RFP 69056723R000002.pdf

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Attached to
P6 Scheduling Services and Support Federal contract opportunity
Solicitation number
69056723R000002
Issued by
Department of Transportation Federal Highway Administration

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Amendment A002.pdf PDF
QandA_04_26_2023.pdf PDF
Amendment A001.pdf PDF
Attachment 02 SOP_WFL Project Controls-Working.pdf PDF
Attachment 01 TOPR_001 WFLHD 2023 TASK ORDER .pdf PDF
Attachment 03 CFL_SOW DRAFT.pdf PDF
Attachment 04 EFL_SOW DRAFT.pdf PDF

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69056723R000002

SOLICITATION, OFFER AND AWARD

4. TYPE OF SOLICITATION2. CONTRACT NUMBER 3. SOLICITATION NUMBER

7. ISSUED BY CODE 8. ADDRESS OFFER TO (If other than Item 7)

ORDER UNDER DPAS (15 CFR 700)

6. REQUISITION/PURCHASE NUMBER

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

NEGOTIATED (RFP)

SEALED BID (IFB)

5. DATE ISSUED

1. THIS CONTRACT IS A RATED RATING PAGE OF PAGES

1 89

C. E-MAIL ADDRESS

EXT.NUMBERAREA CODE

B. TELEPHONE (NO COLLECT CALLS)A. NAME

10. FOR

INFORMATION

CALL:

CAUTION: LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

(Date)(Hour) local timeuntildepository located in copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if hand carried, in the

SOLICITATION

9. Sealed offers in original and

PART IV - REPRESENTATIONS AND INSTRUCTIONS

OTHER STATEMENTS OF OFFERORS

EVALUATION FACTORS FOR AWARD

INSTRS., CONDS., AND NOTICES TO OFFERORS

REPRESENTATIONS, CERTIFICATIONS AND

LIST OF ATTACHMENTS

CONTRACT CLAUSES

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.

I

J

K

L

M SPECIAL CONTRACT REQUIREMENTS

CONTRACT ADMINISTRATION DATA

DELIVERIES OR PERFORMANCE

INSPECTION AND ACCEPTANCE

PACKAGING AND MARKING

DESCRIPTION/SPECS./WORK STATEMENT

SUPPLIES OR SERVICES AND PRICES/COSTS

SOLICITATION/CONTRACT FORM

PART II - CONTRACT CLAUSESPART I - THE SCHEDULE

H

G

F

E

D

C

B

A

SEC. DESCRIPTION PAGE(S) (X) DESCRIPTION SEC. (X)

11. TABLE OF CONTENTS

18. OFFER DATE17. SIGNATURE

SUCH ADDRESS IN SCHEDULE.

IS DIFFERENT FROM ABOVE - ENTER

15C. CHECK IF REMITTANCE ADDRESS

EXT.NUMBERAREA CODE

15B. TELEPHONE NUMBER

(Type or print)AND

ADDRESS

OF

OFFEROR

CODE

FACILITY

16. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER15A. NAME

DATEAMENDMENT NO.DATEAMENDMENT NO.

and related documents numbered and dated):

amendments to the SOLICITATION for offerors

(The offeror acknowledges receipt of

14. ACKNOWLEDGEMENT OF AMENDMENTS

CALENDAR DAYS (%)30 CALENDAR DAYS (%)20 CALENDAR DAYS (%)10 CALENDAR DAYS (%)

(See Section I, Clause No. 52.232.8)

13. DISCOUNT FOR PROMPT PAYMENT

designated point(s), within the time specified in the schedule.

by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

OFFER (Must be fully completed by offeror)

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

28. AWARD DATE

(Signature of Contracting Officer)

27. UNITED STATES OF AMERICA

25. PAYMENT WILL BE MADE BY

26. NAME OF CONTRACTING OFFICER (Type or print)

CODE 24. ADMINISTERED BY (If other than Item 7)

ITEM

(4 copies unless otherwise specified)

23. SUBMIT INVOICES TO ADDRESS SHOWN IN

41 U.S.C. 253 (c) ( 10 U.S.C. 2304 (c) (

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:

21. ACCOUNTING AND APPROPRIATION20. AMOUNT19. ACCEPTED AS TO ITEMS NUMBERED

AWARD (To be completed by government)

CODE

04/04/2023 X

690567

Federal Highway Administration

FHWA WESTERN FED LANDS DIVISION

610 E FIFTH STREET

Vancouver WA 98661

See Section L

1400 PT 05/04/2023

Western Federal Lands Highway Division

X

X

X

X

X

X

X

X

X

X

X

X

X

PAGE(S)

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition is unusable

STANDARD FORM 33 (Rev. 9-97)

Prescribed by GSA - FAR (48 CFR) 53.214(c)

12. In compliance with the above, the undersigned agrees, if this offer is accepted within _____60_________ calendar days (60 calendar days unless a different period is inserted wfl.contracts@dot.gov360 619-7520

SECTION B – SCHEDULE OF ITEMS

B.1 ID/IQ MINIMUM AND MAXIMUM CONTRACT AMOUNTS

This is an Indefinite Delivery/Indefinite Quantity (IDIQ) Contract utilizing Firm-Fixed Price

(FFP) and Time-and-Materials (T&M)/Labor Hour task orders in accordance with FAR 16.500.

During the term of the contract, the Government shall place orders totaling a minimum of

$50,000 which is anticipated to be satisfied with the award of the first Task Order. The maximum amount of all task orders issued against the awarded IDIQ Contract as a result of this acquisition shall not exceed a ceiling of $13,440,000.

B.2 5-YEAR RATE TABLE

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

EFL = Eastern Federal Lands Highway Division office in Ashburn, VA.

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

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

Complete tables below by inserting the fully burdened hourly rates:

Off-Site

(Remote Work)

TOTAL

AMOUNT

Line

Item Description Unit

Estimated

Hours

Burdened

Unit Rate

Estimated

Hours

Burdened

Unit Rate

Estimated

Hours

Burdened

Unit Rate

Burdened

Unit Rate

1 Senior Project Controls Analyst HR 1950 0 1950

2 Project Controls Analyst HR 1950 2020 1950

3 Primavera Specialist HR 160 30 160

Business Intelligence (BI)

Report Developer

HR 160 15 160

Off-Site

(Remote Work)

TOTAL

AMOUNT

Line

Item Description Unit

Estimated

Hours

Burdened

Unit Rate

Estimated

Hours

Burdened

Unit Rate

Estimated

Hours

Burdened

Unit Rate

Burdened

Unit Rate

1 Senior Project Controls Analyst HR 1950 0 1950

2 Project Controls Analyst HR 1950 2020 1950

3 Primavera Specialist HR 160 30 160

Business Intelligence (BI)

Report Developer

HR 160 15 160

* Primavera Specialist and BI Report Developer will only work off-site and will be a shared resource for the Division Task Orders. Estimated hours will be finalized in the Division Task Orders. Division Task Orders will identify the specific work requirements that must be performed on-

* Primavera Specialist and BI Report Developer will only work off-site and will be a shared resource for the Division Task Orders. Estimated hours will be finalized in the Division Task Orders. Division Task Orders will identify the specific work requirements that must be performed on-

Year 1 (July 1, 2023 through June 30, 2024)*

Year 2 (July, 2024 through June 30, 2025)*

EFL

(Ashburn, VA)

CFL

(Lakewood, CO)

WFL

(Vancouver, WA)

EFL

(Ashburn, VA)

CFL

(Lakewood, CO)

WFL

(Vancouver, WA)

OPTION

YEARS

TOTAL YEARLY

PROPOSED AMOUNT

TOTAL

PROPOSED

AMOUNT

Pricing Notes:

• The pricing entered above will be used for evaluation purposes and will be incorporated into the contract for use on future Task Orders.

Off-Site

(Remote Work)

TOTAL

AMOUNT

Line

Item Description Unit

Estimated

Hours

Burdened

Unit Rate

Estimated

Hours

Burdened

Unit Rate

Estimated

Hours

Burdened

Unit Rate

Burdened

Unit Rate

1 Senior Project Controls Analyst HR 1950 0 1950

2 Project Controls Analyst HR 1950 2020 1950

3 Primavera Specialist HR 160 30 160

Business Intelligence (BI)

Report Developer

HR 160 15 160

Off-Site

(Remote Work)

TOTAL

AMOUNT

Line

Item Description Unit

Estimated

Hours

Burdened

Unit Rate

Estimated

Hours

Burdened

Unit Rate

Estimated

Hours

Burdened

Unit Rate

Burdened

Unit Rate

1 Senior Project Controls Analyst HR 1950 0 1950

2 Project Controls Analyst HR 1950 2020 1950

3 Primavera Specialist HR 160 30 160

Business Intelligence (BI)

Report Developer

HR 160 15 160

Off-Site

(Remote Work)

TOTAL

AMOUNT

Line

Item Description Unit

Estimated

Hours

Burdened

Unit Rate

Estimated

Hours

Burdened

Unit Rate

Estimated

Hours

Burdened

Unit Rate

Burdened

Unit Rate

1 Senior Project Controls Analyst HR 1950 0 1950

2 Project Controls Analyst HR 1950 2020 1950

3 Primavera Specialist HR 160 30 160

Business Intelligence (BI)

Report Developer

HR 160 15 160

* Primavera Specialist and BI Report Developer will only work off-site and will be a shared resource for the Division Task Orders. Estimated hours will be finalized in the Division Task Orders. Division Task Orders will identify the specific work requirements that must be performed on-

* Primavera Specialist and BI Report Developer will only work off-site and will be a shared resource for the Division Task Orders. Estimated hours will be finalized in the Division Task Orders. Division Task Orders will identify the specific work requirements that must be performed on-

Year 3 (July 1, 2025 through June 30, 2026)*

EFL

(Ashburn, VA)

CFL

(Lakewood, CO)

WFL

(Vancouver, WA)

* Primavera Specialist and BI Report Developer will only work off-site and will be a shared resource for the Division Task Orders. Estimated hours will be finalized in the Division Task Orders. Division Task Orders will identify the specific work requirements that must be performed on-

Year 4 (July 1, 2026 through June 30, 2027)*

Year 5 (July 1, 2027 through June 30, 2028)*

EFL

(Ashburn, VA)

CFL

(Lakewood, CO)

WFL

(Vancouver, WA)

EFL

(Ashburn, VA)

CFL

(Lakewood, CO)

WFL

(Vancouver, WA)

• Estimated hours will be used for Price evaluation to establish total IDIQ Price.

• Offerors are encouraged to review the draft division Task Orders for the division specific

Task Order requirements.

• Once this IDIQ Ordering document is awarded, the individual divisions will initiate the solicitation and award of the Task Orders for work.

• Contract Manager hours and rate are incidental to the labor categories above.

END OF SECTION B

SECTION C – DESCRIPTION/SPECIFICATIONS

C.1 BACKGROUND

The Federal Highway Administration (FHWA), Federal Lands Highway Division (FLH) uses

Oracle’s Primavera Enterprise (P6) project management software, v18.8.25, for program management, multi-project resource and activity scheduling, earned value, reporting and workload analysis. The three FLH divisions are planning to upgrade P6 to v21.12 prior to the start of this contract. This Indefinite Delivery, Indefinite Quantity (IDIQ) contract is for the administration of P6, including updates to existing projects, input of new projects, maintenance of historical project data, generate and distribute project information, analyze and explain performance measures, perform resource workload analysis, provide user support on an ongoing basis, assist and analyze impacts for updates to the P6 software as needed, and write reports in both P6 client and P6 Business Intelligence (BI). This also includes participation in project status update meetings, management of resource pool data, incorporation of actual time charged to activities from time and attendance records, updating or modifying report structures from system output, regularly assessing system operation and implement process improvements that are desired by the users, performing system updates as needed, providing higher tier support on P6, and providing technical guidance and assistance to the users in operation of the system.

Currently, the EFL, CFL, and WFL use P6 on a single, on-prem instance located at FHWA

Headquarters in Washington, DC.

C.2 OBJECTIVE

The object of this contract is to provide professional support services for the FLH’s division office program and project scheduling needs. This contract will result in a (1) one base year and

(4) four option years Indefinite Delivery, Indefinite Quantity (IDIQ) contract for these services.

The services will be provided at three separate locations in the United States: CFL in Lakewood, CO; WFL in Vancouver, WA; and EFL in Ashburn, VA. As Task Orders are issued, full-time staff may be required at the three different locations. Contractor must be able to staff these locations. The requirements at each location are different and will be described in the individual

Task Orders (TOs).

C.3 CONTRACT SCOPE

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

The division Task Orders will determine specific tasks for each division in this IDIQ, along with any additional requirements for these tasks.

General scope tasks to be allowed under this contract:

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

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

3. Staff and Team Support: Provide bi-weekly support of P6 timesheets (utilizing Team

Member), attend and participate in monthly project status meetings, provide support to

Project Controls Teams, and provide support and training to staff related to P6. Provide schedule and resource support for functional managers and project managers.

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

5. Provide expert assistance in how best to integrate work processes across division while maintaining the need for each division to follow process and procedures that are unique to each office.

6. Follow requirements, duties and reporting as shown in the division’s P6 Standard

Operating Procedures (SOP), including updating the division SOPs when changes are made for processes and procedures.

C.4 MINIMUM REQUIREMENTS BY LABOR CATEGORY

Contract Manager

Description: Manages this all of the divisional Senior Project Control Analyst (SPCA), Project

Control Analyst (PCA), Primavera, BI Report Developer and administers the IDIQ contract and division TOs.

Requirements:

• Minimum of seven years scheduling experience in the engineering, construction, or public works fields, with at least five of those using Primavera P6.

• Understanding and experience with scheduling at both the program and project level, supporting all project phases.

• Understanding and experience with Primavera Team Member, P6 EPPM, P6 Client, Primavera BI.

• Hands-on schedule experience employing the following concepts: portfolio management, critical path method (CPM) scheduling, earned value, float analysis, leading indicators, schedule variance analysis, resource loading, WBS development, progress measurement percent complete, schedule organization, and planning.

• Minimum of five years of managing scheduling services contract(s).

• Manage contract personnel training and training manuals so that all contract personnel have the understanding and ability to use and resolve a majority of user questions associated with P6 Client (PPM), P6 Web (EPPM), and P6 Team Member.

• Coordinate with division COR on general work load sharing between federal and contract

Project Control Analysts.

• Oversee the management and the contract employee’s updates to the division’s P6

Standard Operating Procedures (SOP) as processes and procedure are changed during the duration of the contract.

Senior Project Controls Analysist (SPCA)

Description: Administer the division’s multi-project scheduling system, Primavera P6

• Minimum of five years scheduling experience in the engineering, construction, or public works fields, using Oracle Primavera PPM (client), or a minimum of three years of

Oracle Primavera PPM scheduling experience at a Federal Lands Highway division.

• Understanding and experience with scheduling at both the program and project level supporting all project phases.

• Understanding and experience with Oracle Primavera EPPM (web) and Team Member.

• Hands-on schedule experience employing the following concepts: critical path method

(CPM) scheduling, float analysis, leading indicators, schedule variance analysis, resource loading, WBS development, progress measurement percent complete, schedule organization, and planning.

• Ability to communicate well and work effectively with a diverse group of users.

• Understanding and experience reporting P6 data to laborer, managers and leadership groups.

Project Controls Analysist (PCA)

Description: Administer the division’s multi-project scheduling system, Primavera P6

• Minimum of two years scheduling experience in the engineering, construction, or public works fields, using Oracle Primavera PPM (client), or a minimum of one year Oracle

Primavera PPM scheduling experience at a Federal Lands Highway division.

• Understanding and experience with scheduling at both the program and project level supporting all project phases.

• Hands-on schedule experience employing the following concepts: critical path method

(CPM) scheduling, float analysis, leading indicators, schedule variance analysis, resource loading, WBS development, progress measurement percent complete, schedule organization, and planning.

• Ability to communicate well and work effectively with a diverse group of users.

Primavera Specialist

Description: Provide expertise related to Primavera software, error and issue resolution, P6 software update expertise, and P6 software “best practices”.

• Minimum of ten years scheduling experience using Primavera. Provide advice, guidance and training related to the implementation and use of Primavera software and other associated products.

• Provide expertise related to project management processes in an enterprise environment.

Assist with implementation of software upgrades and migrations, including providing expertise and coordination on server and network infrastructure, creating or assisting in creating test environments, assisting with installation and configuration of updated software, migrating data for configuration and testing and for going live, troubleshooting, and any additional items involved with a Primavera upgrade, as needed.

• Provide advice, guidance and training related to the implementation (P6 configurations, settings, best management practices, etc.) and use of Primavera software and other associated products.

• Perform quality assurance reviews on a periodic basis to ensure that FLH is following best management practices, and validate that division P6 Standard Operating Procedures

(SOP) are processes and procedures are updated and meet best management practices for the P6 systems, as needed.

• Ability to integrate other system data with P6 data. This consists of setting up integration tools (typically utilizing SQL) to adjust labor rates, populate data fields, and reporting.

• The Primavera Specialist cannot share roles with a Project Controls Analyst or a Senior

Project Controls Analyst.

Business Intelligence (BI) Report Developer

Description: Create and manage custom reports in Primavera BI.

• Minimum of three years report writing experience using Primavera BI.

• Create, test, maintain and manage various reports in Primavera BI.

• Create, test, maintain and manage reporting that uses P6 data to create reports in

Windows Power BI.

• The BI Report Developer cannot share roles with a Project Controls Analyst or a Senior

Project Controls Analyst.

C.5 TRANSITIONS

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

1. Furnish any required phase-in training, i.e. review and prepare personnel on how to follow the division’s P6 Standard Operating Procedures (SOP).

2. Exercise its best efforts and cooperation to affect an orderly and efficient transition. This includes working with the incumbent contractor to help hand-off services and ensure a seamless transition.

3. Exercise its best efforts to maintain existing division contract staff, with coordination of the Task Order CO and COR.

Additionally, at the end of the contract, the Contractor agrees to exercise its best efforts and cooperation to affect an orderly and efficient transition. This includes working with the new contractor to help hand-off services and ensure a seamless transition.

END OF SECTION C

SECTION D – PACKAGING AND MARKING

D.1 PACKAGING

Preservation, packing, and packaging of items for shipment shall be in accordance with best commercial practices and adequate for acceptance by common carrier for safe transportation at the most economical rates.

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

END OF SECTION D

SECTION E – INSPECTION AND ACCEPTANCE

E.1 RESPONSIBILITY & ACCEPTANCE

The Contracting Officer (CO) has the authority to enter into, administer, and/or terminate contracts and make related determinations and findings. The CO may authorize certain representatives (Contracting Officer’s Representative, or COR) to act within the limits of their authority as delegated by the CO letter for delegation of authority. See Transportation

Acquisition Regulation (TAR) Clause 1252.242-73, Section G.

The COR is responsible for the performance of inspections of deliverables upon receipt by the

Government and/or evaluations of services completed to date, documentation of inspection/evaluation, and providing the Contractor with copies of inspection/evaluation reports.

E.2 GOVERNMENT ACCEPTANCE PERIOD

Unless stated elsewhere in each task order, the COR will have 7 calendar days to review draft deliverables and make comments. The Contractor shall have 7 calendar days to make corrections and return the corrected deliverable to the government. Upon receipt of the final deliverables, the

COR will have 7 calendar days for final review prior to acceptance or providing documented reasons for non-acceptance.

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

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

END OF SECTION E

SECTION F – DELIVERIES OR PERFORMANCE

F.1 PERIOD OF PERFORMANCE (IDIQ)

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

F.2 DELIVERABLE/DELIVERY SUMMARY (IDIQ)

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

F.3 PLACE OF DELIVERY

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

The work will take place in the WFL (Vancouver, WA), CFL (Lakewood, CO), EFL, (Ashburn, VA), and Headquarters (Washington, D.C.) and/or remotely, based on requirements of the Division TOs. All deliverables shall be provided to the COR that is appointed for each individual Task Order and at that respective office.

Task Orders may identify specific task deliverables and standards required in the performance of each order. Deliverables may range in a variety of formats and types consistent with the task areas described in Section C. All documents shall be delivered electronically using Microsoft

Office suite of tools (i.e. WORD, EXCEL, POWERPOINT, PROJECT or ACCESS format), unless otherwise specified by the COR. Submission shall be made via email, unless otherwise agreed to by the COR.

F.4 PLACE OF PERFORMANCE (TASK ORDER SPECIFIC)

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

F.5 MINIMUM REQUIREMENTS FOR MATERIALS TO BE POSTED ON FHWA

WEBSITES

All web-based deliverables shall conform to the Minimum Requirements for FHWA Web Pages and be compatible with the current FHWA web platform of Adobe ColdFusion (version 10 compatible) and Microsoft SQL (server 2012 or higher compatible). Deliverables will be evaluated for Section 508 compliance, including graceful degradation when JavaScript is disabled and color contrast tests. Deliverables shall meet W3C coding standards

(http://www.w3.org/), FHWA coding standards, and conform to DOT Secure Web Application standards to prevent cross-site scripting (XSS) and SQL Injection.

F.6 APPLICABLE CLAUSES

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)

END OF SECTION F

SECTION G – CONTRACT ADMINISTRATION DATA

G.1 PAYMENT- (IDIQ)

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

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

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

G.2 TRAVEL AND PER DIEM

Travel (other than local) may be expected to occur throughout the duration of the contract. The

COR will issue the written request for travel if required (excluding local travel).

The Contractor shall invoice in accordance with FAR 31.205-46, Travel Costs, and Federal

Travel Regulations, and must submit documentation of all travel costs.

Travel requirements under this contract shall be met using the most economical form of transportation available. All travel shall be scheduled sufficiently in advance to take advantage of offered discount rates, unless authorized by the Contracting Officer.

The following web site provides information on current Per Diem rates:

https://www.gsa.gov/travel/plan-book/per-diem-rates?gsaredirect=portalcategory

G.3 INVOICES

Invoices

ELECTRONIC SUBMISSION OF PAYMENT REQUESTS

Definitions. As used in this clause—

Contract financing payment has the meaning given in FAR 32.001.

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.

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.

Invoice payment has the meaning given in FAR 32.001.

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.

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

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:

Invoice number and invoice date.

Period of performance covered by invoice.

Contract number and title.

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

Amount billed (by CLIN), current and cumulative.

Total ($) of billing.

Cumulative total billed for all contract work to date.

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.

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.

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/

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.

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

FHWA’s agency POC may be contacted at HCFA-10@dot.gov.

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

https://einvoice.esc.gov/

Call Delphi Help Desk at 1-866-641-3500, option #4, then option #3

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

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

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

Account Management

If a user ID becomes inactive/times out due no activity by the POC, the Vendor shall contact

HCFA-10@dot.gov with the full name, title, phone number, e-mail address, and user ID of the

POC to be reactivated. To prevent being timed out due to no-activity, users should login once within 45 days of their last login.

Waivers

The Department of Transportation Financial Management officials may, on a case by case basis, waive the requirement to register and use the DELPHI eInvoicing System. Waiver request forms can be obtained on the DELPHI eInvoicing website (http://www.dot.gov/cfo/delphi-einvoicing-system.html) or by contacting the COR. All Vendors must explain why they are unable to use or access the Internet to register and enter payment requests.

All waiver requests shall be sent via mail to:

Director of the Office of Financial Management US Department of Transportation, B-30

Office of Financial Management, Room W93-431 1200 New Jersey Avenue SE

Washington DC 20590-0001 or electronically to: DOTeInvoicing@dot.gov

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

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

Federal Highway Administration Invoice Processing

P.O. Box 268865

Oklahoma City, OK 73126-8865

Attention: (Fill-in Name of Contract Specialist)

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

FHWA/AMZ-150

6500 MacArthur Blvd. Oklahoma City, OK 73169

Attention: (Accounting Technician)

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

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

Final Invoices

For firm-fixed-price (FFP) contracts where supplies are delivered or services are performed, the final invoice is not subject to further contract settlement actions between the Government and the

Contractor.

For non-FFP contracts, further contract settlement actions may exist where final invoices are not to be submitted yet until these contract settlement actions are resolved. For these contracts, the

Contracting Officer will process final invoices as a routine part of the closeout process. When requested, the Contractor shall submit the final invoice directly to the Contracting Officer/

Contract Specialist along with the final closeout documents. When the final invoice is ready for payment, the Contracting Officer will inform the Contractor that the final invoice can be submitted through the iSupplier system.

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:

1. 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;

2. Provision of information to the Contractor that assists in the interpretation of drawings, specifications or technical portions of the work description; and,

3. Review and approval/rejection of technical reports, drawings, specifications and technical information to be delivered by the Contractor.

All Technical Direction must be within the general scope of work stated in the contract. The

COR does not have the authority to and may not issue any Technical Direction that:

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

2. constitutes a change as defines in the base contract clause entitled “Changes”;

3. in any manner causes an increase or decrease in prices set forth in Section B; or,

4. changes any of the expressed terms, conditions or specifications of the contract.

All Technical Direction must be issued in writing, or shall be confirmed in writing by the COR within 3 working days after issuance. The Contractor shall proceed promptly with the performance of duly issued Technical Directions. However, if in the opinion of the Contractor, the direction issued but the COR is within one of the prescribed categories in (i) through (vi) above, the Contractor shall not proceed, but shall notify the Contracting Officer in writing, within 3 working days after receipt of any such direction. The Contracting Officer will determine if the Technical Direction is proper, or if a contract modification would be required to properly implement the direction. Failure of the parties to agree upon the nature of the direction or upon the contract action to be taken with respect thereto shall be subject to the clause included in Section I entitled “Disputes”.

G5. CONTRACTING OFFICER’S REPRESENTATIVE (COR)

1. The Contracting Officer is the only individual authorized to enter into or terminate this contract, modify any term or condition of this contract, waive any requirement of this contract, or accept nonconforming work delivered under this contract.

2. The Contracting Officer shall designate a Contracting Officer’s Representative (COR) by written notice to the Contractor. The COR’s responsibilities shall include technical monitoring of the Contractor’s performance and inspecting and accepting deliveries under the contract.

3. The COR shall be appointed in writing, at which time ALL of the responsibilities of the

COR shall be detailed, and a copy of the appointment memorandum shall be furnished to the Contractor. Any changes to the COR delegation shall be made in writing, either by changes to the existing memorandum, or by issuance of a new appointment memorandum. Copies of any changes shall be provided to the Contractor.

4. The COR is not authorized to perform, formally or informally, any of the following actions:

a. Promise, award, agree to award, or execute any contract, contract modification, or notice of intent that changes or may change this contract;

b. Waive or agree to any modification of the delivery schedule;

c. Make any final decision on any contract matter subject to the Disputes Clause;

d. Terminate, for any reason, the Contractor’s right to proceed, or issue any order causing the Contractor to stop work; or

e. Obligate in any way, the payment of money by the Government.

5. The Contractor shall comply with the written or oral direction of the Contracting Officer or authorized representative(s) acting within the scope and authority of the appointment memorandum. The Contractor need not proceed with direction that it considers to have been issued without proper authority. The Contractor shall notify the Contracting Officer in writing, with as much detail as possible, when the COR has taken an action or has issued direction (written or oral) that the Contractor considers to exceed the COR’s appointment, within 3 days of the occurrence. Unless otherwise provided in this contract, the Contractor assumes all costs, risks, liabilities, and consequences of performing any work it is directed to perform that falls within any of the categories defined in paragraph

4 prior to receipt of the Contracting Officer’s response issued under paragraph 4 of this clause.

6. The Contracting Officer shall respond in writing within 30 days to any notice made under paragraph 5 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.

7. The Contractor shall provide copies of all correspondence to the Contracting Officer and the COR.

8. Any action(s) taken by the Contractor, in response to any direction given by any person acting on behalf of the Government or any Government official other than the

Contracting Officer or the COR acting within his or her appointment, shall be at the

Contractor’s risk.

G.6 CONTRACTOR SUPERVISION

The contractor shall provide total supervision of its staff. Government personnel are not authorized or permitted to supervise any contractor personnel. The contractor's Project Manager for this contract is [Fill-in at Award], who shall communicate with the COR to determine the

Government's work requirements as set forth in the Statement of Work on the Task Order and shall assure that these requirements are fulfilled. In the event the designated Project Manager is incapacitated due to illness or injury, or otherwise is to be removed by the Contractor during the contract performance, replacement of the incumbent Project Manager shall be subject to the approval of the CO.

G.7 AGENCY TASK ORDER OMBUDSMAN

52.216-32 Task-Order and Delivery-Order Ombudsman (Sept 2019)

(a) In accordance with 41 U.S.C. 4106(g), the Agency has designated the following task-order and delivery-order Ombudsman for this contract. The Ombudsman must review complaints from the Contractor concerning all task-order and delivery-order actions for this contract and ensure the Contractor is afforded a fair opportunity for consideration in the award of orders, consistent with the procedures in the contract.

United States Department of Transportation

Federal Highway Administration

1200 New Jersey Avenue, SE

Washington, DC 20590

Location: E65-101

Attention: Ombudsman

(b) Consulting an ombudsman does not alter or postpone the timeline for any other process

(e.g., protests).

(c) Before consulting with the Ombudsman, the Contractor is encouraged to first address complaints with the Contracting Officer for resolution. When requested by the Contractor, the

Ombudsman may keep the identity of the concerned party or entity confidential, unless prohibited by law or agency procedure.

G.8 TASK ORDER PROCEDURES

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

TOs shall be issued in accordance with FAR 52.216-18, 52.216-19, and 52.216-22 (See Section

I). In addition:

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

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

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

4. FHWA Contracting Officers will issue Task Order Proposal Requests (TOPRs) electronically. Each TOPR will indicate the objective or results required by the

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

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

a. A discussion of the task order objective demonstrating the Contractor’s understanding of the required outcome.

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

c. A performance schedule that provides the following information:

i. Planned accomplishments/milestones

ii. Anticipated problems or challenges

iii. Planned solutions to anticipated problems or challenges

d. Qualifications of the proposed staff, including any proposed subject matter expert consultants.

e. A detailed price proposal, including:

i. Proposed level of effort and labor categories,

ii. The corresponding labor rates,

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

6. Task Order Conflicts of Interest: The Offerors shall provide a brief statement in each task order proposal that describes in a concise manner all past, present or planned organizational, contractual or other interest(s), which may affect the Offeror’s ability to perform the proposed task order in an impartial and objective manner. The Contracting

Officer will review the statement and may require additional relevant information from the Offerors. In accordance with FAR Subpart 9.5, all such information, and any other relevant information known to DOT, will be used to determine whether an award to the

Offerors may create an actual or potential conflict of interest. If any such conflict of interest is found to exist, the Contracting Officer may:

a. disqualify the Offerors, or

b. determine that it is otherwise in the best interest of the United States to contract with the Offerors and include appropriate provisions to mitigate or avoid such conflict in the contract awarded.

7. Proposals shall be delivered, on or before the due date, to the Contract Specialist at the following email addresses: Attn: [Fill-in at Award]

8. The Contracting Officer my require clarifications and discussion on any concerns and question pertaining to the Offerors written task order.

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

a. Name and signature of Contracting Officer

b. Task Order Number and Contract Number

c. Effective Date of Task Order

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

e. Period of Performance

f. Total Amount of Task Order

g. Accounting Data

h. Reporting Requirements

i. Work Plan

j. Key Personnel

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

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

G.9 WORK PERFORMANCE HOURS

Working hours shall generally be from 8:00am to 4:30pm local time including lunch, Monday through Friday, exclusive of Federal holidays, unless otherwise requested or approved by the

COR. Work hours for Contractor personnel shall not exceed 80 during each two week pay period unless authorized in accordance with FAR 52.222-2 (See Section I). If vacation time or sick leave of an employee is expected to exceed 10 consecutive working days, a replacement shall be provided.

G.10 FEDERAL HOLIDAYS AND CLOSURES

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

• 1st day of January - New Years’ Day;

• 3rd Monday of January - Martin Luther King, Jr. Day;

• 3rd Monday of February - Presidents' Day;

• Last Monday of May - Memorial Day;

• 19th day of June – Juneteenth National Independence Day;

• 4th day of July - Independence Day;

• 1st Monday of September - Labor Day;

• 2nd Monday of October - Columbus Day;

• 11th day of November – Veterans’ Day;

• 4th Thursday of November - Thanksgiving Day;

• 25th day of December - Christmas Day;

If a holiday occurs on a Saturday, the preceding Friday is also a Federal holiday. If a holiday occurs on a Sunday, the Monday following is also a Federal holiday.

Government closures may occur during the contract performance period as a result of Executive

Order, Office of Personnel Management direction or other form of Federal proclamation. These closures are often due to inclement weather, potentially hazardous conditions, declared holidays by the Congress or the President that are not listed above, or other special circumstances.

Closures or delays of this nature during the performance period do not entitle the Contractor to additional compensation or to an automatic period of performance extension.

G.11 RESTRICTIONS AND STANDARDS OF CONDUCT (ALL TYPES WITH

PERFORMANCE AT FHWA FACILITY)

The Contractor's employees shall conduct only business covered by this contract during periods paid for by the FHWA and shall not conduct any other business on Government premises.

Contractor personnel shall abide by the normal rules and regulations applicable to the FHWA premises, including any applicable safety and security regulations.

G.12 LIABILITY

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

G.13 VEHICULAR AND GENERAL PUBLIC LIABILITY INSURANCE

1. 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.

2. 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.

3. 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:

a. Bodily Injury of not less than $1,000,000 for each person and $2,000,000 for each occurrence; and

b. Property damage of not less than $200,000 for each accident.

4. The U.S. Department of Transportation- Federal Highway Administration shall be listed as an

Additional Insured Party of any policy obtained under this contract.

5. The Contractor shall notify the Contracting Officer (CO) in writing that the required insurance has been obtained and shall furnish a copy of any policies to the CO. The policies evidencing required insurance shall contain an endorsement to the effect that any cancellation or any material change adversely affecting the interests of the Government shall not be effective until

30 days after written notice has been provided to the CO. The policies shall exclude any claim by the insurer for subrogation against the Government by reason of any payment under the policies.

G.14 TASK ORDER CONTRACTING OFFICER’S REPRESENTATIVE

1. The Contracting Officer is the only individual authorized to enter into or terminate this contract, modify any term or condition of this contract, waive any requirement of this contract, or accept nonconforming work delivered under this contract.

2. The Contracting Officer shall designate a Contracting Officer’s Representative (COR) by written notice to the Contractor. The COR’s responsibilities shall include technical monitoring of the Contractor’s performance on the overall contract award and inspecting and accepting deliveries under the contract. The COR shall be appointed in writing, at which time ALL of the responsibilities of the COR shall be detailed, and a copy of the appointment memorandum shall be furnished to the Contractor.

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