1-0464-031626 Biodiesel Fuel.pdf

City of Nashua Purchasing Department

Administrative Services Division 229 Main Street - Nashua, NH 03060

IFB 0464-031626 Biodiesel Fuel 229 Main Street • Nashua, New Hampshire 03061 • Phone (603) 589-3330 • Fax (603) 589-3233

(603) 589-3330

Email: purchasing@nashuanh.gov

February 24, 2026

Subject: Invitation for Bid IFB 0464-031626 Biodiesel Fuel

The City, through the Mayor, is the awarding authority and reserves the right to reject any and all bids or parts of bids; to waive any defects, information, and minor irregularities; to accept exceptions to these specifications; to award contracts or to cancel this request if in the City’s best interest.

INFORMATION FOR BIDDERS:

The City is now accepting submittals electronically via Bonfire. Please review the electronic documents linked here, Bonfire Vendor Registration and Bonfire Vendor Submission for more information. Copies are also available on the City’s website in the Purchasing section within the Bids section. We strongly recommend that you give yourself sufficient time and at least one (1) business day before the due date to begin the uploading process and finalize your submission.

If a Vendor chooses to submit their bid outside of Bonfire, the following are alternate options:

Paper: Submission one (1) copy and one digital copy on a USB drive in sealed envelope(s) or package(s) clearly marked "IFB0464-031626 Biodiesel Fuel". Bids must be submitted in the format provided and address the item(s) specified in the IFB package.

Regardless of the method of submission, bids must be received no later than 1:00pm on Monday, March 16, 2026 in the Purchasing Department; City Hall, Room 11, 229 Main Street, Nashua NH 03061. Postmarks or other timestamps will not be accepted in lieu of actual delivery. Vendors can use whatever delivery mechanism it chooses as long as it remains clear that the vendor is responsible for submissions prior to the date and time.

The time of receipt shall be considered when a bid has been officially documented by the Purchasing Department, in accordance with its established policies, as having been received at the location designated above. The City accepts no responsibility for mislabeled mail. Any and all damage that may occur due to shipping shall be the Vendors responsibility.

Further details are available on the City's web site, www.nashuanh.gov, under Services; Bid Opportunities; Current Bids and on the Bonfire website; (Refer to Document IFB0464-031626 Biodiesel Fuel). Bids will be opened in public on the due date and time. Results of the bid opening will be posted on the City's website, www.nashuanh.gov, under Services; Bid Opportunities; Bid Results; (Refer to Document IFB0464-031626 Biodiesel Fuel) within twenty-four (24) hours of the opening.

The City of Nashua, NH, herein referred to as “the City”, is seeking bids from qualified bidders to supply Nashua Transit System (NTS) with B5 Biodiesel fuel to be ordered as needed for a one (1) year contract period from July 1, 2026, through June 30. 2027 with an option to extend for up to 1 additional year, under the same terms, conditions and pricing structure upon the mutual agreement between the successful vendor and the City of Nashua. The Scope of Work for this project may be found in Exhibit A of this request.

https://nashuanh.bonfirehub.com/portal/?tab=openOpportunities https://www.nashuanh.gov/DocumentCenter/View/28837/Bonfire-Process-Overview---Vendor-Registration https://www.nashuanh.gov/DocumentCenter/View/28838/Bonfire-Process-Overview---Vendor-Submission

Please note paper copies of bid documents are not available in the City’s Purchasing Office.

The City assumes no liability for the payment of costs and expenses incurred by any party in responding to this invitation for bid. All bids become the sole property of the City of Nashua. This invitation for bid is not a contract and alone shall not be interpreted as such but rather serves as an instrument through which qualifications are solicited.

The timeline for this project is as follows:

Projected Timeline Date

Deadline for Vendor Questions Thursday, March 05, 2026, 10:00am

Vendor Question Answers Posted Tuesday, March 10, 2026, 3:00pm

Bids Due Monday, March 16, 2026, 1:00pm

Vendors are encouraged to submit questions via email; however, the City assumes no liability for assuring accurate and complete email transmission/receipt and is not responsible to acknowledge receipt. Inquiries must be submitted in writing, citing the IFB title/number, Page, Section, and must be received no later than Thursday, March 05, 2026, by 10:00am to:

City of Nashua

229 Main Street, Nashua, NH 03060 purchasing@nashuanh.gov

The City will consider all timely-received questions and requests for change and, if reasonable and appropriate, will issue an addendum to clarify or modify this IFB. Answers to vendor submitted questions and other addenda will be posted on the City of Nashua website www.nashuanh.gov, under Services; Bid Opportunities; Current Bids; (Refer to IFB0464-031626) and on Bonfire no later than Tuesday, March 10, 2026 at 3:00 pm

The City hereby notifies all Vendors that it will ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, national origin, sex, age, or disability in consideration for an award.

Pursuant to NRO 5-71 (A), the City of Nashua supports the concept of purchasing products which are biodegradable, can be or have been recycled, or are environmentally sounds. Due consideration will be given to the purchase of such products. If you are proposing any such products which qualify, please so indicate in a cover sheet by item number and description. We are also conscious of energy use and encourage Vendors to propose products that are energy efficient.

All bids are binding for ninety (90) days following the deadline for bids, or until the effective date of any binding resulting contract, whichever is later.

Bids must be submitted in the format provided and address the items specified in this request. The City may reject any or all of the bids on any basis and without disclosure of a reason. The failure to make such a disclosure shall not result in accrual of any right, claim or cause of action by any unsuccessful bidder against The City. The City http://www.nashuanh.gov/ reserves the right to waive any irregularities when the public interest will be served thereby. The City also reserves the right to negotiate any change or amendment in any bid without soliciting further requests for bids if the action is necessary for the best interest of The City.

The City of Nashua will reject the bid of any proposer who is presently debarred, declared ineligible or excluded by any Federal department or agency, and reserves the right to reject the bid of any proposer who has previously failed to perform any contract properly for any purchaser, or to complete on time, contracts of a similar nature, who is not in the position to perform the contract, or who has neglected the payment of bills or otherwise disregarded its obligations to clients, purchasers, subcontractors, material men, or employees.

The City is exempt of all taxes. All bids must be FOB Nashua, NH. All Vendors must comply with all applicable Equal Employment Opportunity laws.

Pursuant to NRO 5-78 (F), the Purchasing Manager shall not solicit a bid from a contractor who is in default on the payment of taxes, licenses or other monies due the City. Therefore, this bid request is void as to anyone who is in default on said payments.

Sincerely, Amy Girard City of Nashua Purchasing Manager girarda@nashuanh.gov mailto:girarda@nashuanh.gov

GENERAL REQUIREMENTS

A. To be eligible for an award, a Vendor must be deemed "responsible". A responsible Vendor:

• has the ability, capacity and skill to provide the goods or services required

• can provide the goods or services within the time frame specified

• has a satisfactory record of integrity, reputation, judgment and experience

• has sufficient financial resources to provide the goods or services

• has an ability to provide future maintenance and support as required

• providing the vendor has provided goods or services to the City, has developed a positive track record with the City

B. The successful Vendor will be required to provide the City with certificates of insurance for coverage as listed in Exhibit C.

All Vendors and subcontractors at every tier under this project will fully comply with NH RSA Chapter 281-A, "Workers' Compensation".

C. The City also reserves the right to negotiate any change or amendment in any bid without soliciting further bids if the action is necessary for the best interest of the City.

D. The City may conduct discussions with responsible Vendors prior to selection. Successful Vendors shall begin performance upon receipt of an executed contract and a valid purchase order issued from the City.

E. The City may reject any and all responses on any basis and without disclosure of a reason. The failure to make such a disclosure shall not result in accrual of any right, claim, or cause of action by any unsuccessful vendor against the City.

F. After the initial designation of a Vendor, City Staff will work with the selected Vendor to negotiate final terms and conditions between the City and the successful Vendors prior to the Contract Award. A draft contract is attached (Exhibit C).

G. The Vendor shall meet all requirements of the Americans with Disabilities Act. The City encourages disadvantaged business enterprise (DBE) participation from contractors and/or subcontractors.

H. The Vendor should understand that under the New Hampshire Right-to-Know Law, all documents submitted in response to this request, including financial information, are considered public information and will be made available to the public upon request, unless specifically exempted under the law.

I. Any vendor submitting a bid may appeal a pending award prior to award by the City. The appellant must:

a. Submit a written protest to the City’s Purchasing Manager within five (5) business days after the bid opening.

b. Describe, in the written protest, the issues to be addressed on appeal

c. Post, with the written protest, a bond with a surety meeting the requirements of General Condition

5.02 authorized to do business in this state or submit other security in a form approved by the City who will hold the bond or security until a determination is made on the appeal.

d. Post the bond or other security in the amount of 25% of the total dollar value of the appellant’s bid, up to a maximum bond or other security amount of $250,000.00.

e. Not seek any type of judicial intervention until the City has rendered its final decision on the protest.

The City will stop award actions until after the City’s Purchasing Manager has responded in writing to the protest. If the appellant is not satisfied with the response, the appellant may then protest to the Board of Aldermen, who will render a final decision for the City. No award protests will be heard by the Board of Aldermen unless vendor has followed the appeal process.

If an appeal is granted, the full amount of the posted bond or security will be returned to the appellant. If the appeal is denied or not upheld, a claim may be made against the bond for expenses suffered by the City because of the unsuccessful appeal.

The City is not liable for any costs, expenses, attorney’s fees, loss of income, or other damages sustained by the appellant in a bid appeal process.

J. The City assumes no liability for the payment of costs and expenses incurred by any vendor in responding to this request. All bids become sole property of The City. This is not a contract and shall not be interpreted as such but rather serves as an instrument through which qualifications are solicited.

PROJECT SCOPE

Project area and scope of work is defined in the project scope of work attached as Exhibit A

Working on behalf of the City, the Vendor shall be consistent with State and Federal statutes and be an advocate for the City throughout the project.

BID PROCESS & RESPONSE

The IFB response should be fully self-contained, concise, and display clearly and accurately the capabilities, knowledge, experience, and capacity of the Vendor to meet the requirements of the project and the bid. Vendors are encouraged to utilize methods they consider appropriate in communicating the required information. At a minimum, this will include submission of the information requested below:

A. Vendor description and project team

a. Vendor firm name, business, address, website address and contact information

b. Year established, number of employees, office locations, etc.

c. Vendor firm specialties: list your firms area(s) of expertise

d. Identify a project manager and all key project personnel and provide their direct contact information. No key staff member will be reassigned without written approval by the City.

e. Identify minority or women owned business status

B. Bid Sheets

Completed bid sheets must be submitted on vendors company letterhead utilizing the format provided in Exhibit D and must include:

a. Bid Form to include pricing per gallon

b. Company information

c. Bid Return Sheet to include federal provisions found in Exhibit B

d. References: include at least 3 professional references (business name, contact, email address & phone number). References may be contacted as part of our preliminary bid review to assist project committee in assessing Vendor qualifications. Current City of Nashua personnel and elected officials shall not be used as references.

e. City Projects: Provide a list of project awards Vendor has received from the City of Nashua in the past 5 years. Please include project detail, City department and City project lead.

f. Bids should be inclusive of all costs necessary to execute this project.

g. Any additional information that the Vendor considers pertinent for consideration should be included in a separate section of the bid. The City solicits a statement about why the Vendor feels its approach would be the most cost effective to the City.

C. General Submission Requirements

a. Responses to this IFB shall be submitted on 8.5 inch by 11 inch sheets.

b. There is no page limit, however it is noted that relevance and brevity shall be considered during evaluation of the submittals.

c. Bids submitted electronically via Bonfire are preferred. If you choose to submit a paper response, then one hardcopy and an electronic copy on a USB device shall be submitted.

BID INITIAL REVIEW

All bids will be initially evaluated to determine if they meet the mandatory requirements.

1) The bid must have been received on or before the specified deadline.

2) The bid must be complete, in the required format, and comply with all the material requirements of this IFB.

3) Vendors must provide references as outlined.

Failure to meet these requirements may result in a rejected bid. No bid shall be rejected, however, if it contains a minor irregularity, defect, or variation, if the irregularity, defect, or variation is considered by the City to be immaterial or inconsequential. In such cases, the Vendor will be notified of the deficiency and given an opportunity to correct the irregularity, defect, or variation, or the City may elect to waive the deficiency and accept the bid.

ADDITIONAL CONSIDERATIONS:

The Vendor selected shall be expected to comply with all applicable federal and state laws in performance of services. The consideration of all bids and subsequent selection of the successful vendors shall be made without regard to race, color, sex, age, handicap, religion, political affiliation or national origin. Services provided by the successful Vendor shall be rendered through a contract, which has been included (Appendix C).

Respondent Vendors must identify any exceptions or objections it has to the City’s sample Standard Form of

Agreement, General Conditions, Supplementary Conditions documents. Copies are part of this Bid in Appendix C

The City may from time to time revise the above listed documents. The City will not accept or entertain any exceptions or objections to the above listed documents at any time after bid submittal except and only to the extent the City subsequently makes a material change to a substantive provision of the above listed terms and conditions.

The bid must declare that it is made without collusion with any other person or entity submitting a bid pursuant to this IFB

Disclosure of any potential conflict or statement that there are none to the best knowledge of the Vendor(s). Also, Vendor(s) should state its intention to conform to the no conflict provisions of the IFB .

Prospective applicants who have any questions regarding this opportunity may contact:

Amy Girard | Purchasing Manager City of Nashua | Administrative Services Division

229 Main Street | Nashua, NH 03060 Email: purchasing@nashuanh.gov Ph: 603-589-3330

Exhibit A: Scope of Work

Contract Term:

From July 1, 2026 through June 30, 2027, with option to extend for up to 1 year, under the same terms, conditions, and pricing structure upon the mutual agreement between the successful Vendor and the City of Nashua.

Vendor Certifications:

ALL Vendors SHALL be duly registered as a Vendor authorized to conduct business in the State of New Hampshire.

Vendors shall comply with the certifications below at the time of submission and through the term of any contract which results from said bid. Failure to comply shall be grounds for disqualification of bid and/or the termination of any resultant contract.

Ordering & Delivery Procedure:

Bid submittal must confirm time commitment for delivery following telephoned request. Deliveries shall be made within 24 hours of notification to the successful bidder. The successful bidder shall ensure that fuel deliveries are made as often as requested.

• Deliveries may be made between 6:00 am – 4:00 pm

• An authorized City of Nashua employee must sign all delivery slips

• The City of Nashua will not be responsible for spillage during deliveries.

The successful Vendor shall be responsible for ensuring delivery safety requirements and procedures are met, including, but not limited to:

• Exercising caution when maneuvering to avoid damage to property

• Placing drip pans under all hose fittings prior to unloading

• Blocking truck wheels before starting to unload

• Remaining with the vehicle while unloading

• Verifying that all drain valves are closed before disconnecting unloading lines

• Inspecting vehicle before departure to be sure all unloading lines have been disconnected

• Immediately reporting any leakage or spillage to the onsite personnel

Estimated Usage:

The quantities indicated in offer section of this bid invitation are an estimate only for the City of Nashua's annual requirements. The quantity stated is an estimate based on history and anticipated needs. These quantities are for informational purposes only and shall not be considered minimum or guaranteed quantities, nor shall they be considered maximum quantities. The City of Nashua cannot be bound to this specific quantity to fulfill the agreement.

Nashua Transit has one tank located at 11 Riverside Street Nashua, NH with a capacity of 12,500 gallons. The successful bidder must be capable of tanker loads.

Specifications:

The City of Nashua will be requesting the B5 Biodiesel fuel blend on a year-round basis. It is required that the B5 Biodiesel product being supplied be formulated utilizing "premium ultra-low sulfur #2" blend stock on a year- round basis. Below are the guidelines for the minimum protection cloud points required. All fuel as delivered shall meet or exceed the cloud point requirements as stated below unless superseded by requirements stated at time of order.

Additive Winter Premium Diesel Cloud Point Requirements

• October 1st to December 14th - "B5 fuel delivered" with a required cloud point that meets or exceeds + 8° cloud point

• December 15th to March 14th _ "B5 fuel delivered" with a required cloud point that meets or exceeds - 5° cloud point

• March 15th to September 30th - "B5 fuel delivered" with a required cloud point that meets or exceeds + 20° cloud point

It shall be the bidders' responsibility to manage and deliver a B5 bio diesel product that meets the cloud point protection as stated above through the contract period. Bidders shall list any additional measures they shall take or that is recommended that the City take to assist in maintaining the operating characteristics of the B5 delivered fuel during the winter months.

The biodiesel product must meet the ASTM-D-6751 code and the final blend must meet the requirements of the D975 code. Documentation must accompany any proposal that is submitted.

The biodiesel product must include a cold weather additive. All proposals must include identification of actual product that will be used.

It is highly recommended that the final product be derived by utilizing the computer rack-blend method.

Invoicing:

All invoices must be forwarded c/o Accounts Payable, City Hall, PO Box 2019, Nashua, NH 03061-2019.

Invoices must identify the delivery point and must include proof of delivery.

Pricing Option:

Fixed Price Format: Bidders shall offer a price per gallon that shall remain firm for the term specified within this bid and based on the estimated volume stated above. The offered price shall include all taxes, fees, delivery cost and all other charges.

Any and all relevant fees and taxes that are in place at the time of the proposal submittal must be included in the offered mark-up and transportation charge stated by the vendor. This includes any environmental, superfund, transportation or excise tax or fees, for which the vendor may be deemed responsible.

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EXHIBIT B

REQUIRED CONTRACT FEDERAL CLAUSES – FY27 BIODIESEL FUEL

Cargo Preference:

Contracts involving equipment, materials or commodities that may be transported by ocean vessels. These requirements do not apply to micro-purchases ($3,500 or less, except for construction contracts over $2,000). Contractor shall: a. use privately owned US-Flag commercial vessels to ship at least 50% of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners and tankers) involved, whenever shipping any equipment, material or commodities pursuant to the underlying contract to the extent such vessels are available at fair and reasonable rates for US flag commercial vessels; b. furnish wi thin 20 working days following the loading date of shipments origi nating within the US or wi thin 30 working days following the loading date of shipments originating outside the US, a legible copy of a rated, "on-board" commercial bill-of-lading in English for each shipment of cargo described herein to the Division of National Cargo, Office of Market Development, Maritime Administration , Washington , DC 20590 and to the recipient (through contractor in the case of a subcontractor' s bill-of-lading); c.

include these requirements in all subcontracts issued pursuant to this contract when the subcontract involves the transport of equipment, material or commodities by ocean vessel; d. Requires Bidder and subcontractors at every tier to use United States-flag air carriers, to the extent service by these carriers is available. When the contract may involve the international transportation of goods, equipment, or personnel by air, the contract must. 49 U.S.C. 40118 and 4 CFR Part 52.

Environmental Resource Conservation and Energy Requirements

Energy Conservation:

Contractor shall comply with mandatory standards and policies relating to energy efficiency, stated in the state energy conservation plan issued incompliance with the Energy Policy & Conservation Act.

Clean Air Act and Federal Water Pollution Control Act Applicability to Contracts:

The Clean Air and Clean Water Act requirements apply to each contract and subcontract exceeding $150,000. Each contract and subcontract must contain a provision that require the recipient to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387).

2CFR 200 Appendix II (A). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).

The Clean Air Act and Federal Water Pollution Control Act requirements extend to all third-party contractors and their contracts at every tier and sub-recipients and their subcontracts at every tier.

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The Contractor agrees:

1) It will not use any violating facilities;

2) let will report the use of facilities placed on or likely to be placed on the U.S.

EPA "List of Violating Facilities;"

3) It will report violations of use of prohibited facilities to FTA; and

4) It will comply with the inspection and other requirements of the Clean Air Act, as amended, (42 U.S.C. §§ 7401 -7671q); and the Federal Water Pollution Control Act as amended, (33 u.sc. §§ 125 1 1387).

False or Misleading Statements:

Proposals which contain false or misleading statements, or which provide references which do not support an attribute or condition claimed by the Bidder, may be rejected. If in the opinion of NTS, such information was intended to mislead NTS in its evaluation of the proposal, and the attribute, condition or capability is a requirement of this proposal, it will be the basis for rejection of the proposal.

Access to Records and Reports:

The following access to records requirements apply to this Contract:

Where the purchaser is not a State but a local government and is an FTA recipient or a sub-grantee of FTA recipient in accordance with 49 CFR 18.36(1), contractor shall provide the purchaser, the FTA, the US Comptroller General or their authorized representatives access to any books, documents, papers and contractor records which are pertinent to this contract for the purposes of making audits, examinations, excerpts and transcriptions. Contractor shall also, pursuant to 49 CPR 633. 17, provide authorized FTA representatives, including any PMO contractor, access to contractor's records and construction sites pertaining to a capital project, defined at 49 USC 5302(a)1, which is receiving FTA assistance through the programs described at 49 USC 5307, 5309 or 5311.

Where a purchaser which is an FTA recipient or a sub-grantee of FTA recipient in accordance with 49 USC 5325(a) enters into a contract for a capital project or improvement (defined at 49 USC 5302(a)) through other than competitive bidding, contractor shall make available records related to the contract to the purchaser, the Secretary of USDOT and the US Comptroller General or any authorized officer or employee of any of them for the purposes of conducting an audit and inspection.

Contractor shall permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed.

Contractor shall maintain all books, records, accounts and reports required under this contract for a period of not less than three (3) years after the date of termination or expiration of this contract, except in the event of litigation or

3 | P a g e settlement of claims arising from the performance of this contract, in which case contractor agrees to maintain same until the recipient, FTA Administrator, US Comptroller General, or any of their authorized representatives, have disposed of all such litigation, appeals, claims or exceptions related thereto. Re: 49 CFR 18.39(i)(l 1).

Federal Changes Requirements:

Contractor shall comply with all applicable FTA regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Master Agreement between the purchaser and FTA, as they may be amended or promulgated from time to time during the term of the contract. Contractor's failure to comply shall constitute a material breach of the contract. Applicable changes to those federal requirements will apply to each Third-Party Agreement and parties thereto at any tier.

Recovered Materials:

The Bidder agrees to comply with all the requirements of Section 6002 of the

Resource Conservation and Recovery Act (RCRA), as amended (42 U.S.C. 6962), including but not limited to the regulatory provisions of 40 CFR Part 247, and Executive Order 1 2873, as they apply to the procurement of the items designated in Subpart B of 40 CFR Part 247.

No Federal Government Obligation to Third Parties:

The recipient and contractor acknowledge and agree that, notwithstanding any concurrence by the US Government in or approval of the solicitation or award of the underlying contract, absent the express written consent by the US Government, the US Government is not a party to this contract and shall not be subject to any obligations or liabilities to the recipient, the contractor, or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying contract.

Entire Agreement This Agreement contains the entire agreement between the CITY and the

CONTRACTOR and no oral agreement, promise, statement or representation, which is not herein contained, shall be binding upon the CITY or the CONTRACTOR. All amendments to this Agreement shall be in writing and executed by both parties.

Contractor agrees to include the above clause in each subcontract financed in whole or in part with FTA assistance. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions.

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Program Fraud and False or Fraudulent Statements or Related Acts Contractor acknowledges that the provisions of the Program Fraud Civil Remedies

Act of 1986, as amended, 31 USC 3801 et seq. and USDOT regulations, "Program Fraud Civil Remedies," 49 CFR 31, apply to its actions pertaining to this project.

Upon execution of the underlying contract, contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying contract or FTA assisted project for which this contract work is being performed. In addition to other penalties that may be applicable, contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submittal, or certification, the US Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act (1986) on contractor to the extent the US Government deems appropriate.

The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C chapter 53, the Government reserves the right to impose the penalties of 18 U.S.C 100I and 49 U.S.C. 5323 (I) on the Contractor, to the extent the Federal Government deems appropriate.

The Contractor agrees to include the above two clauses in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions.

Termination Applicability - All Contracts over $10,000:

Termination for Default [Breach or Cause] (General Provision) If contractor does not

Deliver items in accordance with the contract delivery schedule, or, if the contract is for services, and contractor fails to perform in the manner called for in the contract, or if contractor fails to comply with any other provisions of the contract, the recipient may terminate this contract for default. Termination shall be affected by serving a notice of termination to contractor setting forth the manner in which contractor is in default. Contractor shall only be paid the contract price for supplies delivered and accepted, or for services performed in accordance with the manner of performance set forth in the contract. If it is later determined by the recipient that contractor had an excusable reason for not performing, such as a strike, fire, or flood, events which are not the fault of or arc beyond the control of contractor, the recipient, after setting up a new delivery or performance schedule, may allow contractor to continue work, or treat the termination as a termination for convenience.

Opportunity to Cure (General Provision) the recipient in its sole discretion may, in the case of a termination for breach or default, allow the contractor I0 days in which to cure the defect. Ln such case, the notice of termination shall state the time

5 | P a g e period in which cure is permitted and other appropriate conditions. If contractor fails to remedy to the recipient's satisfaction the breach or default or any of the terms, covenants, or conditions of this Contract within ten (10) days after receipt by contractor or written notice from the recipient setting forth the nature of said breach or default, the recipient shall have the right to terminate the Contract without any further obligation to contractor. Any such termination for default shall not in any way operate to preclude the recipient from also pursuing all available remedies against contractor and its sureties for said breach or default.

Waiver of Remedies for any Breach. In the event that the recipient elects to waive its remedies for any breach by contractor of any covenant, term or condition of U1is Contract, such waiver by the recipient shall not limit its remedies for any succeeding breach of that or of any other term, covenant, or condition of this Contract.

Termination for Default (Supplies and Service) lf contractor fails to deliver supplies or to perform the services within the time specified in this contract or any extension or if the contractor fails to comply with any other provisions of this contract, the recipient may terminate this contract for default. The recipient shall terminate by delivering to contractor a notice of termination specifying the nature of default.

Contractor shall only be paid the contract price for supplies delivered and accepted, or services performed in accordance with the manner or performance set forth in this contract. After termination for failure to fulfill contract obligations it is determined that contractor was not in default, the rights and obligations of the parties shall be the same determination had been issued for the recipient’s convenience.

Notice to FTA and U.S. DOTI Inspector General of Information Related to Fraud, Waste, Abuse or Other Legal Matters If a current or prospective legal matter that may affect the Federal Government emerges, the Recipient must promptly notify the FTA Chief Counsel and FTA Regional Counsel for the Region in which the Recipient is located. The Recipient must include a similar notification requirement in its Third-Party Agreements and must require each Third-Party Participant to include an equivalent provision in its subagreements at every tier, for any agreement that is a “covered transaction” according to 2 C.F.R. §§ 180.220 and 1200.220.

(1) The types of legal matters that require notification include, but are not limited to, a major dispute, breach, default, litigation, or naming the Federal Government as a party to litigation or a legal disagreement in any forum for any reason.

(2) Matters that may affect the Federal Government include, but are not limited to, the Federal Government’s interests in the Award, the accompanying Underlying Agreement, and any Amendments thereto, or the Federal Government’s administration or enforcement of federal laws, regulations, and requirements.

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(3) The Recipient must promptly notify the U.S. DOT Inspector General in addition to the FTA Chief Counsel or Regional Counsel for the Region in which the Recipient is located, if the Recipient has knowledge of potential fraud, waste, or abuse occurring on a Project receiving assistance from FTA. The notification provision applies if a person has or may have submitted a false claim under the False Claims Act, 31 U.S.C. § 3729 et seq., or has or may have committed a criminal or civil violation of law pertaining to such matters as fraud, conflict of interest, bribery, gratuity, or similar misconduct. This responsibility occurs whether the Project is subject to this Agreement or another agreement between the Recipient and FTA, or an agreement involving a principal, officer, employee, agent, or Third-Party Participant of the Recipient. It also applies to subcontractors at any tier. Knowledge, as used in this paragraph, includes, but is not limited to, knowledge of a criminal or civil investigation by a Federal, state, or local law enforcement or other investigative agency, a criminal indictment or civil complaint, or probable cause that could support a criminal indictment, or any other credible information in the possession of the Recipient

Administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate defer to section 2 CFR 200 (Appendix II(A)).

Governing Law This Agreement shall be governed exclusively by the laws of the State of New

Hampshire and any claim or action brought relating to this Agreement, the work performed or contracted to be performed thereunder, or referable in anyway thereto shall be brought in Hillsborough County (New Hampshire) Superior Court Southern Judicial District or in the New Hampshire 9th Circuit Court—Nashua and not elsewhere.

Incorporation of Federal Transit Administration (FTA) Terms The provisions within include, in part, certain Standard Terms and Conditions required under the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR § 200), whether or not expressly set forth in the preceding contract provisions. All contractual provisions required by DOT, detailed in 2 CFR § 200 or as amended by 2 CFR § 1201, or the most recent version of FTA Circular 4220.1 are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Contract. The Contractor shall not perform any act, fail to perform any act, or refuse to comply with

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Government Wide Debarment and Suspension: Applicability -Contracts over $25,000

The Contractor shall comply and facilitate compliance with U.S. DOT regulations, "Non-procurement Suspension and Debarment ," 2 C.F.R. part 1200, which adopts and supplements the U.S. Office of Management and Budget (U.S. OM B) "Guidelines to Agencies on Government wide Debarment and Suspension (Non-procurement)," 2 C.F.R. part 180. These provisions apply to each contract at any tier of $25,000 or more, and to each contract at any tier for a federally required audit (irrespective of the contract amount), and to each contract at any tier that must be approved by an FTA official irrespective of the contract amount. As such, the Contractor shall verify that its principals, affiliates, and subcontractors are eligible to participate in this federally funded contract and are not presently declared by any Federal department or agency to be:

a) Debarred from participation in any federally assisted Award;

b) Suspended from participation in any federal assisted Award;

c) Proposed for debarment from participation in any federally assisted Award;

d) Declared ineligible to participate in any federally assisted Award;

e) Voluntarily excluded from participation in any federally assisted Award; or

f) Disqualified from participation in ay federally assisted Award.

By signing and submitting its bid or proposal, the bidder or proposer certifies as follows:

The certification in this clause is a material representation of fact relied upon by the

Recipient. If it is later determined by the Recipient that the bidder or proposer knowingly rendered an erroneous certification, in addition to remedies available to the Recipient, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. The bidder or proposer agrees to comply with the requirements of 2 C.F.R. part 180, subpart C, as supplemented by 2 C.F.R. part 1200, while this offer is valid and throughout the period of any contract that may arise from this offer and 2CFR 200.318(k). The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions.

This affidavit must be on the form provided by NTS.

Signature of Contractor’s Authorized Official

Name and Title of Contractor’s Authorized Official

Date: ____________________

Company Unique Entity ID number for sam.gov: ____________________ Company name in sam.gov: ___________________________________

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Contracts Involving Federal Privacy Act Requirements:

When a recipient maintains files on drug and alcohol enforcement activities for

FTA, and those files are organized so that information could be retrieved by personal identifier, the Privacy Act requirements apply to all contracts except micro-purchases ($3,500 or less, except for construction contracts over $2,000).

The following requirements apply to the Contractor and its employees that administer any system of records on behalf of the Federal Government under any contract:

The Contractor agrees to comply with, and assures the compliance of its employees with, the information restrictions and other applicable requirements of the Privacy Act of 1974, 5U.S.C. § 552a. Among other things, the Contractor agrees to obtain the express consent of the Federal Government before the Contractor or its employees operate a system of records on behalf of the Federal Government. The Contractor understands that the requirements of the Privacy Act, including the civil and criminal penalties for violation of that Act, apply to those individuals involved, and that failure to comply with the terms of the Privacy Act may result in termination of the underlying contract.

The Contractor also agrees to include these requirements in each subcontract to administer any system of records on behalf of the Federal Government financed in whole or in part with Federal assistance provided by FTA.

Civil Rights Requirements The Recipient understands and agrees that it must comply with applicable Federal civil rights laws and regulations, and follow applicable Federal guidance, except as the Federal Government determines otherwise in writing. Specifically:

Nondiscrimination in Federal Public Transportation Programs. The Recipient agrees to, and assures that each Third Party Participant will, comply with Federal transit law, 49 U.S.C. § 5332 (FTA's "Nondiscrimination" statute): (1) FTA 's "Nondiscrimination" statute prohibits discrimination on the basis of: (a) Race, (b) Color, (c) Religion, (d) National origin, (e) Sex (including sexual orientation and gender identity), (f) Disability, or (g) Age, and (2) The FTA "Nondiscrimination" statute's prohibition against discrimination includes: (a) Exclusion from participation, (b) Denial of program benefits, or (c) Discrimination, including discrimination in employment or business opportunity, Nondiscrimination -Title VI of the Civil Rights Act. The Recipient agrees to, and assures that each Third Party Participant will : ( I ) Prohibit discrimination based on: (a) Race, (b) Color, or (c) National origin, (2) Comply with: (a) Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000d et seq., (b) U.S. DOT regulations, "Nondiscrimination in Federally Assisted Programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964," 49 C.F.R. part 21, and (c) Federal transit law, specifically 49 U.S.C. §5332, as stated in the preceding section a, and (3) Except as FTA determines otherwise in writing, follow: (a) The most recent edition of FTA Circular 4702.1, "Title VI and Title VI Dependent Guidelines for Federal

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Transit Administration Recipients," to the extent consistent with applicable Federal laws, regulations, and guidance. (b) U.S. DOJ, "Guidelines for the enforcement of Title VI, Civil Rights Act of 1964," 28 C.F.R. § 50.3, and (c) Other applicable Federal guidance that may be issued, Equal Employment Opportunity. (1) Federal Requirements and Guidance. The Recipient agrees to, and assures that each Third Party Participant will, prohibit discrimination on the basis of race, color, religion, sex, or national origin, and: (a) Comply with Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq., (b) Facilitate compliance with Executive Order No. 1 1246, "Equal Employment Opportunity," as amended by Executive Order No.11375, "Amending Executive Order No. 11246, Relating to Equal Employment Opportunity," 42 U.S.C. § 2000e note, (c) Comply with Federal trans t law, specifically 49 U.S.C. § 5332, as stated in section a, and (d) Comply with other applicable EEO laws and regulations, as provided in Federal guidance, including laws and regulations prohibiting discrimination on the basis of disability, except as the Federal Government determines otherwise in writing, (2) General. The Recipient agrees to: (a) Ensure that applicants for employment are employed and employees are treated during employment without discrimination on the basis of their: 1 Race, 2 Color, 3 Religion, 4 Sex, 5 Disability, 6 Age, or 7 National origin, (b) Take affirmative action that includes, but is not limited to: 1 Recruitment advertising, 2 Recruitment, 3 Employment, 4 Rates of pay, 5 Other forms of compensation, 6 Selection for training, including apprenticeship, 7 Upgrading, 8 Transfers, 9 Demotions, I0 Layoffs, and II Terminations, and (3) Equal Employment Opportunity Requirements for Construction Activities. Ln addition to the foregoing, when undertaking "construction" as recognized by the U.S. Department of Labor (U.S.

DOL), the Recipient agrees to comply, and assures the compliance of each Third Party Participant, with:

(a) U.S. DOL regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. chapter 60, and (b) Executive Order No. 1 1246, "Equal Employment Opportunity," as amended by Executive Order No. l 1375, "Amending Executive Order No. 11246, Relating to Equal Employment Opportunity," 42 U.S.C. § 2000c note, Disadvantaged Business Enterprise Disadvantaged Business Enterprise to the extent authorized by applicable Federal law, the Recipient agrees to facilitate, and assures that each Third Party Participant will facilitate, participation by small business concerns owned and controlled by socially and economically disadvantaged individuals, also referred to as "Disadvantaged Business Enterprises" (DBEs), in the Project as follows:( 1) Requirements. The Recipient agrees to comply with: (a) Section 10 l (b) of MAP- 21 , 23 U.S.C. § 101 note, (b) U.S. DOT regulations, Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs," 49 C.F.R. part 26, and (c) Federal transit law, specifically 49 U.S.C. § 5332, as stated in section a, (2) Assurance. As required by 49 C.F.R.

§ 26. 13(a), the Recipient provides assurance that: The Recipient shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any DOT- assisted contract or in the administration of its DBE

10 | P a g e program or the requirements of 49 C.F.R. part 26. The Recipient shall take all necessary and reasonable steps under 49 C.F.R. part 26 to ensure nondiscrimination in the award and administration of DOT-assisted contracts. The Recipient's DBE program, as required by 49 C.F.R. part 26 and as approved by DOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the Recipient of its failure to carry out its approved program, the Department may impose sanctions as provided for under 49 C.F.R. part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. § I001 and/or the Program Fraud Civil Remedies Act of 1986, 31 U.S.C. § 3801 et seq., Nondiscrimination based on Sex. The Recipient agrees to comply with Federal prohibitions against discrimination on the basis of sex, including: (1) Title IX of the Education Amendments of 1972, as amended, 20 U.S.C. § 1681 et seq., (2) U.S.

DOT regulations, "Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance," 49 C.F.R. part 25, and (3) Federal transit law, specifically 49 U.S.C. § 5332, as stated in section a, Nondiscrimination on the Basis of Age. The Recipient agrees to comply with Federal prohibitions against discrimination on the basis of age, including: (I) The Age Discrimination in Employment Act (ADEA), 29 U.S.C. §§ 62 l - 634, which prohibits discrimination on the basis of age, (2) U.S. Equal Employment Opportunity Commission (U.S. EEOC) regulations, "Age Discrimination in Employment Act," 29 C.F.R. part 1625, which implements the ADEA, (3) The Age Discrimination Act of 1975, as amended, 42 U.S.C. § 610 I et seq., which prohibits Discrimination against individuals on the basis of age in the administration of programs or activities receiving Federal funds, (4) U.S. Health and Human Services regulations, "Nondiscrimination on the Basis of Age in Programs or Activities Receiving Federal Financial Assistance," 45 C.F.R. part 90, which implements the Age Discrimination Act of 1975, and Federal transit law, specifically 49 U.S.C.