RFP_DTFH6117R00051.pdf

DTFH6117R00051

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 59

C. E-MAIL ADDRESS

EXT.NUMBERAREA CODE

B. TELEPHONE (NO COLLECT CALLS)A. NAME

10. FOR

INFORMATION

CALL:

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

(Date)(Hour) local timeuntildepository located in Refer to Section L.8 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

H

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

HRDI201700000009PR08/02/2017

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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

1200 ES 09/01/2017

Dewhyte G. McPherson 202 dewhyte.mcpherson@dot.gov

366-0494

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PAGE(S)

Joseph A. Fusari

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition is unusable

STANDARD FORM 33 (Rev. 9-97)

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

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

2 59

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

DTFH6117R00051

(A) (B) (C) (D) (E) (F)

The Contractor shall provide Pavement Maintenance

Techniques: Best Practices.

00001 The Contractor shall provide Pavement Maintenance

Techniques: Best Practices.

Pricing: Firm Fixed Price

Period of Performance: 20 months

Payment: Refer to Section J.1

OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

NSN 7540-01-152-8067

SECTION B - Supplies or Services/Prices

B.1 FIXED PRICE WITH REIMBURSABLE MATERIALS

The Contractor shall furnish all equipment, travel, materials and personnel necessary to provide the Federal Highway Administration (FHWA) with non-personal technical support for

“Pavement Maintenance Techniques: Best Practices”, as described in Section C below.

This is a Firm Fixed Price contract.

B.2 FIRM FIXED PRICE

The total amount for the performance of this Firm-Fixed Price (FFP) contract is: [To be completed at award]

NOTE: See Section J.1 for the Milestone Payment Schedule.

Description Amount

The Contractor shall provide the Pavement

Maintenance Techniques: Best Practices

Travel $3,900.00

Total $

TRAVEL: All travel shall be reimbursed at cost in accordance with the Travel and Per Diem clause (reference Section G). Travel and Pier Diem is included in the above figure and shall not exceed $3,900.00 for the total period of performance.

SECTION C - Description/Specifications

C.1 BACKGROUND

The FHWA has some existing guidance for highway maintenance, including the repair of potholes in asphalt surfaced pavements, sealing and filling cracks in asphalt surfaces pavements, rapid repair of partial depth spalls in concrete pavements, and repair of joint seals in Portland

Cement Concrete (PCC) pavements. These, however, are older, unconsolidated publications and in need of updating. The outcome of this project will contribute towards the goal of updating these documents and bring FHWA guidance up to current state of the practice.

C.2 CONTRACT SCOPE

The scope of this contract is limited to developing best practices and technical guidance for maintaining roadways to an acceptable level of performance.

C.3 OBJECTIVE

The primary objective of this project is to develop a comprehensive best practices guide and an accompanying set of tech briefs that will provide guidance for the specified maintenance activities, techniques, and materials. The target audience for this effort is state and local highway maintenance managers and field crew leaders.

C.4 DETAILED REQUIREMENT

The Contractor shall provide the necessary personnel, material, equipment, services and facilities to perform the requirements in this contract.

C.4.1 Products/Deliverables

The type of products/deliverables submitted under this contract may consist of, but are not limited to the following:

Guidance documents

Literature Review

Webinars

Technical Briefs

C.4.1.1 Conduct a kickoff meeting

The Contractor shall organize and conduct a kickoff meeting to be held either at the Federal

Highway Administration’s Turner-Fairbank Highway Research Center (TFHRC) or remotely via web conference, which shall address the following:

Introduction of research and FHWA team members;

Review and refine, if necessary, the scope of work;

Establish individual roles and responsibilities

Refine, if necessary, the working schedule;

Produce and deliver within two weeks from the meeting date: a contact list, detailed minutes and a meeting summary that includes any action items

NOTE: The Work Plan shall be consistent with the contract and all exhibits. The Work Plan shall not be construed to override or change the requirement or exhibits of this contract. The controlling document for the requirement shall be the contract, its exhibits, and any modifications issued.

C.4.1.2 Literature/Practice Review

The Contractor shall conduct a literature/practice review that reflects a careful and thorough investigation regarding highway maintenance techniques that agencies perform for roadway maintenance, for both flexible and rigid pavements. The specified techniques shall include:

1) Repair of potholes in asphalt (flexible) pavements;

2) Crack filling/sealing of flexible pavements;

3) Rapid repair of partial depth spalls in concrete (rigid) pavement;

4) Repair of joint seals in rigid pavement;

5) One additional contractor-proposed flexible pavement maintenance treatment;

6) One additional contractor-proposed rigid pavement maintenance treatment.

Maintenance in the context of this project does not include preservation-related surface treatments such as chip seals or microsurfacing. Regionally representative DOTs shall be included in this investigation; it is important that the selected agencies be geographically dispersed such that the maintenance techniques captured are representative of the four major climatic regions (wet/freeze, wet/no-freeze, dry/freeze, dry/no-freeze). The investigation shall not be limited to state DOTs; indeed, it is believed that much useful maintenance information may be obtained through local agencies.

It is anticipated that this task will be accomplished through national/international interviews and document/publication research of industry and owner agency practices. Due to limitations imposed by the Paperwork Reduction Act of 1995, the issuance of printed and/or electronic surveys is limited to a total number of nine; therefore, it is anticipated that the majority of the data for this effort will not be obtained by survey. It is acknowledged that much, if not all, needed data exists as existing publications, standard operating procedures, and staff institutional knowledge. The expectation is that the contractor will possess the knowledge, network, and resources to be able to gather all necessary material to successfully complete the project.

This literature/practice review shall be presented to the COR as a draft deliverable prior to proceeding with the next task.

C.4.1.3 Compare and Contrast Data

The Contractor shall compare and contrast the gathered data based on the literature and practice review to determine commonalities in highway maintenance practice for each treatment. The

Contractor shall develop a draft guidance document that covers each of the six treatment techniques, and takes into consideration and regional/climatic differences. This document shall be tailored for use by the target audience of highway maintenance practitioners, and shall be prescriptive in materials and methods for each technique. This draft document shall be approved by COR prior to proceeding with further tasks and, once finalized, will be incorporated into the culminating deliverables associated with C.4.1.6.

C.4.1.4 Develop Techbrief

The Contractor shall develop one individual techbrief for each of the six identified maintenance activities. The purpose of the techbrief is to be a standalone guidance document that describes the appropriate use, limitations, methods, and materials for each of the maintenance treatments.

These documents shall be concise and written for the target audience of field maintenance supervisors and workers.

The FHWA foresees no more than three - four pages length for each techbrief. The techbriefs to be developed shall be formatted as “quick-start” guides for their respective pavement maintenance activity. The techbrief shall follow the guidelines of the Turner-Fairbank Highway

Research Center 2017 Communications Reference Guide (CRG) which is available at https://www.fhwa.dot.gov/publications/research/general/15058/15058.pdf

C.4.1.5 Webinar Presentation

The Contractor shall develop, market, coordinate, host and deliver one webinar presentation up to two hours in length including a question-and-answer period that will describe and summarize the project effort, highlight the six pavement maintenance techniques and their respective techbriefs, and detail how the techbriefs may be obtained. This webinar shall be recorded, and made available via a contractor-provided link for at least one year from the date of the original

“live” event. The target audience is highway maintenance practitioners and stakeholders, and the contractor shall develop a mailing/invite list, to be approved by the COR prior to marketing the webinar. Any slide deck developed for the webinar shall be submitted to the COR ahead of the

“live” webinar. For the “live” webinar, the contractor shall provide the webinar/call-in account for up to 200 attendees

The webinar shall also include a separate practice session, where the webinar is presented internally to the FHWA staff for review and comment in advance of the “live” event. For the

“practice” webinar, the FHWA shall provide the conference call and webconference account, and shall develop the invitation list.

C.4.1.6 Final Document

The Contractor shall develop and deliver the culminating document for the project, including a comprehensive final report that details the context, motivation, methodology, and findings. All deliverable documentation shall follow the guidelines of the Turner-Fairbank Highway Research

Center 2017 Communications Reference Guide (CRG) which is available at https://www.fhwa.dot.gov/publications/research/general/15058/15058.pdf

A section of the final report shall aggregate the individual techbriefs, and be presented as a standalone maintenance technique guidance section, reflecting the work that was done in earlier tasks. The final report will also be presented in-person by the Principal Investigator (PI) and any necessary members of the research team at Turner-Fairbank Highway Research Center, and simultaneously as a live webconference. For this webconference, the FHWA will provide a physical meeting space, conference call account, and web room. The meeting shall be up to three hours in length, including a question and answer session. If any slides are developed for this presentation, these shall be delivered to the COR at least 24 hours prior to the presentation.

C.5 PROGRESS REPORTS

The Contractor shall submit progress reports to the Contracting Officer’s Representative (COR) and the Contract Specialist (CS). These reports shall be prepared on a monthly basis and submitted by the 10th of the month following the reporting period. The reports shall be in format as directed by the COR and, at a minimum, include the following items:

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

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

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

C.6 ANNUAL REPORT

The contractor shall furnish 1 electronic copy (in Microsoft Office 2010 or equivalent) of a letter-type annual report to the Contracting Officer and to the Contracting Officer’s

Representative on or before 30 calendar days before the end of each contract year. The annual report shall contain the following:

(a) A brief narrative commenting on performance during the reporting period for each of the following areas:

1) Quality of Product/Service

2) Schedule

3) Cost Control

4) Business Relations

5) Management of Key Personnel

6) Utilization of Small Businesses

7) Other

The annual report will be used by the COR as part of the annual performance review.

SECTION D - Packaging and Marking

D.1 PACKAGING

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

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

SECTION E - Inspection and Acceptance

E.1 ACCEPTANCE

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

E.2 GOVERNMENT ACCEPTANCE PERIOD

Unless stated elsewhere in each task order, the COR will have 15 calendar days to review draft deliverables and make comments. The Contractor shall have 7 calendar days to make corrections and return the corrected deliverable to the government. Upon receipt of the final deliverables, the

COR will have 15 calendar days for final review prior to acceptance or providing documented reasons for non-acceptance.

E.3 PEFORMANCE REQUIREMENTS SUMMARY

The Contractor service requirements are summarized into performance objectives that relate directly to mission essential items. The performance threshold briefly describes the minimum acceptable levels of service required for each requirement. These thresholds are critical to mission success.

Performance Objective Performance Standard Performance

Threshold

Method of

Surveillance

PRS # 1.

The Contractor shall organize, attend, present at, and provide summary documentation for a project kickoff meeting at

Turner-Fairbank Highway

Research Center.

The Contractor provided the work under PRS#1 on schedule and to the satisfaction of the

COR.

Zero deviation from standard.

COR’s attendance at the meeting and deliverables received.

PRS # 2

The Contractor shall conduct an Interim

Report—Literature/Practice

Review.

The Contractor performed a well-researched, thorough

Literature Review, and developed appropriate and justifiable Case Studies. The report was ready for FHWA review. The deliverable was submitted on schedule.

Zero deviation from standard.

Deliverables submitted to

Performance Objective Performance Standard Performance

Threshold

Method of

Surveillance

PRS # 3

The Contractor shall develop an Interim maintenance techniques guidance document, based on the six identified techniques.

The Contractor developed a thorough, well-researched, and high quality draft guidance document.

Zero deviation from standard.

Deliverables submitted to

COR.

PRS # 4

The Contractor shall develop and deliver six (6) draft and final versions of

TechBrief(s).

The Contractor develops, prepares and delivers six TechBrief documents that concisely and accurately summarizes the respective maintenance technique, and is targeted toward the indicated audience.

Zero deviation from standard.

Deliverables submitted to

COR.

PRS # 5

The Contractor shall develop, organize, arrange, and conduct one webinar that presents the work of the project.

The Contractor develops and presents a well-prepared, informative and thorough presentation, including practice session.

Zero deviation from standard.

Deliverables submitted to

COR.

PRS # 6

The contractor shall develop and deliver a final product that includes the projects’ final report, copyright releases, any project data, and the Section 508 captions and other related material.

This documentation shall also be presented in-person.

All documentation shall be delivered consistent with the

2017 Communications

Reference Guide

Contractor submits deliverables to the satisfaction of the COR and

FHWA.

Zero deviation from standard.

Deliverables submitted to

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

SECTION F - Deliveries or Performance

F.1 PERIOD OF PERFORMANCE

The period of performance under this contract consists of a 20 months beginning on the effective date of the contract.

F.2 DELIVERABLE/DELIVERY SUMMARY

Deliverables may range in a variety of formats and types consistent with the task areas described in Section C, as follows:

Deliverable Reference Delivery Date Delivery Format Recipient

Progress Report C.5 Monthly Electronic/PDF COR

Annual Report C.6 Annually Electronic/PDF COR

Detailed Requirement C.4 Refer to C.4 Refer to C.4 Refer to C.4

F.3 DELIVERABLES TABLE

This technical exhibit lists any reports or documentation that is required as a deliverable to include the frequency, # of copies, medium/format and who/where it is to be submitted. A deliverable is anything that can be physically delivered but may include non-physical things such as meeting minutes.

DELIVERABLE FREQUENCY # OF COPIES MEDIUM/FORMAT SUBMIT TO

1. Kickoff Meeting

Summary One-time, up to two weeks from date of kickoff meeting.

one electronic copy

MS Word, Excel or

Adobe® Acrobat®

PDF PowerPoint form the kickoff.

COR

2. Interim

Report—Literature

/Practice Review

One-time, up to six months from date of contract award one electronic copy MS Word or

Adobe® Acrobat®

PDF

3. Interim

Deliverable:

maintenance techniques guidance document based on the six identified techniques

One-time, up to eight months from date of contract award one electronic copy MS Word or

Adobe® Acrobat®

DELIVERABLE FREQUENCY # OF COPIES MEDIUM/FORMAT SUBMIT TO

4. Develop and deliver six

TechBrief Drafts.

5. Develop six

TechBrief Final form, including all government edits, ready for publication.

One-time for each, up to 10 months from award of contract

One-time for each, up to 12 months from award of contract

One electronic copy of each.

One electronic copy for each

Electronic copy in both MS Word or

Adobe® Acrobat®

PDFWeb-based presentation for project and results.

Electronic copy in both MS Word or

Adobe® Acrobat®

PDFelectronic copy in both MS

Word or Adobe®

Acrobat® PDF

6. Webinar

One-time, up to

12 months from award of contract.

One electronic copy for each electronic copy in both MS Word or

Adobe® Acrobat®

PDFelectronic copy in both MS

Word or Adobe®

Acrobat® PDF

COR

7. Final

Deliverables including all documentation, 508 captions, copyright releases, government edits, ready for publication.

One-time, up to

12 months from award of contract one electronic copy, ready for publication

MS Word and

Adobe® Acrobat®

F.4 PLACE OF DELIVERY

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

Federal Highway Administration

6300 Georgetown Pike

McLean, VA 22101

Marked for: COR

The Contractor shall submit Interim and Final Deliverables to the COR once these deliverables have been accepted by the Government. The Contractor shall include the contract number (and task order number if appropriate) in the email subject line for each deliverable. The Government may request the Contractor to include additional specified keywords in the subject line of emails containing deliverables. Additionally, the Government may request the Contractor to submit

Deliverables to an electronic repository as specified by the COR.

The annual and monthly progress reports shall be delivered to COR and Contract Specialist.

F.5 PLACE OF PERFORMANCE

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

F.6 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 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.

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

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

http://www.w3.org/

SECTION G - Contract Administration Data

G.1 PAYMENT- (FFP)

Payment of the prices delineated in Section J.1 to be made after FHWA acceptance in writing, of the deliverables and receipt of a proper invoice.

The Government shall pay the Contractor for the prices delineated in the contract. Payment shall be made upon review and written acceptance of the firm fixed price deliverable(s) by the

Government.

G.2 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 Contracting Officer.

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

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

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: Contract Specialist

Example: Invoice No. 35 – DTFH6117D000XX – Contractor Name – Attention: Contract

Specialist

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

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

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

MMAC

FHWA/AMZ-150

6500 S. MacArthur Blvd

Oklahoma City, OK 73169

Attention: Contract Specialist

Express Delivery Point of Contact: 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: Contract Specialist

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

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 defines in the base contract clause entitled “Changes”;

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

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

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

G.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 Program

Manager for this contract is [Fill-in at Award], who shall communicate with the COR to determine the Government's work requirements as set forth in the Statement of Work and shall assure that these requirements are fulfilled. In the event the designated Project Manager is incapacitated due to illness or injury or otherwise is to be removed by the Contractor during the contract performance, replacement of the incumbent Project Manager shall be subject to the approval of the CO.

G.7 VEHICULAR AND GENERAL PUBLIC LIABILITY INSURANCE

(a) The Government cannot indemnify the Contractor or its subcontractor(s) from liability as a result of the performance of work under this contract. The Contractor shall be liable for, and shall indemnify and hold harmless the Government against all actions or claims for loss of or damage to property or the injury or death of persons, resulting from the fault, negligence, or wrongful act or omission of the Contractor, its agents, or its employees.

(b) Therefore, if the Contractor is required under the Statement of Work of this contract or any task order issued hereunder, to operate motor vehicles, trailers, and/or marine vessels owned or leased by the Government, the Contractor shall obtain adequate property, vehicle and liability insurance during the entire period of performance.

(c) The Contractor agrees to maintain, during the continuance of this contract, vehicular or water craft damage (collision and comprehensive), liability, and general public liability insurance with limits of liability for :

(1) Bodily Injury of not less than $1,000,000 for each person and $2,000,000 for each occurrence; and

(2) Property damage of not less than $200,000 for each accident.

(d) The U.S. Department of Transportation- Federal Highway Administration shall be listed as an Additional Insured Party of any policy obtained under this contract.

(e) The Contractor shall notify the Contracting Officer (CO) in writing that the required insurance has been obtained and shall furnish a copy of any policies to the CO. The policies evidencing required insurance shall contain an endorsement to the effect that any cancellation or any material change adversely affecting the interests of the Government shall not be effective until 30 days after written notice has been provided to the CO. The policies shall exclude any claim by the insurer for subrogation against the Government by reason of any payment under the policies.

SECTION H - Special Contract Requirements

H.1 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.2 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.3 POST AWARD EVALUATION OF CONTRACTOR PERFORMANCE

Contractor Performance Evaluations

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

(b) The Contractor can elect to review the evaluation and submit additional information or a rebuttal statement. The Contractor will be permitted 60 calendar days to respond.

Contractor response is voluntary. If the Contractor does not respond within 60 days, the

Government will presume that the Contractor has no comment. Any disagreement between the parties regarding an evaluation will be referred to an individual at a level above the Contracting Officer, whose decision is final.

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

Federal Highway Administration utilizes the Contractor Performance Assessment Reporting

System (CPARS) to record and maintain past performance information. CPARS hosts a suite of web-enabled applications that are used to document Contractor performance information that is required by Federal Regulations.

The CPARS module assesses performance on contracts for Systems, Services, Information

Technology, Operations Support, Architect-Engineer Services, and Construction. CPARS reference material can be accessed at http://www.cpars.gov/.

The registration process requires the Contractor to identify an individual that will serve as a primary contact. This individual will be authorized access to the evaluation for review and comment. In addition, the Contractor is encouraged to identify a secondary contact in the event the primary contact is unavailable to process the evaluation within the required 60-day time period. After the FHWA Contract Specialist registers the contract in CPARS, the Contractor will receive a system generated e-mail notifying him/her that the contract is registered. A system generated e-mail will also provide the Contractor with a User ID if the person does not already have a CPARS User ID.

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

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

CPARS.

H.4 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.5 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.

http://www.cpars.gov/

(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.6 U.S. DEPARTMENT OF TRANSPORTATION (DOT) CONTRACTOR

PERSONNEL SECURITY AND AGENCY ACCESS (NOVEMBER 2011)

The following definitions are provided:

• “Agency Access” means access to DOT facilities, sensitive information, information systems or other DOT resources.

• “Applicant” is a contractor employee for whom the contractor submits an application for a

DOT identification card.

• “Contractor Employee” means prime contractor and subcontractor employees who require agency access to perform work under a DOT contract.

• “Identification Card” (or “ID card”) means a government issued or accepted identification card such as a Personal Identity Verification (PIV) card, a PIV-Interoperable (PIV-I) card from an authorized PIV-I issuer, or a non-PIV card issued by DOT, or a non-PIV card issued by another

Federal agency and approved by DOT. PIV and PIV-I cards have physical and electronic attributes that other (non-PIV) ID cards do not have.

• “Issuing Office” means the DOT entity that issues identification cards to contractor employees.

• “Local Security Servicing Organization” means the DOT entity that provides security services to the DOT organization sponsoring the contract.

(a) Risk and Sensitivity Level Designations – For contracts requiring access to DOT facilities, sensitive information, information systems or other DOT resources, the contractor employees will be required to complete background investigations, identity proofing, and government identification card application procedures to determine suitability for access. DOT will assign a risk and sensitivity level designation to the overall contract and/or to contractor employee positions by category, group or individual.

The risk and sensitivity level designations will be the basis for determining the level of personnel security processing required for contractor employees.

IF THE DESIGNATED RISK IS: THE BACKGROUND INVESTIGATION IS:

Low National Agency Check with Written Inquiries (NACI)

Moderate Minimum Background Investigation (MBI)

High Background Investigation (BI)

Contractor employees may also be required to obtain security clearances (i.e., Confidential, Secret, or Top Secret). National Security work designated “special sensitive,” “critical sensitive,” or “non-critical sensitive” will determine the level of clearance required for contractor employees. Personnel security clearances for national security contracts in DOT will be processed according to the Department of Defense National Industrial Security Program

Operating Manual (NISPOM).

(b) Pre-screening of Contractor Employees - The contractor must pre-screen individuals designated for employment under any DOT contract by verifying minimal suitability requirements to ensure that only quality candidates are considered for contract employment, and to mitigate the burden on the Government of conducting background investigations on objectionable applicants. The contractor must exercise due diligence in pre-screening all employees prior to submission to DOT for agency access. DOT may decline to grant agency access to a contractor employee for reasons including, but not limited to:

(1) Conviction of a felony, a crime of violence, or a misdemeanor involving moral turpitude.

(2) Falsification of information entered on forms or of other documents submitted.

(3) Improper conduct including criminal, infamous, dishonest, immoral, or notoriously disgraceful conduct or other conduct adverse to the Government regardless of whether the conduct is directly related to the contract.

(4) Any behavior judged to pose a potential threat to DOT facilities, sensitive information, information systems or other resources.

(c) Citizenship and Alien Status - The contractor must monitor an alien’s continued authorization for employment in the United States. The contractor must provide documentation to the Contracting Officer or the Contracting Officer’s Representative during the background investigation process that validates that the E-Verify requirement has been met for each contractor employee.

(d) Background Investigation and Adjudication – The contractor employee must have a favorable adjudication of background investigation before DOT will issue an ID card to the contractor employee granting access to DOT facilities, sensitive information, information systems or other DOT resources. DOT may accept favorable adjudications of background investigations from other Federal agencies when applicants have held PIV cards issued by those agencies with no break in service. DOT may also accept PIV-I

(interoperable) cards issued by an authorized PIV-I issuer as evidence of identity. A favorable adjudication does not preclude DOT from initiating a new investigation when deemed necessary. At a minimum, the FBI National Criminal History Check (fingerprint check) must be favorably completed before a DOT identification card can be issued.

Each contractor must use the Office of Personnel Management’s (OPM) e-QIP system to complete any required investigative forms. Instructions for obtaining fingerprints will be provided by the COR or CO. The DOT Office of Security, M-40, or a DOT organization delegated authority by M-40, is responsible for adjudicating the suitability of contractor employees.

(e) Agency Access Denied – Upon contract award, DOT will initiate the agency access procedure for all contractor employees requiring access to DOT facilities, sensitive information, information systems and other DOT resources for contract performance.

DOT may deny agency access to any individual about whom an adverse suitability determination is made. Failure to submit the required security information or to truthfully answer all questions shall constitute grounds for denial of access. The contractor must not provide agency access to contractor employees until the COR or CO provides notice of approval, which is authorized only by the DOT Office of Security

(M-40) or a DOT organization delegated authority by M-40. Where a proposed contractor’s employees are denied agency access by the Government or, if for any reason proposed applications are withdrawn by the contractor during the agency access process, the additional costs and administrative burden for conducting additional background investigations caused by a lack of effective pre-screening or planning on the part of the contractor may be considered as part of the contractor’s overall performance evaluation.

(f) Identification Card Application Process - The COR will be the DOT ID card Sponsor and point of contact for the contractor’s application for a DOT ID card. The COR shall review and approve the DOT ID card application before an ID card is issued to the applicant. An applicant may be issued either a Personal Identity Verification (PIV) card that meets the standards of Homeland Presidential Security Directive (HSPD-12), or an applicant may be issued a non-PIV card. Generally, a non-PIV card will be issued for contracts that expire in six months or less, including option periods. The COR may request the issuing office to waive the six month eligibility requirement when it is in

DOT’s interest for contract performance.

The applicant must complete a DOT on-line application for a PIV card. For a non-PIV card, the applicant must complete and submit a hard copy of Form 1681 to the

COR/Sponsor. Regardless of the type of card to be issued (PIV or non-PIV), the applicant must appear in-person to provide two forms of identity source documents in original form to DOT. The identity source documents must come from the list of acceptable documents included in Form I-9, OMB No. 1115-0136, Employment

Eligibility Verification. At least one document must be a valid State or Federal government-issued picture identification. For a PIV card, the applicant may be required to appear in-person a second time for enrollment and activation.

(g) Identification Card Custody and Control – The contractor is responsible for the custody and control of all forms of government identification issued by DOT to contractor employees for access to DOT facilities, sensitive information, information systems and other DOT resources. The contractor must immediately notify the COR or, if the COR is unavailable, the CO when a contractor employee no longer requires agency access due to transfer, completion of a project, retirement, removal from work on the contract, or termination of employment.

The contractor is responsible for maintaining and safeguarding the DOT ID card upon issuance to the contractor employee. The contractor must ensure that contractor employees comply with DOT requirements concerning the renewal, loss, theft, or damage of an ID card. The contractor must immediately notify the COR or, if the COR is unavailable, the CO when an ID card is lost, stolen or damaged.

Failure to comply with the requirements for custody and control of DOT ID cards may result in withholding final payment or contract termination based on the potential for serious harm caused by inappropriate access to DOT facilities, sensitive information, information systems or other

DOT resources.

(1) Renewal: A contractor employee’s DOT issued ID card is valid for a maximum of three years or until the contract expiration date (including option periods), whichever occurs first. The renewal process should begin six weeks before the PIV card expiration date.

If a PIV card is not renewed before it expires, the contractor employee will be required to sign-in daily for facility access and may have limited access to information systems and other resources.

(2) Lost/Stolen: Immediately upon detection, the contractor or contractor employee must report a lost or stolen DOT ID card to the COR, or if the COR is unavailable, the CO, the issuing office, or the local servicing security organization. The contractor must submit an incident report within 48 hours, through the COR or, if the COR is unavailable, the

CO, the issuing office, or the local security servicing organization describing the circumstances of the loss or theft. The contractor must also report a lost or stolen PIV card through the DOT on-line registration system. If the loss or theft is reported by the contractor to the local police, a copy of the police report must be provided to the COR or

CO. From the date of notification to DOT, the contractor must wait three days before getting a replacement ID card.