Rail Car Solicitation.pdf

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6913G6

Cambridge MA 02142-1001 55 Broadway

VOLPE NAT'L TRANSPORTATION SYS CNTR

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11/17/2020 1430 ET

11/06/2020

617-494-3470DAVID BERGER

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6913G621Q300005

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1 2 V3352101OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

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17a. CONTRACTOR/

Kittery ME 03904 Building 170 Receiving C/O Eric Johnson, C983 Portsmouth Naval Shipyard

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Cambridge MA 02142-1001 55 Broadway

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UNIT

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QUANTITY

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SCHEDULE OF SUPPLIES/SERVICES

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ITEM NO.

To provide the Portsmouth Naval Shipyard with two mobile railway car spotters and equipment that will operate at the shipyard which offers restrictions throughout the rail infrastructure.

Rail car delivery with specifications stated in the attached statement of work. This will include training, inspection and acceptance and delivery at Portsmouth Naval Shipyard. In addition there will be extended field support, one trip to be planned around 6 months following delivery.

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ITEM NO.

Period of Performance: 12/01/2020 to 02/01/2021

00100 Railway Car Spotter vehicles (Quantity 2) meeting the specified technical requirements as stated in the Statement of Work. See Attachment 1.

Delivery: 02/01/2021

00200 Railway Car Spotter Extended Field Support

Delivery: 08/02/2021

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2 2 of

PR No.: V3352101 Solicitation No.: 6913G21Q300005 Railway Car Spotters

STATEMENT OF WORK

Attachment 1

Railway Car Spotters for Portsmouth Naval Shipyard

1.0 BACKGROUND

The United States Naval Facilities engineering and Expeditionary Warfare Center (NAVFAC EXWC) located in Port Hueneme, CA provides acquisition and contract management to Public Works affiliated support for U.S. Naval Facilities. This includes rail road equipment and infrastructure support. The Volpe National Transportation Systems Center (Volpe Center) within the U.S. Department of Transportation provides railroad related technical and acquisition support to NAVFAC through a Memorandum of Agreement.

The Navy rail fleet is in critical need of modern equipment to increase the efficiency, reliability, and safety of operations on U.S. Navy installations. This modernization program is a priority for the U.S. Navy. The Volpe Center is working to increase the U.S. Navy’s locomotive mission capability by providing acquisition management and technical support for this rail upgrade.

2.0 OBJECTIVES

This specification is for the purchase of a quantity of two diesel-engine railway car spotter vehicles.

These car spotters are intended as replacements for obsolete Navy locomotives that remain in service but are beyond their expected life expectancy and are no longer supported by the OEM.

The car spotters are intended for use in and around shipyards, railroad yards and dock shipping areas for locating and moving railway equipment. The mobility of the car spotter on rails, unimproved and paved surfaces, makes it suitable for moving any type of wheeled equipment where and as desired.

3.0 REFERENCES

The following references listed below are attached to this solicitation for the offerors understand of the capabilities needed for this requirement.

3.1 300-ton M-1 Flat Car

3.2 140-ton Flat Car

3.3 Rail Clearances.pdf

3.4 Cleat-Shop Drawing.pdf

3.5 PNSY Rail Refueling Report

4.0 CLIN 00100 – CAR SPOTTERS

The Contractor shall provide a quantity of two (2) diesel-engine railway car spotter vehicles. The car spotters shall, as a minimum, be in accordance with the requirements of this specification and shall be the manufacturer’s standard commercial product with the allowance of minor modifications to meet the specifications herein. When specific requirements are not stated herein all items listed as standard equipment in the contractor’s published specification brochures and catalogs, or normally furnished to commercial customers as standard equipment, shall be furnished.

The car spotters shall be equipped with all components necessary to enable it to function reliably and efficiently in sustained operation. The car spotters shall conform to all Federal laws and regulations applicable to the manufacturing, safety, and pollution standards that are in effect for this type of equipment at the time of manufacture. Car Spotter Minimum Requirements include:

a. The car spotters shall be a commercially available model previously tested and approved with minor modifications as required to meet the requirements of this work statement.

b. The car spotter shall be designed to operate on North American standard rail gage (56.5 inches) and shall be capable of lowering and raising the flanged guide wheels for rail-to-road and road-to-rail transfer from the operator’s seat. The rail at Portsmouth Naval Shipyard is embedded.

c. The car spotter shall be capable of crossing over semi-exposed rails, and transferring from road-to-rail and rail-to-road operation with no sign of instability and no loss of control including places where the running surface of the railroad track is above the adjacent surface 2-inches or less.

d. The car spotter shall be capable of providing maximum tractive effort without the use of a weight transfer type coupler system. No weight transfer of any kind shall be permitted.

e. The car spotter shall offer a starting tractive effort of 60,000 lbs.

f. Railway rolling stock to be used with the car spotters includes: 4-axle general purpose flatcars, 8-axle 140-ton depressed center flatcar, and 12-axle 300-ton M-1 special purpose flatcar. The car spotters shall be capable of efficiently maneuvering each type of railway rolling stock through a 125-foot radius curve from a stopped position when coupled at either end in forward and reverse directions. This may be accomplished using alternative coupler designs, such as pivot couplers or extended couplers. The car spotter shall be equipped with longer than standard-length train-air air hoses if necessary to maneuver the railway cars though the curves. Car spotters also under normal operation shall successfully maneuver a loaded 300-ton M-1 flatcar up a 3-percent grade from a stopped position when coupled at either end in forward and reverse directions. Railway rolling stock details are included in References 3.1, 3.2, and 3.5.

g. The car spotters shall not interfere with track sidings or raised curves, including dry-dock clearances, cleats and bollards, etc. The spotter shall conform to the requirements of AAR “Plate-F” clearances in addition to more stringent clearance requirements specified here and in Reference 3.3.

• Portions of existing buildings/infrastructure require a clearance of 5.83 feet from centerline of track on both sides of track.

• The extreme horizontal curve at the site is 125-ft radius curve. Additionally, there is a section of track with the following: 51.6 ft. of tangent track between two opposing curves, 150-ft. radius and 294-ft. radius.

• Extreme dock edge cleat clearance is 5.49-ft. from train rail baseline to cleat centerline. Cleat is mounted on a 12” tall concrete base. Extreme cleat base clearance is 4.37-ft from train rail baseline to 12” tall concrete base. See Reference 3.3 and Reference 3.4.

h. Provision shall be made to determine from the operator’s seat when the rail guide wheels can be safely lowered to transfer the car spotters from road-to-rail use.

i. The car spotter shall be designed to provide rubber tire traction for on-rail use and on-road use.

j. The car spotter shall be powered by a properly sized diesel engine meeting the current EPA Tier 4 Final emission regulations for new manufactured equipment.

k. An identification plate, permanently marked, shall be securely mounted in the cab or on the frame. The identification plate shall contain the following information:

1) Car spotter manufacturer’s Model Number and Serial Number

2) Can spotter manufacturer’s Name and Address

3) Car spotter Date of Manufacture

4) Manufactured for the U.S. Navy - Portsmouth Naval Shipyard - Kittery, Maine

In addition, the following equipment shall be included with each of the two railway car spotters:

a. Air bell or electronic air bell – quantity one (1) per unit

b. Air horn – quantity one (1) per unit

c. Air conditioners and cabin heaters of sufficient size to provide operator comfort in ambient air temperature extremes.

d. Cold Weather Package (heaters for engine oil pan, fuel tank, hydraulic reservoir, and transmission oil) – quantity one (1) package per unit. Cold weather package shall utilize standard 20A 125VAC NEMA 5-20 connections. No more than two (2) 20A circuits shall be required for full energization of the cold weather package. If multiple receptacles are utilized, each receptacle shall identify the functions powered.

e. The car spotter shall be equipped with visibility cameras and cab-mounted monitor.

Cameras shall provide a clear view (to the operator in the cab) of the front and rear of the railcar spotter, couplings, and clear view of the movement of the track wheels as they engage and disengage the rail. Cameras shall not have the ability to record, store or broadcast video or still images, and shall provide a live video feed only to the cab located video monitor(s).

f. Battery tender unit utilizing standard NEMA 5-20 connections. The battery tender unit shall be permanently mounted to the car spotter.

g. Handholds, platforms, and railings shall be provided for the safety of operating personnel and shall conform to the requirements of 49 CFR part 229 and 231, and AAR regulations to the greatest extent practicable. Any deviations from requirements of 49 CFR part 229, 49 CFR 231, and AAR regulations required to meet clearances shall be identified in the response to the solicitation.

h. Custom Paint and Stenciling:

1. Paint each unit Safety Yellow with Navy Blue or Black trim:

i. Safety Yellow: Federal Color Standard #13538.

ii. Black: Federal Color Standard #17038.

iii. Navy Blue: Federal Color Standard #15050.

2. Legibly stencil in regular font, no smaller than 4-inch tall letters, in navy blue or black color “Portsmouth Naval Shipyard” and the unit number on both sides of each railway car spotter. Unit numbers are:

i. USN 62-00366

ii. USN 62-00367

An example from a previous car spotter is provided below:

i. LED Work Lights, minimum two front and two rear.

j. Lubrication system, Single Point High Pressure. This function shall lubricate all locations requiring lubrication to the maximum extent possible. Any remaining lubrication points requiring regular attention shall be easily accessible without the use of special tools or ladders.

k. Mirrors, Heated (Left and Right Front).

l. Emergency Stop Control – The car spotters shall be equipped with Wireless Remote

Handheld Emergency Stop Control. The car spotters shall not be equipped with any other wireless remote control operation except for Emergency Stop Control.

m. The car spotters shall not be equipped with cellular or GPS based equipment monitoring systems. If this equipment is part of the base model, it must be removed prior to delivery.

n. Remotely (from cab) activated decoupling of cars.

o. Automatic sanders that can be engaged from the cab. Sand reservoirs shall be accessible and fill-able without special equipment or ladders.

p. Each railcar spotter shall be provided with an auxiliary compressed air line and hose reel of sufficient length to provide air to all pneumatic tires.

q. Each car spotter shall be equipped with a portable fire extinguisher (10lb. or larger BC-type).

r. Manuals: The Offerors shall supply one complete set of commercial manuals for each unit, including operation, maintenance, and parts with each railway car spotter. The parts manuals shall list the contractor’s part numbers, as well as the component and equipment manufacturer’s part number, as applicable. A recommended itemized spare parts list with costs shall be provided.

s. One-year supply of spare parts for each unit as identified in the recommended itemized spare parts list shall be delivered with each car spotter and shall be inspected for completeness before acceptance. This does not include fuel and lube oil. If applicable, one set of any special and unique tools necessary to perform preventative and corrective maintenance shall also be provided with each car spotter.

4.1 TRAINING

The Offeror shall provide two days of combined classroom and hands-on training for 6-8 operators on-site at the delivery location within fourteen days following delivery of the car spotters and in cooperation with the government. The contractor shall also provide a video training course on DVD within this timeframe. The video shall verbally and visually provide the users with all the information required for maintenance and operation of the car spotter and its components using the provided commercial manual as a baseline.

1. Classroom Training

a. Virtual Tour of all Training Materials

b. Q & A on Training Literature and Documentation

2. Hands-On Training

a. Walk around safety and equipment inspections, features, and component location

b. Operator maintenance responsibilities

c. controls and indicators in-cab review and description

d. Road/Rail operations, mounting and dismounting the rail

e. Coupling and uncoupling of railcars

f. Car spotter/train air brake systems

g. Railcar maneuvering and parking techniques

h. General rail safety and best suggested practices

i. Q & A on hands-on training

4.2 WARRANTY

The standard commercial warranty shall apply.

4.3 DELIVERABLES AND SCHEDULE

The two railway car spotters, including complete tools, parts, and publications/manuals, shall be preserved and packed in accordance with the contractor’s standard commercial practice and shall assure acceptance by common carrier and provide product protection against deterioration, loss, and damage during shipment, handling, and storage. The Government will review if acceptable upon delivery.

Delivery and Schedule

a. The Contractor shall contact the Contracting Officer Representative (COR) and provide a courtesy email to the Contracting Officer for confirmation of schedule dates of the inspection at Contractor’s plant for approval of the schedule dates for inspection before shipment.

b. Both car spotters, including complete tools, parts, and publications/manuals, shall be delivered on or by February 1, 2021.

c. Delivery destination for both railway car spotters is Portsmouth Naval Shipyard, Kittery, ME 03805.

d. Warranty documents shall be submitted at the time of equipment delivery.

e. Training shall occur at Portsmouth Naval Shipyard and is to occur within fourteen (14) days following delivery of the car spotters. The contractor is responsible for initiating the process for security clearances of all employees participating in the delivery, set-up and training.

f. The Contractor shall provide a drawing/schematic to the Government detailing paint scheme for review within one week following contract award.

5.0 CLIN 00200 – EXTENDED FIELD SUPPORT

This CLIN is for one trip including travel and labor coverage for manufacturer field service personnel to perform maintenance and minor repairs in the field. The trip will provide material, parts, and service to both car spotters at 6-months following delivery and shall be used for manufacturer’s recommended maintenance and warranty items. On-site support will take place at Portsmouth Naval Shipyard, Kittery, ME, 03805. The work proposed in this CLIN shall not extend beyond September 30, 2021.

6.0 GOVERNMENT REVIEW AND ACCEPTANCE

Technical inspection and acceptance of all work, performance, reports, and all deliverables under this contract shall be performed at the delivery location of Portsmouth Naval Shipyard, Kittery, ME, 03805, by the Contracting Officer Representative. Inspection and acceptance to be performed within 30 days after delivery.

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

Acceptance will take place after all deliverables are determined to be in compliance with this work statement including dynamic testing.

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

Dynamic testing shall be performed to show that the proposed car spotters will be capable of performing functions throughout the Navy yard. Areas of concern include extremely small radius rail curves and wayside obstacles and clearances, as shown in References 3.3, 3.4, and 3.5.

Dynamic testing shall include operating the spotter cars throughout the facility coupled to railway rolling stock to assess operation and wayside clearances. Railcar spotters will not be accepted if physical interferences exist with trackside obstacles identified in this statement of work. Railcar spotters will not be accepted if damage or permanent distortion occurs after operation at maximum capacity. Acceptance testing may include the following:

a. Witness car spotter(s) under normal operation successfully maneuver loaded railcars over a 3-percent grade (starting from a stopped position on the grade) when coupled at either end in forward and reverse directions.

b. Witness dynamic testing on rail segments chosen by the Government to be sure the equipment can operate and negotiate curves and grades safely and function properly and as designed. Rail segments include but are not limited to a section of track with a 125-ft radius curve, and a section of track with the following: 51.6

ft. of tangent track between two opposing curves, 150-ft. radius and 294-ft. radius.

7.0 DELIVERABLES

Deliverable Timetable: The specific deliverables for this contract are listed below in Table 1.

Table 1, Deliverables and Dates Task Deliverables Deliverable Dates

CLIN 00100 a. Two Car Spotters including manuals and one year supply of spare parts.

b. On-site Training

c. Drawing/schematic detailing Paint Scheme

a. Car spotters, manuals and spare parts to be delivered by February 1, 2021.

b. Training to occur within fourteen days following delivery of car spotters.

c. Within one week following contract award

CLIN 00200 Extended Field Support One trip to be planned around 6 months following delivery.

ATTACHEMNT 2

INSTRUCTIONS, CONDITIONS, REPRESENTATIONS AND NOTICE TO OFFERORS

(This section of the solicitation will not be part of the contract 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 TAM: available from CO upon request.

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

2.0 FAR 52.212-1 Instruction to Offerors – Commercial Items (JAN 2020)

2.1 Addenda to FAR Provision 52.212-1 Instructions to Offerors – Commercial Items

(JAN 2020);

Add paragraph (b)(1)(12):

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

1. Quotes must be received via email sent to david.berger@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 to notify the Contracting Officer of Internet inaccessibility prior to solicitation closing will automatically deem a quotation as late.

2. Quotations must be marked with Solicitation Number 6913G621Q300005.

3. The time of receipt of quotation is no later than 17 Nov 2020 at 2:30 PM Eastern Time.

The quotations must be submitted by email to: david.berger@dot.gov. No hard copy will be accepted.

4. Questions regarding this RFQ should be submitted via email to david.berger@dot.gov on or before 12 Nov 2020 at 2:30 PM Eastern Time. The Contracting Officer will provide, via an amendment to the solicitation, a response to all questions asked before close of business on 13 November 2020. Questions may submitted after this date and time, however, the Contracting Officer does not guarantee a response will be provided.

http://www.acquisition.gov/?q=browsefar http://www.transportation.gov/administrations/assistant-secretary-mailto:david.berger@dot.gov

2.2 Add paragraph (b)(1)(13):

Quotation Format

Quotations shall include a firm fixed price (FFP) proposal for CLINS 00100 and 00200 for the Railway Car Spotters requirement. The quotes will be split into two separate parts in their submission. First is a pricing schedule that will have all pricing, split into CLINs and as detailed as possible and necessary for this award as described below. Included with this will be the total amount and cost breakdowns as appropriate. Second is the technical narrative proposal. It will have all aspects of the deliverables for this solicitation. This second part will be devoid of any pricing, costs or total amounts.

For the pricing schedule, a separate price shall be provided for each CLIN and a unit price shall be provided for each of the two (2) new Railway Car Spotters. CLIN 00100 FFP pricing shall include delivery of the two (2) new Railway Car Spotters and the follow-on training. CLIN 00200 FFP pricing shall be for extended field support 2 trips planned 6 months after award.

Price reasonableness is expected to be obtained through price competition, however, data other than certified cost or pricing data (as described in FAR Subpart 15.403-3) may be requested if the Government has any difficulties in evaluating quotations.

Quotations shall include a technical narrative proposal describing the proposed method of manufacturing, modifying and delivering the railway car spotters. This narrative shall be limited to 5 pages in length, one sided, single spaced lines, and using Times New Roman font style. It should be 12 point size with one inch margins. For each railway car spotter, the quotation shall include the following:

1. A description of the Railway Car Spotters, detailing the ability to conform to the requirements of the Government’s SOW.

2. A brief description of the engineering effort if modification is required for the Railway Car Spotters to meet the SOW and references.

3. The date the Railway Car Spotters were originally built.

4. A brief description of the Offeror’s understanding of Portsmouth Naval Shipyard unique configuration for these two Railway Car Spotters requirements, including small-radius curves and wayside obstacles and clearances.

5. A brief narration/plan on meeting the delivery schedules of CLIN 00100 and CLIN 00200.

6. Description of and commitment to standard commercial warranty.

7. Recommended spare parts list, identifying the parts and quantities to be supplied to support each car spotter for one (1) year of service.

8. Acknowledgement of inspection and acceptance testing at destination.

Two (2) Railway Car Spotters and follow-on training shall be accounted for in the FFP CLIN 00100 quotation.

Field support shall be accounted for in the FFP CLIN 00200 quotation.

Vendors submitting a quotation shall ensure their System for Award Management (SAM) profiles are up-to-date and complete at the time of submission of the quotation and shall provide their Data Universal Numbering System (DUNS) number with its quotation.

2.3 Add paragraph (m):

2.3.1 The following FAR provisions are incorporated by reference:

52.204-7 System for Award Management OCT 2016

52.209-2 Prohibition on Contracting with Inverted Domestic Corporations – Representation

NOV 2015

52.215-20 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data

OCT 2010

2.4 Electronic Submission of Payment Requests (NOV 2020)

(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) The Department of Transportation utilizes the Delphi eInvoicing web-portal for processing invoices. For contractors submitting invoices, they will be required to submit invoices via Delphi eInvoicing which is accessed and authenticated via www.login.gov

(d) In order to receive payment and in accordance with the Prompt Payment Act, all invoices submitted as attachments in the Delphi eInvoicing web-portal 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, Quantity, unit price and unit of measure), 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) Other Supporting documentation: (i) For Cost Reimbursement type contracts or orders

(including the material element of T&M type awards), upload supporting documentation for claimed actual costs incurred and billed in the invoice. (ii) If the contract includes allowances for travel, all invoices which include charges pertaining to travel expenses will https://gcc01.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.login.gov%2F&data=04%7C01%7CDavid.Berger%40dot.gov%7C30573346fa7d4208761a08d87bff8bdc%7Cc4cd245b44f04395a1aa3848d258f78b%7C0%7C0%7C637395684775787078%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=XnZD0j4WA7C63uAEgRYrU7KDMk7EAhwZsvnjDVCTNrQ%3D&reserved=0 catalog a breakdown of reimbursable expenses with the appropriate receipts to substantiate the travel expenses uploaded as supporting documentation.

(e) Payment system registration. All persons accessing the Delphi eInvoicing web-portal will be required to have their own unique user Delphi eInvoicing ID and password and be credentialed through login.gov.

(1) Electronic authentication. See www.login.gov for instructions. Click on the following link for instructions on establishing a login.gov account: https://login.gov/ or https://login.gov/help/

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

(3) VOLPE’s POC (Office of Financial Management (OFM)) will be responsible for communication with the contractor POCs regarding the Delphi eInvoicing account creation process. Contractor POCs who will require access to the eInvoicing web-portal for invoice submission and payment tracking purposes will be required to provide their full name, valid email address, current phone number and contract/task order number to the VOLPE POC at:

volpeisupplieraccess@dot.gov to initiate the Delphi eInvoicing web-portal account.

Contractor users and the VOLPE POC will be notified via e-mail when the account is created.

The contractor user will be provided detailed instructions for logging into their Delphi eInvoicing account.

(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 the Delphi Help Desk when their firm’s points of contacts will no longer be submitting invoices so they can be removed from the system. Instructions for contacting the Delphi Help Desk can be found at http://einvoice.esc.gov

2.5 52.232-18 Availability of Funds (APR 1984)

Funds are not presently available for this contract. The Government’s obligation under this contract is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer.

(End Addenda)

3.0 The following FAR provisions are provided in full text:

52.212-2 – EVALUATION – COMMERCIAL ITEMS (OCT 2014)

https://gcc01.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.login.gov%2F&data=04%7C01%7CDavid.Berger%40dot.gov%7C30573346fa7d4208761a08d87bff8bdc%7Cc4cd245b44f04395a1aa3848d258f78b%7C0%7C0%7C637395684775787078%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=XnZD0j4WA7C63uAEgRYrU7KDMk7EAhwZsvnjDVCTNrQ%3D&reserved=0 https://gcc01.safelinks.protection.outlook.com/?url=https%3A%2F%2Flogin.gov%2F&data=04%7C01%7CDavid.Berger%40dot.gov%7C30573346fa7d4208761a08d87bff8bdc%7Cc4cd245b44f04395a1aa3848d258f78b%7C0%7C0%7C637395684775797035%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=QNmmWg6QaY5aFlXEcL%2BfhCuyvWhI%2F%2FZBYO9xRw3plak%3D&reserved=0 https://gcc01.safelinks.protection.outlook.com/?url=https%3A%2F%2Flogin.gov%2Fhelp%2F&data=04%7C01%7CDavid.Berger%40dot.gov%7C30573346fa7d4208761a08d87bff8bdc%7Cc4cd245b44f04395a1aa3848d258f78b%7C0%7C0%7C637395684775797035%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=6f6JH0QbNnptL0Zpf5okWZ7yV4DAYTxTXdaP7wh0waU%3D&reserved=0 mailto:volpeisupplieraccess@dot.gov https://gcc01.safelinks.protection.outlook.com/?url=http%3A%2F%2Feinvoice.esc.gov%2F&data=04%7C01%7CDavid.Berger%40dot.gov%7C30573346fa7d4208761a08d87bff8bdc%7Cc4cd245b44f04395a1aa3848d258f78b%7C0%7C0%7C637395684775806992%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=PyCS7obgvK0GF%2B166ms4ZyKyUnVg%2Ffxaqwo0oeOA0o4%3D&reserved=0 https://gcc01.safelinks.protection.outlook.com/?url=http%3A%2F%2Feinvoice.esc.gov%2F&data=04%7C01%7CDavid.Berger%40dot.gov%7C30573346fa7d4208761a08d87bff8bdc%7Cc4cd245b44f04395a1aa3848d258f78b%7C0%7C0%7C637395684775806992%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=PyCS7obgvK0GF%2B166ms4ZyKyUnVg%2Ffxaqwo0oeOA0o4%3D&reserved=0

The Government intends to award one firm fixed price (FFP) contract resulting from this solicitation to the responsible Offeror with the lowest price technically acceptable quote. Offers will be evaluated using Simplified Acquisition Procedures in accordance with FAR 13.106-2. Award will be made to the Contractor submitting the lowest price along with a technical narrative that lays out an acceptable technical understanding and plan for meeting the Railway Car Spotters configuration and delivery requirements of this Solicitation. In addition, all requests in these instructions must be satisfied as well.

While it is the Government's intent to make the award based upon initial quotations, the Government may determine during the evaluation period that it is necessary to conduct discussions. A written Purchase Order will be emailed to the Contractor submitting the successful quotation for the Contractor’s acceptance. The Contractor will accept the Purchase Order by adding its signature to the Standard Form 1449.

The specified NAICS is mandatory. All offerors will need to provide proof that they can work on the following NAICS code: 336510, Railroad Rolling Stock Manufacturing. Proof will be shown through their Reps. and Certs. See www.sam.gov. No substitutions will be considered at this time or will be accepted in the future unless an amendment to the solicitation has been made.

Disclosure of ownership of company. Ownership of offerors company will be disclosed to the Government. Offerors will disclosed ownership of their company to its highest level.

(End of Provision)

3.1 52.212-3 -- Offeror Representations and Certifications -- Commercial Items. (MAR 2020)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v)) of this provision.

(a) Definitions. As used in this provision— “Covered telecommunications equipment or services” has the meaning provided in the clause

52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

Economically disadvantaged women-owned small business (EDWOSB) concern means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part

127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

Forced or indentured child labor means all work or service—

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

Immediate owner means an entity, other than the offeror, that has direct control of the offeror.

Indicators of control include, but are not limited to, one or more of the following: ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

Inverted domestic corporation, means a foreign incorporated entity that meets the definition of an http://www.sam.gov/ inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

Manufactured end product means any end product in product and service codes (PSCs) 1000-9999, except—

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

Place of manufacture means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

Predecessor means an entity that is replaced by a successor and includes any predecessors of the predecessor.

Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174).

Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.“Sensitive technology”—

Sensitive technology—

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3)of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

Service-disabled veteran-owned small business concern—

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veteransor, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service connected, as defined in 38 U.S.C. 101(16).

Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.

Small disadvantaged business concern, consistent with13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that—

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by—

(i) One or more socially disadvantaged (as defined at13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

Subsidiary means an entity in which more than 50 percent of the entity is owned—

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation

Successor means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

Veteran-owned small business concern means a small business concern—

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C.

101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.

Women-owned small business concern means a small business concern—

(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

(b) (b)

(1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications in SAM

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications-Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard(s) applicable to the NAICS code(s) referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs .

[Offeror to identify the applicable paragraphs at (c) through (v) of this provision that the offeror has completed for the purposes of this solicitation only, if any.

These amended representation(s) and/or certification(s) are also incorporated in this offer and http://www.sam.gov/ are current, accurate, and complete as of the date of this offer.

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

(c) Offerors must complete the following representations when the resulting contract will be performed in the United States or its outlying areas. Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that it □is, □is not a small business concern.

(2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it □is, □is not a veteran-owned small business concern.

(3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it □ is, □ is not a service-disabled veteran-owned small business concern.

(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, that it □is, □is not a small disadvantaged business concern as defined in 13 CFR124.1002.

(5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it □ is, □ is not a women-owned small business concern.

(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that-

(i) It □ is, □ is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It □ is, □ is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: .] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that-

(i) It □ is, □ is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It □ is, □ is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture.