IDIQ_RFP_P6.pdf

SECTION B – Schedule of Items

B.1 ID/IQ MINIMUM AND MAXIMUM CONTRACT AMOUNTS

This is an Indefinite Delivery/Indefinite Quantity (IDIQ) Contract utilizing Firm-Fixed Price (FFP) and Time-and-Materials (T&M)/Labor Hour task orders in accordance with FAR 16.500.

During the term of the contract, the Government shall place orders totaling a minimum of $50,000 which is anticipated to be satisfied with the award of the first Task Order. The maximum amount of all task orders issued against all contracts awarded as a result of this acquisition shall not exceed a ceiling of $10,000,000.00.

B.2 5-YEAR RATE TABLE

Labor skill sets and rate ceilings governing this contract shall conform to the descriptions show below and apply for each of the described categories in Section C for each of the contract year(s). The unit of issue (rates) is the fully burdened fixed price hourly rate.

EFLHD=Eastern Federal Lands Highway Division office in Sterling, VA.

CFLHD=Central Federal Lands Highway Division office in Lakewood, CO.

WFLHD=Western Federal Lands Highway Division office in Vancouver, WA.

HQ= Federal Highway Administration headquarters in Washington, D.C.

Complete tables below by inserting the fully burdened hourly rates:

*Note: N/A means

Year 1 (April 1, 2018 through March 31, 2019)*

*BI Report Developer and Primavera Specialist will only work Off-Site, therefore pricing is not needed for the specific EFLHD, CFLHD, WFLHD, or HQ locations.

EFLHD

(Sterling VA)

CFLHD

(Lakewood, CO)

WFLHD

(Vancouver, WA)

HQ

(Washington, D.C.)

Off-Site

LINE

ITEM

DESCRIPTION

UNIT

BURDENED

UNIT PRICE

BURDENED

UNIT PRICE

BURDENED

UNIT PRICE

1 Lead Scheduler HR

2 Scheduler HR

3 Business Intelligence (BI) Report Developer

HR N/A N/A N/A N/A

4 Primavera Specialist HR N/A N/A N/A N/A

Year 2 (April 1, 2019 through March 31, 2020)*

Year 3 (April 1, 2020 through March 31, 2021)*

EFLHD

(Sterling VA)

CFLHD

(Lakewood, CO)

WFLHD

(Vancouver, WA)

HQ

(Washington, BURDENED

UNIT PRICE

BURDENED

UNIT PRICE

1 Lead Scheduler HR

2 Scheduler HR

3 Business Intelligence (BI) Report Developer

HR N/A N/A N/A N/A

4 Primavera Specialist HR N/A N/A N/A N/A

EFLHD

(Sterling VA)

CFLHD

(Lakewood, CO)

WFLHD

(Vancouver, WA)

HQ

(Washington, BURDENED

UNIT PRICE

BURDENED

UNIT PRICE

1 Lead Scheduler HR

2 Scheduler HR

3 Business Intelligence (BI) Report Developer

Year 4 (April 1, 2021 through March 31, 2022)*

Year 5 (April 1, 2022 through March 31, 2023)* needed for the specific EFLHD, CFLHD, WFLHD, or HQ locations.

*PRICING NOTES: The pricing entered above will be used for evaluation purposes and will be incorporated into the contract for use on future Task Orders. Offerors are encouraged to review TOPR#001 and TOPR#002 for Task Order specific requirements. The above rates are “maximum” rates, offerors may propose discounts, resulting in pricing below the tables, on Task Orders. The intent is for the contractor to provide pricing for TOPR#001 and TOPR#002 with their proposal allowing for simultaneous award of the IDIQ and the first two task orders.

EFLHD

(Sterling VA)

CFLHD

(Lakewood, CO)

WFLHD

(Vancouver, WA)

HQ

(Washington, BURDENED

UNIT PRICE

BURDENED

UNIT PRICE

1 Lead Scheduler HR

2 Scheduler HR

3 Business Intelligence (BI) Report Developer

HR N/A N/A N/A N/A

4 Primavera Specialist HR N/A N/A N/A N/A

EFLHD

(Sterling VA)

CFLHD

(Lakewood, CO)

WFLHD

(Vancouver, WA)

HQ

(Washington, BURDENED

UNIT PRICE

BURDENED

UNIT PRICE

1 Lead Scheduler HR

2 Scheduler HR

3 Business Intelligence (BI) Report Developer

SECTION C - Description/Specifications

C.1 BACKGROUND

The Federal Highway Administration (FHWA), Federal Lands Highway Division (FLHD) uses Primavera Enterprise (P6) project management software for program management, multi-project resource and activity scheduling, earned value, reporting and workload analysis. This Indefinite Delivery, Indefinite Quantity (IDIQ) contract is for the administration of P6, including updates to existing projects, input of new projects, maintenance of historical project data, generate and distribute project information, analyze and explain performance measures, perform resource workload analysis, provide user support on an ongoing basis, perform updates to the P6 software as needed, and write reports in both P6 client and P6 Business Intelligence (BI). This also includes participation in project status update meetings, management of resource pool data, incorporation of actual time charged to activities from time and attendance records, updating or modifying report structures from system output, regularly assessing system operation and implement process improvements that are desired by the users, performing system updates as needed, providing higher tier support on P6, and providing technical guidance and assistance to the users in operation of the system.

Currently, the EFLHD/CFLHD/WFLHD/HQ use P6 but all four offices run their own instances of the program, with differing processes and varying levels of input needed by Government employees. The FHWA anticipates consolidating the practices of all divisions into a single enterprise (aka “One FHWA”), with the contractor helping to achieve and maintain consistency across the Divisions and Headquarters.

C.2 OBJECTIVE

The objecting of this contract is to provide non-personal, professional support services to support the FHWA’s division office scheduling needs. This contract will result in a (1) one base year and (4) four option years Indefinite Delivery, Indefinite Quantity (IDIQ) contract for these services.

The services will be provided at three separate locations in the United States: Central FLHD in Lakewood, CO; Western FLHD in Vancouver, WA; and Eastern FLHD in Sterling, VA. As Task Orders are issued, full-time staff may be required at the three different locations.

Contractor must be able to staff these locations. The requirements at each location are different and will be described in the individual Task Orders.

C.3 CONTRACT SCOPE

Under this contract, the contractor shall provide the necessary supplies and non-personal services to complete the general tasks as described below. The actual requirements will be specified in individual task order awards.

General scope tasks to be allowed under this contract:

1. Managing Project Level Data: Input and/or maintain project schedule and resource P6 data, analyze data to evaluate performance measures, and perform change management.

2. Managing Organizational Level Data: Create, run, and maintain standard and customized reports using P6 and related applications. Input and maintain P6 user/resource databases, maintain historical databases, and maintain work breakdown structure templates and supporting documents.

3. Staff and Team Support: Provide bi-weekly support of P6 timesheets (utilizing Team Member), attend and participate in monthly project status meetings, provide support to Project Controls Teams, and provide support and training to staff related to P6.

4. System Improvements, Upgrades, and Testing: Continuously assess the system operation to identify process improvements, maintain and update a PMIS Procedures Manual, and provide support, testing, and troubleshooting during FLH IT led P6 software upgrades, migrations, production rollout, and other improvements to the P6 platform.

5. Provide expert assistance in transitioning the separate offices processes of using P6 into a single approach across all divisions: This work includes, but is not limited to, testing upgrades and changes (User Testing), optimizing the environments; providing guidance, recommendations, and implementation of a single instance of P6 across all division.

C.4 MINIMUM REQUIREMENTS BY LABOR CATEGORY

Title Description Requirements

Lead Scheduler Administer the Multi-Project

Scheduling System.

Minimum of five years scheduling experience in the engineering, construction, or public works fields, with at least 3 of those using Primavera.

Understanding and experience with scheduling at both the program and project level supporting all project phases. Hands-on schedule experience employing the following concepts: critical path method (CPM) scheduling, float analysis, leading indicators, schedule variance analysis, resource loading, WBS development, progress measurement percent complete, schedule organization, and planning. Excellent communication and reporting skills.

Scheduler Administer the Multi-Project

Scheduling System.

Minimum of three years scheduling experience using Primavera in the engineering, construction, or public works fields. Hands-on schedule experience employing the following concepts: critical path method (CPM) scheduling, float analysis, schedule variance analysis, resource loading, WBS development, progress measurement percent complete, schedule organization and troubleshooting. Excellent communication and customer service skills.

BI Report Developer Create and Manage Custom Reports in Primavera BI.

Minimum of three years report writing experience using Primavera BI. Create, test, maintain and manage various reports in Primavera BI. Excellent attention to detail.

Primavera Specialist Provide Expertise related to

Primavera Software and assist with software updates

Minimum of five years scheduling experience using Primavera. Provide advice, guidance and training related to the implementation and use of Primavera software and other associated products. Provide expertise related to project management processes in an enterprise environment. Assist with implementation of software upgrades and migrations, including providing expertise and coordination on server and network infrastructure, creating or assisting in creating test environments, assisting with installation and configuration of updated software, migrating data for configuration and testing and for going live, troubleshooting, and any additional items involved with a Primavera upgrade, as needed. Perform quality assurance reviews on a periodic basis to ensure that FLH is following best management practices.

C.5 TRANSITIONS

The successful Contractor agrees, during the transition from the incumbent contractor the new contractor, to:

1) Furnish any required phase-in training.

2) Exercise its best efforts and cooperation to affect an orderly and efficient transition.

This could include working with the incumbent contractor to help hand-off services and ensure a seamless transition.

Additionally, at the end of the contract, the Contractor agrees to:

1) Exercise its best efforts and cooperation to affect an orderly and efficient transition. This could include working with the new contractor to help hand-off services and ensure a seamless transition.

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 RESPONSIBILITY & ACCEPTANCE

The Contracting Officer (CO) has the authority to enter into, administer, and/or terminate contracts and make related determinations and findings. The CO may authorize certain representatives (COR) to act within the limits of their authority as delegated by the CO letter for delegation of authority. See Transportation Acquisition Regulation (TAR) Clause 1252.242-73, Section G.

The COR is responsible for the performance of inspections of deliverables upon receipt by the Government and/or evaluations of services completed to date, documentation of inspection/evaluation, and providing the Contractor with copies of inspection/evaluation reports.

GOVERNMENT ACCEPTANCE PERIOD

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

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

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

SECTION F - Deliveries or Performance

F.1 PERIOD OF PERFORMANCE (IDIQ)

The period of performance of this Indefinite Delivery/Indefinite Quantity Contract (for the purpose of placing orders) is (1) one base year and (4) four option years, for a maximum of 5-years from the date of award.

F.2 DELIVERABLE/DELIVERY SUMMARY (IDIQ)

For task orders issued under this contract, specific deliverables and due dates will be specified in the task order documents.

F.3 PLACE OF DELIVERY

Delivery/performance under this contract, within the overall period of performance and under the funds allotted, will be based on the issuance of Task Orders by the CO. The contractor shall provide goods and/or services under this contract only as directed in a Task Order issued by an authorized CO. All funds expended under this contract shall be incurred and accounted for under individual Task Orders. No work shall be performed by the Contractor prior to receipt of a signed Task Order for services.

The work will take place in the WFLHD (Vancouver, WA), CFLHD (Lakewood, CO), EFLHD, (Sterling, VA), and Headquarters (Washington, D.C.) offices. All deliverables shall be to the COR that is appointed for each individual Task Order and at that respective office.

Task Orders may identify specific task deliverables and standards required in the performance of each order. Deliverables may range in a variety of formats and types consistent with the task areas described in Section C. All documents shall be delivered electronically using Microsoft Office suite of tools (i.e. WORD, EXCEL, POWERPOINT, PROJECT or ACCESS format), unless otherwise specified by the COR. Submission shall be made via email, unless otherwise agreed to by the COR.

F.4 PLACE OF PERFORMANCE (TASK ORDER SPECIFIC)

The location of work performed under this contract will be specified in each task order.

F.5 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.

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.

F.7 APPLICABLE CLAUSES

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. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor 30-days prior to the end of the period of performance.

(End of Clause)

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

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

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

SECTION G - Contract Administration Data

G.1 PAYMENT- (IDIQ)

For each firm fixed price task order, the Government shall pay the contractor for the prices delineated in each task order. Payment shall be made upon review and written acceptance of the firm fixed price deliverable(s) by the Government.

For each time and material/labor hour task order, the Contractor may request payment on a monthly basis for work performed during the preceding reporting period. The Contractor shall provide sufficient detail, including fully burdened labor rates and hours worked, to support the invoice.

The Contractor shall not accrue costs in excess of the amount funded under a time and material task order. Any work performed in excess of the amount funded is at the Contractor’s own risk.

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 – DTFH6114D00033 – Contractor Name – Attention: Contract Specialist

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

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

MMAC

FHWA/AMZ-150

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

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

Federal Highway Administration iSupplier 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.”

G5. 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 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 AGENCY TASK ORDER OMBUDSMAN

The Contracting Officer’s selection decision on each Task Order request shall be final and is not subject to protest, except for a protest that the Task Order increases the scope, period, or maximum value of the contract. Accordingly, in accordance with FAR 16.505 (b) (5), an ombudsman has been appointed to hear and facilitate the resolution of contractor’s concerns resulting from task order award. The existence of the ombudsman does not diminish the authority of the Contracting Officer. Further, the ombudsman does not participate in the evaluation of the proposals or the adjudication of formal contract disputes. Therefore, before consulting with the ombudsman, interested parties must first address their concerns, issues, disagreements and/or recommendations to the Contracting Officer for resolution.

If the Contracting Officer cannot make resolution, interested parties may contact the FHWA ombudsman at the following address:

United States Department of Transportation Federal Highway Administration 1200 New Jersey Avenue, SE Washington, DC 20590 Location: E65-101 Attention: Ombudsman

G.8 TASK ORDER PROCEDURES

All funds expended under this contract shall be incurred and accounted for under individual task orders. All task orders (TOs) are subject to the terms and conditions of this contract. The following ordering procedures apply to all task orders issued under this contract. All task orders under this contract will be competed unless a special exception to competition applies. Any supplies/services to be furnished under this contract will be ordered by issuance of written TOs.

TOs shall be issued in accordance with FAR 52.216-18, 52.216-19, and 52.216-22 (See Section I). In addition:

(a) Only an authorized FHWA Contracting Officer can issue a task order for this contract.

(b) All task orders are subject to the terms and conditions of the contract. In the event of conflict between a task order and the contract, the contract will take precedence.

(c) All costs associated with preparation, presentation, and/or discussion of the Contractor’s task order proposal shall not be billable as direct contract expenses.

(d) The Contracting Officer or COR will issue Task Order Proposal Requests (TOPRs) electronically. Each TOPR will indicate the objective or results required by the Government.

This objective will be within the scope, period, and maximum value of the contract. Each TOPR will indicate the Task Order type, the due date for proposal submission, the estimated level of effort (if applicable), any Government estimates for equipment and/or travel, and any special requirements.

(e) Upon receipt of a TOPR, the Contractor shall prepare and submit a written task order proposal within the timeframe specified for submission. The Contractor shall submit one electronic copy of the task order proposal to the Contracting Officer and one electronic copy to the COR. The task order proposal shall include, as a minimum, the following information:

(1) A discussion of the task order objective demonstrating the Contractor’s understanding of the required outcome.

(2) A concise work plan for achieving the task order objectives that clearly demonstrates the Contractors’ understanding of and planned approach to the problem.

(3) A performance schedule that provides the following information:

(i) Planned accomplishments/milestones

(ii) Anticipated problems or challenges

(iii) Planned solutions to anticipated problems or challenges

(4) Qualifications of the proposed staff, including any proposed subject matter expert consultants.

(5) A detailed price proposal, including:

(i) Proposed level of effort and labor categories

(ii) The corresponding labor rates

(iii) Other Direct Costs as applicable (materials, travel, shipping, copying, etc.)

(6) Task Order Conflicts of Interest: The Offerors shall provide a brief statement in each task order proposal that describes in a concise manner all past, present or planned organizational, contractual or other interest(s), which may affect the Offeror’s ability to perform the proposed task order in an impartial and objective manner. The Contracting Officer will review the statement and may require additional relevant information from the Offerors. In accordance with FAR Subpart 9.5, all such information, and any other relevant information known to DOT, will be used to determine whether an award to the Offerors may create an actual or potential conflict of interest. If any such conflict of interest is found to exist, the Contracting Officer may (a) disqualify the Offerors, or (b) determine that it is otherwise in the best interest of the United States to contract with the Offerors and include appropriate provisions to mitigate or avoid such conflict in the contract awarded.

(7) Proposals shall be delivered, on or before the due date, to the Contract Specialist at the following email addresses:

Attn: [Fill-in at Award]

(8) Upon selection/acceptance of a task order proposal, the Contracting Officer shall execute a task order. This task order will contain, as a minimum, the following information:

(i) Name and signature of Contracting Officer

(ii) Task Order Number and Contract Number

(iii) Effective Date of Task Order

(iv) Task Order subject and description of Work (including deliverables/schedule)

(v) Period of Performance

(vi) Total Amount of Task Order

(vii) Accounting Data

(viii) Reporting Requirements

(ix) Work Plan

(x) Key Personnel

(9) No work will be performed and no payment will be made except as authorized by a properly executed TO.

NOTE: The type of Task Orders issued will vary based on the nature of the work requested and the Contracting Officer’s determination.

G.9 ON-SITE DUTY HOURS

Working hours shall generally be from 8:00am to 4:30pm including lunch, Monday through Friday, exclusive of legal holidays, unless otherwise requested or approved by the COR. Work hours for Contractor personnel shall not exceed 80 during each two week pay period unless authorized in accordance with FAR 52.222-2 (See Section I). If vacation time of an employee is expected to exceed 10 consecutive working days or sick leave five consecutive working days, a replacement shall be provided.

G.10 FEDERAL HOLIDAYS AND CLOSURES

The FHWA offices are closed for the following Federal holidays and occasionally during other designated periods. Contractors who work at FHWA or other Government facilities will not be able to perform activities onsite on these days or during those periods designated for closure:

New Year’s Day Labor Day Martin Luther King Jr.’s Birthday Columbus Day Washington’s Birthday Veteran’s Day Memorial Day Thanksgiving Day Independence Day Christmas Day

When any such holiday falls on a Saturday, the preceding Friday is observed; when any such holiday falls on Sunday, the following Monday is observed.

Government closures may occur during the contract performance period as a result of Executive Order, Office of Personnel Management direction or other form of Federal proclamation. These closures are often due to inclement weather, potentially hazardous conditions or other special circumstances. Closures or delays of this nature during the performance period do not entitle the Contractor to additional compensation or to an automatic period of performance extension.

G.11 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.

G.12 LIABILITY

The Government cannot indemnify the Contractor or its subcontractor(s) from liability as a result of the performance of work under this contract. Therefore, the Contractor is required to obtain adequate property, vehicle and liability insurance during the entire period of performance, as appropriate, in accordance with the clause at FAR 52.228-7, which is incorporated into this contract in Section I. Evidence of such insurance must be submitted to the Contracting Officer as a condition of award.

G.13 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.

G.14 TASK ORDER CONTRACTING OFFICER’S REPRESENTATIVE

(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 on the overall contract award 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.

As needed, the Contracting Officer may appoint a TOCOR. The TOCOR’s responsibilities shall include technical monitoring of the Contractor’s performance as well as inspecting and accepting deliveries under specified task order(s). Any changes to the TOCOR delegation will be made in writing, either by changes to the existing memorandum or by issuance of a new appointment memorandum. Notification of any changes will be provided to the Contractor and COR.

(c) The COR and, if designated, the TOCOR are 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 or TOCOR, if applicable, has taken an action or has issued direction (written or oral) that the Contractor considers to exceed the COR or TOCOR’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 and TOCOR, if applicable.

(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.15 TECHNICAL DIRECTION - TASK ORDER CONTRACTING OFFICER’S

REPRESENTATIVE

Performance of the work under this contract is subject to the Technical Direction of the COR.

The Contracting Officer may also appoint a Task Order Contracting Officer’s Representative (TOCOR) to provide Technical Direction related to specific Task Orders under this IDIQ contract.

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 and task order. The COR and TOCOR do not have the authority to and may not issue any Technical Direction that:

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

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

(3) in any manner causes an increase or decrease in prices set forth in Section B; or (4) 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 or TOCOR (as applicable) 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 or TOCOR is within one of the prescribed categories in (1) through (4) 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.15 KEY PERSONNEL

1252.237-73, KEY PERSONNEL (Apr 2005)

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

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

The Key Personnel under this Contract are:

(Contractor, Please Provide Names of Key Personnel & Positions)

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.

(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 HOMELAND SECURITY PRESIDENTIAL DIRECTIVE-12 (HSPD-12) (AUGUST

2004)

Homeland Security Presidential Directive-12 was issued in response to the general threat of unauthorized persons gaining access to federal facilities and information systems. HSPD-12 requires all Federal agencies to use a common Personal Identity Verification (PIV) standard when identifying and issuing access rights to users of Federally-controlled facilities and/or Federal Information Systems.

To perform the work specified herein, contractor personnel will require access to sensitive data, regular access to DOT-controlled facilities and/or access to DOT information systems. The Government has determined the position risk/sensitivity level under this effort to be low risk/ non-sensitive(1) .

Accordingly, before any individual may obtain a DOT identification card (new or replacement) authorizing him/her routine access to DOT facilities, or logical access to DOT's information systems, the individual must provide two forms of identity source documents in original form.

One identity source document must be a valid Federal or state government issued picture identification card. DOT contractors must contact the DOT servicing security organization to obtain the list of acceptable forms of documentation. Submission of these documents, and related background checks, are mandatory in order for the contractor to receive a building access identification card, and before access will be granted to any of DOT's information systems.

Identification documents must be presented again in order to receive the card after it is manufactured.