RFP 693JJ326R000001 - DRAFT 1031.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

693JJ326R000001

4. TYPE OF SOLICITATION

SEALED BID (IFB)

X NEGOTIATED (RFP)

5. DATE ISSUED

10/31 5

6. REQUISITION/PURCHASE NO.

HRDI30250011PR

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

AND

HCFA-22SRI@dot.gov

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

SOLICITATION

9. ffers for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8 until DECEMBER 01, 5 S 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 AS A COMPETITIVE SMALL BUSINESS SET-ASIDE.

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

INFORMATION

CALL: Primary Contact: Tamiko Aikens

Secondary Contact:

AREA CODE

NUMBER

366-3092

EXT. Tamiko.Aikens@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 0

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 49

X D PACKAGING AND MARKING 0 PART IV - REPRESENTATIONS AND INSTRUCTIONS

X E INSPECTION AND ACCEPTANCE 1 X K REPRESENTATIONS, CERTIFICATIONS 50

X F DELIVERIES OR PERFORMANCE 3 AND OTHER STATEMENTS OF OFFERORS

X G CONTRACT ADMINISTRATION DATA 5 X L INSTRS., CONDS., AND NOTICES TO OFFERORS 58

X H SPECIAL CONTRACT REQUIREMENTS 6 X M EVALUATION FACTORS FOR AWARD 69

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 1 0 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.

693JJ326R000001

SECTION B - Supplies or Services and Prices

B.1 IDIQ MINIMUM AND MAXIMUM CONTRACT AMOUNTS

This is an Indefinite Delivery/Indefinite Quantity (ID/IQ) contract utilizing Firm-Fixed Price (FFP) or Time-and-Materials/Labor Hour (TM/LH) or a combination of the two contract types in accordance with FAR 16.500. This ID/IQ is issued as a competitive small business set-aside and designed to address the Government’s need for a full range of non-personal services as broadly described in Section C, Statement of Work.

During the term of the contract, the Government guarantees award of TOs totaling a minimum of $50,000 under this contract. The maximum amount of all TOs issued against all contracts awarded, as a result of this acquisition, shall not exceed a ceiling of $8,000,000 for “Highway Infrastructure Engineering and Research Data Services (HIERD) Contract.” The period of performance is 60 months from the date of award.

B.2 SCHEDULE OF RATES

All Task Orders (TOs) issued on a FFP/TM/LH 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 FFP/TM/LH 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 in Attachment J.1. These additional labor categories, rates, and descriptions will be negotiated on a case-by-case basis.

NOTE TO OFFERORS: Price proposals shall adhere to the pricing structure established in Attachment J.1 and instructions in Section L. The fully burdened TM/LH ceiling rates awarded at initial IDIQ contract award shall serve as the basis for all future year pricing for those ceiling rates. Resulting IDIQ contracts will include Attachment J.1 with the accepted Contractor loaded labor rates inserted in the pricing table.

(End of Section B)

SECTION C - Description/Specifications/Statement of Work

C.1 OVERVIEW

This is a non-personal services contract to provide Highway Infrastructure Engineering Research Services. All work under this contract shall be performed through the issuance of specific task orders. The Government will not exercise any supervision or control over the contract or task order service providers performing the services herein. Such service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government as defined in this Statement of Work (SOW). The Contractor shall perform to the standards herein.

The success of this effort requires a multidisciplinary team with expertise in pavement, bridge, and other highway infrastructure engineering, as well as data management, data analytics, and web application development. Engineering services, data validation and management, and data visualization and analytics are needed to ensure data quality and public access of the infrastructure related data. FHWA seeks information from entities with demonstrated past performance, current relevant experience, personnel, equipment, and technical qualification to provide capability statements in the areas listed for consideration in developing future FHWA requirements.

C.2 BACKGROUND

The Federal Highway Administration (FHWA) Office of Infrastructure Research & Development (HRDI) conducts and oversees research and development programs and projects that address critical highway infrastructure needs and priorities of national importance. Research studies focus on the design, materials, construction, operation, and preservation of highway pavements, bridges, and other structures. In addition, HRDI provides expert technical assistance to other FHWA offices, other Federal agencies, State and local transportation organizations, industry, and academia.

The Long-Term Infrastructure Performance (LTIP) team within HRDI aims at improving the performance of highway infrastructure assets through execution of long-term research programs, generating robust data and developing technical knowledge. These efforts lead to more efficient design, construction, rehabilitation, maintenance, preservation, and management of these assets.

The LTIP programs include the Long-Term Pavement Performance (LTPP) Program and the Long-Term Bridge Performance (LTBP) Program. These programs, collect and assemble critical data to improve infrastructure design and deepen understanding of highway performance. The resulting data, knowledge and engineering tools are made accessible through the FHWA InfoHighway™ data portals (https://infohighway.fhwa.dot.gov).

FHWA InfoHighway is a comprehensive online resource providing centralized access to a vast array of transportation-related information. FHWA InfoHighway plays a pivotal role in providing readily accessible, analysis-ready, research-quality infrastructure performance data. It supports FHWA’s research, State departments of transportation engineers, researchers, and the public by offering a wealth of transportation and highway infrastructure data, documentation, research findings, and advanced analytical tools and visualization features.

The research areas and data include the following:

• FHWA LTPP program and related data.

• FHWA LTBP program, National Bridge Inventory (NBI), National Bridge Elements

(NBE), data defined by the Specifications for the National Bridge Inventory (SNBI), and other related data.

• FHWA Pavement Testing Facility (PTF) and related data.

• Other FHWA highway infrastructure research and materials testing data and technical knowledge.

Overview of LTPP Program and Related Data:

Started in 1987 as part of the Strategic Highway Research Program (SHRP) and managed by the Federal Highway Administration (FHWA) since 1992, the LTPP program studies the performance of in-service pavements. The primary goal of the LTPP program is to understand how and why pavements perform as they do. A substantial amount of pavement performance related data has been collected by LTPP using standardized data collection procedures and protocols on a variety of pavement types. This information is stored in the LTPP Information Management System (IMS) and has been available to researchers since the early 1990s with new data and data elements added every year. Since 2014, LTPP data and relevant knowledge have been disseminated and visualized through the LTPP InfoPave web portal (https://infopave.fhwa.dot.gov/). LTPP InfoPave is the central portal to the LTPP data and knowledge, and has been used by thousands of pavement engineers and researchers worldwide to advance pavement engineering.

Overview of LTBP Program, NBI, NBE, SNBI Data and other Related Data:

The LTBP program was congressionally mandated under the Safe, Accountable, Flexible, and Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU). In 2008 FHWA initiated the LTBP Program, with an overall objective of periodically monitoring representative samples of bridges nationwide to collect, document, maintain, and manage research-quality performance data over an extended time horizon. This is accomplished by taking advantage of advanced nondestructive evaluation (NDE) and structural health monitoring (SHM) technologies in addition to traditional visual bridge inspection approaches. The LTBP IMS stores and manages data collected by the LTBP program, as well as data from other sources, including the NBI and NBE. These datasets include inspection and inventory information submitted annually to FHWA by States, Federal agencies, and Tribal governments, in accordance with the National Bridge Inspection Standards (NBIS) and the Recording and Coding Guide for the Structure Inventory and Appraisal of the Nation’s Bridges (Coding Guide). The NBI and NBE datasets are compiled using practices established by the NBIS. FHWA is currently transitioning the data reported to the NBI from alignment with the legacy Coding Guide to developed SNBI, developed in coordination with the NBIS regulation, the AASHTO Manual for Bridge Evaluation (MBE), the AASHTO Manual for Bridge Element Inspection (MBEI), and the

FHWA Bridge Inspector’s Reference Manual (BIRM). This transition will require the development of new database structures and will introduce expanded and more detailed data elements for future reporting and analysis within LTBP InfoBridge.

Launched in 2019, the LTBP InfoBridge data portal, (https://infobridge.fhwa.dot.gov/), is an intuitive and user-friendly web portal to access, visualize, and analyze bridge performance data for more than 620,000 bridges in the United States. The portal also includes an extensive suite of intuitive data analytics and bridge engineering productivity tools that facilitate bridge data visualization and analytics.

Overview of the FHWA PTF and Related Data:

The FHWA PTF at TFHRC is a nationally recognized resource supporting advanced research, development, and innovation in pavement engineering. Since 1986, FHWA has conducted accelerated pavement testing (APT) at the facility to improve the durability and quality of the nation's highways. The third generation facility, completed in 2023, features upgraded instrumented pavement test lanes and pavement test machines (PTMs) to monitor the pavement health and collect performance data on diverse pavement structures. The new facility is designed to facilitate holistic evaluation of pavement structures and support a wide range of practical, interdisciplinary research objectives.

The PTF is enabled to systematically collect a broad range of high-value data, including materials testing, long-term pavement performance monitoring, in-situ measurements via embedded sensors, non-destructive evaluation (NDE), construction, weather data, and pavement loading data and information. To maximize accessibility and utility of the PTF data and information, the FHWA InfoPTF™ data portal was launched publicly in 2024, providing centralized, user-friendly access to curated, quality-assured datasets complete with metadata. The portal enables data selection and download, exploration of PTF structures, and offers multimedia resources such as construction timelapse videos and visual documentation. Annual updates will continue to expand InfoPTF with new datasets, analysis tools, and visualization features.

A robust data management strategy underpins InfoPTF, ensuring secure, well-organized, and easily reusable data. This approach streamlines research efforts, minimizes redundant data collection, and maximizes the value of infrastructure research investments. All data, information, and products are stored in a modern database management system accessible via the portal, which also houses reference documents, publications, and analysis results.

InfoPTF’s comprehensive dataset supports traditional pavement analyses as well as advanced applications of machine learning and artificial intelligence, fostering innovative solutions to complex challenges in pavement design, construction, and performance. The FHWA InfoPTF data portal can be accessed at https://infoptf.fhwa.dot.gov.

Overview of other FHWA Highway Infrastructure Research and Materials Testing Data and Knowledge:

As the leading federal agency for publicly funded highway infrastructure research, FHWA has accumulated an extensive repository of valuable data and information from laboratories, materials testing centers, and numerous research studies. While LTPP InfoPave, LTBP

InfoBridge, and FHWA InfoPTF, each described separately in previous sections, focus on specific research programs and datasets, FHWA also offers FHWA InfoMaterials™ data portal, a broader, general-purpose platform that accepts data from diverse sources. FHWA InfoMaterials provides storage, retrieval, dissemination, and visualization capabilities for highway materials research data collected by FHWA, State agencies, and other national efforts. It currently hosts 14 distinct datasets covering topics such as pavement deflection, friction measurement, asphalt binder performance, concrete technology, and superheavy load movement. These datasets support material performance evaluation, advancement of pavement design and maintenance practices, research initiatives, and informed decision-making. Additional datasets will be added as they become available. The portal is accessible at https://infomaterials.fhwa.dot.gov/.

FHWA has also developed the InfoTechnology portal to disseminate technical knowledge on Non-Destructive Evaluation (NDE) technologies, assisting users in selecting and applying recommended techniques for bridges, pavements, tunnel components, and underground utility detection. It is available at https://infotechnology.fhwa.dot.gov/.

C.3 OBJECTIVE/SCOPE OF WORK

The main objective of this contract is to provide highly specialized engineering services, including expertise in pavement, bridge, and other highway infrastructure engineering as well as data management, data analytics (including machine learning and artificial intelligence applications), and web application development services to conduct the following:

• Data Quality Control: Perform quality control and quality assurance of highway infrastructure research data collected in the field and produced in engineering laboratories. Clean and process the data into research-quality information to be used in nationwide research studies that improve the design, construction, rehabilitation, and management of highway infrastructure assets.

• Data Lifecycle Management: manage the entire lifecycle from the point of data intake including validation, integration, storage, distribution and archiving for all existing information management systems consisting of highly technical databases, data warehouses, metadata, etc.

• Data Visualization: Develop visualization techniques that enable engineers and research scientists to readily understand and make use of the vast amount of infrastructure research data that is generated by FHWA and other transportation research entities.

• Data Augmentation: Periodically, add new validated research data sets to the FHWA InfoHighway web portals as appropriate.

These activities are critical in achieving the mission of the FHWA’s LTIP programs.

It should be noted that the core work for this contract requirements is analysis of specialized transportation research data which requires civil engineering skills and expertise. While there is an IT component, it is not the focus or primary skillset that is needed to perform the work. The IT component of the work described is a support function.

C.4 DETAILED REQUIREMENT

The Contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform data validation and management, data visualization and analytics, and presenting these data to the public on the FHWA InfoHighway web portals including LTPP InfoPave, LTBP InfoBridge, FHWA InfoPTF, FHWA InfoMateirals, FHWA InfoTechnology, and other similar web applications.

Tasks/Activities

Some or all of the following activities may be required:

• Review and provide quality control on the collected and computed highway infrastructure engineering data. Datasets to be validated, at a minimum, shall include:

o In service highway infrastructure performance monitoring data collected by non-destructive testing equipment (e.g. weigh-in-motion systems, falling-weight deflectometers, automated longitudinal and transverse profile measurements, accelerated pavement testing machines, etc.);

o Manually collected infrastructure performance field data (e.g., bridge condition visual inspections);

o Data submitted by the state DOTs or made available through other relevant research programs.

o FHWA Pavement Testing Facility (PTF) data; and o Other highway infrastructure engineering research data.

• Process and develop appropriate information management systems including, but not limited to, highly technical databases, data warehouse, metadata, etc.

• Periodically, add new validated research datasets to the FHWA InfoHighway web portals as appropriate.

• Develop visualization techniques that enable engineers and research scientists to readily understand and make use of the vast amount of infrastructure research data that is generated by FHWA and other research entities.

• Develop intuitive analytics tools that enable engineers and research scientists to efficiently analyze and extract actionable insights from large volumes of infrastructure research data generated by FHWA and others, analyzing data-driven solutions like machine learning and artificial intelligence (AI) applications.

• Provide technical support to LTPP InfoPave, LTBP InfoBridge, FHWA InfoMaterials, FHWA InfoPTF, FHWA InfoTechnology and other infrastructure research data related web portals on FHWA InfoHighway as appropriate.

• Modify non-conforming data to meet quality standards so that it is readily usable in nationwide research studies.

C.5 KICKOFF MEETING

The Contractor shall attend a virtual or in-person kickoff meeting within 30 days of the contract award. Prior to the meeting with the FHWA, the contractor shall work in concert with the FHWA Contracting Officer Representative (COR) to finalize a meeting agenda. Within 30 days after kickoff meeting, the contractor shall submit a report documenting the discussion from meeting.

Contractor Key Personnel shall attend this meeting. 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.

The costs incurred to attend the kick-off meeting are unallowable direct costs under the contract and, therefore, cannot be charged as direct costs to the Government.

C.6 IDIQ PROGRESS REPORTS

The Contractor shall submit an electronic copy (2016 or later Microsoft Word or Adobe Acrobat) of a contract level consolidated quarterly progress report to the CO and/or CS, and the COR, by the 15th of the month following the quarter 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 TM/LH), period of performance, TO COR.

(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) 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).

(d) 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.

C.7 ANNUAL REPORT

The Contractor shall furnish one electronic copy (in Microsoft Office 2016 or later or Adobe Acrobat) of a letter-type annual report to the Contracting Officer (CO) and the COR on or before 30 calendar days after 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 SHIPMENT AND MARKING

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

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:

FHWA Turner-Fairbank Highway Research Center Office of R&D’s Infrastructure Analysis and Construction (IAC) Team Support 6300 Georgetown Pike McLean, VA 22101-2296 Attn: COR designated at award

D.4 EQUIPMENT REMOVAL

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 CLAUSES INCORPORATED BY REFERENCE

52.246-2

Inspection of Supplies – Fixed-Price

Aug 1996

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

52.246-6 Inspection-Time-and-Material and Labor Hour May 2001 52.246-9 Inspection of Research and Development (Short Form) Apr 1984

E.2 INSPECTION AND ACCEPTANCE

All work hereunder shall be subject to review by the Government. The COR 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.3 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 Task Order Proposal Requests (TOPRs).

(End of Section E)

SECTION F - Deliveries or Performance

F.1 CLAUSES INCORPORTED BY REFERENCE

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

52.242-15 Stop-Work Order Aug 1989 52.242-17 Government Delay of Work Apr 1984 52.247-34 F.O.B. Destination Jan 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)

For task orders issued under this contract, specific deliverables and due dates will be specified in the task order documents. Below is a general guide for the anticipated deliverables under the contract.

Deliverable Delivery Date Medium / Format Recipient

Progress Reports

Quarterly, submitted by the 15th of the month following the reporting period

Electronic copy in Microsoft or Adobe Acrobat format.

CS and

COR

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

Electronic copy in Microsoft or Adobe Acrobat format.

CS and

COR

Kickoff Meeting Report

Once, 30 days following kick-off meeting

Electronic copy in Microsoft or Adobe Acrobat format.

COR

F.6 PLACE OF PERFORMANCE

The work under this contract shall be performed primarily at the Contractor’s facilities and at the Turner-Fairbank Highway Research Center in McLean, Virginia. The location of work performed under this contract will be specified in each task order.

F.7 TASK ORDER DELIVERABLES

Task orders will identify specific deliverables and performance standards required in the performance of each order.

F.8 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:

United States Department of Transportation Federal Highway Administration 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.

For each TM/LH 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. See FAR 52.232- 7 Payments Under Time-and-Material and Labor-Hour Contracts.

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

Any work performed in excess of the amount funded is at the contractor’s own risk.

G.4 NOTIFICATION OF EXPENDITURE OF FUNDS (TM/Labor Hour Only)

The Contractor shall notify the CS and COR in writing, within five (5) calendar days, when costs incurred exceed 75% of the obligated funds.

G.5 TRAVEL AND PER DIEM

Travel (other than local) may be expected to occur throughout the duration of the contract and must have the advance written approval of the COR.

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.6 SUBCONTRACTS – ADVANCE NOTIFICATION AND CONSENT

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

[APPROVED SUBCONTRACTOR NAME – to be completed by CO at award]

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.7 INVOICES

INVOICE INSTRUCTIONS

ELECTRONIC SUBMISSION OF PAYMENT REQUESTS

(a) Definitions. As used in this clause—

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

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

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

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

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

(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.

(9) 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.

(10) The following statement “The Contractor certifies that, by submitting this invoice to the Government, the supplies and/or services billed have been shipped, rendered, or delivered in accordance with instructions issued by the ordering officer; that they are reflected in the quantities and/or period of performance stated on the invoice; and that such supplies and/or services conform to the quantity and quality requirements specified in the applicable contract, order, or blanket purchase agreement. Furthermore, pursuant to Executive Order 14173, Ending Illegal Discrimination And Restoring Merit-Based Opportunity, the Contractor certifies that it is in compliance with the Equal Protection principles of the Constitution and all applicable Federal anti-discrimination laws, and acknowledges that such compliance is material to the Government’s payment decision under the False Claims Act (31 U.S.C. § 3729(b)(4)). The Contractor also affirms that it does not operate any diversity, equity, and inclusion (DEI) initiatives that are inconsistent with the Equal Protection principles of the Constitution and the non-discrimination requirements of Federal law, as interpreted by the Supreme Court in Students for Fair Admissions v. Harvard, 600 U.S. 181 (2023).”

(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.

http://www.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 created. The vendor user will be provided detailed instructions for logging into their Delphi eInvoicing account. FHWA’s agency POC may be contacted at delphi_systems_access_request@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 delphi_systems_access_request@dot.gov

Account Management

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

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-mailto:delphi_systems_access_request@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:delphi_systems_access_request@dot.gov mailto:delphi_systems_access_request@dot.gov http://www.dot.gov/cfo/delphi-einvoicing-

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.

mailto:DOTeInvoicing@dot.gov

G.8 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 that 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.9 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 has designated [FILL IN AT AWARD] as the 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 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 through modification to this contract and changes to the existing memorandum or by issuance of a new appointment memorandum. Copies of any changes shall be provided to the Contractor.

As needed, the Contracting Officer may appoint a task order Contracting Officer’s Representative (TOCOR).