MASH Testing DRAFT RFP.pdf

Draft RFP

OFFICE OF ACQUISITION AND GRANTS MANAGEMENT

NOTE: THIS IS NOT A REQUEST FOR PROPOSALS (RFP). THE GOVERNMENT WILL NOT

MAKE AN AWARD AS A RESULT OF THIS NOTICE AND/OR THE INTERESTED OFFEROR’S

RESPONSE.

This is a DRAFT RFP issued for information and planning purposes only in accordance with FAR

15.201. The objective of this draft solicitation is to identify and resolve concerns regarding the acquisition strategy, including proposed contract terms and conditions; the statements of work;

the suitability of the proposal instructions and evaluation criteria; and any other industry concerns or questions. This DRAFT RFP does not constitute a formal request for proposals (RFP), nor does the issuance restrict the Government’s acquisition approach. This draft RFP is subject to change.

The Government welcomes questions, comments, and feedback on this draft solicitation. Any response will remain internal and will only be seen/used by FHWA. Comments will be reviewed by the CO and Program Office only, and may be used to resolve issues in the draft RFP, and develop a final version of this document. Responders are advised that the Government will not pay for any information or administrative cost incurred in response to this notice. Response to this notice is strictly voluntary and will not affect any potential vendor’s ability to submit a proposal if a RFP is released. The Government will not make an award on the basis of this notice and any response. The Government will not advise offerors about their potential to be viable competitors.

Any response to this draft solicitation is due no later than 12:00 pm (ET) on Tuesday, June 23, 2020. Responses shall be submitted via email to: Angela.Jones@dot.gov with cc’ to HCFA-32SRI@dot.gov mailto:HCFA-32SRI@dot.gov

Draft RFP

DRAFT SECTION B - SUPPLIES OR SERVICES/PRICES

B.1 CONTRACT SUMMARY

The Contractor shall furnish all equipment, travel, materials and personnel necessary to provide the Federal Highway Administration (FHWA) with non-personal technical support for “AASHTO MASH Testing for Safety Hardware Devices Used on Off-NHS Roadways”, as described in Section C below.

The Government intends to award a Firm Fixed Price contract.

B.2 SCHEDULE OF SERVICES

The total estimated amount for the performance of this contract, inclusive of all tasks is $750,000.00.

CLIN

TASK

PRICE

Task 1 – Project Kick-off and Quarterly Progress Reports

Task 2 Testing Plan $

Task 3 – Presentation $

Task 4 Final Report $

TOTAL $

DRAFT RFP

DRAFT SECTION C - DESCRIPTION/SPECIFICATIONS

C.1 BACKGROUND

The FHWA is seeking a qualified Offeror that demonstrates the capabilities, experience, and resources required to perform crash testing on safety hardware devices. FHWA is transitioning to the latest crash test criteria for road safety hardware. This means transitioning from the National Cooperative Highway Research Program (NCHRP) Report 350 Recommended Procedures for the Safety Performance Evaluation of Highway Features to the American Association of State Highway Transportation Officials (AASHTO) Manual for Assessing Safety Hardware (MASH) methods. The goal of this effort is to make off- National Highway System (NHS) roads and highways as safe as possible, in part by accelerating the move to newer crash test criteria for Steel- Backed Timber roadway safety hardware devices.

In 2018, 36,560 people died on our nation’s highways. Of those, an estimated 55-60% died on off- NHS roadways. More than 70% of the vehicles involved in these off-NHS fatal crashes were driving on rural, two lane highways with posted speeds of 55 mph or less. A high percentage of these crashes are attributable to run off the road departures. Local governments, tribes and Federal Land Management Agencies (FLMA), the primary off-NHS owners, use combinations of road safety devices to prevent vehicles from colliding with dangerous obstacles such as trees, mountain sides, or traversing steep (non- recoverable) slopes or entering deep water.

The impact conditions of roadside safety hardware vary as a function of site and traffic characteristics. Local agencies, tribes and FLMAs are often faced with constrained right of way, the need for aesthetic design and limited view shed obstructions, difficult geometry, frequent access points, compatibility with non-motorized users and low maintenance budgets. The same vehicles that increased in size and bumper height on the NHS also use this system. Therefore, hardware crashworthiness is of upmost concern considering the high number of run off the road fatalities off the NHS and necessitates the need for MASH testing for hardware not typically used on the NHS.

MASH is an update to and supersedes NCHRP Report 350 for the purposes of evaluating new safety hardware devices. An implementation plan for MASH that was adopted jointly by AASHTO and FHWA states that highway safety hardware accepted prior to the adoption of MASH – using criteria contained in NCHRP Report 350 – may remain in place. However, on the NHS, only safety hardware evaluated using MASH will be allowed for new installations.

This project proposes to follow AASHTO 2016 MASH to crash test and document a Steel-Backed Timber roadway barrier, transition, and terminal common to the off- NHS system. This MASH testing will provide additional crashworthy alternative systems for local, federal, and tribal agencies and decrease occupant risk if they impact a device that meets current crash test standards.

Upon completion of successful crash testing of the five safety hardware device systems the FHWA will share the MASH test results and the standard details with the transportation community.

C.2 OBJECTIVE

The goal of this project is to crash test and evaluate the impact performance of safety hardware devices used or that will be used off the NHS by Federal Land Management Agencies, counties and cities, and Tribal Nations when cost, maintenance and compatibility with the local setting is important. These tests are to determine that these safety hardware devices meet safety performance criteria set forth under MASH Test Level criteria as shown in Table 1 below.

C.3 SCOPE

The Contractor shall furnish all necessary labor, materials, facilities, and supervision to perform all technical, non-personal services necessary.

For each of the safety hardware devices identified in Table 1, the Contractor shall coordinate with an approved testing facility to at least fabricate the test safety hardware devices, procure test vehicle(s), conduct physical crash testing, and return the crash site to an acceptable condition to the testing facility.

The crash testing will be conducted following criteria from the AASHTO 2016 MASH. Upon completion of successful crash testing of each safety hardware device identified in Table 1, the Contractor will analyze results, and submit the findings to FHWA. Should a test fail, suspend further testing and submit a revised testing plan to show modified safety hardware that would be likely to successfully pass the MASH testing.

The parameters of the tests must be provided in specific detail, such that the tests performed can be replicated, and the results of the crash tests will be accurate and reliable.

The tests and safety hardware devices to be tested are shown in Table 1. Standard Details are available at: https://flh.fhwa.dot.gov/resources/standard/.

https://flh.fhwa.dot.gov/resources/standard/

Table 1 – Steel-Backed Timber System Proposed Tests.

MASH

Test No.

Component

Safety Hardware Device Description

Standard Detail Designation

3-10 Roadway System Guardrail

Steel-Backed Timber Guardrail Type A & Type B https://flh.fhwa.dot.gov/resources/standard/cfl/f p14/C617-60.pdf

The Type A configuration is to be tested.

CFLHD C617-

3-11

2-30

Roadway System Terminal

TL-2 End Terminal for Steel-Backed Timber Guardrail https://flh.fhwa.dot.gov/resources/standard/cfl/f p14/C617-69.pdf

A Finite Element Model file for this End Terminal is attached to this Federal Business Opportunities Synopsis/Solicitation

CFLHD C617-

2-31 2-32 2-33 2-34 2-35 2-36

3-20

Roadway System Transition

Steel-Backed Timber Guardrail TL-2 Transition to Straight or Curved-End Structure https://flh.fhwa.dot.gov/resources/standard/efl/ pdf/ET617-67.pdf

The title says “TL-2”, but the FHWA requests the test be “TL-3”. Only one end system will be selected for testing after Step 2d below.

EFLHD ET

617-67

3-21

C.4 DETAILED REQUIREMENT

Facility Requirement Due to the nature of this study, all laboratories that perform crash testing for acceptance of roadside safety hardware shall be accredited under ISO/IEC 17025:2005 General Requirements for the Competence of Testing and Calibration Laboratories. Additionally, as required under ISO/IEC17025:2005 laboratories must show past experience in MASH09 or MASH16 crash testing. Laboratories must also show past experience with detailed finite element analysis for guardrails, end terminals, and transitions.

NOTE TO OFFERORS: The offeror’s team must include at least one individual who is knowledgeable and experienced in performing current MASH testing. The proposal must demonstrate this requirement is met.

NOTE TO OFFERORS: Offerors are to propose a Testing Plan that outlines as a minimum the steps shown below for the systematic testing of the safety hardware devices shown in Table 1. Use the basic MASH Test Level criteria as shown in Table 1.

https://flh.fhwa.dot.gov/resources/standard/cfl/fp14/C617-60.pdf https://flh.fhwa.dot.gov/resources/standard/cfl/fp14/C617-60.pdf https://flh.fhwa.dot.gov/resources/standard/cfl/fp14/C617-69.pdf https://flh.fhwa.dot.gov/resources/standard/cfl/fp14/C617-69.pdf https://flh.fhwa.dot.gov/resources/standard/efl/pdf/ET617-67.pdf https://flh.fhwa.dot.gov/resources/standard/efl/pdf/ET617-67.pdf

The Federal Register 72 FR 54210 Crash Test Laboratory Requirements for FHWA Roadside Safety Hardware Acceptance https://www.federalregister.gov/documents/2007/09/24/E7- 18725/crash-test-laboratory- requirements-for-fhwa-roadside-safety-hardware-acceptance amended 23 CFR 637.209 Laboratory and Sampling and Testing Personnel Qualifications to add 23 CFR 637.209(a)(5).

TASKS

1. The Contractor shall participate in a virtual kickoff meeting with the FHWA Contracting Officer’s Representative (COR) and other FHWA staff as identified. The Contractor key personnel shall attend the meeting.

2. The Contractor shall develop or use existing finite element models (FEM) for each of the safety hardware devices shown in the Table 1, and perform a finite element analysis (FEA) for each Test No. to determine and predict the MASH impact conditions. Or as an alternative, document other data, information, or crash tests on which professional judgement decisions were or can be based.

Deliver to the FHWA a report summarizing the FEA or professional judgement results.

3. Roadway Systems: The Contractor shall offer recommendations for each test condition on whether to proceed with its full-scale test, or to not proceed based on the likelihood of a failing test. For designs considered likely to fail, provide recommendations and rationale for design modifications that would increase their likelihood to pass. Also include recommendations for testing one of each of the roadway systems that answer the following scenarios:

• Would it be likely to pass at the designed height of 27 inches (preferred), or should its height be increased to 31 inches?

• Which design scenario would be most likely to pass for the transition: one with a rub rail, or one without a rub rail?

• Which design scenario would be most likely to pass for the transition: one with a curb, or one without a curb?

• Which design scenario would be most likely to pass for the transition: one witha straight transition, or one with a curved-end transition?

4. At this key juncture, the FHWA will make a Go/No-Go decision on whether to proceed with all or part of the series of full-scale crash tests, or to not conduct any of the full- scale crash tests.

5. Construct the safety hardware devices.

6. Crash test the safety hardware devices in accordance with the appropriate tests and MASH Test Level criteria as shown in Table 1, unless modified by FHWA after discussions in step 3, including all applicable documentation as required.

7. Cease further testing immediately after any failed test. Contact FHWA to discuss next steps. For each unsuccessful crash test prepare a brief summary of the test along with an evaluation of failure mechanisms along with recommendations for changes which could be made to the safety hardware devices to increase the likelihood of a successful crash test.

8. Document each crash test’s results in the Final Report including an evaluation of whether the safety hardware devices met all MASH criteria. Deliver a DVD or electronic link to the FHWA of each crash test video, and if used, the FEM file.

https://www.federalregister.gov/documents/2007/09/24/E7-18725/crash-test-laboratory-requirements-for-fhwa-roadside-safety-hardware-acceptance https://www.federalregister.gov/documents/2007/09/24/E7-18725/crash-test-laboratory-requirements-for-fhwa-roadside-safety-hardware-acceptance https://www.federalregister.gov/documents/2007/09/24/E7-18725/crash-test-laboratory-requirements-for-fhwa-roadside-safety-hardware-acceptance https://www.federalregister.gov/documents/2007/09/24/E7-18725/crash-test-laboratory-requirements-for-fhwa-roadside-safety-hardware-acceptance

Data Ownership

The FHWA secures full rights to the crash testing data. Offeror shall give the FHWA copies of all the data. All data provided by the Offeror shall be available for full use by the FHWA.

The results of these tests may not be shared with any other entity without written approval from the FHWA. The FHWA may share this data without restriction with external partners such as other Federal Land Management Agencies, Tribal Nations, state and local agencies, metropolitan planning organizations, universities, and consultants.

C.4.1 TASK REQUIREMENTS

Task 1 – Project Kick-off and Finalize the Testing Plan

Within 10 days after award, the Contractor shall organize and host hold a virtual Project Kick-off meeting to introduce the Contractor’s team. At the meeting, the Contractor shall discuss its Testing Plan and steps shown for the systematic testing of the safety hardware devices shown in Table 1.

The FHWA team will provide comments on Testing Plan and the projects schedule. Within 10 days after the Kick-off meeting, the Contractor shall submit a final Testing Plan that addresses FHWA’s comments and include a schedule of events and deliverable dates. This final Testing Plan shall be included in the Final Report.

Task 2 – Conduct the Testing Plan

The Contractor shall follow the steps and schedule as shown in the final Testing Plan. Once testing is initiated, the Contractor shall provide a short email after each test stating the test was conducted and an estimate of whether the device passed the appropriate criteria.

Task 3 – Presentation

Task 4a. Draft Presentation The Contractor shall prepare and present, via webinar, a PowerPoint Presentation with talking note materials, including crash test videos, graphical results, conclusions, and recommendations. A draft PowerPoint Presentation shall be submitted 60 days or earlier prior to the end date of the contract. The FHWA will review and provide comments and feedback within 15 days of receipt of the PowerPoint Presentation.

Task 4.b Final Presentation

The Contractor shall address FHWA’s comments on the draft presentation and submit a final revision of the Power Point Presentation within 30 days to address comments, make revisions, and conduct the presentation in a webinar at the last Quarterly Interim Meeting.

Task 4 – Final Report

The Contractor shall submit a final report is required, inclusive of all crash test videos. If the testing was still unsuccessful for all or components of each system, the Contractor shall prepare a final report on all aspects of the testing with an analysis of design problems and recommendation on how to overcome these issues.

Draft Final Report The Contractor shall submit a draft Final Report, in electronic format, summarizing the results and recommendations. The draft final report shall be submitted 45 days or earlier prior to the end date of the contract. The FHWA will review and provide comments and feedback within 15 days of receipt of the draft final report.

Task Final Report The Contractor shall submit the Final Report within 30 days to address the comments, questions, make revisions, and present it at the Closeout Meeting.

Reports

All non-standard fonts used in documents must be supplied on a disk so the document will print as it appeared on the offeror’s equipment. Files must be included in the programs of origin, such as MS Word, PowerPoint, Excel, etc., so these files can be modified or corrected and re-imported into the full text document. Graphics should be created as separate elements and imported into the text file. An electronic file of each imported graphic shall be delivered. Graphics must be produced in a program that can export an interchange file format that can be imported into the full text.

Photos must be in TIF or EPS (GIF and JPEG are acceptable for electronic publishing) with on-screen preview and with line screen appropriate for printing. Files should be provided in a recommended manageable size of 10 Mb or less.

Except as specified in this section for contract level reports, all reports and other data items required for each individual task will be defined at the task level. Contract level reports incorporate all issued task, performance and problems, and are required in accordance with the requirements specified herein.

C.5 QUARTERLY PROGRESS REPORTS

The Contractor shall submit an electronic (2016 or higher Microsoft (MS) Office or PDF) progress reports to the COR and the Contract Specialist (CS). These reports shall be prepared on a quarterly basis and submitted by the 10th of the month following the reporting period. The reports shall be in format as directed by the COR and, at a minimum, include the following items:

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

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

(c) Project schedule status based on opinion of the PM, shown as red (major delays and significant impact overall), yellow (slight delay to schedule but minimum impact overall), and green (on schedule).

(d) A description of any problem encountered or anticipated that will affect the completion of any work within the timeframe set, together with recommended solutions to such problems;

or, a statement that no problems were encountered. Also, a description of any identified risks and plan to mitigate risk

DRAFT 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.

D.2 SHIPMENT AND MARKING

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

D.3 F.O.B. POINT

The F.O.B. point for any hard copy submittals and delivered items, unless otherwise directed by the Government shall be:

Federal Highway Administration Attn: COR designated at award

D.4 EQUIPMENT REMOVAL

Any Contractor-owned equipment, accessories, and devices located on Government property shall be dismantled and removed from Government premises by the Contractor, at the Contractor’s expense, within thirty (30) calendar days after contract expiration. Exceptions to this requirement shall be mutually agreed upon by the Government and the Contractor and written notice issued by the CO.

DRAFT SECTION E - INSPECTION AND ACCEPTANCE

E.1 CLAUSES INCORPORATED BY REFERENCE

This contract incorporates the following clauses by reference with the same force and effect as if they were given in full text.

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

E.2 INSPECTION AND ACCEPTANCE

All work shall be subject to review by the Government. All deliverables will be inspected for content, completeness, accuracy, and conformance to the requirements. Delivery of deliverable items shall not constitute acceptance. The COR is responsible for inspection and acceptance of all deliverables and services.

The Government requires a period not to exceed thirty (30) calendar days after receipt of final deliverable items for inspection and acceptance or rejection, unless otherwise specified. For periods exceeding thirty (30) days, it is the responsibility of the Contractor to confirm receipt and acceptance of the deliverable(s)

E.3 ACCEPTANCE CRITERIA

Certification by the COR or CO of satisfactory services provided is contingent upon the Contractor performing in accordance with the terms and conditions of the contract and all modifications.

Deliverable items rejected shall be corrected in accordance with the applicable clauses. Reports, documents and narrative type deliverables will be accepted when all discrepancies, errors or other deficiencies, identified in writing by the Government, have been corrected.

DRAFT SECTION F - DELIVERIES OR PERFORMANCE

F.1 CLAUSES INCORPORATED BY REFERENCE

This contract incorporates the following clauses by reference with the same force and effect as if they were given in full text.

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)

F.2 PERIOD OF PERFORMANCE

The estimated period of performance (POP) is 12 months (one year) from the effective date of the contract. There are no option periods under the contract.

NOTE: Offerors are to proposed the POP deemed necessary and realistic to complete the work.

F.3 METHOD OF DELIVERY

Electronic copies shall be delivered using Microsoft (MS) Office suite of tools (for example, MS Word, MS Excel, MS PowerPoint, MS Project, Or MS Access format) version 2016 or later, unless otherwise specified by the COR. Electronic submission shall be made via email, unless otherwise agreed to by the COR.

F.4 DELIVERABLE/DELIVERY SUMMARY

Deliverable

Delivery

Date

Format

Method

Recipient

Task 1 – a) Project Kick-off and

b) Finalize the Testing Plan

Two weeks after NTP

a) webinar

b) *.docx white paper

a) phone & computer

b) email

CO, COR, &

Advisory Panel

Task 2a – Initiate Testing Plan Four weeks after NTP

Short note

Email CO, COR, &

Task 2b – a) Full Scale Crash Tests and b) Reporting

a) Per Task 1

b) Four weeks after test

*.docx formatted report

Task 3(a) – Presentation Draft

Eight weeks before end of contract

*.pptx slide deck

Task 3(b) – Presentation Final

Four weeks before end of contract

*.pptx slide deck

Phone & computer

CO, COR, &

Task 4(a) Final Report Draft

Eight weeks before end of contract

*.docx

Task 4(b) Final Report and Closeout Meeting

Four weeks before end of contract

*.docx

F.5 PLACE OF DELIVERY

All deliverables shall be delivered to the COR and other staff as instructed by the COR. The quarterly progress reports shall be delivered electronically to the Contract Specialist/Administrator and the COR.

COR:

To be filled at award

Contract Specialist (CS):

To be filled at award

F.6 PLACE OF PERFORMANCE

The Contractor shall perform most the work at the Contractor’s facility.

NOTE: Due to the nature of this study, all laboratories that perform crash testing for acceptance of roadside safety hardware shall be accredited under ISO/IEC 17025:2005 General Requirements for the Competence of Testing and Calibration Laboratories. Additionally, as required under ISO/IEC17025:2005 laboratories must show past experience in MASH09 or MASH16 crash testing. Laboratories must also show past experience with detailed finite element analysis for guardrails, end terminals, and transitions.

DRAFT SECTION G - CONTRACT ADMINISTRATION DATA

G.1 CONTRACT ADMINISTRATION DATA

The Contractor shall provide sufficient management to ensure that this contract is performed efficiently, accurately, on time, and in compliance with the requirements of this document.

Specifically, the Contractor shall designate a single Program Manager (PM) to oversee this contract and supervise staff assigned to this contract. The Contractor shall provide all personnel, supplies, facilities, transportation, materials, supervision, and other items and non-personal services necessary to meet the requirements.

G.2 CONTRACTING OFFICER’S AUTHORITY

The Contracting Officer is the only person authorized to make or approve any changes in any of the requirements of this contract, and, notwithstanding any provisions contained elsewhere in this contract, the said authority remains solely with the CO. In the event the Contractor makes any changes at the direction of any person other than the CO, the change will be considered to have been made without authority and no adjustment will be made in the contract terms and conditions, including price.

G.3 CONTRACTING OFFICER’S REPRESENTATIVE

(a) The CO 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 CO designates TBD as COR. The COR’s responsibilities shall include technical monitoring of the Contractor’s performance and inspecting and accepting deliveries under the contract.

(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 CO 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 CO 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 three 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 CO’s response issued under paragraph

(e) of this clause.

(e) The CO 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 CO 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 CO or the COR acting within his or her appointment, shall be at the Contractor’s risk.

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 and TO.

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 three (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 CO in writing, within three (3) working days after receipt of any such direction. The CO will determine if the Technical Direction is proper, or if a contract modification would be required to properly implement the direction. Failure of the parties to agree upon the nature of the direction or upon the contract action to be taken with respect thereto shall be subject to the clause included in Section I entitled “Disputes.”

G.5 SUBCONTRACTS – ADVANCE NOTIFICATION AND CONSENT

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

(a) [APPROVEDSUBCONTRACTORNAME]

Any future change or revision to the Statement of Work or other applicable aspects of this contract shall include the subcontract(s) only to the extent that performance of the subcontract(s) is directly affected by the change or revision.

G.6 PAYMENT OF FIRM FIXED PRICE

The Contractor may request payment for the FFP upon the Government’s acceptance of all work.

Determination of satisfactory completion and acceptance of the work will be made by the COR.

NOTE: Proportional payments may be made based on an established Milestone Payment Schedule for work performed and accepted.

Materials costs, including travel expenses, shall be accounted as part of the firm fixed price.

G.7 TRAVEL AND PER DIEM

No travel is anticipated during the life of this contract. If the contractor deems that travel is necessary, the travel costs shall be accounted as part of the firm fixed price.

G. 8 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.

(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.

(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) Agency POC’s will be responsible for communicating with vendor POC’s to initiate the Delphi eInvoicing account creation process. 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 http://www.login.gov/ https://login.gov/help/creating-an-account/how-to-create-an-account/ https://login.gov/help/creating-an-account/how-to-create-an-account/ the account is created. The vendor user will be provided detailed instructions for logging into their Delphi eInvoicing account.

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 helpdesk 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 The Vendor shall contact their COR when POCs leave their organization or will no longer be submitting invoices, with the full name, title, phone number, e-mail address, and user ID of the POC. The user ID will then be removed. If a user ID becomes inactive/times out due no activity by the POC, the Vendor shall contact their COR 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.

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.

https://einvoice.esc.gov/ http://einvoice.esc.gov/ http://einvoice.esc.gov/ mailto:HCFA-10@dot.gov http://www.dot.gov/cfo/delphi-einvoicing-system.html http://www.dot.gov/cfo/delphi-einvoicing-system.html mailto:DOTeInvoicing@dot.gov

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.

G.9 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.10 REQUIREMENTS FOR IMPLEMENTING SECTION 508 STANDARDS

The following applies to all FHWA Contracts issued on or after January 18, 2018 containing Information and Communication Technology (ICT) as a deliverable. In addition to the work requirements specified in this statement of work, vendors must ensure that all ICT that they prepare will meet the requirements of Section 508 of the Rehabilitation Act and the Information and Communication Technology (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

• 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.

Before final acceptance of any ICT item, including updates and replacements, if the Contractor claims its products or services satisfy the applicable revised 508 Standards specified in the statement of work, and the Contracting Officer’s Representative, in coordination with the Contracting Officer, determines that any furnished ICT item is not in compliance with such requirements, the contracting officer will promptly inform the Contractor in writing of the noncompliance. The Contractor shall, at no cost to the agency, repair or replace the non-compliant products or services within the period specified by the Contracting Officer.

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 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 https://www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-ict-refresh

DRAFT 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 EVALUATION OF CONTRACTOR PERFORMANCE

Interim and final evaluations of Contractor performance will be prepared on this contract in accordance with FAR 42.1502 and Transportation Acquisition Manual (TAM) 1242.1502. The final performance evaluations will be prepared at the time of completion of work. Copies of the evaluations, Contractor responses, and review comments, if any, will be retained as part of the contract file, and may be used to support future award decisions.

The Contractor shall 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 sixty (60) day time period.

H.3 ORGANIZATIONAL CONFLICT OF INTEREST

It is anticipated that Contractor performance under previous efforts or under this ID/IQ may create a current or subsequent Organizational Conflict of Interests (OCI) as defined in FAR Subpart 9.5.

As applicable, in each TO proposal the Contractor shall provide a statement 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 TO in an impartial and objective manner.

The CO 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 Offeror may create an actual or potential conflict of interest. If any such conflict of interest is found to exist, the CO may (a) disqualify the Offeror, or (b) determine that it is otherwise in the best interest of the United States to contract with the Offeror and include appropriate provisions to mitigate or avoid such conflict in the task order awarded.

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 USE OF GOVERNMENT FURNISHED FACILITIES

No Government furnished facilities will be provided.

H.7 DISSEMINATION OF CONTRACT INFORMATION

The Contractor shall not publish, permit to be published, or distribute information, oral or written, concerning the results or conclusions made pursuant to the performance of this contract, without the prior written consent of the Contracting Officer. The COR and the Contracting Officer shall be afforded the opportunity to review all Contractor communications and/or correspondence with the media regarding this effort at least 72 hours prior to public release. An electronic copy of any material proposed to be published or distributed shall be submitted to the Contracting Officer, and the COR.

H.8 ACKNOWLEDGEMENT OF SUPPORT AND DISCLAIMER

An acknowledgment of FHWA support and a disclaimer must appear in any publication of any material, whether copyrighted or not, based on or developed under this contract in the following terms:

“This material is based upon work supported by the Federal Highway Administration under contract number [To Be Determined]

Additionally, all materials must contain the following statement:

“Any opinions, findings and conclusions or recommendations expressed in this publication are those of the author(s) and do not necessarily reflect the views of the Federal Highway Administration.”

H.9 DATA RIGHTS

The Government has unlimited rights to all results, data, documents, and material produced under this contract. All results, data, documents, and materials, to include the source code of any software produced or modified under this contract, shall be Government owned and the property of the Government with all rights and privileges of ownership/copyright belonging exclusively to the Government. These results, data, documents, and materials may not be disclosed, used, or sold by the Contractor without written permission from the CO. All materials supplied to the Government shall be the sole property of the Government and may not be used for any other purpose. This right does not abrogate any other Government rights.

H.10 SOURCE CODE FOR SOFTWARE

Notwithstanding any other clause in this contract, the FHWA will have “unlimited rights”, as that term is defined in FAR 27.401, in the software and source code delivered under this contract. As a result, the FHWA may modify and distribute the software and source code to the public without restriction.

H.11 CLOSEOUT OF CONTRACT FILE

The Government will initiate the administrative closeout of the contract after receiving evidence that all technical requirements have been completed.