FLH RFQ 69056721Q000018.pdf

REQUEST FOR QUOTATION

Online Access to AASHTO/ACI/ASTM Standards and/or Manuals

Solicitation No. 69056721Q000018

This is a Sole Source Procurement

This combined synopsis/solicitation is prepared in accordance with FAR Subpart 12.6, Streamlined Procedures for Evaluation and Solicitation for Commercial Items, in conjunction with the policies and procedures for solicitation, evaluation and award as prescribed in FAR Part 13, Simplified Acquisition Procedures. This announcement constitutes the only solicitation;

quotes are being requested and a written solicitation will not be issued.

This is a FIRM FIXED PRICE Request for Quotation (RFQ) being issued by the Federal Highway Administration (FHWA) Western Federal Lands (WFLHD) for renewal of online access to American Association of State Highway Transportation Officials (AASHTO) manuals and standards, American Concrete Institute (ACI) standards, and American Society for Testing and Materials (ASTM) standards.

The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisitions Circular (FAC) 2021-04.

The proposed contract action is for supplies or services for which the Government intends to solicit and negotiate with only one source, IHS Global Inc, 15 Inverness Way East, Englewood, CO 80112, under authority of FAR 13.106-1(b)(1)(i). IHS Global Inc is the only company that provides the necessary online access, to the exclusion of other sources, because of the multiple standards being accessed, historical documents, provided, and interaction with individual users that the FHWA requires. All responsible offerors may submit a quote that will be reviewed by the Government, however, a determination by the Government not to compete with this proposed contract based upon responses to this solicitation is solely within the discretion of the Government. Information received will normally be considered for the sole purpose of determining whether to conduct competitive procurement.

The North American Industry Classification System (NAICS) code for this solicitation is 519130 with an industry size standard of 1000 employees and the Product Service Code (PSC) is DH10. Please note the previous PSC was D317. DH10 is the closest PSC given recent PSC changes. A responsible quoter is one whose offer conforms to the solicitation and will be most advantageous to the Government.

FAR Provisions and Clauses may be viewed and/or downloaded from https://www.acquisition.gov

It is the responsibility of the interested parties to incorporate any amendments and check the solicitation listing for Question and Answers.

All contractors are reminded they must be registered in the www.SAM.gov database in accordance with FAR 52.204-7, System for Award Management (SAM).

https://www.acquisition.gov/ http://www.sam.gov/

TABLE OF CONTENTS

SECTION A – SCHEDULE OF ITEMS

SECTION B – STATEMENT OF WORK/DESCRIPTION/SPECIFICATIONS

SECTION C – LIST OF ATTACHMENTS

SECTION D – SOLICITATION PROVISIONS

SECTION E – CONTRACT CLAUSES

SECTION A – SCHEDULE OF ITEMS

PAGE A-1

ITEM DESCRIPTION USERS/SEATS SITES QTY UNIT TOTAL

PRICE

0001 AASHTO/DOT Collection A/H/ Online 999 3 1

LS

ACI/Tech Comm (TC) Stds Act/Online 999 3 1

LS

ASTM/DOT Lite A/H/R Online 999 3 1

LS

0004 EWB Platform SW Sub 999 3 1 LS

EWB Research Assistant SW Sub 999 3 1

LS

Period of Performance: February 15, 2021 – February 14, 2022

Company Name:_______________________________________________________________

Company Address:_____________________________________________________________

Unique Entity Identifier (DUNS):)_____________________

SECTION B – STATEMENT OF WORK/DESCRIPTION/SPECIFICATIONS

PAGE B-1

B.1 Background

Federal Lands Highway, a division of the US Department of Transportation – Federal Highway Administration, designs and administers primarily road construction projects on Federal Lands in the United States. The type of construction is generally 2-lane roads or highways either accessing Federal lands or within Federal lands.

B.2 Objective

To allow authorized Federal Lands Highway personnel continuous access to the methods, manuals and standards required for construction work. We intend to procure a subscription service which includes both active and historical versions of ASTM and AASHTO documents, as well as the active version of ACI standards.

B.3 Location

The Contractor shall provide online access to users within the Federal Lands Highway Division offices at the following locations:

• Western Federal Lands Highway Division 610 East 5th Street Vancouver, WA 98661

• Central Federal Lands Highway Division 12300 West Dakota Drive Lakewood, CO 80228

• Eastern Federal Lands Highway Division Loudon Tech Center, 21400 Ridgetop Circle Sterling, VA 20166

B.4 Period of Performance

The subscription period of performance for this shall be 02/15/2021 through 02/14/2022

PAGE B-2

B.5 Subscription Service Requirements

Product # Product Description License Type

Concurrent Users/Seats Locations/Sites

2000020508 AASHTO/DOT Collection A/H Online Site License 999 3

2000020517 ACI/Tech Comm (TC) Stds Act/Online Site License 999 3

2000024272 ASTM/DOT Lite A/H/R/Online Site License 999 3

2000027216 EWB Platform SW Sub Site License 999 3

2000027217 EWB Research Assistant SW Sub Site License 999 3

The Contractor shall provide online access to American Association of State Highway Transportation Officials (AASHTO) manuals and standards, American Concrete Institute (ACI) standards, and American Society for Testing and Materials (ASTM) standards as follows:

The license agreement must allow for limited printing for temporary use and reference by anyone who has access to these standards and manuals under the license agreement.

The Contractor’s system shall comply with the following requirements:

• All required document collections must be available in one search engine and must include both active and all historical versions of both ASTM and AASHTO, as well as the active versions of ACI;

• The system must allow for the inclusion of FHWA metadata of internal documentation, as well as hyperlinking to the same FHWA documents, to be searchable along with the content from ASTM, AASHTO, and ACI;

PAGE B-3

• The system must provide for the user creation of personally selected standards list which allow for email notifications of revisions or updates to those standards;

• The system search fields must provide “type ahead” fill to insure accuracy of search entry for users;

• The system must provide relevancy ranking of results when a keyword or compound search is submitted by the user, rather than ordering by straight document number;

• The system must provide for lemmatization of search terms, which means that search for mice will return mouse as well, or a search for brake will return brakes or braking as well

The Contractor shall have a system that is already in place. This contract is not for the design of a new system to meet FHWA’s requirements.

B.6 Information and Communication Technology (ICT) Standards and Guidelines Covered by Section 508 and Section 225

In addition to the work requirements specified in this statement of work, the Contractor shall ensure that all ICT deliverables meet the requirements of Section 508 of the Rehabilitation Act and the ICT Final Standards and Guidelines (508 Refresh) at 36 CFR Part 1194.

As defined in the 508 Refresh, at 36 CFR Part 1194, Appendix A, E103.4, ICT is “Information technology and other equipment, systems, technologies, or processes, for which the principal function is the creation, manipulation, storage, display, receipt, or transmission of electronic data and information, as well as any associated content.

Examples of ICT include, but are not limited to: computers and peripheral equipment;

information kiosks and transaction machines; telecommunications equipment; customer premises equipment; multifunction office machines; software; applications; Web sites;

videos; and, electronic documents.”

Section 508 requires that all electronic products prepared for the Federal Government be accessible to persons with disabilities, including those with vision, hearing, cognitive, and mobility impairments.

Applicable Standards:

• Appendix A to Part 1194 – Section 508 of the Rehabilitation Act: Application and Scoping Requirements https://www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-ict-refresh/final-rule/text-of-the-standards-and-guidelines#appendix-a https://www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-ict-refresh/final-rule/text-of-the-standards-and-guidelines#appendix-a

PAGE B-4

• Appendix B to Part 1194 – Section 255 of the Communications Act: Application and Scoping Requirements

• Appendix C to Part 1194 – Functional Performance Criteria and Technical

Requirements

Section 508 Refresh standards are available at https://www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-ict-refresh.

The Contractor shall adhere to the terms and requirements in FHWA Form 4260 Section 508 Information and Communication Technology (ICT) Conformance Criteria for Section 508 conformance. The Conformance Criteria document does not need to be completed when submitting a deliverable.

B.7 Training

As required by FHWA, the Contractor shall provide one day of on-site or virtual training to users at each of the specified locations in paragraph B.3 not to exceed one session per location. Due to COVID-19, on-site training will be subject to travel guidelines and restrictions set forth by Government agencies, FHWA and IHS. Should there be any conflict between travel guidelines, the more restrictive guidelines will take priority.

B.8 Authority to Obligate the Government

The Contracting Officer is the only individual who can legally commit or obligate the Government to expenditure of public funds. No cost chargeable to the proposed task order can be incurred before receipt of a fully executed task order or specific authorization from the Contracting Officer.

B.9 Payment for Unauthorized Work

No payments will be made for any unauthorized supplies and/or services or for any unauthorized changes to the work specified herein. This includes any services performed by the Contractor of their own volition or at the request of an individual other than a duly appointed Contracting Officer. Only a duly appointed Contracting Officer is authorized to change the specifications, terms, and conditions under this effort.

B.10 Invoicing

Invoices

ELECTRONIC SUBMISSION OF PAYMENT REQUESTS

(a)Definitions. As used in this clause— (1)Contract financing payment has the meaning given in FAR 32.001.

https://www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-ict-refresh/final-rule/text-of-the-standards-and-guidelines#appendix-b https://www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-ict-refresh/final-rule/text-of-the-standards-and-guidelines#appendix-b https://www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-ict-refresh/final-rule/text-of-the-standards-and-guidelines#appendix-c https://www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-ict-refresh/final-rule/text-of-the-standards-and-guidelines#appendix-c https://www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-ict-refresh https://www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-ict-refresh https://www.fhwa.dot.gov/508/docs/form4260.pdf https://www.fhwa.dot.gov/508/docs/form4260.pdf

PAGE B-5

(2)Payment request means a bill, voucher, invoice, or request for contract financing payment or invoice payment with associated supporting documentation. The payment request must comply with the requirements identified in FAR 32.905(b), “Content of Invoices,” this clause, and the applicable Payment clause included in this contract.

(3) Electronic form means an automated system transmitting information electronically according to the accepted electronic data transmission methods and formats identified in paragraph (c) of this clause. Facsimile, email, and scanned documents are not acceptable electronic forms for submission of payment requests.

(4)Invoice payment has the meaning given in FAR 32.001.

(b)Electronic payment requests. Except as provided in paragraph (e) of this clause, the Contractor shall submit payment requests in electronic form. Purchases paid with a Governmentwide commercial purchase card are considered to be an electronic transaction for purposes of this rule, and therefore no additional electronic invoice submission is required.

(c)The Department of Transportation utilizes the Delphi eInvoicing web-portal for processing invoices. For vendors submitting invoices, and certain grantees submitting payment requests, they will be required to submit invoices via Delphi eInvoicing which is accessed and authenticated via www.login.gov

(d)In order to receive payment and in accordance with the Prompt Payment Act, all invoices submitted as attachments in the Delphi eInvoicing web-portal shall contain the following:

(1)Invoice number and invoice date.

(2)Period of performance covered by invoice.

(3)Contract number and title.

(4)Task/Delivery Order number and title (if applicable).

(5)Amount billed (by CLIN), current and cumulative.

(6)Total ($) of billing.

(7)Cumulative total billed for all contract work to date.

(8)Name, title, phone number, and mailing address of person to be contacted in the event of a defective invoice.

If the contract includes allowances for travel, all invoices which include charges pertaining to travel expenses will catalog a breakdown of reimbursable expenses with the appropriate receipts to substantiate the travel expenses.

(e)Payment system registration. All persons accessing the Delphi eInvoicing web- portal will be required to have their own unique user Delphi eInvoicing ID and password and be credentialed through login.gov.

PAGE B-6

(1)Electronic authentication. See www.login.gov for instructions. Click on the following link for instructions on establishing a login.gov account: https://login.gov/help/creating-an-account/how- to-create-an-account/

(2)To create a login.gov account, the user will need a valid email address and a working phone number. The user will create a password and then login.gov will reply with an email confirming the email address.

(3)Vendor POC’s who require access to the eInvoicing web-portal for invoice submission and payment tracking purposes will be required to provide their full name, email address, and current phone number to the agency POC to initiate the Delphi eInvoicing web-portal account. Vendor users and the agency POC will be notified via e-mail when the account is created. The vendor user will be provided detailed instructions for logging into their Delphi eInvoicing account. FHWA’s agency POC may be contacted at HCFA-10@dot.gov.

If the Vendor has any general questions or issues accessing the iSupplier web-portal, please have them contact the ESC iSupplier helpdesk either at:

• https://einvoice.esc.gov/ •Call Delphi Help Desk at 1-866-641-3500, option #4, then option #3

(4)Training on Delphi. To facilitate use of DELPHI, comprehensive user information is available at http://einvoice.esc.gov.

(5)Account Management. Vendors are responsible for contacting the Delphi Help Desk when their firm’s points of contacts will no longer be submitting invoices so they can be removed from the system. Instructions for contacting the Delphi Help Desk can be found at http://einvoice.esc.gov.

•To add new points of contacts, Vendors are to submit the name(s), email address(es) and phone number(s) to HCFA-10@dot.gov

Account Management

If a user ID becomes inactive/times out due no activity by the POC, the Vendor shall contact HCFA-10@dot.gov with the full name, title, phone number, e-mail address, and user ID of the POC to be reactivated. To prevent being timed out due to no-activity, users should login once within 45 days of their last login.

https://login.gov/help/creating-https://login.gov/help/creating-

PAGE B-7

Waivers

The Department of Transportation Financial Management officials may, on a case by case basis, waive the requirement to register and use the DELPHI eInvoicing System.

Waiver request forms can be obtained on the DELPHI eInvoicing website (http://www.dot.gov/cfo/delphi-einvoicing- system.html) or by contacting the COR. All Vendors must explain why they are unable to use or access the Internet to register and enter payment requests.

All waiver requests shall be sent via mail to:

Director of the Office of Financial Management US Department of Transportation, B-30 Office of Financial Management, Room W93-431 1200 New Jersey Avenue SE Washington DC 20590-0001 or electronically to: DOTeInvoicing@dot.gov

The Director of the DOT Office of Financial Management will confirm or deny the request within approximately 30 days.

If a Vendor is granted a Waiver, Requests for Advance or Reimbursement and required supporting documents, shall be sent via regular U.S. Postal Service to the following address:

Federal Highway Administration Invoice Processing P.O. Box 268865 Oklahoma City, OK 73126-8865 Attention: (Fill-in Name of Contract Specialist) Invoices submitted via an overnight service must use the following physical address:

MMAC

FHWA/AMZ-150

6500 MacArthur Blvd. Oklahoma City, OK 73169 Attention: (Accounting Technician)

Express Delivery Point of Contact: Lead Account Technician, 405-954-8252

All invoices, regardless of submission method, must identify the Contract Specialist as the invoicing point of contact.

Final Invoices

For firm-fixed-price (FFP) contracts where supplies are delivered or services are

PAGE B-8

performed, the final invoice is not subject to further contract settlement actions between the Government and the Contractor.

For non-FFP contracts, further contract settlement actions may exist where final invoices are not to be submitted yet until these contract settlement actions are resolved. For these contracts, the Contracting Officer will process final invoices as a routine part of the closeout process. When requested, the Contractor shall submit the final invoice directly to the Contracting Officer/ Contract Specialist along with the final closeout documents.

When the final invoice is ready for payment, the Contracting Officer will inform the Contractor that the final invoice can be submitted through the iSupplier system.

SECTION – LIST OF ATTACHMENTS

PAGE C-1

The following attachments are incorporated in this solicitation and the resulting contract:

Attachment Description # of Pages None N/A N/A

SECTION D: SOLICITATION PROVISIONS

PAGE D-1

D.1 Incorporated by Reference

52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998)

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 the must be completed by the offeror and submitted with its quotation offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision in 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 https://www.acquisition.gov.

52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions (Sep 2007) 52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements – Representation (Jan 2017) 52.204-7 System for Award Management (Oct 2018) 52.204-16 Commercial and Government Entity Code Reporting (Aug 2020) 52.204-22 Alternative Line Item Proposal (Aug 2020) 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Oct 2020) 52.204-26 Covered Telecommunications Equipment or Services-Representation (Oct 2020) 52.209-7 Information Regarding Responsibility Matters (Oct 2018) 52.212-1 Instructions to Offerors-Commercial Items (Jun 2020) 52.212-3 Offeror Representations and Certifications-Commercial Items (Feb 2021) 52.217-5 Evaluation of Options (Jul 1990)

Addendum to 52.212-1 Instructions to Offerors Commercial Items (Jun 2020)

1. Submission Instructions

a. Solicitation Questions

Questions regarding this requirement shall be submitted no later than Monday 3/8/2021 at 2:00 pm Pacific Time to WFL.Purchasing@dot.gov. Subject line should read RFI: 69056721Q000018.

b. Quote Submission Quotes must be submitted electronically via email to WFL.Purchasing@dot.gov.

Quote must be received no later than 3/10/2021 at 2:00 pm Pacific Time. All submissions shall be in PDF format. Electronic quotes received in any other format shall not be accepted or reviewed. Subject line should read: Quote in Response to

RFQ 69056721Q000018.

mailto:WFL.Purchasing@dot.gov mailto:WFL.Purchasing@dot.gov

PAGE D-2

c. The Government reserves the right to request such additional information as may be necessary to determine the offeror’s qualifications for award or to clarify any aspects

d. of the technical and/or price submissions. Such information shall be furnished promptly upon the Governments request.

e. Offerors shall not be reimbursed the costs of developing a quote for this RFQ.

2. Technical and Quote Requirements

a. The Contractor shall address an understanding of logistics, schedule, and any other miscellaneous issues of which the Government should be aware. The Contractor shall indicate if any technical assumptions have been made, conditions have been stipulated or exceptions have been taken with the Government Description of Requirements as written. If technical assumptions are not noted, it will be assumed that the vendor’s quote reflects no technical assumptions for award and agrees to comply with all of the terms and conditions set forth herein.

b. The quote must include the following information:

1. A completed copy of the Schedule of Items (Section A)

2. A completed copy of the representations and certifications at FAR 52.212-3 if the Offeror has not completed the annual representations and certification electronically in the System for Award Management accessed through https://www.sam.gov. If the Offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov and they were updated or entered in the last 12 months, are current, accurate, complete and applicable to this solicitation (including the business size standard(s) applicable to the NAICS code(s) referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference.

3. A completed copy of TAR 1252.237-71 (See paragraph D2.2 on page D-21 and D-22)

The Contractor agrees to hold the price in its quotation firm for no less than thirty (30) calendar days from the date specified for the receipt of quotes or as requested in any subsequent amendment.

https://www.sam.gov/ http://www.sam.gov/

PAGE D-3

D.2 Full Text Provisions

52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements-Representation (Jan 2017)

(a) Definition. As used in this provision-

Internal confidentiality agreement or statement, subcontract, and subcontractor , are defined in the clause at 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements.

(b) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions), Government agencies are not permitted to use funds appropriated (or otherwise made available) for contracts with an entity that requires employees or subcontractors of such entity seeking to report waste, fraud, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(c) The prohibition in paragraph (b) of this provision does not contravene requirements applicable to Standard Form 312, (Classified Information Nondisclosure Agreement), Form 4414 (Sensitive Compartmented Information Nondisclosure Agreement), or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(d) Representation. By submission of its offer, the Offeror represents that it will not require its employees or subcontractors to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting waste, fraud, or abuse related to the performance of a Government contract to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information (e.g., agency Office of the Inspector General).

(End of Provision)

52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction Under Any Federal Law

(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that– https://www.acquisition.gov/far/52.203-19#FAR_52_203_19

PAGE D-4

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or

(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(b) The Offeror represents that–

(1) It is □ is not □ a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and

(2) It is □ is not □ a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

(End of provision)

D.3 Transportation Acquisition Regulation (TAR)

1252.237-71 Certification of Data (Apr 2005)

NOTICE: The Secretary of Transportation has determined that this certification shall be retained in accordance with Section 4301(b)(1)(B)(i)(II) of the Federal Acquisition Reform Act (Public Law 104-106, 41 U.S.C. 425, note) and DOT Memorandum dated July 17, 1996.

(a) The offeror represents and certifies that to the best of its knowledge and belief, the information and/or data (e.g., company profile; qualifications; background statements;

brochures) submitted with its offer is current, accurate, and complete as of the date of its offer.

(b) The offeror understands that any inaccurate data provided to the Department of Transportation may subject the offeror, its subcontractors, its employees, or its representatives to: (1) prosecution for false statements pursuant to 18 U.S.C. 1001 and/or; (2) enforcement action for false claims or statements pursuant to the Program Fraud Civil Remedies Act of 1986, 31 U.S.C. 3801-3812 and 49 CFR Part 31 and/or; (3) termination for default under any contract resulting from its offer and/or; (4) debarment or suspension.

PAGE D-5

(c) The offeror agrees to obtain a similar certification from its subcontractors.

Signature: ____________________________________________

Date: ____________________________________________

Typed Name and Title: ___________________________________

Company Name: ______________________________________

(End of Provision)

SECTION E: CONTRACT CLAUSES

PAGE E-1

E.1 Incorporated by Reference

52.252-2 Clauses Incorporated by Reference (Feb 1998)

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

52.203-6 Restrictions on Subcontractor Sales to the Government-Alternate I (Jun 2020) 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) 52.204-12 Limitation on Payments to Influence Certain Federal Transactions 52.204-13 System for Award Management Maintenance (Oct 2018) 52.204-18 Commercial and Government Entity Code Maintenance (Aug 2020) 52.204-19 Incorporation by Reference of Representations and Certifications (Dec2014) 52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) 52.204-25 Prohibition of Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (Aug 2020) 52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Jun 2020) 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015) 52.222-50 Combating Trafficking in Persons (Oct 2020) 52.212-4 Contract Terms and Conditions – Commercial Items (Oct 2018) 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (Nov 2020) 52.213-2 Invoices (Apr 1984) 52.222-3 Convict Labor (June 2003) 52.222-21 Prohibition on Segregated Facilities (Apr 2015) 52.222-26 Equal Opportunity (Sep 2016) 52.222-35 Equal Opportunity for Veterans (Jun 2020) 52.222-40 Notification of Employee Rights Under the National Labor Relations Act 52.222-50 Combating Trafficking in Persons (Oct 2020) 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (June 2020) 52.232-33 Payment by Electronic Funds Transfer-System for Award Management (Oct 2018)

PAGE E-2

52.232-39 Unenforceability of Unauthorized Obligations (June 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013) 52.233-3 Protest After Award (Aug 1996) 52.233-4 Applicable Law for Breach of Contract Claim (Oct 2004)

E.2 Transportation Acquisition Regulation (TAR)

The following Transportation Acquisition Regulation clauses are incorporated by reference with the same force and effect as if they were given in full text. Upon request, the Cotnracting Officer will make their full text available. Also, the full text may be accessed electronically at https://www.transportation.gov/assistant-secretary-administration/proccurement/tar-part-1252-solicitations-provisions-and-contract

1252.223-71 Accident and Fire Reporting (Apr 2005)

1252.237.72 Prohibition on Advertising (Jan 1996)

1252.242.72 Dissemination of Contract Information (Oct 1994)

E.3 Full Text Clauses

52.217-5 Evaluation of Options

Except when it is determined in accordance with FAR 17.206(b) not to be in the Government’s best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not oligate the Government to exercise the option(s).

(End of Clause)

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 within 15 days.

(End of Clause) https://www.transportation.gov/assistant-secretary-administration/proccurement/tar-part-1252-solicitations-provisions-and-contract https://www.transportation.gov/assistant-secretary-administration/proccurement/tar-part-1252-solicitations-provisions-and-contract

PAGE E-3

52.217-9 Option to Extend the Term of the Contract (Mar 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 10 days, provided that the Government gives the Contractor a preliminary written notice of its intend to extend at least 30 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years and 6 months.

(End of Clause)

52.249-1 Termination for Convenience of the Government (Fixed-Price) (Short Form) (Apr 1984)

The Contracting Officer, by written notice, may terminate this contract, in whole or in part when it is in the Government’s interest. If this contract is terminated, the rights, duties, and obligations of the parties, including compensation to the Contractor, shall be in accordance with Part 49 of the Federal Acquisition Regulation in effect on the date of this contract.

(End of Clause)

52.252-6 Authorized Deviations in Clauses (Apr 1984)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the clause.

(b) The use in this solicitation or contract of any Transportation Acquisition Regulation (48 CFR 12) clause with authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

PAGE E-4

E.4 FHWA Local Clause(s)

1252.242-73 Contracting Officer’s Technical Representative (Oct 1994)

(a) The Contracting Officer may designate Government personnel to act as the Contracting Officer’s Technical Representative (COTR) to perform functions under the contract such as review and/or inspection and acceptance of supplies, services, including construction, and other functions of a technical nature. The Contracting Officer will provide a written notice of such designation to the Contractor within five working days after contract award or for construction, not less than five working days prior to giving the contractor the notice to proceed. The designation letter will set forth the authorities and limitations of the COTR under the contract.

(b) The Contracting Officer cannot authorize the COTR or any other representative to sign documents (i.e., contracts, contract modifications, etc.) that require the signature of the Contracting Officer.

LIMITED SOURCE JUSTIFICATION (Sole Source)

Contracting activity/agency

U. S. Department of Transportation (DOT), Federal Highway Administration (FHWA), Western Federal Lands Highway Division (WFLHD).

Description of supplies and/or services required to meet agency need Federal Lands Highway requires one-year license agreement for electronic access to American Association of State Highway Transportation Officials (AASHTO) manual and standards, American Concrete Institute (ACI) standards, and American Society for Testing and Materials (ASTM) standards.

Identification of the limited source to be solicited

Company Name: IHS Global, Inc.

Company Address: 15 Inverness Way East, Englewood, CO 80112 Company POC: Monica Takacs, 760-492-6664, Monica.Takacs@ihsmarkit.com

Rationale The specific characteristics that limit the availability to a single source are that the service provides access to methods, standards, and manuals for the listed copyrighted standards. In addition, the service provides access to active and historical standards that have been revised or updated. This service eliminates the need to purchase multiple hard copies of numerous manuals and references documents routinely used throughout FLH.

Additionally, the hosting provided by IHS Global for AASHTO, ACI, and ASTM is the only mechanism to provide access to these standards through one vendor. The service provides documents that are available in one search engine, includes both active and historical versions of both ASTM and AASHTO documents, as well as the active version of ACI standards. The service provides for user creation of personally selected standards list which allow for email notifications of revisions or updates to the standards. The service allows for inclusion of FLH metadata of internal documentation, as well as hyperlinking to the same FLH documents, to be searchable along with the content of content from ASTM, AASHTO, and ACI. The access and service that is provided limits the availability to a sole source. Only this suggested source can furnish the requirements, to the exclusion of other sources, because of the multiple standards being accessed, historical documents provided, and interaction with individual users.

5. Authority

FAR 13.106-1(b)(i) – The contracting officer has determined that the circumstances of the contract action deem only one source reasonably available (e.g., urgency, exclusive licensing agreements, brand-name or industrial mobilization).

CERTIFICATIONS AND APPROVAL

Technical/Requirements Certification: I certify that the facts and representations under my cognizance which are included in this justification and its supporting acquisition planning documents, except as noted herein are complete and accurate to the best of my knowledge and belief. Additionally, I certify that the above information and the technical evidence supporting this justification are complete and accurate.

Invoices