Request for Proposal.pdf

TABLE OF CONTENTS

DTFH71-12-R-00009

I. INSTRUCTIONS TO OFFERORS

A. General Information Solicitation/Contract Form (SF-1447) B. Section B – Schedule of Services C. Statement of Work D. Annual Representations and certifications G. Contract Administration Data

II. CONTRACT TERMS AND CONTITIONS

H. Local Clauses I. Contract Clauses

III. SPECIAL CONTRACT REQUIREMENT

J. Special Contract Requirements Corporate Certificate/Authority to Bind Partnership

Annex 1 - Award Term Plan Annex 2 - Award Term Organization Annex 3 - Award Term Allocation by Evaluation Periods Annex 4 – Evaluation Criteria

IV. REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS.

K. Representations and Certifications L. Instructions, Conditions and Notices to Offerors

Attachment: Service Contract Act Wage Determination for Base Year (WD 05-2103 Revision No.: 12 dated 06/19/2012).

Raymond.h.delpesche Cross-Out

Raymond.h.delpesche Typewritten Text Federal Highway Administration Eastern Federal Lands Highway Division A/P Branch, AMZ-150 P.O. Box 25710 or E-MAIL

9-AMC-AMZ-EFLINVOICES@FAA.GOV

Oklahoma City, OK 73125

SECTION C

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STATEMENT OF WORK

C.1 – REGULATIONS/DEFINITIONS FOR THE STATEMENT OF WORK

REGULATIONS

Department Accounting and Financial Information System (DAFIS) Users Guide

DAFIS FHWA Guide for Document Processing

FHWA Accounting Policy and Procedures Handbook

FHWA Fiscal Management Information System Handbook

Other FHWA/FLH Accounting System Handbook and Regulations

DEFINITIONS

A. Government – the Eastern Federal Lands Highway Division (EFLHD) of the Federal Highways Administration (FHWA) of the United States Department of Transportation.

B. Contractor – the firm awarded the contract to perform the services described in this Statement of Work.

C. Contracting Officers Representative (COR) – the technical representative designated by the Contracting Officer to assist in monitoring the work under this contract and to be the Government’s liaison with the Contractor.

D. Contractor’s Project Supervisor – the Contractor’s designated liaison with the Government for this contract and the individual who will provide daily specific tasking to Contractor personnel performing under this contract.

E. Statement of Work – a contract section containing a detailed description of the project or elements of work, an outline of the services required responsibilities of the parties, and other information necessary to complete the contract work.

C.2 - PRINCIPAL DUTIES AND RESPONSIBILITIES

DIVISION OFFICE SECRETARY II

This contract shall be performed at the Eastern Federal Lands Highway Division (EFLHD), 21400 Ridgetop Circle, Sterling, VA 20166. Approximately 225 EFLHD employees work at that address; they occupy the entire third (top) floor of the building, and parts of the first and second floors. Various commercial tenants occupy the rest of the building.

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FUNCTION:

The purpose of the contract is for the Contractor to furnish onsite contract employees to provide clerical assistance for the EFLHD as described below. The clerks will be assigned to a specific branch. Even though a team member is assigned to a specific branch, they are still members of a team and will be required to cover all other branches if required by the COR. Each team member will be required to staff the lead administrative station for scheduled absences on a rotational schedule. The COR will review the workload and will distribute the work evenly among all team members, if necessary. When the anticipated workload increases, the branch clerk assistant will inform the COR that their workload has increased and assistance is required, and the COR will distribute the work equally among the remaining team members. This distribution of work will also occur upon absences of team member(s) as directed by the COR. The team members will have to be adaptive, cooperative, and have the ability to work in a team environment.

General Secretary II Duties

1. Utilize computer software, primarily MS Word, Excel, Power Point and Outlook to store, transfer, and print documents including letters, memoranda, reports, charts, graphs, and presentations from handwritten or electronic drafts or from supplied samples and provided data. Review outgoing documents for format, grammar, and punctuation. Send documents via electronic methods, US Mail, or use of overnight delivery services (or a combination of more than one) and use of correspondence tracking system.

2. Provide telephone and receptionist services. Route callers to requested or directed sources; ensure that the telephones are properly forwarded when leaving the workstation (other team member or voice mail system).

3. Maintain specific branch Desk Procedures to be followed to maintain consistency and to help other team members in the absence of the assigned branch’s administrative support. Update the Desk Procedures as necessary and store for reference for other team members.

4. Provide copying and scanning services.

5. Receive, sort, and distribute incoming mail and other documents and packages.

6. Maintain files of correspondence, reports, documents, etc. following Records

Management guidelines.

7. Update 4-week DLT Calendar weekly for posting on Intranet.

8. Prioritize work based on guidance provided by the Division Administrative Team

Lead.

9. Complete team tasks at the direction of the Division Administrative Team Lead on an as-needed basis.

10. Attend quarterly team meetings for updates and sharing of ideas and best practices.

11. Make conference room reservations though MS Outlook for department personnel for face-to-face, teleconference, and videoconference meetings and obtain necessary equipment as needed.

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12. Review and update employee database as needed to incorporate changes to the employee telephone directory.

Time and Attendance Duties

1. Review time and attendance records from employee’s entry, compile reports, manually enter into Castle system used to generate pay, and submit to Branch Chief for approval. Research issues based on feedback from employee or supervisor.

Maintain scanned files of all timekeeping records for individual branches.

2. Provide telework tracking information at the close of each pay period to Program Assistant to support Division Engineer’s goals.

Purchase Requisitions

1. Prepare, track, and update as needed requests for purchase requisition through in-house system.

2. Investigate questions, errors, or concerns from requisitioning party as needed and issue related amendments.

3. Attend on-going training of PRISM system as needed when new updates are received.

Associated quantities:

− Provide administrative support for branch offices (25-50+ people) − Finalize approximately 1,500 documents per year, including correspondence

(letters, memos) − Receive and route 10-15 incoming phone calls per day – this may involve forwarding the call, taking messages, or tracking down the party being called if the matter is urgent

− Take minutes at meetings and distributes typed notes to attendees, if requested

FINANCE OFFICE ACCOUNTING CLERK III

The Accounting Clerk III shall have the primary responsibility for some of the monitoring, coordination, and maintenance activities of the accounting system maintained in the Sterling, VA office. These activities include the monitoring, tracking, and reconciliation of funds; the preparation of financial reports; corrections to allocations of funds, and other information into the automated financial system.

This person will be trained over a period of four to eight weeks regarding these duties and the finance system which is Delphi. Use of a computer for access to the Delphi system will be made available during the period of this contract, including the training period. The computer cannot be removed from the Sterling, VA office.

Responsibilities also include reviewing reports to determine duplications, proper accounting codes, transaction codes, and ensuring that information is properly input into the accounting system.

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Duties include the following:

• Research project charges

• Profit & Loss

• Reimbursable Direct Billing from other Government Agencies

• Fixed Assets

• Review and reconciliation of reports

Occasionally there may be the necessity for special assignments for specific financial tasks. This information will be provided by the COR through the Contractor’s liaison with the required completion date. The Accounting Clerk III will have a working knowledge of Microsoft Office products specifically Word, Excel, PowerPoint and Outlook.

ACQUISITIONS OFFICE SECRETARY II

This position is located in the Acquisition Team in the Eastern Federal Lands Highway Division (EFLHD). The EFLHD is responsible for the design and construction of Federal lands highways in the Eastern half of the United States.

Principal Duties and Responsibilities

The Secretary II will be required to perform:

The ability to utilize software, primarily MS Word, Excel, and PowerPoint, to store, transfer, and print documents – including letters, memoranda, and report – from handwritten or electronic drafts or from supplied samples and provided data.. Review all outgoing documents for format, grammar and punctuation in accordance with the U.S. Government Printing Office Style Manual, which will be provided to the incumbent for reference purposes.

Perform distribution of all contractual pre-award and post award distribution including all required documentation. Receives, sorts, and distributes incoming mail.

Request the duplication of CDs by utilizing the QuickDisc 8.3.40 program if and when needed. Provide photocopy services for the department when required. Scan and electronically file information per request.

Prepare pre-award and post award files. File correspondence and other contractual documentation in accordance with acquisition and agency guidelines. Maintain the Acquisitions’ file room by periodically rearranging, purging and archiving large contract files.

Input project information into the Bid Solicitation Program (BSP) and upload the solicitation documents onto ELFHD’s webpage. Input bid documents into the engineering estimating system after the construction projects are opened for bid.

Provide copy and telephone services in performing past performance surveys on potential contractors. (Call Past Performance References provided by contractors (biding on a project) and conduct a professional 8-minute interview over the phone asking 20 past performance questions. Answers from the interview are typed into an appropriate evaluation form.)

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Accurately enter into an Excel spreadsheet (for viewing on a projector screen) large bid dollar amounts at a “Public Bid Opening” attended by Contractors and FHWA’s technical staff members. When required.

Assist with the department’s closeout process by doing the following:

a. Save Final Voucher Documents electronically into appropriate file location.

b. Request from the Finance Department appropriate close out screenshots.

(When necessary follow-up on the status to assure information is obtained within a specific amount of time).

c. Ensure that all pertinent closeout documents are together and forward to the Contract Specialist.

d. Type, format and mail letters to the contractors notifying them of the closeout.

e. Send a group email to appropriate in-house staff members notifying them of the closeout and attaching appropriate documentation for their files.

f. Thoroughly review closeout file to ensure that all necessary documents are included in the file.

g. Enter closeout information on an Excel spreadsheet to indicate that all of the necessary information is accounted for.

h. Follow FHWA’s archive procedures to assure that all archived closeout files are accounted for and that the archived boxes are accurately labeled.

STANDARDS

1. Contract employee’s hours are eight (8) hours per day beginning at 7:30 am or as negotiated with the COR, Monday through Friday, except on Federal holidays and other days that the EFLHD office is closed. In the absence of a specified individual, the Contractor will provide a suitable substitute with appropriate supervision from the Contractor.

EFLHD Core hours 7:30 – 5:00 – 30 Minutes for Lunch

2. Contract employees shall present a neat, businesslike appearance and demeanor.

3. Contract employees shall possess basic knowledge in use of standard office computer hardware and software applications.

4. Contract employees are expected to become sufficiently familiar with EFLHD employees to be able to know in which office they work and which individual provides administrative support.

OFFICE CLOSURES/GUIDANCE:

(a) The on-site Government personnel observe the following holidays:

New Year's Day Labor Day Martin Luther King, Jr.'s Birthday Columbus Day President's Birthday Veterans Day Memorial Day Thanksgiving Day Independence Day Christmas Day

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Any other day designated by Federal statute, Executive Order, or the President's proclamation.

(b) On-site personnel assigned to this contract shall not be granted access to the installation during the holidays in paragraph (a) of the clause, except as follows:

the Contractor shall provide sufficient on-site personnel to perform round-the-clock requirements of critical work already in process, unless otherwise instructed by the Contracting Officer or authorized representative.

(c) When the agency grants administrative leave to its Government employees (e.g., as a result of inclement weather, potentially hazardous conditions, or other special circumstances), Contractor personnel working on-site should also be dismissed.

However, the contractor shall provide sufficient onsite personnel to perform round-the-clock requirements of critical work already in process, unless otherwise instructed by the Contracting Officer or authorized representative.

(d) Whenever administrative leave is granted to Contractor personnel pursuant to paragraph (c) of this clause, it shall be without loss to the Contractor. The cost of salaries and wages to the Contractor for the period of any such excused absence shall be reimbursable under this contract.

(e) In the event of a government shutdown or furlough of federal employees that is required by law or necessary because of a lapse in an appropriations act, continuing resolution, or authorizing legislation, this contract will be suspended during that time. Payment will not be made to the contractor, and no adjustment shall be made to the contract for the day(s) that the Government is shutdown or for the time that Federal employees are furloughed.

SECTION D

D - 1

REPRESENTATIONS, CERTIFICATIONS, & Others Statements of Offerors

52.252-1 Solicitation Provisions Incorporated by Reference (Feb 98)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address (es):

http://www.arnet.gov/far/ http://www.dot.gov/ost/m60/tamtar/tar.htm http://www.dot.gov/ost/m60/earl/tam.htm

(End of Provision)

Annual Representations and Certifications. Prospective contractors shall complete electronic annual representations and certifications on-line at this web address: http://orca.bpn.gov (See Far 4.1201) in conjunction with required registration in the Central Contractor Registration (CCR) database (see FAR 4.1102).

Vets100 Form must also be filled-in online at http://vets100.dol.gov in accordance with FAR Clause 52.222-37.

CONTRACTORS ARE NOT ELIGIBLE FOR AWARD WITHOUT COMPLETING

THESE REQUIREMENTS

52.204-8 --Annual Representations and Certifications (May 2012) (a)

(1) The North American Industry classification System (NAICS) code for this acquisition is 561110.

(2) The small business size standard is $7 Million.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b)

(1) If the clause at 52.204-7, Central Contractor Registration, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the clause at 52.204-7 is not included in this solicitation, and the offeror is currently registered in CCR, and has completed the ORCA electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certification in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:

[_] (i) Paragraph (d) applies.

[_] (ii) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c)

(1) The following representations or certifications in ORCA are applicable to this solicitation as indicated:

http://orca.bpn.gov/ http://vets100.dol.gov/

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i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the clause at 52.204-7, Central Contractor Registration.

(iv) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(v) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations—Representation. This provision applies to solicitations using funds appropriated in fiscal years 2008, 2009, 2010,or 2012.

(vi) 52.209-5; Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(vii) 52.214-14, Place of Performance--Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(viii) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(ix) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(x) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

(xi) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xii) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xiii) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.

(xiv) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

(xv) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA- designated items.

(xvi) 52.225-2, Buy American Act Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xvii) 52.225-4, Buy American Act--Free Trade Agreements--Israeli Trade Act Certificate. (Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225- 3.

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.

(C) If the acquisition value is $50,000 or more but is less than $77,494, the provision with its Alternate II applies.

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(D) If the acquisition value is $77,494 or more but is less than $100,000, the provision with its Alternate III applies.

(xviii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.

(xix) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan--Certification. This provision applies to all solicitations.

(xx) 52.225-25, Prohibition on Contracting with Entities Engaging in Sanctioned Activities Relating to Iran—Representation and Certification. This provision applies to all solicitations.

(xxi) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to—

(A) Solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions; and

(B) For DoD, NASA, and Coast Guard acquisitions, solicitations that contain the clause at 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns.

(2) The following certifications are applicable as indicated by the Contracting Officer:

[Contracting Officer check as appropriate.] ___ (i) 52.219-22, Small Disadvantaged Business Status.

___ (A) Basic.

___ (B) Alternate I.

___ (ii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

___ (iii) 52.222-48, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment Certification.

___ (iv) 52.222-52 Exemption from Application of the Service Contract Act to Contracts for Certain Services--Certification.

___ (v) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA- Designated Products (Alternate I only).

___ (vi) 52.227-6, Royalty Information.

___ (A) Basic.

___ (B) Alternate I.

___ (vii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The offeror has completed the annual representations and certifications electronically via the Online Representations and Certifications Application (ORCA) website accessed through https://www.acquisition.gov . After reviewing the ORCA database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR Clause Title Date Change

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on ORCA.

NOTE: If there is any amended representation(s) and/or certification(s) that are applicable to this solicitation only, the offeror is required to provide with them in full text with their offer.

https://www.acquisition.gov/

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52.230-1 -- Cost Accounting Standards Notices and Certification.

Cost Accounting Standards Notices and Certification (May 2012) Note: This notice does not apply to small businesses or foreign governments. This notice is in three parts, identified by Roman numerals I through III.

Offerors shall examine each part and provide the requested information in order to determine Cost Accounting Standards (CAS) requirements applicable to any resultant contract.

If the offeror is an educational institution, Part II does not apply unless the contemplated contract will be subject to full or modified CAS coverage pursuant to 48 CFR 9903.201-2(c)(5) or 9903.201-2(c)(6), respectively.

I. Disclosure Statement -- Cost Accounting Practices and Certification

(a) Any contract in excess of $700,000 resulting from this solicitation will be subject to the requirements of the Cost Accounting Standards Board (48 CFR Chapter 99), except for those contracts which are exempt as specified in 48 CFR 9903.201-1.

(b) Any offeror submitting a proposal which, if accepted, will result in a contract subject to the requirements of 48 CFR Chapter 99 must, as a condition of contracting, submit a Disclosure Statement as required by 48 CFR 9903.202. When required, the Disclosure Statement must be submitted as a part of the offeror’s proposal under this solicitation unless the offeror has already submitted a Disclosure Statement disclosing the practices used in connection with the pricing of this proposal. If an applicable Disclosure Statement has already been submitted, the offeror may satisfy the requirement for submission by providing the information requested in paragraph (c) of Part I of this provision.

Caution: In the absence of specific regulations or agreement, a practice disclosed in a Disclosure Statement shall not, by virtue of such disclosure, be deemed to be a proper, approved, or agreed-to practice for pricing proposals or accumulating and reporting contract performance cost data.

(c) Check the appropriate box below:

* (1) Certificate of Concurrent Submission of Disclosure Statement. The offeror hereby certifies that, as a part of the offer, copies of the Disclosure Statement have been submitted as follows:

(i) Original and one copy to the cognizant Administrative Contracting Officer (ACO) or cognizant Federal agency official authorized to act in that capacity (Federal official), as applicable; and

(ii) One copy to the cognizant Federal auditor.

(Disclosure must be on Form No. CASB DS-1 or CASB DS-2, as applicable. Forms may be obtained from the cognizant ACO or Federal official and/or from the loose-leaf version of the Federal Acquisition Regulation.)

Date of Disclosure Statement: __________________ Name and Address of Cognizant ACO or Federal Official Where Filed: _________________________ The offeror further certifies that the practices used in estimating costs in pricing this proposal are consistent with the cost accounting practices disclosed in the Disclosure Statement.

* (2) Certificate of Previously Submitted Disclosure Statement. The offeror hereby certifies that the required Disclosure Statement was filed as follows:

Date of Disclosure Statement: __________________ Name and Address of Cognizant ACO or Federal Official Where Filed: ________________________ The offeror further certifies that the practices used in estimating costs in pricing this proposal are consistent with the cost accounting practices disclosed in the applicable Disclosure Statement.

* (3) Certificate of Monetary Exemption. The offeror hereby certifies that the offeror, together with all divisions, subsidiaries, and affiliates under common control, did not receive net awards of negotiated prime contracts and subcontracts subject to CAS totaling $50 million or more in

D - 5 the cost accounting period immediately preceding the period in which this proposal was submitted. The offeror further certifies that if such status changes before an award resulting from this proposal, the offeror will advise the Contracting Officer immediately.

* (4) Certificate of Interim Exemption. The offeror hereby certifies that

(i) the offeror first exceeded the monetary exemption for disclosure, as defined in (3) of this subsection, in the cost accounting period immediately preceding the period in which this offer was submitted and

(ii) in accordance with 48 CFR 9903.202-1, the offeror is not yet required to submit a Disclosure Statement. The offeror further certifies that if an award resulting from this proposal has not been made within 90 days after the end of that period, the offeror will immediately submit a revised certificate to the Contracting Officer, in the form specified under subparagraph (c)(1) or (c)(2) of Part I of this provision, as appropriate, to verify submission of a completed Disclosure Statement.

Caution: Offerors currently required to disclose because they were awarded a CAS-covered prime contract or subcontract of $50 million or more in the current cost accounting period may not claim this exemption (4). Further, the exemption applies only in connection with proposals submitted before expiration of the 90-day period following the cost accounting period in which the monetary exemption was exceeded.

II. Cost Accounting Standards -- Eligibility for Modified Contract Coverage If the offeror is eligible to use the modified provisions of 48 CFR 9903.201-2(b) and elects to do so, the offeror shall indicate by checking the box below. Checking the box below shall mean that the resultant contract is subject to the Disclosure and Consistency of Cost Accounting Practices clause in lieu of the Cost Accounting Standards clause.

* The offeror hereby claims an exemption from the Cost Accounting Standards clause under the provisions of 48 CFR 9903.201-2(b) and certifies that the offeror is eligible for use of the Disclosure and Consistency of Cost Accounting Practices clause because during the cost accounting period immediately preceding the period in which this proposal was submitted, the offeror received less than $50 million in awards of CAS-covered prime contracts and subcontracts. The offeror further certifies that if such status changes before an award resulting from this proposal, the offeror will advise the Contracting Officer immediately.

Caution: An offeror may not claim the above eligibility for modified contract coverage if this proposal is expected to result in the award of a CAS-covered contract of $50 million or more or if, during its current cost accounting period, the offeror has been awarded a single CAS-covered prime contract or subcontract of $50 million or more.

III. Additional Cost Accounting Standards Applicable to Existing Contracts The offeror shall indicate below whether award of the contemplated contract would, in accordance with subparagraph (a)(3) of the Cost Accounting Standards clause, require a change in established cost accounting practices affecting existing contracts and subcontracts.

* yes * no

End of Section D

SECTION G

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CONTRACT ADMINISTRATION DATA

A. CONTRACTING OFFICER'S REPRESENTATIVE (COR).

The Contractor will be provided a copy of the designation along with a statement of the COR's responsibilities and limitations. Changes in the COR designation can only be made by the Contracting Officer (CO) and will be done in writing. The COR shall be responsible for providing technical guidance to the Contractor for all requirements. The Contractor shall comply with the technical guidance received from the COR. If the Contractor considers such guidance to be a change in the terms and conditions of this contract, the Contractor shall immediately contact the CO. See FAR Clause 52.243-1, Alt. III, sub-paragraph (f), proceeding with work without proper contractual coverage could result in non-payment for the work performed.

CONTRACTING OFFICER

FHWA – Eastern Federal Lands Highway Division 21400 Ridgetop Circle Sterling, VA 20166

(703) 404-6201

B. DIRECTION.

No oral statement of any person whatsoever, including the COR, and no written statement of any person other than the CO, shall modify or otherwise affect the terms and conditions of this contract or any subsequent Task Orders issued under this contract. The Contractor agrees that it shall not rely on the statement of any person other than the CO for the interpretation of this Contract. The Contractor shall immediately notify the CO if any attempt is made to alter the terms and conditions of this contract issued against it. See FAR Clause 52.243-1, Alt. III, sub-paragraph (f), proceeding with work without proper contractual coverage could result in non-payment for the work performed.

C. INVOICING.

The Contractor shall submit invoices to the following address. In addition to the requirements of FAR Clause 52.232-26, invoices shall contain the following:

US MAIL: Federal Lands Highway A/P Branch, AMZ-150

PO Box 25710 or E-mail (see below) Oklahoma City, OK 73125

FedEx: Federal Lands Highway A/P Branch, AMZ-150

6500 S. MacArthur Blvd.

Oklahoma City, OK 73169

SECTION G

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In addition, all commercial contractors will have the option to send invoices electronically. The invoices must be in PDF format. Vendors can submit electronic invoices at the following email address: 9-AMC-AMZ-EFLINVOICES@FAA.GOV

(a) Task Order number, project name and number;

(b) Line item number and description of each item being billed;

(c) Unit price of each item being billed;

(d) Quantity delivered/Percentage completed this billing period of each item being billed;

(e) Amount due for each item being billed;

(f) Invoice amount/Total due

(g) Amount billed through this invoice (contract cumulative)

(h) Percentage of contract complete

(i) The COR or POC should be on the invoice.

Partial payments will be made upon request by the Contractor in accordance with the FAR Clauses 52.232-10 and 52.232-26. The Contractor may request monthly payment for each separate month, provided that no successive request for partial payment is submitted closer than 28 days. A progress report, a proper invoice (see FAR Clause 52.232-26(a)(2), and if requested by the Government, a copy of the plans and other supporting data, shall be submitted with each request for partial payment. Payment will be made in accordance with the payment clauses upon approval of the submittals by the COR

A progress report shall be prepared and submitted every thirty (30) days with each invoice requesting a partial payment for all Task Orders that exceed 60 days in length.

Final payments will be made as follows:

Upon satisfactory completion and acceptance of the work, the Contractor may submit a proper invoice to request final payment.

Upon approval of the final invoice by the CO, which indicates final acceptance by the FHWA of the work performed, the Contractor will be paid the final invoiced amount including any unpaid balances of any money due for work including any retained percentages.

End of Section G

SECTION H

H - 1

SPECIAL CONTRACT REQUIREMENTS

HOLD HARMLESS AND INDEMNIFICATION AGREEMENT

The Contractor shall hold harmless and indemnify the Government against any and all liability, claims, and costs of whatsoever kind and nature for injury to or death of any person or persons and for loss or damage to any property occurring in connection with, in any way incident to, or arising out of the occupancy, use, service, operations, or performance of work under the terms of this Contract, resulting in whole or in part from the negligent acts or omissions of the Contractor, any subcontractor, or any employee, agent or representative of the Contractor or subcontractor.

OPTION TO EXTEND THE TERM OF THE CONTRACT

The Government may extend the term of the contract by unilateral modification of the Contract provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the Government to an extension. If the Government exercises this option, the extended contract shall be considered to include this option clause.

AWARD TERM

a. This contract provides for a core performance time of 60 months consisting of a 1 year base period and four (4) pre-priced core option years. There is no guarantee the Government will continue performance beyond the initial 1 year basic period. Based on the criteria in FAR 17.207, Option Years one through four may or may not be exercised by the Contracting Officer. If Base year and all Option Years are exercised, the Award Term Approving Official may authorize up to five extensions beyond the core performance time, in the form of 12 month “Award Term Periods” on the basis of an integrated assessment of the quality of performance. The award term periods may be earned by the contractor for sustained performance that exceeds a satisfactory level. A performance rating of unsatisfactory in any evaluation period shall void any previously awarded award-term extensions.

b. The contractor will be afforded the opportunity to adjust prices before each award term period in accordance with current DOL Wage Labor rates.

c. For award term entitlements, the contractor’s performance will be evaluated based on a Government established Award Term Plan. The evaluation decision point shall be completed no later than 90 days following the end of the period being evaluated.

d. The contractor may refuse an Award Term period with advanced notification, in writing, to the Contracting Officer at least 6 months prior to the start of the award term period.

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e. Earned award term extensions shall be made effective by issuance of a bilateral modification to the contract, and shall be contingent upon:

The availability of funds A determination of contractor responsibility Price reasonableness and A continuing need for the services.

f. The Government may cancel award terms at no cost to the Government if there is no requirement for continued performance or if Congress does not appropriate funds for continued performance.

Local Clause:

U.S. Department of Transportation Federal Highway Administration

Office of Acquisition Management Acquisition Procedural Memorandum (APM)

Purpose: This Acquisition Procedural Memorandum (APM) provides guidance for Federal Highway Administration (FHWA) and Federal Lands Highway Division Contracting Officers, Contract Specialists, and Contracting Officer’s Representatives (COR) on the requirement to electronically collect and input past performance information on contractors through the use of the Contractor Performance Assessment Reporting System (CPARS), including the Architect-Engineer Contract Administration Support System (ACASS) and the Construction Contractor Appraisal Support System (CCASS).

Background: The Federal Acquisition Regulation (FAR) requires that contractor performance information be collected (FAR Part 42) and used in source selection evaluations (FAR Part 15).

FAR Subpart 42.1502 requires that all agencies prepare an evaluation of contractor performance for each contract in excess of the simplified acquisition threshold (SAT). Interim evaluations shall also be prepared to provide current information for source selection purposes, for contracts or orders with a period of performance, including options.

Effective October 1, 2010, all Department of Transportation Operating Administrations were required to use CPARS to complete interim and final past performance evaluations on contractors.

General information on the use of this Internet-based system can be found at the CPARS site. The previous system that was used to collect past performance on contractors was the National Institutes of Health (NIH) Contractor Performance System (CPS).

General Requirements/Procedures A. Applicability

This APM applies to all contract actions over the SAT for supplies and services, with the exclusion of the exceptions listed in Section B of this APM. This includes orders placed against a Federal Supply Schedule contract and orders against contracts awarded by another agency. For Basic

Title: Past Performance Evaluation of Contractors

Number: 002-B Effective Date: April 10, 2012 Cross References:

Federal Acquisition Regulation (FAR): 42.1502, 42.1503, and 15.304 Transportation Acquisition Manual 1242.1500 http://www.cpars.gov/

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Ordering Agreements, a Contractor Performance Assessment Report (CPAR) should only be completed for each order meeting the reporting threshold. When an indefinite-delivery contract or a Blanket Purchase Agreement will be used by one Program Office, one CPAR can be completed;

however, more than one CPAR can be written if the Contracting Officer determines it is necessary.

When multiple Program Offices will use the indefinite-delivery contract or Blanket Purchase Agreement, separate CPARs are required for each program office. Under no circumstances shall one CPAR be written for multiple vendors.

Combining orders into one CPAR is not feasible when the individual orders could be significantly different. When orders are combined, the narrative describing the contractor’s performance on each order, both positive and negative, must be included so that the breadth and quality of information is available for source selection official use.

Both acquisition and program office personnel are required to participate in these electronic assessments.

B. Exceptions

1. This procedure does not apply to the following:

a. Contracts awarded under FAR Part 8.6, Acquisition from Federal Prison Industries

b. Assistance Agreements (grants and cooperative agreements)

c. Test Program for Certain Commercial Items or commercial item awards if simplified acquisition procedures are used. In cases where simplified acquisition procedures are not used, this APM would be applicable to the award of all commercial items/services in excess of the SAT.

d. Interagency Agreements.

e. Expired contracts subject to the exception at Section G of this memorandum.

2. The following exceptions to Subpart 42.1502 apply:

a. Past performance evaluations shall be prepared via the CCASS module for each construction contract of $650,000 or more, and for each construction contract terminated for default regardless of contract value. Past performance evaluations may also be prepared for construction contracts below $650,000.

b. Past performance evaluations shall be prepared via the ACASS module for each architect-engineer services contract of $30,000 or more and for each architect-engineer services contract that is terminated for default regardless of contract value. Past performance evaluations may also be prepared for architect-engineer services contracts below $30,000.

c. Agencies shall not evaluate performance for contracts awarded under Subpart 8.7

(Acquisition from Nonprofit Agencies Employing People Who Are Blind or Severely Disabled).

C. General Guidelines

HAAM-10 will register contracts in CPARS within 30 calendar days from date of award. All evaluations are due within 120 calendar days after the end of the assessment period.

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CPARS collects contractor performance information and passes it to the Past Performance Information Retrieval System (PPIRS). PPIRS is the Government wide performance information repository and shares performance information with all Federal Government agencies. CPARS hosts a suite of web-enabled applications that are used to collect the contractor performance information required by Federal Regulations. CPARS Automated Information System (AIS) collection tool and other CPARS information can be accessed at the CPARS site.

All CPARS information is treated as “For Official Use Only/Source Selection Information” in accordance with FAR 2.101 and FAR 3.104. A CPAR contains sensitive data concerning a contractor and it’s performance. Disclosure of such information could cause harm to the commercial interest of the Government and to the competitive position of the contractor being evaluated.

Distribution of CPARs among agencies will be made solely through the use of PPIRS.

D. Access

CPARS is composed of three modules. The CPARS module assesses performance on contracts for Systems, Services, Information Technology, and Operations Support. The Architect-Engineer Contract Administration Support System (ACASS) module assesses performance on Architect- Engineer contracts. The Construction Contractor Appraisal Support System (CCASS) module assesses performance on construction contracts.

Only Government employees can be CPARS Focal Points. The Focal Point registers contracts and sets up user access that restricts access on a contract-by-contract basis, based on an individual’s assigned responsibility in the process. Access to CPARS AIS and other performance information will be restricted to those individuals with an official need to know.

The same User ID and password will provide access to the three modules in CPARS. Users of CPARS should refer to the on-line CPARS user’s manual. Focal Points can request a User ID by completing the Focal Point Access Request Form. All other roles (Assessing Official, Assessing Official Rep, etc.) will receive a User ID once the person is assigned a role by the Focal Point for a contract in CPARS.

E. Roles

1. Focal Point: The Focal Point coordinates CPARS access (create User IDs/passwords) and registers contracts that will require a contractor performance assessment. The Focal Point assists the Assessing Official in implementing the automated CPARS process by providing training and helping with administrative matters to ensure that assessments are completed in a timely manner and are of high quality.

2. Assessing Official Representative (AOR): The Assessing Official Representative has the authority to initiate and update assessments, but does not have the authority to send the assessment to the Contractor Representative or to finalize an assessment.

3. Assessing Official (AO): The Assessing Official is responsible for evaluating contractor performance and for validating the proposed ratings and remarks entered by the Assessing Official Representative(s). Assessing Officials have “signature” authority and are allowed to forward assessments to the Contractor Representative for review and comment. After receiving and reviewing contractor comments, the Assessing Official has the authority to close, modify, and/or forward the assessment to the Reviewing Official.

http://www.ppirs.gov/favicon.ico http://www.cpars.gov/cparsfiles/pdfs/CPARS_User_Manual.pdf https://www.cpars.gov/accessforms/NSLCPTSMH_NDFPUAR.pdf

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4. Contractor Representative: The Contractor Representative is responsible for reviewing and commenting on proposed ratings and remarks for all assessments forwarded by the Government Assessing Official.

5. Reviewing Official: The Reviewing Official is responsible for ensuring that the assessment is a fair and accurate assessment of the Contractor's performance for the specific contract/order and performance period. The Reviewing Official must acknowledge consideration of any significant discrepancies between the Assessing Official’s assessment and the Contractor's remarks.

F. Responsibilities

1. Contract Specialists. Contract Specialists are responsible for completing the CPARS

Registration Request Form and forwarding to HAAM-10 for processing within ten calendar days of contract award.

Contract Specialists can be assigned as either Assessing Official Representatives to assist the Contracting Officer and COR with the evaluation, or designated as the Assessing Official based on the Contracting Officer’s determination for each contract.

2. HAAM-10: HAAM-10 is responsible for the implementation of this procedure, CPARS training, evaluating compliance metrics, and registering contracts and assigning roles in CPARS.

HAAM-10 will provide monthly CPARS Status Reports to Division Chiefs and Team Leaders.

For HAAM, the Focal Point role will transfer to HAAM-10 once active contracts (anything awarded prior to June 7, 2011) have been registered and assigned roles in CPARS by HAAM-20.

Federal Lands Highway Division will continue to have Focal Points in their respective locations.

The Focal Point will register all contracts and assign roles in CPARS within five calendar days after receipt of the CPARS Registration Request Form from Contract Specialists.

3. COR: The COR is designated as the Assessing Official Representative in CPARS. Upon notice from the Assessing Official and/or system-generated email, the COR shall initiate the evaluation in CPARS. The COR will be given no more than 30 calendar days to complete their portion of the evaluation.

4. Contracting Officers. Contracting Officers (or designated Contract Specialists) are responsible for reviewing evaluation information submitted by the CORs into CPARS, forwarding evaluations to the contractor, and reviewing the evaluation for accuracy before it is finalized in CPARS. The requirement to complete past performance evaluations shall be identified in the COR delegation letter.

The Contracting Officer or his designee is designated as the Assessing Official in CPARS. The Assessing Official (Contracting Officer) and Assessing Official Representative (COR) will receive a system generated email to initiate evaluations for contracts 90 days prior to the exercise of options (12-month period) or, for contracts without options, 90 days prior to the end of the period of…