RFP 693JJ322R000017.pdf

SOLICITATION, OFFER AND AWARD

1. THIS CONTRACT IS NOT A RATED ORDER

UNDER DPAS (15 CFR 700)

RATING PAGE OF PAGES

1 | 72

2. CONTRACT NUMBER 3. SOLICITATION NUMBER

693JJ322R000017

4. TYPE OF SOLICITATION

SEALED BID (IFB)

X NEGOTIATED (RFP)

5. DATE ISSUED

06/29/2022

6. REQUISITION/PURCHASE NO.

HIF220029PR

7. ISSUED BY CODE HCFA-22 8. ADDRESS OFFER TO (If other than Item 7)

Federal Highway Administration

Office of Acquisition Management

1200 New Jersey Ave. S.E. Rm E62-204

Washington, DC 20590

ATTN: Tamiko Aikens

Email: Tamiko.Aikens@dot.gov

NOTE: In sealed bid solicitations “offer” and “offeror” mean “bid” and “bidder”

SOLICITATION

9. Offers for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8 until JULY 29, 2022 EST, 12:00 pm.

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. THIS PROCUREMENT IS ISSUED USING FULL AND OPEN COMPETITION.

THIS IS A FULL AND OPEN COMPETITION REQUIREMENT

10. FOR A. NAME B. TELEPHONE (NO COLLECT CALLS) C. E-MAIL ADDRESS

INFORMATION

CALL:

Primary Contact: Tamiko Aikens

Secondary Contact: Robert Brown

AREA CODE

NUMBER

366-3092

366-9298

EXT. Tamiko.Aikens@dot.gov.

Robert.P.Brown@dot.gov.

11. TABLE OF CONTENTS

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

PART I - THE SCHEDULE PART II - CONTRACT CLAUSES

X A SOLICITATION/CONTRACT FORM 1 X I CONTRACT CLAUSES 40

X B SUPPLIES OR SERVICES AND PRICE/COST 2 PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.

X C DESCRIPTION/SPECS./WORK STATEMENT 3 X J LIST OF ATTACHMENTS 48

X D PACKAGING AND MARKING 10 PART IV - REPRESENTATIONS AND INSTRUCTIONS

X E INSPECTION AND ACCEPTANCE 11 X K REPRESENTATIONS, CERTIFICATIONS 49

X F DELIVERIES OR PERFORMANCE 12 AND OTHER STATEMENTS OF OFFERORS

X G CONTRACT ADMINISTRATION DATA 14 X L INSTRS., CONDS., AND NOTICES TO OFFERORS 58

X H SPECIAL CONTRACT REQUIREMENTS 26 X M EVALUATION FACTORS FOR AWARD 67

OFFER (Must be fully completed by offeror) NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

12. In compliance with the above, the undersigned agrees, if this offer is accepted within 120 calendar days (60 calendar days unless a different period is inserted 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 designated point(s), within the time specified in the schedule.

13. DISCOUNT FOR PROMPT PAYMENT

(See Section I, Clause No. 52.232-8)

10 CALENDAR DAYS

20 CALENDAR DAYS

30 CALENDAR DAYS

CALENDAR DAYS

14. ACKNOWLEDGMENT OF AMENDMENTS AMENDMENT NO. DATE AMENDMENT NO. DATE

(The offeror acknowledges receipt of amendments to the

SOLICITATION for offerors and related documents numbered and dated):

15A. NAME CODE FACILITY 16. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

AND OFFER (Type or print)

ADDRESS

OF

OFFEROR

15B. TELEPHONE NUMBER 15C. CHECK IF REMITTANCE 17. SIGNATURE 18. OFFER DATE

AREA CODE NUMBER EXT. ADDRESS IS DIFFERENT FROM ABOVE -

ENTER SUCH ADDRESS IN SCHEDULE.

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

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

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

23. SUBMIT INVOICES TO ADDRESS SHOWN

IN (4 copies unless otherwise specified)

ITEM

24. ADMINISTERED BY (If other than Item 7) CODE 25. PAYMENT WILL BE MADE BY CODE

26. NAME OF CONTRACTING OFFICER (Type or print) 27. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

28. AWARD DATE

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

mailto:Tamiko.Aikens@dot.gov mailto:Robin.Hobbs@dot.gov

RFP 693JJ322R000017

SECTION B - Supplies or Services and Prices

B.1 IDIQ MINIMUM AND MAXIMUM CONTRACT AMOUNTS

The period of performance of this Indefinite Delivery/Indefinite Quantity Contract (for the purpose of placing orders) is 60 months from the date of award. This is an Indefinite

Delivery/Indefinite Quantity (IDIQ) Contract in accordance with FAR 16.500.

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

$25,000.00. The maximum amount of all task orders issued against all contracts awarded as a result of this acquisition shall not exceed a ceiling of $2,000,000.00.

The task orders placed under the contract will be Firm-Fixed Price (FFP) or Cost-Plus-Fixed-Fee

(CPFF), or a combination of these types, based on a determination by the Contracting Officer

(CO) at the task order level.

B.2 SCHEDULE OF RATES

All TOs issued on a FFP/CPFF basis will be subject to the pricing set forth in Attachment J.1, Labor Rate Schedule. Labor categories and hourly labor rate ceilings governing TOs under this

IDIQ contract shall conform to Attachment J.1. The hourly labor rates (unit of issue) are the maximum burdened rates allowable for CPFF TOs. The Contractor may elect to propose lower hourly rates on a TO basis. The rates that are proposed and accepted at the time of TO award shall remain in effect with the TO award.

The hourly labor rates reflect fully-burdened hourly rates for each labor category with all proportional overhead, fringe, profit/fee, G&A, etc. The labor rates under this contract represent the blended hourly rates and include Contractor employee labor, subcontractor employee labor, and consultant labor. The labor rates set forth in the table reflect the rate applicable for performance at a Government site or for performance at a Contractor site.

At any time and throughout the life of the contract, at the request of either the Contractor or the

Government, the Contractor may propose additional labor categories, rates and descriptions in addition to the Government labor categories. These additional labor categories, rates, and descriptions will be negotiated on a case-by-case basis.

Travel and materials shall be reimbursed at cost. Inclusion of indirect burden amounts or fee on material costs, including travel expenses, is not allowable.

(End of Section B)

SECTION C - Description/Specifications/Statement of Work

BACKGROUND

According to the Federal Highway Administration (FHWA), over 600,000 bridges are registered in the National Bridge Inventory (NBI). Oversized vehicles, usually crossing over or under a bridge in violation of posted height limits, are among the main causes of damage to bridges, bridge failure, or collapse. A recent survey of Department of Transportations (DOTs) across the country has shown that the impact damage to bridges because of over-height trucks is a nationwide problem. A frequently used protection measure against over-height vehicles is the installation of laser protection systems to provide advanced warning to such vehicles approaching low clearance bridges / tunnels. However, the risk of serious damages to critical bridges / tunnels remains if the driver does not follow the warning signs. Based on these facts, FHWA recently developed conceptual energy-dissipative system prototype using a combination of a steel box beam with aluminum honeycombs for the protection of bridge girders from over-height impacts. This innovative protection device can be an effective measure preventing damages to concrete and steel beams, while sustaining moderate to severe damage to itself, depending on the intensity of the impact. A transportation pooled fund (TPF) study, TPF-

5(484), was established to complete the full development of the prototype, conduct the full-scale testing, field installation and evaluation of the effectiveness of the prototype against over-height truck impacts.

The innovative steel beam/honeycomb protective system is anticipated to dissipate a large portion of the energy from the colliding truck by crushing/deforming the honeycombs. The effectiveness of this device has been investigated in the FHWA recent study by large-scale testing in collaboration with the researchers at Hunan University, where over-height impact was simulated through a drop hammer system (the final report for this study can be furnished upon request).

With the success of the large-scale testing program, the actual field installation of full-scale model is deemed necessary to validate its effectiveness to protect existing bridge structures. This TPF project aims to address:

• Design of the full-scale testing program and selection of bridge site for the field installation;

• Custom construction and installation of the full-scale model of the prototype attaching to the existing facial girder of the selected structure(s); and

• Full scale testing and evaluation of the system with actual over-height truck impact on site.

The Government is seeking engineering services to conduct the research and field evaluation work for the “Development of Countermeasure Strategies for Protecting Bridge Girders against

Overheight Vehicles Impact” study. This requirement is being funded through the Transportation

Pooled Fund Project TPF-5(484). All work under this requirement will be performed according to the scope of work posted on the TPF website.

OBJECTIVE

The objective of this requirement is to provide non-personal technical support on an as needed basis for the Office of Bridge & Structures (HIBS-10) to achieve the goals of the TPF study. All work under this requirement shall be performed through the issuance of specific task orders.

DETAILED REQUIREMENT

The Contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to conduct research, analyses, testing and evaluation to accomplish the goals under the TPF-5(484). All work under this requirement shall be performed through the issuance of specific task orders.

C.3.1 TECHNICAL REQUIREMENTS

TASK A - RESEARCH, DEVELOPMENT, TESTING AND ANALYSIS

Task A.1: Develop an over-height impact program for outdoor full-scale testing, including site

& vehicles selection and logistics. The test vehicle needs to be equivalent to a 36000V tractor-van trailer (79,300lbs) or surrogate vehicle with noted cargo identified in past overheight strikes such as trailer hauling construction equipment with booms/cranes, etc, or approved equal traveling at a minimum speed of 70 mph. This is to identify probable or possible upper bound impact load scenarios

Task A.2: Investigate the protection system extensively through numerical simulations on different impact scenarios to finalize the prototype design ready for full scale testing. Design an effective installation of the proposed protective system including supporting systems, connections, the protective system and means for easy replacement of damaged components.

Task A.3: Design the entire setup for full-scale prototype testing including the girders to be impacted or a system supporting girder to be impacted that can represent the behavior of an actual bridge through numerical simulations. The full-scale testing shall be conducted by testing laboratories that are accredited by a third-party accreditation organization conforming to the general requirements of ISO Guide 58 or equivalent.

Task A.4: Prepare and publish a final report summarizing the outcomes of the Tasks 1-3.

Task A.5: Conduct full-scale prototype testing to demonstrate the effectiveness of the proposed protective system (the facility conducting the test needs to be pre-approved by the FHWA

Contracting Officer’s Representative (COR).

Task A.6: Perform parametric studies on the impact performance of the protection devices installed on the prestressed /steel girders.

Task A.7: Develop a design method for proportioning the protective system to achieve a specific performance (performance-based approach). Develop design examples and templates to illustrate the design of the protective system for different impact scenarios. Develop new design guidelines for fascia girder to resist the impact loads due to over-height heavy vehicles without protection system.

Task A.8: Prepare and publish the final report including findings and outcomes of all the tasks completed in this project.

TASK B - TECHNOLOGY DELIVERY

Task B.1: Demonstrations and Requests for Information: The Contractor shall provide technical assistance to FHWA stakeholders such as State and other Federal agencies. Technical assistance can take the form of: (1) answering questions from within or outside FHWA via email or telephone; (2) providing literature based on requests for information within the scope of the research; and (3) providing hands-on training of product or equipment. The Contractor shall provide a brief written report for all site visits documenting the participating agency, contacts, and phone numbers for personnel who worked with the equipment, and summary of visit.

Task B.2: Technical Workshops and Training: The Contractor shall develop and deliver professional workshops and training related to one or more of the areas identified in the objectives, including supporting implementation of the methods and technology developed in Task A.

Workshops may range in length from 4-16 hours of contact time, emphasize hands-on application of technology and be presented at one or more times and/or places. Within 15 days after each workshop or training presentation the Contractor shall forward to the COR a brief written report of the activity. Each report shall include date, duration, purpose, location, copy of workshop or training materials (electronic format), and a brief summary of comments, recommendations and/or observations.

Task B.3: Technical Presentations: The Contractor shall develop and make professional presentations at seminars, conferences, workshops and/or meetings relating to the areas identified in the objectives. Within 15 days after each presentation, the Contractor shall forward to the COR a brief written report of the visit. Each report shall include date, duration, purpose, location, copy of presentation (electronic format), and a brief summary of comments, activities, recommendations and/or observations.

Task B.4: Technical Publications: The Contractor shall write technical, professional quality, articles suitable for scientific publications, peer-reviewed journals, newsletters, briefing papers and brochures, and shall develop workshop modules on an as needed basis. It is anticipated that these article(s) will address the research and other related activities.

TASK C - TECHNOLOGY DEPLOYMENT

The Contractor shall provide technical support, including product refinement/enhancement for implementation to interested agencies of products and technologies developed under Task A.

Technical support can take the form of: (1) establishing product support websites, email technical assistance, newsletters, and phone support for answering questions from within or outside FHWA concerning hazard mitigation and countermeasures technology products; (2) providing literature based on requests for information in support of specific products or technologies; (3) staffing of display booths at meetings, conferences and exhibitions in support of products; and (4) providing hands-on training to support implementation of the products and technology. The Contractor shall provide a periodic report of technical support provided under this task documenting the number and type of contacts, and a brief summary of comments, recommendations and/or observations.

TASK D - PROGRAMMATIC TECHNICAL SUPPORT

Task D.1: Prepare material for Publishing on Internet and other online sources: The

Contractor shall develop, enhance, and maintain material for publishing on the Internet and other online systems. Material may take various forms, such as viewable directly online or set up for downloading by online customer. Contractor shall research and recommend, as appropriate new media for information exchange to advance the objectives identified in this contract.

Task D.2: Provide Technical Assistance in Convening Meetings: The Contractor shall organize panels and technical meetings in support of the development of technical projects and related work in the general areas identified in the objectives of this contract. The Contractor shall provide all technical and administrative functions associated with arranging and coordinating these events to include arranging meeting location; contacting participants; securing lodging and meeting space; developing schedules; circulating meeting notices; arranging miscellaneous equipment and expendable supplies; and other conference support functions. The Contractor may be asked to contact appropriate people from the agencies that are to participate in the meetings and identify prospective members. The Contractor shall also prepare and distribute meeting information such as confirmation letters with meeting details and agendas to all appropriate personnel. The Contractor may also be asked to prepare the formal minutes for meetings which they arrange. The meetings may be scheduled and held as virtual events, if appropriate and approved by the COR.

Task D.3: Arrange Travel for Pooled Fund Study (PFS) Technical Advisory Committee and Non-Federal Participants in Meetings: The Contractor shall make all travel arrangements for non-Federal members of the technical panels and meetings identified by the COR from a variety of locations around the United States and in infrequent instances from other countries.

Arrangements will include transportation reservations and tickets; hotel reservations; local transportation between transportation terminals and hotel and, if relevant, between hotel and meeting site; and other arrangements necessary to the successful travel and room and board for participants while attending the meetings. The Contractor shall be responsible for these costs for the non-Federal panel members and meeting participants. The meeting may be scheduled and held as virtual events, if appropriate and approved by the COR.

Under this FHWA led TPF-5(484), a Technical Advisory Committee (TAC) has been established.

The TAC meets as required to approve the work to be accomplished as funds become available;

work therefore proceeds accordingly throughout the duration of the TPF. TAC meetings are usually held semi-annually however meetings for contract and product reviews may be held more frequently. The FHWA must also provide the vehicle that allows the TAC to travel to and from meetings. It has been mandated that TPF funds that are set aside for TAC member travel be administered through by other than Government travel and therefore it is efficient that this be accomplished thru the procedures establish for such purposes through the Contractor staff. The

Contractor shall also be responsible for overseeing the logistical aspects of PFS TAC travel for any that may be initiated to. This is accomplished via invitational letter/email travel request, written by the COR, to the TAC members with copy to the Contractor. TAC members are required to make THEIR OWN TRAVEL ARRANGEMENTS and follow Government travel regulations for TRAVEL and PER DIEM. All individual state DOT travel must be approved by the COR in writing.

KICK-OFF MEETING

The Contractor shall attend an in-person [or virtual] kick-off meeting within 14 days of the contract award. The objective of this meeting is to introduce attendees, to provide an opportunity for Contractors to meet with the Contracting Office (CO) and/or Contract Administrator, the

Contracting Officer’s Representative (COR), define roles and responsibilities, and respond to questions. Contractor Key Personnel shall attend this meeting.

IDIQ PROGRESS REPORTS

The Contractor shall submit an electronic copy (2016 or higher Microsoft (MS) Office and

Adobe Acrobat) of a contract level consolidated monthly progress report to the Contracting

Officer (CO) and the COR, by the 15th of the month following the calendar month being reported. The costs incurred in the administrative reporting are unallowable direct costs under the contract and, therefore, cannot be charged as direct costs to the Government. Contractors are to handle such costs in accordance with their disclosure statements/cost accounting systems.

The report shall provide, for all active TOs under the contract, a summary that includes:

(a) TO number, TO title, TO type (i.e., FFP or CPFF), period of performance, TOCOR.

(b) A description of any problem encountered or anticipated that will affect the completion of any individual TO within the time and fiscal constraints as set forth in the TO, together with recommended solution to such problem; or, a statement that no problem was encountered.

(c) For CPFF only, a tabulation of the planned, actual and cumulative person-hours expended by the personnel identified in each TO.

i. Actual bills submitted by subcontractors for services procured--accountable documentation.

(d) For CPFF only, a chart showing:

i. Current and cumulative expenditures versus planned expenditure for each TO.

ii. Cumulative expenditures versus obligated funds.

(e) A summary on a task-by-task basis for all work under the specific TO that includes:

i. A clear and complete account of work performed on each task and an outline of the work to be accomplished during the next reporting period.

ii. Identified risks.

iii. Plan to mitigate identified risks.

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

(f) For TOs that the period of performance has expired and/or the technical requirements have been completed, the Contractor shall include a statement indicating this status.

(g) Actual bills submitted by subcontractors for services procured--accountable documentation.

(h) Description of any travel during the quarter, including the purpose, cost and personnel of each trip stated in Section G.

(i) Project Schedule - (Task Order specific) The Contractor shall submit, to the Government, an initial project schedule in Microsoft Project format within sixty (60) days after the effective date of the contract and updates showing the percent complete of major deliverables every thirty (30) days thereafter. The schedule shall include the major deliverables and milestones and adhere to the Microsoft Project template structure provided by the COR. Any changes to due dates after the initial project schedule baseline must be approved by the Government. The Contractor shall support the identification of schedule dependencies related to the project and in accordance with the Government defined process.

ANNUAL REPORT

The contractor shall furnish 1 electronic copy (in Microsoft Office 2016 and Adobe Acrobat) of a letter-type annual report to the CO and to the COR on or before 30 calendar days before the end of each contract year. The annual report shall contain the following:

(a) State the period of performance covered by the report (dates must be in MM/DD/YYYY format).

(b) Current Contract Dollar Value: state the total amount obligated on all orders, including modifications.

(c) Provide a list of all active orders during the covered evaluation period and for each order indicate the following information:

i. Task Order number, title of the order/project, contract type, value of the order.

ii. A discussion of the activities conducted during the period being reported.

iii. Identify subcontractors, including Unique Entity ID (UEI), performing either a critical aspect of the contracted effort or more than 25 percent of the dollar value of the effort.

(d) A brief narrative commenting on performance during the reporting period for each of the following areas:

i. Quality of Product/Service

ii. Schedule

iii. Cost Control

iv. Business Relations

v. Management of Key Personnel

vi. Utilization of Small Businesses

vii. Other

NOTE: The annual report will be used by the COR and CO as part of the annual performance review. For each area listed above, the Contractor shall discuss how it met the contractual requirements and, as applicable, discuss any problems and any corrective actions taken. If the

Contractor believes it has exceeded the contract requirements, it must identify a significant event(s) and state how it was a benefit to the Government.

(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.

D.2 MARKINGS

All deliverables submitted to the Contracting Officer (CO) and the designated Contracting

Officer’s Representative (COR) shall be accompanied by a packing list or other suitable shipping document that shall clearly indicate the following:

(a) Contract number;

(b) Task Order number;

(c) Name and address of the consignor;

(d) Name and address of the consignee;

(e) Government bill of lading number covering the shipment (if any); and

(f) Description of the item/material shipped, including Deliverable Item Number (If applicable), Report Requirement, or Project Title under which the item is being delivered.

Specific marking objectives may be addressed in individual Task Orders. The Offeror shall take all necessary precautions to ensure that all sensitive data developed under this contract are delivered to the Government in a secure manner.

D.3 F.O.B. POINT

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

United States Department of Transportation

Federal Highway Administration

1200 New Jersey Ave, SE

Washington, DC 20590

Attn: COR designated at award

D.4 EQUIPMENT REMOVAL

Any and all Contractor-owned equipment, accessories, and devices located on Government property shall be dismantled and removed from Government premises by the Contractor, at the

Contractor’s expense, within 30 calendar days after contract expiration. Exceptions to this requirement shall be mutually agreed upon by the Government and the Contractor and written notice issued by the Contracting Officer. Specific objectives will be addressed in individual Task

Orders.

(End of Section D)

SECTION E - Inspection and Acceptance

E.1 INSPECTION AND ACCEPTANCE

All work hereunder shall be subject to review by the Government. The COR or TASK ORDER

COR (TOCOR), at specified in each notification letter at the contract and task order level, is responsible for inspection and acceptance of all incoming shipments, documents, and services.

Acceptance of the final deliverables shall be made in writing by the COR.

E.2 GOVERNMENT ACCEPTANCE PERIOD

Unless stated elsewhere, the FHWA will have 15 calendar days to review draft deliverables and make comments. The contractor shall have 10 calendar days to make revisions and return the revised deliverable to the Government. Upon receipt of the final deliverables, the FHWA will have 15 calendar days for final review prior to acceptance or providing documented reasons for non-acceptance. The COR/TOCOR shall have the right to reject or require correction of any deficiencies found in the deliverables that are contrary to the information contained in the

Contractor’s accepted proposal. In the event of rejection of any deliverable, the Contractor shall be notified in writing by the COR/TOCOR of the specific reasons why the deliverable is being rejected. Unless otherwise directed by the COR/TOCOR or CO, the Contractor shall have 15 calendar days to correct the rejected deliverable and return it per delivery instructions.

Certification by the COR or CO of satisfactory services provided is contingent upon the

Contractor performing in accordance with the terms and conditions of the contract, any TO issued, and all modifications. Deliverable items rejected under any resulting TO shall be corrected in accordance with the applicable clauses. Reports, documents and narrative type deliverables will be accepted when all discrepancies, errors or other deficiencies, identified in writing by the Government, have been corrected. Technically acceptable deliverables and publications will be submitted to a publication review and approval process. The publication review and approval process will typically require 30 days for presentations, fact sheets, infographics, posters, and equivalent deliverables. The review and approval process for technical reports will typically require six months from submission of a technically acceptable report to publication, based on an average of three rounds of editorial review. The Contactor shall account for these timeframes when responding to TO Proposal Requests (TOPRs).

E.3 CLAUSES INCORPORATED BY REFERENCE

52.246-2 Inspection of Supplies – Fixed-Price Aug 1996

52.246-3 Inspection of Supplies – Cost-Reimbursement May 2001

52.246-4 Inspection of Services – Fixed-Price Aug 1996

52.246-6 Inspection of Services – Cost-Reimbursement Apr 1984

52.246-9 Inspection of Research and Development (Short Form) Apr 1984

52.246-16 Responsibility for Supplies Apr 1984

(End of Section E)

SECTION F - Deliveries or Performance

F.1 CLAUSES INCORPORTED BY REFERENCE

52.242-15 Stop-Work Order Aug 1989

52.242-17 Government Delay of Work Nov 2021

52.247-34 F.O.B. Destination Nov 1991

F.2 PERIOD OF PERFORMANCE

The period of performance for purposes of ordering and placing orders under this contract is 60 months from the effective date of the contract.

Task orders may be issued up to the final day within the period of performance of this contract provided that they can be completed within 12 months past the end of the period of performance of this contract. There are no option periods under the contract; however, options may be included in issued task orders issued under this contract.

F.3 METHOD OF DELIVERY

Electronic copies shall be delivered using MS Office suite tools (for example, MS Word, MS

Excel, MS PowerPoint, MS Project, or MS Access format) version 2016 or later, unless otherwise specified by the COR. Electronic submission shall be made via email, unless otherwise agreed to by the COR.

F.4 PLACE OF DELIVERY

The contractor shall submit interim and final deliverables electronically to the COR. The contractor shall include the contract number (and task order number if appropriate) in the email for each deliverable.

F.5 DELIVERABLE/DELIVERY SUMMARY (IDIQ)

Deliverable Delivery Date Medium / Format Recipient

Progress

Reports

Monthly, submitted by the 15th of the month following the month reported.

Electronic copy in

Microsoft and Adobe

Acrobat format.

CO and

COR

Annual Report

Annually, on or before 30 calendar days before the end of each contract year.

Electronic copy in

Microsoft and Adobe

Acrobat format.

CO and

COR

Kick-off

Meeting Report

Once, 14 days following kick-off meeting

Electronic copy in

Microsoft and Adobe

Acrobat format.

COR

F.6 PLACE OF PERFORMANCE

Place of performance shall be specified at the TO level.

F.6 TASK ORDER DELIVERABLES

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

F.7 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 USDOT Secure Web

Application standards to prevent cross-site scripting (XSS) and SQL Injection.

(End of Section F) http://www.w3.org/

SECTION G - Contract Administration Data

G.1 CONTRACT ADMINISTRATION DATA

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

Specifically, the contractor shall designate a single program manager to oversee this contract and supervise staff assigned to this contract.

G.2 CONTRACTING OFFICER’S AUTHORITY

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

Contracting Officer’s Address:

1200 New Jersey Ave, SE

Mail Stop: E62-204

Washington, DC 20590

G.3 PAYMENT- (IDIQ)

For each FFP task order, the Government shall pay the contractor for the prices delineated in each task order. Proportional payments may be made based on an established Milestone Payment

Schedule for work performed and accepted. Payment shall be made upon review and written acceptance of the FFP deliverable(s) by the Government.

The Contractor may be reimbursed for direct and indirect costs incurred in the performance hereof as are allowable under the provisions of Subpart 31.2 of the Federal Acquisition

Regulations in accordance with the terms of approved Task Orders, subject to the Limitation of

Funds Clause.

The Contractor may request monthly interim payments for costs incurred during the performance of the contract. A statement of costs incurred by the Contractor in the performance of tasks under this contract and claimed to constitute allowable costs shall support each interim payment request.

In accordance with FAR Clause 52.232-25, “Prompt Payment”, interim payments will be made by the 30th day following receipt of proper request for payment by the designated billing office, unless audit or other review is considered necessary to ensure compliance with the terms and conditions of the contract. All interim payments hereunder will be made upon further determination by the CO that the Contractor is making adequate progress toward successful contract completion.

Final invoice payment shall be made upon the CO’s determination that all contract requirements have been completed. The payment due date for final invoice shall be established in accordance with FAR Clause 52.232-25.

In accordance with FAR Clause 52.232-33, the Federal Highway Administration (FHWA) shall only make an electronic reimbursement/payment.

The contractor shall not accrue costs in excess of the amount funded under a CPFF task order.

Any work performed in excess of the amount funded is at the contractor’s own risk. The amount of fixed fee payable will be established through the Task Orders. In accordance with 52.216-8

“Fixed Fee”, payment of the fixed fee shall be made as specified in the Schedule; provided that after payment of 85% of the fixed fee, the CO may withhold further payment of fee until a reserve is set aside in an amount the CO considers necessary to protect the Government’s interest.

G.4 BILLING RATES

For CPFF orders, the direct labor rates and the provisional indirect rates negotiated under this contract for billing purposes shall remain in effect until revised rates have been approved in writing by the CO. The Contractor shall request new provisional billing rates in writing. Such requests shall delineate the current and proposed rates to be used.

G.5 ESCALATION RATE

The agreed upon/negotiated rate shall be the rate the Contractor utilizes throughout the life of this ID/IQ contract. The rate of ______ shall be used during the period of performance of the

ID/IQ.

G.6 NOTIFICATION OF EXPENDITURE OF FUNDS

The Contractor shall not accrue costs in excess of the amount funded under a CPFF order. Any work performed in excess of the amount funded is at the Contractor’s own risk. The Contractor shall notify the Contract Specialist, COR, and TOCOR in writing, within 5 calendar days, when costs incurred in the performance of a CPFF TO exceed 75% of the TO’s obligated funds.

G.7 TRAVEL AND PER DIEM

Some travel is expected to occur throughout the duration of the contract. The COR will issue the written request for travel (excluding local travel) to the contractor in the form of a Technical Work

Request (TRW). At this time, the travel budget for the duration of the contract has been set at

$20,000.

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 CO.

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

http://www.gsa.gov/portal/category/100120

G.8 ACCOUNTING SYSTEM

As required by the FAR, the Contractor shall have an adequate cost accounting system for accounting of costs under cost reimbursement contracts. If the Government finds the

Contractor’s accounting system to be inadequate, the Contractor shall have 60 days from written notification from the CO in which to address the identified accounting system deficiencies, or a time period otherwise agreed upon by the CO in writing. Failure to adequately address, or make progress towards addressing, such deficiencies may result in contract termination.

NOTE: The Contractor shall not be eligible for payment of invoices until such time as the

Contractor’s accounting system is deemed by the CO to be adequate for accounting of costs under cost reimbursable contracts.

G.9 SUBCONTRACTS – ADVANCE NOTIFICATION AND CONSENT

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

[Insert Text here]

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

G.10 INVOICES

ELECTRONIC SUBMISSION OF PAYMENT REQUESTS

(a) Definitions. As used in this clause—

(1) Contract financing payment has the meaning given in FAR 32.001.

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

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

http://www.gsa.gov/portal/category/100120

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

(b) Electronic payment requests. Except as provided in paragraph (e) of this clause, the

Contractor shall submit payment requests in electronic form. Purchases paid with a

Governmentwide commercial purchase card are considered to be an electronic transaction for purposes of this rule, and therefore no additional electronic invoice submission is required.

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

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

(1) Invoice number and invoice date.

(2) Period of performance covered by invoice.

(3) Contract number and title.

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

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

(6) Total ($) of billing.

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

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

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

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

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

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

(3) 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 https://gcc01.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.login.gov%2F&data=04%7C01%7Cgunnar.prutz%40dot.gov%7C0a326690e73c4b6562d808d88d6721ef%7Cc4cd245b44f04395a1aa3848d258f78b%7C0%7C0%7C637414821370629241%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=1NCjvnr4px0nN6mqzJNQxFnaEmYORw76%2FNN9tiHV5Vw%3D&reserved=0 https://gcc01.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.login.gov%2F&data=04%7C01%7Cgunnar.prutz%40dot.gov%7C0a326690e73c4b6562d808d88d6721ef%7Cc4cd245b44f04395a1aa3848d258f78b%7C0%7C0%7C637414821370639196%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=QBUR6h0uVx%2FvrvRn6an7B8t56D%2BLZU6bwNxtCaG3viM%3D&reserved=0 https://login.gov/help/creating-an-account/how-https://login.gov/help/creating-an-account/how-created. The vendor user will be provided detailed instructions for logging into their Delphi eInvoicing account. FHWA’s agency POC is HCFA-10@dot.gov.

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

• https://einvoice.esc.gov/

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

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

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

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

Account Management

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

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

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

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.

mailto:HCFA-10@dot.gov https://einvoice.esc.gov/ https://gcc01.safelinks.protection.outlook.com/?url=http%3A%2F%2Feinvoice.esc.gov%2F&data=04%7C01%7Cgunnar.prutz%40dot.gov%7C0a326690e73c4b6562d808d88d6721ef%7Cc4cd245b44f04395a1aa3848d258f78b%7C0%7C0%7C637414821370639196%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=SETomh1dP1mdGdyRgq04kx7I4%2BuwjkX3rVLM0u4c1DY%3D&reserved=0 https://gcc01.safelinks.protection.outlook.com/?url=http%3A%2F%2Feinvoice.esc.gov%2F&data=04%7C01%7Cgunnar.prutz%40dot.gov%7C0a326690e73c4b6562d808d88d6721ef%7Cc4cd245b44f04395a1aa3848d258f78b%7C0%7C0%7C637414821370649154%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=z0hRpzShNue%2Fsq4%2Fkg6leBVeZZSvbyIQFJteDG24jKE%3D&reserved=0 mailto:HCFA-10@dot.gov mailto:HCFA-10@dot.gov http://www.dot.gov/cfo/delphi-einvoicing-mailto:DOTeInvoicing@dot.gov

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

Federal Highway Administration Invoice Processing

P.O. Box 268865

Oklahoma City, OK 73126-8865

Attention: - Tamiko Aikens

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.11 TECHNICAL DIRECTION

Performance of the work under this contract is subject to the Technical Direction of the

Contracting Officer’s Representative (COR). The Contracting Officer may also appoint a task order Contracting Officer’s Representative (TOCOR) to provide Technical Direction related to specific task orders under this IDIQ contract.

The term “Technical Direction” is defined to include, without limitation, the following:

(a) Direction to the contractor which redirects the efforts, shifts work emphasis between work areas, requires pursuit of certain lines of inquiry, fills in details or otherwise serves to accomplish the Statement of Work;

(b) Provision of information to the contractor that assists in the interpretation of drawings, specifications or technical portions of the work description; and,

(c) Review and approval/rejection of technical reports, drawings, specifications and technical information to be delivered by the contractor.

All Technical Direction must be within the general scope of work stated in the contract and task order. The COR and TOCOR do not have the authority to and may not issue any Technical

Direction that:

(a) constitutes an assignment of additional work outside the general scope of the base contract;

(b) constitutes a change as defined in the base contract clause entitled “Changes”;

(c) in any manner causes an increase or decrease in prices set forth in Section B; or

(d) changes any of the expressed terms, conditions or specifications of the contract.

All Technical Direction must be issued in writing, or shall be confirmed in writing by the COR or TOCOR (as applicable) 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 by the COR or TOCOR is within one of the prescribed categories in (a) through (d) 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.”

G.12 CONTRACTING OFFICER’S REPRESENTATIVE AND TASK ORDER COR

(a) 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.

(b) The Contracting Officer shall designate a Contracting Officer’s Representative for this award. 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…