MOD | 69 | Distance Learning, Training, Development, and Course Delivery for the National Highway Institute - Solicitation 1

FBO DAILY ISSUE OF AUGUST 18, 2010 FBO #3189
MODIFICATION

69 -- Distance Learning, Training, Development, and Course Delivery for the National Highway Institute - Solicitation 1

Notice Date: 8/16/2010
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: DTFH61-10-R-00035
Point of Contact: joseph a fusari, Phone: 2023664244, Robert G Prior, Phone: 2023664247
E-Mail Address: joseph.fusari@dot.gov, bob.prior@dot.gov
(joseph.fusari@dot.gov, bob.prior@dot.gov)
Small Business Set-Aside: N/A
Description: Attachment 2 of 2 Attachment 1 of 2 DTFH61-10-R-00035 RFP SF-26 This competitive acquisition is solicited in accordance with FAR Subpart 19.8 for the competitive 8(a) Program. This acquisition is restricted to qualified 8(a) Small Business Concerns. SECTION B SUPPLIES OR SERVICES AND PRICES/COSTS The Federal Highway Administration (FHWA) through the National Highway Institute (NHI) intends to award multiple 5-year, Indefinite Delivery/Indefinite Quantity contract (ID/IQ) under which fixed price Task Orders will be issued. The Task Orders may require the conversion, development, revision, updates, deployment, presenter preparation and/or assist in the delivery of training in the broad area of Surface Transportation. Such training may include, but not be limited to, courses in modern developments, techniques, and procedures, relating to highway planning, environmental factors, acquisition of rights-of-way, engineering, safety, construction, inspection, maintenance, and contract administration. PRICING STRUCTURE Task Quantity Firm Fixed Price Kick-Off meeting 1 $_____________ The minimum funding guarantee for the contract is $25,000. Each Task Order issued hereunder will be individually funded. It is estimated that the dollar value of all task orders will amount to approximately $4,500,000 over the 5-year period. Unless specifically stated otherwise, the contractor shall furnish all necessary facilities, materials, and personnel to perform services necessary to complete each Task Order issued. All authorized travel will be reimbursed at cost in accordance with the Travel and Per Diem clause (reference Section G). SECTION C DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK C.1 BACKGROUND The National Highway Institute (NHI) 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, Metropolitan Planning Organizations (MPOs), 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 NHI to best accomplish its training mission, which is to fill the voids not being met by other sources, 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 allow participants to interact with the content. 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 is rapidly opening new avenues for cost savings, complying with divergent schedules, and training larger audiences in shorter periods of time. The NHI intends to explore these avenues by providing enhancements to the current approaches or outright replacement of current approaches as appropriate to achieve the desired outcomes. To assist us in these efforts we are looking to broaden our prime contractors beyond the traditional engineering companies to include training companies, companies with an ability to develop distance delivery material, and a proven track record with distance delivery mechanisms. C.2 SCOPE OF WORK This ID/IQ contract provides for the development, revision, promotion, and presentation of training in the broad area of Surface Transportation. Topics may come from the general categories of Structures, Pavements and Materials, Geotechnical, Design and Traffic Operations, Construction and Maintenance, Hydraulics, Intelligent Transportation Systems, Freight and Transportation Logistics, Real Estate, Environment, Transportation Planning, Civil Rights, and/or Highway Safety. It may also include the conduct of any research required for the development of a specific course, and other support services that may be required for the promotion of the training program. The contractor shall incorporate accepted Instructional System Design principles using adult learning techniques in the development of courses, materials, and instruction. C.3 OBJECTIVE The objective of this contract is to effectively develop a curriculum of high quality training dealing with all aspects of surface transportation issues. Work shall be performed in accordance with the terms of this contract and individual Task Orders issued. Potential offerors may view courses currently being offered along with the course objectives and the target audiences on the NHI Web site at http://www.nhi.fhwa.dot.gov/. C.4 Kick-off Meeting, The contractor shall attend a Kick-off meeting for approximately 2-6 hours, which will include the following attendees: the contractor's key personnel, including the Program Manager, the Contract Officer's Technical Representative (COTR), and additional FHWA support staff. The purpose of the Kick-off Meeting is to introduce the contractor and Government teams as well as to provide background information, clarify course content issues, define roles and responsibilities, establish timelines and respond to questions. This meeting is generally held at the U. S. DOT Headquarters in Washington D.C., 1200 New Jersey Avenue, S.E., Washington, D.C. 20590. C.5 GENERAL WORK DESCRIPTION Specific work to be performed will be set forth under individual Task Orders. However, Task Orders will generally consist of work in the following task areas: The Government reserves the right to issue a Task Order for one or more of the areas described below. Task Area A: Training Needs Analysis and Evaluation of Training Effectiveness 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. Part of this process involves development of material precisely targeted to participant needs and learning styles. 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. Task Orders may be issued to include, but are not limited to, the following: 1. Conducting analysis 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. Developing an organized and logical approach to fulfill the NHI's needs within projected budget allocations. 3. Conducting analysis of target audiences to determine specific training needs, course objectives and learning outcomes for identified target areas. 4. Conducting and analyzing post course evaluations to determine effectiveness of delivery methods, course content, and instructional presentation in accomplishing the training objectives. 5. Evaluating and proposing alternative delivery strategies and learning environments that encourage greater participation and knowledge transfer from the learning environment into the workplace. Task Area B: Technical Review Panel Coordination The quality of NHI courses is improved if the interests of selected groups are represented on panels that will provide comments during a needs assessment or during a course development process. Their review of proposed curriculum material as it evolves can be invaluable. Task Orders may be issued to include, but are not limited to, the following: 1. Establishing and coordinating panels representing the Federal Highway Administration (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. Task Area C: Course Development, Revision and Updates The NHI offers a constantly changing battery of courses, some of which 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 and policies, computer programs, et cetera, 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 the training for maximum effectiveness ensuring participants have an opportunity for learning within the defined constraints of the designated learning environment. Part of this process involves the development of material precisely targeted to participant needs and providing clearly articulated Learning Outcomes. The principles of adult learning and Instructional System Design will be incorporated into each course, as well as a learning assessment (i.e. post tests, exercises, skill demonstration, etc) in order to be consistent with IACET (International Association of Continuing Education and Training) requirements. 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 from 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: 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. In short, 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. In addition, 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. It comes 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 authorized 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, the 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, but are not limited to case studies, skills demonstrations, and objective tests. To this end, the contractor shall develop "end of course assessments" that fully measure the 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 a typical assessment within 45 minutes; time to administer the test shall be reflected in the course agenda. In developing the assessment tools, the assessments shall include objective measures such as multiple choice questions, matching questions, fill in the blank, in limited circumstances - true/false, 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 participant'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 may be used and are described below. 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 participant. True/False Useful for testing knowledge. Consists of a single statement. 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 participant 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 presenter, instructions for the participant, 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 participant mastery of each course-learning outcome and to provide multiple versions of a test. Task Orders may be issued to include, but are not limited to, the following: 1.Developing, revising, or updating curriculum material including course outlines, facilitator guides, participant workbooks, and visual aids. 2.Developing new or converting existing curriculum material into a format that can be delivered by distance learning such as by satellite, Web-based, virtual worlds, or other electronic medium such as CD-ROM. The typical "players" in an NHI course development include the Contracting Officer's Technical Representative (COTR), the Technical Review Panel (TRP) (i.e. the FHWA program office lead contact, other agency representatives, target audience reps, stakeholders, etc) and the contractor Project Team (both subject matter experts and instructional systems designers) secured through the Task Order process. Once a contractor is selected for a task order, the following are typical stages in an NHI course development process: Kick-off Meeting, typically includes the following attendees: the contractor's key development personnel, including the Instructional System Designer, the COTR, the TRP and the Contract Officer, if available. The purpose of the Kick-off Meeting is to introduce the players, provide background information, clarify course content issues, define roles and responsibilities, establish timelines and respond to questions. The specific details for Kick-off meetings will be included in Task Orders. Technical Review Meetings, usually conducted via online meetings at appropriate checkpoints in the development process. The purpose of a technical review meeting is to discuss relevant technical issues in the course materials, based upon government comments previously provided. Such a meeting provides clarity both ways between the technical panel and the contractor. The contractor provides electronic files for the DRAFT presentation deliverables as specified in the task order in advance of the technical review meeting. The specific details for Technical Review meetings will be included in Task Orders. Technical Walk Through Meetings, usually scheduled four to six weeks in advance of the pilot. At this meeting, the Contractor Project Team shall deliver all presentation materials to the COTR in advance of the technical walkthrough. The Contractor Project Team, COTR and Technical Review Panel shall "walk through" the curriculum materials and exercises. It will include the following attendees: the contractor's key development personnel, ISD, presenter(s), the COTR and TRP. The purpose of the Technical Walk Through 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, virtual field trips or other course content issues and secure approval to proceed. All presentation materials shall be complete at this stage. The Contractor Project Team will make any adjustments to course materials before the pilot and is responsible for providing all materials to the COTR in sufficient time to allow distribution of materials in advance of the pilot. The specific details for Technical Walk Through meetings will be included in Task Orders. Pilot course is scheduled as a "beta test" when the course reaches "FINAL DRAFT" and presented by the contractor before a representative target audience. The COTR, the NHI ISD, and the Technical Review Panel 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 will facilitate a de-briefing of participants at the end of the course. Feedback will be incorporated in the final course development. Course development, update, or revision Task Orders may include, but are not limited to, developing or designing the following items: Draft Course Outlines High-level and Detailed-level Design Plans Participant Workbooks Facilitator Guides Executive Summaries Resource Manuals and materials Visual Aids Audio or Video Files Digitized Products (CDs/DVDs) Case Studies Computer Applications Group Exercises Independent Exercises Task Area D: 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. Part of this process involves development of material precisely targeted to participant needs and learning styles. Task Orders may be issued to include, but are not limited to, the following: 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. Task Area E: Course Delivery The NHI's synchronous Web-based courses are generally taught in teams of two, a presenter which is an individual knowledgeable and credible in the content area, and a host which is an individual skilled in using the features and functions of the synchronous environments. The NHI's synchronous video-based courses are generally taught in teams of two instructors, including combinations of contractor instructors and NHI-provided 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. Task Orders may be issued to include, but are not limited to, the following: 1.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. 2.Providing both a Presenter and a Host or just a Host to work with the NHI-provided presenters for scheduled Web-conference courses. 3.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. 4.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. 5.Delivering and supporting video conference sessions ensuring remote locations can access and participate with the course content as designed. 6.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 delivery. 7.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, and knowledgeable support that helps ensure participants can engage in the course content as designed and intended to achieve the desired learning outcomes. To be truly effective, synchronous training requires skilled, competent, knowledgeable, credible, presenters, with adult education experience. In some instances, the FHWA will provide a presenter to co-teach classes. It may be necessary to conduct train-the-trainer sessions to meld together a team of contractor and FHWA presenters to maximize their effectiveness. C.5 Typical Specifications for Course Presentations Contained in a Task Order: The Host Agency typically furnishes a learning environment to accommodate the participants; is responsible for selecting and inviting participants; and for video conference sessions, will provide flip charts, tape, pads, markers; screens, VCR's, extension cords, and related audio-visual equipment for all local and remote locations. A variety of entities can serve as the "host" of an NHI course. These include: State or local transportation agencies; resource agencies, Metropolitan Planning Organizations (MPOs); environmental agencies, private sector consultants; transit providers; other Federal agencies, etc. The host agency will designate a "local coordinator" whose name and phone number will be listed on the NHI Web site 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. Up to 30 participants will be invited to attend each course. If the Local Coordinator requests additional slots, and the Coordinator guarantees that the training environment will comfortably accommodate learner participation, the COTR in concert with the session presenters will make the final decision. The Local Coordinator will provide a training facility that meets ADA requirements, audio visual equipment, flip chart paper and stands, markers, etc. Many 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. The host and presenters are responsible for connecting to the learning environment, using the Facilitator Guide and any other, course-related materials specified in the Task Order for the proper delivery of the course. For on-site instruction such as a video conference, the instructor is responsible for bringing a laptop computer with appropriate course materials and a multi-media projector (e.g. LCD projector) that supports operation of Microsoft ® PowerPoint 2007 or higher software, with compatible resolution; 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 transmitted to remote locations. The Government is normally 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, blank Certificates of Attendance, 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 presenters. For each synchronous Web-based presentation, 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 and check the Resources Page for delivery contractor/instructor resources and updates (http://www.nhi.fhwa.dot.gov/). 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.6 REQUIREMENTS FOR IMPLEMENTING SECTIONS 504 AND 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. On August 7, 1998, the President signed into law the Workforce Investment Act of 1998, which includes the Rehabilitation Act Amendments of 1998. Section 508 was originally added to the Rehabilitation Act in 1986; the 1998 amendments significantly expand and strengthen the technology access requirements in Section 508. While Section 508 addresses accessibility issues relative to electronic media such as Web postings, Web sites, computer simulations, and videos, Section 504 deals with accessibility for all participants in Government training classes. Section 504 specifically addresses classroom settings, course materials and accommodations for special needs. It has been determined that some of the deliverables to be developed under this contract are subject to the requirements of Sections 504 and 508 of the Rehabilitation Act of 1973, as amended in 1998. Unless otherwise indicated, by submission of their Task Order proposal and acceptance of the Task Order award, the contractor represents that all required 504 and 508 compliance requirements will be met. The NHI requires compliance with Sections 504 and 508 in all training development and delivery efforts. To the greatest degree possible, NHI contractors must meet all accessibility needs of its participants. While it is not feasible to anticipate every situation and every learner's needs, putting forth a "best effort" is mandatory. All course presentations (instructor-led, computer/Web-based, or blended) and training materials developed by the contractor shall comply with Sections 504 and 508. Deliverables and course presentations will be evaluated for compliance with Sections 504 and 508. Older Government furnished course materials are being updated to ensure 508 compliance as quickly as possible. For more information about accessibility issues please refer to the NHI Style Guide and NHI Instructional Design Guidelines for Ensuring 504 and 508 Compliance, which are available on-line at www.nhi.fhwa.dot.gov. Section 508 of the Rehabilitation Act requires the Architectural and Transportation Barriers Compliance Board (Access Board) to create Federal standards for electronic and information technology (EIT) products to make them more accessible to people with disabilities. Access Board standards applicable to EIT are: "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. The term electronic and information technology (EIT) includes, but is not limited to, telecommunications products, such as telephones and cell phones; information kiosks and transaction machines; World Wide Web sites; multimedia; office equipment, such as copiers and fax machines. EIT includes computers, ancillary equipment, software, firmware and similar procedures, services (including support services), and related resources." In addition to the work requirements specified in this Statement of Work, tasks may be modified from time to time. The contractor shall ensure that all documents they prepare meet the requirements of Section 508 of the Rehabilitation Act. The Act requires that all electronic products prepared for the Federal Government be accessible to persons with disabilities, including those with vision, hearing, cognitive, and mobility impairments. 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/ SECTION D PACKAGING AND MARKING D.1 PACKAGING Preservation, packing, and packaging of items for shipment shall be in accordance with commercial practice and adequate for acceptance by common carrier for safe transportation at the most economical rates. D.2 SHIPMENT AND MARKING The contractor shall clearly mark each shipment in accordance with U.S. Postal Guidelines and include the company name, this contract and Task Order number, and (when appropriate), the item identification, quantity of items, and notice of partial or final delivery. SECTION E INSPECTION AND ACCEPTANCE E.1 Accessibility of Electronic and Information Technology Each Electronic and Information Technology (EIT) product or service furnished under this contract shall comply with the Electronic and Information Technology Accessibility Standards (36 CFR 1194), as specified in the contract as a minimum. If the Contracting Officer determines any furnished product or service does not comply with the contract, you 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 base contract. E.3 52.252-2CLAUSES INCORPORATED BY REFERENCE (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address: http://www.arnet.gov/far/ All work hereunder shall be subject to review by the Government. 52.246-2Inspection of Supplies - Fixed-Price. (AUG 1996) 52.246-4Inspection of Services - Fixed-Price. (AUG 1996) 52.246-16Responsibility for Supplies (APR 1984) SECTION F DELIVERIES OR PERFORMANCE F.1. PERIOD OF PERFORMANCE The period of performance for ordering under this contract is five years from the effective date on the contract. Task Orders may be issued up to the final day within the period of performance provided that they can be completed within 12 months past the end 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 at the sole discretion of the Contracting Officer. Performance shall begin on the effective date of the contract. The period of performance for a specific Task Order will be determined prior to the effective date of the Task Order. All work and services required hereunder including preparation and submission of final reports shall be completed within each Task Order's period of performance. F.2 USE OF DELIVERABLES Items developed and delivered under this Contract are the property of the Government. These include all source code, executables, technical approaches, and formats. The contractor shall allow free and unconditional use of these items, including distribution to other parties and the public for perpetuity. F.2.1 Deliverables: All work produced must meet the standards for electronic deliverables. In accordance with FAR 52.227-14 (DEC 2007) The Federal Government will have unlimited rights in all data first produced in the performance of this contract and all other data delivered under this contract. The contractor will grant to the Government, and others acting on its behalf, a paid-up, nonexclusive, irrevocable worldwide license for products completed under this contract, to reproduce, prepare derivative works, distribute copies to the public, perform publicly and display publicly, by or on behalf of the Government. F.3.2 All publications funded by the FHWA must show the proper departmental "mark and signature" on the front cover, title page, and (space permitting) the spine. Internet documents must show the mark and signature at the beginning of the document or on the document's "cover" page. The full "mark and signature" must be used, which includes the DOT mark (the triskelion), the Department's name, and the Administration's name. The Administration's name must appear in bold typeface. The logo may be reproduced in any color that is appropriate to the color themes of the publication, as long as the elements of the color used allow for sufficient contrast to read and understand the sign and accompanying text. The "same color is used for the entire "mark and signature (logo), including the DOT/FHWA names. The only exception to the one-color rule is the use of DOT blue (Pantone 285) for the triskelion, and black for the text. No other two-color combinations can be used. The logo may not be rearranged, altered, added to, or edited. If the publication is a jointly prepared document, the FHWA logo must appear if the 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. The 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. The FHWA supports only Adobe InDesign and PageMaker for print job purposes. It does NOT support Quark Express, MS Publisher, or any other layout/design software for final print jobs. Graphics to be included in print publications should not be embedded in the design software (i.e. Adobe InDesign, etc.). All graphic elements must be linked from a separate "links" (or other suitably named) folder. Photographs and other graphic elements must be a minimum of 300 dpi for standard print jobs. Photos and other images should be displayed in a publication at the same size (or smaller) than the physical size of the element. Enlarging raster images will cause pixilation. Color used in full-color (process) production must be in CMYK-not RGB. All fonts and graphics must be included in the final deliverable. A separate list of all fonts and linked graphics must accompany the deliverable for printer identification. All illustrations are to be done as vector drawings, and all final design and layout deliverables from contractors must include all original source files in their native software configuration. As with all layout publications, original vector artwork that includes text must also include the original fonts used in the element. Adobe Illustrator is the preferred choice for vector drawings, and Adobe InDesign the accepted choice for print layout applications. Adobe PDFs as a substitute for originals are NOT acceptable and should never be used as a final deliverable without the accompanying original files. In the case that final deliverables include layered raster elements, the original layered version of the element is to be included in the final deliverables statement. The preferred software for layered raster elements is Adobe Photoshop (.psd), or Adobe Fireworks (.png-layered). The final electronic files for printing shall be delivered to the FHWA on CD-ROMs, or other acceptable media to be determined and agreed upon. The disk shall include all necessary files for producing the printed document, and be accompanied by the standard GPO Form 952, Desktop Publishing----Disk Information. F.2.3 All electronic and information technology (EIT) procured through this Contract must meet the applicable accessibility standards at 36 CFR 1194, unless an agency exception to this requirement exists. 36 CFR 1194 implements Section 508 of the Rehabilitation Act of 1973, as amended. EIT is defined as any equipment or interconnected system or subsystem of equipment that is used in the creation, conversion, or duplication of data or information, or used in the automatic acquisition, storage, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information. EIT includes, but is not limited to, telecommunications products (such as telephones), information kiosks and transaction machines, World Wide Web sites, multimedia, office equipment such as copiers and fax machines. It includes computers, ancillary equipment, software, firmware and similar procedures, services (including support services), and related resources. Contractors must ensure that all EIT that they provide either (1) meets the technical provisions of the Section 508 Access Board Standards applicable to a given procurement [see below] or (2) uses designs or technologies as alternatives to those prescribed in the specified technical provisions, provided they result in substantially equivalent or greater access to and use of a product for people with disabilities. The following standards have been determined to be applicable to this contract: 1194.22 Web-based intranet and internet information and applications. 1194.24 Video and multimedia products. 1194.31 Functional performance criteria. 1194.41 Information, documentation, and support. Note: The standards do not require the installation of specific accessibility-related software or the attachment of an assistive technology device, but merely require that the EIT be compatible with such software and devices so that it can be made accessible if so required by the agency in the future. All deliverables for posting on the World Wide Web must conform to the Minimum Requirements for FHWA Web Pages. Deliverables will be evaluated for Section 508 compliance. Non-conforming deliverables will be returned to the contractor to be brought into conformance at the contractor's expense. F.2.4 FHWA minimum standards for web page development are: FHWA Web Pages will be encoded to conform to HTML 4.01 Transitional or higher, as defined by the World Wide Web Consortium. File names will not exceed 20 characters in length. File names will be lower case, consist solely of letters, numbers and the underscore and will not contain slashes, spaces, tildes or hyphens. File extensions are to be 3 characters or less whenever possible (i.e..htm instead of.html). All web pages will have a title in the head section of HTML documents. The title should be unique (to the server), brief, and descriptive - not to exceed 150 characters in length. Web pages must be free of broken links or missing images. All links to pages within the server will be relative. Web pages posted on the public Internet will have a standard header and footer. Web pages posted on StaffNet will use the standard templates. FHWA web pages will comply with Section 508 web accessibility standards as established by the Architectural Transportation Barriers Compliance Board. All textual files posted on the FHWA Internet server will be available in HTML format. All other formats (PDF, Word, Excel, PowerPoint, etc.) will have HTML equivalents. The bodies of web pages will use sans-serif fonts, e.g., Arial or Helvetica. Internet web pages will feature "exit doors" on links to non-government web sites (anything other than a federal, state or local governments). All entry point web pages on the Internet will feature a privacy policy statement (or a link to the Agency privacy policy statement on the main server). F.3 FORMAT FOR DELIVERABLES At a minimum, the contractor shall provide all report deliverables in camera-ready hard copy and an electronic copy in Microsoft Office 2007 or equivalent on a CD-ROM(s). In addition, electronic files containing the word processing, graphic, and table data may be required as deliverables for individual Task Orders. The contractor shall establish electronic file transfer capabilities such that correspondence and deliverables can be communicated electronically to the appropriate FHWA Program Office. F.3.1 All publications funded by the FHWA must show the proper departmental "mark and signature" on the front cover, title page, and (space permitting) the spine. Internet documents must show the mark and signature at the beginning of the document or on the document's "cover" page. The full "mark and signature" must be used, which includes the DOT mark (the triskelion), the Department's name, and the Administration's name. The Administration's name must appear in bold typeface. The logo may be reproduced in any color that is appropriate to the color themes of the publication, as long as the elements of the color used allow for sufficient contrast to read and understand the sign and accompanying text. The "same color is used for the entire "mark and signature (logo), including the DOT/FHWA names. The only exception to the one-color rule is the use of DOT blue (Pantone 285) for the triskelion, and black for the text. No other two-color combinations can be used. The logo may not be rearranged, altered, added to, or edited. If the publication is a jointly prepared document, the FHWA logo must appear if FHWA has contributed to the publication. Logos from other DOT modes or Federal agencies may appear along with the FHWA logo on jointly prepared publications. If another agency is a co-author, then that agency's seal or logo should appear to the right or directly below the FHWA logo. F.3.2 Original publication must adhere to generally accepted "Standard Printing Practices" acknowledged by the printing industry. The FHWA as a government agency uses the Microsoft Operating System (OS). Other operating systems, including Macintosh/Apple are not an acceptable format as final deliverables. The contractor shall deliver all work in MS OS editable file formats. FHWA supports only Adobe InDesign and PageMaker for print job purposes. It does NOT support Quark Express, MS Publisher, or any other layout/design software for final print jobs. Graphics to be included in print publications should not be embedded in the design software (i.e. Adobe InDesign, etc.). All graphic elements must be linked from a separate "links" (or other suitably named) folder. Photographs and other graphic elements must be a minimum of 300 dpi for standard print jobs. Photos and other raster images should be displayed in a publication at the same size (or smaller) than the physical size of the element. Enlarging raster images will cause pixilation. Color used in full-color (process) production must be in CMYK-not RGB. All fonts and graphics must be included in the final deliverable. A separate list of all fonts and linked graphics must accompany the deliverable for printer identification. All illustrations are to be done as vector drawings, and all final design and layout deliverables from contractors must include all original source files in their native software configuration. As with all layout publications, original vector artwork that includes text must also include the original fonts used in the element. Adobe Illustrator is the preferred choice for vector drawings, and Adobe InDesign the accepted choice for print layout applications. Adobe PDFs as a substitute for originals are NOT acceptable and should never be used as a final deliverable without the accompanying original files. In the case that final deliverables include layered raster elements, the original layered version of the element is to be included in the final deliverables statement. The preferred software for layered raster elements is Adobe Photoshop (.psd), or Adobe Fireworks (.png-layered). The final electronic files for printing shall be delivered to the FHWA on CD-ROMs, or other acceptable media to be determined and agreed upon. The disk shall include all necessary files for producing the printed document, and be accompanied by the standard GPO Form 952, Desktop Publishing----Disk Information. F.3.3 FHWA minimum standards for web page development are: FHWA Web Pages will be encoded to conform to HTML 4.01 Transitional or higher, as defined by the World Wide Web Consortium. File names will not exceed 20 characters in length. File names will be lower case, consist solely of letters, numbers and the underscore and will not contain slashes, spaces, tildes or hyphens. File extensions are to be 3 characters or less whenever possible (i.e..htm instead of.html). All web pages will have a title in the head section of HTML documents. The title should be unique (to the server), brief, and descriptive - not to exceed 150 characters in length. Web pages must be free of broken links or missing images. All links to pages within the server will be relative. Web pages posted on the public Internet will have a standard header and footer. Web pages posted on StaffNet will use the standard templates. FHWA web pages will comply with Section 508 web accessibility standards as established by the Architectural Transportation Barriers Compliance Board. All textual files posted on the FHWA Internet server will be available in HTML format. All other formats (PDF, Word, Excel, PowerPoint, etc.) will have HTML equivalents. The bodies of web pages will use sans-serif fonts, e.g., Arial or Helvetica. Internet web pages will feature "exit doors" on links to non-government web sites (anything other than a federal, state, or local governments). All entry point web pages on the Internet will feature a privacy policy statement (or a link to the Agency privacy policy statement on the main server). F.4 SOURCE CODE FOR SOFTWARE Delivery of all source code for all software developed under this contract will be in both electronic and paper format or as detailed in the respective Task Order. Package and ship deliverables to: Federal Highway Administration National Highway Institute 4600 N. Fairfax Drive, Suite 800 Arlington, VA 22203 COTR : ¬¬¬__________ 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. SECTION G CONTRACT ADMINISTRATION DATA G.1 PAYMENT Upon completion of a specific task or course delivery, the contractor may invoice for the line item fixed prices stated in Section B of each Task Order, plus any authorized cost reimbursable travel and per diem expenses. Invoices shall be submitted to the address stated below. The contractor shall refer to clause 52.232-25 Prompt Payment in Section I of the contract for instructions on submitting invoices. To preserve rights to timely payment or interest penalties if the government payment is late, the contractor is cautioned that a proper invoice includes the following information, displayed clearly and prominently on Page 1: 1.Name of the business concern, invoice date and invoice number. Sequential numbering of invoices under each Task Order is preferable. 2.Task Order number 3.NHI Course Number and NHI Course Title. 4.Service being invoiced (e.g. task completion on a course development task order; dates and location of course deliveries; travel associated with milestone meetings or course deliveries, etc). 5.Amount of current invoice 6.Signature of an authorized official, certifying that the invoiced amounts are proper. 7.Taxpayer Identification Number The cumulative amount billed to date, and supporting documentation for travel, per diem or other reimbursable costs should be displayed on subsequent pages of the invoice. INVOICES FAILING TO FOLLOW THESE INSTRUCTIONS ARE NOT PROPER FOR PAYMENT AND WILL BE RETURNED FOR CORRECTION. Invoices submitted for each Task Order shall not contain costs from other contracts or Task Orders. The contractor shall submit all invoices to one of the following addresses: All invoices and required supporting documents should be sent via e-mail to the following address: 9-AMC-AMZ-FHWA-Invoices@faa.gov. (a) Include the invoice as an attached PDF document (b) Include the following in the e-mail subject line: (i) Invoice Number (ii) Task Order Number (iii) Name of your Company/Organization. (iv) Attention: ¬¬¬¬_______ Example: Invoice No. 35 - DTFH61-08-C-00001 - ABC Company - Attention: ______ If the invoice and supporting documents exceed 8 MB as an e-mail attachment, you must select one of the other submission options presented below: Invoices submitted via an overnight service must use the following physical address: MMAC FHWA/AMZ-150 6500 S. MacArthur Blvd Oklahoma City, OK 73169 Attention: ________ Express Delivery Point of Contact: Heather Pitt, 405-954-9579 Invoices may be submitted via regular U.S. Postal Service to the following address: Federal Highway Administration Markview Processing P.O. Box 268865 Oklahoma City OK 73126-8865 Attention: _______ All invoices, regardless of submission method, must identify the Contracting Officer as the invoicing point of contact. Since it is necessary for you to go to the GSA per diem web page to ascertain the correct hotel and M&I expense rates, it would be very helpful to our review and approval process to include a copy of the web page, with the applicable per diem line highlighted. Payments may be delayed when we cannot determine from the invoice which rate applies, and thus cannot approve the invoice without going back to the contractor for more information G.2 TASK ORDER PROCEDURE All funds expended under this contract shall be incurred, accounted for and invoiced under individual Task Orders. It is likely that Task Orders will be partially funded initially, and incrementally funded thereafter, as needed. 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 within the awarded topic area. The Government expects to issue a solicitation for a Task Order proposal to each eligible contractor, asking for a technical proposal and pricing information. However, the Government may issue Task Orders on a non-competitive basis or limited competitive basis, as may be appropriate and authorized by law. The Contracting Officer will select the offer that is considered most advantageous to the Government, considering the technical merit of each proposal, key personnel, cost, and past performance on other Task Orders. Task Order solicitations will specify the evaluation criteria that will be utilized, together with a statement of the relative importance of each criterion. The selection of a contractor to perform a Task Order is generally not subject to protest. Each Task Order will provide specific information on the work to be performed, the objectives or results desired, a period of performance, deliverables, pricing and other terms specific to the individual Task Order. The work shall be conducted by the contractor on an "as needed" basis, within the scope of the contract. The exact nature and extent of the contractor's work under this contract will be based upon written Task Orders developed by the Government. Oncework is identified, the Government will issue a Task Order Request for Proposal (RFP). Such requests will be issued electronically. The contractor shall submit to the Contracting Officer a Task Order Proposal (TOP) within the timeframe specified for submission. Normally, these will be submitted electronically and will typically contain: Discussion of why the contractor is qualified to be considered for the Task Order award. Demonstration of subject matter expertise and experience within the Task Order RFP subject area, for both development and delivery task orders. Evidence of instructional systems design credentials for training development/update task orders. Evidence of adult learning experience, completion of the NHI Instructor Development Course, and/or NHI Instructor Certification for training delivery task orders. Listing of Key Personnel, including resumes for each (no more than 3 pages). Proposed Schedule of Work. Estimated level of effort, including staff positions, number of hours allocated to each position, and an estimate for subcontractors and consultants, including direct labor hours and cost information, if applicable. Period of Performance Past performance. Fixed prices The cost for the preparation and submittal of the Task Order Proposal (TOP) is the responsibility of the contractor. In lieu of submitting a TOP, if the contractor is not able or does not wish to compete for a specific task order, the contractor must so state in writing to the Contracting Officer. However, contractors are encouraged to make every effort to explore teaming, subcontracting or other arrangements so as to be able to propose on every offered task order. G.3 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 pricing, the FHWA will issue a Task Order. The contractor shall acknowledge acceptance of the Task Order and shall immediately proceed with the conduct of the work. Task Orders will contain the following information: 1. Name and signature of the Contracting Officer. 2. Contract Number, Task Order number and Task Order effective date. 3. A description of the task, including deliverables. 4. Accounting and appropriation data. 5. The negotiated fixed prices. 6. Document and reporting requirements, as applicable 7. Delivery or performance schedule. 8. Key Personnel 9. Billing information G.4 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 Federal Acquisition Regulations (FAR) 16.505 (b) (5), an ombudsman has been appointed to hear and facilitate the resolution of contractor's concerns resulting from a 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.5 TRAVEL AND PER DIEM Travel and per diem will be reimbursed in accordance with the Federal Acquisition Regulation and the Federal Travel Regulations (FTR) in effect at the time of the travel. Task Orders will include an estimated cost for travel on a "not to exceed" basis. Travel reimbursed under this contract shall be based on the most economical form of transportation available only. Any costs deemed unreasonable will be reduced to a reasonable amount. Improper costs will be disallowed and deducted from the invoice. Any exceptions shall be fully justified and if at all possible, be approved in advance by the Contracting Officer. All travel shall be scheduled sufficiently in advance to take advantage of available discount rates. Travel requirements shall be met using the most economical form of transportation available. This includes using connecting rather than direct flights, and reasonable efforts to ensure that the most economical flight reservations are secured. Simply relying on a travel agent may not be sufficient. If economy class transportation is not available, the invoice must include justification for use of higher class travel, indicating dates, times, and flight numbers. The following web site provides information on current FTR and per diem rates: http://www.gsa.gov/portal/category/21287 If the contractor purchases non-refundable tickets as a cost saving measure, and then is required to change or cancel the tickets due to causes beyond their control, the contractor may claim reimbursement for service charges. Unused tickets paid for by the Government must be sent promptly to the Contracting Officer, unless it is likely they can be reissued for a later trip and the company maintains an adequate accounting system to protect the tickets from misuse, and ensures the Government will not be billed for the subsequent trip. Complete justification and accounting must be provided with the invoice. Saturday overnight stays are not required to take advantage of lower fares. If the traveler chooses to stay over, the Government will reimburse the contractor for the additional lodging and per diem expenses if the reduced cost of the airline ticket offsets these expenses. Complete justification and accounting must be provided with the invoice. Use of a rental car shall always be justified, and 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 using a rental car, your justification must include the distance from the airport to the hotel and then to the training site. Additionally, rental car justification must include the name, phone number, and cost of a shuttle service/taxi, or a 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 secure the Government rate for auto rentals and hotel rooms. Authorization letters will be issued to travelers, upon request. G.6 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 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, make any commitments, or otherwise obligate the Government. The COTR is NOT authorized to make 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 and believes this will affect the terms, conditions, schedule or pricing, the contractor shall not proceed with such direction. Rather, the contractor shall discuss their reservations with the COTR, and if the issues cannot be resolved, then the contractor shall notify the Contracting Officer who will resolve the matter. G.7 TECHNICAL DIRECTION Performance of work under each Task Order is subject to the Technical Direction of the COTR. The term "Technical Direction" is defined to include, without limitation, the following: a.Direction 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, approval and/or rejection of technical reports, drawings, specifications and technical information to be delivered by the contractor. All Technical Direction must be within the general scope of work stated in the Task Order. The COTR does not have the authority to, and may not issue any Technical Direction that: (i) constitutes an assignment of additional work outside the general scope of the base contract; (ii) constitutes a change as defined in the base contract clause entitled "Changes"; (iii) in any manner causes an increase or decrease in the prices set forth in Section B; or (iv) changes any of the expressed terms, conditions or specifications of the Task Order. All Technical Direction must be issued in writing, or shall be confirmed in writing by the COTR within 3 working days after issuance. The contractor shall proceed promptly with the performance of duly issued Technical Directions. However, if in the opinion of the contractor, the direction issued by the COTR is within one of the proscribed categories in (i) through (iv) above, the contractor shall not proceed, but shall notify the Contracting Officer in writing, within 3 working days after receipt of any such direction. The Contracting Officer will determine if the Technical Direction is proper, or if a contract modification would be required to properly implement the direction. Failure of the parties to agree upon the nature of the direction, or upon the contract action to be taken with respect thereto, shall be subject to the base contract clause entitled "Disputes." G.8 KEY PERSONNEL Those involved in the developing, administering, or 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. As part of their contract proposal and each Task Order proposal, the offeror/contractor shall designate a Project Manager and other personnel deemed to be essential for successful completion of the contract/Task Order. For instructional delivery contracts/task orders, all instructors are considered Key Personnel. These individuals shall be listed in the contract/task order as Key Personnel. In the event any 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 Contracting Officer by email. Such notice will include an explanation of the key personnel change, the name and resume of a proposed replacement instructor with equal or better qualifications and experience, and an explanation on why there would be no impact on contract performance. All replacements are subject to the prior, written approval of the Contracting Officer. However, the Government reserves the right to approve such replacements retroactively when circumstances prevent advance approval. G.9 FUNDS AVAILABLE The clause entitled "LIMITATION OF FUNDS" applies to this contract. The clause "LIMITATION OF FUNDS" and "LIMITATION OF COST" applies to each Task Order as applicable. Any notification required on the part of the contractor shall be made in writing to the Contracting Officer. In the event that the contract is not funded beyond the estimated cost set forth in the schedule, the contractor shall deliver to the Contracting Officer the data collected and the material produced or in process or acquired in connection with the performance of the project provided herein together with a summary report electronically of its progress and accomplishments to date. a.Currently funds in the amount of ________ total are obligated to this contract. b.Funds will be obligated as each task order is issued. All work is to be performed under a fully executed Task Order. SECTION H - SPECIAL CONTRACT REQUIREMENTS H.1 CONTRACT START UP The contactor shall be prepared to accept and respond to Task Order RFPs upon the effective date of the contract. H.2 PROCUREMENT AUTHORITY The FHWA Office of Acquisition Management is the only agency that is authorized to place orders under this contract, or to modify, suspend or terminate this contract. The Contracting Officer is the only individual within FHWA authorized to perform this function. H.3 NONPERSONAL SERVICES CONTRACT This contract is a "nonpersonal services contract" as defined FAR Section 37.101. It is understood and agreed that the contractor and their employees, consultants and subcontractors: 1.Shall perform the services specified herein as independent contractors, not as employees of the Government; 2.Shall be responsible for their own management and administration of the work required, and bear sole responsibility for complying with all technical, schedule, or financial requirements or constraints attendant to the performance of this contract; 3.Shall be free from any direct or indirect supervision or control by any government employee; however, 4.Shall, pursuant to the government rights under contract clauses such as "Inspection" and "Key Personnel," comply with such general direction of authorized Government employees, as is necessary and appropriate to ensure accomplishment of the contract requirements and objectives. H.4 GOVERNMENT FURNISHED PROPERTY Any Government Furnished Property provided for the performance of this contact shall be accounted for as provided in Transportation Acquisition Regulation, Subpart 1245.5. H.5 POST AWARD EVALUATION OF CONTRACTOR PERFORMANCE a. Contractor Performance Evaluations Annual and final evaluations of contractor performance will be prepared on this contract/task order in accordance with FAR 42.15. The final performance evaluation will be prepared after completion of all work. Annual and final evaluations will be provided to the contractor as soon as practicable after completion of the evaluations. The contractor can elect to review the evaluation and submit additional information or a rebuttal statement within thirty days. Contractor response is voluntary. Any disagreement between the parties regarding an evaluation will be referred to a Reviewing Official at a level above the Contracting Officer, whose decision is final. Copies of the evaluations, contractor responses, and review comments, if any, will be retained as part of the contract file, and may be used to support future award decisions. b.Electronic Access to Contractor Performance Evaluations The Department of Transportation currently utilizes the National Institutes of Health (NIH) Contractor Performance System (CPS) to record and maintain past performance information. NIH reached a decision to not revamp the CPS and to officially end service to all customers on September 30, 2010. The DOT is in the process of transitioning to the Contractor Performance Assessment Reporting System (CPARS) on October 1, 2010. The contractor shall identify an individual who has authorized access to the evaluation for review and comment to serve as its primary contact. In addition, the contractor shall identify a secondary contact responsible for notifying the Contracting Officer in the event the primary contact is unavailable to process the evaluation within the required 30-day time period. The Contracting Officer will register the contract in CPARS and assign roles for the contractor and Contracting Officer Technical Representative in CPARS. A system generated e-mail from CPARS will be sent to both individuals notifying them of their roles and the contract/task order number registered in CPARS. Complete registration and user procedures will be provided once CPARS is available to the agency. PART II SECTION I - CONTRACT CLAUSES I.1.52.202-1 Definitions. (JUL 2004) I.2.52.203-3 Gratuities. (APR 1984) I.3.52.203-5 Covenant Against Contingent Fees. (APR 1984) I.4.52.203-6 Restrictions on Subcontractor Sales to the Government. (SEP 2006) I.5.52.203-7 Anti-Kickback Procedures. (JUL 1995) I.6.52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity. (JAN 1997) I.7.52.203-10 Price or Fee Adjustment for Illegal or Improper Activity. (JAN 1997) I.8.52.203-12 Limitation on Payments to Influence Certain Federal Transactions. (SEP 2007) I.9.52.203-14 Display of Hotline Poster(s). (DEC 2007) I.10.52.204-1 Approval of Contract (DEC 1989) I.11.52.204-2 Security Requirements (AUG 1996) I.12.52.204-4 Printed or Copied Double-Sided on Recycled Paper. (AUG 2000) I.13.52.204-7 Central Contractor Registration (APR 2008) I.14.52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (Jul 2010) I.15.52.209-6 Protecting the Governments Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (SEP 2006) I.16.52.215-2 Audit and Records - Negotiation. (JUN 1999) I.17.52.215-8 Order of Precedence--Uniform Contract Format. (OCT 1997) I.18.52.215-11 Price Reduction for Defective Cost or Pricing Data - Modifications (OCT 1997) I.19.52.215-13 Subcontractor Cost or Pricing Data - Modifications (OCT 1997) I.20.52.219-19 Notifications of Ownership Changes (OCT 1997) I.21.52.215-21 Requirements for Cost or Pricing Data or Information Other Than Cost or Pricing Data--Modifications. (OCT 1997) I.22.52.216-18 Ordering. (OCT 1995) aAny 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. bAll 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. cIf mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods. I.23.52.216-22 Indefinite Quantity. (OCT 1995) Insert "72 months after date of award" at the end of the clause. I.24.52.216-25 Contract Definitization (OCT 1997) I.25.52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns (JUL 2005) I.26.52.219-16 Liquidated Damages - Subcontracting Plan (JAN 1999) I.27.52.219-28 Post Award Small Business Program Rerepresentation (JUN 2007) I.28.52.222-3 Convict Labor. (JUN 2003) I.29.52.222-21 Prohibition of Segregated Facilities. (FEB 1999) I.30.52.222-26 Equal Opportunity. (MAR 2007) I.31.52.222-35 Equal Opportunity for Special Disabled Veterans and Veterans of the Vietnam Era and Other Eligible Veterans (SEP 2006) I.32.52.222-36 Affirmative Action for Workers with Disabilities. (JUN 1998) I.33.52.222-37 Employment Reports on Special Disabled Veterans and Veterans of the Vietnam Era and other Eligible Veterans (SEP 2006) I.34.52.222-38 Compliance with Veterans' Employment Reporting Requirements (DEC 2001) 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.41.52.224-1 Privacy Act Notification. (APR 1984) I.42.52.224-2 Privacy Act. (APR 1984) I.43.52.225-13 Restrictions on Certain Foreign Purchases (JUN 2008) I.44.52.227-1 Authorization and Consent. (DEC 2007) I.45.52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement (DEC 2007) I.46.52.227-14 Rights in Data - General. (DEC 2007) I.47.52.227-19 Commercial Computer Software - Restricted Rights. (DEC 2007) I.48.52.228-5 Insurance-Work on a Government Installation (JAN 1997) I.49.52.228-7 Insurance - Liability to Third Persons (MAR 1996) I.50.52.229-3 Federal, State, and Local Taxes. (APR 2003) I.51.52.232-1 Payments. (APR 1984) I.52.52.232-8 Discounts for Prompt Payment. (FEB 2002) I.53.52.232-17 Interest (JUN 1996) I.54.52.232-23 Assignment of Claims. (JAN 1986) I.55.52.232-25 Prompt Payment. (OCT 2003) I.56.52.232-33 Payment by Electronic Funds Transfer -- Central Contractor Registration. (OCT 2003) I.57.52.233-1 Disputes. (JUL 2002) I.58.52.233-3 Protest after Award. (AUG 1996) I.59.52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004) I.60.52.237-2 Protection of Government Buildings, Equipment, and Vegetation (APR 1984) I.61.52.242-13 Bankruptcy. (JUL 1995) I.62.52.243-1 Changes - Fixed-Price. (AUG 1987) Alternate II (APR 1984) I.63.52.244-6 Subcontracts for Commercial Items (MAR 2007) I.64.52.246-25 Limitation of Liability--Services (FEB 1997) I.65.52.249-2 Termination for Convenience of the Government (Fixed-Price) (MAY 2004) I.66.52.249-8 Default (Fixed-Price Supply and Service) (APR 1984) I.67.52.252-2 Clauses Incorporated by Reference (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at either of these addresses: http://www.dot.gov/ost/m60/ or http://www.arnet.gov/far/ I.68.52.253-1 Computer Generated Forms (JAN 1991) DEPARTMENT OF TRANSPORTATION ACQUISITION REGULATION (48 CFR 12) CLAUSES I.69.1252.219-71 Section 8(a) Direct Awards. (APR 2005) I.70.1252.219-72 Notification of Competition Limited to Eligible 8(a) Concerns - Alternate III (APR 2005) I.71.1252.223-73 Seat Belt Use Policies and Programs (APR 2005) I.72.1252.237-70 Qualifications of Contractor Employees (APR 2005) I.73.1252.242-72 Dissemination of Contract Information (OCT 1994) I.74.1252.245-70 Government Property Reports (OCT 1994) I.75.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 DOT Office of the Inspector General (IG) is the point of contact concerning these fraudulent letters. If you receive a suspicious letter, call the IG hotline at 1-800-424-9071. I.80 FH.1 PRINTING RESTRICTIONS All printing funded by this agreement must be done in conformance with Joint Committee on Printing regulations as prescribed in Title 44, United States Code, and Section 308 of Public Law 101-163, and all applicable Government Printing Office and DOT regulations. I.81 FINAL INVOICE The only invoice submitted for this order or the last invoice (if more than one invoice is submitted) is to be marked "FINAL INVOICE" on its face. To constitute a proper invoice, the invoice must include the following information: 1.Name of the business concern, invoice number, and invoice date. 2.Contract/Task Order number. 3.Item number(s), description, quantity, unit price and extended totals of services actually delivered or rendered, and/or travel and per diem expenses incurred. 4.Payment terms. 5.Taxpayer Identification Number I.82 52.219 11 Special 8(a) Contract Conditions. (DEVIATION) (FEB 1990) As prescribed in 19.811-3(a), insert the following clause: SPECIAL 8(a) CONTRACTOR CONDITIONS (DEVIATION) (FEB 1990) The Small Business Administration (SBA) agrees to the following: (a) ( DELETED ) (b) ( DELETED ) (c) Except for novation agreements and advance payments, delegates to the Federal Highway Administration have the responsibility for administering the subcontract to be awarded hereunder with complete authority to take any action on behalf of the Government under the terms and conditions of the subcontract; provided, however, that the Federal Highway Administration shall give advance notice to the SBA before it issues a final notice terminating the right of a subcontractor to proceed with further performance, either in whole or in part, under the subcontract for default or for the convenience of the Government. (d) (DEVIATION) That payments to be made under this contract will be made directly to the subcontractor by the Federal Highway Administration. (e) That the subcontractor awarded a subcontract hereunder shall have the right of appeal from decisions of the Contracting Officer cognizable under the "Disputes" clause of said subcontract. (f) To notify the Federal Highway Administration Contracting Officer immediately upon notification by the subcontractor that the owner or owners upon whom 8(a) eligibility was based plan to relinquish ownership or control of the concern (End of clause) I.83 52.219 12 Special 8(a) Subcontract Conditions (DEVIATION) (FEB 1990) Used with all 8(a) awards using the procedures established under the DOT/SBA Partnership Agreement. As prescribed in 19.811-3(b), insert the following clause: SPECIAL 8(a) SUBCONTRACT CONDITIONS (Deviation) (FEB 1990) (a) (DEVIATION) The Small Business Administration (SBA) has delegated to the Federal Highway Administration authority to enter into an 8(a) contract directly with the participant to furnish the supplies or services as described therein. (b) (DEVIATION) The Federal Highway Administration, hereafter referred to as the subcontractor, agrees and acknowledges as follows: (1) That it will, for and on behalf of the SBA, fulfill and perform all of the requirements of Contract No. [insert number of contract] for the consideration stated therein and that it has read and is familiar with each and every part of the contract. (2) That the SBA has delegated responsibility, except for novation agreements and advance payments, for the administration of this subcontract to the Federal Highway Administration with complete authority to take any action on behalf of the Government under the terms and conditions of this subcontract. (3) That it will not subcontract the performance of any of the requirements of this subcontract to any lower tier subcontractor without the prior written approval of the designated Contracting Officer of the Federal Highway Administration. (4) That it will notify the Federal Highway Administration Contracting Officer in writing immediately upon entering an agreement (either oral or written) to transfer all or part of its stock or other ownership interest to any other party. (c) Payments, including any progress payments under this subcontract, will be made directly to the subcontractor by the Federal Highway Administration. (End of clause) I.84 52.219 17 Section 8(a) Award. (DEVIATION) (DEC 1996) Used with all 8(a) competitive contracts awarded under the procedures established under the DOT/SBA Partnership Agreement. As prescribed in 19.811-3(c), insert the following clause: SECTION 8(a) AWARD (DEVIATION) (DEC 1996) (a) By execution of a contract, the Small Business Administration (SBA) agrees to the following: (1) (DELETED) (2) Except for novation agreements and advance payments, delegates to the Federal Highway Administration have the responsibility for administering the contract with complete authority to take any action on behalf of the Government under the terms and conditions of the contract; provided, however that the contracting agency shall give advance notice to the SBA before it issues a final notice terminating the right of the subcontractor to proceed with further performance, either in whole or in part, under the contract. (3) That payments to be made under the contract will be made directly to the subcontractor by the contracting activity. (4) To notify the Federal Highway Administration Contracting Officer immediately upon notification by the subcontractor that the owner or owners upon whom 8(a) eligibility was based plan to relinquish ownership or control of the concern. (5) That the subcontractor awarded a subcontract hereunder shall have the right of appeal from decisions of the cognizant Contracting Officer under the "Disputes" clause of the subcontract. (b) The offeror/subcontractor agrees and acknowledges that it will, for and on behalf of the SBA, fulfill and perform all of the requirements of the contract. (c) The offeror/subcontractor agrees that it will not subcontract the performance of any of the requirements of this subcontract to any lower tier subcontractor without the prior written approval of the SBA and the cognizant Contracting Officer of the Federal Highway Administration. (End of clause) I.85 52.219 18 Notification of Competition Limited to Eligible 8(a) Concerns (DEVIATION) (JUNE 2003) As prescribed in 19.811-3(d), insert the following clause: NOTIFICATION OF COMPETITION LIMITED TO ELIGIBLE 8(a) CONCERNS (DEVIATION) (JUNE 2003) (a)Offers are solicited only from small business concerns expressly certified by the Small Business Administration (SBA) for participation in the SBA's 8(a) Program and which meet the following criteria at the time of submission of offer- (1)The Offeror is in conformance with the 8(a) support limitation set forth in its approved business plan; and (2)The Offeror is in conformance with the Business Activity Targets set forth in its approved business plan or any remedial action directed by the SBA. (b)By submission of its offer, the Offeror represents that it meets all of the criteria set forth in paragraph (a) of this clause. (c)(DEVIATION) Any award resulting from this solicitation will be made directly by the Federal Highway Administration to the successful 8(a) offeror selected through the evaluation criteria set forth in this solicitation. (d) (1) Agreement. A small business concern submitting an offer in its own name shall furnish, in performing the contract, only end items manufactured or produced by small business concerns in the United States or its outlying areas. If this procurement is processed under simplified acquisition procedures and the total amount of this contract does not exceed $25,000, a small business concern may furnish the product of any domestic firm. This subparagraph does not apply to construction or service contracts. (2) (DEVIATION) The [insert name of 8(a) contractor] will notify Federal Highway Administration Contracting Officer in writing immediately upon entering an agreement (either oral or written) to transfer all or part of its stock or other ownership interest to any other party. (End of clause) Alternate I (Nov 1989). If the competition is to be limited to 8(a) concerns within one or more specific SBA regions or districts, add the following subparagraph (a)(4) to paragraph (a) of the clause: (4) The offeror's approved business plan is on the file and serviced by _____ [Contracting Officer completes by inserting the appropriate SBA District and/or Regional Office(s) as identified by the SBA]. Alternate II (Dec 1996). When the acquisition is for a product in a class for which the Small Business Administration has determined that there are no small business manufacturers or processors in the Federal market in accordance with 19.502-2(c), delete subparagraph (d)(1). I.86 Contractor Policy to Ban Text Messaging While Driving a) Definitions. The following definitions are intended to be consistent with the definitions in DOT Order 3902.10 and the E.O. For clarification purposes, they may expand upon the definitions in the E.O. "Driving"- (1) Means operating a motor vehicle on a roadway, including while temporarily stationary because of traffic, a traffic light, stop sign, or otherwise. (2) It does not include being in your vehicle (with or without the motor running) in a location off the roadway where it is safe and legal to remain stationary. "Text messaging" means reading from or entering data into any handheld or other electronic device, including for the purpose of short message service texting, e-mailing, instant messaging, obtaining navigational information, or engaging in any other form of electronic data retrieval or electronic data communication. (See definition in DOT Order 3902.10) (b) In accordance with Executive Order 13513, Federal Leadership on Reducing Text Messaging While Driving, October 1, 2009, and DOT Order 3902.10, Text Messaging While Driving, December 30, 2009, contractors and subcontractors are encouraged to: (1) Adopt and enforce workplace safety policies to decrease crashes caused by distracted drivers including policies to ban text messaging while driving-- (i) Company-owned or -rented vehicles or Government-owned, leased or rented vehicles; or (ii) Privately-owned vehicles when on official Government business or when performing any work for or on behalf of the Government. (2) Conduct workplace safety initiatives in a manner commensurate with the size of the business, such as- (i) Establishment of new rules and programs or re-evaluation of existing programs to prohibit text messaging while driving; and (ii) Education, awareness, and other outreach to employees about the safety risks associated with texting while driving. (c) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts that exceed the micro-purchase threshold, other than subcontracts for the acquisition of commercially available off-the-shelf items. (End of clause) PART III SECTION J - LIST OF ATTACHMENTS/EXHIBITS Attachment 1: NHI Terminology Attachment 2: Past Performance Questionnaire - 2 pages Attachment 3: Standard Form LLL, Disclosure of Lobbying Activities - 2 pages, which may be downloaded at: http://www.fhwa.dot.gov/aaa/pdfs/sflll.pdf PART IV SECTION K - REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF OFFERORS OR QUOTERS K.1 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2005) (a) (1) If the clause at 52.204-7, Central Contractor Registration is included in this (2) If the clause at 52.204-7 is not included in this solicitation, and the offeror is currently registered in CCR, and has completed the ORCA electronically, the offeror may choose to use paragraph (b) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes: [ ] (i) Paragraph (b) applies. [ ] (ii) Paragraph (b) does not apply and the offeror has completed the individual representations and certifications in the solicitation. (b) The offeror has completed the annual representations and certifications electronically via the Online Representations and Certifications Application (ORCA) website at http://orca.bpn.gov. After reviewing the ORCA database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. FAR Clause # Title Date Change ____________ _________ _____ _____________ Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on ORCA. K. 2 FEDERAL PROCUREMENT DATA Please provide the information requested below: a.DUNS Number: ______________________________+4___________________________ b.Taxpayer Identification Number: ______________________________________________ c.Home Office Congressional District _____________________________________________ d.Business size & type [e.g. HubZone, SDVOSB, WOSBC etc.] ______________________ K.3 (a)(1) THE NORTH AMERICAN INDUSTRY CLASSIFICATION SYSTEM (NAICS) code for this acquisition is 611430. (2) The small business size standard is $6.5 million. (3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees. K.4 1252.237-71 CERTIFICATION OF DATA (JAN 1996) (a) The offeror represents and certifies that to the best of its knowledge and belief, the information and/or data (e.g., company profile; qualifications; background statements; brochures) submitted with its offer is current, accurate, and complete as of the date of its offer. (b) The offeror understands that any inaccurate data provided to the Department of Transportation may subject the offeror, its subcontractors, its employees, or its representatives to: (1) prosecution for false statements pursuant to 18 U.S.C. 1001 and/or; (2) enforcement action for false claims or statements pursuant to the Program Fraud Civil Remedies Act of 1986, 31 U.S.C. 3801-3812 and 49 CFR Part 31 and/or; (3) termination for default under any contract resulting from its offer and/or; (4) debarment or suspension. (c) The offeror agrees to obtain a similar certification from its subcontractors. Signature:__________________________Date:_______________________________ Typed Name and Title:___________________________________________________ Company Name:________________________________________________________ This certification concerns a matter within the jurisdiction of an agency of the United States and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under Title 18, United States Code, Section 1001. K.5 REPRESENTATION OF COMPLIANCE WITH THE ELECTRONIC AND INFORMATION TECHNOLOGY ACCESSIBILITY STANDARDS ___ No compliance and there is no expectation of compliance. ___ Eventually will be made compliant, but does not comply now. ___ Somewhat compliant (%), and no expectation of full compliance. ___ Partially compliant (%), with progress toward full compliance. ___ Fully compliant. Equivalent Facilitation: People with disabilities [ ] are [ ] are not provided substantially equivalent or greater access to and use of items provided through use of designs or technologies other than those prescribed in 36 facilitation CFR Part 1194. If equivalent, explain which features or components use equivalent and how it provides substantially equivalent or greater access. The contractor shall indicate, for each line item in the schedule, whether each product or service is compliant or noncompliant with the accessibility standards at 36 CFR 1194. Further, the proposal must indicate where full details of compliance can be found (e.g., vendor's website or other exact location). K. 6 52.223-13CERTIFICATION OF TOXIC CHEMICAL RELEASE REPORTING AUG 2003 (a) Executive Order 13148, of April 21, 2000, Greening the Government through Leadership in Environmental Management, requires submission of this certification as a prerequisite for contract award. (b) By signing this offer, the offeror certifies that - (1) As the owner or operator of facilities that will be used in the performance of this contract that are subject to the filing and reporting requirements described in section 313 of the Emergency Planning and Community Right-to-Know Act of 1986 (EPCRA) (42 U.S.C. 11023) and section 6607 of the Pollution Prevention Act of 1990 (PPA) (42 U.S.C. 13106), the offeror will file and continue to file for such facilities for the life of the contract the Toxic Chemical Release Inventory Form (Form R) as described in sections 313(a) and (g) of EPCRA and section 6607 of PPA; or (2) None of its owned or operated facilities to be used in the performance of this contract is subject to the Form R filing and reporting requirements because each such facility is exempt for at least one of the following reasons: [Check each block that is applicable.] [ ] (i) The facility does not manufacture, process, or otherwise use any toxic chemicals listed in 40 CFR 372.65; [ ] (ii) The facility does not have 10 or more full-time employees as specified in section 313(b)(1)(A) of EPCRA, 42 U.S.C. 11023(b)(1)(A); [ ] (iii) The facility does not meet the reporting thresholds of toxic chemicals established under section 313(f) of EPCRA, 42 U.S.C. 11023(f) (including the alternate thresholds at 40 CFR 372.27, provided an appropriate certification form has been filed with EPA); [ ] (iv) The facility does not fall within the following Standard Industrial Classification (SIC) codes or their corresponding North American Industry Classification System sectors: (A) Major group code 10 (except 1011, 1081, and 1094. (B) Major group code 12 (except 1241). (C) Major group codes 20 through 39. (D) Industry code 4911, 4931, or 4939 (limited to facilities that combust coal and/or oil or the purpose of generating power for distribution in commerce). (E) Industry code 4953 (limited to facilities regulated under the Resource Conservation and Recovery Act, Subtitle C (42 U.S.C. 6921, et seq.), 5169, 5171, or 7389 (limited to facilities primarily engaged in solvent recovery services on a contract or fee basis); or [ ] (v) The facility is not located in the United States or its outlying areas. K.7 52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS MAY 2004 ALTERNATE I APR 2002 (a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 611430. (2) The small business size standard is $6.5 million. (3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees. (b) Representations. (1) The offeror represents as part of its offer that it ( ) is, ( ) is not a small business concern. (2) [Complete only if the offeror represented itself as a small business concern in paragraph (b)(1) of this provision.] The offeror represents, for general statistical purposes, that it ( ) is, ( ) is not, a small disadvantaged business concern as defined in 13 CFR 124.1002. (3) [Complete only if the offeror represented itself as a small business concern in paragraph (b)(1) of this provision.] The offeror represents as part of its offer that it ( ) is, ( ) is not a women-owned small business concern. (4) [Complete only if the offeror represented itself as a small business concern in paragraph (b)(1) of this provision.] The offeror represents as part of its offer that it ( ) is, ( ) is not a veteran-owned small business concern. (5) [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (b)(4) of this provision.] The offeror represents as part of its offer that it ( ) is, ( ) is not a service-disabled veteran-owned small business concern. (6) [Complete only if the offeror represented itself as a small business concern in paragraph (b)(1) of this provision.] The offeror represents, as part of its offer, that- (i) It ( ) is, ( ) is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material change in ownership and control, principal office, or HUBZone employee percentage has occurred since it was certified by the Small Business Administration in accordance with 13 CFR Part 126; and (ii) It ( ) is, ( ) is not a joint venture that complies with the requirements of 13 CFR Part 126, and the representation in paragraph (b)(6)(i) of this provision is accurate for the HUBZone small business concern or concerns that are participating in the joint venture. [The offeror shall enter the name or names of the HUBZone small business concern or concerns that are participating in the joint venture: __________.] Each HUBZone small business concern participating in the joint venture shall submit a separate signed copy of the HUBZone representation. (7) [Complete if offeror represented itself as disadvantaged in paragraph (b)(2) of this provision.] The offeror shall check the category in which its ownership falls: _____ Black American. _____ Hispanic American. _____ Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians). _____ Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, U.S. Trust Territory of the Pacific Islands (Republic of Palau), Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru). _____ Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, or Nepal). _____ Individual/concern, other than one of the preceding. (c) Definitions. As used in this provision- "Service-disabled veteran-owned small business concern"- (1) Means a small business concern- (i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and (ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran. (2) "Service-disabled veteran" means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16). "Small business concern" means a concern, including its affiliates that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and the size standard in paragraph (a) of this provision. "Veteran-owned small business concern" means a small business concern- (1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and (2) The management and daily business operations of which are controlled by one or more veterans. "Women-owned small business concern" means a small business concern- (1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and (2) Whose management and daily business operations are controlled by one or more women. (d) Notice. (1) If this solicitation is for supplies and has been set aside, in whole or in part, for small business concerns, then the clause in this solicitation providing notice of the set-aside contains restrictions on the source of the end items to be furnished. (2) Under 15 U.S.C. 645(d), any person who misrepresents a firm's status as a small, HUBZone small, small disadvantaged, or women-owned small business concern in order to obtain a contract to be awarded under the preference programs established pursuant to section 8(a), 8(d), 9, or 15 of the Small Business Act or any other provision of Federal law that specifically references section 8(d) for a definition of program eligibility, shall: (i) Be punished by imposition of fine, imprisonment, or both; (ii) Be subject to administrative remedies, including suspension and debarment; and (iii) Be ineligible for participation in programs conducted under the authority of the Act. SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS L.1 IMPORTANT DELIVERY INFORMATION: Please note that the Department of Transportation(DOT)/Federal Highway Administration, Office of Acquisition Management's current location and delivery address is: 1200 New Jersey Avenue, SE Room: E65-101 - Mail Code: HAAM-30 Washington, DC 20590 NOTE: Security procedures prohibit non-uniformed couriers from delivering material directly to offices in the DOT building. Only uniformed couriers from FedEx and the United Parcel Service, who are dressed in a uniform bearing their organization's name and possessing official identification, may deliver proposals or sealed bids directly to the Office of Acquisition Management. Other couriers and individuals must deliver material to the mail room/visitor's center at the new DOT building's main entrance at 1200 New Jersey Avenue, SE. The guard may accept the material, dismiss the courier, and then the material will be examined and x-rayed prior to being delivered to the FHWA Office of Acquisition Management through the normal building mail delivery procedures. This could add one or more working days to the delivery time. The FHWA is not responsible for pick-up of offerors' proposals from DOT security guards nor from the DOT mail room. Offerors must make allowances for these procedures in order to assure that offers arrive on time. Offers must be received in the Office of Acquisition Management by the time and due date specified herein to be considered timely and acceptable; not just delivered to the mail room/visitor's center. Offers received and time/date stamped in the Office of Acquisition Management after the specified due date and time will be considered as late, in accordance with FAR 14.302, and 15.208. Please keep these factors in mind as you determine the best means to deliver your proposal so as to ensure delivery in Room E65-101 by no later than 4:30 PM on September 17, 2010. To assist in expediting delivery and ensure proper handling, the outermost envelope or package [this includes FedEx boxes] containing your proposal should be prominently marked as follows: Proposal in response to RFP DTFH61-10-R-00035 To Be Opened By Authorized Government Acquisition Personnel Only L.2 Notice to Offerors The offerors response must demonstrate their understanding of this procurement and capability for high quality performance in a concise, logical, manner and should not contain superfluous material that is not directly related to this procurement. Contractors must above all show that, if selected for award, they will be able to provide high quality, effective training and course materials. Proposals should address the Surface Transportation needs using innovative, adult learning and training techniques proposed in ways that distance learning will have maximum impact. The technical proposals shall not exceed 25 pages and shall include a brief well written Executive Summary covering the technical and cost parts of the proposal. Any material in excess of 25 pages will not be read or evaluated. The pricing proposal, staff resumes, subcontractor information, covers, table of contents, letters of commitment, the Executive Summary and the past performance material is in addition to the page limits for technical presentations. Resumes must clearly be matched to the topic where the individual will be utilized. Resumes should specifically cite technical qualifications as well as knowledge of Instructional Systems Design and adult learning principals. Prior online instructional design and/or delivery experience should be clearly noted as applicable. Company, University, or Transportation Center descriptive brochures may be included and are not part of the 25-page limitation. You may wish to refer us to a company/organization Web site 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. Offerors are asked to describe any certifications their proposed staff have received in adult learning, distance education design or distance education delivery. The offeror shall identify those who they intend to utilize in key positions in performance of any Task Orders issued. These include staff, consultants, or subcontractors. Resumes of all proposed key personnel are required, and may not exceed 3 pages for each person proposed. You must indicate educational background, recent relevant experience, specific or technical accomplishments, and a listing of relevant publications. State his or her proposed duties, and the areas for which he or she will be responsible. The work to be performed requires seasoned professional expertise, and sophisticated engineering and technical data gathering and analysis capability. Proposed instructors must show high level skills and expertise in developing and presenting the type of highly technical courses contemplated by this contact. Facilitators who have been certified for adult training by the NHI or other recognized organization are preferred. 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. Offerors must specifically address their capabilities in engineering, and technical curriculum development and presentation. Clarity and completeness are of the utmost importance in the proposal. With the exceptions of the responsibility determination, and the past performance evaluations, only material contained within the proposal will be considered in the source evaluation and selection process. Therefore, be sure to include everything you want to be evaluated. Even if we know you and/or members of your staff, we will only consider what is contained within the proposal. Offerors are allowed 6 additional pages for the Executive Summary covering the organization, capabilities, experience and management structure. Address your management of the contract and each Task Order. Explain your methods for performing and managing multiple Task Orders. Address how you would staff multiple Tasks, multiple courses at the same time, writing and teaching at the same time, and how you would replace key personnel if necessary, so as not to delay or degrade performance even when faced with a last minute loss of an individual. Outline your methodology for selecting and managing subcontractors and consultants if you plan to utilize them. Provide the minimum lead-time you would require to commence work after receipt of a Task Order. This Request for Proposals is written in the Uniform Contract Format described in Federal Acquisition Regulation (FAR) section 15.204-1. Offerors are encouraged to familiarize themselves with the Uniform Contract Format. This will facilitate your understanding of the terms and conditions of this solicitation, these instructions and the source selection process. It is very important that you address each evaluation factor and subfactor shown in Section M below. For ease of review, structure your proposal to track the factors and subfactors. Your ability to write a clear, comprehensive proposal responsive to our needs will be considered in our determination of which contractors have the ability to write course materials effectively. L.3 QUESTIONS: Questions regarding this solicitation must be in writing and sent sufficiently in advance of the proposal deadline to allow research and dissemination of answers to all parties in a timely manner. Do not expect personal responses. All Q&A will be posted on the FedBizOpps website: FedBizOpps.gov. Phone calls will not be returned; questions will be answered via e-mail only. Please e-mail questions to: Joseph.Fusari@.dot.gov and reference the RFP number in the subject line of your transmission. 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. L.5 PROCUREMENT INTEGRITY ACT REQUIREMENTS: Your attention is directed to 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 their proposal: This proposal shall be used and disclosed for evaluation purposes only, and a copy of this Government notice shall be applied to any reproduction or abstract thereof. Any authorized restrictive notices that the submitter places on this proposal shall also be strictly complied with. Disclosure of this proposal outside the Govern- ment for evaluation purposes shall be made only to the extent authorized by, and in accordance with, law. L.6 AWARD ON INITIAL OFFERS: As stated in provision 52.215-1, the government expects to award after review of the initial proposals, without discussions. Therefore, your initial offer should contain your best terms from a price and technical standpoint. Proposals shall be submitted on 8 1/2 by 11-inch paper, except foldouts used for charts, tables, appendices or diagrams, which shall not exceed 11 by 17 inches. A page is defined as one side of a piece of paper. A piece of paper with printing on both sides is considered 2 pages. Margins-- excluding headers and footers-- shall be no less than 1 inch on both sides, top and bottom of the page. Regular text print type shall not be less than 10 points or more than 12 characters per inch and shall not exceed 6 lines to the vertical inch. All Offerors submitting a proposal are required to conform to the instructions and rules of this Section. The offeror must state that they agree to all terms and conditions of the model contract of this solicitation, which consists of the RFP Sections A through K, including all documents, exhibits, and all other attachments that are incorporated therein by reference and made a part thereof, or provide an explanation for any exceptions. Offerors are reminded that, in addition to the entry in K.2 above, per FAR 52.204-7: 1.The offeror shall enter, in the name and address block of the cover page of their offer, the annotation "DUNS" or "DUNS +4" followed by the DUNS or DUNS +4 number that identifies the offeror's name and address exactly as stated in the offer. The DUNS number will be used by the Contracting Officer to verify that the offeror is registered in the CCR database. 2.If the offeror does not have a DUNS number, they should contact Dun and Bradstreet directly to obtain one. L.7 52.204-6 DATA UNIVERSAL NUMBERING SYSTEM (DUNS) NUMBER. JUN 1999 L.8 52.215-1 INSTRUCTIONS TO OFFERORS--COMPETITIVE ACQUISITION. FEB 2000 L.9 52.216-27 SINGLE OR MULTIPLE AWARDS. OCT 1995 L.10 52.215-20 REQUIREMENTS FOR COST OR PRICING DATA OR INFORMATION OTHER THAN COST OR ALTERNATE IV. OCT 1997 (a) Submission of cost or pricing data is not required. (b) Provide information described below: The following skills/disciplines and/or expertise are believed to be necessary for the successful completion of this project, 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. Instructional Systems Design Specialist Technical Editor Distance Learning Specialist Graphic Artists Flash Programmer/Developer Project Support Staff Include in your cost proposal: 1. The loaded hourly rate for each employee-- or class of employee-expected to work under task orders which will be issued under this contract. Indicate the effective date and percentage of an inflation rate to be applied annually. 2. State whether any additional direct labor (new hires) will be required during the performance period of this acquisition. If so, state the labor categories and estimated number of positions required. 3. If subcontractors and/or individual consultants will be used in carrying out the requirement of this project, the following minimum information concerning the subcontractor shall be furnished: a.The hourly/daily rate of any proposed consultant and/or subcontract employee. b.A statement from the offeror that the hour/daily rate proposed by the subcontractor or consultant has been reviewed and determined to be fair and reasonable. 4. Clearly state any exceptions to the terms in this solicitation, or any terms or conditions attached to your offer, and thoroughly explain your position and rationale. L.11 52.216-1 TYPE OF CONTRACT. APR 1984 The Government contemplates award of multiple Indefinite Delivery, Indefinite Quantity (IDIQ) Task Order contracts resulting from this solicitation. Fixed price task orders will be awarded following the procedures outlined in Section G above. The Government intends to make multiple ID/IQ awards, each with a minimum value of $25,000 and a maximum value of $4,500,000. L.12 52.233-2 SERVICE OF PROTEST. AUG 1996 (a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from Mr. Frank Waltos, HAAM 10, Room E66-326, 1200 New Jersey Ave., SE, Washington, DC 20590. (b) A copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO. L.13 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE. FEB 1998 This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with their quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with their quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at these addresses: http://www.dot.gov/ost/m60/ http://www.arnet.gov/far/. L.14 NOTE: Facsimile proposals will not be considered for this solicitation. L.15 COMMUNICATIONS PRIOR TO CONTRACT AWARD Offerors shall direct all communications to the attention of the Contracting Officer cited on the face page of this RFP. Communications with other officials may compromise the competitiveness of this acquisition, and result in the disqualification of the offeror and/or cancellation of the solicitation. Frequently, there are issues that require contact with the offeror. Thus, it is important that you provide a point of contact (POC), together with their e-mail address. More than one POC may be provided. POC:E-mail: POC:E-mail: POC:E-mail: L.16 PAYMENT BY ELECTRONIC FUNDS TRANSFER CENTRAL CONTRACTOR REGISTRATION Any contracts resulting from this solicitation will contain FAR clause 52.232-33, "Payment by Electronic Funds Transfer-Central Contractor Registration." All contractors receiving payments under FHWA contracts, purchase orders, delivery orders, or other contractual vehicles must be registered in the Central Contractor Registration (CCR) database. The CCR is a Department of Defense web-based repository of contractor information. The Electronic Funds Transfer information in the CCR must be accurate in order for contractors' invoices or contract financing requests to be considered proper invoices for the purpose of prompt payment under DOT contracts. Interested offerors should read and understand the requirements of FAR 52.223-33. The successful offerors must register in the CCR before an award can be made, and must maintain current, updated information in the CCR throughout the performance period of the contract. Offerors can register in CCR at anytime, and are encouraged to do so immediately. Offerors may register in the CCR database and obtain additional information at https://www.bpn.gov/CCR/default.aspx, or by calling 1-866-606-8220. 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 that their information in the database is accurate and complete, on an annual basis. L.17 AUTHORIZED OFFICIAL AND SUBMISSION OF PROPOSAL The original proposal must be signed by an official authorized to bind your organization and must stipulate that the proposal is predicated upon all the terms and conditions of this RFP. Your proposal shall be submitted with the required number of copies, to the address specified Section which is also listed in Block 9, page 1 of the RFP. Proposals shall be typewritten, paginated, reproduced on letter-sized paper, and all required copies shall be legible. In addition to the one paper copy required, each offeror must include copies of their proposal in 7 individually labeled CD's produced with Word and/or Excel format, identical to the paper copy. The entire proposal should be presented in a single binder and include technical and pricing information. L.18 PAST PERFORMANCE EVALUATION By past performance, the Government means the offeror's record of conforming to specifications and to standards of good workmanship; forecasting and controlling costs; and adherence to contract schedules, including the administrative aspects of performance. The offeror's reputation for reasonable and cooperative behavior and their commitment to customer satisfaction will be assessed, along with their business like concern for the interest of their customer. The Government will evaluate the quality of the offeror's past performance based on information obtained from references provided by the offeror, as well as other relevant past performance information obtained from other sources known to the Government. The lack of a performance record may result in an unknown performance risk assessment, which will neither be used to the advantage nor disadvantage of the offeror. Evaluation of past performance will be a subjective assessment, based on a consideration of relevant facts and circumstances. It will not be based on absolute standards of acceptable performance. The Government is seeking to determine whether the offeror has consistently demonstrated a commitment to customer satisfaction and timely delivery of quality services at fair and reasonable prices. Specific experience in developing and/or providing training courses for adult learners in the topic areas that are the focus of this solicitation may enhance the scoring in this area. Offerors with previous experience in the topics on which they are proposing must list and summarize their performance on similar or related contracts; those completed within the last three years, as well as those currently in process. Provide your last three (not more than three years old) relevant contracts-- in terms of size and scope-- with FHWA, as well as with other organizations, both commercial and governmental. You may submit more than three if necessary to properly cover specialized areas of performance or because of the broad scope of the work in this solicitation. Sending more than three relevant contracts for the same type of work is unnecessary and discouraged. The offeror should also submit past performance information on proposed major subcontractors. Provide the following supplemental information (not to exceed two pages per reference): The name and address of the organization for which the services were performed; the name and current telephone number of the responsible technical representative of the organization; the contract number; the type of contract; and a brief description of the services provided, including the length of performance and the total dollar amount. In addition, explain how the reference applies to this solicitation's Statement of Work. FHWA may use this information to contact representatives to obtain information regarding your performance. Briefly explain how well you met the contract quality and schedule requirements. List any contract under which you received either a "cure notice" or "show cause" letter, or any contract terminated for default or for the convenience of the Government, within the past 3 years. Briefly explain the circumstances in each such instance. Offerors are responsible to have at least three completed Past Performance Questionnaires submitted with the original proposal (see Section J). Questionnaires shall be in separate envelopes, sealed by the reference for confidentiality. [Only one copy need be submitted with the original proposal] The Government may use random sampling from the references provided, and may also use any other past performance information obtained by the Government. The contracting officer will consider such performance information along with other factors in determining whether the offeror is considered responsible, as defined in FAR 9.101. L.19 Until a formal notice of award is issued and signed by a contracting officer, no communication by the Government-- either written or oral-- shall be binding or in any way be interpreted as a promise that an award will be made. SECTION M EVALUATION FACTORS FOR AWARD M.1 EVALUATION The Government will evaluate offers and make a best value award decision based on the following factors listed in order of descending importance: (1) Technical Approach; (2) Staffing; (3) Support Facilities; and (4) Past Performance. The method of evaluation for each of these factors is described below. The ultimate award decision will be made based on a determination of overall best value, each of the three factors considered. M.2 EVALUATION CRITERIA: 1. Technical Approach (35 points) Ability to demonstrate through a clear, sound, feasible, and achievable presentation how sound instructional design principles will be incorporated into the development and delivery of distance learning deliverables rather than merely presenting instructional design theory. A demonstrated knowledge of how to include instructional design best practices in selecting proposed activities. (25 points) 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; familiarity with regulatory or programmatic issues that affect distance learning development and delivery. (10 points) 2. Staffing (45 points) Demonstrated academic credentials, professional experience and technical competence of the proposed staff to design and develop appropriate curriculum materials for practicing planners, engineers and technicians in the broad subject areas of Surface Transportation. (20 Points) Demonstrated academic credentials and professional experience in project management. The proposed management must have a demonstrated ability to coordinate a team effort and produce quality timely results. (15 Points) Contingency plans in place to replace key personnel over the life of the Contract without any adverse impact on performance (10 points) 3. Support Facilities (20 Points) Demonstrated ability to partner with subject matter engineering firms. (15 points) Contractor facilities are sufficient to complete the contract requirements satisfactorily and in a timely manner. (5 points) 4. Past Performance The proposed team has documented recent successful experience developing and delivering distance learning materials. The Government will evaluate the merits of each offeror's past performance based on its reputation with its former customers and other government. Acceptable degree of successful performance in other work related to this course. Evidence can include references, samples of correspondence from satisfied clients, letters of recommendation, etc. 4.1 PAST PERFORMANCE a."Relevant experience" involves the magnitude of effort and complexities which are essentially what the solicitation requires. "Somewhat relevant experience" involves the magnitude of effort and complexities including some of what the solicitation requires. "Not relevant experience" does not involve any significant aspects of what the solicitation requires. A higher degree of relevancy will carry a higher weight when determining past performance ratings. b.The Government may use information obtained from other sources, and will consider the currency, degree of relevance, source and context of the past performance information. Also, general trends in performance and demonstrated corrective actions will be considered. The Government may also consider past performance information regarding predecessor companies, key personnel, other corporate entities or subcontractors where such information is relevant to this acquisition. A significant negative finding in any element may result in an overall high-risk rating. c.Using those references deemed relevant or somewhat relevant together with other information obtained, the FHWA will assess the amount of risk associated with the offeror based on its past performance using the following scale: AdjectivalColorDescription Excellent [Very Low Risk]BlueEssentially no doubt exists that the offeror will successfully perform the required effort based on their record. Good [Low Risk]GreenLittle doubt exists based on the offeror's record that they can perform the proposed effort. Adequate [Moderate Risk]YellowSome doubt exists based on the offeror's record that they can perform the proposed effort. Marginal [High Risk]OrangeSignificant doubt exists that the offeror will successfully perform based on their record. Poor [Very High Risk]RedIt is extremely doubtful that the offeror will successfully perform based on their record. UnknownGreyLittle or no relevant record identifiable. No positive or negative evaluation significance. M.2 HUBZONE PARTICIPATION FACTOR Small Business offerors located within underutilized business zones; called "HUBZones" which are qualified HubZone Small Business Concerns will be evaluated in accordance with FAR clause 52.219-4. Qualified HUBZone firms are identified in the Small Business Administration's website at: http://www.sba.gov/hubzone. M.3 BASIS FOR AWARD In addition to the criteria listed above, price will be considered in the award decision. Price proposals will be analyzed to assess realism and probable cost to the Government. The proposals will be analyzed to assess their 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 intends to make multiple awards with a minimum value of $25,000 and a maximum value of $4,500,000. The Government will accept the offers that are 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. M.4 52.216.27 Single or Multiple Awards. OCT 1995 The Government intends to award multiple (approximately 6) Task Order contracts for the same or similar supplies or services to two or more sources under this solicitation.
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69 -- Distance Learning, Training, Development, and Course Delivery for the National Highway Institute - Solicitation 1