6913G623Q300067_0001.pdf
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- Manufacture and Delivery of Quantity of 22 Railway Boxcars: U. S. Naval Weapons Station Earle, NJ
- Solicitation number
- 6913G623Q300067
About this file
This document is a solicitation for the manufacture and delivery of 22 railway boxcars to the U.S. Naval Weapons Station Earle in New Jersey. The Department of Transportation is seeking 50-foot double-door boxcars with wood floors and a minimum load capacity of 80 tons. Boxcars must be delivered by June 30, 2025 and meet Association of American Railroads standards and Federal regulations. Quotes are due by October 13, 2023 and must include technical specifications, warranties, certifications, past performance examples, and pricing. The award will be a firm-fixed price contract for one responsible bidder offering the best value based on price and technical acceptability. The solicitation also includes responses to questions from potential bidders regarding quantities, payments, dimensions, and previous contracts.
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(x)
6913G623Q300067 x x
1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted ; or (c) By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGEMENT TO BE
RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR
OFFER. If by virtue of this amendment you desire to change an offer already submitted , such change may be made by letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.
x
6913G6
Cambridge MA 02142-1001 55 Broadway
VOLPE NAT'L TRANSPORTATION SYS CNTR
See Schedule09/15/2023
13. THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTS/ORDERS. IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.
12. ACCOUNTING AND APPROPRIATION DATA (If required) is not extended.is extended, Items 8 and 15, and returning
Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended , by one of the following methods: (a) By completing
The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers
11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS
FACILITY CODE CODE
10B. DATED (SEE ITEM 13)
10A. MODIFICATION OF CONTRACT/ORDER NO.
9B. DATED (SEE ITEM 11)
9A. AMENDMENT OF SOLICITATION NO.
CODE
8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code)
7. ADMINISTERED BY (If other than Item 6)CODE 6. ISSUED BY
PAGE OF PAGES
4. REQUISITION/PURCHASE REQ. NO.3. EFFECTIVE DATE2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO. (If applicable)
1. CONTRACT ID CODE
AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT
09/15/2023
CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT
B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:
D. OTHER (Specify type of modification and authority) appropriation data, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).
E. IMPORTANT: Contractor is not is required to sign this document and return __________________ copies to the issuing office.
ORDER NO. IN ITEM 10A.
14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)
The purpose of this Amendment A0001 will provide:
1. Corrections in SF 1449 and Continuing Pages of this Request for Quotation: (RFQ)
a. SF 1449 Field 8. OFFER DUE DATE/LOCAL TIME is now extended to (Friday,) 10/13/2023 at 1500 ET;
b. Continuing Pages updates to the following sections:
1.3 Order of Precedence: see Page 5 of 36;
2.3 PAYMENT: see Page 16 of 36;
FAR 52.233-2: see Page 19 of 36;
Quotation Delivery: only email: Rachelle.faiteau@dot.gov: see Page 33 of 36;
AND
2. Attachment 1 The Agency's Responses to questions received during the Questions Period, Continued ...
16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)15A. NAME AND TITLE OF SIGNER (Type or print)
15C. DATE SIGNED 16B. UNITED STATES OF AMERICA 15B. CONTRACTOR/OFFEROR 16C. DATE SIGNED
(Signature of person authorized to sign) (Signature of Contracting Officer)
ELIZABETH MCDANNELL
STANDARD FORM 30 (REV. 11/2016)
Prescribed by GSA FAR (48 CFR) 53.243
Previous edition unusable
Except as provided herein, all terms and conditions of the document referenced in Item 9 A or 10A, as heretofore changed, remains unchanged and in full force and effect .
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
NAME OF OFFEROR OR CONTRACTOR
2 36
CONTINUATION SHEET
PAGE OF
(A) (B) (C) (D) (E) (F)
REFERENCE NO. OF DOCUMENT BEING CONTINUED
6913G623Q300067_0001 which closed at 12:00PM EST on September 22, 2023. Attachment 1 is incorporated in this amendment: see Pages 35 and 36 of 36.
No other changes have been made to this RFQ.
Delivery: 06/30/2025
Delivery Location Code: VOLPE
Naval Weapons Station Earle
NMCLANT DET EARLE
201 Highway South
BLDG C-9 NWS Earle
Colts Neck NJ 07722-5017 US
00100 50-foot Railway Boxcars: quantity of twenty-two railway boxcars sized and configured for use with in and around the railroad network at Naval
Weapons Station (NWS) Earle, located in New
Jersey. See attached Statement of Work.
Quantity: 22 Unit of Issue: EA
Requisition No: V3352243
NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)
Sponsored by GSA
FAR (48 CFR) 53.110
AMENDMENT to Request for Quotation No. 6913G623Q300067_0001 Railway Boxcar for Naval Weapons Station (NWS) Earle, NJ
(Continuation of SF 1449, block 20, Schedule of Supplies/Services)
This solicitation is being conducted IAW FAR Part 13.5, Simplified Procedures for Certain Commercial Products and Commercial Services. This acquisition will be competed as a total Small Business Set-Aside (SB SA) to all qualified quoters and the Government intends to award of a Firm-Fixed-Price purchase order. The applicable North American Industry Classification System (NAICS) Code is 336510, Railroad Rolling Stock Manufacturing, with a small business size standard of 1,500 employees. This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular
(FAC) 2023-01.
The U.S. Department of Transportation, John A. Volpe National Transportation Systems Center (Volpe Center), Cambridge, MA, has a requirement for quantity of twenty-two (22) 50-foot double-door damage free (DF –Type) railway boxcars with wood floors and belt rail equipped, with a load capacity of no less than 80-tons and a service life of 40-years or newer according to AAR when manufactured new. The design shall be based on a gross rail load (GRL) of 263,000 pounds. All boxcars shall be delivered to U.S. Naval Weapons Station Earle, Colts Neck, New Jersey.
The Government intends to award a single Firm-Fixed-Price Purchase Order as a result of this solicitation, however, reserves the right to make no awards depending on the quality of quotations. The Government is NOT offering commercial contract financing terms IAW FAR Subpart 32.2 for this acquisition. An award will be made to the responsible quoter whose quote, in conforming to this solicitation, represents the best value, price and other factors considered. Quotations shall include both technical information and pricing in accordance with FAR Clause 52.212-1, Instructions to Offerors – Commercial Products and Commercial Services, and its addenda in this solicitation.
Statement of Work
CONTENTS
1. GENERAL
1.2. REFERENCE DOCUMENTS
1.3. ORDER OF PRECEDENCE
2. 50-FOOT DAMAGE FREE (DF-TYPE) BOXCARS
2.1. DIMENSIONS and LIMITS
2.2. DESIGN/ENGINEERING/FABRICATION
2.3. PERIOD OF PERFORMANCE
2.4. DELIVERY REQUIREMENTS
2.5. DOORS
2.6. TRUCKS
2.7. BRAKES
2.8. MECHANICAL DUNNAGE SYSTEM
2.10. DRAFT GEARS AND COUPLERS
2.11. PAINTING AND STENCILING
2.11.1. PAINT SPECIFICATIONS
2.12. QUALITY CONTROL
2.13. DRAWINGS AND DOCUMENTATION
2.13.1. Parts/Service Manual
2.13.2. Operator's Procedure Manual
2.13.3. Documentation Package
2.14. INSPECTION PROCEDURE
2.14.1. Inspection
2.14.2. Tests
1. GENERAL
The contractor shall provide the following items:
1.The contractor shall provide a quantity of twenty-two (22) 50-foot double-door damage free (DF –Type) railway boxcars with wood floors and belt rail equipped, with a load capacity of no less than 80-tons and a service life of 40-years or newer according to AAR when manufactured new. The design shall be based on a gross rail load (GRL) of 263,000 pounds. All boxcars shall be delivered to U.S. Naval Weapons Station Earle, Colts Neck, New Jersey.
1.2.REFERENCE DOCUMENTS
The railroad boxcars must satisfy all the following documents in effect at the time of this procurement:
1. Association of American Railroads (AAR) Manual of Standards and Recommended Practices
2. AAR Interchange Rules
3. The Official Railway Equipment Register
4. Code of Federal Regulations (CFR) 49, Transportation
5. American Society for Testing and Materials (ASTM) A53
6. American Welding Society (AWS) D15.1
7. American Society of Mechanical Engineers (ASME), Boiler and Pressure Code Section IX, Welding Qualifications.
8. American Iron and Steel Institute (AISI) Standards
9. MIL-STD-1320D
10. NAVSEA SW023-AK-SAF-010
11. Existing Crossmember Exhibits (1) through (4) Attachment-1
1.3. ORDER OF PRECEDENCE
In the event of a conflict between the text of this SOW and the references cited herein, the text of this SOW takes precedence. Nothing in this SOW, however, supersedes applicable laws and regulations unless a specific exemption has been obtained.
2. 50-FOOT DAMAGE FREE (DF-TYPE) BOXCARS
All boxcars offered shall be newly manufactured or may have a remaining life of 40-years according to AAR interchange rules. This includes all dated components. The following specifications are applicable to the 50-foot boxcars.
2.1.DIMENSIONS and LIMITS
1. Length over end sills: 50’ - 9 ½“ (+/- 1 inch)
2. Length over pulling face of couplers (overall length nominal): 55’ - 5”
3. Extreme width: 9’ – 11” (119 inches)
4. Extreme height: 14’ – 3” (171 inches)
5. Deck (platform) Height (empty car, from top of rail): 3’ – 10” (46 inches)
6. Wheel/axle truck center pin to center pin distance: 40’ - 10”
7. Truck assembly axle to axle distance: 66 inches
8. Coupler Height: 2’ - 10 ½” (34.5 inches) from top of rail to the coupler.
9. Minimum Gross Rail Load: 263,000 pounds
10. Capacity requirement for new cars: 80 Ton (160,000 pounds)
11. Light Weight (LT WT): determined by design
12. AAR Mechanical Designation: XL
13. AAR Car Equipment Type Code: A330
14. Minimum coupled curve negotiation: 255 feet radius (23 degrees)
2.2.DESIGN/ENGINEERING/FABRICATION
1. The boxcars shall be manufactured from materials conforming to AAR and ASTM specifications.
2. All boxcars must satisfy all AAR Interchange requirements at time of delivery.
3. The boxcars shall be commercial standard 56-½ inch rail wheel gauge and shall meet or exceed AAR design specifications and Code of Federal Regulations, 49CFR Part 231 – Railroad Safety Appliance Standards).
4. The boxcar inside walls shall have thirty-two (32) anchor belt rails permanently attached.
See Belt Rail Section below. Wood wall lining fabricated from ¾-inch external commercial grade plywood on inside walls and between belt rails is required.
5. All boxcars offered shall be similar by size, type, deck height, doors, age, and volume.
6. Prior to any work/re-work, the Government reserves the right to inspect and accept or reject previously manufactured boxcars planned for this procurement.
7. All work to be accomplished for the deliverables associated with this work statement shall be performed by an AAR certified rail shop with these current active certificates: AAR M-1003 Quality Assurance certificate and AAR S-2034 Car Builder Certification.
8. The Quoter shall provide a Quality Assurance Plan which identifies the process used to assure product quality as it relates to this effort.
9. All boxcars shall be tested for water tightness and all leaks must be repaired prior to delivery.
2.3.PERIOD OF PERFORMANCE
All boxcars shall be delivered by June 30, 2025.
2.4.DELIVERY REQUIREMENTS
Delivery of boxcars to destination shall be by railroad. Each boxcar shall be prepared for delivery in accordance with AAR requirements for Interchange Service. The USN car ID Road Numbers will be provided at a later date.
Final acceptance of boxcars will be at U.S. Naval Weapons Station Earle, Colts Neck, New Jersey. Acceptance will require inspection for carrier damage and proper operating condition of doors and other functions at the destination prior to any payment to the contractor.
The delivery destination is Conrail Interchange, at Receiving Yard on board U.S. Naval Weapons Station Earle, Colts Neck, New Jersey.
Receiving Customer Address:
NMCLANT DET EARLE
201 Highway South BLDG C-9 NWS Earle
Colts Neck, NJ 07722-5017
2.5.DOORS
1. All boxcars shall have sliding doors centered on both sides of the superstructure.
2. The minimum door opening shall be 10’ – 2” (122 inches) but no more than 12’ (144 inches) maximum.
3. Closed doors shall repel water from entering the boxcar.
2.6.TRUCKS
1. Each boxcar superstructure shall be mounted on two 2-axle trucks.
2. The trucks and truck components shall be suitable for a gross rail load (GRL) of at least
263,000 pounds on four axles per boxcar. Trucks shall have manganese steel vertical liners.
3. Wheels shall be new or requalified, one-wear, 36-inch diameter, heat-treated, curved plate, cast or wrought steel and appropriate for the truck capacity. Requalified wheels may be provided only if the remaining thread thickness is at least 20/16 inch. Under any circumstances, wheels must satisfy acceptance inspection criteria at destination.
4. Axles and roller bearings for each boxcar shall be of appropriate size and capacity for each boxcar type and meet all AAR requirements.
5. The spring travel shall be in accordance with truck capacity and deck height desired.
6. Each car shall be equipped with AAR approved constant contact or constant contact/roller combination side-bearings adjusted to AAR specifications.
7. Truck center bowl horizontal surface shall be lubricated with an AAR approved non-metallic liner. Center bowl diameter to be appropriately sized for gross rail load of boxcar per AAR.
2.7.BRAKES
1. Air brakes, single capacity, providing constant braking force. 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.
2. The car brake piping system shall conform to ASTM A-53 schedule 80 or latest revision and shall meet the requirements of AAR and shall be installed in a location protected from accidental damage during side loading operations.
3. Boxcars shall pass testing as specified in AAR Standard S-486 Single Car Testing Device - Code of Tests for Freight Car equipment.
4. Net air brake and hand brake force, as determined by a static brake test, shall conform to AAR standard S-401.
5. The hand brake shall be end-mounted and comply with 49CFR 231.27.
6. Brake beams shall be of the unit type and brake head to reject cast iron shoes.
7. Brake air reservoirs shall conform to AAR requirements.
8. 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.
9. Chains used in the braking system shall be confined only to the handbrake linkage.
10. 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.
2.8.MECHANICAL DUNNAGE SYSTEM
1. DF System shall be comparable with MIL-STD-1320D and compatible with existing dunnage bars currently in use at U.S. Naval Weapons Station Earle.
2. The inside dimensions of the DF Type boxcar are: length, 50 feet 6 inches between end walls; width, 8 feet 11 inches between wall members; and height, 10 feet at the eaves. Each car contains, as standard equipment, thirty-two (32) horizontal permanently mounted steel rails along the length of the boxcar from the door opening to the end wall.
3. Each rail shall be one continuous length.
4. Height of each rail shall be 10, 24, 30, 36, 48, 60, 72, and 84 inches above finished floor height.
5. Rails shall accommodate crossmember bar adjustment in one (1) inch increments along the horizontal plain of each rail.
6. Existing crossmember is adjustable from 105 inches to 109 inches.
7. Note: Attachment-1: Reference 11 - photos of existing crossmember bars.
2.9. BOXCAR FLOORING
1. Flooring shall consist of 2 - 3/8 inch thick, 5 – 1/16 wide tongue and groove yellow pine or similar (not hardwood) that can be used for nailing and fastening blocking material and in conformance with AAR Manual of Standards and Recommended Practices, Section A, Part II, Specification M-907, Group IV. Wood decking material shall be applied to the steel subfloor by stud welding fasteners.
2. Floor Minimum Load Rating 50,000 pounds per square foot, (50K).
2.10. DRAFT GEARS AND COUPLERS
1. Couplers shall be AAR approved Type-E bottom shelf design.
2. 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.
3. Cars shall be equipped with mechanical draft gears offering 3.5 inches of travel. No end-of-car hydraulic valve cushioning devices are to be installed on the boxcars.
4. Knuckles shall be of reduced slack design.
2.11. PAINTING AND STENCILING
1. Contractor shall follow AAR Requirements for surfaces that are not to be painted.
2. Placards, four per railcar, permanently fixed as specified in NAVSEA SW023-AK-SAF-010 and 49 CFR part 172.510 (one on each A & B End, and one each side). No less than 13.5 inches square in size. Each placard shall have seven metal flip indicator signs on white background identifying the following: Explosive 1.1, Explosive 1.2, Explosive 1.3, Explosive 1.4, Dangerous, Empty, Inert (an example of the type is: Labelmaster Style 81SF-7).
2.11.1. PAINT SPECIFICATIONS
1. Paint Specifications shall conform to AAR Standard M-1001 Section C, Part II, Section 5.2, and current industry practices for Direct to Metal (DTM) 3 to 6 MIL Dry Film Thickness
(DFT).
2. Paint classification shall be Urethane or equal and follow the Federal Color Standard: 595B White # 27886 Black # 17038 Gray # 26270 Yellow # 13591
3. Primer shall be urethane compatible Substrate: Primed Steel Pre-treatment: Sandblasted
4. Application to Boxcars Car body: White Trucks: Fog coat only Ladders, handholds, steps, brake wheels and levers: Black Alkyd Enamel (TT-E-1 593 B or equivalent) Stenciling: Black “United States Navy” located on both sides of boxcar on one side of the sliding door and “USN (followed by Road Number that will be provided at a later date)” on both sides of car on the other side of the sliding door.
5. Reflective surfaces applied to A and B ends, and on both sides extending from the ends at least 8-feet towards the center.
6. A consolidated stencil with appropriate brake maintenance information shall be attached to the cars.
7. Grab irons and steps shall be painted yellow. Only component supplier will paint telescoping portions of uncoupling lever.
8. Anti-skid deck-covering compound shall be applied to the metal steel deck plate before painting. Decks made of wood or anti-skid material do not require anti-skid coating.
9. 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.
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.
10. In addition to AAR Reflectorization markings, there shall be twenty-eight (28) reflective markers (quantity of 14 red color and 14 amber color) attached to each boxcar with the following characteristics:
a) Have a minimum reflective diameter of 4-inches
b) Be of armored/protected type by enclosed in a steel or aluminum housing
c) Four markers to be install on each end of the boxcars and ten markers installed on each side of each boxcar superstructure (see reference pictures)
Pictures provided for reflective marker reference locations
2.12. QUALITY CONTROL
1. Structural members shall be free of notch sensitive areas and discontinuities that could result in highly localized stress concentrations.
2. 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.
3. 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.
4. 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.
2.13. DRAWINGS AND DOCUMENTATION
The boxcar design shall be provided with a Parts/Service Manual, Operator’s Procedure Manual, and Documentation Package. The following shall be submitted to the contracting officer upon delivery:
2.13.1. Parts/Service Manual
The 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.
2.13.2. Operator's Procedure Manual
The Contractor shall supply a stand-alone Operator's Procedure Manual. The 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.
2.13.3. Documentation Package
The documentation package to be submitted shall consist of two hard copies and two electronic copies of the following:
1. Component (part) identification
2. Maintenance Manual (including troubleshooting guide)
3. Operator's Procedure Manual (described above)
4. Parts/Service Manual (described above)
5. Identification and results of all certifications, tests, repairs and inspections
NOTE: All electronically formatted documentation shall be compatible with Adobe Acrobat Reader and can be electronically reproduced for Government use.
2.14. INSPECTION PROCEDURE
2.14.1. Inspection
Each boxcar shall be examined for, but not limited to, the following characteristics:
1. AAR M-1003 Certification for Activity Code A20 (Manufacturer of Freight Cars) and
AAR S-2034 Car Builder Certification from Vendor performing the boxcar construction.
2. Boxcars shall safely negotiate track curvature as specified.
3. All boxcar’s dimensions and paint as specified.
4. Materials resistant to corrosion and deterioration or treated to be resistant to corrosion and deterioration in the applicable storage and operating environments.
5. Contractor provides required manuals and documentation identifying materials, material finishes or treatment.
6. Load limit for car design not to exceed 263,000 pounds gross rail load (GRL)
7. Safety appliances as required per AAR.
8. Painting and markings.
9. Design and construction in accordance with AAR/FRA requirements.
10. Brake equipment as specified.
11. Wheels with unacceptable defects. In this situation, the car will not be acceptable until repaired.
2.14.2. Tests
1. 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.
2. The entire air brake system shall be tested to ensure correct functioning of all components.
The boxcar 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.
3. 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.
4. 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.
Attachment-1: Reference 11, Photos of existing crossmember bars.
Belt Rail
Belt Rail hole dimensions
End of technical specifications
Section 2.0 CONTRACT ADMINISTRATION DATA
2.1 CONTRACTING OFFICER’S REPRESENTATIVE Jan 2020
(a) The Contracting Officer may designate Government personnel to act as the Contracting Officer's Representative (COR) 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 COR under the contract.
(b) The Contracting Officer cannot authorize the COR or any other representative to sign documents (i.e., contracts, contract modifications, etc.) that require the signature of the Contracting Officer.
(End of clause)
CONTRACT ADMINISTRATION RESPONSIBILITIES
Contracting Officer (CO): The CO has the overall responsibility for this contract. The CO alone 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. The CO may delegate certain other responsibilities to his/her authorized representatives.
The Contracting Officer is:
Rachelle Faiteau 617-494-2136 rachelle.faiteau@dot.gov U.S. Department of Transportation (USDOT) John A. Volpe National Transportation Systems Center (The Volpe Center) The Office of Acquisitions, V-222 55 Broadway Cambridge, MA 02142
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 for this effort shall be:
Name and email: Provided at time of award USDOT/ The Volpe Center Infrastructure Engineering and Deployment Division, V-335 220 Binney Street Cambridge, MA 02142 mailto:rachelle.faiteau@dot.gov
2.3 PAYMENT
NOTE: Contractors are required to submit invoices or payment requests via the Delphi eInvoicing web-portal, which is accessed and authenticated via www.login.gov. For detailed instructions on how to submit invoices through the eInvoicing web-portal, follow the instructions included in the clause "Electronic submission of Payment Requests NOV 2020" included as an attachment to this delivery order.
Additionally, All invoices and required supporting documents shall be submitted in accordance with 1252.232-70 Electronic Submission of Payment Requests (NOV 2022)
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).
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.
Section 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 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.acquisition.gov/far TAR: http://www.dot.gov/ost/m60/tamtar/tar.htm
The following Federal Acquisition Regulation (FAR) clauses are incorporated by reference:
52.202-1 Definitions JUN 2020
52.203-12 Limitation on Payments to Influence Certain Federal JUN 2020 Transactions
52.203-17 Contractor Employee Whistleblower Rights and Requirement JUN 2020 To Inform Employees of Whistleblower Rights
52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber MAY 2011
Content Paper
52.204-7 System for Award Management OCT 2018
52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011
52.204-13 System for Award Management Maintenance OCT 2018
52.204-16 Commercial and Government Entity Code Reporting AUG 2020
52.204-18 Commercial and Government Entity Code Maintenance AUG 2020
52.204-19 Incorporation by Reference of Representations and DEC 2014 Certifications
52.204-21 Basic Safeguarding of Covered Contractor Information Systems NOV 2021
52.204-25 Prohibition on Contracting for Certain Telecommunications and Video NOV 2021
Surveillance Services or Equipment
52.212-4 Contract Terms and Conditions--Commercial Products and Commercial DEC 2022 Services
52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 http://www.acquisition.gov/far http://www.dot.gov/ost/m60/tamtar/tar.htm
52.223-18 Encouraging Contractor Policies to Ban Text JUN 2020 Messaging While Driving
52.229-3 Federal, State, and Local Taxes FEB 2013
52.232-18 Availability of Funds APR 1984
52.232-39 Unenforceability of Unauthorized Obligations JUN 2013
52.232-40 Providing Accelerated Payments to Small Business MAR 2023
Subcontractors
52.233-2 Service of Protest SEP 2006 Fill in: Rachelle Faiteau email: Rachelle.faiteau@dot.gov
52.233-3 Protest after Award AUG 1996
52.233-4 Applicable Law for Breach of Contract Claim OCT 2004
52.242-13 Bankruptcy JUL 1995
52.244-6 Subcontracts for Commercial Products and Commercial Services SEP 2023
The following FAR clauses are provided in full text:
52.212-5 Contract Terms and Conditions Required to Implement SEP 2023
Statutes or Executive Orders – Commercial Products and Commercial Services
(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 products and commercial services:
(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) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Nov 2021) (Section 1634 of Pub. L. 115-91).
(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).
(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).
(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801).
(6) 52.233-3, Protest After Award (Aug 1996) ( 31 U.S.C. 3553).
(7) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 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 products and commercial services:
[Contracting Officer check as appropriate.]
X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020), with Alternate I (Nov 2021) ( 41 U.S.C. 4704 and 10 U.S.C. 4655).
__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) ( 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 (Jun 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).
__ (5) [Reserved].
__ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).
__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).
X (8) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328).
X (9) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Nov 2021) ( 31 U.S.C. 6101 note).
X (10) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) ( 41 U.S.C. 2313).
__ (11) [Reserved].
__ (12) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Oct 2022) ( 15 U.S.C. 657a).
__ (13) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) ( 15 U.S.C. 657a).
__ (14) [Reserved] X (15) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) ( 15 U.S.C. 644).
__ (ii) Alternate I (Mar 2020) of 52.219-6.
__ (16) (i) 52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) ( 15 U.S.C. 644).
__ (ii) Alternate I (Mar 2020) of 52.219-7.
X (17) 52.219-8, Utilization of Small Business Concerns (Sep 2023) ( 15 U.S.C. 637(d)(2) and (3)).
__ (18) (i) 52.219-9, Small Business Subcontracting Plan (Sep 2023) ( 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 (Jun 2020) of 52.219-9.
__ (v) Alternate IV (Sep 2023) of 52.219-9.
__ (19) (i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) ( 15 U.S.C. 644(r)).
__ (ii) Alternate I (Mar 2020) of 52.219-13.
X (20) 52.219-14, Limitations on Subcontracting (Oct 2022) ( 15 U.S.C. 637s).
X (21) 52.219-16, Liquidated Damages—Subcontracting Plan (Sep 2021) ( 15 U.S.C. 637(d)(4)(F)(i)).
__ (22) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Oct 2022) ( 15 U.S.C. 657f).
X_ (23) (i) 52.219-28, Post Award Small Business Program Rerepresentation (Sep 2023)( 15 U.S.C.
632(a)(2)).
__ (ii) Alternate I (Mar 2020) of 52.219-28.
__ (24) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Oct 2022) ( 15 U.S.C. 637(m)).
__ (25) 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 (Oct 2022) ( 15 U.S.C. 637(m)).
__ (26) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) ( 15 U.S.C.
644(r)).
__ (27) 52.219-33, Nonmanufacturer Rule (Sep 2021) ( 15U.S.C. 637(a)(17)).
X (28) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).
X (29) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Dec 2022) (E.O.13126).
X (30) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
X (31) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).
__ (ii) Alternate I (Feb 1999) of 52.222-26.
X (32) (i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) ( 38 U.S.C. 4212).
__ (ii) Alternate I (Jul 2014) of 52.222-35.
X (33) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) ( 29 U.S.C. 793).
__ (ii) Alternate I (Jul 2014) of 52.222-36.
X (34) 52.222-37, Employment Reports on Veterans (Jun 2020) ( 38 U.S.C. 4212).
X (35) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).
X (36) (i) 52.222-50, Combating Trafficking in Persons (Nov 2021) ( 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).
__ (37) 52.222-54, Employment Eligibility Verification (May 2022) (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)
__ (38) (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.)
__ (39) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).
__ (40) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).
__ (41) (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.
__ (42) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).
__ (ii) Alternate I (Jun2014) of 52.223-14.
__ (43) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) ( 42 U.S.C. 8259b).
__ (44) (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 (45) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O. 13513).
X (46) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).
__ (47) 52.223-21, Foams (Jun2016) (E.O. 13693).
__ (48) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).
__ (ii) Alternate I (Jan 2017) of 52.224-3.
X (49) (i) 52.225-1, Buy American-Supplies (Oct 2022) ( 41 U.S.C. chapter 83).
__ (ii) Alternate I (Oct 2022) of 52.225-1.
__ (50) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (Dec 2022) ( 19 U.S.C.
3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 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 [Reserved].
__ (iii) Alternate II (Dec 2022) of 52.225-3.
__ (iv) Alternate III (Jan 2021) of 52.225-3.
__ (v) Alternate IV (Oct 2022) of 52.225-3.
__ (51) 52.225-5, Trade Agreements (Dec 2022) ( 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
X (52) 52.225-13, Restrictions on Certain Foreign Purchases (Feb 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
__ (53) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).
__ (54) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) ( 42 U.S.C. 5150).
__ (55) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) ( 42 U.S.C. 5150).
__ (56) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).
__ (57) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (Nov 2021) ( 41 U.S.C. 4505, 10 U.S.C. 3805).
__ (58) 52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov 2021) ( 41 U.S.C. 4505, 10 U.S.C. 3805).
X (59) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018) ( 31 U.S.C. 3332).
__ (60) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) ( 31 U.S.C. 3332).
__ (61) 52.232-36, Payment by Third Party (May 2014) ( 31 U.S.C. 3332).
__ (62) 52.239-1, Privacy or Security Safeguards (Aug 1996) ( 5 U.S.C. 552a).
__ (63) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) ( 15 U.S.C. 637(d)(13)).
__ (64) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) ( 46 U.S.C. 55305 and 10 U.S.C. 2631).
__ (ii) Alternate I (Apr 2003) of 52.247-64.
__ (iii) Alternate II (Nov 2021) 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 products and commercial services:
[Contracting Officer check as appropriate.]
__ (1) 52.222-41, Service Contract Labor Standards (Aug 2018) ( 41 U.S.C. chapter67).
__ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) ( 29 U.S.C. 206 and 41 U.S.C. chapter 67).
__ (3) 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).
__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) ( 29U.S.C.206 and 41 U.S.C. chapter 67).
__ (5) 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).
__ (6) 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).
__ (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).
__ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).
__ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) ( 42 U.S.C.
1792).
(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, as defined in FAR 2.101, on the date of award of this contract, 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 products or commercial services. 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 (Nov 2021) ( 41 U.S.C. 3509).
(ii) 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)).
(iii) 52.204-23,…
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