Sol_69056720R000011.pdf

Ice Road Establishment and Management

Request for Proposal (RFP)

Ice Road Establishment and Management 69056720R000011

Western Federal Lands Highway Division Federal Highway Administration (FHWA)

NAICS 541715 PSC AJ44

7‐21‐2020

Table of Contents

A - Solicitation/Contract Form

B - Supplies or Services/Prices

C - Description/Specifications

D - Packaging and Marking

E - Inspection and Acceptance

F - Deliveries or Performance

G - Contract Administration Data

H - Special Contract Requirements

I - Contract Clauses

J - List of Documents, Exhibits and Other Attachments

K - Representations, Certifications, and Other Statements of Bidders

L - Instructions, Conditions and Notices to Bidders

M – Proposal Instructions

SOLICITATION/CONTRACT 1. THIS CONTRACT IS A RATED

5. SOLICITATION TYPE2. CONTRACT NO. 4. SOLICITATION NUMBER

PAGE OF PAGES

7. ISSUED BY CODE 8. THIS ACQUISITION IS

BIDDER/OFFEROR TO COMPLETE BLOCKS 11, 13, 15, 21, 22, & 27

RATING

ORDER UNDER DPAS (15 CFR 700)

3. AWARD/

EFFECTIVE DATE ISSUE DATE

6. SOLICITATION

UNRESTRICTED OR SET ASIDE:

SMALL BUSINESS

SIZE STANDARD:

9. (AGENCY USE)

NO COLLECT CALLS

10. ITEMS TO BE PURCHASED (BRIEF DESCRIPTION)

SUPPLIES SERVICES

11. IF OFFER IS ACCEPTED BY THE GOVERNMENT WITHIN

CALENDAR DAYS (60 CALENDAR DAYS UNLESS OFFEROR INSERTS A DIFFERENT

PERIOD) FROM THE DATE SET FORTH IN BLOCK 9 ABOVE, THE CONTRACTOR

AGREES TO HOLD ITS OFFERED PRICES FIRM FOR THE ITEMS SOLICITED

HEREIN AND TO ACCEPT ANY RESULTING CONTRACT SUBJECT TO THE TERMS

AND CONDITIONS STATED HEREIN.

CODE 12. ADMINISTERED BY

13. CONTRACTOR FACILITY 14. PAYMENT WILL BE MADE BY CODE CODE

OFFEROR CODE

TELEPHONE NO.

UNIQUE ENTITY IDENTIFER

CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK:

15. PROMPT PAYMENT DISCOUNT 16. AUTHORITY FOR USING OTHER

THAN FULL AND OPEN COMPETITION

10 U.S.C. 2304 41 U.S.C. 253

NEGOTIATED

(RFP)

SEALED BIDS

(IFB)

1 2

07/22/2020

Federal Highway Administration

FHWA WESTERN FED LANDS DIVISION

610 E FIFTH STREET

Vancouver WA 98661

Federal Highway Administration

FHWA WESTERN FED LANDS DIVISION

610 E FIFTH STREET

Vancouver WA 98661

690567

541715

% FOR:X

x x

690567

Ice Road Estabishment

1,000

69056720R000011

NAICS:

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED VETERAN-

OWNED SMALL BUSINESS

8(A)

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOSB PROGRAM

EDWOSB

17.

ITEM NO.

18.

SCHEDULE OF SUPPLIES/SERVICES

19.

QUANTITY

20.

UNIT

21.

UNIT PRICE

22.

AMOUNT

Ice Road Establishment and Management

The Western Federal Lands Highway Division

(WFLHD) of the Federal Highway Administration

(FHWA) is contracting for a research study to develop a design guide for ice roads establishment and management.

27. SIGNATURE OF OFFEROR/CONTACTOR 28. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

NAME AND TITLE OF SIGNER (TYPE OR PRINT) DATE SIGNED NAME OF CONTRACTING OFFICER DATE SIGNED

25. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET

FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY CONTINUATION SHEETS

SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN.

26. AWARD OF CONTRACT: YOUR OFFER ON SOLICITATION

NUMBER SHOWN IN BLOCK 4 INCLUDING ANY ADDITIONS

OR CHANGES WHICH ARE SET FORTH HEREIN, IS

ACCEPTED AS TO ITEMS:

23. ACCOUNTING AND APPROPRIATION DATA 24. TOTAL AWARD AMOUNT

(FOR GOVERNMENT USE ONLY)

ANGY LILJEDAHL

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION NOT USABLE

STANDARD FORM 1447 (REV. 8/2016)

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

COPIES TO

Angy.Liljedahl Typewritten Text

(DUNS) __________________________

Angy.Liljedahl Typewritten Text X 41 U.S.C.3304(a)(3)

TYPE OR PRINT NAME AND TITLE OF SIGNER

SIGNATURENAME AND ADDRESS OF FIRM (Include ZIP Code)

WE DO NOT, DESIRE TO BE RETAINED ON THE MAILING LIST FOR FUTURE PROCUREMENT OF THE TYPE OF ITEMS INVOLVEDWE DO

DO NOT REGULARLY MANUFACTURE OR SELL THE TYPE OF ITEMS INVOLVED

CANNOT MEET DELIVERY REQUIREMENT

OTHER (Specify)

UNABLE TO IDENTIFY THE ITEM(S)

CANNOT COMPLY WITH SPECIFICATIONS

PAGE

NO RESPONSE FOR REASONS CHECKED

2 2 OF

DATE AND LOCAL TIME

AFFIX

STAMP

HERE

TO:

FROM:

SOLICITATION NO.

Federal Highway Administration

FHWA WESTERN FED LANDS DIVISION

610 E FIFTH STREET

Vancouver WA 98661

690567

69056720R000011

STANDARD FORM 1447 (REV. 8/2016) BACK

B - Supplies or Services/Prices

Proposal Price Sheet

Tasks Price Task 1: Project Administration and Coordination $

Task 2: Work Plan Development $

Task 3: Literature Review for Ice Road Establishment and Management

Task 4: Peer Exchange Meeting in Bethel, Alaska $

Task 5: Develop Design Framework for Ice Roads Establishment

Task 6: Develop Maintenance Framework for Ice Roads

Task 7: Develop Tools and Techniques for Maintenance

Task 8: Final Design Guide and Pocket Guide $

Total Lump Sum Price $

Unique Entity Identifier (DUNS) _____________________ Cage Code ______________________

Submitted by ____________________________________ Name/Company

Signature/Date

C - Description/Specifications

I. INTRODUCTION

A. Project Summary

The Western Federal Lands Highway Division (WFLHD) of the Federal Highway Administration (FHWA) is contracting for a research study to develop a design guide for ice roads establishment and management.

B. Project Location

This project has no fixed location but contractor will work with WFLHD staff in Vancouver, WA.

C. Project Overview and Major Phases

The scope of work (SOW) includes eight tasks with well-defined deliverables for performing this work. These tasks include:

Task 1: Project Administration and Coordination Task 2: Work Plan Development Task 3: Literature Review for Ice Road Establishment and Management Task 4: Peer Exchange Meeting in Bethel, Alaska Task 5: Develop Design Framework for Ice Roads Establishment Task 6: Develop Maintenance Framework for Ice Roads Task 7: Develop Tools and Techniques for Maintenance Task 8: Final Design Guide and Pocket Guide

II. PROJECT MANAGEMENT

FHWA is the lead agency for the project.

While performing the work described under this contract, discussions with people from the TAC, other agencies (i.e., BLM, USFS, NPS, BIA, and FWS), State and local governments, Canadian Provincial governments, and the public (including local publics in geographic areas where ice roads may be used), as well as other FHWA employees, shall be required. Participate in these discussions, answer questions, and respond to requests for information. Do not accept any direction or take additional work that is beyond the scope of this order that has not been approved through the CO. During discussions with the entities listed above, do not suggest performance of additional work that is beyond the scope of this order. The TAC shall be designated in writing by the COR and comprised of designated FHWA staff and other stakeholders, to serve as technical experts, assist in the review and approval of materials, and to advise the CO on revising or adding work.

The FHWA Contracting Officer (CO) is the only representative that has the authority to revise or add work under the requirements of this Contract.

The Contractor shall provide in writing to the COR their project management activities associated with each phase of work and designate a single point of contact for all project communication with FHWA.

Project management shall continue throughout the duration of the contract. It includes the work necessary to manage analysis and production efforts, coordinate with FHWA, administer the contract, monitor progress, and direct quality control activities for project development tasks.

III. STATEMENT OF WORK TASKS

The Western Federal Lands Highway Division (WFLHD) of the Federal Highway Administration (FHWA) is contracting to develop an Ice Road Establishment and Management. The following tasks are required to complete this work successfully.

Task 1. Project Administration and Coordination This task shall include coordination with FHWA and the TAC. The consultant shall work with the COR to define a coordination strategy to be implemented throughout the life-cycle of this project. The contractor is required to:

Manage the scope, schedule, budget, staffing, and progress for the work Maintain regular contact with the FHWA COR Conduct conference calls and/or MS Teams meetings with the COR and

Technical Advisory Committee (TAC) at decision points Coordinate with the TAC Deliverables for Task 1

1. Monthly progress reports detailing activities and accomplishments with monthly invoices

Task 2. Work Plan Development The contractor shall convene a kick-off meeting with COR and FHWA staff to start this project with two weeks of start date. The purpose of this kick-off meeting is to start coordination with members of TAC, as well as, to identify stakeholders who will be critical to successful completion of this research study.

The contractor shall document the results of a kick-off meeting in a memorandum.

The contractor shall develop a detailed work plan for this study showing how research objectives will be met. The draft work plan shall be developed in consultation with FHWA staff, COR, TAC, and other stakeholders as identified.

The contractor shall convene a one-day meeting with COR, TAC members, and stakeholders to review draft work plan. The meeting(s) shall cover the following topics:

Discussion of work plan, schedule, literature review of all available information, and required travel, pertaining to ice road establishment and management, and the project approach.

After the workplan meeting, the contractor shall make necessary changes to address comments provide during the meeting to develop final workplan. This final work plan should be approved by COR and TAC.

Deliverables for Task 2

1. Memorandum documenting kick-off meeting and associated materials

2. Draft Work Plan

3. Approved Work Plan

Task 3. Literature Review for Ice Road Establishment and Management

The contractor shall perform an exhaustive literature review of published material and on-line material for studies relating to ice roads establishment and maintenance. The contractor shall also conduct an on-site investigation and consultation with tribal agencies relevant to ice road establishment and management. The outcome of this review shall be synthesized in a review synthesis report on Ice Road Establishment and Management.

Deliverables for Task 3

1. Literature Review Synthesis Report

Task 4. Peer Exchange Meeting in Bethel, Alaska The contractor shall plan and facilitate a peer exchange meeting in Bethel to gather input from many of the villagers on the Kuskokwim River and Yukon River, and private companies using or establishing ice roads. The contractor shall conduct an on-site one-day consultation meeting, open to the general public, in Bethel, AK. Members of the TAC may also attend the meeting.

Perform the following steps for the Peer Exchange Meeting:

• Arrange for a meeting room to hold the meeting at the Yup'ik Museum, Library & Cultural Center, 401 Chief Eddie Hoffman Hwy, Bethel, Alaska.

• Advertise the public meeting in local and Tribal public newspapers at least 15 days before the meeting date:

• Prepare newspaper and other appropriate advertisements, and, prior to advertising, submit them to the COR for review and approval. In the absence of local and Tribal public newspapers, the COR may post notices under locally acceptable practices.

• Pay for any public notices.

• Ensure proper audio-visual equipment is set up, as provided by the facility.

• Attend and facilitate the meeting.

• Keep written notes of all the facilitated discussion at the meeting, and format in a Peer Exchange Report, and deliver to the COR. This report will be reviewed by the COR, FHWA Staff, and the TAC.

Deliverables for Task 4

1. Peer Exchange Report

Task 5. Develop Design Framework for Ice Roads Establishment The contractor shall prepare a design framework for ice roads establishment. At a minimum, this framework shall identify the minimum design criteria for establishing ice roads based on their primary usage. This framework should also identify design procedure and construction techniques for the ice roads establishment. The design and construction procedure should rely on the established professional engineering standards. This framework shall be documented in an interim report to the COR. This framework will be reviewed by the COR, FHWA Staff, and the TAC.

Deliverables for Task 5

1. Design Framework for Ice Roads Establishment

Task 6. Develop Maintenance Framework for Ice Roads The contractor shall prepare maintenance framework for the ice roads. At a minimum, this maintenance framework shall identify the controllable variables for the safe operation of traffic on ice roads. This framework should also provide for common variables that the maintenance staff can observe, measure, and provide cure on a timely basis. The framework should also include a schedule for maintenance activities throughout the duration of ice roads operation. This framework shall be documented in an interim report to the COR. This framework will be reviewed by the COR, FHWA Staff, and the TAC.

Deliverables for Task 6

1. Maintenance Framework for Ice Roads

Task 7. Develop Tools and Techniques for Maintenance The contractor shall prepare a summary of tools of techniques identified during this study to adequately perform the maintenance of the ice roads. These tools and technique may include, but are not limited to, ice thickness measurement using ground penetrating radar, use of GIS/GPS, automated temperature and thickness measurement and reporting, road markings, signs, speed limits, etc. The contractor shall summarize these tools and techniques in a report. This report will be reviewed by the COR, FHWA Staff, and the TAC.

Deliverables for Task 7

1. Tools & Techniques for Maintenance Report

Task 8. Final Design Guide and Pocket Guide The contractor shall create a draft Manual and a draft Pocket Guide, both titled “How to Establish and Maintain an Ice Road”. The Manual and the Pocket Guide are intended for use by the public, shall be written in easy-to-understand plain language, and include tables and illustrations as appropriate. The cover page of each shall show the FHWA logo, and the second page shall contain a table of contents. The following topics shall each have their own chapter, and be based on information obtained throughout this project:

1. A description of the types of ice, including their suitability for use as an ice road, and a description of the types of ice cracks in ice roads, how to manage them (repair methods, traffic management, marking);

2. Standardized protocols for identifying a safe route on which to establish an ice road, including methods of measurement of ice thickness along the route location, and ice thickness measurement protocols (such as spacing of bore-holes for various types of water body conditions, etc.);

3. A set of ice thicknesses recommended for different weight classes of vehicle on rivers, lakes, sloughs and other freshwater bodies;

4. Protocols for use of drones in measuring ice condition along potential ice road routes including researching appropriate sizes and types of drones, the effect of Arctic cold on battery life in drones, and how use of drone would be done in conjunction with ice measurement procedures currently available (ground penetrating radar and ice boreholes) – Note: This should be included in the Manual only, not the Pocket Guide;

5. An ice inspection form when establishing ice roads, which includes the condition and measured thickness of ice at locations along the ice road route;

6. A range of safe speeds and vehicle passing protocols for ice roads, and minimum safe distance between vehicles moving in the same direction (to avoid impacting the ice);

7. A uniform set of marking and signage standards for ice roads, including weight limit and speed limit signs, ice road route location markers, and signs/markers for areas of weak or open ice near an ice road; and

8. Standardized protocols for ice road preparation and maintenance.

The draft design guide shall be delivered in a hard copy, and electronic formats (MS WORD and Adobe PDF versions). The draft Pocket Guide shall be delivered in a format, size, materials and fabrication similar to the Maintenance Work Zone Safety: Pocket Guide of MUTCD Guidance on Temporary Traffic Control.

The contractor shall prepare a final design guide and final Pocket Guide, incorporating all the contractor’s responses to the TAC’ review comments on the draft design guide and draft Pocket Guide. The final Pocket Guide shall be delivered in a format, size, materials and fabrication similar to the Maintenance Work Zone Safety: Pocket Guide of MUTCD Guidance on Temporary Traffic Control.

The primary audience for these reports includes the public (particularly the users, establishers and maintainers of ice roads), the TAC, FHWA staff, State DOT staff, and other transportation agency staff. There shall be no references to the contractor-- including contractor logos--on any of the materials except on form DOT F1700.7, the technical report documentation page.

Provide a hardcopy of the design guide and an electronic version using MS WORD and Adobe pdf files.

Deliverables for Task 8

1. Draft Design Guide

2. Draft Pocket Guide

3. Final Design Guide

4. Final Pocket Guide

V. PAYMENT

Payment for this contract will be made on a Firm-Fixed Price basis, instructions for submittal of invoices are in section G - Contract Administrative Data.

D - Packaging and Marking

E - Inspection and Acceptance

All deliverables are subject to review and acceptance by the FHWA. Contractor shall not release or otherwise make public deliverables or make public presentations concerning this project without prior written permission of FHWA.

Contractor is responsible for the accuracy and completeness of documents and related exhibits, maps, tables, charts, etc. Document review by the FHWA is for conformity with FHWA procedures and compliance with the contract. Review by the FHWA does not imply a detailed review or checking of the accuracy of calculations or designs.

FHWA views Contractor’s work on this contract as support. Therefore, Contractor shall not assume the role as primary contact for the public, media, or other agencies.

Document contacts with the media and requests for information on FHWA Form 1537 and submit immediately to the COR. Contacts with offices of elected officials shall be reported on the same or next business day to the COR.

Perform all work in United States (U.S.) Customary Units.

F - Deliveries or Performance

A. Deliverables:

Monthly progress reports and invoices Memorandum documenting kick-off meeting and associated materials Draft Work Plan Approved Work Plan Literature Review Synthesis Report

Peer Exchange Report

Design Framework for Ice Roads

Maintenance Framework for Ice Roads

Tools & Techniques for Maintenance Report

Draft Design Guide Draft Pocket Guide Final Design Guide Final Pocket Guide

B. Schedule

Tasks Deliverable Due Date

Task 1: Project Administration and Coordination Progress Report Monthly

Task 2: Work Plan Development Memorandum documenting kick-off meeting and associated materials Draft Work Plan Approved Work Plan

10/1/2020

1/15/2021 3/1/2021

Task 3: Literature Review for Ice Road Establishment and Management

Literature Review Synthesis Report

1/1/2021

Task 4: Peer Exchange Meeting in Bethel, Alaska Peer Exchange Report 10/15/2021

Task 5: Develop Design Framework for Ice Roads Establishment

Design Framework for Ice Roads

2/15/2022

Task 6: Develop Maintenance Framework for Ice Roads

Maintenance Framework for Ice Roads

6/1/2022

Task 7: Develop Tools and Techniques for Maintenance

Tools & Techniques for Maintenance Report

10/1/2022

Task 8: Final Design Guide and Pocket Guide Draft Design Guide Draft Pocket Guide Final Design Guide Final Pocket Guide

3/1/2023 3/1/2023 5/1/2023 5/1/2023

C. The completion date for all work on this Contract is June 30, 2023.

G - Contract Administration Data

GOVERNMENT CONTRACTING OFFICER’S REPRESENTATIVE (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 will designate a Government CONTRACTING OFFICER’S REPRESENTATIVE (COR) at time of contract award. The COR’s responsibilities will include technical monitoring of the Contractor’s performance and inspecting and accepting deliveries under the contract. The COR will be appointed in writing, at which time ALL the responsibilities of the COR will be detailed, and a copy of the appointment memorandum will be furnished to the Contractor. Any changes to the COR delegation will be made in writing, either by changes to the existing memorandum, or by issuance of a new appointment memorandum. Copies of any changes will be provided to the Contractor.

(c) The COR is not authorized to perform, formally or informally, any of the following actions:

(1) Promise, award, agree to award, or execute any contract, contract modification, or notice of intent that changes or may change this contract;

(2) Waive or agree to any modification of the delivery schedule;

(3) Make any final decision on any contract matter subject to the Disputes Clause;

(4) Terminate, for any reason, the Contractor’s right to proceed, or issue any order causing the Contractor to stop work;

(5) Obligate in any way, the payment of money by the Government.

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

(e) The Contracting Officer shall respond in writing within 30 days to any notice made under paragraph (d) of this clause. A failure of the parties to agree upon the nature of a direction, or upon the contract action to be taken with respect thereto, shall be subject to the provisions of the Disputes clause of this contract.

(f) The Contractor shall provide copies of all correspondence to the Contracting Officer and the

COR.

(g) Any action(s) taken by the Contractor, in response to any direction given by any person acting on behalf of the Government or any Government official other than the Contracting Officer or the COR acting within his or her appointment, shall be at the Contractor’s risk.

The COR for this contract is Amit Armstrong, Manager, Innovation & Technology Deployment Program. Phone: (360) 619-7668 Email: amit.armstrong@dot.gov .

ELECTRONIC SUBMISSION OF PAYMENT REQUESTS

(a) Definitions. As used in this clause—

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

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

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

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

(b) Electronic payment requests. Except as provided in paragraph (e) of this clause, the Contractor shall submit payment requests in electronic form. Purchases paid with a Governmentwide commercial purchase card are considered to be an electronic transaction for purposes of this rule, and therefore no additional electronic invoice submission is required.

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

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

(1) Invoice number and invoice date.

(2) Period of performance covered by invoice.

(3) Contract number and title.

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

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

(6) Total ($) of billing.

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

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

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

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

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

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

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

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

https://einvoice.esc.gov/

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

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

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

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

Account Management

The Vendor shall contact their COR or TOCOR when POCs leave their organization or will no longer be submitting invoices, with the full name, title, phone number, e-mail address, and user ID of the POC. The user ID will then be removed. If a user ID becomes inactive/times out due no activity by the POC, the Vendor shall contact their COR or TOCOR with the full name, title, phone number, e-mail address, and user ID of the POC to be reactivated. To prevent being timed out due to no-activity, users should login once within 45 days of their last login.

Waivers

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

All waiver requests shall be sent via mail to:

Director of the Office of Financial Management

US Department of Transportation, B-30

Office of Financial Management, Room W93-431

1200 New Jersey Avenue SE

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

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

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

Federal Highway Administration

Invoice Processing

P.O. Box 268865

Oklahoma City, OK 73126-8865

Attention: Mona Nimmo, Contracting Officer

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 Mona Nimmo, Contracting Officer as the invoicing point of contact.

FHWA-WFLHD Local Clause

GOVERNMENT CONTRACTING OFFICER’S REPRESENTATIVE (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 will designate a Government CONTRACTING OFFICER’S REPRESENTATIVE (COR) at time of contract award. The COR’s responsibilities will include technical monitoring of the Contractor’s performance and inspecting and accepting deliveries under the contract. The COR will be appointed in writing, at which time ALL the responsibilities of the COR will be detailed, and a copy of the appointment memorandum will be furnished to the Contractor. Any changes to the COR delegation will be made in writing, either by changes to the existing memorandum, or by issuance of a new appointment memorandum. Copies of any changes will be provided to the Contractor.

(c) The COR is not authorized to perform, formally or informally, any of the following actions:

(1) Promise, award, agree to award, or execute any contract, contract modification, or notice of intent that changes or may change this contract;

(2) Waive or agree to any modification of the delivery schedule;

(3) Make any final decision on any contract matter subject to the Disputes Clause;

(4) Terminate, for any reason, the Contractor’s right to proceed, or issue any order causing the Contractor to stop work;

(5) Obligate in any way, the payment of money by the Government.

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

(e) The Contracting Officer shall respond in writing within 30 days to any notice made under paragraph (d) of this clause. A failure of the parties to agree upon the nature of a direction, or upon the contract action to be taken with respect thereto, shall be subject to the provisions of the Disputes clause of this contract.

(f) The Contractor shall provide copies of all correspondence to the Contracting Officer and the

COR.

(g) Any action(s) taken by the Contractor, in response to any direction given by any person acting on behalf of the Government or any Government official other than the Contracting Officer or the COR acting within his or her appointment, shall be at the Contractor’s risk.

POST-AWARD EVALUATION OF CONTRACTOR PERFORMANCE

Contractor Performance Evaluations

a. Interim and final evaluations of contractor performance will be prepared on this contract in accordance with FAR 42.1502 and TAM 1242.1502. The final performance evaluations will be prepared at the time of completion of work.

b. The Contractor can elect to review the evaluation and submit additional information or provide a rebuttal statement. The contractor will be permitted 60 calendar days to respond from the date of receipt of the evaluation. Contractor response is voluntary. If the contractor does not respond within 60 days, the Government will presume that the Contractor has no comment. Any disagreement between the parties regarding an evaluation will be referred to an individual at a level above the Contracting Officer, whose decision is final.

c. Copies of the evaluations, Contractor responses, and review comments, if any, will be retained as part of the contract file, and may be used to support future award decisions.

The Federal Highway Administration utilizes the Contractor Performance Assessment Reporting System (CPARS) to record and maintain past performance information. CPARS hosts a suite of web-enabled applications that are used to document contractor performance information that is required by Federal Regulations. The CPARS module assesses performance on contracts for Systems, Services, Information Technology, and Operations Support; Architect-Engineer contracts; and Construction contracts. Reference material can be accessed in CPARS.

The registration process requires the Contractor to identify an individual that will serve as a primary contact. This individual will be authorized access to the evaluation for review and comment. In addition, the Contractor is encouraged to identify a secondary contact in the event the primary contact is unavailable to process the evaluation within the required 60 day time period. After the FHWA Focal Point registers the contract in CPARS, the contractor representative will receive a system generated email notifying him/her that the contract is registered. A system generated email will also provide the Contractor with a User ID if the person does not already have a CPARS User ID.

After a performance evaluation has been prepared and is ready for comment, the Contractor representative will receive a system generated email notification that the performance evaluation is electronically available for review and comment. The Contractor representative will receive an automated email whenever an assessment is completed and can subsequently retrieve the completed assessment from CPARS.

Contractors may access evaluations in CPARS for review and comment.

(End of Clause)

(End of Contract Administration Data)

H - Special Contract Requirements

RESERVED

I - Contract Clauses

52.202-1 Definitions. (JUN 2020)

52.203-5 Covenant Against Contingent Fees. (MAY 2014)

52.203-6 Restrictions on Subcontractor Sales to the Government. (JUN 2020)

52.203-7 Anti-Kickback Procedures. (JUN 2020)

52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights. (JUN 2020)

52.204-13 System for Award Management Maintenance. (OCT 2018)

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2019)

(a) Definitions. As used in this clause-

Covered foreign country means The People's Republic of China.

Covered telecommunications equipment or services means-

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);

(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

Critical technology means-

(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled-

(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or

(ii) For reasons relating to regional stability or surreptitious listening;

(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817).

Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service.

(b) Prohibition. Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub.L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. The Contractor is prohibited from providing to the Government any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in Federal Acquisition Regulation 4.2104.

(c) Exceptions. This clause does not prohibit contractors from providing-

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(d) Reporting requirement. (1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause to the Contracting Officer, unless elsewhere in this contract are established procedures for reporting the information; in the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

(2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause:

(i) Within one business day from the date of such identification or notification:

The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.

(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial items.

(End of clause)

52.216-24 Limitation of Government Liability. (APR 1984)

(a) In performing this contract, the Contractor is not authorized to make expenditures or incur obligations exceeding [ ]dollars.

(b) The maximum amount for which the Government shall be liable if this contract is terminated is [ ]dollars.

(End of clause)

52.216-25 Contract Definitization. (OCT 2010)

(a) A [insert specific type of contract] definitive contract is contemplated. The Contractor agrees to begin promptly negotiating with the Contracting Officer the terms of a definitive contract that will include (1) all clauses required by the Federal Acquisition Regulation (FAR) on the date of execution of the letter contract, (2) all clauses required by law on the date of execution of the definitive contract, and (3) any other mutually agreeable clauses, terms, and conditions. The Contractor agrees to submit a [insert specific type of proposal (e.g., fixed-price or cost-and-fee)] proposal, including data other than certified cost or pricing data, and certified cost or pricing data, in accordance with FAR 15.408, Table 15-2, supporting its proposal.

(b) The schedule for definitizing this contract is: [insert target date for definitization of the contract and dates for submission of proposal, beginning of negotiations, and, if appropriate, submission of make-or-buy and subcontracting plans and certified cost or pricing data]

(c) If agreement on a definitive contract to supersede this letter contract is not reached by the target date in paragraph (b) above, or within any extension of it granted by the Contracting Officer, the Contracting Officer may, with the approval of the head of the contracting activity, determine a reasonable price or fee in accordance with subpart 15.4 and part 31 of the FAR, subject to Contractor appeal as provided in the Disputes clause. In any event, the Contractor shall proceed with completion of the contract, subject only to the Limitation of Government Liability clause.

(1) After the Contracting Officer's determination of price or fee, the contract shall be governed by-

(i) All clauses required by the FAR on the date of execution of this letter contract for either fixed-price or cost-reimbursement contracts, as determined by the Contracting Officer under this paragraph (c);

(ii) All clauses required by law as of the date of the Contracting Officer's determination; and

(iii) Any other clauses, terms, and conditions mutually agreed upon.

(2) To the extent consistent with subparagraph (c)(1) above, all clauses, terms, and conditions included in this letter contract shall continue in effect, except those that by their nature apply only to a letter contract.

(End of clause)

52.222-17 Reserved

52.222-26 Equal Opportunity. (SEP 2016)

52.222-35 Equal Opportunity for Veterans. (JUN 2020)

(a) Definitions. As used in this clause-

"Active duty wartime or campaign badge veteran," "Armed Forces service medal veteran," "disabled veteran," "protected veteran," "qualified disabled veteran," and "recently separated veteran" have the meanings given at Federal Acquisition Regulation (FAR) 22.1301.

(b) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-300.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified protected veterans, and requires affirmative action by the Contractor to employ and advance in employment qualified protected veterans.

(c) Subcontracts. The Contractor shall insert the terms of this clause in subcontracts valued at or above the threshold specified in FAR 22.1303(a) on the date of subcontract award, unless exempted by rules, regulations, or orders of the Secretary of Labor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.

(End of clause)

52.222-36 Equal Opportunity for Workers with Disabilities. (JUN 2020)

(a) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-741.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified individuals on the basis of disability, and requires affirmative action by the Contractor to employ and advance in employment qualified individuals with disabilities.

(b) Subcontracts. The Contractor shall include the terms of this clause in every subcontract or purchase order in excess of the threshold specified in Federal Acquisition Regulation (FAR) 22.1408(a) on the date of subcontract award, unless exempted by rules, regulations, or orders of the Secretary, so that such provisions will be binding upon each subcontractor or vendor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs of the U.S. Department of Labor, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.

(End of clause)

52.222-50 Combating Trafficking in Persons. (JAN 2019)

52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving. (JUN 2020)

52.225-13 Restrictions on Certain Foreign Purchases. (JUN 2008)

52.227-1 Authorization and Consent. (JUN 2020)

52.227-14 Rights in Data-General. (MAY 2014)

52.229-3 Federal, State, and Local Taxes. (FEB 2013)

52.229-6 Taxes - Foreign Fixed-Price Contracts. (FEB 2013)

52.229-7 Taxes - Fixed-Price Contracts with Foreign Governments. (FEB 2013)

(a) Contract date, as used in this clause, means the date set for bid opening or, if this is a negotiated contract or a modification, the effective date of this contract or modification.

(b)(1) The contract price, including the prices in any subcontracts under this contract, does not include any tax or duty that the Government of the United States and the Government of [insert name of the foreign government] have agreed shall not apply to expenditures made by the United States in [insert name of country], or any tax or duty not applicable to this contract or any subcontracts under this contract, pursuant to the laws of [insert name of country]. If any such tax or duty has been included in the contract price, through error or otherwise, the contract price shall be correspondingly reduced.

(2) Taxes imposed under 26 U.S.C. 5000C may not be included in the contract price.

(c) If, after the contract date, the Government of the United States and the Government of [insert name of the foreign government] agree that any tax or duty included in the contract price shall not apply to expenditures by the United States in [insert name of country], the contract price shall be reduced accordingly.

(d) No adjustment shall be made in the contract price under this clause unless the amount of the adjustment exceeds $250.

(End of clause)

52.232-1 Payments. (APR 1984)

52.232-39 Unenforceability of Unauthorized Obligations. (JUN 2013)

52.233-3 Protest After Award. (AUG 1996)

52.233-4 Applicable Law for Breach of Contract Claim. (OCT 2004)

52.244-6 Subcontracts for Commercial Items. (JUN 2020)

52.249-1 Termination for Convenience of the Government (Fixed-Price) (Short Form). (APR 1984)

52.249-8 Default (Fixed-Price Supply and Service). (APR 1984)

52.252-2 Clauses Incorporated by Reference. (FEB 1998)

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