MOD | U | Structures, Hydraulics and Geotechnical Engineering Training - Amendment 1

FBO DAILY ISSUE OF MARCH 18, 2011 FBO #3401
MODIFICATION

U -- Structures, Hydraulics and Geotechnical Engineering Training - Amendment 1

Notice Date: 3/16/2011
Notice Type: Modification/Amendment
NAICS: 611430 — Professional and Management Development Training
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: DTFH61-11-R-00004
Point of Contact: joseph a fusari, Phone: 2023664244, Adams I JeanPierre, Phone: 202-366-2044
E-Mail Address: joseph.fusari@dot.gov, adams.jeanpierre@dot.gov
(joseph.fusari@dot.gov, adams.jeanpierre@dot.gov)
Small Business Set-Aside: N/A
Description: Amendment 1 (Correction to the due date as listed on the FBO webpage.) REQUEST FOR PROPOSAL (RFP) (Please see the attachments to this solicitation for a complete copy of the RFP and associated documents.) SECTION B SUPPLIES OR SERVICES AND PRICES/COSTS The contractor shall furnish all necessary facilities, materials, equipment, and personnel and shall perform technical, non-personal services necessary in support of the Federal Highway Administration's (FHWA) National Highway Institute (NHI),, under this Indefinite Delivery/ Indefinite Quantity Contract (ID/IQ) titled "Structures, Hydraulics, and Geotechnical Training Program." The maximum potential amount for all work under this ID/IQ Contract is (To Be Completed at Award). All work under this contract will be performed through the award of Firm-Fixed Price Task Orders. The Firm-Fixed Prices to attend the kick-off meetings are listed below: Task Task Firm Fixed Price C. 6 Kick-Off meeting (Firm-Fixed Price) a. 2-Hour Kick-Off in person at NHI b. 2-Hour Kick-Off Via Video or Web Conference c. 4-Hour Kickoff in person at NHI d. 4-Hour Kickoff Via Video or Web Conference e. 6-Hour Kickoff in person at NHI f. 6-Hour Kickoff Via Video or Web Conference $ The contractor shall proposal firm fixed prices, exclusive of travel, for each iteration of the kick-off meeting in the table above. The contractor shall propose travel for the kick-off meetings according to the information contained in Section C.6, using Washington, DC as the travel destination. Travel: All travel performed under this contract shall be reimbursed at cost in accordance with the travel and per diem clause, at G.6. Travel costs being claimed under any Task Order shall be included as a separate line item and be supported. SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK C.1 BACKGROUND The National Highway Institute is the technical training arm of the Federal Highway Administration, and as such plays a vital role in the FHWA's overall effort to provide training in new and evolving highway related technologies. The target audience is very broad, and includes Federal, state and local highway and transportation agencies located within the United States, the Local Technical Assistance Program (LTAP) Centers, associations, consulting firms, private industry, universities and other national and international entities engaged in highway work of interest to the United States. In order for the NHI to best accomplish its training mission it is necessary to accurately determine the needs of the target audience, and then develop and deliver a variety of training packages that will most effectively and efficiently present the intended message. The NHI has been performing this role primarily by delivering traditional, instructor-led, classroom training on a broad range of topic areas since it was established by congress in 1970. However, the electronic era has rapidly opened new avenues for cost savings, complying with divergent schedules, and training larger audiences in shorter periods of time. The typical types of courses currently being offered or under development, the course objectives, and the target audiences are described on the NHI website at http://www.nhi.fhwa.dot.gov/. C.2 CONTRACT OBJECTIVE The objective of this contract is to effectively and efficiently develop and deliver a timely program of high quality training in the broad general areas of Structures, Hydraulics, and Geotechnical engineering. C.4 SCOPE The scope of this contract is limited to the development, revision, promotion, and delivery of training in the broad subject areas of Structures, Hydraulics, and Geotechnical engineering technologies. This may also include any research required for the development of a specific course, reference manuals, and other support services that may be required for the promotion of the training program. C.5 TECHNICAL SUPPORT REQUIREMENTS Task Orders under this ID/IQ contract will be determined and issued on an as needed basis by the FHWA. C.6 KICK-OFF MEETING, If requested by the Government, the contractor shall attend a Kick-off meeting for approximately 2, 4, or 6 hours, which will include the following attendees: the contractor's key personnel, including the Program Manager, the Contracting Officer's Technical Representative (COTR), and additional FHWA support staff. The Contracting Officer and the cognizant contract administration may also attend the meeting. 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 NHI Office in Arlington, VA. [Offerors shall include prices for a 2-hour, a 4-hour, and a 6-hour kickoff meeting in person in Arlington, VA and via web conference or videoconference.] C.7 TASK AREAS [Note: Offerors are not required to propose to all subject areas (Structures, Hydraulics, and Geotechnical Engineering technologies), and may limit their proposal to selected subject areas based on their strengths/capabilities; however, the Government places a greater value on proposals that provide coverage to a greater number of subject areas than on proposals that provide coverage on only a few tasks.] This section describes the specific tasks to be addressed and the technical skills necessary and associated with each of the subject areas (Structures, Hydraulics, and Geotechnical Engineering technologies). 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 (Section C.7.1 - C.7.8): C.7.1 TRAINING NEEDS ANALYSIS AND EVALUATION OF TRAINING EFFECTIVENESS The NHI's goal is to optimize the training for maximum effectiveness ensuring the greatest amount of learning takes place within certain defined constraints. This process also involves development of material precisely targeted to student needs. Furthermore, even though achieving a true measurement of the effectiveness of training can be elusive, it is desirable to obtain accurate feedback from course participants and supervisory staff. Work under this task area may be issued to may include, but is not limited to the following: (1) Conducting market research of short and long term training needs of all or specified segments of target audiences for the topic areas identified in the Task Order. (2) Conducting market research of target audiences to determine specific training needs, course objectives and learning outcomes for identified target areas. (3) Conducting and analyzing post course evaluations to determine effectiveness of delivery methods, course content, and instructional presentation in accomplishing the training objectives. (4) Evaluating and proposing alternative delivery strategies and learning environments that encourage greater participation and knowledge transfer from the learning environment into the workplace. C.7.2 TECHNICAL REVIEW AND PANEL COORDINATION The quality of NHI courses is improved if the interests of selected groups are represented on panels that will provide comments during the course development process. Their review of curriculum material as it evolves can be invaluable. Work under this task area may include, but is not limited to the following: (1) Establishing and coordinating panels that represent the FHWA, the American Association of State Highway and Transportation Officials (AASHTO), and other public and private sector organizations, or individuals to review and provide comments on training needs, curriculum development, and course presentation activities. C.7.3 COURSE DEVELOPMENT, REVISION, AND UPDATE The NHI offers a constantly changing array of courses. Some of the courses may need minor revision, while others may require major updating to stay abreast of current technology. In addition, new design procedures, changing specifications, research results, emerging technologies, new regulations, computer programs, etc. continually precipitate the need to develop entirely new courses. In other instances, it may be desirable to convert existing material into a more appropriate format that allows for course participation at a distance. The NHI's goal is to optimize training for maximum effectiveness, ensuring that the greatest amount of learning takes place within certain defined constraints. This process involves development of material precisely targeted to participant needs and providing clearly articulated Learning Outcomes. The principles of adult learning and Instructional System Design shall be incorporated into each course, as well as a learning assessment (i.e. pre and post tests, exercises, skill demonstration, etc) in order to be consistent with IACET (International Association of Continuing Education and Training) requirements. The training shall include a combination of instructional strategies such as lectures, videos, case studies, group exercises/discussions, and interactive technology that enhances participation (such as audience response systems, etc). The training shall also be learner-centric and not instructor-centric. Adult Learning Considerations Before revising, developing, or presenting any training program targeted at adult audiences, it is first useful to gain an appreciation of the difference between child-centered learning and adult- centered learning. Almost all of us have experienced 12 or more years of education as children and many of us have experienced additional years of education as young adults. The educational models fixed in our minds are the pedagogical models-- the art and science of teaching children--drawn from those experiences. As adult trainers, it is easy for us to teach as we were taught rather than implement good adult learning principles. We know the following things about adult learners: • Adults have a need to know why they should learn something. One of the first tasks of the adult trainer is to develop a "need to know" in the learner - to demonstrate the value of what is being offered to them. • Adults have a deep need to be self-directed. However, often when they enter a program labeled "education" or "training" they revert back to their conditioning as children, put on their hats of dependency, fold their arms, sit back and say, "Teach me." This puts them at immediate odds with their need for self-direction, causes inner conflict and a resistance to participation in training. To resolve this as adult trainers we must help adult learners make a quick transition from seeing themselves as dependent learners to becoming self-directed. • Adults have a greater volume and different quality of experience than children. Adults bring into the learning situation a background of experience that is itself a rich resource for many kinds of learning for themselves and others. Adults have a broader base of experience to which to attach new ideas and skills and give them richer meaning. The greater experience, however, also has a potential negative consequence. The greater experience can cause people to develop habits of thought and bias, to make presuppositions, to be less open to new ideas. Evidence indicates that this phenomenon is especially characteristic of undereducated adults. • Adults become ready to learn when they experience in their life situation a need to know or be able to do in order to perform more effectively and with greater satisfaction. Adults learn best when they choose voluntarily to make a commitment to learn. • Adults enter into a learning experience with a task-centered (or problem-centered) orientation to learning. Adult learning activities are better received when designed around tasks, problems, or life situations. Very often, if they can apply what they have learned to a recent experience or situation, they can better appreciate the newfound knowledge and skills. • Adults are motivated to learn by both extrinsic and intrinsic motivators. The problem is they may not be motivated to learn what we want to teach them, hence the importance to develop "a need to know" as a basic ingredient of adult training. The most potent and persistent motivators for adults are intrinsic motivators such as self-esteem, broadened responsibilities, power, and achievement. Implications for Practice Adult learning concepts--combined with an understanding of the training need--suggest the following approach to course design: • Participants want to have a chance to tailor knowledge to their local situation. • Participants want to have an opportunity to interact with others during the training session. • Participants want to understand why something is important. • Participants have a need for training that will demonstrate the benefits of learning. Learner-Centric Instruction In an effort to make training more effective and move the content into working environments, the NHI believes in learner-centric instruction. The core principles for learner-centric instruction are those in which learners, with a facilitator's guidance, are made responsible for constructing their own comprehension and potential usage of the course content. As the term implies, it is an instructional approach in which the learner is placed at the center of training. In such a setting, the individual involvement of the learners in the learning process is emphasized through their active participation in building up knowledge and understanding. Instructors play a facilitatory role in the process. The main players and constructors of knowledge and learning experiences are the learners themselves. There are actually three ultimate goals that are ideally reached through learner-centered strategies. They are: 1. The development of inquiry and problem solving skills 2. The development of deep understanding of topics and 3. The development of democratic processes (e.g. critical examination of our own and other's positions) Learning environments are contextualized to meet the real learning needs of the learners. This means that learners are provided with authentic learning experiences and activities that require an understanding similar to the one required in real world settings. Additionally, the learning environment is set to accommodate a variety of instructional tools and methods as well as flexible arrangements of time and place. Learning centered approaches cater to the diversity of participants' abilities and learning modalities and attempt to attend to participants' varying learning needs. Learner-centered approaches are best applied to invoke higher-level thinking, inquiry, and problem solving skills. What is at the essence of the learner-centered approach is that learners are internally motivated and are active participants in the knowledge gain process mediated through personal and interpersonal interactions. Examples of learner-centered educational practices include, but are not limited to, the following: • Collaborative group learning, both inside and outside the classroom • Individual participant research and discovery • Research and discovery by participants and teacher together • Problem-based inquiry learning • Participant-teacher studio and performance activities • Hands-on, experiential learning activities • On-site field experiences • Self-paced tutorials Learning Assessment The NHI is approved to award International Association of Continuing Education and Training (IACET) continuing education units (CEUs) and as such, follows Bloom's Taxonomy of learning levels including associated outcome and assessment development. As part of a continuous improvement process and to conform to IACET standards, NHI has instituted a course design policy to include a post-course assessment. Selection of this learning evaluation tool is an Instructional Systems design (ISD) decision and shall be designed to measure participant performance with the course learning outcomes. Acceptable tools include case studies, skills demonstrations, and objective tests. To this end, the contractor shall develop "end of course assessments" that fully measure mastery of each overall course learning outcome (a Kirkpatrick Level II evaluation), but not necessarily each lesson outcome. The assessment shall form a comprehensive end of course evaluation of the participant's retention of critical skills and knowledge for successful job performance after training. Participants should be able to complete the assessment within 45 minutes. Time to administer the test shall be reflected in the course agenda. In developing the assessment tools, the contractor shall include objective measures such as multiple choice questions, matching questions, or methods that require critical thinking such as case studies or skills demonstrations. Subjective formats such as case studies shall have clearly stated response criteria or parameters to reduce subjectivity when evaluating participant responses. The assessments shall be designed so that a score of 70 is considered "passing." Tests are used to measure and document a student's knowledge, cognitive ability, and performance of job tasks. The specific type of test item to use should be determined by the behavior specified in the outcome to be tested and the instructional delivery system used. Various types of test items as described below, may be used to document and measure the specified criteria: Test Item Type Characteristics Multiple-choice • Useful for testing knowledge and cognitive abilities. • Consists of a stem and four responses. Matching • Useful for testing terms and labels. • Consists of two columns of related words, phrases, or symbols to be matched by the student. True/False • Useful for testing knowledge. • Consists of a single statement. • Not more than 10% of questions may be True/False Completion or "fill in the blank" • Useful for testing recall of knowledge committed to memory. • Consists of a statement from which a word(s) or short phrase has been omitted. The student must supply the missing word(s) or phrase in the blank(s) provided. Performance • Useful for testing job tasks and skills. • Consists of a simulated or actual environment with certain conditions of performance and certain expected outcomes. When so specified in a Task Order, the contractor shall develop the required test items, and all required supplemental materials (e.g., instructions for the instructor, instructions for the student, scoring procedures, answer key, etc.). Delivery and review of test items will coincide with delivery of draft course materials. The number of test items shall be sufficient to adequately measure a student's mastery of each course learning outcome. The contractor shall develop, when so specified in a Task Order, at least 3 versions of each test. Task Orders Under each task area, work may include, but is not limited to: • Developing, revising, or updating curriculum material including course outlines, instructor guides, participant notebooks, reference manuals, and visual aids using innovative methods of increasing participation of course participants. • Developing new or converting existing curriculum material into a format that can be delivered by distance learning such as through web-conferencing, web-based, or other electronic medium using innovative methods of increasing participation of course participants. Individuals involved in an NHI course development include the Contracting Officer's Technical Representative (COTR), the Technical Review Team (i.e. FHWA technical lead contact, other agency representatives, target audience reps, stakeholders, etc) and the Contractor Project Team (both subject matter experts and instructional systems designers). The stages in an NHI course development process, include, but are not limited to: (1) Kick-off Meeting The kick-off meeting typically includes the following attendees: the contractor's key development personnel, including the contractor's Instructional System Designer (for course development task orders), the COTR, the FHWA technical review panel and the Contracting Officer, if available. The purpose of the Kick-off Meeting is to introduce the team, review the scope of the task order, provide background information, review course and reference manual draft outlines, clarify course content issues, define roles and responsibilities, establish timelines and respond to questions. This meeting is generally held at the NHI facility in Arlington, VA. For any course development Task Orders awarded under this contract, the contractor shall prepare the agenda for each kickoff meeting, lead the discussion, prepare, and deliver minutes to demonstrate understanding of key decisions and to solicit approval of understanding as needed. The contractor shall bring to each course development kick-off meeting the draft course and reference manual outlines and a work plan/schedule, and be prepared to lead a discussion of their ideas for updating the course and reference manuals. The contractor shall also be prepared to discuss the development and review schedule for all deliverables, by Task. The schedule shall be determined at this meeting. Further, the timeframe for the various technical reviews, progress meetings, walkthroughs, and the Pilot Course delivery shall also be discussed and agreed upon at this meeting. Once agreed to, the schedule will become a part of the task order and may thereafter only be changed by the Contracting Officer. The specific details for Kick-off meetings will be included in each Task Order proposal. (2) Progress Meetings These are generally one-day in length, and scheduled as needed during the development process. At Progress meetings, the COTR and the Technical Review Team discuss relevant technical issues in the course materials, based upon government comments previously provided; determine if course development is proceeding in the right direction; review course content; discuss suggested course delivery techniques (e.g. group exercises, a case study, a computer application, etc); suggest materials for the reference manual; and, resolve any issues that arise. The contractor shall provide electronic files for the DRAFT presentation deliverables as specified in the task order at least one day in advance of the progress meetings. The contractor shall prepare the agenda for each meeting, lead the discussion, prepare and deliver minutes to demonstrate understanding of key decisions and to solicit approval of understanding as needed. The specific details for Progress meetings will be included in each Task Order proposal. (3) Preliminary Lesson Plan (PLP) and Preliminary Reference Manual Outline (PRMO) Walk-through These are usually two-days in length. During this meeting core players meet to discuss the PLP and PRMO developed by the contractor's team. The Contractor's Instructional Systems Designer shall attend and participate in the portion of the meeting when the PLP is discussed. The contractor shall develop and submit an electronic draft PLP and PRMO, to the COTR and Technical Review Panel for review and comment, no less than two weeks prior to the walk-though meeting. Within two weeks after the walk-though meeting where comments were provided to the contractor by the Government, the contractor shall incorporate the Government's and panel member's comments, and provide a revised electronic copy of the final PLP and PRMOs (in both MS Word and PDF), including a cover letter, to the COTR. Written approval of the final, accepted, PLP shall be provided by the COTR to the contractor after receipt of an acceptable PLP. The specific details for the PLP and PRMO walkthrough meetings will be included in the Task Order proposals. (4) 50% and 100% Walkthroughs are scheduled when 50% of the course content is 100% complete and when 100% of the course content is 100% complete. The 50% walkthrough lasts about 1 day longer than half of the formal course. The 100% walkthrough lasts about 1 day longer than the formal course. a. The purpose of the walkthroughs is to link course content with the learning outcomes, validate technical course materials; agree on course sequencing; explain any group exercises, case studies, computer applications, field trips or other course content issues; and secure approval to proceed. The Contractor Project Team is responsible for printing, and shipping these materials to the COTR and the Technical Review Team. The specific details for the 50% and 100% walkthrough meetings will be included in Task Order proposals. (5) Pilot course is scheduled as a "beta test" when the course is 100% complete. The pilot course is presented before a representative NHI audience. The COTR, the NHI Instructional Systems Designer, and the Technical Review Team participate as observers. The course is checked for content validity, length, pacing; delivery techniques are assessed and questions raised by participants are recorded. The COTR and/or a Contractor Project Team representative will facilitate a de-briefing of participants at the end of each day. The contractor shall incorporate any feedback into the final course development. Course development, update or revision tasks may include, but are not limited to, developing or designing the following items: (1) Draft Course and Reference Manual Outlines (to be brought to the kickoff) (2) Preliminary Lesson Plans (3) Preliminary Reference Manual Outlines (4) For web-based or web-conference training, High-level and Detailed-level Design Plan, Storyboards, Facilitator Guides (5) Participant Workbooks and Handouts (6) Instructor Guides (7) Reference Manuals (8) Visual Aids (9) Case Studies (10) Computer Applications/Animations (11) Group and Independent Exercises (12) Field Trips (13) End-of-Course Assessments C.7.4 MEDIA PRODUCTION The NHI's goal is to optimize the training for maximum effectiveness; ensuring participants have an opportunity for learning within the defined constraints of the designated learning environment. This process involves development of multi-media materials precisely targeted to participant needs and learning styles. To the greatest extend economically feasible, materials should employ state-of-the-art techniques such as 3-D visualizations, animations, simulations, virtual tours, physical models, etc. Work under this task area may include, but is not limited to: (1) Designing, developing, and producing visual messages that can be distributed and accessed via DVD, CD ROM, or mobile devices such as mobile phones, hand-held Personal Data Assistants (PDAs), Net books, and other digital mobile devices designed to access public data networks C.7.5 COURSE DELIVERY The NHI courses are generally taught in teams of two instructors, including combinations of contractor instructors and FHWA instructors. There may be times that a local representative is invited as a "guest" speaker to address a particular course topic; this would be specified in the course Instructor Guide. The contractor shall provide only technically knowledgeable instructors-- with skills in adult learning-- to present courses in response to requests from the target audience specified in Section C.1. Work under this task area may include, but is not limited to: (1) Delivering traditional, instructor-led classroom courses. (2) Delivering traditional, instructor-led classroom courses, with a contract instructor paired with a FHWA co-instructor. (3) Delivering web-conference and video-conference training courses a. Verifying the set up of the online learning room in the Web-conferencing tool including resetting all pods to the initial conditions for conducting a course. b. Providing both a Presenter and a Host or just a Host to work with the NHI-provided presenters for scheduled Web-conference courses. c. Coordinating with the presenter to practice using the online learning room to ensure that all course materials are available, checking room arrangements, familiarizing themselves with available and required features of the learning environment, and use of the pods. d. Delivering a written assessment of the session including but not limited to the number of registered participants, the number of participants that completed the course, the length of time participants took in each asynchronous module, the date, time, and length of each synchronous module, the average test scores of participants, any recommendations on which participants should not be awarded CEUs based upon insufficient participation, significant comments, and any recommendations for adjustments to the course materials. e. Delivering and supporting video conference sessions ensuring remote locations can access and participate with the course content as designed. f. Arranging for or presenting instructor training to enhance and optimize both the Government and contractor's presenters' skills in the delivery of synchronous Web-based training (often referred to as web conference training) delivery. g. Arranging for or presenting instructor training to enhance and optimize both the Government and contractor's presenters' skills in the delivery of video-based training delivery. The contractor shall in all cases, provide skilled, competent, knowledgeable, credible instructors with adult education experience. All instructors assigned should either be currently certified through the NHI Instructor Development or equivalent course, or achieve certification within one year after assignment to a Task Order issued hereunder. The Government reserves the absolute right to provide Government employees as presenters in lieu of the contractor staff. In some instances it may be necessary for the contractor to attend a train-the-trainer session to meld together a team of contractor and FHWA presenters to maximize their effectiveness. The NHI may, from time to time, during course delivery hold instructor conference calls to discuss processes, problems, outdated material, possible changes, and any other matters considered important to task performance. Offerors who are awarded Task Order for course delivery shall have at least one Project Manager or Instructor in attendance during NHI Instructor conference calls, unless prior notice is given of the upcoming absence, and the contractor receives approval, from the CO or COTR in advance of the conference call. Contractors shall distribute notes on items covered in NHI Instructor conference calls to their entire instructor team. C.7.6 BRIEFINGS Briefings to various groups are necessary from time to time to determine training needs, guide the development of curriculum materials, promote and market new products or courses, and gather customer feedback. These briefings may be conducted at the NHI facilities or other locations designated by the Government. Work under this task area may include, but is not limited to : • Prepare and present briefings or participate in discussions to determine training needs. • Prepare and present briefings on NHI products and activities. C.7.7 CURRICULUM REVISIONS Comments and recommendations for improvement of the course and/or course material can be expected throughout the life of this contract. It is anticipated that moderate adjustments or revisions of the course material, visual aids, and presentation will be made by the contractor as part of the contractor's normal preparation effort for course delivery at no additional cost to the Government. Examples of such revisions would be comments by participants and new specifications revisions approved by AASHTO. Moderate adjustments or revisions of the course material shall be coordinated with, and approved by the COTR and FHWA Technical lead for the course. When the contractor receives approval of revisions by the Government, the contractor shall prepare a revised 508 compliant version of the course materials which shall be delivered to the COTR within two weeks of receiving the government's approval. If, more significant revisions become necessary, such as reformatting major sections of the course, updating the material to add significant new technology, adjusting the sequence of presentation, or otherwise improving the curriculum and reference materials associated with this course, the contractor shall submit to the COTR a summary of recommendations for revising the curriculum and/or reference material and a detailed price estimate to complete the recommended work. The Government will review the contractor's recommendations and if acceptable, the Contracting Officer may definitize the authorized work by issuance of a Task Order modification to incorporate the recommendation(s) into the Task Order. The contractor shall not proceed with these revisions without written authorization from the Contracting Officer. C.8 SPECIFICATIONS FOR COURSE PRESENTATIONS: The Host Agency will furnish a training facility large enough to accommodate up to 30 participants (up to 40 participants for selected courses); is responsible for selecting and inviting participants; and providing flip charts, tape, pads, markers screens, audio/visual equipment, and extension cords. The instructors are responsible for bringing a laptop computer compatible with a multi-media projector (e.g. LCD projector) that supports operation of Microsoft ® PowerPoint 2000 or higher software, with compatible resolution; their copy of the Instructor Guide for the course; and any other, course-related materials agreed upon in the Task Order. The laptop computer and multi-media projector shall be capable of projecting images, videos, and other multi-media training materials at a resolution appropriate to the materials, and bright enough to be seen in a training room with some ambient light. The multimedia projectors should have a minimum capacity of 1000 lumens. The Government, unless otherwise indicated in a task order RFP, is responsible for printing and shipping participant course materials (e.g. Participant Workbook, Reference Manual, etc), NHI Class Roster, NHI Course Registration Forms, NHI Evaluation Forms, three-ring binders, and name tents. These materials are shipped to the Host Coordinator 30 days in advance of the class. The Government is not responsible for making travel arrangements for instructors. A variety of entities can serve as the "host" for an NHI course. These include: State or local transportation agencies; private sector consultants; associations, industry groups; other Federal agencies, etc. The host agency will designate a "local coordinator" whose name and phone number will be listed on the NHI website for sessions that have been confirmed. This person is the contact for any logistical information related to the scheduled session (e.g. publicizing the session, course registration, training location, directions, lodging information, etc). As the course registration contact, the Local Coordinator is responsible for selecting and inviting participants and can "sell" slots to others if space is available. Approximately 30 - 40 participants will be invited to attend each course. If the Local Coordinator requests additional slots, and if the local Coordinator guarantees that the training room will be large enough to comfortably accommodate up to 5 additional slots, the decision will be made by the COTR in concert with the session instructors to increase the class size by up to an additional 5 participants. The Local Coordinator will provide a training facility that meets the Americans With Disabilities Act (ADA) requirements, audio visual equipment, flip chart paper and stands, markers, etc. Most Local Coordinators arrange for morning and afternoon refreshments and provide information on nearby lunch options. Local Coordinators are also responsible for completing the NHI Certificates of Training. Additional information on Local Coordinator responsibilities is available in the Registration and Coordination section of the NHI catalogue, available on-line at: www.nhi.fhwa.dot.gov. For each course delivery the contractor shall: • Establish contact with the host coordinator at least 30 days prior to the course starting date to discuss classroom needs (e.g. size of the room, arrangement of tables and chairs, audio visual equipment, etc). This includes, but is not limited to, adjusting the class hours to match local work hours or preferences, and adjusting the presentation to allow increased or decreased emphasis on certain topics to accommodate local concerns or problems of interest to host agency personnel. • If appropriate, identify a course-related Subject Matter Expert (SME) at the host location at least 14 days in advance of the class (e.g. subject matter experts from FHWA Division offices, state or local highway agencies, etc) to discuss a scheduled course. The purpose of this discussion is to make the course more meaningful to participants by identifying local issues or hot topics that may be relevant to the presentation; referencing local policies; providing local examples to support course content; or arranging for a local speaker, if appropriate. • For courses with field trips, instructors shall interact with students during field trips, prepare photos of the field trip bridges and develop sample sketches of areas of field trip bridges and use them in presentations to the participants in their pre-and post-field trip presentations. • Transport all training aids to the course location. This includes all items to be used by the instructors, such as PowerPoint slides, pre-printed flip charts, videos, handouts, etc. • Provide and transport to the course location a suitable laptop computer, presentation software (e.g. PowerPoint) and a multi-media projector with a minimum of 1,000 lumens. • Prepare a daily schedule for each course and furnish a copy to each participant. • Ensure that all participants sign the NHI Class Roster, listing their name, title and employer. The Instructor is to fill in all information requested on the front page of the roster, including course number, title, and dates of presentation, instructor names and the Summary of Participants section. Provide the completed roster to the COTR within one (1) week after each course is complete. Since NHI invoices are generated from the Class Roster, this is an important requirement. • Ensure that all participants complete the NHI Course Registration Form, with all fields completed and corresponding "bubbles" filled in. In addition to providing input to NHI's database, this form also serves as the means of recording Continuing Education Credits (CEU's) for class participants. • Ensure that all participants complete the NHI Evaluation Form, with all fields completed and corresponding "bubbles" filled in. Instructor should bring their instructor number to courses, making sure to request an instructor number from NHI prior to the session if they do not already have one. The instructor shall provide copies of evaluation forms to both the COTR and Host Coordinator within two weeks after the course session, and also provide a summary of course evaluation scores and comments to the COTR within two weeks after the course session ends. Record comments and recommendations for course improvement from participants, course monitors, co-instructors, observers and others and provide a summary to the COTR, as needed. This feedback will be used to determine if minor updates are required or a more extensive course revision is necessary. • Make note of minor adjustments or updates of course materials, visual aids, etc. Examples include, but are not limited to, updating charts, tables, data, etc; replacing out-of-date photos; updating laws, regulations, policies, guidance, et cetera. Discuss these minor adjustments or updates with the COTR and proceed following approval. Include a summary of minor adjustments or updates to course materials in monthly progress reports, as well as through direct communication with the COTR. • Administer and proctor the End of Course Assessment when applicable. Should the selected tool be an objective test, participants not desiring CEUs may be excused. However, all participants should be encouraged to fully participate in the Assessment since it will reinforce the learning outcomes and ensure the Instructors have been successful in teaching the course material. Upon completion of the allotted time period, the Assessment tool shall be collected to maintain security. The participant answer sheets for objective assessment shall also be collected and scored by the instructors after the session has been completed. Participants achieving a score of 70 percent or higher will be eligible for the award of CEUs, provided they have attended 100 percent of the course. For bridge inspection courses: Instructors are required to score the assessment while the content of the assessment is reviewed, after the exams are collected. NHI Attendance Certificates shall only be provided to participants who passed the assessment. For participants who score below a 70%, in lieu of an attendance certificate, instructors shall issue a letter informing students they did not pass the course and encourage them to retake the course. A sample "No Pass" letter will be provided to contractors delivering bridge inspection courses. • Verify that all participants engaged in a case study understand and use the outcomes to achieve application level learning, attended 100 percent of the course and will therefore receive CEUs. Record the participant scores on the Session Roster form and provide one copy of the End of Course Assessment results to the COTR and to the host agency within two weeks after each course ends. For each synchronous Web-based presentation (Web-Conference Training), the contractor shall, as a minimum: • Log in at least 5 days in advance of the scheduled session start time to ensure that the training room is properly set up, links to external information and resources are functional, the presenter and host are confident that all pods are built and populated and become familiar with general use of the learning environment. • Ensure that each presenter has registered on the NHI Web site as an instructor; has indicated which courses they are under contract to instruct; has input their biography (not to exceed 2000 characters); and, has received a 4-digit NHI Instructor Code. Questions about the procedure may be directed to the NHI Instructor Liaison. • Discuss local conditions with the Local Coordinator and adjust the class hours to match local work hours or time zones as requested by the sponsoring agency. • Prepare a session agenda and one-page biography for each contract instructor and furnish copies to the Local Coordinator in advance of the session presentation. • Contact the appropriate Subject Matter Expert (e.g. FHWA division office rep, environmental agency rep, MPO staff, etc) at the session location and discuss local concerns, hot issues, or topics that would be relevant to those attending. • Adjust the presentation to allow increased/decreased emphasis on certain modules to accommodate the training needs of session participants. • A week before the start of the NHI session, visit the NHI Web site located at http://www.nhi.fhwa.dot.gov/, and check the Resources Page for delivery contractor/instructor resources and updates. • Log in at least 30 minutes in advance of the scheduled session start time to ensure that the training room is properly set up for the session and the Web-conference session dial-in number is posted. • Encourage all participants to complete the End-of-Course Assessment. • Encourage all participants to complete the NHI Course Evaluation form via the online link. • During the instruction of sessions, provide information to participants about other NHI courses that may aid their professional development. (A complete list of the NHI course listings can be found at http://www.nhi.fhwa.dot.gov/.) • Provide a written assessment report including, but not limited to the number of registered participants, the number of participants that completed the course, the length of time participants took in each asynchronous module, the length of each synchronous module, the average test scores of participants, any recommendations on which participants should not be awarded CEUs based upon insufficient participation, significant comments, and any recommendations for adjustments to the course materials within 2 weeks of the last synchronous meeting. C.9 REQUIREMENTS FOR IMPLEMENTING SECTIONS 504 AND 508 STANDARDS The NHI requires compliance with Sections 504 and 508 in all training development and delivery efforts. While the NHI course materials' need to be formatted for paper copies for classroom instruction, they may also need to be available for distribution in electronic formats such as via the FHWA/NHI website or on DVD/CD. All electronic documents (all electronic medium/media) that are prepared under this contract shall meet the requirements of Section 508 of the Rehabilitation Act, and any future clarifications of Section 508 of the Rehabilitation Act. All electronic documents are covered regardless of whether they are to be posted on a website, attached to an email, or saved on a CD, flash drive, office server, or other medium. Task Orders RFP's may be issued to include, but are not limited to: Preparing new or formatting previously developed instructional and reference material, and features such as hypertext and search capabilities into an electronic format that is compliant with Section 508 standards. Section 508 of the Rehabilitation Act of 1973, requires that electronic and information technology developed, procured, maintained, or used by the Federal Government be accessible to people with disabilities. Section 504 of the Act deals with accessibility for all participants in Government training classes. Section 504 specifically addresses classroom settings, course materials, and accommodations for special needs. Unless otherwise indicated, by submission of their proposal and acceptance of the award, the contractor represents that all required 504 and 508 compliance requirements shall be met. Contractors need to adhere to any updates to Section 508 made during the ID/IQ period of performance within 3 months of release of the updated law. Contractors need to adhere to any NHI Section 508 standards developed and/or updated during the ID/IQ period of performance within 3 months of release of the updated NHI Section 508 standards. Contractors shall provide documentation of testing of all electronic materials and submit proof of compliance testing (results, reports, etc.).This documentation shall accompany the submitted final deliverables. The Government and NHI are not responsible for providing Section 508 guidance and training beyond any potential future NHI guidance pertaining to Section 508. NHI will be using Netcentric's PAW software, or similar software to test the contractor's deliverables for 508 compliance. All course presentations (instructor-led, computer/Web-based, web conference, or blended) and training materials developed by the contractor shall comply with Sections 504 and 508. Contractors are responsible for training/educating themselves on Section 504 and 508 compliance. Deliverables and course presentations will be evaluated for compliance with Sections 504 and 508. 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. Vendors can view Section 508 of the Rehabilitation Act at http://www.access-board.gov/ and the Federal IT Accessibility Initiative home page at http://section508.gov/ C.10 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 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. (4) 508 Compliance: See Section C.9 of this RFP for more details on requirements of Section 508 of the Rehabilitation Act. C.10.1 DELIVERABLES: In accordance with FAR 52.227-14 (DEC 2007) the Federal Government shall have unlimited rights, as that term is defined in FAR 52.227-14, in all data first produced in the performance of this contract and all other data delivered under this contract. The contractor grants 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. C.10.2 PREPARATION FOR PRINTING 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, or other acceptable formats to be determined and agreed upon by the Government (i.e. CADD drawings, PowerPoint drawings, etc). 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), or other acceptable formats to be determined and agreed upon by the Government (i.e. a raster-based GIS layer, etc.). 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. C.10.3 ELECTRONIC AND INFORMATION TECHNOLOGY 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. Specific requirements for any Reference Manuals developed under this contract include the requirements listed below to ensure reference manuals are submitted to the Government in a format capable for posting on the FHWA Bridge Technology Program Office website. Requirements include: 1. When required in an individual task order, the contractor shall format reference manuals so that they are acceptable for posting on the FHWA Program Office website. Deliverables shall include a W3C valid html file and marked up following the styles and guidelines in items a-e listed below The contractor shall use the following sample html as the basis for the files: <!DOCTYPE html PUBLIC "-//W3C//DTD XHTML 1.0 Transitional//EN" "http://www.w3.org/TR/xhtml1/DTD/xhtml1-transitional.dtd"> <html xmlns="http://www.w3.org/1999/xhtml" xml:lang="en-US" lang="en-US"> <head> <title>Document Title</title> <meta http-equiv="Content-Type" content="text/html; charset=iso-8859-1" /> <link rel="stylesheet" type="text/css" media="all" href="css/topic.css" /> </head> <body>  </body> </html> Change only the title and the content html. The standard template will be applied to the files after they are provided to FHWA. The html files must follow these style guidelines: a. The document heading starts with h2 instead of h1. The next section will be h3, etc. h1 is reserved for the major topic (Hydraulics, Geotech, etc., and added as part of the standard template applied by FHWA. For example <h1>Hydraulics</h1> <h2>Title of this document</h2> <h3>Title of this chapter</h3> <h4>Title of subchapter</h4> b. Only styles from the FHWA Style Sheet topics.css (see Attachment H or http://www.fhwa.dot.gov/css/topics.css) and that should be minimal i. <table class="datatable col90"> ii. <p class="indent"> iii. <p class="center"> c. Close all tags d. Proper mark up, i.e, don't use h3 just to change the font color or use <strong> for a header. e. Tables - no fixed width tables or columns, use % (class="col25" for 25% etc., see Attachment H, FHWA Style Sheet topics.css) 2. When required in an individual task order, the Contractor shall format tables included in reference manuals so they meet Section 508 requirements. For tables to be 508 compliant, the contractor shall include scope or header/id. Below is sample html language that shall be included in html file deliverables. All images must include a description that conveys the meaning of the image. This description is included in the alt attribute of the img tag. a. Tables marked up with scope or headers/id. See sample table below for proper 508 and style sheet mark up <table class="datatable"> <thead> <tr> <th scope="col"></th> <th scope="col"></th> <th scope="col"></th> </tr> </thead> <tbody> <tr> <td scope="row"></td> <td></td> <td></td> </tr> <tr> <td scope="row"></td> <td></td> <td></td> </tr></tbody> </table> b. Descriptions of all images added to the image tag. <img alt="This is a picture of ___">. The descriptions must convey the intent of the image. 3. If deliverables include links to non-gov/mil websites, exit doors must be added. Add http://wwwcf.fhwa.dot.gov/exit.cfm?link= to anchors a. <a href="http://wwwcf.fhwa.dot.gov/exit.cfm?link=http://www.outsidelink.com">Link to another site</a> 4. When required in an individual task order, the Contractor shall use following the naming conventions for all html file delivered: a. File name 20 characters, only symbol allowed is _. No spaces b..cfm extension c. For documents that will have more than one file, the first file name is always abc00.cfm. Where abc can be any letters. Then next file is abc01.cfm, then abc02.cfm, etc. for all files. This is used for the standard FHWA document navigation. See http://www.international.fhwa.dot.gov/pubs/pl10010/ch00.cfm. 5. When required for an individual task order, the Contractor shall prepare images for the html files only in a.gif or.jpg format. The maximum width of any image will be 600 px. All the image used in the html file(s) will be in a folder called images. a. all will go in a folder called images. <img scr="images/thisimage.gif"> b. They must be.gif or.jpg. c. 600 px wide max SECTION D - PACKAGING AND MARKING D.1 PACKAGING Preservation, packing, and packaging of items for shipment shall be in accordance with best 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. Deliverables or shipments under this contract shall be delivered to the following address: Federal Highway Administration National Highway Institute 1310 Courthouse Rd Suite 300 Arlington, VA 22201 Or to: [COTR]@Dot.Gov 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 COTR 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 WARRANTY The contractor shall, without cost to the Government, repair, replace or re-perform the non-compliant products or services within the period specified in the notice. Failure to timely comply with the Contracting Officer's direction is a breach of contract, and entitles the Government to all its remedies for breach including termination for default and assessment of damages as provided in the Default clause of the contract. E.3 Work hereunder, including the annual report, shall be subject to review and acceptance by the Government. The COTR will provide the Governments acceptance for ALL deliverables under this contract. 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: https://www.acquisition.gov/far/ 52.246-2 Inspection of Supplies - Fixed-Price. (AUG 1996) 52.246-4 Inspection of Services - Fixed-Price. (AUG 1996) 52.246-16 Responsibility for Supplies (APR 1984) SECTION F - DELIVERIES OR PERFORMANCE F.1 PERIOD OF PERFORMANCE All work and services under this contract shall be performed within five years from the effective date on the contract. Task Orders may be issued up to the final day of the contract period of performance provided that the Task Orders can be completed within 12 months past the end date of 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. This is 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, and will be stated therein. 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, formats, and electronic files including but not limited to PowerPoint, Microsoft Word, PDF, JPEG, etc. The contractor shall allow free and unconditional use of these items, including distribution to other parties and the public for perpetuity. F.3 SOURCE CODE FOR SOFTWARE Delivery of all source code for all software developed under this contract will be in electronic format only, or as, otherwise detailed in the respective Task Order. F.4 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 COTR at the following address: Federal Highway Administration National Highway Institute 1310 Courthouse Rd Suite 300 Arlington, VA 22201 Attention: [COTR] Or to: COTR@Dot.Gov [The name of the COTR, e-mail address and other information will be provided after award.] 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 1200 New Jersey Avenue S.E. Area E65-101 Washington D.C 20590 Attention: [Contract Specialist] Or to: [Contract Specialist]@Dot.Gov [The name of the Contract Specialist, e-mail address and other information will be provided after award.] F.5 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. FAR 52.242-15 Stop Work Order (AUG 1989) FAR 52.247-34 F.O.B. Destination (NOV 1991) F.6 LEVEL OF EFFORT REQUIRED TO ACCOMPLISH WORK In the performance of Firm-Fixed Price Task Orders issued during the period of performance of 60 months (5 years) pursuant to the is contract, the contractor shall provide a minimum of $25,000 and a maximum of [To Be filled in, in the contract document] direct productive labor hours of technical and managerial effort. Direct productive labor hours are defined as actual work hours exclusive of vacation, holiday, sick leave and all other ABSENCES. SECTION G CONTRACT ADMINISTRATION DATA G.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. G.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. G.3 TASK ORDER PROCEDURE All funds expended under this contract shall be incurred, accounted for, and invoiced under individual Task Orders. 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 all eligible contractors 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 regulation. 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. In accordance with FAR 16.505 (a) (9) (i), the selection of a contractor to perform a Task Order is not subject to protest, except in limited circumstances. 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 Order Proposal Request (TOPR) developed by the Government, once work is identified. Such proposal requests will be issued electronically. The contractor should submit to the Contracting Officer a Task Order Proposal (TOP) within the time specified for submission. Task Order proposals will be submitted electronically, except as otherwise stated in the TOPR's and will include as a minimum: 1. Discussion of the technical approach for performing the work, as required in the Task Order RFP. 2. Period of Performance and Schedule of Work. 3. Estimated level of effort, types of staffing and number of hours, fixed hourly rates, including those in (5) below, and fixed hourly rates. 4. Travel, per diem, equipment and materials estimates. 5. An estimate for subcontractors and consultants, including direct labor hours and cost/price information if applicable. 6. Fixed prices (excluding travel costs) 7. Key personnel with their resumes. 8. Experience and past performance. 9. A confirmation that the contractors performance of the Task order will comply fully with the requirements of Section 504 and 508 of the Rehabilitation Act. 10. The contract number and RFP number for which the contractor is proposing. The cost for the preparation and submittal of the TOP is the responsibility of the contractor. The contractor will account for such cost in accordance with their disclosure statement/cost accounting system. G.4 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, as a minimum, the following information: 1. Name and signature of the Contracting Officer 2. Name of the COTR and Task Monitor 3. Contract Number, Task Order number Task Order effective date, and period of performance. 4. A description of the task including deliverables. 5. Accounting and appropriation data. 6. The negotiated fixed prices, and/or price not to exceed. 7. Document and reporting requirements, as applicable 8. Delivery or performance schedule. 9. Key Personnel 10. Billing information 11. Any other necessary information. The contractor shall not commence work on a Task Order without written authorization from the Contracting Officer. The contractor shall not change or modify the delivery schedule of any task order without written authorization from the Contracting Officer. The contract Administrator/Contracting Officer may modify Task Orders in the same manner as they are issued. In the event that there is a conflict between the requirements of the Task Order and the Contractor's proposal, the Task Order shall prevail. G.5 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.6 TRAVEL AND PER DIEM Travel and per diem under this contract 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 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. 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/21222 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 may 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, to include a comparison of actual costs with and without the additional travel day. Requests for use of a rental car shall always be justified, in advance of travel. Rental car 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 requesting a rental car, your justification must include the distance from the airport to the hotel and then to the training site. It must also provide 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.7 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 the Contracting Officer. The Contracting Officer will provide resolution. G.8 TECHNICAL DIRECTION Performance of the work under a Task Order is subject to the Technical Direction of the COTR or the designated Task Monitor. 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/TM do 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/TM 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/TM 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.9 KEY PERSONNEL 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. The following individuals are designated as Key Personnel under this contract: Position Name [Offeror fill in proposed personnel] [Offeror fill in proposed personnel] Instructors involved in delivering NHI learning events must also demonstrate high standards of professional conduct and do not discriminate against learners on the basis of gender, age, socioeconomic or ethnic background, religion, sexual orientation or disability. G.10 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 Administrator 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: A. Summary level for all tasks under the contract that includes as a minimum: 1. 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. 2. Any contract improvement recommendations. Examples include, but are not limited to making note of minor adjustments or updates of course materials, visual aids, updating charts, tables, data, etc; replacing out-of-date photos; updating laws, regulations, policies, guidance, etc. Discuss these minor adjustments or updates with the COTR and proceed following approval. 3. A listing of all invoices, invoice amounts, and the contract balance. Any projected funding needs. B. Summery on a task by task basis for all work under each specific Task Order that includes: 1. 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. 2. 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. 3. 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.11 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. G.12 ANNUAL PERFORMANCE REVIEW 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. The contractor shall revise staffing, work assignments, and financial controls, as needed, based on annual performance reviews. G.13 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 Administrator 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 Administrator. G.14 FUNDS AVAILABLE a. Currently funds in the amount of [________] total are obligated to this contract. b. Subject to the availability of funds and a modification signed by the Contracting Officer, tiny_mce_marker _________ may be obligated to the contract.. G.15 PAYMENT a. For each fixed price task order, the Government shall pay the contractor the fixed price(s) specified in the task order. Payment shall be made upon review and written acceptance of the fixed price deliverable(s) by the Government. b. 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. G.16 INVOICES Invoices submitted under this contract shall not contain prices from other contracts. The contractor shall invoice separately for each Task Order as they are issued under the contract, and 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 Contract Administrator as the invoicing point of contact. G.17 SUBCONTRACTS - ADVANCE NOTIFICATION AND CONSENT Under this contract, the requirements of FAR 44.2, CONSENT TO SUBCONTRACTS, have been fulfilled for the following subcontracts: [to be filled in at award, as negotiated] Any future change or revision to the Statement of Work or other applicable aspects of this contract shall include the subcontract(s) only to the extent that performance of the subcontract(s) is directly affected by the change or revision. SECTION H - SPECIAL CONTRACT REQUIREMENTS H.1 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. 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.2 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.3 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. The contractor shall include the above requirements in any subcontract awarded involving access to Government facilities, sensitive information, and/or resources. H.4 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. 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.5 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 Contractor Performance Assessment Reporting System, to record and maintain past performance information (CPARS). 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. H.6 SOURCE CODE FOR SOFTWARE Delivery of all source code for software developed under this contract shall be in electronic format or as detailed in the respective Task Order. Notwithstanding any other clause in this contract, the FHWA will have "unlimited rights", as that term is defined in FAR 27.401, in the software and source code delivered under this contract. As a result, the FHWA may modify and distribute the software and source code to the public, including employees of state departments of transportation, without restriction. H.7 INTELLECTUAL PROPERTY The contractor and subcontractors shall not copyright any paper, reports, forms, software, or other materials which are first developed under and are a part of its work under this contract without written approval of the Contracting Officer, and all proprietary rights to materials first developed under this contract shall rest solely with the Government, with no compensation to the contractor or subcontractors beyond the payments made under this contract. The Contractor and subcontractors agree that all copyright and patent right to materials, programs, reports, software, inventions and all other intellectual property developed under this contract shall be the property of the Government, and thereby assigns such reports and intellectual property to the Government. Upon completion or termination of this agreement, all reports prepared by the contractor or subcontractors, including all graphics, texts, and computer files, as instruments of service, shall become the property of the Government. In addition to the paragraph above, the term "contractor property" shall mean all pre-existing materials, including, but not limited to, any products, software, materials and methodologies and processes related to contractor's or subcontractors' products or services, all of which shall remain in the sole and exclusive property of the contractor or subcontractor or suppliers. Subject to receipt of payment in full and to the terms of this contract, the contractor and subcontractor grants the Government a non-exclusive, perpetual license to use the contractor property contained in the deliverables provided hereunder for purposes of the contract. H.8 RECORDS MANAGEMENT The contractor shall comply with all Federal and DOT records management regulations regarding Federal recordkeeping requirements including the creation, maintenance and use, and disposition of records in all media (paper, electronic, audiovisual, Web sites, etc.). Federal requirements can be located in Title 44, United States Code (USC), Chapter 31, at http://www.archives.gov/about/laws/fed-agencies.html, 44 USC Chapter 33 at http://www.archives.gov/about/laws/disposal-of-records.html, and Title 36, Code of Federal Regulations (CFR), Subchapter B, at http://www.archives.gov/about/regulations/subchapter/b.html. DOT requirements can be located in DOT Order 1350.2, Departmental Information Resource Management Manual (DIRMM), at http://cio.ost.dot.gov/portal/site/cio/dirmm/, particularly Chapter 9, Departmental Records Management Program, at http://cio.ost.dot.gov/DOT/OST/Documents/files/chapter9.doc. H.9 PROPRIETARY RIGHTS IN REPORTS All property rights, including publication rights, in progress reports and final reports produced by the Contractor in connection with this contract provided for hereunder shall rest in the Government. H.10 LIABILITY The Government cannot indemnify the Contractor or its subcontractor(s) from liability as a result of the performance of work under this contract. Therefore, the Contractor is required to obtain adequate property, vehicle and liability insurance during the entire period of performance, as appropriate, in accordance with the provisions of the clause at FAR 52.228-7, which is incorporated into this contract in Section I. Evidence of such insurance must be submitted to the Contracting Officer as a condition of award. H.11 ACKNOWLEDGMENT OF SUPPORT AND DISCLAIMER An acknowledgment of FHWA support and a disclaimer must appear in any publication of any material, whether copyrighted or not, based on or developed under this contract in the following terms: "This material is based upon work supported by the Federal Highway Administration under contract number DTFH61-11-D-________." Additionally, all materials must contain the following statement: "Any opinions, findings and conclusions or recommendations expressed in this publication are those of the author(s) and do not necessarily reflect the views of the Federal Highway Administration." H.12 REPRINTS OF PUBLICATIONS At such time that any article resulting from work under this contract is published, two reprints of the publication shall be sent to the COTR, clearly referencing this contract number and any other appropriate handling information. Written notification shall also be provided to the Contracting Officer. SECTION I - CONTRACT CLAUSES I.1 I.2. 52.202-1 Definitions. (JUL 2004) I.3. 52.203-3 Gratuities. (APR 1984) I.4. 52.203-5 Covenant Against Contingent Fees. (APR 1984) I.5. 52.203-6 Restrictions on Subcontractor Sales to the Government. (SEP 2006) I.6. 52.203-7 Anti-Kickback Procedures. (JUL 1995) I.7. 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity. (JAN 1997) I.8. 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity. (JAN 1997) I.9. 52.203-12 Limitation on Payments to Influence Certain Federal Transactions. (SEP 2007) I.10. 52.203-14 Display of Hotline Poster(s). (DEC 2007) I.11. 52.204-4 Printed or Copied Double-Sided on Recycled Paper. (AUG 2000) I.12. 52.204-7 Central Contractor Registration (APR 2008) I.13. 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (Jul 2010) I.14. 52.204-9 Personal Identity Verification of Contractor Personnel (SEP 2007) I.15. 52.209-6 Protecting the Governments Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (SEP 2006) I.16. 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters (JAN 2011) I.17. 52.215-2 Audit and Records - Negotiation. (JUN 1999) I.18. 52.215-8 Order of Precedence--Uniform Contract Format. (OCT 1997) I.19. 52.215-10 Price Reduction for Defective Certified Cost or Pricing Data (OCT 2010) I.20. 52.215-11 Price Reduction for Defective Certified Cost or Pricing Data - Modifications (OCT 2010) I.21. 52.215-12 Subcontractor Certified Cost or Pricing Data (OCT 2010) I.22. 52.215-13 Subcontractor Certified Cost or Pricing Data - Modifications (OCT 2010) I.23. 52.215-19 Notifications of Ownership Changes (OCT 1997) I.24. 52.215-21 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data. (OCT 2011) I.25. 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.26. 52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns (JUL 2005) I.27. 52.219-8 Utilization of Small Business Concerns. (MAY 2004) 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. 52.222-50 Combating Trafficking in Persons (AUG 2007) I.36. 52.222-54 Employment Eligibility Verification I.37. 52.223-5 Pollution Prevention and Right-to-Know Information (AUG 2003) I.38. 52.223-6 Drug-Free Workplace. (MAY 2001) I.39. 52.223-10 Waste Reduction Program (AUG 2000) I.40. 52.223-14 Toxic Chemical Release Reporting. (AUG 2003) I.41. 52.223-18 Contractor Policy to Ban Text Messaging While Driving (Sep 2010) 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. 52.226-22 Indefinite Quantity (OCT 1995) I.46. 52.227-1 Authorization and Consent. (DEC 2007) I.47. 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement (DEC 2007) I.48. 52.227-14 Rights in Data - General. (DEC 2007) I.49. 52.227-16 Additional Data Requirements (JUN 1987) I.50. 52.227-19 Commercial Computer Software - License. (DEC 2007) I.51. 52.227-23 Rights to Proposal Data (Technical ( JUN 1987) I.52. 52.228-5 Insurance-Work on a Government Installation (JAN 1997) I.53. 52.228-7 Insurance-Liability to Third persons (MAR 1996) I.54. 52.229-3 Federal, State, and Local Taxes. (APR 2003) I.55. 52.230-2 Cost Accounting Standards (OCT 2008) I.56. 52.232-1 Payments. (APR 1984) I.57. 52.232-8 Discounts for Prompt Payment. (FEB 2002) I.58. 52.232-17 Interest (JUN 1996) I.59. 52.232-22 Limitation of Funds (APR 1984) I.60. 52.232-23 Assignment of Claims. (JAN 1986) I.61. 52.232-25 Prompt Payment. (OCT 2003) I.62. 52.232-33 Payment by Electronic Funds Transfer -- Central Contractor Registration. (OCT 2003) I.63. 52.233-1 Disputes. (JUL 2002) I.64. 52.233-3 Protest after Award. (AUG 1996) I.65. 52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004) I.66. 52.237-2 Protection of Government Buildings, Equipment, and Vegetation (APR 1984) I.67. 52.242-13 Bankruptcy. (JUL 1995) I.68. 52.242-17 Government Delay of Work (APR 1984) I.69. 52.243-1 Changes - Fixed-Price. (AUG 1987) Alternate II (APR 1984) I.70. 52.244-2 Subcontracts (JUN 2007) I.71. 52.244-6 Subcontracts for Commercial Items (MAR 2007) I.72. 52.246-25 Limitation of Liability--Services (FEB 1997) I.73. 52.249-2 Termination for Convenience of the Government (Fixed-Price) (MAY 2004) I.74. 52.249-8 Default (Fixed-Price Supply and Service) (APR 1984) I.75. 52.252-6 Authorized Deviations in Clauses (1984) I.76. 52.253-1 Computer Generated Forms (JAN 1991) DEPARTMENT OF TRANSPORTATION ACQUISITION REGULATION (48 CFR 12) CLAUSES I.77. 1252.223-71 Accident and Fire Reporting (APR 2005) I.78. 1252.223-73 Seat Belt Use Policies and Programs (APR 2005) I.79. 1252.237-72 Prohibition on Advertising (JAN 1996) I.80. 1252.239-70 Security requirements for unclassified information technology resources (APR 2005) I.81. 1252.242-71 Contractor Testimony (OCT 1994) I.82. 1252.242-72 Dissemination of Contract Information (OCT 1994) I.83. 1252.245-70 Government Property Reports (OCT 1994) I.84. 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.81 52.216-22 Indefinite Quantity. (OCT 1995) (a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract. (b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum." (c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations. (d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 72 months after date of award. (End of clause) I.82 1252.237-70 Qualifications of contractor employees (Deviation). (MAY 2005) - Alternate I (OCT 2005) (a) Definitions. As used in this clause - "Sensitive Information" is any information that, if subject to unauthorized access, modification, loss, or misuse, or is proprietary data, could adversely affect the national interest, the conduct of Federal programs, or the privacy of individuals specified in The Privacy Act, 5 U.S.C. 552a, but has not been specifically authorized under criteria established by an Executive Order or an Act of Congress to be kept secret in the interest of national defense or foreign policy. (b) Work under this contract may involve access to DOT facilities, sensitive information, or resources (e.g., computer systems). To protect sensitive information, which shall not be disclosed by the contractor unless authorized in writing by the contracting officer, the contractor shall provide training to any contractor employees authorized to access sensitive information, and upon request of the Government, provide information to assist the Government in determining an individual's suitability to have authorization. (c) The Contracting Officer may require dismissal from work under this contract those employees deemed incompetent, careless, insubordinate, unsuitable, or otherwise objectionable, or whose continued employment is deemed contrary to the public interest or inconsistent with the best interest of national security. (d) Contractor employees working on this contract must complete such forms as may be necessary for security or other reasons, including the conduct of background investigations to determine suitability. Completed forms shall be submitted as directed by the Contracting Officer. Upon the Contracting Officer's Technical Representative (COTR) or Project/Program manager (PM) request, the Contractor's employees shall be fingerprinted, or subject to other investigations as required. (e) The Contractor shall ensure that contractor employees are citizens of the United States of America or aliens who has been lawfully admitted for permanent residence or employment (indicated by immigration status) as evidenced by Bureau of Citizenship and Immigration Services documentation; and (f) The Contractor shall immediately notify the COTR or PM when an employee's status changes (e.g., employee's transfer, completion of a project, retirement or termination of employment) that may affect the employee's eligibility for access to the facility, sensitive information, or resources. (g) To ensure the requirements of FIPS 201, Personal Identity Verification (PIV) or Federal Employees and Contractors, are met, the Contractor shall: (1) Provide a listing of personnel for whom an identification (ID) card is requested to the COTR or PM who will provide a copy of the listing to the card issuing office. This may include Contractor and subcontractor personnel. Follow issuing office directions for submittal of an application package(s). (2) While visiting or performing on a DOT facility, as specified by the issuing office, PM, or COTR, ensure that contractor employees prominently display their identification card. (3) Promptly deliver to the issuing office; (1) all ID cards assigned to an employee who no longer requires access to the facility; and (2) all expired ID cards within five (5) days of their expiration or all cards at time of contract termination, whichever occurs first. (4) Immediately report any lost or stolen ID cards to the issuing office and follow their instructions. (h) The Contractor shall include the substance of this clause in all subcontracts at any tier where the subcontractor may have access to Government facilities, sensitive information, or resources. (i) Failure to comply with these requirements may result in withholding of final payment. (End of clause) I.83 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. SECTION J - LIST OF ATTACHMENTS SOLICITATION ATTACHMENTS A. Proposal Cover Sheet (SF-33) B. Standard Form LLL, Disclosure of Lobbying Activities: http://www.fhwa.dot.gov/aaa/pdfs/sflll.pdf C. Past Performance Questionnaire - 2 pages D. Instructions for Completing Public Vouchers (SF-1034) http://www.dot.gov/ost/m60/tamtar/part1232.htm E. Price -Template F. DOT Form 4220.44 http://www.fhwa.dot.gov/aaa/pdfs/frm4220_44.pdf G. FHWA/NHI Style Guide (April 2009) http://www.nhi.fhwa.dot.gov/resources/docs/nhi_style_standards_guide_v_1_04_2009.pdf SECTION K - REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF OFFERORS K.1 52.204-8 Annual Representations and Certifications. (a)(1) The North American Industry Classification System (NAICS) code for this acquisition is __________________ [insert NAICS code]. (2) The small business size standard is _____________ [insert size standard]. (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)(1) If the clause at 52.204-7, Central Contractor Registration, is included in this solicitation, paragraph (d) 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 (d) 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 (d) applies. [ ] (ii) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation. (c)(1) The following representations or certifications in ORCA are applicable to this solicitation as indicated: (i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless- (A) The acquisition is to be made under the simplified acquisition procedures in Part 13; (B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or (C) The solicitation is for utility services for which rates are set by law or regulation. (ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000. (iii) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the clause at 52.204-7, Central Contractor Registration. (iv) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that- (A) Are not set aside for small business concerns; (B) Exceed the simplified acquisition threshold; and (C) Are for contracts that will be performed in the United States or its outlying areas. (v) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold. (vi) 52.214-14, Place of Performance-Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government. (vii) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government. (viii) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas. (A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard. (B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard. (ix) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas. (x) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity. (xi) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity. (xii) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items. (xiii) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts. (xiv) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA-designated items. (xv) 52.225-2, Buy American Act Certificate. This provision applies to solicitations containing the clause at 52.225-1. (xvi) 52.225-4, Buy American Act-Free Trade Agreements-Israeli Trade Act Certificate. (Basic, Alternate I, and Alternate II) This provision applies to solicitations containing the clause at 52.225-3. (A) If the acquisition value is less than $25,000, the basic provision applies. (B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies. (C) If the acquisition value is $50,000 or more but is less than $67,826, the provision with its Alternate II applies. (xvii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5. (xviii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan-Certification. This provision applies to all solicitations. (xix) 52.225-25, Prohibition on Engaging in Sanctioned Activities Relating to Iran-Certification. This provision applies to all solicitations. (xx) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to- (A) Solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions; and (B) For DoD, NASA, and Coast Guard acquisitions, solicitations that contain the clause at 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns. (2) The following certifications are applicable as indicated by the Contracting Officer: [Contracting Officer check as appropriate.] __ (i) 52.219-22, Small Disadvantaged Business Status. __ (A) Basic. __ (B) Alternate I. __ (ii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products. __ (iii) 52.222-48, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment Certification. __ (iv) 52.222-52, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Certification. __ (v) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA-Designated Products (Alternate I only). _X (vi) 52.223-13, Certification of Toxic Chemical Release Reporting. __ (vii) 52.227-6, Royalty Information. __ (A) Basic. __(B) Alternate I. _X_ (viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software. (d) 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 that apply to this solicitation as indicated in paragraph (c) of this provision 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. (End of provision) K. 2 FEDERAL PROCUREMENT DATA 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 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.4 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). 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 or 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 E65-101 by no later than 3:30 PM on April 18, 2011. 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 DTFH61-11-R-00004 To Be Opened By Authorized Government Acquisition Personnel Only L.2 LATE SUBMISSIONS The Government will process late submissions of proposals in accordance with FAR 52.215-1. If a proposal is received late and is not eligible for consideration, then the Government will reject that proposal without evaluation. 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 Questions &Answers 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 followed. 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 FACSIMILE SUBMITTALS Facsimile bids/proposals will not be considered for this solicitation. L.7 52.216-1 TYPE OF CONTRACT (APR 1984) The Government contemplates awarding Multiple, Indefinite Delivery/Indefinite Quantity contracts (with Firm-Fixed price Task Orders) as a result of this solicitation. L.8 NOTICE TO OFFERORS The offeror's 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, effective training and course materials. Proposals should address each area in Section C above using innovative, adult learning, training techniques proposed in ways that instructor led training will have maximum impact. Offerors may submit proposals for one, two or all three topic areas (Structures, Hydraulics, and Geotechnical). The technical proposals shall not exceed 20 pages per topic area and shall include a brief well written Executive Summary covering the technical and cost parts of the proposal. Any material in excess of the 20 pages per topic area for the technical proposal 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 the 20 page (Per each topic area) technical proposals. Company, University, or Transportation Center descriptive brochures may be included and are not part of the page limitations. 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 instructors, professional expertise, and sophisticated engineering and technical data gathering and analysis capability. Instructors involved in delivering NHI learning events must also demonstrate high standards of professional conduct and do not discriminate against learners on the basis of gender, age, socioeconomic or ethnic background, religion, sexual orientation, or disability. 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, how many courses you could deliver per month, 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.9 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 6 copies of their proposal on CD's identical to the paper copy in Word, Excel, and/or PDF format. The original proposal should be within a single binder containing the entire proposal (pricing and technical). L.10 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 electronic paper only. 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 J, 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.11 PAST PERFORMANCE QUESTIONNAIRES Offerors are responsible for submitting customer-completed Past Performance Questionnaires with their proposal as described below in this Section L. (See Section J, Attachment C). L.12 CENTRAL CONTRACTOR REGISTRATION All Contractors desiring to receive awards of DOT contracts, purchase orders, delivery orders, or other contractual vehicles must be registered in the Central Contractor Registration (CCR) database before receiving an award, and throughout the contract's period of performance. The CCR is a Federal Government web-based repository of Contractor information. Interested Offerors should read and understand the requirements of FAR 52.204-7. The Offeror must register in the CCR prior to receiving any DOT contract awards, and must maintain current, updated information in CCR throughout the performance period of the contract. 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. Offerors can register in CCR at any time 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. *****ALERT**** FRAUDULENT CCR LETTERS*********** Recently, current U. S. Department of Transportation (DOT) Contractors and potential Contractors have received fraudulent letters purporting to be issued by DOT. These fraudulent letters request that current or potential Contractors register in the Central Contractor Registration System (CCR). 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/ or call 1-888-227-2423. L.13 INSTRUCTIONS FOR PREPARATION OF PROPOSALS NOTE: The Offeror should indicate under Volume I of the proposal the name(s) and title(s) of the person(s) who actually wrote the proposal and his/her relationship to the offering company. NOTE: The Government's evaluation criteria are delineated in Section M, herein. Offerors are advised to carefully review Section M in preparing their proposal submissions. Responses submitted for this Request for Proposals (RFP) must adhere to the format and content instructions set forth below. These instructions have been specifically tailored to the process and the evaluation criteria to be applied during proposal evaluation. Failure to submit any of the information requested by this RFP may be cause for unfavorable consideration. Any inconsistencies between the various sections of an Offeror's response must be fully explained. A significant inconsistency, if unexplained, may raise a fundamental question of the Offeror's understanding of the work required, and ability to perform the contract. The Offeror's response should demonstrate its understanding of this procurement and capability for performance in a concise, logical, manner and should not contain superfluous material which is not directly related to this procurement. This RFP 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 their understanding of the terms and conditions of this solicitation, the instructions which follow, and the source selection process. The Government advises prospective Offerors to read the terms and conditions of the model contract (Page 1- 41) carefully and to refer any questions of interpretation to the Contracting Officer in writing sufficiently before the deadline for the receipt of proposals. The following document is incorporated by reference: "Guidelines for Preparing Federal Highway Administration Publications" (FHWQ-AD-88-001), dated January 1988, and Change 1 dated May 20, 1994. It may be reviewed at the following location: http://www.fhwa.dot.gov/legsregs/directives/orders/h17104.htm. Until a formal notice of award is issued, no communication by the Government either written or oral shall be interpreted as a promise that an award will be made. The Contracting Officer is the only individual who can legally commit or obligate the Government to the expenditure of public funds. No cost chargeable to the proposed contract can be incurred before receipt of a fully executed contract or specific written authorization from the Contracting Officer. L.14 PROCEDURE The Government will evaluate each offeror's written proposal (all volumes) for responsiveness to proposal specifications. Based on an examination of the pertinent information set forth within each offeror's initially-submitted written "Volume I - Relevant Technical Capabilities" proposal, the Government will evaluate each offeror's proposed approach for: • The offeror's proposed staff member's qualifications and experience in accordance with the Selection Factors as set forth below in Section M of this Solicitation • The offer's understanding of and approach to technical services support in accordance with the Selection Factor as set forth below in Section M of this Solicitation • The offeror's ability to provide technical assistance in the required technical, functional, and situational competencies in accordance with the Selection Factor as set forth below in Section M of this Solicitation The Government will combine the results of the initial evaluations performed under M.2 to arrive at an overall evaluation for each offeror. The Government will next examine each offeror's price in accordance with Selection Factor 4 as set forth in Section M of this solicitation. The Government will then establish a competitive range. (Optional: The Government Reserves the Right to Award a Contract Without Discussions): The Government reserves the right to award the contract(s), without discussion, to the most competitive offeror(s). It is therefore imperative that each offeror's initially-submitted written proposal present the offeror's best terms and be thoroughly documented. If and only if the Government decides to hold discussions, then the Government may invite the offerors within the competitive range to negotiations/discussions. L. 15 FORMAT FOR WRITTEN PROPOSAL All offerors shall submit the following: (1) RFP Section A, Executed Standard Form 33 and RFP, Section K. Blocks 12 through 18 of Standard Form 33 must be filled in as appropriate, signed, and returned with the offer. Section K of this RFP, "Representations, Certifications, and Acknowledgements," must be filled out, signed by an authorized organizational representative, and returned as part of your proposal. Submit one hard original and 14 hard copies of the materials specified in this subsection (1), and these materials may be placed within Volume II of the proposal. (2) Each offeror must submit two complete hard originals, 8 complete identical CD's (the hard copy must include the cover letter). The proposal shall be broken out into the volumes and parts described below. The pricing shall be submitted separately for both the hard original and identical CD's. Volume I - "Relevant Technical Capabilities". Volume I shall consist of the following: • Executed Standard Form 33 • Executive Summary • Proposal cover letter • Part I -Relevant Technical Capabilities and Approach • Part II - Staffing, Subcontracting • Part III - Past Performance All materials comprising Volume I shall be bound together or, as applicable, included in the same electronic folder. DO NOT place any past performance information, any experience descriptions, any resumes, executed Standard Form 33, RFP, Section K, or any Subcontracting Plans in Volume II. • Volume I - the combined total page count shall not exceed 150 pages. The 150-page limit includes all resumes. The 150-page limit also includes all letters, figures, tables, title pages, appendices and other ancillary materials. o Cover Letter - No more than 2 pages per task area o Executive Summary - No more than 6 pages per task area o Part I - no more than 20 pages for each Task Area (Structures, Hydraulics, and Geotechnical). Pages including all letters, figures, tables, title pages, appendices and other ancillary materials. Any narrative or prepared material that exceeds each page limit will not be considered by the staff who evaluate the submitted proposals. All pages in Part I must be numbered. o Part II - no more than 3 pages for each particular resume o Part III - The offeror shall submit no more than 10 related contract/subcontract past performance descriptions ranked and numbered from 1 to 10, with #1 being most relevant. Each description shall not exceed 3 pages each for a total maximum page count of 30 pages. Completed Past Performance Questionnaires do not count against this page limit. Volume II - "Business and Cost/Price Proposal" Volume II shall be bound separately from Volume I or, as applicable, included in a separate electronic folder. • The offeror may place its completed Representations and Certifications (Section K) in Volume II. o Part I - Cost Price Information  DOT Form 4220.44  Attachment E o Part II - Subcontracts/Consultants  Form CASB-CMF (Optional - see Part II (e.) Facilities Capital Cost of Money)) o Part III - Other Financial/Organizational Information  Balance Sheet (See Part III (g.)) Note: It is requested (but it is not required) that all binding be in the form of a plastic spiral binder at the left margin. Do not use paper clips or staples as binding. Volume I - Font, graphic, page, and formatting specifications Each double-sided page shall count as two pages for purposes of the page limitations noted above and in this paragraph. The Past Performance Questionnaires should not be included inside Volume I, and will not count in the page count. Except as stated below in this paragraph, Volume I shall be presented in 12 point font or larger. Subject to the exception stated in the next sentence, the dimensions of each page in Volume I shall be no greater than 8 ½ inches by 14 inches. Up to 20 of the 150 maximum pages in Volume I may be "fold-out" pages having dimensions not exceeding 8 ½ inches by 14 inches ----provided that any such fold-out pages are bound into Volume I and are folded down to a size not exceeding 8 ½ inches by 14 inches. Footnotes, legends, or labels associated with tables or diagrams, and other information which is ancillary to the main text, may be presented in a font size smaller than twelve point font---provided that any such smaller font is fully legible. Resumes are not considered ancillary material, and must therefore be presented in 12 point font or larger. Resumes may not be presented on fold-out pages. If, in order to place its entire Master Staffing Table on just one page (probably a fold-out page) an offeror needs to use a font size smaller than 12 point, then the offeror may do so, provided that the font size used on the Master Staffing Table is fully legible. Experience descriptions and completed Past Performance Questionnaires shall be provided only for work that was performed in a significant way by key personnel who are being proposed to SERVE on this particular contract. Names and the Roles of those being proposed to serve on this particular project shall be identified on each experience description and on each Past Performance Questionnaire submitted in the proposal. The role of the person who worked on the Past Performance shall be clearly indicated in the write-up. VOLUME I - RELEVANT TECHNICAL CAPABILITIES PART I - Staffing A. Provide a Table of Key Personnel and Their Other Commitments Provide resumes and a table showing the names of all proposed Key Personnel. For purposes of constructing that required table, the term "Key Personnel" shall include the: • Principal Investigator • Project Manager • Instructors • Instructional Systems Designer (for development teams) For each such individual, show the following, in that table: the name of the individual's employer; the position that the individual is proposed to occupy on this particular project; the project name and the contract number of every other project (Federal and non-Federal) on which the individual is currently committed to serve at any time during the period beginning on July 23, 2011 and ending on February 22, 2016; and, the number of hours that the individual is estimated to serve on each such "other project" in each year of that period. For purposes of this required table, an individual is "committed" to serve on only those "other projects" for which there is already in existence a signed contract, a signed task order, or some other mutually-binding written agreement. In other words, this table need not show "other projects" that are merely in the bidding phase and are not yet awarded. B. Provide Resumes for Other than Key Personnel Resumes shall be submitted for each of the remaining proposed labor category as identified in except that no resume is required for any administrative support personnel. Each resume shall clearly identify and describe the individual's related project experience and education as it relates to the performance of this contract and the position descriptions. The firm that the personnel work for should also be clearly identified. C. Provide a Master Staffing Capabilities Matrix Each offeror shall provide a Master Staffing Capabilities Matrix that crosswalk the personnel listed in the resumes to the competencies areas and tasks. The Master Staffing Capabilities Matrix must be a comprehensive one which covers not only the prime offeror's proposed internal staffing, but also the staffing proposed for each separate subcontractor and consultant. Resumes must support the ratings given in this matrix so that the ratings are substantiated and validated. It is requested----but it is not required----that the entire Master Staffing Capabilities Matrix be presented on just one page. Recall that under the circumstances specified above in "Page and Size Limits for Volume I", an offeror might qualify for using, in the Master Staffing Capabilities Matrix, a font size smaller than 12-point. Labor Categories The following skills/disciplines and/or expertise are believed to be necessary for the successful completion, of all topic areas, 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 1) Senior subject matter expert (bridge design, bridge inspection, geotechnical engineering and hydraulics engineering) 2) Mid-level subject matter expert (bridge design, bridge inspection, geotechnical engineering and hydraulics engineering) 3) Junior-level subject matter expert (bridge design, bridge inspection, geotechnical engineering and hydraulics engineering) 4) Senior Program Manager/Principal Investigator 5) Mid-level Program Manager/Principal Investigator 6) Senior Bridge Design/Bridge Inspection/Geotechnical/Hydraulics Instructor 7) Mid-Level Bridge Design/Bridge Inspection/Geotechnical/Hydraulics Instructor 8) Junior Bridge Design/Bridge Inspection/Geotechnical/Hydraulics Instructor 9) Senior-level Instructional Systems Designer 10) Mid-level Instructional Systems Designer 11) Junior-level Instructional Systems Designer 12) Administrative Support personnel 13) Senior-level 2D and 3D Modelers and Animators 14) Mid-level 2D and 3D Modelers and Animators 15) Junior-level 2D and 3D Modelers and Animators 16) Senior-level (Graphic Artist, Web Developer, Writer/Editor, Programmer, Research/Technical Writer) 17) Mid-level (Graphic Artist, Web Developer, Writer/Editor, Programmer, Research/Technical Writer) 18) Junior-level (Graphic Artist, Web Developer, Writer/Editor, Programmer, Research/Technical Writer) PART II - Approach to the Work Program Section C of the RFP includes a Statement of Work for the program. The purpose of this part of the offeror's response is to present the knowledge, understanding, and approach to addressing the work tasks that are anticipated. This response is not meant to regurgitate the Section C requirements, but to talk about the understanding of the issues involved, the approach to addressing such issues, and the unique experience of the offerors team to address such considerations. Due to the number of tasks and the page limitations, this will require the offeror to be concise and succinct. PART III - 5 Sealed Past Performance Questionnaires (in Original Proposal only) Each offeror's initially-submitted written proposal shall include no more than ten Past Performance Questionnaires completed by organizations for whom the offeror has performed or is performing work. The requirements (and the exceptions) as to the relevancy of the projects to be cited in those five Past Performance Questionnaires are the same as are given above for the Contract/Subcontract Experience Descriptions. Each prime offeror should attempt to include----within the five completed Past Performance Questionnaires----one Questionnaire describing work performed by each separate proposed major subcontractors on the Offerors team. IT IS IMPERATIVE THAT ALL FIVE OF THE COMPLETED PAST PERFORMANCE QUESTIONNAIRES ARRIVE IN THE FHWA'S OFFICE OF ACQUISITION MANAGEMENT IN THE VERY SAME OUTER BOX OR OUTER CONTAINER THAT ALSO ENCLOSES THE OTHER PORTIONS OF THE OFFEROR'S PROPOSAL. IN OTHER WORDS, THE PAST PERFORMANCE QUESTIONNAIRES CANNOT BE SUBMITTED SEPARATELY FROM THE OFFEROR'S PROPOSAL. Each separate Past Performance Questionnaire should be sealed by the customer who completed it, and must then be forwarded by that customer to the offeror, for inclusion in the offeror's proposal. In the original of the Volume II proposal, include a minimum of five completed Past Performance Questionnaires by the Offeror's customers 1. The completed questionnaires must be submitted by current (within the last three years) customers (both commercial and Government) involving similar or related services. 2. The completed questionnaires shall be from independent sources. 3. Offerors must submit each completed customer questionnaire in a separate envelope that has been sealed by the customer for confidentiality. 4. The Government may contact the customer point of contact (POC) for verification. POC telephone and facsimile numbers must be accurate and current. 5. Failure to provide complete information regarding previous similar and/or related contracts may result in eventual disqualification. The CO will consider such performance information along with other factors in determining whether the Offeror is to be considered responsible, as defined in FAR 9.101. The Offeror is responsible for ensuring the questionnaires are completed in a timely manner and are submitted with its proposal. NOTE: In evaluating an offeror's past performance, the FHWA reserves: (a) the right to look beyond the Past Performance Questionnaires submitted by the offeror, and the right to perform its own research into the offeror's past performance; and (b) the right to take into account any other information (not provided by the offeror) which the U. S. Department of Transportation possesses regarding the offeror's past performance. Past Performance Questionnaire Projects May Overlap with Projects Cited In Contract/Subcontract Experience Descriptions There is no requirement that the projects cited in an offeror's Past Performance Questionnaires be different from the projects cited in the offeror's Contract/Subcontract Experience Descriptions. An overlap is permissible. VOLUME II - Cost/Price Information This volume shall include all pricing information and certain general financial/organizational information, as described below: PART I - Cost/Price Information 1. The cost/price information is meant to determine an overall cost contract by the offerors team, as well as understand the details and assumptions that are included in the offeror's price for services. The man-hours for all labor categories and basic Other Direct Costs (ODC's) (See L.17 Below) that are anticipated have been estimated by the Government and are provided below (L.18 Estimated Level of Effort) for all, offerors as an input to the cost/price information preparation. It is recommended that the Estimates are used in completing the cost and price information and the calculations are clearly indicated herein. All offerors shall submit: a. Direct Labor Breakdown - Provide the costs for personnel, by labor category, that are anticipated over the five years of the contract period of performance. As a part of the Excel spreadsheet (Attachment E), the annual increases in labor cost escalation should also be inputted by the offeror to reflect anticipated changes in labor costs over the five year period. b. Other Direct Costs - Base year other direct costs (ODC's) are estimated by the Government and are included below in section L.18. As a part of the Excel spreadsheet, the annual increases in travel, equipment/materials, and other additional costs escalation should also be inputted by the offeror to reflect anticipated changes in ODCs over the five year period. The offeror may provide comments on ODC costs that they feel should be added, or deleted, due to their cost structure or assumptions. They may be addressed if they are short listed or selected for contract negotiations with the Government. c. Start-up Activities - For the first-year budget summary for Competency Area/Task 4.2.2 Start-Up Activities, a subsidiary budget summary showing only, and all of, the offeror's proposed costs and fee for any "Start-Up Task Order" desired by the offeror; or, as an alternative to submitting that subsidiary budget summary for the Competency Area/Task 4.2.2 Start-Up Activities, submit a certification that the offeror is not requesting a Start-Up Task Order and that the offeror will recover start-up costs, if at all, only through the application of the offeror's approved indirect cost rates d. Assumptions Made in Estimating Costs - For each of the above cost items, the offeror shall clearly indicate any assumptions and conditions that have been made in estimating costs. These will be important to both evaluating costs as well as may be discussed in future contract negotiations if short listing or contract negotiations are initiated. e. A separate budget summary showing the total proposed price for each separate year of the project; thus each offeror shall submit five of those yearly budget summaries. Budget summaries shall clearly identify the following information and utilize the following criteria as applicable: a. loaded labor by labor categories and by named individual, to include hours, un-loaded hourly pay rates, and pay escalations. These data shall be provided for the prime offeror and for all proposed subcontractors and affiliates. b. Other direct costs and travel costs (see sub-paragraphs b above) need not be itemized----except that any ODCs and any travel costs proposed for any Start-Up Task Order under Task A should be itemized. c. Any cost data or cost break-out which positively cannot be fitted and displayed on the applicable DOT Form 4220.44 may be shown on a separate attachment page or pages, to be included in the offeror's cost proposal. It is requested that any such attachment pages be presented immediately below the particular DOT Form 4220.44 to which they apply. The information described in paragraphs above is necessary to determine the adequacy of the offeror's proposal; to validate that the proposed costs are consistent with the technical proposal; and, to help identify unrealistically priced proposals. 1. Any information submitted must support the price proposed. Include sufficient detail or cross-references to clearly establish the relationship of the information provided to the price proposed. Support any information provided by explanations or supporting rationale as needed to permit the Government to evaluate the documentation. Such information is not considered cost or pricing data, and will not require certification in accordance with FAR 15.804-4. 2. NOTE: Each offeror must either: (a) add applicable indirect costs onto the un-loaded travel costs and onto the un-loaded Other Direct Costs prescribed above; or (b) explicitly confirm that the offeror, if awarded the contract, will never apply any indirect rates to un-loaded travel costs nor to un-loaded Other Direct Costs incurred under any resulting contract. 3. Facilities and Special Equipment, Including Tooling: It is the general policy of the FHWA not to provide general or special purpose equipment, facilities or tooling of a capital nature except in unusual circumstances. Items having a unit cost of less than $1,000 will not be provided to the contractor except as authorized with nonprofit institutions or State and local governments. If special purpose equipment of a capital nature is being proposed, provide a description of the items, details of the proposed cost including competitive prices, and a justification as to why the Government should furnish the equipment or allow its purchase with contract funds. 4. Your proposal must include a statement regarding availability of facilities and equipment necessary to accomplish the required work. If any or all of the required facilities are Government owned, a complete listing of these facilities is required and name of the cognizant Government agency furnishing the facilities and the facilities contract number(s). PART II - Subcontracts/ Consultants: If subcontractors and/or individual consultants will be used in carrying out the requirements of this project, the following minimum information concerning the subcontractor shall be furnished: a. Name and address of the subcontractor or consultant. b. Statement of work and work plan (schedule) for the portion of work to be conducted by the subcontractor or consultant. c. Names and positions of personnel who will work on the project. d. A letter or other statement from each proposed consultant and/or subcontractor indicating that he has been approached on the matter of participation in this contract/task order and that he is willing and able to do so in the terms indicated. e. A cost and price analysis of each Subcontractor/ Consultant proposal, as required under FAR 15.404-3 and in accordance with FAR 52.244-1(b)(7). In addition, show each proposed subcontractor's pricing on separate Contract Pricing Summary forms (DOT Form 4220.44, see Attachment F to this RFP), or show each sub's pricing on equivalent spreadsheets; and, in either case, be sure to show each subcontractor's pricing elements in the same level of analytical detail as is required for the prime offeror's internal pricing. And show each proposed independent consultant's pricing on separate Contract Pricing Summary Forms (or on equivalent spreadsheets), down to the level of the consultant's proposed numbers of staffing hours and the consultant's proposed (unloaded and loaded) hourly consulting pay rate(s) for those proposed hours. Subcontracting Plan Master Subcontracting Plan (In Volume I Proposal): Each prime offeror shall include within its Volume I proposal a complete copy of the prime offeror's Master Subcontracting Plan, satisfactorily addressing all of the administrative requirements set forth in FAR section 52.219-9. Procurement-Specific Subcontracting Plan (In Volume I Proposal): As prescribed in FAR 52.219-9, if the total contract price is expected to exceed $550,000, the offeror 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 under this particular project, then the offeror shall submit a Procurement-Specific Subcontracting Plan pursuant to FAR 52.219-9. If it is determined there will be no subcontracting opportunities under this particular project, then the offeror shall submit a statement of circumstances supporting that determination. All Procurement-Specific Subcontracting Plans and all statements supporting the absence of subcontracting opportunities must be acceptable to the Contracting Officer. Failure to submit and negotiate an acceptable Procurement-Specific Subcontracting Plan or a statement supporting the absence of subcontracting opportunities shall render the offeror ineligible for award of a contract. The Procurement-Specific Subcontracting Plan must provide breakouts of percentages and dollar values associated with small businesses, disadvantaged business enterprises (DBE), women-owned small businesses (WOSB), historically underutilized small businesses (HUBZone), service-disabled, veteran-owned small businesses (SDVOSB), and minority institutions of higher education (MIHE) as compared to the total amount bid for this effort. The Procurement-Specific Subcontracting Plan shall be included in the offeror's Volume I proposal. Note: The FHWA does not have pre-set subcontracting goals. Each proposal is evaluated on a case-by-case basis based upon potential availability of qualified small business concerns. However, offerors should be aware of subcontracting goals legislated under 15 U.S.C. 644(g) that prescribes goals of 3% for Service Disabled Veteran-Owned Small Business concerns (SDVOSB), 5% for Small Disadvantaged Business concerns (SDB), and 5% for Women-Owned Small Business concerns (W)SB). The extent, to which subcontracting opportunities are available to these concerns, as well as other non-minority owned small businesses (SB), Historically Black Colleges and Universities (HBCU), and other minority institutions of higher education, will be considered in the ultimate award decision. Note: The participation of small businesses, disadvantaged business enterprise firms (DBE), women-owned small businesses (WOSB), historically underutilized small businesses (HUBZone), service-disabled, veteran-owned small businesses (SDVOSB), and minority institutions of higher education (MIHE) is encouraged. Both the Master Subcontracting Plan and the Procurement-Specific Subcontracting Plan will be considered in the ultimate award decision. See Section M, Evaluation Factors for Award. Part III - Other Financial / Organizational Information Provide the following information: a. Indicate your fiscal year period (provide month to month dates). b. Indicate whether the proposed indirect cost rate(s) have been audited and accepted by any Federal audit agency. Give name, location, and telephone number of the agency, and the date of acceptance. If no Federal audit has taken place, data supporting the proposed rates over the past three years must accompany the cost proposal. The data shall include a breakdown of the items comprising overhead and G&A, and the base upon which the burdens are computed. c. Attach a current financial statement, including a balance sheet and income statement for the last completed fiscal year. Specify resources available to perform the contract without assistance from any other source. If sufficient funds are not available, indicate the amount required and the anticipated source (i.e., bank loans, letter or lines of credit, etc.). d. Standard Form LLL - Submit a completed Standard Form LLL, Disclosure of Lobbying Activities. e. Terminated Contracts - List any contract that was terminated for convenience of the Government within the past 3 years, and any contract that was terminated for default within the past 5 years. Briefly explain the circumstances in each instance. Estimated Other Direct Costs & Travel: Offerors should use the estimated figures below when preparing their proposal: L.16 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 in your proposal. More than one may be provided. POC:______________________________ E-mail:________________________ L.17 ESTIMATED OTHER DIRECT COSTS & TRAVEL Contract Period Estimated Travel Estimated Other Direct Costs Equipment/Materials Contract Period (5 Years) $360,000 $70,000 $50,000 L.18 ESTIMATED LEVEL OF EFFORT The Government's estimate of professional staffing hours, in accordance with Section C is listed below. NOTE: The ESTIMATED hours below should be used as a guide in preparing proposals. Labor Category Year 1 Year 2 Year 3 Year 4 Year 5 Senior subject matter expert (bridge design, bridge inspection, geotechnical engineering and hydraulics engineering) 500 500 500 500 500 Mid-level subject matter expert (bridge design, bridge inspection, geotechnical engineering and hydraulics engineering) 600 600 600 600 600 Junior-level subject matter expert (bridge design, bridge inspection, geotechnical engineering and hydraulics engineering) 700 700 700 700 700 Senior Program Manager/Principal Investigator 205 205 205 205 205 Mid-level Program Manager/Principal Investigator 350 350 350 350 350 Senior Bridge Design/Bridge Inspection/Geotechnical/Hydraulics Instructor 600 600 600 600 600 Mid-Level Bridge Design/Bridge Inspection/Geotechnical/Hydraulics Instructor 400 400 400 400 400 Junior Bridge Design/Bridge Inspection/Geotechnical/Hydraulics Instructor 200 200 200 200 200 Senior-level Instructional Systems Designer 100 100 100 100 100 Mid-level Instructional Systems Designer 200 200 200 200 200 Junior-level Instructional Systems Designer 400 400 400 400 400 Administrative Support personnel 165 165 165 165 165 Senior-level 2D and 3D Modelers and Animators 50 50 50 50 50 Mid-level 2D and 3D Modelers and Animators 50 50 50 50 50 Junior-level 2D and 3D Modelers and Animators 100 100 100 100 100 Senior-level (Graphic Artist, Web Developer, Writer/Editor, Programmer, Research/Technical Writer) 400 400 400 400 400 Mid-level (Graphic Artist, Web Developer, Writer/Editor, Programmer, Research/Technical Writer) 500 500 500 500 500 Junior-level (Graphic Artist, Web Developer, Writer/Editor, Programmer, Research/Technical Writer) 600 600 600 600 600 Total 6,120 6,120 6,120 6,120 6,120 L.19 PROPOSALS ON ONE OR MORE TASK AREAS Offerors are not required to propose to all task areas 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. L.20 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.21 52.233-2 SERVICE OF PROTEST (SEP 2006) (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 Federal Highway Administration, Office of Acquisition Management, HAAM-30, Mail Stop E65-101, Attn: Mr. Robert Robel, 1200 New Jersey Avenue, SE, Washington, DC 20590. (b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO. L.22 FEDERAL ACQUISITION REGULATIONS (48 CFR CHAPTER 1) SOLICITATION PROVISIONS 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 CO will make their full text available. The Offerors is cautioned that the listed provisions may include blocks that must be completed by the Offerors and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the Offerors 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 this address: http://www.acquisition.gov/far. 52.215-1 Instruction to Offerors-Competitive Acquisition (JAN 2004) - ALT I (OCT 1997) 52.215-20 Requirements for Certified Cost or Pricing Data and Data Other Than Cost or Pricing Data (OCT 2010) 52.215-22 Limitations on Pass-Through Charges-Identification of Subcontract Effort (OCT 2009) 52.216-27 Single or Multiple Awards (OCT 1995) 52.222-24 Pre-Award On-Site Equal Opportunity Compliance Review (FEB 1999) 52.222-46 Evaluation of Compensation for Professional Employees (FEB 1993) 52.237-1 Site Visit (APR 1984) 52.252-3 Alterations in Solicitation (APR 1984) 52.252-5 Authorized Deviations in Provisions (a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the provision. (b) The use in this solicitation of any Transportation Acquisition Regulations (48 CFR) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation. (End of provision) 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) Staffing; (2) Technical Approach; (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. Rating Methods for all Phases: Proposals will be numerically scored on Selection Factors Technical Approach and Staffing. The Past Performance will not be numerically scored, and will be evaluated as in section 3.1 below. Price will be evaluated for cost reasonableness and realism in accordance with FAR 15.404. Cost will not be numerically scored. Note that the Government reserves the right to revise the initial rating or to revise the initial numerical score given to any offeror on any Selection Factor or sub-factor, if, in the Government's judgment, such a revision is warranted by any relevant information that comes to the Government's attention in any Final Proposal Revision that the Government might request or through clarifications. M.2 EVALUATION FACTORS: 1. Staffing a. Proposed management; demonstrated ability to coordinate a team effort and produce quality timely results; ability of the Contractor to provide effective project management and client service. b. Academic credentials, spectrum of professional experience and technical competence of the proposed staff to develop effective curriculum materials and apply adult learning instructional design techniques for a training audience of practicing highway engineers and technicians in the subject areas (Structures, Hydraulics, Geotechnical). How will the contractor cover the three areas covered by the contract (Separate groups, teaming, staff, subcontractors, consultants)? Academic credentials, professional experience and technical competence to deliver meaningful, successful training in a classroom environment or via web conference or videoconference, in an interactive, engaging manner and accurately respond to in-depth technical questions from course participants, in one or more of the subject areas (Structures, Hydraulics, Geotechnical). c. An adequate number of highly qualified personnel available to meet the needs of the FHWA. What contingency plans are in place to replace key personnel over the life of the contract without any adverse impact on performance? Instructors certified in adult learning preferred. 2. Technical Approach a. Contract objectives, needs, and potential problems are well understood. Technical approach is clear, sound, feasible, innovative, and achievable. Instructional design principles will be incorporated into the development and delivery of NHI Training courses. Proposal includes new ideas for incorporation of modern visualization tools. b. Ability to clearly describe the objectives, needs, and the manner in which they will be addressed. Does not parrot the RFP language, but rather demonstrates a grasp of what is expected. Demonstrate a solid grasp of the subject area and familiarities with regulatory or programmatic issues that affect development and delivery of instructor-led and distance learning training. 3. Past Performance a. The offeror's proposed team has documented recent successful experience related to the applicable task requirements. b. Demonstrated recent successful experience developing final report reports and delivering effective presentations to technical audience in the transportation industry. c. Acceptable degree of successful performance in prior technical service contracts. The Government will evaluate the merits of each offeror's past performance based on its reputation with its former customers including the Government. Evidence can include references, samples of correspondence from satisfied clients, letters of recommendation, etc. 3.1 PAST PERFORMANCE DEFINITIONS AND RATINGS 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 or is substantially related to. "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. 4. Price Cost/Price proposals will be evaluated for cost reasonableness and realism in accordance with FAR 15.404. Price will not be numerically scored. The Government will evaluate the proposed individual cost elements (labor rates, indirect rates, etc.) to ensure proposed cost elements are fair, reasonable, and allowable. NOTE: Under the planned ID/IQ contract(s), prior to award of any Task Order, the Government will evaluate Task Order Price Proposals for cost/price reasonableness and Task Order Price Proposals will be negotiated as necessary. 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.
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U -- Structures, Hydraulics and Geotechnical Engineering Training - Amendment 1