6913G626Q300044 V3262199

TABLE OF CONTENTS

Contract Description: The Contractor shall provide demolition, removal and remediation in accordance with the Statement of Work

(SOW).

Contract Type: Firm-Fixed Price CLIN 00100 will be fully funded at award.

Solicitation/Contract Structure: In addition to the SF-1449 and its previous three pages, this Request for Quote (RFQ) incorporates seven (7) Attachments I-VII, and these are structured as follows:

Attachment I – Statement of Work (SOW)*

Attachment II – Instructions To Offerors (2 pages)

Attachment III – Solicitation Provisions

Attachment IV – FAR Clauses*

Attachment V - Pricing Schedule

Attachment VI – WD 2015-4151- Glen Falls, NY*

Attachment VII – Site Survey Report - GFL VOR*

*(Note: At award the Purchase Order will incorporate Attachments I, IV, VI and VII)

Attachment I U.S. Department of Transportation

Volpe National Transportation Systems Center Demolition, Removal and Restoration Activities

STATEMENT OF WORK

1.0 INTRODUCTION

Under an Interagency Agreement, the John A. Volpe National Transportation Systems Center (Volpe Center) is providing support to the Federal Aviation Administration (FAA) Facilities Real Property Disposition program. As part of these efforts, removal/demolition and related activities will be conducted at one very high frequency omnidirectional range (VOR) facility in the FAA’s Eastern Service Area (ESA).

1.1 Sites for Demolition

The demolition and related activities shall be performed at the FAA facilities listed below:

• GFL VOR – Glens Falls, NY (43.341693°, -73.611750°)

2.0 SITE ACTIVITIES

2.1 BACKGROUND

The FAA no longer uses the equipment/buildings at the above-listed facility. If the property is leased and there are no co-located facilities, the FAA will typically cancel the leases after the demolition and restoration activities take place. If the property is government-owned, the FAA will either sell the property or repurpose it for further government use. Prior to relinquishing this property the FAA plans to remove environmental hazards, demolish or remove certain onsite structures and infrastructure, and restore disturbed areas.

2.2 TASKS TO BE PERFORMED

The Contractor shall conduct all work in accordance with Federal, State and local requirements.

Where inconsistencies exist, the Contractor shall follow the most stringent requirement.

2.2.1 Demolition, Remediation/Removal, and Restoration Work Plan The Contractor shall submit a draft Demolition, Removal, and Restoration work plan (Work Plan) within 10 business days after attending a kickoff meeting with the Volpe Center representatives that addresses the project requirements below.

This task involves the preparation and submission of a draft and final Work Plan. The Work Plan shall detail the technical approach and schedule for conducting all demolition, debris removal, disposal, and site restoration activities as required and described below. To assist with preparation of the Work Plan, the contractor shall thoroughly review the Government-furnished site survey report for the facility scheduled for demolition.

The Work Plan shall describe methods and procedures for dismantling, demolishing, and/or removing structures and equipment designated for disposal, and restoration of the site listed in Section 1.1. Site-specific information is detailed in Section 5.0 Proposed Scope of Work subsections B, C and D in the individual site survey report. The Work Plan shall also identify additional material sampling including sampling methods, analysis and quality control as may be required for waste characterization for all sites, if necessary. Disposal methods must be detailed for including the identification of all disposal facilities where waste and/or debris is to be shipped.

In addition the work plan shall also identify any required permits needed to perform the work and the contractor shall be responsible for obtaining those permits as required. Copies of the permits shall be attached to the work plan as an appendix.

Additional components of the Work Plan are the Site Safety and Health Plan (SSHP), which shall include personnel health and safety precautions to be followed. The work plan shall also include a Risk Management Plan that identifies major risks and hazards on the site and discusses ways to minimize these risks.

An outline summarizing the required content of the work plan is shown below:

1.) Technical Approach

a. Methods and procedures for removal, dismantling, disposal, debris removal, erosion and sediment control measures (where required) and restoration

i. Identify required additional material sampling (including clearance samples, where required)

ii. Identification of all required permits for completion of work (including local requirements) and all disposal locations, and any potential hazardous materials abatement required

2.) Site Safety Health Plan (SSHP) 3.) Risk Management Plan

a. Identification of major risks

b. Risk mitigation plan

4.) Appendix – Copies of any state or local permits required to perform the demolition or hazardous materials abatement activities

The contractor should expect a 5 business day Volpe Center review period between submission of the Draft Work Plan and receipt of Volpe Center comments. The Volpe Center and the Contractor shall meet to discuss any comments and changes, if necessary. The contractor shall make the changes and submit a Final Work Plan within 5 business days of the receipt of comments.

2.2.2 Demolition/Removal of On-Site Structures

The contractor shall remove and/or demolish on-site structures and infrastructure in accordance with the procedures detailed in the site survey report and the approved Final Work Plan. The contractor shall obtain all necessary local, state and federal permits for demolition work, complete any required paperwork, and pay any applicable fees unless otherwise discussed with the Government. These permits shall be submitted as an appendix to the work plan unless previously discussed with the Volpe Center.

Asbestos, lead-based paint (LBP) and PCB in building materials surveys were completed by licensed inspectors. The results are included as government furnished information (GFI). At GFL ACM was found in the floor tile, mastic, black roofing material and fire door insulation. There was LBP found on the vent hoods and tilt-down antenna.

Any site infrastructure to remain shall be protected during demolition activities. Any damage to nearby property caused by the Contractor’s activities shall be repaired at no cost to the Government.

Prior to excavation of underground structures, the contractor shall coordinate with the Volpe Center and local utility companies to locate and mark any active underground and aboveground utility lines that are to remain active after demolition and decommissioning activities are complete.

The contractor shall refer to the site survey report for the removal of any on-site cabling. Volpe will provide email confirmation that power has been terminated but the contractor shall confirm that power is off at all facilities prior to the start of any work. Please refer to the specifications outlined in Section 5.0 of the site survey report for details.

All buildings, structures, and site improvements as specified in the site survey report, including but not limited to shelters, concrete footings and pads, steps, fencing, wooden power poles and equipment on the poles, electrical boxes and equipment, transformers, plot and road gravel, culverts, and all underground wiring and piping, shall be removed and disposed of according to the guidance provided in site survey reports and the above Demolition, Remediation/Removal, and Restoration Work Plan. The contractor shall segregate all demolition debris for offsite disposal and/or recycling as appropriate. Any hazardous debris (lead-based paint, ACM, PCB building materials, batteries, fluorescent light ballasts, creosote-treated wood, etc.) shall be disposed of as required by local, state or federal law and copies of all chain of custody paperwork for the disposal shall be provided to the Volpe Center in the closeout report. The contractor shall conduct additional sampling of demolition debris (if required) for waste disposal characterization and shall prepare manifests and/or bills of lading for signature by the FAA representative for all debris requiring offsite treatment and/or disposal. Copies of disposal paperwork shall be provided to the Volpe Center upon project completion.

The contractor is responsible for site security and safety and shall provide adequate protection against accidental trespassing. In addition for safety and security reasons, the contractor shall not leave dumpsters on-site overnight uncovered or outside of FAA fencing, without FAA/Volpe approval.

2.2.3 Restoration of Disturbed Areas

After the completion of all demolition and removal activities, the contractor shall restore the site according to the applicable site survey report and Work Plan. Where applicable, the contractor shall fill or otherwise level low areas, and compact and re-grade the site to its approximate original grade. The contractor shall supply clean, uncontaminated fill that is suitable for seeding, growing and sustaining vegetation, where stated in Section 5.D of the site survey report. If requested, the contractor shall provide paperwork or sample results certifying that the fill used is clean, and does not contain any contaminants above state or federal residential limits. The contractor shall compact any filled areas to 95% compaction to eliminate any settling and shall smooth out any disturbed surfaces.

2.2.4 Site Close-out

The contractor shall provide a brief closeout report in memo format, briefly detailing the work completed at the site. The results of all samples shall also be included, if applicable. In addition, the contractor shall provide all waste manifests including but not limited to, chain of custody paperwork for any hazardous waste disposal, and other disposal paperwork documenting quantities and the proper disposal or recycling of materials, laboratory results, before and after site photographs, and the location of any foundations or other objects left in place below grade.

3.0 DELIVERABLES

The Contractor shall prepare the following required deliverables in the quantities described below:

Deliverable Name Format # Copies Date Due/ Recipient

Draft Demolition and

Restoration Work Plan

Electronic; MSWord* 1 10 business days after kickoff meeting with

Volpe; send to contracting officers representative

(COR) and alt-POC

Final Demolition and

Restoration Work Plan

Electronic MSWord*;

Electronic .pdf

5 business days after receipt of govt comments;

send electronic copies to

COR and alt-POC

Site Close-out Memo and other Documentation

Electronic (scanned copies are fine)

10 business days after site demobilization or 5 business days after receipt of disposal paperwork**

* Any attachments/figures/appendices are permitted to be submitted in .pdf format if they cannot be submitted in .doc format **If there is a delay in the receipt of the disposal paperwork, the Contractor shall let the Volpe COR know and an extension of the due date will be discussed.

4.0 SCHEDULE

The Contractor shall prepare a schedule for completing the above-described tasks in this SOW and shall include it with their technical proposal. The period of performance for this effort shall be from date of award to September 30, 2026. Approximate work hours are from 8:00 a.m. to 4:30 p.m. Monday through Friday. THERE IS TO BE NO WORK on the weekends, Government holidays, or outside of set work hours unless approved and coordinated with the Volpe Center COR. In consideration of the FAA facility location and contract period of performance, schedule delays or impacts stemming from inclement or extreme weather will be evaluated as needed.

5.0 TRAVEL

Contractor travel may be required in execution of contract tasks. All travel costs shall be built in and included in the pricing of line items for which travel may be required and in total fixed price amount.

6.0 PROJECT COORDINATION AND SITE ACCESS

The Contractor shall coordinate all activities and access through the COR. Contact with facility personnel and the FAA shall be coordinated through the COR.

7.0 CONTRACTING OFFICER’s REPRESENTATIVE (COR)

The COR for this effort shall be:

Michelle Heimgartner Environmental Engineer USDOT/Volpe Center/V326 55 Broadway Cambridge, MA 02142 Tel: (617) 494-XXXX Cell: (857) 500-XXXX Email: xxxxxxxxxxxx@dot.gov

Government Furnished Information (GFI)

Site Survey Reports:

• Site Survey Report: GFL VOR – Glens Falls, NY (includes asbestos/lead/PCB results) mailto:xxxxxxxxxxxx@dot.gov

Attachment II

INSTRUCTIONS, CONDITIONS, REPRESENTATIONS AND NOTICE TO OFFERORS

(This section of the solicitation will not be part of the purchase order award)

1.0 FAR 52.252-1, Solicitation Provisions Incorporated by Reference (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at these locations:

FAR: https://www.acquisition.gov/?q=browsefar TAR: https://www.transportation.gov/administrations/assistant-secretary-administration/transportation-acquisition-regulation-tar

The following addenda to FAR provisions are provided in full text:

1.1 FAR 52.212-1 Instructions to Offeror –Commercial Products and Commercial Items SEP

Addendum paragraph (b)(1)(12):

The Government will not pay any costs for the preparation of responses to this Request for Quote (RFQ). Failure to comply with the RFQ instructions may render a quote to be non- responsive.

Proposals shall adhere to the following:

1. Proposal must be received via email sent to roland.regan@dot.gov by the closing date/time in order to be considered. In the rare event that the Internet is down or inaccessible, the Offeror shall immediately notify the Contracting Officer prior to the RFQ closing date and time to make arrangements for acceptance by other means. Failure notifying the Contracting Officer of internet inaccessibility prior to solicitation closing will automatically deem a proposal as late.

2. Quotation must be marked with Solicitation Number 6913G626Q300044.

3. The time of receipt of quotation (with completed pricing schedule and cost backup, and technical narration) is no later than August 4, 2026 at 1:00 PM Eastern Time. The quotations must be submitted by email to: roland.regan@dot.gov

4. Questions regarding this RFQ should be submitted via email to roland.regan@dot.gov on or before July 28, 2026 at 3:00 PM Eastern Time. The Contracting Officer will provide a response to all questions asked before this date. Questions may submitted after this date and time but the Contracting Officer does not guarantee a response will be provided.

https://www.acquisition.gov/?q=browsefar https://www.transportation.gov/administrations/assistant-secretary-administration/transportation-acquisition-regulation-tar https://www.transportation.gov/administrations/assistant-secretary-administration/transportation-acquisition-regulation-tar mailto:roland.regan@dot.gov mailto:roland.regan@dot.gov mailto:roland.regan@dot.gov

Basis for Award – Quote/Proposal Format

The Offeror’s proposal must include the following along with the completed SF-1449 and the other elements as described in this provision:

1. Pricing Backup: The Offeror’s firm fixed price (FFP) proposal must for the period of performance (POP) include a price for the labor and equipment charges for CLIN 00100. In addition, prices for any additional costs anticipated (if needed) including laboratory analysis, survey, other equipment rentals, trucking, disposal, permits, etc., shall be included and detailed in the proposal.

2. The all-inclusive price should include an explanation of the work-plan, demolition, remediation, removal process of on-site structures, restoration of disturbed areas, and site close-out. Basis for award in descending order of importance:

• Prices (cost buildup)

• Schedule

• Technical explanation of this work (2-page narrative for CLIN 00100 demonstrating understanding, competence and efficiencies of the requirements)

Attachments III Contract Terms and Conditions

PROVISIONS

(Attachment III will be removed at award)

Far Provisions Incorporated by Full Text

52.252-1 Solicitation Provisions Incorporated by Reference. (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

• https://www.acquisition.gov/far-overhaul/far-part-deviation-guide

• https://www.acquisition.gov/tar/part-1252%E2%80%94solicitation-provisions-and-c-ontract-clauses

(End of provision)

52.252-5 Authorized Deviations in Provisions (NOV 2020)

(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the provision.

(b) The use in this solicitation of any Transportation Acquisition Regulations (48 CFR Chapter 12) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

(End of provision)

Instructions to Offerors—Commercial Products and Commercial Services (DEVIATION SEP 2025) (This provision may be tailored to reflect customary commercial practice, except for the paragraph on Debriefings, which is required by statute.)

(a) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. As a minimum, offers shall include—

(1) The solicitation number;

(2) The name, address, telephone number of the Offeror;

(3) The Offeror’s Unique Entity Identifier (UEI) and, if applicable, Electronic Funds

Transfer (EFT) indicator;

https://www.acquisition.gov/far-overhaul/far-part-deviation-guide https://www.acquisition.gov/tar/part-1252%E2%80%94solicitation-provisions-and-c-ontract-clauses

(4) Information necessary to evaluate the factors contained in the provision at 52.212-2 or as described in the solicitation;

(5) Responses to provisions that require Offeror completion of information, representations, and certifications (other than those collected via the System for Award Management (SAM)); and

(6) A statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation and any solicitation amendments.

(b) Period for acceptance of offers. The Offeror agrees to hold the prices in its offer firm for 60 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(c) Late submissions, modifications, revisions, and withdrawals of offers.

(1) Offerors are responsible for submitting offers and any modifications or revisions to the Government office designated in the solicitation by the time specified in the solicitation.

(2) Any offer, modification, or revision received after the time specified for receipt of offers is “late” and will not be considered unless it is received before award is made and the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition. However, a late modification of an otherwise successful offer that makes its terms more favorable to the Government will be considered at any time it is received and may be accepted.

(3) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(4) Offerors may withdraw their offers by written notice to the Government received at any time before award.

(d) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with Offerors. Therefore, the Offeror’s initial offer should contain the Offeror’s best terms. However, the Government reserves the right to conduct discussions, if necessary. The Government may reject any or all offers if such action is in the public interest, accept other than the lowest offer, and waive informalities and minor irregularities in offers received.

(e) Debriefings. If a post award debriefing is given to requesting Offerors, the Government will disclose the following information, if applicable:

(1) The agency’s evaluation of the significant weak or deficient factors in the debriefed Offeror’s offer.

(2) The overall evaluated cost or price and technical rating of the successful Offeror and the debriefed Offeror and past performance information on the debriefed Offeror.

(3) The overall ranking of all Offerors when any ranking was developed by the agency during source selection.

(4) A summary of the rationale for award.

(5) For acquisitions of commercial products, the make and model of the product to be delivered by the successful Offeror.

(6) Reasonable responses to relevant questions posed by the debriefed Offeror as to whether the agency followed source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities.

(End of provision)

52.212-2 Evaluation—Commercial Products and Commercial Services. (DEVIATION SEP 2025)

(a) Evaluation factors. The Government will award a contract resulting from this solicitation to the responsible Offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors will be used to evaluate offers:

(b) This resulting order will be awarded to the vendor that can provide the services that represent the best value to the Government. Best Value includes possessing the required certifications to complete the requirement.

The Government will make award to the responsible vendor whose submission conforms with the solicitation terms and conditions and represents the “Best Value” to the Government. Therefore, “best value” award will be made with an acceptable technical proposal with the lowest price.

(c) Options (if applicable). The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. The evaluation of options does not obligate the Government to exercise the option(s).

(d) Notice of award. A written notice of award or acceptance of an offer furnished to the successful Offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of provision)

FAR Provisions Incorporated by Reference

Number Title Date 52.203-11 Certification and Disclosure Regarding Payments to Influence

Certain Federal Transactions

(SEP 2024)

52.204-7 System for Award Management—Registration (SEP 2025) 52.204-7 Alt I

System for Award Management—Registration, with Alternate I

(SEP 2025)

52.232-23 Assignment of Claims (MAY 2024) 52.222-18 Certification Regarding Knowledge of Child Labor for Listed

End Products

(FEB 2021)

52.222-48 Exemption from Application of the Service Contract Labor Standards for Maintenance, Calibration, or Repair of Certain Equipment–Certification

(OCT 2025)

52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving

(MAY 2024)

52.229-11 Tax on Certain Foreign Procurements—Notice and Representation (DEVIATION AUG 2025)

(AUG 2025)

52.240-90 Security Prohibitions and Exclusions Representations and Certifications (DEVIATION SEP 2023)

(SEP 2023)

TAR CLAUSES INCORPORATED BY REFERENCE

TAR Provisions Incorporated 1252.123-4 Add TAR provisions as applicable

Number Title Date 1252.209-70 Organizational and Consultant Conflicts of Interest (NOV 2022) 1252.223-73 Seat Belt Use Policies and Programs (NOV 2022) 1252.232-70 Electronic Submission of Payment Requests (DEVIATION

AUG 2025)

(AUG 2025)

1252.239-72 Compliance with Safeguarding DOT Sensitive Data Controls (NOV 2022) 1252.239-74 Safeguarding DOT Sensitive Data and Cyber Incident

Reporting

(NOV 2022)

1252.239-92 Information and Communication technology Accessibility Notice

(NOV 2022)

1252.239-93 Information and Communication technology Accessibility (NOV 2022)

ATTACHMENT IV

FAR CLAUSES

FAR Clauses Incorporated by Full Text

52.252-2 Clauses Incorporated by Reference (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 Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

• https://www.acquisition.gov/far-overhaul/far-part-deviation-guide

• https://www.acquisition.gov/tar/part-1252%E2%80%94solicitation-provisions-and-c-ontract-clauses (End of clause)

52.252-6 Authorized Deviations in Clauses (NOV 2020)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter

1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.

(b) The use in this solicitation or contract of any Transportation Acquisition Regulations (48 CFR Chapter 12) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

(End of clause)

52.212-4 Terms and Conditions—Commercial Products and Commercial Services

(DEVIATION SEP 2025)

(Full text is recommended; May be tailored to reflect customary commercial practice, with the exception of the following paragraphs that implement statute: Assignments, Disputes, Payment, Invoice, Compliance with laws unique to Government contracts, Unauthorized obligations, and Comptroller General examination of records.)

(a) Definitions. The clause at Federal Acquisition Regulation (FAR) 52.202-1, Definitions, is incorporated by reference.

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item

(b) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If https://www.acquisition.gov/far-overhaul/far-part-deviation-guide repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post acceptance rights—

(c) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(d) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(e) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal, or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause FAR 52.233-1, Disputes, which is incorporated in this contract by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence. Examples of occurrences include acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. When an excusable delay occurs, the Contractor shall—

(1) Notify the Contracting Officer in writing as soon as possible;

(2) Remedy the delay as quickly as possible; and

(3) Notify the Contracting Officer when the occurrence is over.

(g) Invoice. The Government will handle invoices according to the Prompt Payment Act (31

U.S.C. 3903) and 5 CFR part 1315. The Contractor shall submit invoices to the address designated in the contract to receive invoices. An invoice must include the information required by 5 CFR part 1315.9(b).

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees, and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark, or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment-

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.

(3) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date that appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(4) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

i. Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable;

(D) Contractor point of contact; and

ii. Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(5) Interest.

i. All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

ii. The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

iii. Final decisions. The Contracting Officer will issue a final decision as required by FAR part 33 if–

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement;

or http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3903&num=0&edition=prelim

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see FAR part 32).

iv. If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

v. Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a termination for cause.

vi. The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on-

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

vii. The interest charge made under this clause may be reduced under the procedures for interest credits prescribed in FAR part 32 in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon—

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. The Government will send a cure notice to the Contractor, unless the reason for the termination is late delivery. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered under this contract are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 49 U.S.C. 40118, Government-financed air transportation; and 41 U.S.C. chapter 21 relating to procurement integrity.

(r) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services;

(2) The Disputes, Payments, Invoice, Compliance with Laws Unique to Government

Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) Other contract clauses incorporated in the solicitation or contract;

(4) Addenda to this solicitation or contract;

(5) Solicitation provisions incorporated in the solicitation;

(6) Other paragraphs of this clause;

(7) Other documents, exhibits, and attachments; and

(8) The specification.

(s) Unauthorized obligations.

(1) Except as stated in paragraph (s)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

i. (i) Any such clause is unenforceable against the Government.

ii. Neither the Government nor any Government-authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.

iii. Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (s)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(t) Comptroller General examination of record.

(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 part 4, longer period required by statute, or periods specified in 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 clause 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.

(u) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of clause)

TAR Clauses Incorporated by Full Text

1252.232-70 Electronic Submission of Payment Requests (NOV 2022) (DEVIATION AUG 2025)

(a) Definitions. As used in this clause—

(1) Contract financing payment has the meaning given in FAR 32.001.

(2) Payment request means a bill, voucher, invoice, or request for contract financing payment or invoice payment with associated supporting documentation. The payment request must comply with the requirements identified in FAR 32.905(b), “Content of Invoices,” this clause, and the applicable Payment clause included in this contract.

(3) Electronic form means an automated system transmitting information electronically according to the accepted electronic data transmission methods and formats identified in paragraph (c) of this clause. Facsimile, email, and scanned documents are not acceptable electronic forms for submission of payment requests.

(4) Invoice payment has the meaning given in FAR 32.001.

(b) Electronic payment requests. Except as provided in paragraph (e) of this clause, the contractor shall submit payment requests in electronic form. Purchases paid with a Governmentwide commercial purchase card are considered to be an electronic transaction for purposes of this rule, and therefore no additional electronic invoice submission is required.

(c) Processing system. The Department of Transportation utilizes the DELPHI system for processing invoices. The DELPHI module for submitting invoices is called iSupplier. Access to DELPHI is granted with electronic authentication of credentials (name & valid email address) utilizing the GSA credentialing platform login.gov. Vendors submitting invoices are required to submit invoices via iSupplier (DELPHI) and authenticated via www.login.gov.

(d) Invoice requirements. To receive payment and in accordance with the Prompt Payment Act, all invoices submitted as attachments in iSupplier (DELPHI) shall contain the following:

(1) Invoice number and invoice date.

(2) Period of performance covered by invoice.

(3) Contract number and title.

(4) Task/Delivery Order number and title (if applicable).

(5) Amount billed (by CLIN), current and cumulative.

(6) Total ($) of billing.

(7) Cumulative total billed for all contract work to date.

(8) Name, title, phone number, and mailing address of person to be contacted in the event of a defective invoice.

(9) Travel. If the contract includes allowances for travel, all invoices which include charges pertaining to travel expenses will catalog a breakdown of reimbursable expenses with the appropriate receipts to substantiate the travel expenses.

http://www.login.gov/

(10) (TAR Class Deviation 2025-02_A1)The following statement “The Contractor certifies that, by submitting this invoice to the Government, the supplies and/or services billed have been shipped, rendered, or delivered in accordance with instructions issued by the ordering officer; that they are reflected in the quantities and/or period of performance stated on the invoice; and that such supplies and/or services conform to the quantity and quality requirements specified in the applicable contract, order, or blanket purchase agreement.

Furthermore, pursuant to Executive Order 14173, Ending Illegal Discrimination And Restoring Merit-Based Opportunity, the Contractor certifies that it is in compliance with the Equal Protection principles of the Constitution and all applicable Federal anti-discrimination laws, and acknowledges that such compliance is material to the Government’s payment decision under the False Claims Act (31 U.S.C. § 3729(b)(4)).

The Contractor also affirms that it does not operate any diversity, equity, and inclusion (DEI) initiatives that are inconsistent with the Equal Protection principles of the Constitution and the non-discrimination requirements of Federal law, as interpreted by the Supreme Court in Students for Fair Admissions v. Harvard, 600 U.S. 181 (2023).”

(e) Payment system registration. All persons accessing the iSupplier (DELPHI) will be required to have their own unique user ID and password and be credentialed through login.gov.

(1) Electronic authentication. See www.login.gov for instructions.

(2) To create a www.login.gov account, the user will need a valid email address and a working phone number. The user will create a password and then www.login.gov will reply with an email confirming the email address.

(3) iSupplier (DELPHI) registration instructions: New users should navigate to:

http://einvoice.esc.gov to establish an account. Users are required to log in to iSupplier (DELPHI) every 45 days to keep it active.

(4) Training on DELPHI. To facilitate use of DELPHI, comprehensive user information is available at http://einvoice.esc.gov.

(5) Account Management. Vendors are responsible to contact their assigned COR when their firm's points of contacts will no longer be submitting invoices, so they can be removed from the system.

(f) Waivers. For contractors/vendors who are unable to utilize DOT's DELPHI system, waivers may be considered by DOT on a case-by-case basis. Vendors should contact their Contracting Officer's Representative (COR) for procedures.

(g) Exceptions and alternate payment procedures. If, based on one of the circumstances set forth in 1232.7002(a) or (b), and the contracting officer directs that payment requests be made by mail, the contractor shall submit payment requests by mail through the United States Postal Service to the designated agency office. If alternate payment procedures are authorized, the Contractor shall include a copy of the Contracting Officer's written authorization with each payment request. If DELPHI is succeeded by later technology, the Contracting Officer will supply the Contractor with the latest applicable electronic invoicing instructions.

(End of clause) http://www.login.gov/ http://einvoice.esc.gov/ http://einvoice.esc.gov/

FAR CLAUSES INCORPORATED BY REFERENCE

Number Title Date 52.203-6 with Alt I

Restrictions on Subcontractor Sales to the Government (NOV 2021)

52.203-17 Contractor Employee Whistleblower Rights (NOV 2023) 52.203-19 Prohibition on Requiring Certain Internal Confidentiality

Agreements or Statements

52.204-9 Personal Identity Verification of Contractor Personnel (JAN 2017) 52.204-13 System for Award Management—Maintenance (SEP 2025) 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations

(DEVIATION SEP 2025)

(SEP 2025)

52.209-11 Notice of Price Evaluation Preference for HUBZone Small Business Concerns (DEVIATION SEP 2025)

(SEP 2025)

52.219-6 with Alt I

Notice of Total Small Business Set-Aside, with Alternate I (NOV 2025)

52.219-8 Utilization of Small Business Concerns (NOV 2025) 52.219-14 Limitations on Subcontracting (NOV 2025) 52.219-28 Post-Award Small Business Program Representation (NOV 2025) 52.222-3 Convict Labor (DEVIATION OCT 2025) (OCT 2025) 52.222-36 Equal Opportunity for Workers with Disabilities (OCT 2025) 52.222-40 Notification of Employee Rights Under the National Labor

Relations Act (DEVIATION OCT 2025)

(OCT 2025)

52.222-41 Service Contract Labor Standards (DEVAITION OCT 2025) (OCT 2025) 52.222-42 Statement of Equivalent Rates for Federal Hires (MAY 2014) 52.222-44 Fair Labor Standards Act and Service Contract Labor Standards-

Price Adjustment (DEVIATION OCT 2025)

(OCT 2025)

52.222-50 Combating Trafficking in Persons (DEVIATION OCT 2025) (OCT 2025) 52.222-62 Paid Sick Leave Under Executive Order 13706 (DEVIATION

OCT 2025)

(OCT 2025)

52.222-90 Addressing DEI Discrimination by Federal Contractors

(DEVIATION APR 2025)

(APR 2025)

52.223-23 Sustainable Products and Services (DEVIATION DEC 2025) (DEC 2025) 52.225-1 Buy American-Supplies (DEVIATION NOV 2025) (NOV 2025) 52.226-8 Encouraging Contractor Policies to Ban Text Messaging While

Driving

(MAY 2024)

52.232-23 Assignment of Claims (MAY 2014) 52.232-33 Payment by Electronic Funds Transfer—System for Award

Management

(OCT 2018)

52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (MAY 2023) 52.233-1 Disputes (SEP 2025) 52.233-3 Protest After Award (DEVIATION SEP 2025) (SEP 2025) 52.233-4 Applicable Law for Breach of Contract Claim (DEV IATION SEP

2025)

(SEP 2025)

52.240-…