RFQ_6913G619Q300031Boxcars.pdf

Request for Quote(RFQ) 6913G619Q300031 Railway Boxcars

This is a combined synopsis/solicitation no. 6913G618Q300122 for commercial items prepared in accordance with (IAW) the format in Federal Acquisition Regulation (FAR) Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotations are being requested and a separate written solicitation will not be issued.

This solicitation is being conducted IAW FAR Part 12, Acquisition of Commercial Items and pursuant to FAR Part 13, Simplified Acquisition Procedures. This acquisition is being conducted using full and open competition. The applicable North American Industry Classification System (NAICS) Code is 336510, Railroad Rolling Stock Manufacturing, with a small business size standard of 1,000 employees. This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2005-101.

The U.S. Department of Transportation, Volpe National Transportation Systems Center (Volpe Center), Cambridge, MA, 02142, is seeking to acquire up to 15 new and/or refurbished 50-foot standard railway boxcars with wood floors and wood lined steel walls with a minimum load capacity of 70-tons and have at least 20 years of service life remaining according to Association of American Railroads (AAR). The gross load on rail shall not exceed 263,000 pounds or 65,750 pounds per axle.

All boxcars deliveries shall be FOB DESTINATION and therefore Offerors must consider any shipping costs in the CLIN price. All boxcar deliveries shall be within 210 days after award though a shorter delivery time is acceptable. It is noted upon delivery/acceptance for each railway boxcar the commercial warranty will begin, which will extend the order period accordingly. It is assumed with the warranty period and the performance period of this order may be up to 18.5 months (1-1/2 years). The Government intends to award one or more Firm-Fixed-Price Purchase Order(s) as a result of this solicitation, however, reserves the right to award no contract depending on the quality of quotations.

The Government is NOT offering commercial contract financing terms IAW FAR Subpart 32.2 for this acquisition.

The objective of the Government in this acquisition is to purchase the greatest quantity of technically acceptable railway boxcars within the fixed budget allotted to this procurement. The Government estimates the fixed budget may allow for the purchase of up to 15 reconditioned/refurbished railway boxcars. To achieve its stated objective, the Government may award one or more contracts and it may purchase all boxcars from a single offer submitted to the Government, or it may only make an award on any item for a quantity less than the quantity offer. For example, to achieve its stated objective, the Government may purchase 8 of 15 boxcars offered by Vendor A and 7 of 7 boxcars offered by Vendor B if this combination provides the Government with the lowest price for up to 15 boxcars without exceeding their fixed budget.

Accordingly, Offerors are encouraged to offer the best price for the largest number of remanufactured/reconditioned railway boxcars and to amortize and/or allocate any reconditioning, remanufacturing or other costs associated with procurement. The Government will also consider, in addition to the priced amounts filled in for CLINS 0101-0115 any package deal(s) proposed by Offerors for the acquisition of multiple boxcars; i.e., a discount for purchase of 5 or more railway boxcars.

Quotations shall include technical information and pricing in a written quotation per FAR clause 52.212- 1, Instructions to Offerors – Commercial Items, and its addenda in this solicitation.

Contract Line Items(CLINs)

Supplies/Services QTY Unit Total Price

Up to Fifteen (15) railway boxcars including delivery in accordance with the statement of work. Delivery of railway boxcars to McAlester Army Ammunition Plant (MCAAP) facility in McAlester, Oklahoma.

None Not separately priced.

0101 Railway boxcar #1 1 ea

0102 Railway Boxcar #2

0103 Railway Boxcar #3

0104 Railway Boxcar #4

0105 Railway Boxcar #5

0106 Railway Boxcar #6

0107 Railway Boxcar #7

0108 Railway Boxcar #8

0109 Railway Boxcar #9

0110 Railway Boxcar #10

0111 Railway Boxcar #11

0112 Railway Boxcar #12

0113 Railway Boxcar #13

0114 Railway Boxcar #14

0115 Railway Boxcar #15

Total Proposed Price(CLINS 101-115)

1.0 Statement of Work

1.1 General

The contractor shall provide a quantity of up to 15 fifty-foot standard railway boxcars with a load capacity of 70-tons in support of the U.S. Army’s Rail Modernization Program. Boxcars shall be mechanical designation XM and car type B314 or equal and the gross load on rail shall not exceed 263,000 pounds or 65,750 pounds per axle. The boxcars can be new build or refurbished but must have at least 20 years remaining service life and meet or exceed Association of American Railroads (AAR) standards and the requirements of this specification. All boxcars shall be delivered to the McAlester Army Ammunition Plant facility located in McAlester, Oklahoma.

1.2 Sustainability

To the maximum extent possible and consistent with FAR Part 23 and during the performance of the work under this Statement of work, the Government requires the Contractor to provide or use products that are energy efficient (ENERGY STAR® or Federal Energy Management Agency Program-designated), water-efficient, biobased, environmentally preferable (e.g., EPEAT-registered or non-toxic or less toxic alternatives), non-ozone depleting, or made with recovered materials. Unless otherwise identified in this statement of work, each recovered materials or biobased product provided and delivered must meet, but may exceed, the minimum recovered materials or biobased content of an Environmental Protection Agency (EPA)-designated or US Department of Agriculture-designated product. These sustainable acquisition requirements apply only to products that are required to be (1) delivered to the Government during contract performance; (2) acquired by the Contractor for use in performing services (including construction) at a Federally-controlled facility; (3) furnished by the Contractor for use by the Government; or (4) specified in the design of a building or work or incorporated during its construction, renovation, or maintenance.

1.3 Documents of reference and compliance

Reference Documents The railroad boxcars must satisfy all of the following documents in effect at the time of this solicitation:

• Association of American Railroads (AAR) Manual of Standards and Recommended Practices

• AAR Interchange Rules

• The Official Railway Equipment Register

• Code of Federal Regulations (CFR) 49, Transportation

• AAR Rules Governing Closed Car/Trailer/Container Freight Loading Methods o Part 1, Minimum Loading Standards for Freight in General Purpose Boxcars.

• American Society for Testing and Materials (ASTM) A53

• American Welding Society (AWS) D15.1

• American Society of Mechanical Engineers (ASME), Boiler and Pressure Code o Section IX, Welding Qualifications.

• American Iron and Steel Institute (AISI) Standards

1.4 Requirements

Dimensions:

• Gross Rail Load 263,000 pounds (65,750 pounds per axle)

• Wheel gauge, standard 56 ½ inch

• 70-ton capacity minimum

• Wood floors and wood lined steel walls (Standard industry nail-able solid wood oak floor boards of

2-1/4 inch thickness in sound condition and 1” thick plywood walls)

• Sliding doors: 10-ft wide, center located, both sides

• Conforms to AAR Plate-C dimensions

• Boxcars require at least 20 years remaining service life according to AAR

• The interior walls shall be smooth with recessed lading strap anchors

• Inside length no less than 50-ft.

• Inside height no less than 10-ft. 4-in.

• Inside width no less than 9-ft. 4-in.

• Wood floor, strength 50,000 pounds

• Height of floor from top of rail 46-in.

• Roller bearing axles

• AAR interchange compatible

Design/Engineering/Fabrication:

• The boxcars shall be manufactured from materials conforming to AAR and ASTM specifications.

• All boxcars must satisfy all AAR Interchange requirements at time of delivery.

• The boxcars shall be commercial standard 56-½ inch rail wheel gauge and shall meet or exceed AAR design specifications.

• Each boxcar shall be mounted on two new or refurbished 4-wheeled trucks.

• All boxcars offered shall be similar to each other by size, type, deck height, and tie-downs for closed boxcar loads.

• Prior to any work/re-work, the Government reserves the right to inspect and accept or reject boxcars planned for this procurement.

• All work/re-work shall be performed in an AAR qualified rail shop.

• The shop performing the fabrication and refurbishing shall provide a Quality Assurance Plan which identifies the process used to assure product quality as it relates to this effort.

Trucks:

• The trucks and truck components shall be suitable for a load capacity of 70 tons on four axles per boxcar. Trucks shall have manganese steel vertical liners. Refurbished trucks are acceptable.

• Wheels shall be new or refurbished, 36-inch diameter, heat-treated, curved plate, cast or wrought steel and appropriate for the truck capacity.

• Axles shall meet the requirements for 70 ton capacity boxcars

• The spring travel shall be in accordance with truck capacity and deck height desired.

• Each boxcar shall be equipped with AAR approved constant contact or constant contact/roller combination side-bearings adjusted to AAR specifications.

• Truck center bowl horizontal surface shall be lubricated with an AAR approved non-metallic liner.

Center bowl diameter to be sized for a load capacity of 70 tons per AAR.

Brakes:

• The control valve shall be ABDX or newer design approved for use by the AAR and shall incorporate a four-port receiver for an automated single-car test. High friction composition brake shoes shall be used in accordance with latest AAR requirements at time of this solicitation. The boxcar brake piping system shall consist of 1-1/4" extra heavy pipe conforming to ASTM A-53 schedule 80 or latest revision and shall meet the requirements of AAR. Boxcars shall pass testing as specified in AAR Standard S-486 Single Car Testing Device - Code of Tests for Freight Car equipment.

• Net air brake and hand brake force, as determined by a static brake test, shall conform to AAR standard S-401.

• The hand brake shall be mounted on the B end of the car and follow applicable AAR and FRA mounting standards”.

• Brake beams shall be of the unit type and brake head to reject cast iron shoes.

• Brake air reservoirs shall conform to AAR requirements.

• Boxcar brake cylinders having 12” total travel shall have travel of 7 1/2” +/-1/4” travel at acceptance. Automatic double acting slack adjusters shall be used.

• Chains used in the braking system shall be confined only to the handbrake linkage.

• Box Cars shall be equipped with AAR approved air brake hoses long enough to safely negotiate curves and coupler travel. The air hose and end arrangement shall be in accordance with AAR standards.

Payload Securement System

• The securement system for all boxcars shall follow the rules in the AAR Closed Box

Car/Trailer/Container Freight Loading Methods, Part 1 and its subparts.

• The securement system shall be comprised of lading strap holes 4-inches by 4-inches square and capable of containing the maximum allowable payload while undergoing impact tests in accordance with the AAR Rules Governing the Closed Car/Trailer/Container Freight Loading Methods without failure, damage or permanent deformation.

Draft Gears and Couplers

• Couplers shall be AAR approved Type-E or F bottom shelf design.

• Box Cars shall have manganese steel coupler carrier wear plates (no nonmetallic wear plates allowed). The uncoupling arrangement shall be such that an AAR-approved replacement coupling rod can be applied without modification to the car body or uncoupling device support brackets.

• Box Cars shall be equipped with end-of-car hydraulic valve cushioning devices as approved by AAR Specification M-921 B, Cushioning Devices for Freight Cars. The cushioning device shall have at least 15-inch travel.

• Knuckles shall be of reduced slack design. Articulated connectors shall be of cast steel incorporating parts to take up slack; the design shall provide for the compensation of wear on mating parts in order to maintain a slack-free condition.

Grab Irons and Safety Appliances Grab Irons shall be constructed from ¾ inch rod with forged ends. Sill steps shall be manufactured from flat steel bar material 4-inches wide and ½ inch thick. All safety appliances shall conform to FRA and AAR requirements. Sill steps shall have anti-skid coating applied to footing surfaces.

Painting and Stenciling

• Contractor shall follow AAR Requirements for surfaces that are not to be painted. Ferrous metal surfaces to be painted shall be cleaned to bare metal by sandblasting, commercial grade grit blasting, or mechanical or chemical means. Surfaces to be painted shall be coated with a primer pretreatment coating within 24 hours prior to the application of the primer. Ferrous surfaces requiring finish painting shall be primed with one coat of rust inhibiting high build urethane or equal, dry film thickness to be in accordance with the paint manufacturer's instructions. All surfaces to be painted which will be inaccessible after assembly shall have primer applied before assembly, except in weld area. Finish coat paint shall be two coats of hi build urethane or equal, dry film minimum thickness of each coat to be 1.2 +0.6 -0.0 mils, or in accordance with the paint manufacturer's instructions. The paint system total VOC shall be less than 3.5lbs/gal.

• Trucks shall be fog painted with a 0.5-mil maximum dry film thickness application of black enamel.

The paint coating shall not prevent detection of flaws or cracks in ordinary inspections. In the event pre-painted trucks are supplied, the paint shall be applied in accordance with the paint manufacturer's standards. All painting must meet Federal, State, and local compliance and permitting for painting processes.

Paint Specifications

• Paint Specifications for boxcars, shall conform to AAR Standard M-1001 Section C, Part II, Section 5.2

• Paint classification shall be Urethane or equal and follow the Federal Color Standard: 595B -White # 17925 -Black # 17038 -Yellow # 13538 -Red # 11105

• Primer shall be urethane compatible

-Substrate: Primed Steel -Pre-treatment: Sandblasted -Compliance Status: 3.5 lb./gal volatile organic compound (VOC) mixed (maximum)

• Application to Boxcars -Carbody: Yellow

-Doors: Red -Underframe and Trucks: Black (fog coat only) -Stenciling: Red (United States Army)

• Reflective surfaces applied to A and B ends and on both sides extending from the ends at least 8-feet towards the center.

• A consolidated stencil with appropriate brake maintenance information shall be attached to the boxcars.

• Paint thickness: 4-mil minimum dry thickness combined system of primer and top coat.

• Grab irons, uncoupling levers, and sill steps shall be painted yellow. Only component supplier will paint telescoping portions of uncoupling lever.

• Stenciling and markings shall be done with AAR approved contrasting-color materials. White paint stenciling must be of a consistency to cover black background thoroughly and provide a sharp contrast that will remain legible for a minimum period of 96 months. Stenciling on each end of car shall be done with black paint and will include but not be limited to identification of couplers, wheels, end-of-car cushioning, springs and snubbers. "JACK HERE" and "LIFT HERE' stencils shall be applied at the appropriate places. Reporting Mark identification information (USN---) will be provided at a later date. Additional markings including loading and weight dimensions (LT WT and LD LMT) shall be in accordance with AAR Section L– Lettering and Marking of Cars, as applicable.

Adhesive backed film markings must be applied at surface temperatures between 40 and 100 degrees Fahrenheit.

Quality Control

• refurbishing/remanufacturing of boxcars shall be performed on boxcars whose as-built workmanship and construction is in accordance with AAR Section C, part II, volume 1-Specifications for Design, Fabrication, and Construction of Freight Cars, M-1001. The cars shall be remanufactured/refurbished in a substantial and workmanlike manner, according to the true intent of this specification. Structural members shall be free of notch sensitive areas and discontinuities that could result in highly localized stress concentrations.

• Welding shall be in accordance with AWS D15.1 and AAR section C, part II, volume 1 - Specifications for Design, Fabrication, and Construction of Freight Cars, M-1001. The surface of parts to be welded shall be free from rust, scale, paint, grease, and mill scale or other foreign matter that can be removed by chipping and wire brushing. Spot, tack, or intermittent welds for strength will not be permitted. Weld penetration shall be such as to provide transference of maximum design stress through the base metal juncture. Fillet welds shall be provided to reduce stress concentration.

• Unless otherwise specified in the contract or purchase order, the contractor is responsible for the performance of all inspection requirements (examinations and tests) as specified herein. Except as otherwise specified, the contractor may use his own or any other facilities suitable for the performance of the inspection requirements specified herein, unless disapproved by the Government. The Government reserves the right to witness any of the inspections set forth in the specification where such inspections are deemed necessary to ensure supplies and service conform to prescribed requirements.

• The contractor is responsible for ensuring that components and materials used are manufactured, examined and tested in accordance with referenced specifications and standards or for providing evidence that AAR has previously approved the components. Standard commercial warranty shall apply.

Drawings and Documentation The following shall be submitted to the contracting officer NLT 160 days after contract award.

• Parts/Service Manual

The railway boxcar parts/service manual shall be designed to provide quick access to information for the experienced and novice user. The parts/service manual will provide parts pages and component illustration pages and shall provide a description for all mechanical assemblies and all special tools required to perform repairs if failure occurs. Safety will be announced when describing procedures that have the capability to cause damage to equipment or harm personnel. This description shall describe and illustrate the assembly and/or subassemblies contained in all main assemblies. The subassemblies will be illustrated in exploded view style and the breakout of parts will be cross-referenced by item number to provide identification by name and part number and quantity required. The part number is the manufacturer's number for the component. The manual will also contain a description and part number for special tools required for the removal/replacement of assemblies and sub-assemblies. Manual quantities are described in the following Sections.

• Operator's Procedure Manual The Contractor shall supply a stand-alone Operator's Procedure Manual. The Railway Boxcar Operator's Procedure Manual will contain a step-by-step process to operate all systems and assemblies. This shall include all safety warnings and safety related operations. Manual quantities are described in the following sections.

• Documentation package to be submitted consist of two hard copies and two electronic copies of the following:

a. Component (part) identification

b. Maintenance Manual (including troubleshooting guide)

c. Operator's Procedure Manual (described above)

d. Parts/Service Manual (described above)

e. Identification and results of all certifications, tests, repairs and inspections

(Note: all electronically formatted documentation shall be compatible with Adobe Acrobat Reader and have the ability to be electronically reproduced for Government use.)

Inspection Procedure Inspection Each car shall be examined for, but not limited to, the following characteristics:

- AAR Certification from fabrication shop performing the work.

- Boxcar dimensions as specified.

- Materials resistant to corrosion and deterioration, or treated to be resistant to corrosion and deterioration in the applicable storage and operating environments.

- Contractor has documentation available for identification of materials, material finishes, or treatment.

- Load limit for car design not to exceed 263,000 pounds gross rail load (GRL)

- Safety appliances as required per AAR.

- Painting and markings.

- Design and construction in accordance with AAR/FRA requirements.

- Brake equipment as specified.

Tests

• Any tests required by AAR shall be in accordance with AAR specifications, and as specified herein.

No specific order of testing is required. All tests listed below will be conducted at the contractor’s designated location.

• The entire air brake system shall be tested to ensure correct functioning of all components. The car shall be tested with a single car-testing device in accordance with AAR Standard S-486 Single Car Testing Device - Code of Tests for Freight Car Equipment. The brake cylinder piston travel shall be as specified in S-400, Specification No.2518 Freight Car Brake Equipment, and Installation Specifications and shall be tested for interference and correct travel. Nonconformance to AAR requirements shall constitute failure of this test. A Braking force test in accordance with AAR requirements shall be conducted to determine brake shoe pressure at each wheel.

Nonconformance to 3.13.1 shall constitute failure of this test.

• The hand brake shall be tested in accordance with AAR requirements to determine the brake shoe pressure at each wheel. Nonconformance shall constitute failure of this test.

• The side bearings shall be tested with the car on level tangent track and the car body level. Side bearing clearances shall be measured at each bearing. Nonconformance to manufacturer's, AAR or CFR Title 49 clearance limits shall constitute failure of this test.

1.5 Delivery Requirements

Delivery of cars to destination shall be by railroad no later than 210 days after award. Each car shall be prepared for delivery in accordance with AAR requirements for Interchange Service. The Volpe Center Technical Representative will supply car numbers within 90 days after award. The contractor will be responsible for registering the cars in the AAR UMLER (Universal Machine Language Equipment Register) files.

Acceptance of boxcars will be at the final destination at the McAlester Army Ammunition Plant (MCAAP) facility in McAlester, Oklahoma. Acceptance will require inspection for carrier damage at the destination prior to any payment to the contractor.

1.6 PERIOD OF PERFORMANCE

The period of performance of this contract shall be from 18.5 months after contract award, period of performance date inclusive of commercial warranty, at least 12 months.

1.7 GOVERNMENT REVIEW AND ACCEPTANCE

Technical inspection and acceptance of the boxcars delivered under this order shall be performed at the location at the McAlester Army Ammunition Plant facility in McAlester, Oklahoma.

The contract shall also designate the individual responsible for inspection and acceptance, as well as the basis for acceptance. Contract deliverable items rejected shall be corrected in accordance with the applicable clauses. Unless otherwise stated in the contract, the Government requires a period not to exceed thirty (30) calendar days after receipt of the final deliverable item(s) for inspection and acceptance or rejection. Final acceptance rests with the Contracting Officer or designee.

The Government has the right to inspect all supplies required by this contract, to the extent practicable, at any and all places and times and in all circumstances or event before acceptance.

2.0 CONTRACT ADMINISTRATION DATA

2.1 Transportation Acquisition Regulation Clause 1252.242-73 CONTRACTING OFFICER’S

TECHNICAL REPRESENTATIVE OCT 1994

(a) The Contracting Officer may designate Government personnel to act as the Contracting Officer's Technical Representative (COTR) to perform functions under the contract such as review and/or inspection and acceptance of supplies, services, including construction, and other functions of a technical nature. The Contracting Officer will provide a written notice of such designation to the Contractor within five working days after contract award or for construction, not less than five working days prior to giving the contractor the notice to proceed. The designation letter will set forth the authorities and limitations of the COTR under the contract.

(b) The Contracting Officer cannot authorize the COTR or any other representative to sign documents (i.e., contracts, contract modifications, etc.) that require the signature of the Contracting Officer.

(End of clause)

2.2 CONTRACT ADMINISTRATION RESPONSIBILITIES

Contracting Officer (CO): The CO has the overall responsibility for this contract. The CO alone, without delegation, is authorized to take actions on behalf of the Government to amend, modify, or deviate from the contract terms, conditions, requirements, specifications, details and/or delivery schedules.

However, the CO may delegate certain other responsibilities to his/her authorized representatives. The Contracting Officer is:

Rachelle D. Faiteau 617-494-3552 rachelle.faiteau@dot.gov U.S. Department of Transportation The Volpe Center (V-222) 55 Broadway Cambridge, MA 02142-1001

Contracting Officer's Representative (COR): A COR will be designated by the CO for this contract. The responsibilities of the COR include but are not limited to: inspecting and monitoring the Contractor's work; determining the adequacy of performance by the Contractor in accordance with the terms and conditions of this contract; acting as the Government's representative in charge of work at the site to ensure compliance with contract requirements in so far as the work is concerned; and advising the CO of any factors which may cause delay in performance of the work. The COR does not have the authority to make new assignments of work or to issue directions that cause an increase or decrease in the price of this contract or otherwise affect any other contract terms. The COR will be responsible for the duties defined in paragraph 2.1 clause 1252.242-7 CONTRACTING OFFICER’S TECHNICAL REPRESENTATIVE. The COR is:

Christopher Murray U.S. Department Of Transportation (US DOT) John A. Volpe National Transportation Systems Center Infrastructure Engineering and Deployment Division, V-335 55 Broadway, Kendall Square Cambridge, MA 02142 Email: Chris.Murray@dot.gov Office: 617-494-2524 Cell: 617-512-7193

2.3 PAYMENT

All invoices, including supporting documentation, are to be submitted electronically (e.g. PDF format) via email to volpeinvoices@faa.gov (all lower case). The CO, and COR shall be copied or forwarded a copy of the e-mail. A cover email must accompany each invoice and provide the applicable information in the fields listed below:

Invoice Date:

Supplier Name:

Invoice Amount:

Invoice Number:

Contract No. /CLIN No.:

Terms/Discount:

Performance Period:

Notes:

The Contractor shall only submit invoices once a month. The Government may at its sole discretion arrange for a Contractor to review invoices and supporting data submitted for payment under the provisions of this contract. The Contractor reviewing invoices and supporting data will perform this mailto:rachelle.faiteau@dot.gov mailto:volpeinvoices@faa.gov function in accordance with contract provisions which prohibit disclosure of proprietary financial data or use of such data for any purpose other than to perform accounts payable services.

2.4 PERFORMANCE EVALUATIONS

In accordance with FAR Subpart 42.15; Contractor Performance Information, the Government shall prepare evaluations of contractor performance for contracts that exceed $250,000. Performance evaluations will be accomplished at the completion of the base year and at the completion of each exercised option period. The Government uses the Contractor Performance Assessment Reporting System (CPARS) as the primary method to complete evaluations (www.cpars.gov). Completed past performance evaluations may be accessed in the Past Performance Information Retrieval System (PPIRS) at www.ppirs.gov.

The Contractor is required to register in CPARS and shall have 14 calendar days in which to respond to Government comments. The Government will consider any comments provided by the Contractor before finalizing a past performance evaluation and will attach the Contractor’s comments to the final report.

3.0 SPECIAL CONTRACT REQUIREMENTS

3.1 NON-PERSONAL SERVICES (SEP 2009)

No personal services as defined in Part 37 of the FAR shall be performed under this contract. No contractor employee will be directly supervised by the Government. All individual employee assignments and daily work direction shall be given by the contractor’s supervisor. If the contractor believes any Government action or communication has been given that would create a personal services relationship between the Government and any contractor employee, the contractor shall promptly notify the Contracting Officer of this communication or action.

The Contractor shall not perform any inherently governmental functions under this contract. No contractor employee shall hold him or herself out to be a Government employee, agent, or representative. In all communications with third parties in connection with this contract, contractor employees shall identify themselves as contractor employees and specify the name of the company for which they work. In all communication with other government contractors in connection with this contract, the contractor employees shall state that they have no authority to in any way change the contract and that if the other contractor believes this communication to be a direction to change their contract, they should notify the Contracting Officer for that contract and not carry out the direction until a clarification has been issued by the Contracting Officer.

The Contractor shall ensure that all of its employees working on this contract are informed of the substance of this clause. Nothing in this clause shall limit the Government’s rights in any way under any other provision of the contract, including those related to the Government’s right to inspect and accept the services to be performed under this contract. The substance of this clause shall be included in all subcontracts at any tier.

3.2 SALES TAX EXEMPTION (SEP 2009)

The Volpe Center, as part of the Department of Transportation, an agency of the United States, is an http://www.ppirs.gov/ exempt purchaser. Accordingly, all purchases of personal property by this organization are exempt from state and local taxation.

The Contractor will be provided with tax exemption certificates for the purpose of obtaining an exemption under this procurement for purchases under this procurement. Notwithstanding the terms of the Federal, State, and Local Taxes clause, the Contractor shall state separately on its vouchers the amount of state sales tax and the Government agrees to either pay the amount of the tax to the Contractor or, where the amount of the tax exceeds $250.00, to provide evidence necessary to sustain the exemption.

PART II – CONTRACT CLAUSES

FAR 52.252-2, Clauses Incorporated by Reference (IBR) (FEB 1998)

This contract incorporates one or more clauses, by reference, with the same force and effect as if they were given in full text. Upon request, the CO will make their full text available. Also the full text of a clause may be accessed electronically at these addresses:

FAR: http://www.acquistion.gov/far TAR: http://www.dot.gov/ost/m60/tamtar/tar.htm TAM: http://www.dot.gov/ost/m60/earl/tamcomplete.htm

The following Federal Acquisition Regulation (FAR) clauses are incorporated by reference:

52.202-1 Definitions NOV 2013

52.203-12 Limitation on Payments to Influence Certain Federal OCT 2010 Transactions

52.203-17 Contractor Employee Whistleblower Rights and Requirement APR 2014 To Inform Employees of Whistleblower Rights

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber MAY 2011

Content Paper

52.204-13 System for Award Management Maintenance OCT 2018

52.204-19 Incorporation by Reference of Representations and DEC 2014 Certifications

52.212-4 Contract Terms and Conditions--Commercial Items OCT 2018

52.216-24 Limitation of Government Liability APR 1984

52.223-2 Affirmative Procurement of Bio-based Products under Service SEP 2013 and Construction Contracts

52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011

52.223-10 Waste Reduction Program MAY 2011

52.223-18 Encouraging Contractor Policies to Ban Text AUG 2011

Messaging While Driving http://www.acquistion.gov/far http://www.dot.gov/ost/m60/tamtar/tar.htm http://www.dot.gov/ost/m60/earl/tamcomplete.htm

52.225-13 Restrictions on Certain Foreign Purchases JUN 2008

52.229-3 Federal, State, and Local Taxes FEB 2013

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013

52.232-40 Providing Accelerated Payments to Small Business DEC 2013 Subcontractors

52.233-2 Service of Protest SEP 2006 Fillin: Rachelle D. Faiteau

52.233-3 Protest after Award AUG 1996

52.233-4 Applicable Law for Breach of Contract Claim OCT 2004

52.244-6 Subcontracts for Commercial Items JAN 2017

52.236-3 Site Investigation and Conditions Affecting the Work APR 1984

The following FAR clauses are provided in full text:

52.212-5 Contract Terms and Conditions Required to Implement OCT 2018 Statutes or Executive Orders – Commercial Items

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)). (2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

(4) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(5) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 108- 78 (19 U.S.C. 3805 note)). (b) The Contractor shall comply with the FAR clauses in this paragraph

(b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

__X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009).

__X_ (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Oct 2016) (Pub. L. 109-282) (31 U.S.C. 6101 note).

___ (5) [Reserved]

___ (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).

___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).

__X_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) (31 U.S.C. 6101 note).

__x_ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313). (mark if offeror checks “has” in paragraph (b) of 52.209-7)

___ (10) [Reserved]

___ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C.

657a).

___ (ii) Alternate I (Nov 2011) of 52.219-3.

_x__ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

___ (ii) Alternate I (Jan 2011) of 52.219-4.

___ (13) [Reserved]

___ (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644).

___ (ii) Alternate I (Nov 2011).

___ (iii) Alternate II (Nov 2011).

___ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

___ (ii) Alternate I (Oct 1995) of 52.219-7.

___ (iii) Alternate II (Mar 2004) of 52.219-7.

__X_ (16) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)).

_x__ (17) (i) 52.219-9, Small Business Subcontracting Plan (Aug 2018) (15 U.S.C. 637 (d)(4)).

___ (ii) Alternate I (NOV 2016) of 52.219-9.

___ (iii) Alternate II (NOV 2016) of 52.219-9.

___ (iv) Alternate III (Aug 2018) of 52.219-9.

___ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

__X_ (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).

_x__ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C.

637(d)(4)(F)(i)).

___ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657f).

__X_ (22) 52.219-28, Post Award Small Business Program Representation (Jul 2013) (15 U.S.C.

632(a)(2)).

___ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

___ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).

__X_ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

__X_ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2018) (E.O.

13126).

__X_ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

__X_ (28) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

___ (ii) Alternate I (Feb 1999) of 52.222-26.

__X_ (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

___ (ii) Alternate I (July 2014) of 52.222-35.

__X_ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

__X_ (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

__X_ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

__X_ (33) (i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

___ (ii) Alternate I (Mar 2015) of 52.222-50, (22 U.S.C. chapter 78 and E.O. 13627).

___ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

__ (35) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__(ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O.13693).

___ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

___ (38) (i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514

___ (ii) Alternate I (Oct 2015) of 52.223-13.

___ (39) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s 13423 and 13514).

___ (ii) Alternate I (Jun 2014) of 52.223-14.

___ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C.

8259b).

___ (41) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

___ (ii) Alternate I (Jun 2014) of 52.223-16.

__X_ (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513).

__X_ (43) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

___ (44) 52.223-21, Foams (Jun 2016) (E.O. 13696).

___(45) (i) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

___ (ii) Alternate I (Jan 2017) of 52.224-3

__X_ (46) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

___ (47) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43).

___ (ii) Alternate I (May 2014) of 52.225-3.

___ (iii) Alternate II (May 2014) of 52.225-3.

___ (iv) Alternate III (May 2014) of 52.225-3.

___ (48) 52.225-5, Trade Agreements (Feb 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

__X_ (49) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

___ (50) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

___ (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

___ (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

___ (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C.

4505), 10 U.S.C. 2307(f)).

___ (54) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

_x__ (55) 52.232-33, Payment by Electronic Funds Transfer— System for Award Management

(OCT 2018) (31 U.S.C. 3332).

___ (56) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332).

___ (57) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

___ (58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

___ (59) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(12)).

___ (60) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).

___ (ii) Alternate I (Apr 2003) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

___ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495)

___ (2) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67.).

___ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

___ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C.206 and 41 U.S.C.

chapter 67).

___ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

___ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67).

___ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67).

___ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658).

___ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792).

___ (10) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C. 5112(p)(1)).

(d) Comptroller General Examination of Record The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)

(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C.

3509).

(ii) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.

(iv) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(v) 52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246).

(vi) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

(vii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C.

793).

(viii) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

(ix) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(x) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67).

(xi) ____ (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

___ (B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O. 13627).

(xii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67.)

(xiii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67)

(xiv) 52.222-54, Employment Eligibility Verification (Oct 2015) (E. O. 12989).

(xv) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

(xvi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xvii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xviii) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of Clause)

52.217-7 OPTION FOR INCREASED QUANTITY – SEPARATELY PRICED LINE ITEM…