FINAL11240928.pdf

(x)

DTNH22-08-R-00085

x x copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted; or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGEMENT TO BE RECEIVED AT

THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

x

Washington DC 20590

SHULTZ

1200 New Jersey Avenue, SE

Office of Acquisition Management

DOT/NHTSA/NPO-320

Pete Shultz 202-366-9561

NPO-320

Washington, DC 20590

1200 New Jersey Avenue, SE

DOT/NHTSA/NPO-320

Office Of Acquisition Management

09/28/2007000002

13. THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTS/ORDERS. IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

12. ACCOUNTING AND APPROPRIATION DATA (If required) is not extended.is extended, Items 8 and 15, and returning

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods: (a) By completing

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

FACILITY CODE CODE

10B. DATED (SEE ITEM 11)

10A. MODIFICATION OF CONTRACT/ORDER NO.

9B. DATED (SEE ITEM 11)

9A. AMENDMENT OF SOLICITATION NO.

CODE

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code)

7. ADMINISTERED BY (If other than Item 6)CODE 6. ISSUED BY

PAGE OF PAGES

4. REQUISITION/PURCHASE REQ. NO.3. EFFECTIVE DATE2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO. (If applicable)

1. CONTRACT ID CODE

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

09/17/2007

CHECK ONE

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority) appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

E. IMPORTANT:

Contractor is not, is required to sign this document and return __________________ copies to the issuing office.

ORDER NO. IN ITEM 10A.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

The purpose of this Amendment 002 is to effect the changes as shown on the attached pages

Changes are reflected in yellow highlite.

Period of Performance: 12/15/2007 to 12/14/2010

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)15A. NAME AND TITLE OF SIGNER (Type or print)

15C. DATE SIGNED 16B. UNITED STATES OF AMERICA 15B. CONTRACTOR/OFFEROR 16C. DATE SIGNED

(Signature of person authorized to sign) (Signature of Contracting Officer)

S. Peter Shultz

STANDARD FORM 30 (REV. 10-83)

Prescribed by GSA

FAR (48 CFR) 53.243

NSN 7540-01-152-8070

Previous edition unusable

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

DTNH22-08-R-00085 “Media Support for National Communications Activities”

PART I - THE SCHEDULE

SECTION B - SUPPLIES OR SERVICES, AND PRICES/COST

B.1 SUPPLIES/SERVICES

The Contractor shall furnish all the necessary qualified personnel, facilities, materials, supplies, equipment, and services to perform the requirements of the Statement of Work in Section C, and other terms and conditions of the Solicitation, and any resultant Contract, for the effort entitled, “Media support for communications Activities.”

B.2 PRICE SCHEDULE DEFINITIONS

B.2.1 “Functional Areas” As used in this contract, “Functional areas” define specific areas of technical expertise required in the performance of this contract effort. There are nine functional areas:

B.2.1.1 “Account Management”: As the title implies, this function oversees the entire contract effort. Account Management includes the overall management of financial, material, and human resources. This functional area would most commonly address technical and contractual problems.

B.2.1.2 “Production of Ads”: As the title implies, this function includes the work related to the development and production of television and radio ads – from the development of storyboards to the final delivered product and the retagging of existing ads with state logos and/or icons.

B.2.1.3 “Media Buy”: As the title implies, this function includes the work related to planning, placing media buys and providing post-buy analysis. This includes traditional as well as nontraditional media outlets for national media campaigns and buys in local markets that support NHTSA demonstration projects.

B.2.1.4 “Events/Earned Media”: This function refers to the work related to planning, staging, pitching, and executing local press events to promote strategic highway safety messages. This includes completion of satellite media tours, bites and b-roll packages, and audio news releases. The contractor shall provide a studio in Washington DC for satellite media tours, bites and b-roll packages and audio news releases.

B.2.1.5 “Planning and Research”: This function refers to the work related to better identifying target audiences and their responses to communication strategies and messages. Planning and research efforts include focus group opportunities, mall intercepts, and web based feedback. This function also includes the work related to the planning and development of a national communications plan.

B.2.1.6 “State and Technical Research”: This function refers to any work associated with providing media support to states. Media support may include the review of media buy plans, creative executions and earned media discussions.

DTNH22-08-R-00085 “Media Support for National Communications Activities”

B.2.1.7 “Creative Collateral Material”: This function refers to work involved in the development of collateral material kits to support the primary high visibility campaigns for “Click it or Ticket” and Drunk Driving. Over the Limit. Under Arrest.

Collateral materials include posters, web banners, and other guerilla materials delivered in a web format for posting on the NHTSA website.

B.2.1.8 “Conference and National Forum”: This function refers to work related to speeches or presentations conducted by the contractor at national/regional conferences. This includes providing technical and administrative support at national communication forums that bring states together for training on updated communication strategies. Administrative support includes the finding and negotiation of hotel conference facilities, agenda development and speaker identification.

B.2.1.9 “Training”: This function refers to the work related to conducting the 2.5 day NHTSA communication course that NHTSA offers to state highway safety offices.

Work includes understanding the curriculum, presenting the training and updates.

B.2.2 "Loaded Labor Rates": As used in this contract, "Loaded Labor Rates" are composite rates for labor categories assigned to each of the three functional areas. These rates represent a weighted average based on the anticipated level of participation of each labor category within a function. The loaded labor rate includes the base rate (plus merit and or cost of living increases if applicable) plus indirect costs such as Fringe Benefits, Overhead, Facilities Capital Cost of Money (FCCM), G&A, and Fee or Profit. Loaded Labor Rates shall be fixed at time of contract award and shall remain fixed for the entire term of the contract (to include Option Years, if exercised).

B.2.3. "Regular" Loaded Labor Rates: Regular Loaded Labor Rates reflect rates paid for work performed during a normal workweek (generally 40 hours per workweek).

B.2.4 "Overtime" a). "Normal Workweek" means, generally, a workweek of 40 hours.

b). "Overtime" means time worked by a contractor's employee in excess of the employee's normal workweek.

c). "Overtime Premium" means the difference between the contractor's regular rate of pay to an employee for the shift involved and the higher rate paid for overtime.

d). Overtime shall be used only when approved in advance by the Contracting Officer.

B.2.5 Materials, Supplies, and all other Non-Labor Costs - For all materials, supplies, travel costs, subcontracting, and consultant’s costs, and all other non-direct labor (contractor’s labor) costs, the Contractor shall be reimbursed at cost including appropriate indirect costs.

Indirect costs include only those costs clearly excluded from the loaded labor rate and allocated in accordance with the Contractor's usual accounting practices consistent with FAR Part 31. The contractor shall not apply a fee or profit to materials, supplies, travel costs, subcontracting, and consultant’s costs, or other non-direct labor items furnished under this contract.

DTNH22-08-R-00085 “Media Support for National Communications Activities”

B.2.5.1 Materials Handling Costs: Application of Material Handling Costs to Materials is strictly prohibited under this contract unless documentation submitted with the proposal clearly shows that no part of the loaded labor rates includes such cost. Further, if a Material Handling Cost is shown to be appropriate through such documentation, only those indirect costs, including only that part of the G&A expenses allocated to direct materials in accordance with the Contractor's usual accounting practices consistent with FAR Part 31, shall be accepted. Materials’ Handling Costs shall be negotiated prior to award and shall remain fixed during the entire term of the contract. In the absence of such documentation, no Material Handling Costs as applied separately to Materials shall be reimbursable under this contract.

B.2.5.2 Subcontracts: The cost of subcontracts, (if applicable) to include subcontracts with consultants, is reimbursable costs under this clause. Reimbursable costs shall not include any costs arising from the letting, administration or supervision of performance of the subcontracts, if the costs are included in the hourly labor rates payable under this contract. The prime contractor shall not apply a fee or profit to subcontractors’ costs.

B.2.5.3 All Other Non-Labor Costs: Any and all other non-labor costs incurred during the performance of this contract shall be reimbursed at cost only.

B.2.5.4 Profits or Fee: Application of Profit or Fee to Materials, Subcontracting and all other Non-Labor Costs is strictly prohibited.

B.2.6 Travel Costs - The Contractor shall be reimbursed in accordance with FAR Part 31, as follows:

a. Costs for transportation may be based on mileage rates, actual costs incurred, or on a combination thereof, provided the method used results in a reasonable charge.

b. Costs for lodging, meals, and incidental expenses may be based upon per diem, actual expenses, or a combination thereof; such costs shall be considered to be reasonable and allowable only to the extent that they do not exceed on a daily basis the maximum per diem rates in effect at the time of travel as set forth in the following:

1) Federal Travel Regulations - for travel in the contiguous United States;

2) Joint Travel Regulations, Volume 2 DoD Civilian Personnel, Appendix A -for travel in Alaska, Hawaii, The Commonwealth of Puerto Rico, and territories and possessions of the United States; or

3) Standardized Regulations (Government Civilians, Foreign Areas), Section

925, "Maximum Travel Per Diem Allowances For Foreign Areas" - for travel in areas not covered by 1 and 2 above.

DTNH22-08-R-00085 “Media Support for National Communications Activities”

c. Specific written approval from the Contracting Officer must be obtained in advance of any travel to foreign areas.

d. Non-reimbursable Travel: Travel expenses of any kind incurred for personal convenience between home and the contractor’s site will not be reimbursed under this contract.

B.2.7 “Pass-through of Congressionally Mandated Funds” and “Ad Hoc Advertising Air Time:” During the term of the contract, the United States Congress may provide NHTSA with Congressionally Mandated Funds or funds for Ad Hoc Advertising Air Time of varied amounts to be used in purchasing paid media advertisements for the “Click It or Ticket” and/ or Drunk Driving, Over the Limit. Under Arrest. campaigns. Such funds have been identified in this contract as “Pass-Through of Congressionally Mandated Funds” or funds for Ad Hoc Advertising Air Time. As Congress provides pass-through funding to NHTSA, NHTSA will modify the contract, unilaterally, to add the amount of pass-through funding to the this cost category. Congressionally Mandated Funds or funds for Ad Hoc Advertising Air Time may not be used by the contractor to pay for any Functional Area, Other Direct or Travel Costs ; nor may the contractor use any part of Congressionally Mandated Funds to recover its indirect costs or fee. See Paragraph C.10.2 of this contract for further discussion on Congressionally Mandated Funds.

B.2.8 Ceiling Amounts: The ceiling amounts for this contract are as follows:

Base Period (First 36 months of the contract term). $ To be filled in at time of contract award.

Option Year One.................................. $ To be filled in at time of contract award.

Option Year Two..................................$ To be filled in at time of contract award.

The Not to Exceed (“NTE”) amounts shown for the Functional Areas and all other costs presented in Section B.3 “Price Schedules” of this contract are estimates only. Upon written authorization from the Contracting Officer, the Contractor may make line-item adjustments between “Other Direct Costs” categories. The ratios of “Functional Areas” used in the calculation of the Functional Area NTE amounts may also be adjusted upon written authorization from the Contracting Officer. In no event shall the Contractor exceed the established Ceiling Price of any Base Period year or any Option Year Period.

DTNH22-08-R-00085 “Media Support for National Communications Activities”

B.3 PRICE SCHEDULES

B.3.1 BASE PERIOD (From the effective date of the contract through Thirty-Six (36) months thereafter.)

B.3.1.1 Price Schedule I (Base Period 1)

(Effective Date of Contract Award Through 12 Months Thereafter)

Functional Area *Level of Effort (In Hours)

Loaded Hourly Labor Rate

Extended Amount

Account Management 2,000 $ $

Ad Production 1,600 $ $

Media Buy 411 $ $

Events/Earned Media 235 $ $

Planning and Research 700 $ $

State and Technical Assistance 120 $ $

Creative Collateral Material

425 $ $

Conference and National Forum 1,040 $ $

Training 60 $ $

Other $ $

Total Functional Area Cost $

Other Direct Costs Estimated Cost Contractor’s Indirect Cost Rate (If Applicable) Extended Cost

Travel $60,000 $

Other $850,000 $

Congressional Pass-through $29,000,000 $

Ad Hoc Advertising Air Time $5,000,000 $

Total Other Direct Costs $34,910,000

DTNH22-08-R-00085 “Media Support for National Communications Activities”

B.3.1.2 Price Schedule II (Base Period 2)

(End of Base Period 1 Through 12 Months Thereafter)

Loaded Hourly Labor Rate

Extended Amount

Account Management 2,000 $ $

Ad Production 1,600 $ $

Media Buy 411 $ $

Events/Earned Media 235 $ $

Planning and Research 700 $ $

Training 60 $ $

Travel $60,000 $

Other $950,000 $

Congressional Pass-through $29,000,000 $

Ad Hoc Advertising Air Time $5,000,000 $

Total Other Direct Costs $35,010,000

DTNH22-08-R-00085 “Media Support for National Communications Activities”

B.3.1.3 Price Schedule III (Base Period 3)

(End of Base Period 2 Through 12 Months Thereafter)

Loaded Hourly Labor Rate

Extended Amount

Account Management 2,000 $ $

Ad Production 1,600 $ $

Media Buy 411 $ $

Events/Earned Media 235 $ $

Planning and Research 700 $ $

Training 60 $ $

Travel $60,000 $

Other $1,050,000 $

Congressional Pass-through $29,000,000 $

Ad Hoc Advertising Air Time $5,000,000 $

Total Other Direct Costs $35,110,000

TOTAL BASE PERIOD CEILING: ___________

DTNH22-08-R-00085 “Media Support for National Communications Activities”

B.3.2 OPTION PERIOD ONE (From end of Base Period through Twelve (12) Months Thereafter.)

Loaded Hourly Labor Rate

Extended Amount

Account Management 2,000 $ $

Ad Production 1,600 $ $

Media Buy 411 $ $

Events/Earned Media 235 $ $

Planning and Research 700 $ $

Training 60 $ $

Travel $60,000 $

Other $1,150,000 $

Congressional Pass-through $29,000,000 $

Ad Hoc Advertising Air Time $5,000,000 $

Total Other Direct Costs $35,210,000

OPTION PERIOD 1 CEILING AMOUNT: ________________

DTNH22-08-R-00085 “Media Support for National Communications Activities”

B.3.2 OPTION PERIOD TWO (From end of Option Period One through Twelve (12) Months Thereafter.)

Loaded Hourly Labor Rate

Extended Amount

Account Management 2,000 $ $

Ad Production 1,600 $ $

Media Buy 411 $ $

Events/Earned Media 235 $ $

Planning and Research 700 $ $

Training 60 $ $

Travel $60,000 $

Other $1,250,000 $

Congressional Pass-through $29,000,000 $

Ad Hoc Advertising Air Time $5,000,000 $

Total Other Direct Costs $35,310,000

OPTION PERIOD 2 CEILING AMOUNT: ________________

TOTAL CONTRACT’S CEILING AMOUNT (To include three-year Base plus Two Option Periods, if Exercised): ________________

DTNH22-08-R-00085 “Media Support for National Communications Activities”

*Level of Effort Estimates Based on the Following Projects:

• Production of Ads: In each 12 month period - up to three (3) ads.

• Media Buy: In each 12 month period - three (3) national campaigns and media buys in up to 50 local markets.

• Events/Earned Media: In each 12 month period - up to six (6) national press events, up to three (3) local press events, and up to six (6) satellite media tours, bites and b-roll and audio news releases.

• Planning and Research: In each 12 month period – up to seven (7) focus group opportunities.

• State and Technical Assistance: In each 12 month period – up to eighty (80) opportunities to provide media support to states.

• Creative Collateral Material: In each 12 month period – up to four (4) collateral material kits, and nine (9) mini-planners.

• Conference and National Forum: In each 12 month period – up to seven (7) national/regional conferences and includes the work related to supporting two (2) national communication forums.

• Training: In each 12 month period - conduct up to four (4) 2.5 day NHTSA communication courses.

DTNH22-08-R-00085 “Media Support for National Communications Activities”

SECTION D - PACKAGING AND MARKING

Preservation, packaging, and packing of all shipments or mailing of all work delivered under this contract shall be done in accordance with good commercial practices and to insure acceptance by common carrier (if applicable) and safe transportation at the most economical rate(s).

To the maximum extent practical, the contractor shall transmit all contract deliverables electronically (e-mail). Unless specifically exempted by the Contracting Officer, all other deliverables, including deliverables which are required in hardcopy format or electronically stored onto compact disc (CD), shall be sent to the “Place of Delivery”, as specified in Section F.3, via commercial delivery service (e.g. FEDEX, UPS, DHL, etc.)

Due to increased security concerns within the Washington DC area, deliverables sent via US Postal Service can be delayed and, as part of the screening process, may be damaged. For this reason, the US Postal Service should not be used to transmit deliverables.

DTNH22-08-R-00085 “Media Support for National Communications Activities”

SECTION E - INSPECTION AND ACCEPTANCE

E.1 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 clauses may be accessed electronically at this/these address(es):

www.arnet.gov/far.

Clause # Title and Date

52.246-6 Inspection—Time-and-Materials and Labor-Hour (MAY 2001)

DTNH22-08-R-00085 “Media Support for National Communications Activities”

SECTION F - DELIVERIES OR PERFORMANCE

F.1 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 clauses may be accessed electronically at this/these address(es):

www.arnet.gov/far

X 52.242-15 Stop Work Order (AUG 1989) X Alternate I (APR 1984)

X 52.247-35 F.O.B. Destination, Within Consignee's Premises (APR 1984)

F.2 PERIOD OF PERFORMANCE

All work required identified in this contract, including preparation, submission, and review of any and all reports and other deliverables, shall be completed within a Base Period of thirty-six (36) months after the effective date of the contract.

The Government reserves the right to exercise up to two (2) one-year Option Periods. The total of the Base Period and all Option Periods (if exercised) shall not exceed sixty (60) consecutive months. Refer to Section H.1, Option To Extend the Term of The Contract, regarding the exercise of any Option Period.

F.3 MILESTONES/ DELIVERABLES

The following is a list of significant milestones and contract deliverables along with their respective due dates . Deliverables are identified with a “D” as part of their “Item No.”, Milestones are identified with an “M.”

ITEM

NBR DESCRIPTION DUE DATE COMMENTS

1M

Contract Kick-off Meeting

Within seven (7) days of contract award. See Section C.4.7.1

1D Contractor submits first Draft National Communications Plan

Within sixty (60) days following ITEM NBR 1M above. See Section C.4.1

2D Contractor submits first Final National Communications Plan.

Within fourteen (14) days following receipt of COTRs comments on first Draft National Communications Plan

See Section C.4.1

3D Contractor submits subsequent Draft National Communications Plan

No later than September of each contract year. See Section C.4.1

4D Contractor submits subsequent National Communications Plan.

Within fourteen (14) days following receipt of COTRs comments on subsequent National Communications Plan

See Section C.4.1

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5D Contractor submits Monthly Progress Reports

No later than the 20th of the month following the month being reported

See Section C.4.8

6D Contractor submits Communications Tools for use in NHTSA Website

No less than ninety (90) days prior to the date the materials are to be published.

See Section C.4.2.2

7D Contractor submits Final Report on base national buy plus bonus weights

No later than sixty (60) days following date media buy and bonus have first aired.

See Section C.4.3

2M Bi-Annual Conference on communication strategies and tactics.

To take place during calendar year 2008. Exact date to be coordinated with COTR.

See Section C.4.7.2

8D

Contractor submits agenda, supporting materials, workbooks and conference material for Bi-Annual Conference (Milestone 2M above).

Dates to be coordinated with COTR. See Section C.4.7.2.

9D Contractor submits Draft Mobilization Crackdown Report.

Within thirty (30) days of completion of safety belt or impaired driving enforcement in which the contractor was involved.

See Section C.4.8.2.1

3M

COTR reviews and approves/comments on Draft Mobilization Crackdown Report (See 9D) and returns to Contractor.

Within fourteen (14) days of receiving Draft Mobilization Crackdown Report.

See Section C.4.8.2.1

10D Contractor submits Final Mobilization Crackdown Report.

Within fourteen (14) days following receipt of COTR’s comments on Draft report (Milestone 3M).

See Section C.4.8.2.2

11D Contractor submits Draft Contract Final Report

Not less than thirty (30) days prior to the completion date of the contract

See Section C.4.8.3.1

4M

COTR reviews and approves/comments on Draft Contract Final Report (See 11D) and returns to Contractor

Within fourteen (14) days following receipt of Draft Final Report (Deliverable 11D).

See Section C.4.8.3.1

12D Contractor submits Final Contract Final Report

Not less than seven (7) days prior to the completion date of the contract

See Section C.4.8.3.2

13D Contractor submits reports on ad hoc requirements.

Milestones and Deliverables to be specified in modifications effecting ad hoc contract requirements.

See Section C.4.9

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The above referenced deliverables shall be provided to NHTSA in accordance with the following table:

Address ITEM

NBR

COTR (To be identified at time of Contract Award.)

US Department of Transportation National Highway Traffic Safety Administration Office of Communications and Consumer Information Code NPO-500 1200 New Jersey Avenue SE Washington DC 20590 E-Mail Address: (To be identified at time of contract award.)

1D through

13D

Contracting Officer (To be identified at time of Contract Award.)

US Department of Transportation National Highway Traffic Safety Administration Office of Acquisition Management Code NPO-320 1200 New Jersey Avenue SE Washington DC 20590 E-Mail Address: (To be identified at time of contract award.)

5D and

12D

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SECTION G - CONTRACT ADMINISTRATION DATA

G.1 LIMITATIONS OF FUNDS

a. The amount presently available for payment by the Government and allotted to this contract is $ To be filled in at time of award.. It is estimated the allotted amount will cover the period To be filled in at time of award through To be filled in at time of award. The parties contemplate that the Government will allot additional funds incrementally up to the ceiling specified in Section B.3 of this contract. The Contractor agrees to perform, or have performed, work up to the point at which the total amount paid and payable by the Government under the contract approximates but does not exceed the total amount actually allotted by the Government.

b. The Contractor shall notify the Contracting Officer in writing whenever it has reason to believe that the costs it expects to incur under this contract in the next 60 days, when added to all costs previously incurred, will exceed 75 percent of the total amount so far allotted to the contract by the Government. The notice shall state the estimated amount of additional funds required to continue performance for the period specified in Section B.3.

c. Sixty days before the end of the period specified in the B.3., the Contractor shall notify the Contracting Officer in writing of the estimated amount of additional funds, if any, required to continue timely performance under this contract or for any further period specified in Section B.3. or otherwise agreed upon, and when the funds will be required.

d. If, after notification, additional funds are not allotted by the end of the period specified in Section B.3. or another agreed-upon date, upon the Contractor's written request the Contracting Officer will terminate the contract on that date in accordance with the provisions of the Termination clause of this contract. If the Contractor estimates that the funds available will allow it to continue to discharge its obligations beyond that date, it may specify a later date in its request, and the Contracting Officer may terminate the contract on that later date.

e. Except as required by other provisions of this contract, specifically citing and stated to be an exception to this clause-

(1). The Government is not obligated to reimburse the Contractor for costs incurred in excess of the total amount allotted by the Government to this contract; and

(2). The Contractor is not obligated to continue performance under this contract

(including actions under the Termination clause of this contract) or otherwise incur costs in excess of the amount then allotted to the contract by the Government until the Contracting Officer notifies the Contractor in writing that the amount allotted by the Government has been increased and specifies an increased amount, which shall then constitute the total allotted by the Government to this contract.

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f. No notice, communication, or representation in any form other than that specified in subparagraph e.(2). above, or from any other person other than the Contracting Officer, shall affect the amount allotted by the Government to this contract. In the absence of the specified notice, the Government is not obligated to reimburse the Contractor for any costs in excess of the total amount allotted by the Government to this contract, whether incurred during the course of the contract or as a result of termination.

g. When and to the extent that the amount allotted by the Government is increased, any costs the Contractor incurred before the increase that are in excess of the amount previously allotted by the Government shall be allowable to the same extent as if incurred afterward, unless the Contracting Officer issues a termination or other notice and directs that the increase is solely to cover termination or other specified expenses.

h. Change orders shall not be considered an authorization to exceed the estimated cost to the Government specified in the Schedule, unless they contain a statement increasing the estimated cost.

i. Nothing in this clause shall affect the right of the Government to terminate this contract, or the contract in its entirety. If this contract is terminated, the Government and the Contractor shall negotiate an equitable distribution of all property produced or purchased under the contract.

G.2 SUBMISSION OF INVOICES

a. The Contractor shall submit one (1) original Invoice to:

DOT/NHTSA

Mike Monroney Aero Center Accounts Payable Branch, AMZ-150 P.O. Box 268911 Oklahoma City, OK 73126

Invoices must include the following information to be considered fully acceptable:

• Contractor Name

• Contract Number

• Invoice Date

• Invoice Number

• Line Item Numbers, Functional Category names, corresponding hourly rates, and corresponding hours claimed for the period, and extended totals for those functional categories used during the period covered by the invoice as well as totals to date.

• Other direct costs incurred during the billing period.

• Applicable indirect costs.

• Total cost for that specific invoice.

• Total billings to date.

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• Contract Specialist or Contracting Officer Name, Phone Number and Email Address

• Contracting Officer's Technical Representative's (COTR) Name

• Contractor TIN

• Contractor DUNS Number

b. To be acceptable for payment, each invoice must contain the following certifications:

1). The Contractor shall certify that the hours worked and individuals being charged to the Government are correct, and that the dollar amounts invoiced were incurred for the work billed.

2). The COTR will certify that the work was performed during the billing period and that the work is satisfactory.

c. If an invoice does not comply with these requirements, the Contractor will be notified of the defect within 15 days of the receipt of the invoice. Failure to comply with these requirements may lead to delays in invoice processing.

d. Payment Certification: The NHTSA COTR or alternate NHTSA COTR shall review and certify the receipt of all goods and services, as listed on proper invoices, rendered by the Contractor under this Contract.

e. Payment Approval: The NHTSA Contracting Officer or designee (i.e. cognizant

NHTSA Contract Specialist) shall approve all payments made under this resultant Contract as listed on proper invoices. Payments are subject to satisfactory progress and acceptance of the Monthly Progress Reports by the NHTSA COTR.

f. Payment Due Date:

1). Payments under this contract will be due on the 30th calendar day after the later of:

1 The date of actual receipt of a proper invoice in the office designated to receive the invoice, or

2 The date the supplies and/or services are accepted by the Government.

2). The date of the check issued in payment or the date of payment by wire transfer through the Treasury Financial Communications System shall be considered to be date payment is made.

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G.3 METHOD OF PAYMENT BY ELECTRONIC FUNDS TRANSFER

Payments made under this Contract shall be made via Electronic Funds Transfer (EFT).

To facilitate this method of payment, the Contractor shall register in the Central Contractor Registration (CCR) database pursuant to FAR Clause 52.204-7 (OCT 2003), Central Contractor Registration. The Contractor shall remain so registered in the CCR database until final payment is submitted and made.

Additionally, the Contractor shall comply with the requirements of solicitation provision 52.232-38, Submission of Electronic Funds Transfer Information With Offer (MAY 1999), found in full text in Section L, and resultant Contract clause 52.232-33, Payment by Electronic Transfer – Central Contractor Registration, which has been incorporated by reference in Section I, Clauses.

G.4 TRAVEL COSTS

Travel costs shall be reimbursed in accordance with FAR Part 31, as applicable to the Contract, including all appropriate indirect costs allocated in accordance with the Contractor’s usual accounting practices consistent with the FAR.

Costs incurred for lodging, meals and incidental expenses shall be reimbursed only to the extent that they do not exceed on a daily basis the maximum per diem rates in effect at the time of travel as set forth in the Federal Travel Regulations (for travel in the conterminous United States) and the Joint Travel Regulations (for travel in Alaska, Hawaii, Puerto Rico and territories and possessions of the United States). Specific written approval from the NHTSA Contracting Officer must be obtained in advance of any travel to foreign areas.

Non-reimbursed Travel: Travel expenses of any kind incurred for personal convenience between home and Contractor’s business location (or, in the case of subcontractor personnel, home and the subcontractor) will not be reimbursed hereunder. Costs for travel to and from NHTSA Headquarters involving the Contractor or Subcontractor personnel assigned to NHTSA will not be reimbursable under the resultant Contract. Any questions concerning NHTSA travel policy shall be directed to the Contracting Officer before costs are incurred.

NHTSA shall reimburse travel costs in accordance with the cost principles and procedures of FAR Part 31.205-46, Travel Costs as follows:

(a) Travel for such personnel shall be governed by the Federal Travel Regulations, prescribed by the General Services Administration, for travel in the conterminous 48 United States; or

(b) Travel for such personnel shall be governed by the Joint Travel Regulation, Volume 2, DoD Civilian Personnel, Appendix A, prescribe by the Department of Defense (DoD), for travel in Alaska, Hawaii, The Commonwealth of Puerto Rico, and territories and possessions of the United States; or

(c) Travel for such personnel shall be governed by the Standardized Regulations (Government Civilians, Foreign Areas), Section 925, “Maximum Travel Per Diem Allowances For Foreign Areas, prescribed by the Department of State, for travel in areas not covered by (a) and (b), above.

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G.5 CONTRACTING OFFICER'S TECHNICAL REPRESENTATIVE (COTR)

a. The Contracting Officer will designate a technical representative to assist in monitoring the work under this contract. The COTR is responsible for the “technical direction” of the contract and technical liaison with the Contractor.

b. As used herein, “technical direction” is direction to the Contractor which fills in detail, requires pursuit of certain lines of inquiry, or otherwise serves to facilitate the Contractor’s compliance with the Contract. To be valid, such technical direction shall:

1. Be consistent with the work requirements set forth in the Contract.

2. Not constitute a new work assignment, nor change the express terms and conditions or specifications of the Contract; and,

3. Not constitute a basis for any increase in the cost of the Contract, or extension to the delivery schedule of the Contract.

c. The COTR IS NOT AUTHORIZED to change the scope of work or specifications as stated in the contract, to make any commitments or otherwise obligate the Government, or to authorize any changes which affect the contract price, delivery schedule, period of performance or other terms or conditions.

d. The Contracting Officer is the only individual who can legally commit or obligate the

Government for the expenditure of public funds. The technical direction of this contract shall not be construed to authorize the revision of the terms and conditions of this contract. The Contracting Officer will authorize any such revision in writing.

e. In the event any Government Technical Direction is interpreted by the Contractor to fall within the FAR 52.243-3 “Changes---Time-and-Materials or Labor-Hours” clause, the Contractor shall not implement such direction, but shall notify the Contracting Officer in writing of such interpretation within five (5) calendar days after the Contractor’s receipt of such direction. Such notice shall include (1) the reason upon which the Contractor bases its belief that the Technical Direction falls within the purview of the “Changes” clause; and (2) the Contractor’s best estimate as to any revisions to the terms of the Contract necessary to implement the Technical Direction.

f. The official(s) designated below is hereby designated the Contracting Officer’s

Technical Representative (COTR) for this contract:

To be filled in at time of contract award.

G.6 SURVEILLANCE OF SERVICES AND TIME RECORDS

a. The official(s) designated below shall be responsible for appropriate surveillance of

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All services to be performed under this contract. In so doing, such official(s) shall have the right to (1) review for accuracy the Contractor’s time and attendance records of all workers assigned under the contract; (2) make frequent periodic visits to the work site to check on the presence of workers whose time is charged thereto.

To be filled in at time of contract award

When performance is at the Government site, the Contractor’s representative shall contact the Government representative named above upon arrival at and departure from the work site. If access to a security area is required, the designated Government representative will provide continuous escort service for Contractor’s representative.

b. Designation of “Alternate” COTR. In the event that the NHTSA COTR of record is unavailable for a period of time that would jeopardize the timely certification of incoming invoices, then the person indicated below has been designated by the NHTSA Contracting Officer to perform the functions associated with the certification of invoices ordinarily performed by the NHTSA COTR. The “Alternate” COTR shall have no other responsibility under the Contract than to certify invoices in the absence of the NHTSA

COTR.

The official(s) designated below shall be responsible for reviewing and certifying invoices ONLY in the absence of the designated NHTSA COTR:

To be filled in at time of contract award

G.7 TRANSPORTATION ACQUISITION REGULATION (TAR)

CLAUSE 1252.215-73 “Key Personnel” (APR 2005)

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

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

The Key Personnel under this Contract are:

To be filled in at time of contract award

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G.8 CONTRACTOR'S PROJECT MANAGER

a. The Contractor shall appoint a Project Manager who will be the Contractor's authorized supervisor for technical and administrative work performed under this contract. The Project Manager shall provide the single point of contact between the Contractor and the Contracting Officer's Technical Representative (COTR) or other duly authorized representative under this Contract.

b. The Project Manager shall receive and execute, on behalf of the Contractor, such technical assignment directives as the NHTSA COTR or his duly authorized representative may issue within the terms and conditions of this Contract.

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SECTION H SPECIAL CONTRACT REQUIREMENTS

H.1 FAR 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT

(MAR 2000)

a. The Government may extend the term of this contract at anytime during the performance period of the contract provided that the Government gives the contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

b. If the Government exercises an Option Period more than 60 days before the contract expires, then the Government’s unilateral modification which effects the extension shall also serve as written notice.

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 sixty (60) consecutive months.

If the decision is made to extend the contract term of the contract, the Contacting Officer will execute a modification to the contract prior to contract expiration. If the Government exercises its Option Period to extend the term of the contract, the clause entitled "Period of Performance" in Section F.2 of the Schedule, will be modified accordingly to reflect the new contract expiration date, and the total estimated amount of the contract will be modified to reflect the increase resulting from the exercised Option Period.

H.2 FAR 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 sixty (60) days.

H.3 PRINTING

The contractor shall not engage in, nor subcontract for, any printing (as that term is defined in Title I of the Government Printing and Binding Regulations in effect on the effective date of this contract) in connection with the performance of a requirement under the resultant contract involving the duplication of less than 5,000 units of only one page, or less than 25,000 units in the aggregate of multiple pages, such pages not exceeding a maximum image size of 10-3/4 by 14-1/4 inches, will not be deemed to be printing.

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H.4 ELECTRONIC REPORTING REQUIREMENTS FOR PRINTED MATERIALS

Print Materials Guidelines The print materials shall be provided to NHTSA in both camera ready and appropriate media formats (disk, CD-ROM) with graphics and printing specifications to guide NHTSA’s printing office and any outside organization implementing the program. Printing Specifications follow.

a. Digital artwork for printing shall be provided to NHTSA on diskette (100 meg Zip disk or

1GB Jaz disk). Files should be in current desktop design and publication programs, for example, Adobe Illustrator, Adobe Photoshop, Adobe PageMaker, Macromedia Freehand, QuarkXPress. The contractor shall provide all supporting files and fonts (both screen and printers) needed for successful output, black and white laser separations of all pages, disk directory(s) with printing specifications provided to the Government Printing Office (GPO) on GPO Form 952 to guide NHTSA’s printing office, GPO, and any outside organizations assisting with program production. The contractor shall confer with the COTR to verify all media format and language.

b. Additionally, the program materials shall be submitted in the following format for placement on NHTSA’s homepage of the world-wide-web.

Χ Original application format, for example, *pm5; *.doc; *.ppt; etc Χ HTML level 3.2 or later Χ A PDF file for viewing with Adobe Acrobat

c. All HTML deliverables must be delivered on either a standard 3.5" floppy disk or on a Windows 95 compatible formatted Iomega zip disk and labeled with the following information:

Contractor name and phone number Names of relevant files Application program and version used to create the file(s) If the files exceed the capacity of a high density floppy, a Windows 95 compatible formatted

Iomega zip disk is acceptable

d. Graphics must be saved in Graphic Interchange Format (GIF) or Joint Photographic Expert

Group (JPEG). Graphics should be prepared in the smallest size possible, without reducing the usefulness or the readability of the figure on the screen. Use GIF for solid color or black and white images, such as bar charts, maps, or diagrams. Use JPEG (highest resolution and lowest compression) for photographic images having a wider range of color or grayscale tones. When in doubt, try both formats and use the one that gives the best image quality for the smallest file size. Graphic files can be embedded in the body of the text or linked form the body text in their own files: the latter is preferable when a figure needs to be viewed full screen (640 X 480 pixels) to be readable.

• Tabular data must be displayed in HTML table format.

• List data must be displayed in HTML list format.

• Pre-formatted text is not acceptable

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• Currently, frames are not acceptable

• JAVA, if used, must not affect the readability or usefulness of the document, only enhance it

• Table background colors may be used, but must not be relied upon (for example, a white document background with a table with colored background may look nice with white text, but the colored background does not show up on the user’s browser the text will be white against white and unreadable)

• All HTML documents must be saved in PC format and tested on a PC before delivery.

e. During all phases of program development, draft program content and materials shall be provided to the COTR, as appropriate, for approval and coordination within NHTSA. Draft materials shall also be used for program message testing (the method of testing chosen in consultation with and approved by the COTR) to ensure that the content and messages are clear, easily understood and produce the desired effect with intended audiences.

f. All HTML deliverables rendered under this contract must comply with the accessibility standards at 36 CFR 1194.22, which implements Section 508 of the Rehabilitation Act of 1973, as amended. This standard is available for viewing at the Access Board web site at:

http://www.access-board.gov/sec508/guide/1194.22.htm

Unless otherwise indicated, the contractor represents by signature of the contract that all deliverables comply with the Access Board standards.

H.5 CONFIDENTIALITY OF REPORTS AND OTHER DATA

Neither the contractor nor any employee thereof shall divulge to any third party any information obtained from the agency or information concerning work performed, results obtained, or any other information in connection with the resultant contract without the prior written consent of the Contracting Officer.

H.6 NHTSA REVIEW OF ANNOUNCEMENTS OR PUBLISHING

The contractor agrees that neither the contractor, nor any subcontractor, shall make public releases of information or any matter pertaining to the resultant contract, including, but not limited to, advertising in any medium, or presentation before technical, scientific, or industry groups, without the prior written approval of the Contracting Officer. The provisions of this clause shall survive the expiration of the resultant contract. The provisions of this clause shall be included in all subcontracts at any tier.

H.7 GOVERNMENT FURNISHED INFORMATION

Upon contract award, the contractor shall receive the following government furnished information to review prior to the initial kick-off meeting, as a basis for development of the national communications plan:

Calendar of NHTSA led briefings for transition of projects from former contractor.

Television and radio advertisements for all program efforts

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Copies of previous national media buys

Mobilization/Crackdown dates for 2008

Most recent evaluation reports on paid media supporting high visibility enforcement efforts

Current copy of national communications plan and calendar

Copies of all focus group/communication research conducted over the past 3 years.

Briefing papers on all existing media demonstration programs.

H.8. TALENT RIGHTS AND FEES

NHTSA will be the signatory on all talent/property rights of national advertisements developed and/or refreshed during the performance of the contract.