FHWA Requesting Comments – Implementation of IDIQ

The US DOT published an interim final rule authorizing IDIQ contracts for Federal Aid construction. IDIQ project delivery generally refers to a not-to-exceed contract for a set time period that requires a contractor to execute as-needed work orders based on agreed upon unit prices.

The Federal Highway Administration (FHWA) began a two-step rule-making process to authorize indefinite delivery/indefinite quantity (IDIQ) project delivery in May of 2018. The first step involved developing the implementation processes and procedures. Step 2 is initiation of the rule-making process. FHWA is soliciting comments to 13 questions. The questions are located on page 10 of 16 (Fed. Reg. pg. # 72928).

INDOT and other state departments of transportation have awarded IDIQ contracts since 2018 under a FHWA experimental project (SEP-14). FHWA and state DOTs found success using IDIQ stating that the project delivery method reduces administrative costs by eliminating the quantity of small project design-bid processes. INDOT has utilized IDIQ in several districts for small bridge and roadway repair and improvement projects. Beginning on Nov. 16, state DOTs may utilize the IDIQ project delivery method for select scopes of work without specific FHWA authorization.

You may submit comments, identified by the document number at the top of this document, by any of the following methods:

  • Federal eRulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting comments.
  • Fax: 1-202-493-2251.
  • Mail: Docket Management Facility, U.S. Department of Transportation, 1200 New Jersey Ave. SE, West Building Ground Floor, Room W12-140, Washington, DC 20590.
  • Hand Delivery/Courier: West Building Ground Floor, Room W12-140, 1200 New Jersey Ave. SE, between 9:00 a.m. and 5:00 p.m., Monday through Friday, except Federal holidays. The telephone number is (202) 366-9329.

ICI-Side Wrapup

ICI members met virtually on Oct. 22 for the ICI-Side ICI/INDOT Statewide Joint Cooperative Committee meeting and covered a wide range of topics.

Members reported continued collaboration with INDOT to utilize new technology and equipment to improve work zone safety in 2020, such as the trucks for advanced queue awareness vehicles and work zone intelligent traffic messaging systems. Law enforcement officer presence continues to be an industry favorite to get motorists’ attention and slower speeds.

Keith Mullens, ICI/INDOT Statewide Joint Cooperative Committee co-chair, reported that ICI is working with INDOT on a recently published contractor schedule unique special provision. He explained that INDOT’s primary goals are improving accuracy of public communication of key project dates and increasing contractor schedule submissions and quality.

INDOT has received issue resolution proposals for the following topics:

  • Payment of lump sum items.
  • Measurement and payment for MOT sign.
  • Payment for subgrade treatment type IC as IB
  • Box structure footing closure pours.
  • The proposals are based on a culmination of joint committee discussions and recommendations.

The Statewide Committee leadership will be considering:

  • Maintenance of traffic under live bridge demolition.
  • Greater use of temporary traffic signals in lieu of flaggers.
  • Urging INDOT and local public works entities to refrain from allowing utility relocation after construction contract notice-to-proceed.

The ICI/INDOT Statewide Joint Cooperative Committee leadership will meet in early November to review current agenda items and discuss new topics. The full Statewide Committee meeting is scheduled for Wednesday, Dec. 2. RSVP here.

Please contact Dan Osborn for questions, suggestions and comments concerning the ICI/INDOT Statewide and Region Joint Cooperative Committees.

Purdue Research of Information Modeling Process/Contract/Technology for INDOT Infrastructure Projects

Dear Madam/Sir,

We would like to invite you to participate in a study for INDOT to improve the current process, contract, and technology of infrastructure projects. This study is conducted by the Construction Animation, Robotics, and Ergonomics (CARE) Lab in School of Construction Management Technology at Purdue University. The IRB number is IRB-2019-634.

This study includes (1) remote interviews between 10/12/2020 and 12/4/2020, and (2) an online survey between 2/26/2021 and 4/8/2021 to get feedback and insight from experts about the current process, organization structure, information formats, and technologies in design, construction, and O&M of INDOT projects.

We wish to have (1) 6-24 participants for the interview, including 4-15 project managers and 2-5 design staff, and (2) another 30 participants for the survey, including 20 project managers and 10 design staff.

If you are interested in participating in the interview or survey, please help indicate your availability through https://purdue.ca1.qualtrics.com/jfe/form/SV_8iZIpLKQcuIbMax. The interview will be held virtually at the time slot you select, and the survey will be sent to you through an email.

Please feel free to contact us if you have any questions about the study or have any difficulty accessing the link. Thank you in advance for your contribution to this study!

Sincerely,

Yunfeng (Cindy) Chen, Ph.D., Assistant Professor, chen428@purdue.edu
Jiansong Zhang, Ph.D., Assistant Professor, zhan3062@purdue.edu
Xingzhou Guo, Ph.D. Student, guo529@purdue.edu
Chi Tian, Ph.D. Student, tian154@purdue.edu

Construction Animation, Robotics, and Ergonomics (CARE) Lab

School of Construction Management Technology, Purdue University

Prohibited Telecommunications and Video Surveillance Equipment and Services


Source: INDOT email sent 09/01/2020: INDOT-Attention Contractors Effective Immediately

Contractors,
To the attention of all INDOT contracted service providers.

Effective Immediately

This clause will be added to all INDOT professional services and construction contracts so that INDOT will be in compliance with federal requirements:


Prohibited Telecommunications and Video Surveillance Equipment and Services.
In accordance with federal regulations (including 2 CFR 200.216 and 2 CFR 200.471), the Contractor is prohibited from purchasing, procuring, obtaining, using, or installing any telecommunication or video surveillance equipment, services, or systems produced by:
(A) Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities), OR
(B) Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities), for any purpose to fulfill its obligations under this Contract. The Contractor shall be responsible to ensure that any subcontractors are bound by and comply with the terms of this provision. Breach of this provision shall be considered a material breach of this Contract.


BACKGROUND: On August 13, 2018, the President signed the FY 2019 National Defense Authorization Act (NDAA). Section 889(b) prohibits Federal agencies, after August 13, 2020, from obligating or expending financial assistance to obtain certain telecommunications and video surveillance services and equipment from specific producers.

On January 22,2020, the Office of Management and Budget (OMB) issued a Notice of Proposed Rulemaking that outlined revisions to 2 CFR 200, in part, to implement section 889 of the FY 2019 NDAA. Today, the Federal Register Notice issued the Final Rule and states that the amendment to 2 CFR 200.216 is effective on August 13, 2020.

The new 2 CFR 200.471 regulation provides clarity that the telecommunications and video surveillance costs associated with 2 CFR 200.216 are unallowable for services and equipment from these specific providers. OMB’s Federal Register Notice includes the new 2 CFR 200.216 and 2 CFR 200.471 regulations.

Thank you,
Indiana Department of Transportation (INDOT)
100 N. Senate Ave., IGCN
Indianapolis, IN 46204

Certified Installers for End-Treatments and Impact Attenuators

Source: Derrick Hauser, P.E., INDOT Field Engineer

As social distancing continues due to COVID-19 and to accommodate the ever-increasing demand for guardrail end-treatments and impact attenuator installation training, INDOT has partnered with manufacturers to migrate training efforts to an on-demand learning system along with guidelines for getting registered on the certified installer list. Below you will find the hyperlink to the training resources, on-demand trainings and certification process.

https://www.in.gov/indot/div/public/guardrail-impact-attenuator-training.htm

Hands Free Indiana Partnership

Indiana has had a do not text and drive law since 2011. To make things even safer for motorists, starting July 1, Indiana will go completely hands-free with telecommunications devices while operating a motor vehicle. Learn more at http://handsfreeindiana.com.

ICI has partnered with Indiana Department of Transportation, Indiana State Police, Indiana Bureau of Motor Vehicles, Indiana Criminal Justice Institute, Indiana Motor Truck Association and ACEC Indiana to help ensure safer work zones for Hoosier infrastructure and transportation construction workers.

Take a look at the fact sheet and FAQs.