City of Nashua Purchasing Department

Administrative Services Division 229 Main Street - Nashua, NH 03060

IFB 0490-020426

229 Main Street • Nashua, New Hampshire 03061 • Phone (603) 589-3330 • Fax (603) 589-3233

(603) 589-3330

Email: purchasing@nashuanh.gov

January 27, 2026

Subject: Invitation for Bid IFB 0490-020426 Unleaded and Diesel Fuel

The City of Nashua, NH, herein referred to as “the City”, is seeking bids from qualified bidders to supply regular unleaded gasoline and diesel fuel for a contract period from July 1, 2026, through June 30, 2027. The Scope of Work for this project may be found in Appendix A of this request.

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.

Award is scheduled to be made on Wednesday, February 4, 2026, at 7:00 pm at the Finance Committee meeting.

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 "IFB0490-020426". 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 12:00 pm on Wednesday, February 04, 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 they choose 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 website, www.nashuanh.gov, under Services; Bid Opportunities; Current Bids and on the Bonfire website; (Refer to Document IFB0490-020426). 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 IFB0490-020426) within twenty-four (24) hours of the opening.

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

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

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 Friday, January 30, 2026, 10:00am

Vendor Question Answers Posted Monday, February 02, 2026, 3:00pm

Bids Due Wednesday, February 04, 2026, 12:00pm

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 for acknowledging receipt. Inquiries must be submitted in writing, citing the IFB title/number, Page, and Section, and must be received no later than Friday, January 30, 2026, by 10:00 am 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 IFB0490-020426) and on Bonfire no later than Monday, February 02, 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 sound. Due consideration will be given to the purchase of such products. If you are proposing any such products that qualify, please indicate on 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 the accrual of any right, claim, or cause of action by any unsuccessful bidder against The City. The City 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.

http://www.nashuanh.gov/

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.

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, and 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 below and endorsements affecting coverage required by the contract within ten (10) calendar days after the City issues the notice of award. The City requires thirty (30) calendar days written notice of cancellation or material change in coverage. The certificate and endorsements for each insurance policy must be signed by a person authorized by the insurer and who is licensed by the State of New Hampshire. General Liability, Employer’s Liability and Auto Liability policies must name the City of Nashua as an additional insured and reflect on the certificate of insurance:

• General Liability insurance in the amount of $3,000,000 per occurrence and $5,000,000 aggregate (City of Nashua Additional Insured)

• $1,000,000 Combined Single Limit Automobile Liability – if hauling any hazardous material is to be performed or subcontracted, then the Hauler shall be required to endorse its Auto Liability policy with an MCS-90 Endorsement. (coverage must include all owned, non-owned, and hired vehicles)

• Environmental Impairment/Pollution Liability to include liability for Sudden and Accidental and environmental cleanup. $3,000,000 per occurrence; $5,000,000 aggregate.

• Workers' Compensation Coverage in compliance with the State of New Hampshire statutes, $100,000/$500,000/$100,000. All vendors and subcontractors at every tier will fully comply with NH RSA Chapter 281-A, “Workers’ Compensation.”

The above liability requirements can be met with a combination of underlying and umbrella/excess insurance.

Contractor shall ensure that its activities and activities of its employees and its subcontractors are in strict compliance with all Environmental Protection Agency, NHDES, and DOT regulations and all other applicable federal, state and local statutes, ordinances, regulations and rules, including without limitation, the Federal OSHA of 1970 as amended; and the standards and regulations issued hereunder, and all other statues, ordinances, regulations, rules, standards and requirements of common law in relation to industrial hygiene and safety, and the protection of health and the environment.

Contractor shall maintain in effect at all times during the performance under this contract all specified insurance coverage with insurers. None of the requirements as to types and limits to be maintained by Contractor are intended to and shall not in any manner limit or qualify the liabilities and obligations assumed by Contractor under this contract. The City of Nashua shall not maintain any insurance on behalf of Contractor. Subcontractors are subject to the same insurance requirements as Contractor and it shall be the Contractor’s responsibility to ensure compliance of this requirement.

The parties agree that Contractor shall have the status of and shall perform all work under this contract as an independent contractor, maintaining control over all its consultants, sub-consultants, contractors, or subcontractors. The only contractual relationship created by this contract is between the City and

Contractor, and nothing in this contract shall create any contractual relationship between the City and

Contractor’s consultants, sub consultants, contractors, or subcontractors. The parties also agree that

Contractor is not a City employee and that there shall be no:

• Withholding of income taxes by the City;

• Industrial insurance coverage provided by the City;

• Participation in group insurance plans which may be available to employees of the City;

• Participation or contributions by either the independent contractor or the City to the public employee’s retirement system;

• Accumulation of vacation leave or sick leave provided by the City;

• Unemployment compensation coverage provided by the City.

The contractor will provide the City of Nashua with certificates of insurance for coverage as listed below and endorsements affecting coverage required by the contract within ten calendar days after the City issues the notice of award. The City of Nashua requires thirty days written notice of cancellation or material change in coverage. The certificates and endorsements for each insurance policy must be signed by a person authorized by the insurer and who is licensed by the State of New Hampshire. General Liability, Employers’ Liability and Auto Liability policies must name the City of Nashua as an additional insured and reflect as such on the certificate of insurance. All policies shall contain a waiver of subrogation in favor of the City of Nashua and its officers, directors, employees, volunteers and agents. Contractor is responsible for filing updated certificates of insurance with the City of Nashua's Risk Management Department during the life of the contract -

• Contractor shall maintain in effect at all times during the performance under this contract all specified insurance coverage with insurers

• Subcontractors are subject to the same insurance requirement as Contractor and it shall be the Contractor’s responsibility to ensure compliance.

• All deductibles and self-insured retentions shall be fully disclosed in the certificate(s) of insurance.

• If aggregate limits of less than $5,000,000 are imposed on bodily injury and property damage, Contractor must maintain umbrella liability insurance of at least $3,000,000. All aggregates must be fully disclosed on the required certificate of insurance.

• None of the requirements as to types and limits to be maintained by Contractor are intended to and shall not in any manner limit or qualify the liabilities and obligations assumed by Contractor under this contract and the Contractor is encouraged to purchase such additional insurance as it deems necessary.

• The insurance provided herein is primary, and no insurance held or owned by the City of Nashua shall be called upon to contribute to a loss.

• Contractor is responsible for and required to remedy all damage or loss to any property, including property of the City, caused in whole or part by Contractor or anyone employed, directed, or supervised by Contractor.

Regardless of any coverage provided by any insurance, and to the extent provided by the law, Contractor agrees to indemnify and shall defend and hold harmless the City, its agents, officials, employees and authorized representatives and their employees from and against any and all suits, causes of action, legal or administrative proceedings, arbitrations, claims, demands, damages, liabilities, interest, attorney’s fees, costs and expenses of any kind or nature in any manner caused, occasioned, or contributed to in whole or in part by reason of any negligent act, omission, or fault or willful misconduct, whether active or passive, of

Contractor or of anyone acting under its direction or control or on its behalf in connection with or incidental to the performance of this contract. Contractor’s indemnity, defense and hold harmless obligations, or portions thereof, shall not apply to liability caused by the sole negligence or willful misconduct of the party indemnified or held harmless.

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 the 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 (Appendix D).

G. The Vendor shall meet all requirements of the Americans with Disabilities Act.

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 Appendix 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 Appendix C and must include:

a. Bid Form to include pricing per gallon

b. Company Information

c. Bid Return Sheet to include federal provisions found in Appendix 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 Choose an item. 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 bidshall 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 Independent Contractor Contract, which has been included (Appendix D).

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 D

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

The purpose of this bid invitation is to establish a contract for supplying the City of Nashua with Regular

Unleaded Gasoline, and Diesel Fuel, to be ordered as needed during the term of the contract, in accordance with the requirements of this invitation and any resulting contract. This contract may be awarded by each fuel type.

Contract Term: From July 1, 2026 through June 30, 2027

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 certification below at the time of submission and through the terms of any contract that 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 the email request for a fuel delivery. Deliveries shall be made within 24 hours of notification to the requested delivery. The successful bidders shall ensure that fuel deliveries are made as often as requested.

• Deliveries are typically requested for between 80-6,000 gallons, with the exception of fiscal year end (June) when the City may request a few deliveries in the area of 100-1,000 gallons each week.

• Deliveries may be made between 7:00 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.

• On rare occasions, an emergency delivery on the weekend may be required (typically during the winter snow operations)

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 report any leakage or spillage to the onsite personnel

Tank Capacity by Location

Unleaded Gasoline

The City is estimating an annual usage of 180,000 gallons

The successful bidder for unleaded gasoline must be capable of tanker loads, and smaller deliveries.

Location Tank Capacity (Gallons)

Division of Public Works 12,000

Edgewood Cemetery 300

Parks and Rec 1,000

Wastewater Facility 1,000

Woodland Cemetery 300

Ultra Low Sulfur Diesel Fuel

The City is estimating an annual usage of 130,000 gallons

Location Tank Capacity (Gallons)

Airport Fire Station 2,000

Spitbrook Road Fire Station 2,000

Landfill 10,000

Public Works 12,000 Generator: 250

Wastewater Facility Tank 1: 5,000 (Central) Tank 2: 5,000 (North)

Generator: 10,000

Police Tank 1: 1,500 Tank 2: 500

High Street Parking Garage 400

Nashua High School North Tank 1: 2,000 Tank 2: 275

Edgewood Cemetery 90

Estimated Usage:

The quantities indicated in the offer section of the 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.

The successful bidder must be capable of tanker loads, and smaller deliveries.

Specifications:

Specifications are stated below. Supplied products will meet specifications as written or the most recent revised ASTM specification.

Unleaded Gasoline: The City of Nashua will be requesting a minimum of Regular 87 Octane Unleaded

Gasoline with a maximum of 10% Ethanol.

Ultra Low Sulfur Diesel Fuel:

Property ASTM Test Method General Reference Fuel Specifications

Sulfur Content D5453-93 15 PPM Max

Aromatic Hydrocarbon Content, Vol %

D5186-96 10% Max

Polycyclic Aromatic Hydrocarbon

Content, WT %

D5186.96 1.4% Max

Nitrogen Content D4629-96 10 PPM Max

Natural Cetane Number D613-84 40 Minimum

Gravity, API D287-82 33-39

Viscosity at 40° C, sCt D445-83 2.0-4.1

Flash Pint °F (Min.) D93-80 130

Distillation °F D86-96

IBP 340-420

10% REC 400-490

50% REC 470-560

90% REC 550-610

EP 580-660

• October 1st to December 14th- Ultra-low sulfur additive premium winter diesel with temperature protection characteristics that meet or exceed +8°F cloud points

• December 15th to March 14th- Ultra-low sulfur additive premium winter diesel with temperature protection characteristics that meet or exceed -5°F cloud points

Evidence of unsatisfactory fuel performance shall be cause for contract termination.

Fuel Sampling and Testing

The fuel provider shall collect and submit fuel samples from the City’s tank in accordance with the following schedule:

• 9 Stadium Drive: Every (3) three months

• All other City Locations: Every (6) six months

All fuel samples shall be tested by a qualified laboratory to verify fuel quality and compliance with applicable standards.

Certificates of analysis from terminal tanks may be provided and will be accepted in addition to, but not in lieu of our required sampling.

The provider shall submit all laboratory test results electronically to mrush@nashuanh.gov within (5) business days of receipt from the testing laboratory.

Failure to provide timely samples or results may be considered non-performance under the contract.

Invoicing:

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

(accountspayable@nashuanh.gov) for payment, invoices should NOT be sent to Purchasing for processing. 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 costs, and all other charges.

Any and all relevant fees and taxes that are in place at the time of the bid 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.

mailto:mrush@nashuanh.gov mailto:accountspayable@nashuanh.gov

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REQUIRED CONTRACT FEDERAL CLAUSES – FY27 FUEL UNLEADED

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 originating 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) lt 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.