RMS IDIQ RFP 6913G626R200002 6.17.26.pdf

REQUEST FOR PROPOSALS

Rail Rolling Stock Modernization & Sustainment

Multiple-Award Indefinite Delivery, Indefinite Quantity Contracts

U.S. Department of Transportation John A. Volpe National Transportation Systems Center

Solicitation No.: 6913G626R200002 NAICS: 336510 – Railroad Rolling Stock Manufacturing PSC: 2220 – Rail Cars Competition Type: Full and Open Competition (Set-Aside: None) Acquisition Authority: FAR Part 12 (as deviated by DOT FAR Class Deviations 2026-24 and 2026-22) in conjunction with FAR Part 15 (as deviated by DOT FAR Class Deviations 2025-23 and 2026-22).

This Request for Proposals (RFP) is for a multi-award, Indefinite Delivery/Indefinite Quantity (IDIQ) contract vehicle conducted under full and open competition. While the IDIQ contracts are unreserved, the Government will apply a Small Business Right of First Refusal at the individual Order solicitation level, as described in Section H.2. This RFP includes innovative procurement techniques; they are listed in bullets below. The Periodic Table of Acquisition Innovations (PTAI) PDF Playbook (as well as the website- https://acquisitiongateway.gov/periodic-table), includes many resources and training aids for each.

• Advisory Down Select https://acquisitiongateway.gov/periodic-table/resources/4935?_a%5Eg_nid=12152

• Confidence Ratings https://acquisitiongateway.gov/periodic-table/resources/4935?_a%5Eg_nid=12151

• On-The-Spot Consensus https://acquisitiongateway.gov/periodic-table/resources/4936?_a%5Eg_nid=12146

This procurement utilizes a two-phase evaluation approach. Phase I will use confidence ratings strictly to provide an advisory down-select recommendation to Offerors regarding their likelihood of award. Phase I ratings are for advisory purposes only and will not be carried forward into Phase II; they will not factor into the final award decision. Phase II will require the submission of full proposals, which will be evaluated using adjectival ratings and price analysis. The final IDIQ contract decisions will be based solely on the evaluation factors presented in Phase II via a best value tradeoff determination. Responses submitted in Phase II will form the basis for the IDIQ contract awards and will directly inform the concurrent award of the Initial Task Order awards, as applicable.

TABLE OF CONTENTS

PART I – THE SCHEDULE 3

SECTION A - SOLICITATION/CONTRACT FORM 3

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS 8

SECTION C – STATEMENT OF WORK 10

SECTION D – PACKAGING AND MARKING 14

SECTION E - INSPECTION AND ACCEPTANCE 15

SECTION F - DELIVERIES OR PERFORMANCE 19

SECTION G – CONTRACT ADMINISTRATION DATA 20

SECTION H – SPECIAL CONTRACT REQUIREMENTS 30

PART II – CONTRACT CLAUSES 32

SECTION I – CONTRACT CLAUSES AND PROVISIONS 32

PART III – LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS 68

SECTION J – LIST OF ATTACHMENTS 68

PART IV - REPRESENTATIONS AND INSTRUCTIONS 68

SECTION K - REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS

OF OFFERORS 68

SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS 79

SECTION M – EVALUATION FACTORS FOR AWARD 91

PART I – THE SCHEDULE

SECTION A - SOLICITATION/CONTRACT FORM

SF-33

6913G626R200002

SOLICITATION, OFFER AND AWARD

4. TYPE OF SOLICITATION2. CONTRACT NUMBER 3. SOLICITATION NUMBER

7. ISSUED BY CODE 8. ADDRESS OFFER TO (If other than Item 7)

ORDER UNDER DPAS (15 CFR 700)

6. REQUISITION/PURCHASE NUMBER

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

NEGOTIATED (RFP)

SEALED BID (IFB)

5. DATE ISSUED

1. THIS CONTRACT IS A RATED RATING PAGE OF PAGES

1 4

C. E-MAIL ADDRESS

EXT.NUMBERAREA CODE

B. TELEPHONE (NO COLLECT CALLS)A. NAME

10. FOR

INFORMATION

CALL:

CAUTION: LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

(Date)(Hour) local timeuntildepository located in copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if hand carried, in the

SOLICITATION

9. Sealed offers in original and

PART IV - REPRESENTATIONS AND INSTRUCTIONS

OTHER STATEMENTS OF OFFERORS

EVALUATION FACTORS FOR AWARD

INSTRS., CONDS., AND NOTICES TO OFFERORS

REPRESENTATIONS, CERTIFICATIONS AND

LIST OF ATTACHMENTS

CONTRACT CLAUSES

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.

I

J

K

L

M SPECIAL CONTRACT REQUIREMENTS

CONTRACT ADMINISTRATION DATA

DELIVERIES OR PERFORMANCE

INSPECTION AND ACCEPTANCE

PACKAGING AND MARKING

DESCRIPTION/SPECS./WORK STATEMENT

SUPPLIES OR SERVICES AND PRICES/COSTS

SOLICITATION/CONTRACT FORM

PART II - CONTRACT CLAUSESPART I - THE SCHEDULE

H

G

F

E

D

C

B

A

SEC. DESCRIPTION PAGE(S) (X) DESCRIPTION SEC. (X)

11. TABLE OF CONTENTS

18. OFFER DATE17. SIGNATURE

SUCH ADDRESS IN SCHEDULE.

IS DIFFERENT FROM ABOVE - ENTER

15C. CHECK IF REMITTANCE ADDRESS

EXT.NUMBERAREA CODE

15B. TELEPHONE NUMBER

(Type or print)AND

ADDRESS

OF

OFFEROR

CODE FACILITY

16. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER15A. NAME

DATEAMENDMENT NO.DATEAMENDMENT NO.

and related documents numbered and dated):

amendments to the SOLICITATION for offerors

(The offeror acknowledges receipt of

14. ACKNOWLEDGEMENT OF AMENDMENTS

CALENDAR DAYS (%)30 CALENDAR DAYS (%)20 CALENDAR DAYS (%)10 CALENDAR DAYS (%)

(See Section I, Clause No. 52.232.8)

13. DISCOUNT FOR PROMPT PAYMENT

designated point(s), within the time specified in the schedule.

by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

OFFER (Must be fully completed by offeror)

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

28. AWARD DATE

(Signature of Contracting Officer)

27. UNITED STATES OF AMERICA

25. PAYMENT WILL BE MADE BY

26. NAME OF CONTRACTING OFFICER (Type or print)

CODE 24. ADMINISTERED BY (If other than Item 7)

ITEM

(4 copies unless otherwise specified)

23. SUBMIT INVOICES TO ADDRESS SHOWN IN

41 U.S.C. 3304 (a) ( 10 U.S.C. 2304 (c) (

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:

21. ACCOUNTING AND APPROPRIATION20. AMOUNT19. ACCEPTED AS TO ITEMS NUMBERED

AWARD (To be completed by government)

CODE

V3352308 X

6913G6

VOLPE NAT'L TRANSPORTATION SYS CNTR

220 Binney St.

Cambridge MA 02142-1001

1700 ET 07/01/2026

Patricia Barnett patricia.barnett@dot.gov

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PAGE(S)

Patricia Barnett

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition is unusable

STANDARD FORM 33 (REV. 6/2014)

Prescribed by GSA - FAR (48 CFR) 53.214(c)

4-7 8-10

10-14 14-15 15-19 19-20 20-29 30-32

32-68

68-79

79-91

91-96

12. In compliance with the above, the undersigned agrees, if this offer is accepted within _____120_________ calendar days (120 calendar days unless a different period is inserted

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

2 4

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

6913G626R200002

(A) (B) (C) (D) (E) (F)

This Request for Proposals (RFP) is for a multi-award, Indefinite Delivery/Indefinite

Quantity (IDIQ) contract vehicle conducted under full and open competition. These contracts provide for commercial rail products and services including but not limited to manufacture and refurbishment of locomotives, freight cars, railcar movers, and associated rolling stock;

preventive maintenance and inspection services;

corrective repair and overhaul; engineering diagnostics and technical support; and emergency repair services as described in accordance with

Section C, Statement of Work.

SUMMARY OF SUBMISSION TIMELINES

Detailed instructions are contained in the solicitation document.

Submission Method: All communications related to this solicitation, including questions and proposals, shall be submitted electronically via email to patricia.barnett@dot.gov, Cc:

matthew.phelps@dot.gov.

Phase I

-Phase I begins upon posting of this solicitation on SAM.gov, June 17, 2026.

-Phase I Questions and Clarifications Due Date:

June 24, 2026 at 5:00PM, ET

-Phase I Proposal Due Date: July 1, 2026, 5:00 PM

ET

Advisory Determination

Offerors will be notified of the Phase I advisory determination via email on or about July 15, 2026.

Phase II

-Mock and Initial Task Orders to be used for

Phase II evaluation will be posted on SAM.gov on or about July 15, 2026.

-Phase II Questions and Clarifications Due Date:

July 22, 2026 at 5:00PM, ET

-Phase II Proposal Due Date: July 31, 2026, 5:00

PM ET

Delivery Location Code: IDIQ

See Individual Task Orders

Period of Performance: 09/30/2026 to 09/30/2031

Continued ...

OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

NSN 7540-01-152-8067

3 4

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

6913G626R200002

(A) (B) (C) (D) (E) (F)

00100 LOCOMOTIVE MANUFACTURING - Manufacture or refurbishment of road-switcher locomotives identified in the Statement of Work.

00200 RAILCAR MANUFACTURING - Manufacture or refurbishment of railcars, including box car and flat cars identified in the Statement of Work.

FOB: Destination

00300 RAILCAR MOVER MANUFACTURING - Manufacture of rubber-wheeled railcar movers/spotters identified in the Statement of Work.

FOB: Destination

00400 SAFETY INSPECTION SUPPORT - Perform Federally

Mandated Locomotive and Railcar Safety

Inspections for all DoD locomotives and railcars identified in the Statement of Work.

FOB: Destination

00401 ANNUAL LOCOMOTIVE INSPECTION - Labor required to perform federally mandated safety inspections and technical service on Army locomotives identified in the Statement of Work.

FOB: Destination

00402 184-DAY LOCOMOTIVE INSPECTION - Labor required to perform federally mandated safety inspections and technical service on Army locomotives identified in the Statement of Work.

FOB: Destination

00403 92-DAY LOCOMOTIVE INSPECTION - Labor required to perform federally mandated safety inspections and technical service on Army locomotives identified in the Statement of Work.

FOB: Destination

00404 ANNUAL RAILCAR INSPECTION - Labor required to perform federally mandated safety inspections and technical service on Army railcars identified in the Statement of Work.

Continued ...

OPTIONAL FORM 336 (4-86)

Sponsored by GSA

4 4

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

6913G626R200002

(A) (B) (C) (D) (E) (F)

FOB: Destination

00405 TRAVEL - Travel associated costs for performing locomotive and railcar safety inspections identified in the Statement of Work.

FOB: Destination

00500 SUSTAINMENT SUPPORT - Provide material, perform repairs, troubleshooting and maintenance in the field as needed for all DoD locomotives and railcars identified in the Statement of Work.

FOB: Destination

00501 LOCOMOTIVE EMERGENCY REPAIRS SITE VISITS -

Provide material and perform repairs in the field as needed for all DoD locomotives identified in the Statement of Work.

FOB: Destination

00502 LOCOMOTIVE TECHNICAL SUPPORT SITE VISITS -

Provide troubleshooting, and maintenance for proper and safe operation for all DoD locomotives identified in the Statement of Work.

FOB: Destination

00503 TRAVEL - Travel associated costs for performing the sustainment support identified in the

Statement of Work.

FOB: Destination

00600 MINIMUM GUARANTEE

FOB: Destination

OPTIONAL FORM 336 (4-86)

Sponsored by GSA

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 Introduction

The U.S. Department of Transportation (U.S. DOT) Volpe Center in Cambridge, Massachusetts is issuing this competitive Request for Proposals (RFP) to solicit offers for the purpose of entering into multiple Indefinite Delivery, Indefinite Quantity (IDIQ) contracts for Rail Rolling Stock Modernization & Sustainment (RMS). This RFP does not commit the Government to pay for the preparation and submission of a proposal.

This is an RFP for commercial products and services conducted under FAR Part 12 (as deviated by DOT FAR Class Deviations 2026-24 and 2026-22) using the source selection procedures of FAR Part 15(as deviated by DOT FAR Class Deviations 2025-23 and 2026-22).

This solicitation document and incorporated provisions are those that are in effect through Federal Acquisition Circular 2026-01; effective 03/13/2026 as deviated by DOT FAR Class Deviations, including those to implement the Revolutionary FAR Overhaul, and FAR Subpart 16.5, DEVIATION OCTOBER 2025.

These contracts provide for commercial rail products and services including but not limited to manufacture and refurbishment of locomotives, freight cars, railcar movers, and associated rolling stock; preventive maintenance and inspection services; corrective repair and overhaul; engineering diagnostics and technical support; and emergency repair services as described in accordance with Section C, Statement of Work.

Any proposal that is non-compliant with any requested submission requirements of this RFP may immediately be removed from further consideration.

B. 2 Contract Type

The Government intends to award multiple IDIQ contracts to the responsible contractors whose proposals, in conforming to the RFP, including all attachments, provide the overall best value to the Government.

Both Delivery Orders and Task Orders (collectively referred to as “Orders”) issued under this IDIQ will be primarily Firm-Fixed-Price (FFP). Time-and-Materials (T&M) orders may be issued only when the Contracting Officer (CO) determines, in accordance with FAR 12.104(b) (RFO) and 16.601-3 (RFO), that no other contract type is suitable. Any T&M order will require appropriate determination and findings at the order level. The contract type at the order level will be determined by the CO based on the requirements, risk, and complexities associated with Orders.

B.3 Ordering Period

Five (5) years from date of award.

B.4 Minimum Guarantee

Each awardee will receive a minimum guarantee of $2,500 (See FAR 52.216-19 in Section I for Individual Order Limitations).

B.5 Maximum Ordering Limitation (Ceiling)

The total aggregate maximum ceiling for all awards issued under this IDIQ shall not exceed $268,000,000 over the five-year ordering period.

The Government makes no guarantee of orders beyond the minimum guarantee.

B.6 CLIN Structure

The structure of the contract line item numbers (CLINs) is shown below.

Item Number Description 00100 LOCOMOTIVE MANUFACTURING - Manufacture or refurbishment of

80-140 ton road-switcher locomotives identified in the Statement of Work.

00200 RAILCAR MANUFACTURING - Manufacture or refurbishment of railcars, including box car and flat cars identified in the Statement of Work.

00300 RAILCAR MOVER MANUFACTURING - Manufacture of rubber-wheeled railcar movers/spotters identified in the Statement of Work.

00400 SAFETY INSPECTION SUPPORT - Perform Federally Mandated

Locomotive and Railcar Safety Inspections for all DoD locomotives and railcars identified in the Statement of Work.

00401 ANNUAL LOCOMOTIVE INSPECTION - Labor required to perform federally mandated safety inspections and technical service on Army locomotives identified in the Statement of Work.

00402 184-DAY LOCOMOTIVE INSPECTION - Labor required to perform federally mandated safety inspections and technical service on Army locomotives identified in the Statement of Work.

00403 92-DAY LOCOMOTIVE INSPECTION - Labor required to perform federally mandated safety inspections and technical service on Army locomotives identified in the Statement of Work.

00404 ANNUAL RAILCAR INSPECTION - Labor required to perform federally mandated safety inspections and technical service on Army railcars identified in the Statement of Work.

00405 TRAVEL - Travel associated costs for performing locomotive and railcar safety inspections identified in the Statement of Work.

00500 SUSTAINMENT SUPPORT - Provide material, perform repairs, troubleshooting and maintenance in the field as needed for all DoD locomotives and railcars identified in the Statement of Work.

00501 LOCOMOTIVE EMERGENCY REPAIRS SITE VISITS - Provide material and perform repairs in the field as needed for all DoD locomotives identified in the Statement of Work.

00502 LOCOMOTIVE TECHNICAL SUPPORT SITE VISITS - Provide troubleshooting, and maintenance for proper and safe operation for all DoD locomotives identified in the Statement of Work.

00503 TRAVEL - Travel associated costs for performing the sustainment support identified in the Statement of Work.

00600 MINIMUM GUARANTEE

B.7. CLIN-Based Awards

Awards under this IDIQ may be made on a CLIN-by-CLIN basis. Offerors may submit proposals for one or more CLINs. The Government will evaluate proposals and make award determinations independently for each CLIN. The Government may make multiple awards by CLIN; however, offerors must be found eligible for award under the overall IDIQ evaluation to receive any CLIN-specific award.

SECTION C – STATEMENT OF WORK

Rail Rolling Stock Modernization & Sustainment Statement of Work

1. Objective The John A. Volpe National Transportation Systems Center (Volpe Center) is a Federal, fee-for-service organization within the United States Department of Transportation (USDOT). The Volpe Center’s Infrastructure, Engineering, and Deployment Division has a requirement to support the Department of Defense (DoD) modernization and sustainment initiatives for their domestic railroad fleet. The Volpe Center Office of Acquisitions intends to utilize a multi-year, multiple-award Indefinite Delivery Indefinite Quantity (IDIQ) contract, with a five-year ordering period. This approach will reduce time and Volpe Center resource requirements to acquire an estimated 4 to 8 road-switcher locomotives (80-ton to 140-ton), 20 to 80 freight cars, and other rolling stock per year to modernize the DoD fleet. The contract will also provide federally mandated safety inspections and sustainment support for the estimated 102 locomotives and 642 freight cars over the duration of the contract.

2. Scope This work will include, but is not limited to, manufacturing or refurbishment of locomotives, railway car spotters, and freight rail cars (boxcars, flat cars, and other types) and the in-the-field sustainment support (regulatory inspection/repair/maintenance) of new and existing rolling stock to be compliant with DOT, DoD, and industry safety and operational regulation/ requirements.

The requirement for sustainment support includes performing federally-mandated locomotive annual and periodic safety inspections per 49 CFR, and emergency maintenance as needed, on 102 DoD locomotives and 642 freight cars. The manufacturing/refurbishment requirements will range from 4 to 8 road-switcher locomotives and 20 to 80 freight cars per year.

Additionally, railway car spotter vehicles may be required during the 5-year contract life. The type and quantity of rolling stock manufacturing will be determined by the Volpe Center engineering staff and Program Manager in consultation with the DoD customers on a periodic basis.

3. Work to be Performed The contractor(s) shall provide the necessary personnel, facilities, materials, equipment, and services to perform the activities and supply the products or service as described by the individual Orders to be performed. The following areas of work are planned:

a. Safety Inspections Perform Federally Mandated Locomotive Safety Inspections (see Attachment 1 - Locomotives and Locations - please note these locations and quantities may be subject to change)

● Annual inspections on est. 102 locomotives

● 184-day inspections on approx. 30 EPA regulated locomotives

● 92-day inspections on approx. 20 to 75 EPA regulated locomotives

● Annual inspections on est. 642 railway cars

● Perform locomotive technical support

● Provide material and perform repairs in the field as needed for all DoD locomotives and railcars.

● Provide troubleshooting and maintenance for proper and safe operation of locomotives and railcars.

b. Manufacturing

● Manufacture and deliver new road-switcher locomotives adhering to current

AAR and FRA safety requirements.

● Manufacture and deliver new flatcars and boxcars adhering to current AAR and FRA safety requirements.

● Manufacture and deliver railway car spotter equipment (Rubber tire drive on rail).

4. Project Management Controls It is anticipated that this contract will be available to support over a period of five (5) years. The Contractor(s) may be required to maintain a formal Project Management System, including utilizing Microsoft Office or Google Workspace and Project-compatible software, to perform, maintain, and document the results from the following program management activities:

● Cost analysis and financial management

● Project Control (schedules, progress tracking, resource allocation, and reviews)

● Program risk analyses

● Configuration management

The Contractor may be required to prepare and conduct in-process reviews of the program. These may include the following:

● General progress reviews

● System design reviews

● Preliminary design reviews

● Critical design reviews

● Test readiness reviews

● System verification and validation

● Functional configuration audits

● Physical configuration audits

● Formal qualification reviews

● Logistics plans for delivery of locomotives, car spotters, and railcars

● Installation and readiness reviews

5. Regulatory and Standard Requirements

Locomotive, railway rolling stock, rail car mover, safety inspection and sustainment support shall comply with the sections from the applicable documents listed below.

All certifications must be held at the time of proposal submission.

a. Federal Documents

1. Code of Federal Regulations (CFR) Title 49, Chapter II, Part 200-299 (U.S.

DOT FRA)

2. 40 CFR Part 1033 emissions compliance for locomotive engines. (EPA)

a. Relevant: 40 CFR Part 1033 (control of emissions from locomotives) and related sections under 40 CFR addressing hazardous air pollutants and engine standards (NOx, PM, HC, CO).

3. Other environmental requirements include state-level air and water regulations and reporting where work will be performed.

b. Industry Documents

1. Association of American Railroads (AAR) - Manual of Standards and

Recommended Practices

2. Locomotives and railway rolling stock whether refurbished or newly built shall satisfy but not be limited to the following:

3. AAR Interchange Rules for delivery to destination by rail

4. The Official Railway Equipment Register

5. ASTM International - Material and test standards (e.g., ASTM steel specifications, material testing, fire and impact test methods used in components and assemblies).

6. SAE International - Engineering standards for electrical systems, interfaces, wiring, and components relevant to rolling stock.

7. AAR Specification M-1003 Quality Assurance Certified for CLIN 0100 and

CLIN 0200

8. ISO 9001 — Quality management systems for manufacturers for CLIN 0300 (Can be in addition to AAR M-1003 Certified for CLIN 0100 and CLIN 0200.)

9. ISO/TS 22163 (IRIS) — International Railway Industry Standard for quality management in the rail sector. (Can be in addition to AAR M-1003 for CLIN 0100 and CLIN 0200)

10. ANSI standards — for mechanical, electrical, and safety-related components as applicable.

6. Facility and Staff Requirements

1. All manufacturing, and related inspections and tests shall be conducted and documented at an AAR M-1003 certified facility.

2. At least one staff performing safety inspections and sustainment support shall meet the minimum requirements and hold the title of Qualified Mechanical Inspector per CFR, Title 49, Chapter II, Part 200-299 to sign regulatory inspection documents.

a. On-Site technical field service support and safety inspections requirement:

1. Military passes and badges: The Contractor shall obtain entry passes for vehicles and personnel necessary for gaining access to support the work required. The Contractor shall initiate access requests promptly and notify the COR within one (1) business day of any access delays that could affect inspection due dates.

2. Access requirements for personnel: Contractor staff performing work at U.S.

Government facility and military installations must meet requirements as set forth by the respective facilities and installations. Military installation access is controlled by the military. Contractors are responsible for verifying staff and contractors needing to enter a U.S. military base prior to staff and contractors arriving at the facility.

3. Equipment requirements: The contractor shall provide all tools, including diagnostic and test equipment, to conduct safety inspections of locomotives and railcars, conduct maintenance inspections, and to perform repairs and diagnostics in the field on-site where the locomotives and railcars are located.

4. Experience requirements: Contractor personnel shall have at least five (5) years appropriate level of experience and training in accordance with the Qualified Mechanical Inspector (QMI) definition to meet the QMI criteria in Title 49, Chapter II, Part 200-299: “Qualified mechanical inspector means a person who has received instruction and training that includes ‘hands-on’ experience (under appropriate supervision or apprenticeship) in one or more of the following functions: troubleshooting, inspection, testing, maintenance or repair of the specific locomotive equipment for which the person is assigned responsibility.

This person shall also possess a current understanding of what is required to properly repair and maintain the locomotive equipment for which the person is assigned responsibility. Further, the qualified mechanical inspector shall be a person whose primary responsibility includes work generally consistent with the functions listed in this definition” to conduct this work on DoD road-switcher locomotives, consisting of General Electric (GE), Electro-Motive Diesel (EMD) locomotive, NRE N-ViroMotive GenSet, and emerging alternate propulsion systems, the capability to troubleshoot all electronics components, operating software and hardware to perform safety inspections and in-field repairs with no less than 5 years’ experience inspecting and repairing railcars.

5. The Contractor's work shall not interfere with normal Government business. In those cases where some interference is unavoidable, the Contractor shall minimize the impact and effects of the interference and scheduling will be coordinated with the COR.

6. The Contractor shall notify the COR of any difficulty in scheduling work due to Government controls.

In some instances, training may be required prior to final acceptance of railway rolling stock deliverables. If training is associated with the Order, it will be defined in the appropriate deliverable or task and will include the following parameters: type (on-site/field/classroom), duration, manuals and handouts, number of attendees, tools, etc.

7. Delivery of Locomotives, Railcars, Railway Car Spotter Equipment In those instances when delivery of locomotives, railcars, or railway car spotters require the contractor to enter a U.S. military facility to conduct acceptance testing, repairs, and training, the contractor shall comply with the requirements stated in the Facility and Staff Requirements subsection of Section C(6).

8. Orders and Pricing Each Order associated with this contract shall be priced in accordance with the Statement of Work issued for each Order. All work must comply with applicable FRA regulations, AAR standards, EPA requirements, and military specifications as specified in individual Orders. Detailed requirements will be defined at the Order level. Orders may be awarded to one or more IDIQ contract holders.

9. Government Responsibility The Government shall furnish an Order specifying the services to be performed by the Contractor and any Government requirements, design data, standards, guide specifications and other information as required. The Government shall review all material submitted by the Contractor:

drawings, specifications, and cost estimates as required to support the issuance of Order RFQs and evaluation of quotes.

10. Government Furnished Property/Information No property or information shall be furnished to the contractor for the execution of this contract unless required at the Order level.

11. Travel The contractor will be expected to travel in the performance of Orders when applicable.

SECTION D – PACKAGING AND MARKING

D.1 PRESERVATION AND PACKAGING

The Contractor shall ensure that all items are preserved, packaged, packed, and marked in accordance with best commercial practices to meet packing requirements of the carrier and ensure safe delivery at destination.

D.2 MARKING

All items submitted to the Government shall be clearly marked as follows:

a. Name of contractor;

b. Contract number;

c. Description of items contained therein and associated CLIN;

d. Consignee's name and address; and

e. If applicable, packages containing software or other magnetic media shall be marked on external containers with a notice reading substantially as follows: "CAUTION:

SOFTWARE/MAGNETIC MEDIA ENCLOSED. DO NOT EXPOSE TO HEAT OR

MAGNETIC FIELDS."

SECTION E - INSPECTION AND ACCEPTANCE

E.1 GOVERNMENT INSPECTION AND ACCEPTANCE

In accordance with the Federal Acquisition Regulation clauses in Section I below, the Government will inspect and issue final acceptance of each CLIN outlined in the applicable Order Statement of Work when tendered by the Contractor in accordance with Section F herein.

The Government has the right to inspect all supplies and services required by the Order, to the maximum extent practicable, at any and all places and times and in any event before acceptance.

The COR will inspect work performed as applicable to each Order, and Contractor shall correct any deficiencies including line and surface that are identified.

Materials and workmanship shall be guaranteed to be free of defects for a period of one (1) year from date of final acceptance. Any part of the work considered defective by the COR within the guarantee period shall be replaced or corrected to the Government’s satisfaction without further expense to the Government.

52.246-2 Inspection of Supplies-Fixed-Price (AUG 1996)

(a) Definition. "Supplies," as used in this clause, includes but is not limited to raw materials, components, intermediate assemblies, end products, and lots of supplies.

(b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering supplies under this contract and shall tender to the Government for acceptance only supplies that have been inspected in accordance with the inspection system and have been found by the Contractor to be in conformity with contract requirements. As part of the system, the Contractor shall prepare records evidencing all inspections made under the system and the outcome. These records shall be kept complete and made available to the Government during contract performance and for as long afterwards as the contract requires. The Government may perform reviews and evaluations as reasonably necessary to ascertain compliance with this paragraph. These reviews and evaluations shall be conducted in a manner that will not unduly delay the contract work. The right of review, whether exercised or not, does not relieve the Contractor of the obligations under the contract.

(c) The Government has the right to inspect and test all supplies called for by the contract, to the extent practicable, at all places and times, including the period of manufacture, and in any event before acceptance. The Government shall perform inspections and tests in a manner that will not unduly delay the work. The Government assumes no contractual obligation to perform any inspection and test for the benefit of the Contractor unless specifically set forth elsewhere in this contract.

(d) If the Government performs inspection or test on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties. Except as otherwise provided in the contract, the Government shall bear the expense of Government inspections or tests made at other than the Contractor’s or subcontractor’s premises; provided, that in case of rejection, the Government shall not be liable for any reduction in the value of inspection or test samples.

(e)(1) When supplies are not ready at the time specified by the Contractor for inspection or test, the Contracting Officer may charge to the Contractor the additional cost of inspection or test.

(2) The Contracting Officer may also charge the Contractor for any additional cost of inspection or test when prior rejection makes reinspection or retest necessary.

(f) The Government has the right either to reject or to require correction of nonconforming supplies. Supplies are nonconforming when they are defective in material or workmanship or are otherwise not in conformity with contract requirements. The Government may reject nonconforming supplies with or without disposition instructions.

(g) The Contractor shall remove supplies rejected or required to be corrected. However, the Contracting Officer may require or permit correction in place, promptly after notice, by and at the expense of the Contractor. The Contractor shall not tender for acceptance corrected or rejected supplies without disclosing the former rejection or requirement for correction, and, when required, shall disclose the corrective action taken.

(h) If the Contractor fails to promptly remove, replace, or correct rejected supplies that are required to be removed or to be replaced or corrected, the Government may either (1)by contract or otherwise, remove, replace, or correct the supplies and charge the cost to the Contractor or (2) terminate the contract for default. Unless the Contractor corrects or replaces the supplies within the delivery schedule, the Contracting Officer may require their delivery and make an equitable price reduction. Failure to agree to a price reduction shall be a dispute.

(i)(1) If this contract provides for the performance of Government quality assurance at source, and if requested by the Government, the Contractor shall furnish advance notification of the time-

(i) When Contractor inspection or tests will be performed in accordance with the terms and conditions of the contract; and

(ii) When the supplies will be ready for Government inspection.

(2) The Government’s request shall specify the period and method of the advance notification and the Government representative to whom it shall be furnished. Requests shall not require more than 2 workdays of advance notification if the Government representative is in residence in the Contractor’s plant, nor more than 7 workdays in other instances.

(j) The Government shall accept or reject supplies as promptly as practicable after delivery, unless otherwise provided in the contract. Government failure to inspect and accept or reject the supplies shall not relieve the Contractor from responsibility, nor impose liability on the Government, for nonconforming supplies.

(k) Inspections and tests by the Government do not relieve the Contractor of responsibility for defects or other failures to meet contract requirements discovered before acceptance. Acceptance shall be conclusive, except for latent defects, fraud, gross mistakes amounting to fraud, or as otherwise provided in the contract.

(l) If acceptance is not conclusive for any of the reasons in paragraph (k) hereof, the Government, in addition to any other rights and remedies provided by law, or under other provisions of this contract, shall have the right to require the Contractor (1)at no increase in contract price, to correct or replace the defective or nonconforming supplies at the original point of delivery or at the Contractor’s plant at the Contracting Officer’s election, and in accordance with a reasonable delivery schedule as may be agreed upon between the Contractor and the Contracting Officer;

provided, that the Contracting Officer may require a reduction in contract price if the Contractor fails to meet such delivery schedule, or (2) within a reasonable time after receipt by the Contractor of notice of defects or nonconformance, to repay such portion of the contract as is equitable under the circumstances if the Contracting Officer elects not to require correction or replacement. When supplies are returned to the Contractor, the Contractor shall bear the transportation cost from the original point of delivery to the Contractor’s plant and return to the original point when that point is not the Contractor’s plant. If the Contractor fails to perform or act as required in paragraph (l)(1) or (l)(2) of this clause and does not cure such failure within a period of 10 days (or such longer period as the Contracting Officer may authorize in writing) after receipt of notice from the Contracting Officer specifying such failure, the Government shall have the right by contract or otherwise to replace or correct such supplies and charge to the Contractor the cost occasioned the Government thereby.

(End of clause)

52.246-4 Inspection of Services—Fixed-Price (AUG 1996)

a) Definition. “Services,” as used in this clause, includes services performed, workmanship, and material furnished or utilized in the performance of services.

(b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering the services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Government during contract performance and for as long afterwards as the contract requires.

(c) The Government has the right to inspect and test all services called for by the contract, to the extent practicable at all times and places during the term of the contract. The Government shall perform inspections and tests in a manner that will not unduly delay the work.

(d) If the Government performs inspections or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties.

(e) If any of the services do not conform with contract requirements, the Government may require the Contractor to perform the services again in conformity with contract requirements, at no increase in contract amount. When the defects in services cannot be corrected by performance, the Government may—

(1) Require the Contractor to take necessary action to ensure that future performance conforms to contract requirements; and

(2) Reduce the contract price to reflect the reduced value of the services performed.

(f) If the Contractor fails to promptly perform the services again or to take the necessary action to ensure future performance in conformity with contract requirements, the Government may—

(1) By contract or otherwise, perform the services and charge to the Contractor any cost incurred by the Government that is directly related to the performance of such service; or

(2) Terminate the contract for default.

(End of clause)

52.246-6 Inspection-Time-and-Material and Labor-Hour (MAY 2001)

(a) Definitions. As used in this clause- Contractor’s managerial personnel means any of the Contractor’s directors, officers, managers, superintendents, or equivalent representatives who have supervision or direction of-

(1) All or substantially all of the Contractor’s business;

(2) All or substantially all of the Contractor’s operation at any one plant or separate location where the contract is being performed; or

(3) A separate and complete major industrial operation connected with the performance of this contract.

Materials includes data when the contract does not include the Warranty of Data clause.

(b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering the material, fabricating methods, work, and services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Government during contract performance and for as long afterwards as the contract requires.

(c) The Government has the right to inspect and test all materials furnished and services performed under this contract, to the extent practicable at all places and times, including the period of performance, and in any event before acceptance. The Government may also inspect the plant or plants of the Contractor or any subcontractor engaged in contract performance. The Government shall perform inspections and tests in a manner that will not unduly delay the work.

(d) If the Government performs inspection or test on the premises of the Contractor or a subcontractor, the Contractor shall furnish and shall require subcontractors to furnish all reasonable facilities and assistance for the safe and convenient performance of these duties.

(e) Unless otherwise specified in the contract, the Government shall accept or reject services and materials at the place of delivery as promptly as practicable after delivery, and they shall be presumed accepted 60 days after the date of delivery, unless accepted earlier.

(f) At any time during contract performance, but not later than 6 months (or such other time as may be specified in the contract) after acceptance of the services or materials last delivered under this contract, the Government may require the Contractor to replace or correct services or materials that at time of delivery failed to meet contract requirements. Except as otherwise specified in paragraph (h) of this clause, the cost of replacement or correction shall be determined under the Payments Under Time-and-Materials and Labor-Hour Contracts clause, but the "hourly rate" for labor hours incurred in the replacement or correction shall be reduced to exclude that portion of the rate attributable to profit. The Contractor shall not tender for acceptance materials and services required to be replaced or corrected without disclosing the former requirement for replacement or correction, and, when required, shall disclose the corrective action taken.

(g)(1) If the Contractor fails to proceed with reasonable promptness to perform required replacement or correction, and if the replacement or correction can be performed within the ceiling price (or the ceiling price as increased by the Government), the Government may-

(i) By contract or otherwise, perform the replacement or correction, charge to the Contractor any increased cost, or deduct such increased cost from any amounts paid or due under this contract; or

(ii) Terminate this contract for default.

(2) Failure to agree to the amount of increased cost to be charged to the Contractor shall be a dispute.

(h) Notwithstanding paragraphs (f) and (g) of this clause, the Government may at any time require the Contractor to remedy by correction or replacement, without cost to the Government, any failure by the Contractor to comply with the requirements of this contract, if the failure is due to-

(1) Fraud, lack of good faith, or willful misconduct on the part of the Contractor’s managerial personnel; or

(2) The conduct of one or more of the Contractor’s employees selected or retained by the Contractor after any of the Contractor’s managerial personnel has reasonable grounds to believe that the employee is habitually careless or unqualified.

(i) This clause applies in the same manner and to the same extent to corrected or replacement materials or services as to materials and services originally delivered under this contract.

(j) The Contractor has no obligation or liability under this contract to correct or replace materials and services that at time of delivery do not meet contract requirements, except as provided in this clause or as may be otherwise specified in the contract.

(k) Unless otherwise specified in the contract, the Contractor’s obligation to correct or replace Government-furnished property shall be governed by the clause pertaining to Government property.

(End of clause)

52.246-16 Responsibility for Supplies (APR 1984)

(a) Title to supplies furnished under this contract shall pass to the Government upon formal acceptance, regardless of when or where the Government takes physical possession, unless the contract specifically provides for earlier passage of title.

(b) Unless the contract specifically provides otherwise, risk of loss of or damage to supplies 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) Acceptance by the Government or delivery of the supplies to the Government at the destination specified in the contract, whichever is later, if transportation is f.o.b. destination.

(c) Paragraph (b) of this clause shall not apply to supplies that so fail to conform to contract requirements as to give a right of rejection. The risk of loss of or damage to such nonconforming supplies remains with the Contractor until cure or acceptance. After cure or acceptance, paragraph

(b) of this clause shall apply.

(d) Under paragraph (b) of this clause, the Contractor shall not be liable for loss of or damage to supplies caused by the negligence of officers, agents, or employees of the Government acting within the scope of their employment.

(End of clause)

SECTION F - DELIVERIES OR PERFORMANCE

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

NUMBER TITLE DATE

52.242-15 Stop-Work Order AUG 1989

52.242-17 Government Delay of Work APR 1984 52.247-34 F.O.B. Destination JAN 1991 52.247-58 Loading, Blocking, and Bracing of

Freight Car Shipments.

APR 1984

CLAUSES INCORPORATED BY FULL TEXT

F.1 CONTRACT PERIOD OF PERFORMANCE

The ordering period of this contract shall be five (5) years from issuance of award. The actual performance may be beyond the ordering period as orders may be placed at the end of the ordering period.

F.2 PLACE OF DELIVERY/PERFORMANCE

The place of delivery/performance called for under this contract shall be set forth in each Order.

52.216-32 Task-Order and Delivery-Order Ombudsman (SEP 2019)

(a) In accordance with 41 U.S.C. 4106(g), the Agency has designated the following task-order and delivery-order Ombudsman for this contract. The Ombudsman must review complaints from the Contractor concerning all task-order and delivery-order actions for this contract and ensure the Contractor is afforded a fair opportunity for consideration in the award of orders, consistent with the procedures in the contract. In accordance with TAR 1216.505 Ordering, the Ombudsman for Orders under the IDIQ is Michael Finn; 220 Binney St, Cambridge, MA 02142; (617) 494-329;

michael.finn@dot.gov.

(b) Consulting an ombudsman does not alter or postpone the timeline for any other process (e.g., protests).

(c) Before consulting with the Ombudsman, the Contractor is encouraged to first address complaints with the Contracting Officer for resolution. When requested by the Contractor, the Ombudsman may keep the identity of the concerned party or entity confidential, unless prohibited by law or agency procedure.

(End of clause)

SECTION G – CONTRACT ADMINISTRATION DATA

The Contracting Officer (CO): The CO for this contract is: Patricia Barnett;

patricia.barnett@dot.gov

The Contracting Officer’s Representative (COR): The COR for this contract is: John Wojtowicz;

john.wojtowicz@dot.gov

G.1 TAR 1252.201-70 CONTRACTING OFFICERS REPRESENTATIVE (NOV 2022)

(a) The Contracting Officer may designate Government personnel to act as the Contracting

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

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

G.2 RESPONSIBILITY FOR CONTRACT ADMINISTRATION (JUL 2015)

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

However, the CO may delegate certain other responsibilities to authorized representatives.

COR: A COR will be designated by the CO. The responsibilities of the COR include, but are not limited to, inspecting and monitoring the Contractor's work, determining the adequacy of performance by the Contractor in accordance with the terms and conditions of this contract, acting as the Government's representative in charge of work at the site to ensure compliance with contract requirements in so far as the work is concerned, and advising the CO of any factors which may cause delay in performance of the work. The COR does not have the authority to make new assignments of work or to issue directions that cause an increase or decrease in the price of this contract or otherwise affect any other contract terms.

(End of clause)

G.3 TECHNICAL DIRECTION (JUL 2015)

Performance of work shall be under the technical direction of the COR. As used herein, “technical direction” is limited to direction to the Contractor that fill in details or otherwise complete the specific description of work set forth in the contract. This direction may not include new assignments of work, or may not be of such a nature as to cause an increase or decrease in the estimated cost of the contract, or otherwise affect any other provision of this contract.