appropriate statistical analysis to identify reproducibility and repeatability values for AASHTO TP 107 and the small-size specimen cyclic fatigue draft procedure in accordance with ASTM E 691.

C.4.4 Reporting

C.4.4.1 The Contractor shall submit a Phase I final report to provide the FHWA with recommended improvements to AASHTO TP 107 for full-size specimens and the cyclic fatigue draft procedure for small-size specimens. The report shall include a redline version of AASHTO

TP 107 and the small-size specimen cyclic fatigue draft procedure to expedite the revision process. All reports shall be provided to the Contracting Officer’s Representative (COR) for technical review. The Contractor shall address all technical comments of the COR.

C.4.4.2 The Contractor shall submit a final report to provide the FHWA with the data and analysis results used to formulate the reproducibility and repeatability values for inclusion in

AASHTO TP 107 and the cyclic fatigue draft procedure for small-size specimens. The report shall include a redline version of AASHTO TP 107 and the cyclic fatigue draft procedure for small-size specimens to expedite the revision process. All reports shall be provided to the COR for technical review. The Contractor shall address all technical comments of the COR.

C.4.4.3 The Contractor shall maintain and provide all equipment maintenance, laboratory, specimen information, and data logs produced in reference to the Contract to the FHWA with the final report.

C.4.4.4 The Contractor may be asked to present findings of this study to various stakeholder groups, including, but not limited to: state highway agencies, expert task groups and other technical working groups, and industry contacts. In preparation for this type of outreach, the

Contractor shall develop a technical presentation of the results for both Phase I and Phase II.

C.5 QUARTERLY PROGRESS REPORTS

The Contractor shall furnish electronic (pdf) copies of a quarterly letter-type progress report to the

COR and Contract Specialist (CS), on or before the 15th of the month following the quarter being reported. Each report shall contain concise statements covering the research activities relevant to the study, including:

a. A clear and complete account of the work performed each quarter, organized by task.

b. An outline of the work to be accomplished during the next report period.

c. A description of any problem encountered or anticipated that will affect the completion of the contract within the time and fiscal constraints as set forth in the contract, together with recommended solutions to such problems; or a statement that no problems were encountered.

d. A tabulation of the planned, actual and cumulative person-hours expended by the personnel identified in the professional staffing of the contract.

SECTION D

Packaging and Marking

D.1 PACKAGING

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

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

SECTION E

Inspection and Acceptance

E.1 52.246-6 INSPECTION TIME-AND-MATERIALS AND LABOR-HOUR (MAY

2001)

E.2 ACCEPTANCE

Acceptance of the final deliverables shall be made in writing by the COR.

E.3 GOVERNMENT ACCEPTANCE PERIOD

Unless stated elsewhere, the COR will have 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 7 calendar days for final review prior to acceptance or providing documented reasons for non-acceptance.

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

All work and services required under this contract shall be completed on or before 30 months from the effective date of the Contract to include one 12-month base period and one 18-month option period.

F.5 DELIVERABLE/DELIVERY SUMMARY

Deliverable Due Date # of Copies Medium/Format 508

Compliance

Section C.4.1.1

Draft Work

Plan

Submitted with technical proposal;

FHWA

approval needed for Phase I before proceeding

Submitted with technical proposal

Microsoft Word

2010 Document

Adobe Acrobat

Portable

Document Format

No

Task C.4.3.1

Alterations to

Proposed

Phase II Work

Plan, if necessary

Submitted within 14 days of acceptance of

Phase II option;

FHWA

approval needed before start of

Phase II work

One electronic copy

Microsoft Word

2010 Document

Microsoft Excel

2010 Spreadsheet

Adobe Acrobat

Portable

Task C.4.4.2

Draft Phase I

Final Report

Within 10

Months of

Contract

Award;

Technical review by COR within 14 days after submission

One electronic copy

Microsoft Word

2010 Document

Adobe Acrobat

Portable

Yes

Task C.4.4.3

Draft Phase II

Final Report

Within 27

Months of

Contract

Award, if option exercised by FHWA;

Technical review by COR within 21 days after submission

One electronic copy

Microsoft Word

2010 Document

Adobe Acrobat

Portable

Document Format

Yes

Task C.4.4.4

Specimen and

Data Logs

Within in 12

Months of

Contract Award for Phase I;

Within 30 months of

Contract Award for Phase II, if option exercised by FHWA

One electronic copy

Microsoft Word

2010 Document

Microsoft Excel

2010 Spreadsheet

Microsoft Access

2010 Database

Adobe Acrobat

Portable

Task C.4.4.5

Technical

Presentation of

Results

Within in 12

Months of

Contract Award for Phase I;

Within 30 months of

Contract Award for Phase II, if option exercised by FHWA

One electronic copy

Microsoft

Powerpoint 2010

Presentation

Yes

Task C.4.4.1

Quarterly

Report

On the 15th day of the month following the end of the quarter

One electronic copy

Microsoft Word

2010 Document

Adobe Acrobat

Portable

F.6 PLACE OF DELIVERY

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

* The name and address of the COR will be designated at the time of contract award.

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

* The name and email address of the COR and CS will be designated at the time of contract award.

F.7 PLACE OF PERFORMANCE

Unless otherwise specified in Section C, work performed under this contract shall be performed at the Contractor’s facility.

SECTION G

Contract Administration Data

G.1 TRAVEL AND PER DIEM

The Contractor shall be responsible for coordination of travel in support of Government requirements. The Contractor shall be required to invoice in accordance with FAR 31.205-46, Travel Costs, and Federal Travel Regulations, and must submit documentation of all travel costs.

The Government will specify the travel dates and location for required local, domestic, and international travel. The Contractor shall not travel unless adequate funds have been delegated for travel.

Travel may occur duration the life of the contract. The COR shall issue the written request for travel if required (excluding local travel) to the contractor with each task.

Travel and Per Diem authorized under this contract shall be reimbursed in accordance with the

Government Travel Regulations currently in effect. The total travel costs shall not exceed the amounts indicated without express written approval of the Contracting Officer.

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. If economy class transportation is not available, the Contractor shall make a request to the Contracting Officer for use of higher class travel in advance of booking the travel. The CO will approve the request in writing.

Additionally, the request for payment voucher must be submitted with the justification for use of higher class travel indicating dates, times, and flight numbers, as well as the CO’s approval of the travel.

G.2 SUBCONTRACTS – ADVANCE NOTIFICATION AND CONSENT

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

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.3 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: To be filled in at time of award

Example: Invoice No. 35 – DTFH6117C000XX – Contractor Name – Attention: John Doe

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: To be filled in at time of award

Express Delivery Point of Contact: Lead Accounting Technician

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: To be filled in at time of award

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

NOTE: The final invoice is not subject to interest payment under the Prompt Payment Act. The

Contracting Officer will process the final invoice as a routine part of the closeout process. When requested, the Contractor shall submit the final invoice directly to the Contracting Officer along with the final closeout documents. When the final invoice is ready for payment, the CO will submit the final invoice to OKC for Markview processing, along with any other required closeout documents.

G.4 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 defined 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 by the COR is within one of the prescribed categories in (a) through (d) above, the Contractor shall not proceed, but shall notify the Contracting Officer in writing, within 3 working days after receipt of any such direction. The Contracting Officer will determine if the Technical Direction is proper, or if a contract modification would be required to properly implement the direction. Failure of the parties to agree upon the nature of the direction or upon the contract action to be taken with respect thereto shall be subject to the clause included in Section I entitled “Disputes.”

G.5 CONTRACTING OFFICER’S REPRESENTATIVE (COR)

(a) The Contracting Officer is the only individual authorized to enter into or terminate this contract, modify any term or condition of this contract, waive any requirement of this contract, or accept nonconforming work delivered under this contract.

(b) The Contracting Officer shall designate a Contracting Officer’s Representative (COR) by written notice to the Contractor. The COR’s responsibilities shall include technical monitoring of the Contractor’s performance and inspecting and accepting deliveries under the contract.

The COR shall be appointed in writing, at which time ALL of the responsibilities of the COR shall be detailed, and a copy of the appointment memorandum shall be furnished to the

Contractor. Any changes to the COR delegation shall be made in writing, either by changes to the existing memorandum, or by issuance of a new appointment memorandum. Copies of any changes shall be provided to the Contractor.

(c) The COR is not authorized to perform, formally or informally, any of the following actions:

(1) Promise, award, agree to award, or execute any contract, contract modification, or notice of intent that changes or may change this contract;

(2) Waive or agree to any modification of the delivery schedule;

(3) Make any final decision on any contract matter subject to the Disputes Clause;

(4) Terminate, for any reason, the Contractor’s right to proceed, or issue any order causing the

Contractor to stop work; or

(5) Obligate in any way, the payment of money by the Government.

(d) The Contractor shall comply with the written or oral direction of the Contracting Officer or authorized representative(s) acting within the scope and authority of the appointment memorandum. The Contractor need not proceed with direction that it considers to have been issued without proper authority. The Contractor shall notify the Contracting Officer in writing, with as much detail as possible, when the COR has taken an action or has issued direction

(written or oral) that the Contractor considers to exceed the COR’s appointment, within 3 days of the occurrence. Unless otherwise provided in this contract, the Contractor assumes all costs, risks, liabilities, and consequences of performing any work it is directed to perform that falls within any of the categories defined in paragraph (c) prior to receipt of the Contracting Officer’s response issued under paragraph (e) of this clause.

(e) The Contracting Officer shall respond in writing within 30 days to any notice made under paragraph (d) of this clause. A failure of the parties to agree upon the nature of a direction, or upon the contract action to be taken with respect thereto, shall be subject to the provisions of the

Disputes clause of this contract.

(f) The Contractor shall provide copies of all correspondence to the Contracting Officer and the

COR.

(g) Any action(s) taken by the Contractor, in response to any direction given by any person acting on behalf of the Government or any Government official other than the Contracting

Officer or the COR acting within his or her appointment, shall be at the Contractor’s risk.

G.6 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 shall communicate with the COR to determine the Government's work requirements as set forth in the Statement of Work and shall assure that these requirements are fulfilled. In the event the designated Project Manager is incapacitated due to illness or injury or otherwise is to be removed by the Contractor during the contract performance, replacement of the incumbent Project

Manager shall be subject to the approval of the CO.

G.7 RESTRICTIONS AND STANDARDS OF CONDUCT (ALL TYPES WITH

PERFORMANCE AT FHWA FACILITY)

The Contractor's employees shall conduct only business covered by this contract during periods paid for by the FHWA and shall not conduct any other business on Government premises.

Contractor personnel shall abide by the normal rules and regulations applicable to the FHWA premises, including any applicable safety and security regulations.

SECTION H

Special Contract Requirements

H.1 REQUIREMENTS FOR IMPLEMENTING SECTION 508 STANDARDS

The following applies to all FHWA Contracts issued on or after June 25, 2001, for Preparation of

Technical reports or other documents that FHWA plans to post on a website.

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

Rehabilitation Act. The act requires that all electronic products prepared for the Federal

Government be accessible to persons with disabilities, including those with vision, hearing, cognitive, and mobility impairments. Vendors can view Section 508 of the Rehabilitation Act

(http://www.access-board.gov/508.htm) and the Federal IT Accessibility Initiative (Home Page)

(http://section508.gov/) for detailed information.

Applicable Standards:

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

______ 1194.21 Software applications and operating systems.

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

_____ 1194.23 Telecommunications products.

_____ 1194.24 Video and multimedia products.

_____ 1194.25 Self-contained, closed products.

_____ 1194.26 Desktop and portable computers.

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

The following paragraphs summarize the requirements for preparing FHWA reports in conformance with Section 508 for eventual posting by FHWA to an FHWA-sponsored website.

If you have further questions, please contact the FHWA Contracting Officer’s Representative listed in this statement of work.

Electronic documents with images:

Provide a text equivalent for every non-text element in all publications prepared in electronic format. Use descriptions (such as, "alt" and "longdesc") for all non-text images or place them in element content. For all documents prepared, vendors must prepare one standard HTML format

(as described in this statement of work) AND one text format that includes descriptions for all non-text images. “Text equivalent” means text sufficient to reasonably describe the image. For example, an image that is merely decorative requires only a very brief “text equivalent” description. However, if the image conveys information that is important to the content of the report, then text sufficient to reasonably describe that image and its purpose within the context of the report must be provided.

Electronic documents with complex charts or data tables:

When preparing tables that are heavily designed, provide adequate alternate information so that assistive technologies can read them out. Identify row and column headers for data tables.

Provide the information in a non-linear form. Markup shall be used to associate data cells and header cells for data tables that have two or more logical levels of row or column headers.

Electronic documents with forms:

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

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 Microsoft 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.

H.2 POST AWARD EVALUATION OF CONTRACTOR PERFORMANCE

Contractor Performance Evaluations

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

(b) The Contractor can elect to review the evaluation and submit additional information or a rebuttal statement. The Contractor will be permitted 60 calendar days to respond. Contractor response is voluntary. If the Contractor does not respond within 60 days, the Government will presume that the Contractor has no comment. Any disagreement between the parties regarding an evaluation will be referred to an individual at a level above the Contracting Officer, whose decision is final.

(c) Copies of the evaluations, Contractor responses, and review comments, if any, will be retained as part of the contract file, and may be used to support future award decisions.

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 time period. After the FHWA Contract Specialist registers the contract in CPARS, the Contractor will receive a system generated e-mail notifying him/her that the contract is registered. A system generated e-mail will also provide the Contractor with a User ID if the person does not already have a CPARS User ID.

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

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

CPARS.

H.3 GOVERNMENT FURNISHED OR CONTRACTOR ACQUIRED PROPERTY

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

H.4 PROTECTION OF INFORMATION

(a) It is anticipated that in performance of this contract, the Contractor through its employees may have access to, or be in receipt of, certain confidential and proprietary information of

Government Contractors, and/or data relating to FHWA's plans, programs, technical requirements, budgetary matters, and such other information, the disclosure of which may give the Contractor a competitive advantage or be adverse to the interests of the Government. The

Contractor shall not disclose such information acquired to anyone, other than the Government, including Contractor’s other employees, without the prior written consent of the Contracting

Officer.

(b) To the extent that the work under this contract requires access to proprietary, business confidential, or financial data of other companies, and provided such data is marked “Proprietary and Confidential,” the Contractor shall protect such information from unauthorized use and disclosure and agrees not to use it to compete against such companies.

(c) For these purposes, “Proprietary and Confidential” information shall mean any information reasonably so designated that is not generally available to the public; but not information that becomes available on a non-confidential basis from another source, or was known to Contractor on a non-confidential basis prior to its disclosure to Contractor in the performance of this contract.

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

H.5 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 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.8 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.

SECTION I

Contract Clauses

I.1 CLAUSES INCORPORATED BY REFERENCE

52.252-2 CLAUSES INCORPORATED BY REFERENCE. (FEB 1998)

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

www.acquisition.gov

52.202-1 DEFINITIONS. (NOV 2013)

52.203-3 GRATUITIES. (APR 1984)

52.203-5 COVENANT AGAINST CONTINGENT FEES. (MAY 2014)

52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT.

(SEP 2006)

52.203-7 ANTI-KICKBACK PROCEDURES. (MAY 2014)

52.203-8 CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS FOR

ILLEGAL OR IMPROPER ACTIVITY. (MAY 2014)

52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY.

(MAY 2014)

52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL

TRANSACTIONS. (OCT 2010)

52.203-13 CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT. (APR 2010)

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND

REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER

RIGHTS. (APR 2014)

52.203-18 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE

CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS OR

STATEMENTS (JAN 2017)

52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY

AGREEMENT OR STATEMENTS. (JAN 2017)

52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON POSTCONSUMER FIBER

http://www.acquisition.gov/

CONTENT PAPER. (MAY 2011)

52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL

(JAN 2011)

52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER

SUBCONTRACT AWARDS. (OCT 2016)

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE. (OCT 2016)

52.204-14 SERVICE CONTRACT REPORTING REQUIREMENTS. (OCT 2016)

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE.

(JUL 2016)

52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND

CERTIFICATIONS. (DEC 2014)

52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN

SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED,

OR PROPOSED FOR DEBARMENT. (OCT 2015)

52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING

RESPONSIBILITY MATTERS. (JUL 2013)

52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC

CORPORATIONS. (NOV 2015)

52.210-1 MARKET RESEARCH. (APR 2011)

52.215-2 AUDIT AND RECORDS - NEGOTIATION. (OCT 2010)

52.215-8 ORDER OF PRECEDENCE - UNIFORM CONTRACT FORMAT. (OCT 1997)

52.215-14 INTEGRITY OF UNIT PRICES (OCT 2010)

52.215-19 NOTIFICATION OF OWNERSHIP CHANGES. (OCT 1997)

52.219-8 UTILIAZATION OF SMALL BUSINESS CONCERNS. (NOV 2016)

52.219-14 LIMITATIONS ON SUBCONTRACTING. (JAN 2017)

52.219-28 POST-AWARD SMALL BUSINESS REPRESENTATION (JUL 2013)

52.222-3 CONVICT LABOR. (JUN 2003)

52.222-17 NONDISPLACEMENT OF QUALIFIED WORKERS. (MAY 2014)

52.222-21 PROHIBITION OF SEGREGATED FACILITIES. (APR 2015)

52.222-26 EQUAL OPPORTUNITY. (SEP 2016)

52.222-35 EQUAL OPPORTUNITY FOR VETERANS. (OCT 2015)

52.222-37 EMPLOYMENT REPORTS ON VETERANS. (FEB 2016)

52.222-38 COMPLIANCE WITH VETERAN’S EMPLOYMENT REPORTING

REQUIREMENTS. (SEP 2010)

52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR

RELATIONS ACT. (DEC 2010)

52.222-41 SERVICE CONTRACT LABOR STANDARDS. (MAY 2014)

52.222-43 FAIR LABOR STANDARDS ACT AND SERVICE CONTRACT LABOR

STANDARDS-PRICE ADJUSTMENT (MULTIPLE YEAR AND OPTION

CONTRACTS). (MAY 2014)

52.222-50 COMBATING TRAFFICKING IN PERSONS. (MAR 2015)

52.222-54 EMPLOYMENT ELIGIBILITY VERIFICATION. (OCT 2015)

52.222-60 PAYCHECK TRANSPARENCY (EXECUTIVE ORDER 13673) OCT 2016)

52.222-61 ARBITRATION OF CONTRACTOR EMPLOYEE CLAIMS (EXECUTIVE

ORDER 13673) (DEC 2016)

52.222-62 PAID SICK LEAVE UNDER EXECUTIVE ORDER 13706) (JAN 2017)

52.223-6 DRUG-FREE WORKPLACE. (MAY 2001)

52.223-10 WASTE REDUCTION PROGRAM (MAY 2011)

52.223-18 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING

WHILE DRIVING. (AUG 2011)

52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES. (JUN 2008)

52.227-1 AUTHORIZATION AND CONSENT. (DEC 2007)

52.227-2 NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT

INFRINGEMENT. (DEC 2007)

52.227-3 PATENT INDEMNITY (APR 1984)

52.227-14 RIGHTS IN DATA-GENERAL (MAY 2014)

52.227-16 ADDITIONAL DATA RIGHTS. (JAN 1987)

52.228-5 INSURANCE-WORK ON A GOVERNMENT INSTALLATION (JAN 1997)

52.229-3 FEDERAL, STATE, AND LOCAL TAXES. (FEB 2013)

52.232-1 PAYMENTS. (APR 1984)

52.232-7 PAYMENTS UNDER TIME-AND-MATERIALS AND LABOR-HOUR

CONTRACTS. (AUG 2012)

52.232-8 DISCOUNTS FOR PROMPT PAYMENT. (FEB 2002)

52.232-11 EXTRAS. (APR 1984)

52.232-17 INTEREST. (MAY 2014)

52.232-23 ASSIGNMENT OF CLAIMS. (MAY 2014)

52.232-25 PROMPT PAYMENT. (JAN 2017)

52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER - SYSTEM FOR

AWARD MANAGEMENT. (JUL 2013)

52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS. (JUN 2013)

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS

SUBCONTRACTORS. (DEC 2013)

52.233-1 DISPUTES. (MAY 2014)

52.233-3 PROTEST AFTER AWARD. (AUG 1996)

52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM. (OCT 2004)

52.242-1 NOTICE OF INTENT TO DISALLOW COSTS. (APR 1984)

52.242-13 BANKRUPTCY. (JUL 1995)

52.243-3 CHANGES – TIME-AND-MATERIAL OR LABOR HOURS. (SEPT 2000)

52.245-1 GOVERNMENT PROPERTY. (JAN 2017)

52.245-9 USE AND CHARGES (APR 2012)

52.246-25 LIMITATION OF LIABILITY - SERVICES. (FEB 1997)

52.249-6 TERMINATION (COST-REIMBURSEMENT) – ALTERNATE IV (MAY 2004)

52.249-14 EXCUSABLE DELAYS. (APR 1984)

52.253-1 COMPUTER GENERATED FORMS. (JAN 1991)

1252.223-73 SEAT BELT USE POLICIES AND PROGRAMS. (APR 2005)

1252.242-72 DISSEMINATION OF CONTRACT INFORMATION. (OCT 1994)

1252.245.70 GOVERNMENT PROPERTY REPORTS. (OCT 1994)

I.2 CLAUSES INSERTED IN FULL TEXT

52.217-8 OPTION TO EXTEND SERVICES. (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor.