MOD | R | Transportation Environment and Real Estate Request for Proposals

FBO DAILY ISSUE OF AUGUST 19, 2010 FBO #3190
MODIFICATION

R -- Transportation Environment and Real Estate Request for Proposals

Notice Date: 8/17/2010
Notice Type: Modification/Amendment
NAICS: 541620 — Environmental Consulting Services
Contracting Office: Department of Transportation, Federal Highway Administration (FHWA), Office of Acquisition Management, HAAM, Mail Stop E65-101, 1200 New Jersey Avenue, SE, Washington, District of Columbia, 20590
ZIP Code: 20590
Solicitation Number: DTFH61-10-R-00028
Archive Date: 6/4/2010
Point of Contact: Joseph A. Fusari, Phone: 2023664244, Robert G Prior, Phone: 2023664247
E-Mail Address: Joseph.fusari@dot.gov, bob.prior@dot.gov
(Joseph.fusari@dot.gov, bob.prior@dot.gov)
Small Business Set-Aside: N/A
Description: REQUEST FOR PROPOSALS SECTION B SUPPLIES OR SERVICES AND PRICES/COSTS The Federal Highway Administration (FHWA) hereby solicits a 5-year, multiple award, Indefinite Delivery, Indefinite Quantity (ID/IQ) contract under which Fixed Price (FP) and Cost Plus Fixed Fee (CPFF) Task Orders will be issued. NOTE: Award preference will be given to those responsible small businesses that provide quality proposals at fair prices. The FHWA will award contracts to small businesses if possible to do so. If not, then proposals from non-small businesses will be considered. PRICING STRUCTURE Task Quantity Firm Fixed Price Kick-Off meeting 1 ____________ The contractor shall furnish all necessary facilities, materials, equipment, and personnel and shall perform technical, non-personal services necessary for the FHWA, through issuance of Task Orders. FUNDS AVAILABLE The minimum funding guarantee for each contract is $25,000. Each Task Order issued hereunder will be individually funded. The maximum dollar value of all Task Orders will not exceed $16,150,168 over the 5-year period of performance. The contractor agrees that in the event that it fails to make a good faith effort to win Task Orders over the life of the contract that it will forfeit the guaranteed minimum. The maximum value per task area is shown below. [The maximum total value for each contract will be determined by the sum for each task area awarded to each contractor] Task Task Element 5-Year Period Maximum Values A Wetlands, Wildlife Habitat, and other Ecological Resources $1,000,021.00 B Highways and Water Resources $720,729.00 C National Environmental Policy Act and FHWA's Environmental Review Process $5,094,333.00 D Historic and Archeological Preservation and Aesthetics $525,856.00 E Conflict Resolution, Facilitation, and Mediation of Environmental Dispute $481,775.00 F Bicycle and Pedestrian Program $1,000,144.00 G Transportation Air Quality and Noise $2,004,177.00 H Climate Change and Sustainability $2,001,904.00 I Real Property Acquisition under the Uniform Act $1,253,964.00 J Outdoor Advertising Control $537,413.00 K Marketing/Outreach $1,529,852.00 TOTAL: $16,150,168.00 SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK C.1 BACKGROUND The Office of Planning, Environment, and Realty (HEP) serves as FHWA's advocate and national leader for environment protection and enhancement, comprehensive intermodal and multi-modal transportation planning, and for fair and prudent acquisition and management of real property. HEP provides policy and direction in three major areas: transportation planning, natural and human environment and realty. HEP's primary roles include the development of policy, legislation, regulations, guidance, training courses, and advancement of research related to these program areas. This ID/IQ will be utilized by four of the five offices within HEP to support the advancement of program and research activities in eleven different task areas. The previous support services contracts were utilized for a wide range of support activities including: (1) Facilitation of multiple interagency work groups; (2) Development of primer and outreach materials to support Context Sensitive Solutions; (3) Evaluation and dissemination of Conformity Practices; (4) Regional literature survey and distribution Analysis for the Indiana Bat in Northeast United States; and (5) Preparation of Reports to the President on Executive Order 13274. This ID/IQ includes tasks that were previously undertaken within the Real Estate Services ID/IQ that has since expired. The Real Estate Services research includes assessments of potential regulatory changes, developing and refining the future direction of the Right-of-Way Program, initiating and analyzing pilot programs, initiating and reporting on domestic and international scans, and reviewing and analyzing Outdoor Advertising Control strategies. C.2 CONTRACT OBJECTIVE The ID/IQ(s) resulting from this Request For Proposals (RFP) are intended to give the FHWA and its U.S. Department of Transportation (U.S. DOT) partners the flexibility to address a number of issue areas without specifically identifying each required task for the life of the contract. The contract holders will be expected to provide a series of services as needed with a variety of transportation and other expertise. They are expected to be able to organize resources to answer sophisticated research questions that will often be multifaceted and contentious in nature, and provide a broad range of support functions in multiple Task Groups. The objective of this contract is to provide readily available support to the HEP in the following task areas: a. Wetlands, Wildlife Habitat, and other Ecological Resources b. Highways and Water Resources c. National Environmental Policy Act and FHWA's Environmental Review Process d. Historic and Archeological Preservation and Aesthetics e. Conflict Resolution, Facilitation, and Mediation of Environmental Disputes f. Bicycle and Pedestrian Program g. Transportation Air Quality and Noise h. Climate Change and Sustainability i. Real Property Acquisition under the Uniform Act j. Outdoor Advertising Control k. Marketing/Outreach C.3 DEFINITIONS C01: Strategic Highway Research Program 2 Highway Safety Research Project "A Frame- work for Collaborative Decision Making on Additions to Highway Capacity (includes concepts of watershed and habitat preservation and environmental stewardship)" C06-A: Strategic Highway Research Program 2 Highway Safety Research Project "Integrating Conservation, Highway Planning, and Environmental Permitting Using an Outcome-Based Ecosystem Approach" C06-B: Strategic Highway Research Program 2 Highway Safety Research Project "Development of an Ecological Assessment Process and Credits System for Enhancements to Highway Capacity" CAAA: Clean Air Act Amendments (CAAA) of 1990 CEQ: Council on Environmental Quality CEVMS: Commercial Electronic Variable Message Signs CFR: United States Code of Federal Regulations CMAQ: Congestion Mitigation and Air Quality Improvement Program CO: Contracting Officer COTR: Contracting Officer's Technical Representative U.S. DOT: United States Department of Transportation EPA: United States Environmental Protection Agency FHWA: Federal Highway Administration GHG: Greenhouse Gas GIS: Geographical Information System HEP: Federal Highway Administration's Office Planning, Environment & Realty HBA: Highway Beautification Act HUD: United States Housing and Urban Development Agency ID/IQ: Indefinite Delivery/Indefinite Quantity Contract IPCC: Intergovernmental Panel on Climate Change MOVES: United States Environmental Protection Agency's Motor Vehicle Simulator Model MPO: Metropolitan Planning Organization MSAT: Mobile Source Air Toxics NCHRP: National Cooperative Highway Research Program NEPA: National Environment Policy Act OMB: Unites States Office of Management and Budget PEL: Planning and Environmental Linkages ROW: Rights-of-Way SAFETEA-LU: The Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users SHRP2: Strategic Highway Research Program 2 SOW: Statement of Work TM: Task Monitor TOP: Task Order Proposal Uniform Act: Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended C.4 TECHNICAL SUPPORT REQUIREMENTS Specific projects and task orders under the ID/IQ will be determined on an as needed basis by the FHWA. C.5 Kick-off Meeting, The contractor shall attend a Kick-off meeting for approximately 2-6 hours, which will include the following attendees: the contractor's key personnel, including the Program Manager, the Contract Officer's Technical Representative (COTR), and additional FHWA support staff. The purpose of the Kick-off Meeting is to introduce the contractor and Government teams as well as to provide background information, clarify course content issues, define roles and responsibilities, establish timelines and respond to questions. This meeting is generally held at the U. S. DOT Headquarters in Washington D.C., 1200 New Jersey Avenue, S.E., Washington, D.C. 20590. C.6 TECHNICAL SUPPORT REQUIREMENTS The contractors shall provide expertise in the major areas described below under C.7 "Task Areas." In addition, upon award of contract, FHWA shall be able to request an undefined number of hours of effort per year from the contractor. The specific projects to be completed will be determined on an as needed basis by FHWA. C.7 TASK AREAS This section describes the specific task areas to be addressed and the technical skills necessary associated with each task area. Specific work to be performed will be set forth under individual Task Orders. However, Task Orders will generally consist of work in the following areas: A. Wetlands, Wildlife Habitat, and Other Ecological Resources The planning, environmental analysis, construction, use, and maintenance of highway systems have potential primary and secondary impacts on ecosystems. Linear highway projects cross multiple watersheds, wetlands, and important wildlife habitats. Placing highways in river valleys and on drainage boundaries increases the potential for interaction between highway facilities and wetland and wildlife habitat resources, which often follow the same geophysical constraints. The land use changes that often provide the impetus for highway construction or that follow highway construction as a secondary development can generate impacts to habitats in addition to those directly attributable to the highway itself. Known impacts of highways and associated development on ecosystems include direct destruction of wetlands by fill, removal, or alteration of native vegetation, changes in surface and ground water hydrology, vehicle-caused wildlife mortality, fragmentation of wildlife habitat, pollution of waters by highway runoff and alteration or elimination of ecosystem services. The overall objectives for this task is to: (1) Advance planning processes, methods and tools that systematically and effectively avoid and minimize environmental impacts; (2) Develop tools and methods to improve minimization and mitigation management science; and (3) Disseminate guidance and technical assistance to further wetland and stream mitigation, and corridor habitat management utilizing ecological principles. For more background on FHWA's Wetland, Wildlife and Habitat program, please visit the following websites: http://www.fhwa.dot.gov/environment/wetland/index.htm http://www.fhwa.dot.gov/environment/hconnect/index.htm http://environment.fhwa.dot.gov/ecological/eco_entry.asp Task Orders may be issued to include, but are not limited to, the following: • Developing and implementing decision support tools, web-based training and standardized techniques that quickly and effectively assess wetland impacts and evaluate wetland functions • Improving the effectiveness of compensatory mitigation through better techniques of native vegetation and habitat restoration, habitat enhancement, and creation • Enhancing the use of ecosystem service markets as viable, effective, tools of choice in situations where compensatory mitigation is necessary and appropriate • Improving our understanding of transportation system impacts on both endangered species and their habitat and wildlife population viability and habitat connectivity • Developing tools, methodologies, and processes that can lead to faster permitting of projects while maintaining or improving the environment and minimizing additional costs • Rolling out and implementing Strategic Highway Research Program 2 (SHRP 2) "Integrating Conservation, Highway Planning, and Environmental Permitting Using an Outcome-Based Ecosystem Approach" (C06-A) and "Development of an Ecological Process and Credits System for Enhancements to Highway Capacity" (C06-B) products and other SHRP 2 Capacity projects B. Highways and Water Resources The planning for and implementation of highway systems can interact with the nation's water resources in numerous ways. Since all highway sections lie within or cross a watershed, all phases of project development have the potential for impacting both surface and underground water resources. Highway project planning, location, and design activities can greatly influence future uses of water resources in localities by reflecting patterns of growth, secondary development, and water supply distribution. Construction and maintenance activities can have direct impacts to both supply and water quality characteristics of the project area. A variety of impacts are possible, ranging from the erosion of disturbed soils to the chemical pollutants associated with highway maintenance practices. Finally, the operation of highways open to traffic may cause numerous other potential pollution sources created by the chemical and biological contaminants present in roadway storm water runoff. An important benefit of the Federal assistance provided to State and local transportation agencies is the protection of water quality and other watershed values through area-wide and project planning, mitigation and enhancement activities. Provisions of SAFETEA-LU strengthen the emphasis on the environmental aspects of transportation decision making and can lend support to watershed protection and management activities. The SAFETEA-LU act provides Federal-assistance eligibility to projects for environmental restoration and pollution abatement. Projects may include the retrofit or construction of stormwater treatment facilities under the National Highway System and the Surface Transportation Program. The SAFETEA-LU also provides funding for environmental mitigation to address water pollution due to highway runoff under the Transportation Enhancement provisions. Funding is available to lessen the impacts of highway sources on overall watershed water quality problems. Changes due to implementation of watershed-based resource management programs will require continuing research to provide the transportation community with tools for area-wide impact assessment and mitigation techniques. The eventual re-authorization of the Clean Water Act will likely affect transportation development activities by implementing new ways to confront and eliminate pollution of the nation's waters. Implementation of the Total Maximum Daily Load, which is the maximum amount of pollutant that a watershed can receive and still meet water quality standards, is based on watershed management techniques. The National Pollutant Discharge Elimination System Phase II adds additional requirements under a permit program to address stormwater runoff from urbanized areas and construction sites. In particular, water quality and ecosystem protection programs need to be applied on a watershed basis. Therefore, State and local transportation agencies will continue to rely on FHWA's water quality expertise. The overall objectives for this task is to: (1) Showcase best practices in the control of highway storm water runoff; (2) Develop tools and guidance for implementation of best management practices and meeting permit requirements; and (3) Support activities that advance regional watershed planning and investment decision support tools. To view more information about FHWA's Water Resources program activities, please visit: http://www.fhwa.dot.gov/environment/h2o.htm Task Orders may be issued to include, but are not limited to, the following: • Water quality analysis, treatment and management • Water resource evaluation and management • Watershed management • Erosion and sediment control • Policy and regulation analysis • Integration of transportation and watershed planning processes • Economic analysis of storm water treatment options • Water quality assessment methodologies • Water quality treatment system evaluation • Water quality treatment costs C. National Environmental Policy Act and FHWA's Environmental Review Process The National Environment Policy Act (NEPA) requires and the FHWA is committed to the examination and avoidance of potential impacts to the social and natural environment when considering approval of proposed transportation projects. In addition to evaluating the potential environmental effects, FHWA must also take into account the transportation needs of the public in reaching a decision that is in the best overall public interest. The FHWA's NEPA project development process is an approach to balanced transportation decision making that takes into account the potential impacts on the human and natural environment and the public's need for safe and efficient transportation. Planning major transportation projects is extremely complex because of the varying legal, technical, and analytical requirements needed to meet all relevant national and state legal mandates for planning such projects. The FHWA adopted the policy of managing the NEPA project development and decision making process as an "umbrella," under which all applicable environmental laws, executive orders, and regulations are considered and addressed prior to the final project decision and document approval. The overall objectives for this task include: (1) Provide comprehensive technical assistance and project management oversight in the implementation of NEPA and the environmental review process for transportation projects; (2) Develop initiatives that enhance and improve the environmental review process; (3) Document and disseminating case studies and best practices; (4) Advance analytical tools and processes to better link transportation planning and environmental planning and the environmental review processes; and (5) Identify emerging issues and assess options for addressing issue in NEPA. For more background information on FHWA's environmental review process visit: http://environment.fhwa.dot.gov/projdev/index.asp Task Orders may be issued to include, but are not limited to, the following: • Documenting and promoting transportation planning, design, and construction practices that protect and enhance the human and natural environment while addressing the public's need for safe and efficient transportation. • Considering travel and land use forecasting in NEPA • Addressing fiscal stewardship responsibilities and cost estimation techniques • Improving consideration of indirect impacts and cumulative effects on a regional and project level • Pursuing improvement of the quality of NEPA documents • Documenting decision support tools that apply and balance social, environmental and economic factors in transportation decision making • Facilitating effective interagency coordination and consensus building among different stakeholder parties. • Establishing environmental process pilot projects, in conjunction with States • Developing outreach to support, document, and evaluate new CEQ guidance on emerging issues (e.g. climate change, mitigation, and categorical exclusions) • Establishing documentation management plans including project schedules • Providing logistical support in the development of national policy and guidance associated with a transportation reauthorization bill • Supporting Public Private Partnerships and emerging innovative financing methods • Advancing performance measure tools for project and program level analysis • Supporting SHRPII C01, Collaborative Decision-Making Framework and appropriate related research products • Developing programmatic approaches to accelerate, enhance, and integrate environmental decision-making in transportation planning, programming, and the project development process • Developing guidelines, decision-making strategies, analytical tools, and technical assistance to link transportation planning and environmental planning and review processes with state and local transportation and resource agencies. • Promoting Context Sensitive Solution framework for project development through the following: - Technical assistance to projects - Support for the National Program initiatives (i.e. Livability and Sustainability as it applies to NEPA) - Support for the State Programmatic Efforts D. Historic and Archeological Preservation and Aesthetics Historic and archeological preservation research addresses the procedural, technical, and legal issues associated with resource identification, evaluation, and rehabilitation in the highway and transportation context. In addition, research needs to be conducted, and best practices and tool kits need to be developed to promote environmental stewardship and heritage preservation as opposed to mere compliance to Federal and State law. Stewardship can be achieved by integrating historic preservation issues in the planning process conducted at the metropolitan planning organization and statewide levels, and further enhanced by early coordination with Indian Tribal Governments. Historic preservation research must addresses the needs of planners, design engineers and maintenance personnel regarding treatment of historic bridges and roadways recognized as having historic values in their own right. Landscapes are also being increasingly recognized as important from an historic or cultural perspective. The role the roadway plays in the landscape and the influence the landscape has on design changes to the transportation system are not clearly understood. More and more people are visiting historic and scenic areas and using scenic and historic byways to get there. New methods and techniques must be developed to maintain operations and preserve the historic and scenic values. Section 106 of the National Historic Preservation Act requires Federal agencies to consult with Indian tribal governments concerning properties of religious and cultural significance regardless of their location to determine if Section 106 protections apply. The overall objectives for this task are to: (1) Develop tools to assist States in meeting their Section 106 consultation requirements in a streamlined fashion; (2) Identify and disseminate best management practices in the protection of historic and archeological resources; and (3) Support the development methodologies to identify and evaluate the historic values of cultural resources. For more information about FHWA's Historic and archeological preservation program, please visit: http://environment.fhwa.dot.gov/histpres/index.asp. Task Orders may be issued to include, but are not limited to: • Providing the tools necessary to streamline technical and procedural requirements • Developing training and educational materials, including pamphlets, websites, webinars, workshops, peer exchanges and informational meetings • Identifying "best management practices," and ways to better and more efficiently coordinate the sharing of information • Developing methodologies to assist state and local transportation managers in identifying and evaluating the historic values of their bridges • Identifying the critical engineering problems facing prolonged use of the bridge; and how to preserve, rehabilitate, and restore historic bridges • Evaluating the nature of the resource base of bridge types within each state and within the region including broader scale studies of bridge builders and construction modifications; • Identifying methods and techniques to identify and evaluate critical historic and engineering values of transportation-related structures and facilities along roads • Targeting the development of tools to support maintenance personnel (i.e. structures and cultural practices of roadside maintenance • Assisting States in minimizing the impact to our nation's historic and archaeological resources while emphasizing avoidance • Identifying the different visual impact evaluation methods and their associated assessment techniques E. Conflict Resolution, Facilitation, Mediation of Environmental Disputes Federal agencies continually face the challenge of meeting their environmental management goals and protecting the environment, while also meeting their Federal agency responsibilities and the interests of the public. Conflicting priorities can escalate to disruptive conflict, with associated cost and schedule delays, lost opportunities, or even litigation. As detailed in the U.S. Office of Management and Budget (OMB)/CEQ on Environmental Conflict Resolution (ECR) Policy Memo dated 11/28/2005, Federal departments/agencies are directed to increase the effective use of environmental conflict resolution and to build institutional capacity for collaborative problem solving in order to prevent or reduce environmental conflicts and generate opportunities for constructive collaborative problem solving when appropriate. The ECR involves neutral third-party assisted conflict resolution and collaborative problem solving in the context of environmental, public lands or natural resources issues or conflicts. Approaches such as facilitation, mediation, or conflict assessment can allow stakeholders to reach a mutually satisfactory agreement, save time, and avoid many of the costs of traditional legal proceedings. The FHWA continually looks for mechanisms and opportunities to support the use of environmental conflict resolution with our transportation partners. The FHWA continues to promote the use of qualified neutrals as a means of helping to meet project schedules and deadlines. The primary objective if this task is to provide the FHWA access to facilitators/mediators for project level needs. The services to be provided to the FHWA are needed in a very timely manner to facilitate issues and situations causing conflicts and project delays related to the transportation project development process. To view information about FHWA's environmental conflict resolution activities, please visit: http://environment.fhwa.dot.gov/strmlng/es2conflict.asp. Task Orders may be issued to include, but are not limited to, the following: • Assessing conflict situations • Identifying and using appropriate collaborative or conflict resolution processes • Facilitators conflict resolution on transportation projects) • Conducting training on collaborative problem solving techniques • Integration of transportation and watershed planning processes • Economic analysis of storm water treatment options • Water quality assessment methodologies • Water quality treatment system evaluation • Water quality treatment costs F. Bicycle and Pedestrian Program The FHWA's Bicycle and Pedestrian program oversees funding programs (i.e., Transportation Enhancements, Recreational Trails, and the Non-motorized Transportation Pilot Program), develops research on walking and bicycling issues, develops guidance related to walking and bicycling, and develops outreach materials for transportation agencies and the public. Key audiences for the Bicycle and Pedestrian Program include State and local managers (e.g., the State Bicycle/Pedestrian Coordinators and State Transportation Enhancement Managers), planners, safety engineers, researchers, walking and bicycling advocates, health professionals, and the general public. Materials developed for the FHWA Bicycle and Pedestrian Program are typically disseminated through the FHWA sponsored National Bicycle and Pedestrian Clearinghouse (currently called the Pedestrian Bicycle Information Center). The U.S. DOT's Livability Initiative and the U.S. DOT-Housing and Urban Development (U.S. HUD)-Environmental Protection Agency (U.S. EPA) Partnership for Sustainable Communities has brought about a new emphasis on walking and bicycling as transportation choices. The overall objectives for this task are to: (1) improve data collection for walking and bicycling; (2) disseminate best practices for the planning, design, and funding for bicycle/pedestrian facilities; (3) examine the health and environmental benefits of walking and bicycling; and (4) outreach on funding programs that support walking and bicycling. For additional information please go to the FHWA website at http://www.fhwa.dot.gov/environment/bikeped/index.htm. Please also refer to the FHWA-sponsored clearinghouse on walking and biking at http://www.pedbikeinfo.org/. Task Orders may be issued to include, but are not limited to: • Conducting research related to data collection (e.g., walking and bicycling counts) and estimating non-motorized trips (e.g., for transportation modeling) • Conducting research and outreach identifying best practices for planning, design, and funding for bicycle/pedestrian facilities • Conducting research and outreach aimed at quantifying the health and environmental benefits of walking and bicycling • Conducting research and outreach related to eligible activities for the Recreational Trails Program • Conducting research and outreach related to projects that are eligible categories under Transportation Enhancement Activities G. Transportation Air Quality and Noise Transportation Air Quality The Clean Air Act Amendments (CAAA) of 1990 significantly elevated the importance of understanding the relationship between the transportation improvements and their air quality impacts. Emphasis on modeling and analytic compliance was significantly increased especially in Transportation Conformity on transportation plans and projects in air quality nonattainment and maintenance areas. The analyses require continuous improvements to travel, emission, and dispersion modeling that better meet our analytical needs. There is also a need to translate state-of-the-art research into effective policies that further integrate transportation and air quality and maximize the emission reduction potential of transportation projects and programs. The overall objectives for this task are: (1) evaluate important relationship between transportation improvements and the air quality; (2) evaluate existing and develop new modeling and analytic techniques for emissions and air quality analysis; (3) support effective policy development that further integrate transportation and air quality decision making; and (4) provide information and technical guidance to Federal, State, and local officials as well as the public at large on the new requirements and methods for compliance. Additional information is available at http://www.fhwa.dot.gov/environment/aqupdate/index.htm. Task Orders may be issued to include, but are not limited to, the following: New and Revised National Ambient Air Quality Standards Tasks to be included under this subject area include: • Documenting and sharing best practices of meeting Clean Air Act requirements, including transportation conformity and air quality planning with new nonattainment areas • Understanding new requirements that will have significant impact on the transportation program (e.g. impacts of near roadway monitoring and identifying precursors that contribute to multi-pollutants) • Researching transportation sources and transportation control measures effectiveness, including co-benefits among different pollutants • Researching new and innovative approaches that are beneficial to air quality improvement including noise walls and roadside vegetation impacts on air quality; impacts of increased bicycle and pedestrian and other livability initiatives on air quality • Conducting research and documenting health implications of the new air standards and the relationship to vehicular emissions Reauthorization Tasks to be included under this subject area include: • Assessing legislative requirements and develop format and template for annual Report-to-Congress covering the Congestion Mitigation and Air Quality (CMAQ) Improvement Program • Post-reauthorization, assess the operational effectiveness of a newly legislated sub-allocated CMAQ program, including redistribution of State-by-State obligations and overall rate of usage • Developing policy and technical analysis tools to assist implementation of potential changes in the transportation and air quality area New Models and Analytical Tools Tasks to be included under this subject area include: • Conducting research on the model sensitivities of the U.S. EPA's Motor Vehicle Emissions Simulator (MOVES) model • Assessing data collection issues and techniques especially for freight and truck • Developing a tool box such as data processors, fact sheets, data conversion methodologies for the application of the MOVES model, for both regional and project level analysis • Conducting research related to the application of air quality dispersion models • Conducting research in the application of MOVES to support categorical hotspot findings Mobile Source Air Toxics (MSAT) • Developing analytical tools to estimate MSAT, including research on state of the practice methodologies in assessment of emissions at the project level • Conducting risk assessment and uncertainty analysis • Developing potential new and innovative approaches as well as traditional strategies in mitigating MSAT emissions. Highway Traffic Noise The National Environmental Policy Act (NEPA) of 1969 provides broad authority and responsibility for evaluating and mitigating adverse environmental effects including highway traffic noise. The NEPA directs the Federal government to use all practical means and measures to promote the general welfare and foster a healthy environment. A more important Federal legislation which specifically involves abatement of highway traffic noise is the Federal-Aid Highway Act of 1970. This law mandates FHWA to develop noise standards for mitigating highway traffic noise. The law requires promulgation of traffic noise-level criteria for various land use activities. The law further provides that FHWA not approve the plans and specifications for a federally aided highway project unless the project includes adequate noise abatement measures to comply with the standards. The FHWA has developed and implemented regulations for the mitigation of highway traffic noise in federally-aided highway projects. The FHWA regulations for mitigation of highway traffic noise in the planning and design of federally aided highways are contained in Title 23, U.S. CFR, Part 772. The regulations require the following during the planning and design of a highway project: • Identification of traffic noise impacts • Examination of potential abatement measures • The incorporation of reasonable and feasible noise mitigation measures into the highway project • Coordination with local officials to provide helpful information on noise compatible planning The regulations contain noise abatement criteria which represent the upper limit of acceptable highway traffic noise for different types of land uses and human activities. The regulations do not require that the abatement criteria be met in every instance. Rather, they require that every reasonable and feasible effort be made to provide noise mitigation when the criteria are approached or exceeded. Compliance with the noise regulations is a prerequisite for the granting of Federal-aid highway funds for construction or reconstruction of a highway. Additional information on the FHWA noise program is available at http://www.fhwa.dot.gov/environment/noise/. Task Orders may be issued to include, but are not limited to, the following: • Providing the guidance documents, white papers, brochures and educational materials necessary to streamline technical and procedural requirements • Developing training and educational materials, including pamphlets, websites, webinars, workshops, peer exchanges and informational meetings • Identifying best management practices and ways to better and more efficiently coordinate the sharing of information • Developing methodologies to assist state and local transportation managers in identifying and evaluating the highway traffic noise, construction noise, noise compatible planning concepts, livability initiatives, and quieter pavement technologies • Developing enhancements to traffic noise prediction H. CLIMATE CHANGE AND SUSTAINABILITY As concentrations of greenhouse gases in the atmosphere increase, the greenhouse effect intensifies resulting in an increase in the average temperature of the Earth, as well as an increase in temperature extremes and variability across regions. According to the Intergovernmental Panel on Climate Change (IPCC), based on historical evidence, physical measurements, and scientific studies, the world has already begun to see increases in average air and ocean temperatures, melting snow and ice, and rising sea levels. For the 100-year period ending in 2005, global surface temperatures increased by 0.74 degrees centigrade and the rate of warming in the second half of the century was twice that of the first half indicating that climate change is accelerating. Many factors, both natural and man-made, can influence the climate and cause it to change. However, an increasing scientific consensus has emerged that the current changes in the climate are the result of emissions of greenhouse gases from human activity since the beginning of the industrial age. The effects of climate change are difficult to predict with certainty, but are potentially very serious. Although many of the effects may take 50 to 100 years or longer to occur, they could dramatically change the way future generations live. The IPCC notes that many impacts can be "avoided, reduced, or delayed" by cutting emissions: http://www.ipcc.ch/. Projected negative impacts over the century identified by the IPCC include: • Sea Level Rise • More Extreme Weather • Health Issues • Biological Diversity • Agricultural Production • Water Supply • Northwest Passage (Negative/Positive Impact) Climate change effects could impact transportation systems and would likely vary by region. Potential negative implications include physical impacts to infrastructure, effects on operations, or the need for design changes to adapt to different climatic variables: • Sea Level Rise • Increases in Storm Intensity • Temperature Rise • Increases in Storm Surge Effects Adaptation to climate change would be necessary even if drastic mitigation measures were taken immediately to stabilize or even eliminate greenhouse gas (GHG) emissions (IPCC 2007). The effects of global climate changes as warming temperatures and sea level rise occurring today reflect emissions of GHGs released into the atmosphere over the past century. Because of these long-lasting effects, the actions taken by transportation professionals today have implications for how the transportation system will respond to climate change in the near and long terms. Furthermore, the need for more efficient and more flexible transportation systems to support our economy and our quality of life continues to outpace our ability to provide them. At the same time, climate change, energy security, diminishing natural resources, and questions about long term transportation financing raise concerns about the long-term viability of our current approaches to building and maintaining transportation infrastructure. The principles of sustainability are used in many other building and construction industries in order to demonstrate commitments to environmental goals and cost savings to society and organizational budgets. However, these principles are not widely understood or used in transportation project development and implementation. Task Orders may be issued to include, but are not limited to, the following: Climate Change Mitigation • Improving the understanding of the transportation community about opportunities and strategies to reduce Greenhouse Gas Emissions (GHG) emissions including carbon sequestration and cap-and-trade options • Developing and improving analytic methods to measure transportation GHG reductions • Producing memos and reports on options and opportunities to use transportation Rights-of-Way (ROWs) for carbon sequestration • Producing memos and reports on cap and trade schemes and their implications for transportation and finance • Evaluating climate change legislative proposals. Climate Change Adaptation • Incorporating information on climate change effects consideration into transportation decision making, policies, procedures and practices • Providing information to inform discussions about updates to design and materials specifications • Developing long range weather assumptions relevant to the transportation sector • Developing risk assessment and management tools and processes • Analyzing transportation decision-making processes (regional planning, state level planning, project level planning, and including adaptation options) to identify where and how questions tied to climate change adaptation should be addressed • Assisting the FHWA in implementing activities tied to adaptation across multiple offices within the FHWA, including planning, asset management, NEPA, and Operations Sustainable Transportation • Improving the understanding of sustainable transportation principles, criteria and practices; • Developing and improve technical abilities to implement sustainable principles and practices • Promoting understanding and education between the FHWA and its partner on sustainable transportation • Identifying, apply, and disseminate sustainable practices that are relevant to multiple decision-making processes and various aspects of the project development cycle I. Real Property Acquisition under the Uniform Act The FHWA conducts a variety of research to improve government wide implementation of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (Uniform Act), the Highway Beautification Act, and applicable regulations including 23 CFR, Parts 710,750,751 and 49 CFR, Part 24. The FHWA has a unique responsibility to provide stewardship and leadership for the implementation of the Uniform Act to both Federal agencies and State Departments of Transportation. As Lead Agency for the implementation of the Uniform Act, the FHWA develops policies and procedures, regulations and informational materials to ensure that the public receives constitutionally guaranteed just compensation and relocation assistance in a timely, efficient and uniform manner. In connection with real estate acquired for federal-aid projects and programs by state departments or local public agencies, the FHWA has responsibility for developing policies and procedures, regulations and informational material to ensure that the process for acquisition, as well as the subsequent management and disposition, meets applicable Federal requirements. The FHWA also develops policies and procedures, regulations and informational materials to ensure and promote effective control of outdoor advertising on controlled routes in compliance with the Highway Beautification Act. For more information on FHWA's real estate acquisition and outdoor advertising control programs visit the program offices website: http://www.fhwa.dot.gov/realestate/index.htm. A primary focus of the FHWA's current research efforts will be to identify opportunities to streamline the process necessary to acquire right-of-way and to provide effective control of outdoor advertising. Another focus area of the FHWA's research efforts will be to identify, develop, and promote those new and/or innovative uses of right-of-way that support Federal leadership in environmental, energy, and economic performance and the FHWA's initiatives. Task Orders may be issued to include, but are not limited to, the following: • Conducting research into use of visualization technologies • Conducting research into improvement of Federal Land transfer process • Develop methods to promote use of Geographical Information System (GIS) in right-of-way. This includes marketing and promoting the National Cooperative Highway Research Program (NCHRP) study on GIS in right-of-way, NCHRP 08-55A. Develop methods to identify and act on opportunities for pilot implementation of GIS in right-of-way • Conducting research into standardizing and improving implementation of voluntary acquisition provision • Developing Uniform Act Real Estate/right-of-way course(s) • Conducting research into benefits and costs of alternative uses of right-of-way aimed at identifying opportunities to support FHWA and Presidential initiatives • Developing guidance materials which support effective and efficient management and or disposal of properties and property rights • Developing and implementing plans for enhancement and improvement of annual statistical collection • Researching actual costs business incurs as a result of moving for a Federal Aid project • Identifying benefit shortfalls and developing suggested improvements which would ensure that businesses are able to successfully relocate • Promoting and implementing findings from International Scan (2008) • Assisting in developing local public agency stewardship tools and outreach/marketing efforts. • Conducting programmatic research J. Outdoor Advertising Control and Legislative and Policy Analysis The FHWA develops policies and procedures, regulations and informational materials to ensure and promote effective control of outdoor advertising on controlled routes by State DOTs and local governments in compliance with the Highway Beautification Act Title 23, U.S.C. 131, and applicable regulations including Title 23 CFR, Parts 710, 750, 751, and 752. A primary focus of the FHWA's current research efforts will be to identify opportunities to provide more effective control of outdoor advertising. More information on FHWA's responsibilities in implementing the Highway Beautification Act is found at http://www.fhwa.dot.gov.gov/realestate/out_ad.htm. Task Orders may be issued to include, but are not limited to, the following: • Identifying research, recommending, promoting and implementing findings from International Scan(2010) • Recommending and developing implementation plans for Commercial Electronic Variable Message Signs (CEVMS) research findings and the development of guidance materials and in outreach/marketing efforts • Identify researching and recommending efforts to improve program efficiency and effectiveness Legislative and Policy Analysis • Analyzing the process and performance of all transportation acquisition and land use activities in complex contexts • Formulating process improvement alternatives and evaluate alternative actions through pilot programs • Developing short term and long range performance improvement programs for State and Local Public transportation agencies • Analyzing the cost, benefits, and impacts of proposals that support legislative and policy right-of-way initiatives (Such analysis shall be designed to provide technical assistance for implementation of future FHWA federal-aid reauthorizations.) • Defining and evaluating common and distinguishing elements between FHWA regulations and State legislation relating to the Uniform Act and the Uniform Standards of Professional Appraisal Practice • Identifying and evaluating positive and negative aspects of various legislative and policy related groups and constituencies • Surveying Federal agency offices that implement the Uniform Act for acquisition or management of real property K. Marketing/Outreach The FHWA needs to market, communicate, and disseminate program and research information to a wide variety of national transportation stakeholders and partners. A broad range of strategies, techniques, and training mechanisms will need to be employed to ensure information effectively reaches the FHWA customers in all of the Task groups listed above (A-J). Task Orders may be issued to include, but are not limited to, the following: • Creating/ Maintaining website(s) including: o Social networking outlets, o List servers o Blogs • Producing marketing materials including: o Brochures o Pamphlets o Outdoor advertising o Educational materials o Publications o Video o Photography • Creating/Updating workshops, peer reviews, webinars, conferences, teleconferences, informational meetings, and/or symposiums • Promoting communications/materials between the FHWA and its partners • Distributing documents/marketing materials between the FHWA and its partners Demonstration projects • Conducting scans that review document literature relating to best practices and innovative efforts, documenting findings, and disseminating results • Assisting in the development of annual report on Uniform Act implementation. • Assisting in the development and facilitation of meetings with partners, prepare materials for meetings, handle travel arrangements, write up reports, and perform duties associated with these tasks • Assisting in developing and implementing implementation plan and activities for 2008 and 2010 international scans on Right-of-Way and Outdoor Advertising Control • Assisting in development of resource material to support implementation of program initiatives. • Providing technical assistance to FHWA, State DOT's, MPOs and Federal Agencies with development of Uniform Act informational resources C.8 SPECIFICATIONS FOR DELIVERABLES: Applicable reports shall be prepared in accordance with the "Guidelines for Preparing Federal Highway Administration Publications" (which can be viewed at: http://www.fhwa.dot.gov/legsregs/directives/orders/h17104.htm). Specifically, the contractor shall provide the government with the following for each report developed under this contract: (1) An executive summary under separate cover; An executive summary may be required as a convenience to the readers depending on the requirements of individual Tasks Orders. (2) An electronic version of the report (files in Quark Express, or Adobe products) with GPO Form 952 OR a printed version of the report; A camera-ready copy (a publication term used to define the finished manuscript, including all art work (illustrations, photographs, charts, or tables) ready for printing by photographic or other means. (3) A completed ITS Electronic Clearinghouse Document Profile Sheet. This profile must be completed to ensure all reports are properly indexed for storage and retrieval. (4) A Complete Technical Report Documentation Page, form DOT F 1700.7 (8-72), which is located via the Internet at: http://staffnet.fhwa.dot.gov/informs/adobeforms/dot17007.pdf. This form is necessary to ensure all reports are entered into the National Technical Information Service database. (5) 508 Compliance (Only for Web related deliverables): All web related electronic documents that are prepared shall meet the requirements of Section 508 of the Rehabilitation Act. The act requires that all electronic products prepared for the Federal Government be accessible to persons with disabilities, including those with vision, hearing, cognitive, and mobility impairments. One can view Section 508 of the Rehabilitation Act (http://www.access-board.gov/508.htm) and the Federal IT Accessibility Initiative (Home Page) (http://section508.gov/) for detailed information. SECTION D - PACKAGING AND MARKING D.1 PACKAGING Preservation, packing, and packaging of items for shipment shall be in accordance with commercial practice 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 in accordance with U.S. Postal Guidelines and include the company name, this contract and Task Order number, and (when appropriate), the item identification, quantity of items, and notice of partial or final delivery. SECTION E INSPECTION AND ACCEPTANCE E.1 Accessibility of Electronic and Information Technology Each Electronic and Information Technology (EIT) product or service furnished under this contract shall comply with the Electronic and Information Technology Accessibility Standards (36 CFR 1194), as specified in the contract as a minimum. If the Contracting Officer determines any furnished product or service does not comply with the contract, the contractor will be so notified in writing, and prompt corrective action shall be taken in accordance with the Inspection clause of the base contract. E.2 work hereunder, including the annual report, shall be subject to review and acceptance by the Government. 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address: http://www.arnet.gov/far/ All work hereunder shall be subject to review by the Government. Acceptance of the final report shall be made in writing by the Contracting Officer. 52.246-2 Inspection of Supplies - Fixed-Price. (AUG 1996) 52.246-4 Inspection of Services - Fixed-Price. (AUG 1996) 52.246-5 Inspection of Services - Cost-Reimbursement (APR 1984) 52.246-16 Responsibility for Supplies (APR 1984) SECTION F - DELIVERIES OR PERFORMANCE F.1 PERIOD OF PERFORMANCE The period of performance for ordering under this contract is five years from contract award. Task Orders may be issued up to the final day within the period of performance provided that they can be completed within 12 months past the period of performance. All Task Orders not completed may be reissued to a follow-on contractor, unless it is deemed to be in the best interests of the Government to allow the outgoing contractor to continue performance until completion at the sole discretion of the Contracting Officer. Performance shall begin on the effective date of the contract. The period of performance for a specific Task Order will be determined prior to the effective date of the Task Order. All work and services required hereunder including preparation and submission of final reports shall be completed within each Task Order's period of performance. F.2 USE OF DELIVERABLES Items developed and delivered under this Contract are the property of the Government. These include all source code, executables, technical approaches, and formats. The contractor shall allow free and unconditional use of these items, including distribution to other parties and the public for perpetuity. F.2.1 Deliverables: All work produced must meet the standards for electronic deliverables. In accordance with FAR 52.227-14 (DEC 2007) The Federal Government will have unlimited rights in all data first produced in the performance of this contract and all other data delivered under this contract. The contractor will grant to the Government, and others acting on its behalf, a paid-up, nonexclusive, irrevocable worldwide license for products completed under this contract, to reproduce, prepare derivative works, distribute copies to the public, perform publicly and display publicly, by or on behalf of the Government. F.3.2 All publications funded by FHWA must show the proper departmental "mark and signature" on the front cover, title page, and (space permitting) the spine. Internet documents must show the mark and signature at the beginning of the document or on the document's "cover" page. The full "mark and signature" must be used, which includes the DOT mark (the triskelion), the Department's name, and the Administration's name. The Administration's name must appear in bold typeface. The logo may be reproduced in any color that is appropriate to the color themes of the publication, as long as the elements of the color used allow for sufficient contrast to read and understand the sign and accompanying text. The "same color is used for the entire "mark and signature (logo), including the DOT/FHWA names. The only exception to the one-color rule is the use of DOT blue (Pantone 285) for the triskelion, and black for the text. No other two-color combinations can be used. The logo may not be rearranged, altered, added to, or edited. If the publication is a jointly prepared document, the FHWA logo must appear if FHWA has contributed to the publication. Logos from other DOT modes or Federal agencies may appear along with the FHWA logo on jointly prepared publications. If another agency is a co-author, then that agency's seal or logo should appear to the right or directly below the FHWA logo. Original publication must adhere to generally accepted "Standard Printing Practices" acknowledged by the printing industry. FHWA as a government agency uses the Microsoft Operating System (OS). Other operating systems, including Macintosh/Apple are not acceptable as final deliverables. Please deliver all work in MS OS editable file formats. FHWA supports only Adobe InDesign and PageMaker for print job purposes. It does NOT support Quark Express, MS Publisher, or any other layout/design software for final print jobs. Graphics to be included in print publications should not be embedded in the design software (i.e. Adobe InDesign, etc.). All graphic elements must be linked from a separate "links" (or other suitably named) folder. Photographs and other graphic elements must be a minimum of 300 dpi for standard print jobs. Photos and other images should be displayed in a publication at the same size (or smaller) than the physical size of the element. Enlarging raster images will cause pixilation. Color used in full-color (process) production must be in CMYK-not RGB. All fonts and graphics must be included in the final deliverable. A separate list of all fonts and linked graphics must accompany the deliverable for printer identification. All illustrations are to be done as vector drawings, and all final design and layout deliverables from contractors must include all original source files in their native software configuration. As with all layout publications, original vector artwork that includes text must also include the original fonts used in the element. Adobe Illustrator is the preferred choice for vector drawings, and Adobe InDesign the accepted choice for print layout applications. Adobe PDFs as a substitute for originals are NOT acceptable and should never be used as a final deliverable without the accompanying original files. In the case that final deliverables include layered raster elements, the original layered version of the element is to be included in the final deliverables statement. The preferred software for layered raster elements is Adobe Photoshop (.psd), or Adobe Fireworks (.png-layered). The final electronic files for printing shall be delivered to the FHWA on CD-ROMs, or other acceptable media to be determined and agreed upon. The disk shall include all necessary files for producing the printed document, and be accompanied by the standard GPO Form 952, Desktop Publishing----Disk Information. F.2.3 All electronic and information technology (EIT) procured through this contract must meet the applicable accessibility standards at 36 CFR 1194, unless an agency exception to this requirement exists. 36 CFR 1194 implements Section 508 of the Rehabilitation Act of 1973, as amended. EIT is defined as any equipment or interconnected system or subsystem of equipment that is used in the creation, conversion, or duplication of data or information, or used in the automatic acquisition, storage, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information. EIT includes, but is not limited to, telecommunications products (such as telephones), information kiosks and transaction machines, World Wide Web sites, multimedia, office equipment such as copiers and fax machines. It includes computers, ancillary equipment, software, firmware and similar procedures, services (including support services), and related resources. The contractors must ensure that all EIT that they provide either (1) meets the technical provisions of the Section 508 Access Board Standards applicable to a given procurement [see below] or (2) uses designs or technologies as alternatives to those prescribed in the specified technical provisions, provided they result in substantially equivalent or greater access to and use of a product for people with disabilities. The following standards have been determined to be applicable to this contract: 1194.22 Web-based intranet and internet information and applications. 1194.24 Video and multimedia products. 1194.31 Functional performance criteria. 1194.41 Information, documentation, and support. Note: The standards do not require the installation of specific accessibility-related software or the attachment of an assistive technology device, but merely require that the EIT be compatible with such software and devices so that it can be made accessible if so required by the agency in the future. All deliverables for posting on the World Wide Web must conform to the Minimum Requirements for FHWA Web Pages. Deliverables will be evaluated for Section 508 compliance. Non-conforming deliverables will be returned to the contractor to be brought into conformance at the contractor's expense. F.2.4 FHWA minimum standards for web page development are: • FHWA Web Pages will be encoded to conform to HTML 4.01 Transitional or higher, as defined by the World Wide Web Consortium. • File names will not exceed 20 characters in length. File names will be lower case, consist solely of letters, numbers and the underscore and will not contain slashes, spaces, tildes or hyphens. File extensions are to be 3 characters or less whenever possible (i.e..htm instead of.html). • All web pages will have a title in the head section of HTML documents. The title should be unique (to the server), brief, and descriptive - not to exceed 150 characters in length. • Web pages must be free of broken links or missing images. All links to pages within the server will be relative. • Web pages posted on the public Internet will have a standard header and footer. Web pages posted on StaffNet will use the standard templates. • FHWA web pages will comply with Section 508 web accessibility standards as established by the Architectural Transportation Barriers Compliance Board. • All textual files posted on the FHWA Internet server will be available in HTML format. All other formats (PDF, Word, Excel, PowerPoint, etc.) will have HTML equivalents. • The bodies of web pages will use sans-serif fonts, e.g., Arial or Helvetica. • Internet web pages will feature "exit doors" on links to non-government web sites (anything other than a federal, state or local governments). • All entry point web pages on the Internet will feature a privacy policy statement (or a link to the Agency privacy policy statement on the main server). F.3 FORMAT FOR DELIVERABLES At a minimum, the contractor shall provide all report deliverables in camera-ready hard copy and an electronic copy in Microsoft Office 2007 or equivalent on a CD-ROM(s). In addition, electronic files containing the word processing, graphic, and table data may be required as deliverables for individual Task Orders. The contractor shall establish electronic file transfer capabilities such that correspondence and deliverables can be communicated electronically to the appropriate FHWA Program Office. F.3.1 All publications funded by the FHWA must show the proper departmental "mark and signature" on the front cover, title page, and (space permitting) the spine. Internet documents must show the mark and signature at the beginning of the document or on the document's "cover" page. The full "mark and signature" must be used, which includes the DOT mark (the triskelion), the Department's name, and the Administration's name. The Administration's name must appear in bold typeface. The logo may be reproduced in any color that is appropriate to the color themes of the publication, as long as the elements of the color used allow for sufficient contrast to read and understand the sign and accompanying text. The "same color is used for the entire "mark and signature (logo), including the DOT/FHWA names. The only exception to the one-color rule is the use of DOT blue (Pantone 285) for the triskelion, and black for the text. No other two-color combinations can be used. The logo may not be rearranged, altered, added to, or edited. If the publication is a jointly prepared document, the FHWA logo must appear if FHWA has contributed to the publication. Logos from other DOT modes or Federal agencies may appear along with the FHWA logo on jointly prepared publications. If another agency is a co-author, then that agency's seal or logo should appear to the right or directly below the FHWA logo. F.3.2 Original publication must adhere to generally accepted "Standard Printing Practices" acknowledged by the printing industry. FHWA as a government agency uses the Microsoft Operating System (OS). Other operating systems, including Macintosh/Apple are not an acceptable format as final deliverables. Please deliver all work in MS OS editable file formats. FHWA supports only Adobe InDesign and PageMaker for print job purposes. It does NOT support Quark Express, MS Publisher, or any other layout/design software for final print jobs. Graphics to be included in print publications should not be embedded in the design software (i.e. Adobe InDesign, etc.). All graphic elements must be linked from a separate "links" (or other suitably named) folder. Photographs and other graphic elements must be a minimum of 300 dpi for standard print jobs. Photos and other raster images should be displayed in a publication at the same size (or smaller) than the physical size of the element. Enlarging raster images will cause pixilation. Color used in full-color (process) production must be in CMYK-not RGB. All fonts and graphics must be included in the final deliverable. A separate list of all fonts and linked graphics must accompany the deliverable for printer identification. All illustrations are to be done as vector drawings, and all final design and layout deliverables from contractors must include all original source files in their native software configuration. As with all layout publications, original vector artwork that includes text must also include the original fonts used in the element. Adobe Illustrator is the preferred choice for vector drawings, and Adobe InDesign the accepted choice for print layout applications. Adobe PDFs as a substitute for originals are NOT acceptable and should never be used as a final deliverable without the accompanying original files. In the case that final deliverables include layered raster elements, the original layered version of the element is to be included in the final deliverables statement. The preferred software for layered raster elements is Adobe Photoshop (.psd), or Adobe Fireworks (.png-layered). The final electronic files for printing shall be delivered to the FHWA on CD-ROMs, or other acceptable media to be determined and agreed upon. The disk shall include all necessary files for producing the printed document, and be accompanied by the standard GPO Form 952, Desktop Publishing----Disk Information. F.3.3 FHWA minimum standards for web page development are: • FHWA Web Pages will be encoded to conform to HTML 4.01 Transitional or higher, as defined by the World Wide Web Consortium. • File names will not exceed 20 characters in length. File names will be lower case, consist solely of letters, numbers and the underscore and will not contain slashes, spaces, tildes or hyphens. File extensions are to be 3 characters or less whenever possible (i.e..htm instead of.html). • All web pages will have a title in the head section of HTML documents. The title should be unique (to the server), brief, and descriptive - not to exceed 150 characters in length. • Web pages must be free of broken links or missing images. All links to pages within the server will be relative. • Web pages posted on the public Internet will have a standard header and footer. Web pages posted on StaffNet will use the standard templates. • FHWA web pages will comply with Section 508 web accessibility standards as established by the Architectural Transportation Barriers Compliance Board. • All textual files posted on the FHWA Internet server will be available in HTML format. All other formats (PDF, Word, Excel, PowerPoint, etc.) will have HTML equivalents. • The bodies of web pages will use sans-serif fonts, e.g., Arial or Helvetica. • Internet web pages will feature "exit doors" on links to non-government web sites (anything other than a federal, state or local governments). • All entry point web pages on the Internet will feature a privacy policy statement (or a link to the Agency privacy policy statement on the main server). F.4 SOURCE CODE FOR SOFTWARE Delivery of all source code for all software developed under this contract will be in both electronic and paper format or as detailed in the respective Task Order. F.6 PLACE OF DELIVERY Correspondence for the Contracting Officer's Technical Representative (COTR), one electronic copy of the monthly reports, and deliverables under this contract shall be delivered to the following address: Federal Highway Administration Office of Planning Environment and Realty, 1200 New Jersey Avenue SE Washington, D.C. 20590 Room: [_____] Attention: OR to: [_____]@dot.gov Other deliverables, including delivery information, will be identified in individual Task Orders. All deliverables shall be transmitted under a transmittal letter. Correspondence for the Contact Specialist, one copy of all transmittal letters, and one copy of the monthly report, shall be delivered to the following address: Federal Highway Administration Office of Acquisition Management 1200 New Jersey Avenue, SE Washington, D.C. 20590 Attention: [_____] OR to: [_____] F.7 SCHEDULE OF WORK All tasks set forth in the statement of work shall be performed in accordance with the work schedule as negotiated in each individual Task Order. SECTION G CONTRACT ADMINISTRATION DATA G.1 TASK ORDER PROCEDURE All funds expended under this contract shall be incurred, accounted for, and invoiced under individual Task Orders. It is likely that Task Orders will be partially funded initially, and then incrementally funded thereafter as they are needed and become available to the program office. It is the Government's intent to provide all contractors awarded a contract under this solicitation a fair opportunity to be considered for each proposed Task Order in the topic awarded. The Government expects to issue a solicitation for a Task Order proposal to each eligible contractor asking for a technical proposal and pricing information. However, the Government may issue Task Orders on a non-competitive basis or limited competitive basis as may be appropriate and authorized by law. The Contracting Officer will select the offer that is considered most advantageous to the Government considering technical merit of each proposal, key personnel, cost, and past performance on other Task Orders. Task Order solicitations will specify the evaluation criteria that will be utilized together with a statement of the relative importance of each criterion. The selection of a contractor to perform a Task Order is generally not subject to protest. Each Task Order will provide specific information on the work to be performed, the objectives or results desired, a period of performance, deliverables, pricing and other terms specific to the individual Task Order. The work shall be conducted by the contractor on an as needed basis, within the scope of the contract. The exact nature and extent of the contractor's work under this contract will be based upon written Task Orders developed by the Government. Once work is identified, the Government will issue a Request for Task Order Proposal. Such requests will be issued electronically. The contractor shall submit to the Contracting Officer a Task Order Proposal (TOP) within the time specified for submission. Task Order proposals will normally be submitted electronically and will typically contain: 1. Discussion of the technical approach for performing the work. 2. Period of Performance and Schedule of Work. 3. Estimated level of effort, types of staffing and number of hours, including those in (5) below. 4. Travel, per diem, equipment and materials estimates. 5. An estimate for subcontractors and consultants, including direct labor hours and cost information if applicable. 6. Fixed prices 7. Key personnel with their resumes. 8. Experience and past performance. The cost for the preparation and submittal of the TOP is the responsibility of the contractor. If the contractor is not able, or does not wish, to compete for a specific task order it must so state in writing to the Contracting Officer in lieu of a TOP. However, contractors are strongly encouraged to make every effort to explore teaming, subcontracting, or other arrangements so as to be able to propose on every offered task order. Failure to make reasonable efforts to propose on each solicitation issued will be considered under the past performance evaluation factor during source selection. G.2 TASK ORDER AWARD The Contracting Officer may enter into negotiations with those contractors submitting a TOP, and may request a revised TOP, as the situation may warrant. The Government will evaluate each TOP in accordance with the stated evaluation criteria, and will award the Task Order to the contractor who offers the best value to the Government. Upon mutual agreement of the parties as to the work to be performed, the schedule, and the pricing, the FHWA will issue a Task Order. The contractor shall acknowledge acceptance of the Task Order and shall immediately proceed with the conduct of the work. Task Orders will contain the following information: 1. Name and signature of the Contracting Officer. 2. Contract Number, Task Order number and Task Order effective date. 3. A description of the task including deliverables. 4. Accounting and appropriation data. 5. The negotiated fixed prices. 6. Document and reporting requirements, as applicable 7. Delivery or performance schedule. 8. Key Personnel 9. Billing information G.3 AGENCY TASK ORDER OMBUDSMAN The Contracting Officer's selection decision on each Task Order request shall be final and is not subject to protest, except for a protest that the Task Order increases the scope, period, or maximum value of the contract. Accordingly, in accordance with FAR 16.505 (b) (5), an ombudsman has been appointed to hear and facilitate the resolution of contractor's concerns resulting from task order award. The existence of the ombudsman does not diminish the authority of the Contracting Officer. Further, the ombudsman does not participate in the evaluation of the proposals or the adjudication of formal contract disputes. Therefore, before consulting with the ombudsman, interested parties must first address their concerns, issues, disagreements, and/or recommendations to the Contracting Officer for resolution. If the Contracting Officer cannot make resolution, interested parties may contact the FHWA ombudsman, Ms. Patricia Prosperi, at the following address: Ms. Patricia A. Prosperi Associate Administrator for Administration/Agency Competition Advocate HAD-1 1200 New Jersey Avenue, SE Washington, DC 20590 E-mail: administration.fhwa@dot.gov G.4 TRAVEL AND PER DIEM Travel and per diem will be reimbursed in accordance with the Federal Acquisition Regulation and the Federal Travel Regulations in effect at the time of the travel. Task Orders will include an estimated cost for travel on a not to exceed basis. Travel reimbursed under this contract shall be based on the most economical form of transportation available only. Any costs deemed unreasonable will be reduced to a reasonable amount. Improper costs will be disallowed and deducted from the invoice. Any exceptions shall be fully justified and if at all possible, be approved in advance by the Contracting Officer. All travel shall be scheduled sufficiently in advance to take advantage of available discount rates. Travel requirements shall be met using the most economical form of transportation available. This includes using connecting rather than direct flights, and reasonable efforts to insure the most economical flights are secured. Simply relying on a travel agent may not be sufficient. If economy class transportation is not available, the invoice must include justification for use of higher class travel indicating dates, times, and flight numbers. Information on current Federal Travel Regulations and current per diem rates may be obtained at the following web site: http://www.gsa.gov/portal/category/21287 If the contractor purchases non-refundable tickets as a cost saving measure, and then is required to change or cancel the tickets due to causes beyond their control, the contractor may claim reimbursement for service charges. Unused tickets paid for by the Government must be sent promptly to the Contracting Officer, unless it is likely they can be reissued for a later trip and the company maintains an adequate accounting system to protect the tickets from misuse, and insures the Government will not be billed for the subsequent trip. Complete justification and accounting must be provided with the invoice. Saturday night stay over are not required to take advantage of lower fares, but if the traveler chooses to stay over, the Government will reimburse the contractor for the additional lodging and per diem expenses if the reduced cost of the airline ticket offsets these expenses. Complete justification and accounting must be provided with the invoice. Use of a rental car shall always be justified, and their use is to be the exception rather than the rule. Alternate methods of local travel shall be used whenever possible, such as hotel or airport shuttles and taxis. If using a rental car, your justification must include the distance from the airport to the hotel and then to the training site. Also the name, phone number, and cost of a shuttle service/taxi, or statement that none are available. Remember, the Government is only obligated to pay reasonable costs, and without proper justification, charges will be reduced or eliminated as being unreasonable. Personal convenience or "club" membership is not a justification for higher airfares, rental cars, or the choice of airlines or hotels. The contractor shall always attempt to receive the Government rate for auto rentals and hotel rooms. Authorization letters will be issued to travelers upon request. G.5 CONTRACTING OFFICER'S TECHNICAL REPRESENTATIVE (COTR) The Contracting Officer will designate a Technical Representative (COTR) for each contract to assist in monitoring the work under the contract as well as the Task Orders issued there under. The COTR is responsible for the technical administration of the contract and technical liaison with the contractor. The COTR is NOT authorized to change the statement of work, to make any commitments or otherwise obligate the Government or authorize any changes which affect the contract price, delivery schedule, period of performance or other terms or conditions of the contract. The Contracting Officer is the only individual who can legally commit or obligate the Government for the expenditure of public funds, award, modify or terminate a contract or Task Order. The technical administration of this contract shall not be construed to authorize the revision of the terms and conditions of this contract. If the contractor receives direction from anyone other than the Contracting Officer it believes will affect the terms, conditions, schedule or pricing, it shall not proceed with such direction. The contractor shall discuss its reservations with the COTR, and if the issues cannot be resolved, then it shall notify the contracting officer who will resolve the matter. G.6 TECHNICAL DIRECTION Performance of the work under this Task Order is subject to the Technical Direction of the COTR. The term "Technical Direction" is defined to include, without limitation, the following: a. Directions to the contractor which redirects the effort, 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 Task Order. The COTR does not have the authority to, and may not issue any Technical Direction that: (i) constitutes an assignment of additional work outside the general scope of the base contract; (ii) constitutes a change as defined in the base contract clause entitled "Changes"; (iii) in any manner causes an increase or decrease in the prices set forth in Section B; or (iv) changes any of the expressed terms, conditions or specifications of the Task Order. All Technical Direction must be issued in writing, or shall be confirmed in writing by the COTR 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 COTR is within one of the proscribed categories in (i) through (iv) 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 base contract clause entitled "Disputes." G.7 KEY PERSONNEL As part of its contract proposal and each Task Order proposal, the contractor shall designate a Project Manager and other personnel deemed by the contractor to be essential to the successful completion of the contract/Task Order. These individuals will be listed in the contract/task order as Key Personnel. In the event any of the Key Personnel are unable to perform as proposed for any reason during the performance of the contract/Task Order, the contractor shall immediately notify the COTR and Contacting Officer in writing. Such notice will include an explanation of the problem, a proposed replacement by someone of equal or better qualifications and experience, and shall explain the impact on performance. All replacements are subject to the prior written approval of the Contracting Officer. However, the Government reserves the right to approve such replacements retroactively when circumstances prevent advance approval. G.8 MONTHLY PROGRESS REPORT The contractor shall furnish an electronic copy (in Microsoft Office 2007 or equivalent) of a monthly letter-type progress report to the Contract Specialist and the Contracting Officer's Technical Representative, with each monthly invoice, but no later than the 10th of the month following the calendar month being reported. Each report shall contain concise statements covering the following: Summary level for all tasks (#1-3): 1. Budget and scheduling information including the date each work order was initiated, the estimated completion date, original estimate of resources needed/planned (labor hours and costs, travel costs and Other Direct Costs (ODC)); a tabulation of resources expended that month; a tabulation of cumulative total-to-date resources expended; and a comparison of percentage of resources planned, to resources expended, to resources needed to complete the work, and clearly identify any projected overrun of resources. The contractor shall also clearly identify any projected overruns for any and all task orders. 2. A description of any contract problem encountered or anticipated that will affect the completion of the contract within the time and fiscal constraints as set forth in the contract, together with recommended solutions to such problems; or, a statement that no problems were encountered. 3. Any contract improvement recommendations. Task by task basis (#4-8): 4. A clear and complete account of the work performed on each task and an outline of the work to be accomplished during the next report period. 5. Budget and scheduling information including the date each work order was initiated, the estimated completion date, original estimate of resources needed/planned (labor hours and costs, travel costs and ODC); a tabulation of resources expended that month; a tabulation of cumulative total-to-date resources expended; and a comparison of percentage of resources planned, to resources expended, to resources needed to complete the work, and clearly identify any projected overrun of resources. 6. A description of any Task Order problem(s) encountered or anticipated that will affect the completion of the contract within the time and fiscal constraints as set forth in the Task Order, together with recommended solutions to such problems: or, a statement that no problems were encountered. 7. A chart showing current and cumulative expenditures by tasks versus planned expenditures, and percentage of work completed. 8. Any task order improvement recommendations. NOTE: Individual Task Orders may require additional monthly reporting requirements. If so, that information will be delineated in the Task Order. G.9 ANNUAL REPORT The contractor shall furnish 1 hard copy of a letter-type annual report to the Contracting Officer and 1 electronic copy (in Microsoft Office 2007 or equivalent) to the Contracting Officer's Technical Representative on or before 60 calendar days before the end of each contract year. The annual report shall contain a discussion of the activities conducted during the period being reported, a financial summary for the reporting period, and an assessment of the progress made toward achieving the objectives of the contract. The report will also contain a discussion of problems encountered or anticipated that might affect performance during the following year, and recommend solutions to such problems. The annual report will be used by the COTR as part of the annual performance review. The contractor shall revise staffing, work assignments, and financial controls, as needed, based on annual performance reviews. G.10 PERFORMANCE REVIEW MEETINGS As required by the COTR or Contracting Officer, the contractor shall meet with the COTR and/or Contracting Officer and other interested parties to discuss current operational considerations, when requested. G.11 REPORTS OF PROBLEMS In addition to the monthly progress reports and performance review meetings specified above, the contractor shall bring actual or potential problems to the attention of the COTR and Contract Specialist as soon as they are known. Oral reports shall be followed by written reports within 10 working days, or as directed by the COTR or Contract Specialist. G.12 FUNDS AVAILABLE The clause entitled "LIMITATION OF FUNDS" applies to this contract. The clause "LIMITATION OF FUNDS" and "LIMITATION OF COST" applies to each Task Order as applicable. Any notification required on the part of the contractor shall be made in writing to the Contracting Officer. In the event that the contract is not funded beyond the estimated cost set forth in the schedule, the contractor shall deliver to the Contracting Officer the data collected and the material produced or in process or acquired in connection with the performance of the project provided herein together with a summary report electronically of its progress and accomplishments to date. a. Currently funds in the amount of ________ total are obligated to this contract. b. Funds will be obligated as each task order is issued. All work is to be performed under each fully executed Task Order. G.13 PAYMENT a. For each fixed price task order, the Government shall pay the contractor the fixed price specified in the task order. Payment shall be made upon review and written acceptance of the fixed price deliverable(s) by the Government. b. For cost reimbursable task orders, the contractor may be reimbursed for the direct productive labor hours, up to but not exceeding, those specified under the SECTION B schedule. The contractor may also be reimbursed for direct and indirect costs incurred in the performance thereof as are allowable under the provisions of Subpart 31.2, 31.3, 31.6, or 31.7 <as applicable> of the Federal Acquisition Regulation in the not-to-exceed amount listed under the SECTION B schedule, subject to the Limitation of Funds Clause. c. For cost reimbursable tasks, each monthly interim payment request shall be supported by a statement of costs incurred by the contractor in the performance of this contract and claimed to constitute allowable costs. These payments shall be made after receipt of a proper request by the designated billing office. Any payments hereunder will be made upon determination by the Contracting Officer that the requirements of the contract are being met. d. Final invoice payment shall be made upon the Contracting Officers determination that all requirements of the contract have been completed. The payment due date for final invoice shall be established in compliance with the clause 52.232-25. e. Each monthly interim payment request and the final invoice shall be submitted in accordance with the format contained in the attached "The FHWA Billing Instructions for Cost-Reimbursement Contracts" to be considered proper for payment. Prior approval of the Contracting Officer is required if the contractor wishes to use a different format. G.15 LABOR ESCALATION Labor rates for all personnel billed under this contract shall incorporate an aggregate salary escalation not to exceed [_____] per year, during the period of performance. G.16 BILLING RATES The provisional labor and indirect rates negotiated under this contract for billing purposes shall remain in effect until revised rates have been approved in writing by the Contracting Officer. The contractor shall request new provisional billing rates in writing, no more frequently than semi-annually. Such request shall delineate the current and proposed rates to be used, along with the proposed effective date of new rates. G.17 PAYMENT The contractor may invoice for the line items stated in Section B of this Task Order, plus any allowable cost reimbursable travel and per diem expenses. Invoices shall be submitted original to one of the addresses stated below plus an email copy to the COTR at [_______]@dot.gov. The contractor shall refer to the clause 52.232-25 Prompt Payment of the original contract for instructions on submitting invoices. The Fixed Fees may be invoiced upon successful completion of each deliverable. The contractor is cautioned that to be considered proper and preserve your rights to timely payment or interest penalties, a proper invoice includes the following information: 1. Name of the business concern, invoice date, and number (sequential numbering of invoices under each Task Order is preferable). 2. Task Order number 3. Service being invoiced 4. Amount of current invoice 5. Signature of an authorized official, certifying that the invoiced amounts are proper. 6. Taxpayer Identification Number The cumulative amount billed to date, and supporting documentation for travel and per diem or other reimbursable costs should be displayed on subsequent pages of the invoice. INVOICES FAILING TO FOLLOW THESE INSTRUCTIONS ARE NOT PROPER FOR PAYMENT AND WILL BE RETURNED FOR CORRECTION. Invoices submitted for this task order shall not contain cost from other contracts or task orders. The contractor shall submit all invoices to one of the following addresses: All invoices and required supporting documents should be sent via e-mail to the following address: 9-AMC-AMZ-FHWA-Invoices@faa.gov. (a) Include the invoice as an attached PDF document (b) Include the following in the e-mail subject line: (i) Invoice Number (ii) Task Order Number (iii) Name of your Company/Organization. (iv) Attention: [_____] Example: Invoice No. 35 - DTFH61-09-D-00001 - ABC Company - Attention: [_____] If the invoice and supporting documents exceed 8 MB as an e-mail attachment, you must select one of the other submission options presented below: Invoices submitted via an overnight service must use the following physical address: MMAC FHWA/AMZ-150 6500 S. MacArthur Blvd Oklahoma City, OK 73169 Attention: [_____] Express Delivery Point of Contact: Heather Pitt, 405-954-9579 Invoices may be submitted via regular U.S. Postal Service to the following address: Federal Highway Administration Markview Processing P.O. Box 268865 Oklahoma City OK 73126-8865 Attention: [_____] All invoices, regardless of submission method, must identify the Contracting Officer as the invoicing point of contact. Since it is necessary for you to go to the GSA per diem web page to ascertain the correct hotel and M&I expense rates, it would be very helpful to our review and approval process to include a copy of the web page, with the applicable per diem line highlighted. Payments may be delayed when we cannot determine from the invoice which rate applies, and thus cannot approve the invoice without going back to the contractor for more information SECTION H - SPECIAL CONTRACT REQUIREMENTS H.1 CONTRACT START UP The contactor shall be prepared to accept and respond to Task Order RFP's upon the effective date of the contract. H.2 PROCUREMENT AUTHORITY The Federal Highway Administration, Office of Acquisition Management, is the only agency that is authorized to place orders under this contract, or to modify, suspend or terminate this contract. The Contracting Officer is the only individual within FHWA authorized to perform this function. H.3 NONPERSONAL SERVICES CONTRACT This contract is a "nonpersonal services contract" as defined FAR Section 37.101. It is understood and agreed that the contractor and its employees, consultants and subcontractors: 1. Shall perform the services specified herein as independent contractors, not as employees of the Government; 2. Shall be responsible for their own management and administration of the work Required, and bear sole responsibility for complying with all technical, schedule, or financial requirements or constraints attendant to the performance of this contract; 3. Shall be free from any direct or indirect supervision or control by any government employee, however. 4. Shall, pursuant to the government rights under contract clauses such as "Inspection," and "Key Personnel" comply with such general direction of authorized Government employees as is necessary and appropriate to ensure accomplishment of the contract requirements and objectives. H.4 GOVERNMENT FURNISHED PROPERTY Any Government Furnished Property provided for the performance of this contact shall be accounted for as provided in Transportation Acquisition Regulation Subpart 1245.5. H.5 ACCESS TO SENSITIVE INFORMATION BY CONTRACTOR EMPLOYEES Work under this contract may involve access to sensitive information, which shall not be disclosed by the contractor unless authorized by the contracting officer. To protect sensitive information, the contractor shall provide training to any contractor employee authorized access to sensitive information and, upon request of the Government, provide information as to an individual's suitability to have such authorization. The contractor employees found by the Government to be unsuitable or whose employment is deemed contrary to the public interest or inconsistent with the best interest of national security, may be prevented from performing work under the particular contract when requested by the contracting officer. The contractor shall ensure that contractor employees are: (1) citizens of the United States of America or an alien who has been lawfully admitted for permanent residence or employment (indicated by immigration status) as evidenced by Immigration and Naturalization Service documentation; and (2) have background investigations in accordance with DOT Order 1630.2B, Personnel Security Management. The contractor's employees may be required to sign the Confidentiality Statement (Attachment #5). The contractor shall include the above requirements in any subcontract awarded involving access to Government facilities, sensitive information, and/or resources. H.6 TASK ORDER PREPARATION COSTS This contract will not include a separate administrative task to cover the costs of bidding on Task Orders. Offerors are to handle such costs in accordance with their disclosure statements/cost accounting system. H.7 LIMITATION OF FUTURE CONTRACTING It is required by the parties of this contract that the contractor will be restricted in its future contracting with the Government, for any service or product which may encompass hardware or software product development for commercial purposes, participation in other research and development contract, and operational testing partnership arrangements which are a result of policy analyses research particular to this contract. Accordingly, the contractor shall be ineligible to perform the work described as a prime contractor, subcontractor or consultant, or in any capacity to any supplier under an ensuing Government contract. Such restrictions shall remain in effect for 3 years following the completion date of this contract. H.8 PROTECTION OF INFORMATION AND LIMITATION OF FUTURE CONTRACTING a. It is anticipated that in performance of this contract, the contractor may require access to, or receipt of, information and data relating to FHWA's plans, programs, technical requirements, and budgetary matters, and such other information, the disclosure of which may give competitive advantage to recipients or would be adverse to the interests of the Government. b. The contractor shall not disclose such information acquired to anyone, other than those contractor, subcontractor, or consultant personnel performing work under this contract, without the prior written consent of the Contracting Officer, until such time as the Government may have authorized the release of such information and data to the public. c. To the extent that the work under this contract requires access to proprietary, business confidential, or financial data of other companies, and as long as such data remains proprietary or confidential, the contractor shall protect such data from unauthorized use and disclosure and agrees not to use it to compete against such companies. d. It is anticipated that during performance of this contract, the contractor may be issued Task Orders involving technical evaluations of other contractor's offers or products. FAR 9.505-3 provides that contracts shall not generally be awarded to a contractor that would evaluate, or advise the Government concerning, its own products or activities, or those of a competitor, without proper safeguards to ensure objectivity and protect the Government's interest. These safeguards will be accomplished by restricting future contracting with the Government, as delineated below. e. FHWA will not unilaterally disclose to the contractor any proprietary information furnished by domestic or foreign participants in FHWA's programs. If the contractor requires access to such information in performance of this contract, an agreement concerning release and restrictions on the use of such data must be sought by the contractor with the source of the data. f. It is required by the parties of this contract, that the contractor will be restricted in its future contracting with the Government, for any service or product which may encompass information acquired under items a and c above that is not publicly available and could give a competitive advantage to the contractor or would be adverse to the interests of the Government. Accordingly, the contractor shall be ineligible to perform as a prime contractor, subcontractor or consultant, or in any capacity to any supplier under an ensuring Government contract. Any questions on this matter shall be immediately addressed to the Contracting Officer. g. These restrictions do not limit the contractor's right to use and disclose any information and data obtained from another source without restriction. h. The contractor agrees to train its employees who will have access to such sensitive information in all necessary security procedures and required them to sign non-disclosure statements and certificates attesting to their understanding of the requirements for safeguarding such information. i. In the event that the contractor fails to comply with this provision of the contract, the Government may terminate the contract for default. j. The contractor shall include this provision, including this paragraph, in all subcontracts and consultant agreements for performance of work under this contract unless excused in writing by the Contracting Officer. H.9 SUB-CONTRACTING APPROVAL The contractor is required to obtain the Contracting Officer's approval prior to engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under, or relating to, this contract. The contractor (and any sub-contractor) is required to abide by Government and Agency guidance for protecting sensitive and proprietary information. 1252.245-70 GOVERNMENT PROPERTY REPORTS (OCT 1994) (a) The contractor shall prepare an annual report of Government property in its possession and the possession of its subcontractors. (b) The report shall be submitted to the Contracting Officer not later than September 15 of each calendar year on Form DOT F 4220.43, contractor Report of Government Property. H.10 POST AWARD EVALUATION OF CONTRACTOR PERFORMANCE a. Contractor Performance Evaluations Annual and final evaluations of contractor performance will be prepared on this contract/task order in accordance with FAR 42.15. The final performance evaluation will be prepared after completion of all work. Annual and final evaluations will be provided to the contractor as soon as practicable after completion of the evaluations. The contractor can elect to review the evaluation and submit additional information or a rebuttal statement within thirty days. Contractor response is voluntary. Any disagreement between the parties regarding an evaluation will be referred to a Reviewing Official at a level above the Contracting Officer, whose decision is final. 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. b. Electronic Access to Contractor Performance Evaluations The Department of Transportation currently utilizes the National Institutes of Health (NIH) Contractor Performance System (CPS) to record and maintain past performance information. NIH reached a decision to not revamp the CPS and to officially end service to all customers on September 30, 2010. The DOT is in the process of transitioning to the Contractor Performance Assessment Reporting System (CPARS) on October 1, 2010. The contractor shall identify an individual who has authorized access to the evaluation for review and comment to serve as its primary contact. In addition, the contractor shall identify a secondary contact responsible for notifying the Contracting Officer in the event the primary contact is unavailable to process the evaluation within the required 30-day time period. The Contracting Officer will register the contract in CPARS and assign roles for the contractor and Contracting Officer Technical Representative in CPARS. A system generated e-mail from CPARS will be sent to both individuals notifying them of their roles and the contract/task order number registered in CPARS. Complete registration and user procedures will be provided once CPARS is available to the agency. SECTION I - CONTRACT CLAUSES I.1. 52.202-1 Definitions. (JUL 2004) I.2. 52.203-3 Gratuities. (APR 1984) I.3. 52.203-5 Covenant Against Contingent Fees. (APR 1984) I.4. 52.203-6 Restrictions on Subcontractor Sales to the Government. (SEP 2006) I.5. 52.203-7 Anti-Kickback Procedures. (JUL 1995) I.6. 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity. (JAN 1997) I.7. 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity. (JAN 1997) I.8. 52.203-12 Limitation on Payments to Influence Certain Federal Transactions. (SEP 2007) I.9. 52.203-14 Display of Hotline Poster(s). (DEC 2007) I.10. 52.204-1 Approval of Contract (DEC 1989) I.11. 52.204-2 Security Requirements (AUG 1996) I.12. 52.204-4 Printed or Copied Double-Sided on Recycled Paper. (AUG 2000) I.13. 52.204-7 Central Contractor Registration (APR 2008) I.14. 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (Jul 2010) I.15. 52.209-6 Protecting the Governments Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (SEP 2006) I.16. 52.215-2 Audit and Records - Negotiation. (JUN 1999) I.17. 52.215-8 Order of Precedence--Uniform Contract Format. (OCT 1997) I.18. 52.215-11 Price Reduction for Defective Cost or Pricing Data - Modifications (OCT 1997) I.19. 52.215-13 Subcontractor Cost or Pricing Data - Modifications (OCT 1997) I.20. 52.219-19 Notifications of Ownership Changes (OCT 1997) I.21. 52.215-21 Requirements for Cost or Pricing Data or Information Other Than Cost or Pricing Data--Modifications. (OCT 1997) I.22. 52.216-18 Ordering. (OCT 1995) a Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from date of award through 60 months after award. b All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of a conflict between a delivery order or task order and this contract, the contract shall control. c If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods. I.23. 52.216-22 Indefinite Quantity. (OCT 1995) Insert "72 months after date of award" at the end of the clause. I.24. 52.216-25 Contract Definitization (OCT 1997) I.25. 52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns (JUL 2005) I.26. 52.219-8 Utilization of Small Business Concerns. (MAY 2004) I.27. 52.219-16 Liquidated Damages - Subcontracting Plan (JAN 1999) I.28. 52.219-28 Post Award Small Business Program Rerepresentation (JUN 2007) I.29. 52.222-3 Convict Labor. (JUN 2003) I.30. 52.222-21 Prohibition of Segregated Facilities. (FEB 1999) I.31. 52.222-26 Equal Opportunity. (MAR 2007) I.32. 52.222-35 Equal Opportunity for Special Disabled Veterans and Veterans of the Vietnam Era and Other Eligible Veterans (SEP 2006) I.33. 52.222-36 Affirmative Action for Workers with Disabilities. (JUN 1998) I.34. 52.222-37 Employment Reports on Special Disabled Veterans and Veterans of the Vietnam Era and other Eligible Veterans (SEP 2006) I.35. 52.222-38 Compliance with Veterans' Employment Reporting Requirements (DEC 2001) I.36. 52.222-50 Combating Trafficking in Persons (AUG 2007) I.37. 52.222-54 Employment Eligibility Verification I.38. 52.223-5 Pollution Prevention and Right-to-Know Information (AUG 2003) I.39. 52.223-6 Drug-Free Workplace. (MAY 2001) I.40. 52.223-10 Waste Reduction Program (AUG 2000) I.41. 52.223-14 Toxic Chemical Release Reporting. (AUG 2003) I.42. 52.224-1 Privacy Act Notification. (APR 1984) I.43. 52.224-2 Privacy Act. (APR 1984) I.44. 52.225-13 Restrictions on Certain Foreign Purchases (JUN 2008) I.45. 52.227-1 Authorization and Consent. (DEC 2007) I.46. 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement (DEC 2007) I.47. 52.227-14 Rights in Data - General. (DEC 2007) I.48. 52.227-16 Additional Data Requirements (JUN 1987) I.49. 52.227-19 Commercial Computer Software - Restricted Rights. (DEC 2007) I.50. 52.228-5 Insurance-Work on a Government Installation (JAN 1997) I.51. 52.228-7 Insurance - Liability to Third Persons (MAR 1996) I.52. 52.229-3 Federal, State, and Local Taxes. (APR 2003) I.53. 52.232-1 Payments. (APR 1984) I.54. 52.232-8 Discounts for Prompt Payment. (FEB 2002) I.55. 52.232-17 Interest (JUN 1996) I.56. 52.232-23 Assignment of Claims. (JAN 1986) I.57. 52.232-25 Prompt Payment. (OCT 2003) I.58. 52.232-33 Payment by Electronic Funds Transfer -- Central Contractor Registration. (OCT 2003) I.59. 52.233-1 Disputes. (JUL 2002) I.60. 52.233-3 Protest after Award. (AUG 1996) I.61. 52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004) I.62. 52.237-2 Protection of Government Buildings, Equipment, and Vegetation (APR 1984) I.63. 52.242-13 Bankruptcy. (JUL 1995) I.64. 52.242-17 Government Delay of Work (APR 1984) I.65. 52.243-1 Changes - Fixed-Price. (AUG 1987) Alternate II (APR 1984) I.66. 52.243-2 Changes - Cost Reimbursement. (AUG 1987) Alternate I (APR 1984) I.67. 52.244-6 Subcontracts for Commercial Items (MAR 2007) I.68. 52.246-25 Limitation of Liability--Services (FEB 1997) I.69. 52.248-1 Value Engineering (FEB 2000) I.70. 52.249-2 Termination for Convenience of the Government (Fixed-Price) (MAY 2004) I.71. 52.249-2 Excusable Delays (APR 1984) I.72. 52.249-8 Default (Fixed-Price Supply and Service) (APR 1984) I.73. 52.252-2 Clauses Incorporated by Reference (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at either of these addresses: http://www.dot.gov/ost/m60/ or http://www.arnet.gov/far/ I.74. 52.253-1 Computer Generated Forms (JAN 1991) DEPARTMENT OF TRANSPORTATION ACQUISITION REGULATION (48 CFR 12) CLAUSES I.75. 1252.223-71 Accident and Fire Reporting (APR 2005) I.76. 1252.223-73 Seat Belt Use Policies and Programs (APR 2005) I.77. 1252.237-70 Qualifications of Contractor Employees (APR 2005) I.78. 1252.237-72 Prohibition on Advertising (JAN 1996) I.79. 1252.242-71 Contractor Testimony (OCT 1994) I.80. 1252.242-72 Dissemination of Contract Information (OCT 1994) I.81. 1252.245-70 Government Property Reports (OCT 1994) I.82. FRAUDULENT LETTERS *****ALERT**** FRAUDULENT CCR LETTERS*********** Recently, U. S. Department of Transportation (DOT) contractors and potential contractors have received fraudulent letters purporting to be issued by DOT. Often the letters have been signed by "John Duncan, Senior Procurement Officer". These fraudulent letters request that current or potential contractors resubmit their Central Contractor Registration System (CCR) banking information to DOT. If you receive such a letter, please DO NOT complete the requested CCR worksheet that is attached to the letters and DO NOT release any information to the facsimile number cited in the letter. Please be aware that no Federal agency requires any confidential information to be submitted to verify CCR registration. The CCR is a legitimate government system. However, to register, contractors should go directly through the CCR website and never through a third party. There is no requirement to send information directly to any Federal agency. For information on how to register in the CCR, please visit website http://www.ccr.gov/. The point of contact concerning these fraudulent letters is the DOT Office of the Inspector General. You should call their hotline at 1-800-424-9071. I.83 FH.1 Printing Restrictions All printing funded by this agreement must be done in conformance with Joint Committee on Printing regulations as prescribed in Title 44, United States Code, and Section 308 of Public Law 101-163, and all applicable Government Printing Office and Department of Transportation regulations. I.84 Final Invoice The final invoice, if more than one invoice is submitted, or the only invoice submitted for this order is to be marked "FINAL INVOICE" on its face. I.85 Contractor Policy to Ban Text Messaging While Driving a) Definitions. The following definitions are intended to be consistent with the definitions in DOT Order 3902.10 and the E.O. For clarification purposes, they may expand upon the definitions in the E.O. "Driving"- (1) Means operating a motor vehicle on a roadway, including while temporarily stationary because of traffic, a traffic light, stop sign, or otherwise. (2) It does not include being in your vehicle (with or without the motor running) in a location off the roadway where it is safe and legal to remain stationary. "Text messaging" means reading from or entering data into any handheld or other electronic device, including for the purpose of short message service texting, e-mailing, instant messaging, obtaining navigational information, or engaging in any other form of electronic data retrieval or electronic data communication. (See definition in DOT Order 3902.10) (b) In accordance with Executive Order 13513, Federal Leadership on Reducing Text Messaging While Driving, October 1, 2009, and DOT Order 3902.10, Text Messaging While Driving, December 30, 2009, contractors and subcontractors are encouraged to: (1) Adopt and enforce workplace safety policies to decrease crashes caused by distracted drivers including policies to ban text messaging while driving-- (i) Company-owned or -rented vehicles or Government-owned, leased or rented vehicles; or (ii) Privately-owned vehicles when on official Government business or when performing any work for or on behalf of the Government. (2) Conduct workplace safety initiatives in a manner commensurate with the size of the business, such as- (i) Establishment of new rules and programs or re-evaluation of existing programs to prohibit text messaging while driving; and (ii) Education, awareness, and other outreach to employees about the safety risks associated with texting while driving. (c) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts that exceed the micro-purchase threshold, other than subcontracts for the acquisition of commercially available off-the-shelf items. (End of clause) SECTION J - LIST OF ATTACHMENTS SOLICITATION ATTACHMENTS A. Standard Form LLL, Disclosure of Lobbying Activities http://www.forms.gov/bgfPortal/citizen.portal?_nfpb=true&portlet_1_1_actionOverride=/portlets/eFormSearch/formDetailsAction&portlet_1_1documentNum=12781 B. Past Performance Questionnaire - 2 pages SECTION K - REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF OFFERORS OR QUOTERS K.1 52.204-8 Annual Representations and Certifications (JAN 2005) (a) (1) If the clause at 52.204-7, Central Contractor Registration is included in this solicitation, paragraph (b) of this provision applies. (2) If the clause at 52.204-7 is not included in this solicitation, and the offeror is currently registered in CCR, and has completed the ORCA electronically, the offeror may choose to use paragraph (b) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes: [ ] (i) Paragraph (b) applies. [ ] (ii) Paragraph (b) does not apply and the offeror has completed the individual representations and certifications in the solicitation. (b) The offeror has completed the annual representations and certifications electronically via the Online Representations and Certifications Application (ORCA) website at http://orca.bpn.gov. After reviewing the ORCA database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. FAR Clause # Title Date Change ____________ _________ _____ _____________ Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on ORCA. K. 2 FEDERAL PROCUREMENT DATA Please provide the information requested below: a. DUNS Number: ________________________+ 4__________ b. Taxpayer Identification Number: ________________________ c. Home Office Congressional District _______________________ Business size & type [e.g. HubZone, SDVOSB, WOSBC etc.] ________________________ K.3 52.219-1 Small Business Program Representations. (OCT 2000) Alternate I (OCT 2000) (a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 541611. (2) The small business size standard is $7 million. (3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees. K.4 1252.237-71 CERTIFICATION OF DATA (JAN 1996) (a) The offeror represents and certifies that to the best of its knowledge and belief, the information and/or data (e.g., company profile; qualifications; background statements; brochures) submitted with its offer is current, accurate, and complete as of the date of its offer. (b) The offeror understands that any inaccurate data provided to the Department of Transportation may subject the offeror, its subcontractors, its employees, or its representatives to: (1) prosecution for false statements pursuant to 18 U.S.C. 1001 and/or; (2) enforcement action for false claims or statements pursuant to the Program Fraud Civil Remedies Act of 1986, 31 U.S.C. 3801-3812 and 49 CFR Part 31 and/or; (3) termination for default under any contract resulting from its offer and/or; (4) debarment or suspension. (c) The offeror agrees to obtain a similar certification from its subcontractors. Signature:__________________________Date:_______________________________ Typed Name and Title:___________________________________________________ Company Name:_________________________________________ This certification concerns a matter within the jurisdiction of an agency of the United States and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under Title 18, United States Code, Section 1001. K.5 Representation of Compliance with the Electronic and Information Technology Accessibility Standards ___ No compliance and there is no expectation of compliance. ___ Eventually will be made compliant, but does not comply now. ___ Somewhat compliant (%), and no expectation of full compliance. ___ Partially compliant (%), with progress toward full compliance. ___ Fully compliant. Equivalent Facilitation: People with disabilities [ ] are [ ] are not provided substantially equivalent or greater access to and use of items provided through use of designs or technologies other than those prescribed in 36 facilitation CFR Part 1194. If equivalent, explain which features or components use equivalent and how it provides substantially equivalent or greater access. The contractor shall indicate, for each line item in the schedule, whether each product or service is compliant or noncompliant with the accessibility standards at 36 CFR 1194. Further, the proposal must indicate where full details of compliance can be found (e.g., vendor's website or other exact location). K. 6 52.223-13 Certification of Toxic Chemical Release Reporting AUG 2003 (a) Executive Order 13148, of April 21, 2000, Greening the Government through Leadership in Environmental Management, requires submission of this certification as a prerequisite for contract award. (b) By signing this offer, the offeror certifies that - (1) As the owner or operator of facilities that will be used in the performance of this contract that are subject to the filing and reporting requirements described in section 313 of the Emergency Planning and Community Right-to-Know Act of 1986 (EPCRA) (42 U.S.C. 11023) and section 6607 of the Pollution Prevention Act of 1990 (PPA) (42 U.S.C. 13106), the offeror will file and continue to file for such facilities for the life of the contract the Toxic Chemical Release Inventory Form (Form R) as described in sections 313(a) and (g) of EPCRA and section 6607 of PPA; or (2) None of its owned or operated facilities to be used in the performance of this contract is subject to the Form R filing and reporting requirements because each such facility is exempt for at least one of the following reasons: [Check each block that is applicable.] [ ] (i) The facility does not manufacture, process, or otherwise use any toxic chemicals listed in 40 CFR 372.65; [ ] (ii) The facility does not have 10 or more full-time employees as specified in section 313(b)(1)(A) of EPCRA, 42 U.S.C. 11023(b)(1)(A); [ ] (iii) The facility does not meet the reporting thresholds of toxic chemicals established under section 313(f) of EPCRA, 42 U.S.C. 11023(f) (including the alternate thresholds at 40 CFR 372.27, provided an appropriate certification form has been filed with EPA); [ ] (iv) The facility does not fall within the following Standard Industrial Classification (SIC) codes or their corresponding North American Industry Classification System sectors: (A) Major group code 10 (except 1011, 1081, and 1094. (B) Major group code 12 (except 1241). (C) Major group codes 20 through 39. (D) Industry code 4911, 4931, or 4939 (limited to facilities that combust coal and/or oil for the purpose of generating power for distribution in commerce). (E) Industry code 4953 (limited to facilities regulated under the Resource Conservation and Recovery Act, Subtitle C (42 U.S.C. 6921, et seq.), 5169, 5171, or 7389 (limited to facilities primarily engaged in solvent recovery services on a contract or fee basis); or [ ] (v) The facility is not located in the United States or its outlying areas. K.7 52.219-1 Small Business Program Representations MAY 2004 Alternate I APR 2002 (a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 541611. (2) The small business size standard is $7 million. (3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees. (b) Representations. (1) The offeror represents as part of its offer that it ( ) is, ( ) is not a small business concern. (2) [Complete only if the offeror represented itself as a small business concern in paragraph (b)(1) of this provision.] The offeror represents, for general statistical purposes, that it ( ) is, ( ) is not, a small disadvantaged business concern as defined in 13 CFR 124.1002. (3) [Complete only if the offeror represented itself as a small business concern in paragraph (b)(1) of this provision.] The offeror represents as part of its offer that it ( ) is, ( ) is not a women-owned small business concern. (4) [Complete only if the offeror represented itself as a small business concern in paragraph (b)(1) of this provision.] The offeror represents as part of its offer that it ( ) is, ( ) is not a veteran-owned small business concern. (5) [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (b)(4) of this provision.] The offeror represents as part of its offer that it ( ) is, ( ) is not a service-disabled veteran-owned small business concern. (6) [Complete only if the offeror represented itself as a small business concern in paragraph (b)(1) of this provision.] The offeror represents, as part of its offer, that- (i) It ( ) is, ( ) is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material change in ownership and control, principal office, or HUBZone employee percentage has occurred since it was certified by the Small Business Administration in accordance with 13 CFR Part 126; and (ii) It ( ) is, ( ) is not a joint venture that complies with the requirements of 13 CFR Part 126, and the representation in paragraph (b)(6)(i) of this provision is accurate for the HUBZone small business concern or concerns that are participating in the joint venture. [The offeror shall enter the name or names of the HUBZone small business concern or concerns that are participating in the joint venture: __________.] Each HUBZone small business concern participating in the joint venture shall submit a separate signed copy of the HUBZone representation. (7) [Complete if offeror represented itself as disadvantaged in paragraph (b)(2) of this provision.] The offeror shall check the category in which its ownership falls: _____ Black American. _____ Hispanic American. _____ Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians). _____ Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, U.S. Trust Territory of the Pacific Islands (Republic of Palau), Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru). _____ Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, or Nepal). _____ Individual/concern, other than one of the preceding. (c) Definitions. As used in this provision- "Service-disabled veteran-owned small business concern"- (1) Means a small business concern- (i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and (ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran. (2) "Service-disabled veteran" means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16). "Small business concern" means a concern, including its affiliates that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and the size standard in paragraph (a) of this provision. "Veteran-owned small business concern" means a small business concern- (1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and (2) The management and daily business operations of which are controlled by one or more veterans. "Women-owned small business concern" means a small business concern- (1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and (2) Whose management and daily business operations are controlled by one or more women. (d) Notice. (1) If this solicitation is for supplies and has been set aside, in whole or in part, for small business concerns, then the clause in this solicitation providing notice of the set-aside contains restrictions on the source of the end items to be furnished. (2) Under 15 U.S.C. 645(d), any person who misrepresents a firm's status as a small, HUBZone small, small disadvantaged, or women-owned small business concern in order to obtain a contract to be awarded under the preference programs established pursuant to section 8(a), 8(d), 9, or 15 of the Small Business Act or any other provision of Federal law that specifically references section 8(d) for a definition of program eligibility, shall- (i) Be punished by imposition of fine, imprisonment, or both; (ii) Be subject to administrative remedies, including suspension and debarment; and (iii) Be ineligible for participation in programs conducted under the authority of the Act. SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS L.1 IMPORTANT DELIVERY INFORMATION: Please note that the Department of Transportation(DOT)/Federal Highway Administration, Office of Acquisition Management's current location and delivery address is: 1200 New Jersey Avenue, SE Room: E65-101 - Mail Code: HAAM-30 Washington, DC 20590 NOTE: Security procedures prohibit non-uniformed couriers from delivering material directly to offices in the DOT building. Only uniformed couriers from FedEx and the United Parcel Service, who are dressed in a uniform bearing their organization's name and possessing official identification, may deliver proposals or sealed bids directly to the Office of Acquisition Management. Other couriers and individuals must deliver material to the mail room/visitor's center at the new DOT building's main entrance at 1200 New Jersey Avenue, SE. The guard may accept the material, dismiss the courier, and then the material will be examined and x-rayed prior to being delivered to the FHWA Office of Acquisition Management through the normal building mail delivery procedures. This could add one or more working days to the delivery time. The FHWA is not responsible for pick-up of offerors' proposals from DOT security guards nor from the DOT mail room. Offerors must make allowances for these procedures in order to assure that offers arrive on time. Offers must be received in the Office of Acquisition Management by the time and due date specified herein to be considered timely and acceptable; not just delivered to the mail room/visitor's center. Offers received and time/date stamped in the Office of Acquisition Management after the specified due date and time will be considered as late, in accordance with FAR 14.302, and 15.208. Please keep these factors in mind as you determine the best means to deliver your proposal so as to ensure delivery in Room E66-201 by no later than 4:30 PM on September 20, 2010. To assist in expediting delivery and ensure proper handling, the outermost envelope or package [this includes FedEx boxes] containing your proposal should be prominently marked as follows: Proposal in response to RFP DTFH61-10-R-00028 To Be Opened By Authorized Government Acquisition Personnel Only L.2 NOTICE TO OFFERORS The offerors response must demonstrate their understanding of this procurement and capability for high quality performance in a concise, logical, manner and should not contain superfluous material that is not directly related to this procurement. Contractors must above all show that, if selected for award, they will be able to provide high quality. The technical proposals shall not exceed 25 pages and shall include a brief well written Executive Summary covering the technical and cost parts of the proposal. Any material in excess of 25 pages will not be read or evaluated. The pricing proposal, staff resumes, subcontractor information, covers, table of contents, letters of commitment, the Executive Summary and the past performance material is in addition to the page limits for technical presentations. Company, University, or Transportation Center descriptive brochures may be included and are not part of the 25-page limitation. You may wish to refer us to a company/organization website for additional information rather than take up pages unnecessarily. Present your proposal in a logical manner readily tied to the requirements herein. Each topic area is to be treated separately as they will be evaluated individually. Identify and explain any exceptions you are taking to the proposed contract requirements. The offeror shall identify those who they intend to utilize in key positions in performance of any Task Orders issued. These include staff, consultants, or subcontractors. Resumes of all proposed key personnel are required, and may not exceed 3 pages for each person proposed. You must indicate educational background, recent relevant experience, specific or technical accomplishments, and a listing of relevant publications. State his or her proposed duties, and the areas for which he or she will be responsible. The work to be performed requires seasoned professional expertise, and sophisticated engineering and technical data gathering and analysis capability. For all personnel who are not currently members of the offeror's staff, an original letter of commitment and agreement to serve as planned is required to be submitted with your proposal. The letter must cite this solicitation number. These same requirements apply when proposing key personnel for a Task Order, with the letter citing the proposed Task Order number. A resume alone does not meet this requirement. Describe your organization's technical capabilities to perform the kinds of work described under each topic area for which you wish to be awarded a contract. Clarity and completeness are of the utmost importance in the proposal. With the exceptions of the responsibility determination and the past performance evaluations, only material contained within the proposal will be considered in the source evaluation and selection process. Therefore, be sure to include everything you want to be evaluated. Even if we know you and/or members of your staff, we will only consider what is contained within the proposal. Offerors are allowed 6 additional pages for the Executive Summary covering the organization, capabilities, experience and management structure. Address your management of the contract and each Task Order. Explain your methods for performing and managing multiple Task Orders. Address how you would staff multiple Tasks, multiple courses at the same time, writing and teaching at the same time, and how you would replace key personnel if necessary, so as not to delay or degrade performance even when faced with a last minute loss of an individual. Outline your methodology for selecting and managing subcontractors and consultants if you plan to utilize them. Provide the minimum lead-time you would require to commence work after receipt of a Task Order. This Request for Proposals is written in the Uniform Contract Format described in Federal Acquisition Regulation (FAR) section 15.204-1. Offerors are encouraged to familiarize themselves with the Uniform Contract Format. This will facilitate your understanding of the terms and conditions of this solicitation, these instructions and the source selection process. It is very important that you address each evaluation factor and subfactor shown in Section M below. L.3 QUESTIONS: Questions regarding this solicitation must be submitted in writing sufficiently in advance of the deadline for receipt of offers to allow research and dissemination of the answers to all parties in a timely manner. Do not expect direct responses. All Q&A will be posted on FedBizOpps. Send questions via e-mail [calls will not be answered] to: Joseph.Fusari@.dot.gov. Please show the RFP number in the subject line. L.4 ELECTRONIC DISSEMINATION OF RFP DOCUMENTS: This RFP and its forms and attachments are being transmitted electronically. Offerors are reminded that if you download copies of this or any other solicitation you will NOT automatically receive amendments to those solicitations. It is your responsibility to check back frequently to the download source to see if any amendments or notices have been issued. All amendments will be posted to, and are downloadable from, the FedBizOpps website. ( www.FedBizOpps.gov) L.5 PROCUREMENT INTEGRITY ACT REQUIREMENTS: Your attention is directed to the provision 52.215-1(e) and FAR 3.104-5 for a discussion on marking and protecting proposal information. Offerors should put the following notice on the top of each copy of its proposal: This proposal shall be used and disclosed for evaluation purposes only, and a copy of this Government notice shall be applied to any reproduction or abstract thereof. Any authorized restrictive notices that the submitter places on this proposal shall also be strictly complied with. Disclosure of this proposal outside the Government for evaluation purposes shall be made only to the extent authorized by, and in accordance with, law. L.6 AWARD ON INITIAL OFFERS: As stated in provision 52.215-1, the government expects to award after review of the initial proposals without discussions. Therefore, your initial offer should contain your best terms from a price and technical standpoint. Proposals shall be submitted on 8 1/2 by 11-inch paper, except foldouts used for charts, tables, appendices or diagrams, which shall not exceed 11 by 17 inches. A page is defined as one side of a piece of paper. A piece of paper with printing on both sides is considered 2 pages. Margins (excluding headers and footers) shall be no Less than 1 inch on both sides, top and bottom of the page. Regular text print type shall not be less than 10 points or more than 12 characters per inch and shall not exceed 6 lines to the vertical inch. All Offerors submitting a proposal are required to conform to the instructions and rules of this Section. The offeror must state that they agree to all terms and conditions of the model contract of this solicitation, which consists of the RFP Sections A through K, including all documents, exhibits, and all other attachments that are incorporated therein by reference and made a part thereof, or provide an explanation for any exceptions. L.7 52.204-6 Data Universal Numbering System (DUNS) Number. JUN 1999 L.8 52.215-1 Instructions to Offerors--Competitive Acquisition. FEB 2000 L.9 52.216-27 Single or Multiple Awards. OCT 1995 L.10 The following skills/disciplines and/or expertise are believed to be necessary for the successful completion of the contract, although every discipline may not be applicable to each and every task order, and the offeror is free to utilize any discipline it chooses to successfully perform the contract. Labor Categories Senior subject matter expert (noise analysis/noise abatement design/traffic noise modeling/construction noise/tire-pavement noise/noise compatible planning) Mid-level subject matter expert (noise analysis/noise abatement design/traffic noise modeling/construction noise/tire-pavement noise/noise compatible planning) Junior-level subject matter expert (noise analysis/noise abatement design/traffic noise modeling/construction noise/tire-pavement noise/noise compatible planning) Senior Program Manager/Principal Investigator Mid-level Program Manager/Principal Investigator Junior-level Program Manager/Principal Investigator Senior subject matter expert (Systems engineer/transportation planning/engineers/public transportation planner) Senior subject matter expert (economics, freight, climate, policy, statistical analysis, air quality, emissions/air quality modeling specialist) Mid-level subject matter expert (Systems engineer/transportation planning/engineers/public transportation planner) Mid-level subject matter expert (economics, freight, climate, policy, statistical analysis, air quality, emissions/air quality modeling specialist) Junior-level matter expert (Systems engineer/transportation planning/engineers/public transportation planner) Junior-level subject matter expert (economics, freight, climate, policy, statistical analysis, air quality, emissions/air quality modeling specialist) Administrative Support personnel Senior subject matter expert (Real Estate/Right-of-Way Expert; Outdoor Advertising Control, Legislative, Policy and Law Expert; GIS Specialist) Mid-level subject matter expert (Real Estate/Right-of-Way Specialist; Outdoor Advertising Control, Legislative, Policy and Law Expert; GIS Specialist) Junior-level subject matter expert (Real Estate/Right-of-Way Expert; Outdoor Advertising Control, Legislative, Policy and Law Expert; GIS Specialist) Senior-level subject matter expert Transportation Professional who focuses primarily on walking and bicycling transportation issues Mid-level Transportation Professional who focuses primarily on walking and bicycling transportation issues Junior-level Transportation Professional who focuses primarily on walking and bicycling transportation issues Senior-level Transportation/Simulation Modelers Mid-level Transportation/Simulation Modelers Junior-level Transportation/Simulation Modelers Senior-level (Marketing Communications Specialist, Web Developer, Writer/Editor, Marketing Specialist, Research/Technical Writer) Mid-level (Marketing Communications Specialist, Web Developer, Writer/Editor, Marketing Specialist, Research/Technical Writer) Junior-level (Marketing Communications Specialist, Web Developer, Writer/Editor, Marketing Specialist, Research/Technical Writer) Include in your cost proposal: 1. The loaded hourly rate for each employee or class of employee anticipated to work under task orders to be issued under this contract. Indicate your annual inflation rate to be applied. 2. State whether any additional direct labor (new hires) will be required during the performance period of this acquisition. If so, state the labor categories and estimated number required. 3. If subcontractors and/or individual consultants will be used in carrying out the requirement of this project, the following minimum information concerning the subcontractor shall be furnished: a. The hourly/daily rate of any proposed consultant and/or subcontract employee. b. A statement from the offeror that the hour/daily rate proposed by the subcontractor or consultant has been reviewed and determined to be fair and reasonable. 5. Clearly state any exceptions to the terms in this solicitation, or any terms or conditions attached to your offer, and thoroughly explain your position/rationale. L.11 52.216-1 Type of Contract. APR 1984 The Government contemplates award of multiple Indefinite Delivery, Indefinite Quantity, Task Order contracts resulting from this solicitation. Fixed price and Cost Plus Fixed Fee task orders will be awarded following the procedures outlined in Section G above. The Government intends to make multiple ID/IQ awards for each task area, each with a minimum value of $25,000 and a maximum value of equal to the sum of each task area total value (see Section B). L.12 52.233-2 Service of Protest. AUG 1996 (a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from Mr. Frank Waltos, HAAM 10, Room E66-326, 1200 New Jersey Ave., SE, Washington, DC 20590. (b) A copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO. L.13 52.252-1 Solicitation Provisions Incorporated by Reference FEB 1998 This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at these addresses: http://www.dot.gov/ost/m60/ or http://www.arnet.gov/far/. L.14 NOTE: Facsimile proposals will not be considered for this solicitation. L.15 Communications Prior to Contract Award Offerors shall direct all communications to the attention of the Contracting Officer cited on the face page of this RFP. Communications with other officials may compromise the competitiveness of this acquisition, and result in the disqualification of the offeror and/or cancellation of the solicitation. There are frequently issues that require contact with the offeror. Thus, it is important that you provide a point of contact (POC) together with their e-mail address. More than one may be provided. POC:______________________________ E-mail:________________________ L.16 Payment by Electronic Funds Transfer Central Contractor Registration Any contracts resulting from this solicitation will contain FAR clause 52.232-33, "Payment by Electronic Funds Transfer-Central Contractor Registration." All contractors receiving payments under FHWA contracts, purchase orders, delivery orders, or other contractual vehicles must be registered in the Central Contractor Registration (CCR) database. The CCR is a Department of Defense web-based repository of contractor information. The Electronic Funds Transfer information in the CCR must be accurate in order for contractors' invoices or contract financing requests to be considered proper invoices for the purpose of prompt payment under DoT contracts. Interested offerors should read and understand the requirements of FAR 52.223-33. The successful offerors must register in the CCR before an award can be made, and must maintain current, updated information in the CCR throughout the performance period of the contract. Offerors can register in CCR at anytime, and are encouraged to do so immediately. Offerors may register in the CCR database and obtain additional information at http://www.ccr.gov, or by calling 1.888.227.2423. The contractor is responsible for the accuracy and completeness of the data within the CCR, and for any liability resulting from the DOT's reliance on inaccurate or incomplete data. To remain registered in the CCR database after the initial registration, the contractor must confirm on an annual basis that its information in the database is accurate and complete. L.17 Authorized Official and Submission of Proposal The original proposal must be signed by an official authorized to bind your organization and must stipulate that it is predicated upon all the terms and conditions of this RFP. Your proposal shall be submitted in the number of copies, to the address and marked as indicated in Block 9, page 1. Proposals shall be reproduced on letter-sized paper, and legible in all required copies. In addition to the 1 original paper copy required, each offeror must include a 14 copies of their proposal on CD's identical to the paper copy in Word and/or Excel format. Each proposal should be within a single binder containing the entire proposal (pricing and technical).. L.18 Past Performance Evaluation By past performance, the Government means the offeror's record of conforming to specifications and to standards of good workmanship, forecasting and controlling costs; and adherence to contract schedules, including the administrative aspects of performance. The offeror's reputation for reasonable and cooperative behavior and their commitment to customer satisfaction will be assessed, along with their business like concern for the interest of their customer. The lack of a performance record may result in an unknown performance risk assessment, which will neither be used to the advantage or disadvantage of the offeror. The Governmentwill evaluate the quality of the offeror's past performance based on information obtained from references provided by the offeror, as well as other relevant past performance information obtained from other sources known to the Government. Evaluation of past performance will be a subjective assessment based on a consideration of relevant facts and circumstances. It will not be based on absolute standards of acceptable performance. The Government is seeking to determine whether the offeror consistently has demonstrated a commitment to customer satisfaction and timely delivery of quality services at fair and reasonable prices. Offerors with previous experience in the topics they are proposing on must list and summarize their performance on similar or related contracts completed within the last three years, as well as those currently in process. Provide your last three relevant contracts in terms of size and scope (but not more than three years old) with FHWA as well as other organizations both commercial and governmental. You may submit more than three if necessary to properly cover specialized areas of performance or because of the broad scope of the work. Sending in more than three that are all for the same type of work is unnecessary and discouraged. The offeror should also submit past performance information on proposed major subcontractors. Provide the following supplemental information (not to exceed two pages per reference): o The name and address of the organization for which the services were performed; the name and current telephone number of the responsible technical representative of the organization; the contract number; the type of contract; and a brief description of the services provided, including the length of performance and the total dollar amount. o In addition, explain how the reference applies to this solicitation's Statement of Work. FHWA may use this information to contact representatives to obtain information regarding your performance. o Briefly explain how well you met the contract quality and schedule requirements. o List any contract under which you received either a cure notice or show cause letter, or that was terminated for any reason within the past 3 years. Briefly explain the circumstances in each such instance. Offerors are responsible to have at least three completed Past Performance Questionnaires submitted with the original proposal (see Section J). Questionnaires shall be in separate envelopes, sealed by the reference for confidentiality. [Only one copy need be submitted with the original proposal] The Government may use random sampling from the references provided, and may also use any other past performance information obtained by the Government. The contracting officer will also consider such performance information along with other factors in determining whether the offeror is considered responsible, as defined in FAR 9.101. L.19 Until a formal notice of award is issued, signed by a contracting officer, no communication by the Government either written or oral, shall be binding or in any way interpreted as a promise that an award will be made. L.20 Small Business Subcontracting Plan As prescribed by FAR Subpart 19.704 and its implementing clause 52.219-9, since the total contract price is expected to exceed $550,000, offerors, other than small businesses, shall include a statement in its offer relative to subcontracting opportunities under the proposed contract. The offeror shall state that there will be subcontracting, or that the offeror has determined that all work will be done in-house. If there will be subcontracting opportunities, the offeror shall submit with its proposal, a subcontracting plan as prescribed in FAR 52.219-9. If it is determined there will not be subcontracting opportunities, the offeror shall submit a statement of circumstances supporting this determination. All subcontracting plans and statements supporting the absences of subcontracting opportunities must be acceptable to the Contracting Officer and the FHWA Small Business Specialist. Failure to submit and negotiate an acceptable subcontracting plan or a statement supporting the absence of subcontracting opportunities shall render the offeror ineligible for award of a contract. The subcontracting plan will become part of the contract. L.21 Offerors are not required to propose to all task groups and may limit their proposal to selected task groups based on their strengths/capabilities; however, the Government places a greater value on proposals that provide coverage to a greater number of task groups than on proposals that provide coverage on only a few task groups. SECTION M EVALUATION FACTORS FOR AWARD M.1 EVALUATION CRITERIA The Government will evaluate offers and make a best value award decision based on the following factors listed in order of descending importance: (1) Technical Approach; (2) Staffing; (3) Past Performance; and (4) Price. The method of evaluation for each of these factors is described below. The ultimate award decision will be made based on a determination of overall best value, each of the three factors considered. M.2 EVALUATION FACTORS: 1. Technical Approach (50 points) a. The offeror has demonstrated a thorough, clear, sound, feasible, and achievable technical approach and knowledge of the requirements. (35 points) b. The offeror demonstrates the ability to clearly describe the objectives, needs, and the manner in which they will be addressed. The offeror does not parrot the language, but rather demonstrates a grasp of what is expected in the task area(s). (15 points) 2. Staffing (50 points) a. The offeror provided adequate academic credentials, professional experience, and subject matter expertise to accomplish the task. (35 points) b. The offeror has an adequate contingency plan in place to replace key personnel over the life of the contract without any adverse impact on performance. (15 points) 3. Past Performance a. The offeror's proposed team has documented recent successful experience in the applicable task requirements. b. Demonstrated recent successful experience developing a final report in the transportation industry. c. Acceptable degree of successful performance in prior contracts. The Government will evaluate the merits of each offeror's past performance based on its reputation with its former customers. Evidence can include references, samples of correspondence from satisfied clients, letters of recommendation, etc. 3.1 PAST PERFORMANCE a. "Relevant experience" involves the magnitude of effort and complexities which are essentially what the solicitation requires. "Somewhat relevant experience" involves the magnitude of effort and complexities including some of what the solicitation requires. "Not relevant experience" does not involve any significant aspects of what the solicitation requires. A higher degree of relevancy will carry a higher weight when determining past performance ratings. b. The Government may use information obtained from other sources, and will consider the currency, degree of relevance, source and context of the past performance information. Also, general trends in performance and demonstrated corrective actions will be considered. The Government may also consider past performance information regarding predecessor companies, key personnel, other corporate entities or subcontractors where such information is relevant to this acquisition. A significant negative finding in any element may result in an overall high-risk rating. c. Using those references deemed relevant or somewhat relevant together with other information obtained, the FHWA will assess the amount of risk associated with the offeror based on its past performance using the following scale: Adjectival Color Description Excellent [Very Low Risk] Blue Essentially no doubt exists that the offeror will successfully perform the required effort based on their record. Good [Low Risk] Green Little doubt exists based on the offeror's record that they can perform the proposed effort. Adequate [Moderate Risk] Yellow Some doubt exists based on the offeror's record that they can perform the proposed effort. Marginal [High Risk] Orange Significant doubt exists that the offeror will successfully perform based on their record. Poor [Very High Risk] Red It is extremely doubtful that the offeror will successfully perform based on their record. Unknown Grey Little or no relevant record identifiable. No positive or negative evaluation significance. The Government is not required to interview all points of contact identified by offerors. M.3 BASIS FOR AWARD In addition to the criteria listed above, price will be considered in the award decision. The proposals will be analyzed to assess their price reasonableness. This means that the prices in an offeror's proposal are realistic for the work to be performed, reflect a clear understanding of the requirements, and are consistent with the various elements of the offeror's technical proposal. The Government will accept the offer that is considered the best value to the Government. A best value analysis will be performed taking into consideration the results of the technical evaluation, cost and past performance analysis, and the perceived ability to perform timely, high quality, consistently reliable support services as provided herein. In the determination of Best Value, the relative weight given to all evaluation factors other than price, when combined, is more important than price. However, offerors should note that as technical scores approach being essentially equivalent, cost would become more important in the selection decision. NOTE: Award preference will be given to those responsible small businesses that provide quality proposals at fair prices. We will award contracts to small businesses if possible to do so. If not, then proposals from non-small businesses will be considered. M.4 52.216.27 Single or Multiple Awards. OCT 1995 The Government intends to award multiple (approximately 14) Task Order contracts for the same or similar supplies or services to two or more sources under this solicitation.
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