6923G522R0578-Visitors Center Solicitation Document.pdf

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

6923G522R0578

2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED

05 May 2022

PAGE OF PAGES

IMPORTANT – The “offer” section on the reverse must be fully completed by offeror.

4. CONTRACT NO.

5. REQUISITION/PURCHASE REQUEST NO.

2022-N-P-0578

6. PROJECT NO.

7. ISSUED BY CODE 8. ADDRESS OFFER TO

See Item 7

U.S. Department of Transportation Great Lakes St. Lawrence Seaway Development Corporation Attn: Contracting Office 180 Andrews Street Massena, New York 13662

9. FOR INFORMATION

CALL: ► A. NAME

Katie Maloney B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS) 315.764.3260

SOLICITATION

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

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying no., date):

Project: Eisenhower Lock Visitors’ Center Construction located in Massena, New York

This acquisition is solicited as a 100% Small Business Set-Aside: NAICS code 236220, Commercial and Institutional Building Construction, Size standard - $39,500,000.00.

In accordance with FAR 36.204, the magnitude of this construction project is between $5,000,000.00 and $10,000,000.00.

This acquisition will be awarded in accordance with FAR Part 15. Offerors must be registered in the System for Award Management (www.SAM.gov) .

Site Visit: Tuesday, 10 May 2022, 10:00am EST: See FAR 52.236-27; Site Visit (Construction)

RFIs due: Monday, 16 May 2022, 2:00pm EST. Email to: purchasing@dot.gov and katie.maloney@dot.gov.

A Bid Bond (SF24) is required with proposal submission. Performance (SF25) and Payment (SF25a) bonds are required ten(10) calendar days after award.

Proposal due: Monday, 30 May 2022, 2:00pm EST. Email only to: purchasing@dot.gov and katie.maloney@dot.gov .

11. The Contractor shall begin performance within 10 calendar days and complete it within 480 calendar days after receiving the notice to proceed.

This performance period is mandatory, negotiable. (See FAR 52.211-10)

12A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If “YES,” indicate within how many calendar days after award in Item 12B.)

YES NO

12B. CALENDAR DAYS

13. ADDITIONAL SOLICITATION REQUIREMENTS::

A. Sealed offers in original and 1 copy to perform the work required are due at the place specified in Item 8 by 2:00 (hour) local time 30 May 2022 (date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror’s name and address, the solicitation number, and the date and time offers are due.

B. An offer guarantee is, is not required.

C. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

D. Offers providing less than 90 calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

http://www.sam.gov/ mailto:purchasing@dot.gov mailto:katie.maloney@dot.gov mailto:purchasing@dot.gov mailto:katie.maloney@dot.gov

OFFER (Must be fully completed by offeror)

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code)

15. TELEPHONE NO. (Include area code)

16. REMITTANCE ADDRESS (Include only if different than Item 14)

See Item 14

CODE FACILITY CODE

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government in writing within calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.)

AMOUNTS ►

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the solicitation – give number and date of each)

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER

(Type or print)

20B. SIGNATURE 20C. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

10 U.S.C. 2304(c) ( ) 41 U.S.C. 253(c) ( )

26. ADMINISTERED BY CODE 27. PAYMENT WILL BE MADE BY

U.S. Department of Transportation Saint Lawrence Seaway Development Corporation Finance Office 180 Andrews Street Massena, New York 13662

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return _________ copies to issuing office.) Contractor agrees to furnish and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract.

29. AWARD ( Contractor is not required to sign this document.) Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO

SIGN (Type or print)

31A. NAME OF CONTRACTING OFFICER (Type or print)

30B. SIGNATURE 30c. DATE 31B. UNITED STATES OF AMERICA

BY

31C. DATE

6923G522R0578

PART I

SECTION A

TABLE OF CONTENTS

SECTION DESCRIPTION PAGES

PART I – THE SCHEDULE

A SOLICITATION/CONTRACT FORM – TABLE OF CONTENTS 1 – 3

B SUPPLIES OR SERVICES AND PRICES/COSTS 4

C DESCRIPTION/SPECS/WORK STATEMENT 5 - 11

D PACKAGING AND MARKING 12

E INSPECTION AND ACCEPTANCE 13

F DELIVERIES OR PERFORMANCE 14- 15

G CONTRACT ADMINISTRATION DATA 16- 19

H SPECIAL CONTRACT REQUIREMENTS 20 - 21

PART II – CONTRACT CLAUSES

I CONTRACT CLAUSES 22- 30

PART III – LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

J LIST OF ATTACHMENTS 31

PART IV – REPRESENTATIONS AND INSTRUCTIONS

K REPRESENTATIONS, CERTIFICATIONS AND OTHER

STATEMENTS OF OFFERORS 32 - 36

L INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS 37 - 42

M EVALUATION OFFERS FOR AWARD 43- 46

END OF SECTION A

SECTION B

SUPPLIES OR SERVICES AND PRICES/COSTS

ITEM UNIT

NO DESCRIPTION QUANTITY UNIT PRICE

Bid Schedule

Furnish all plant, labor, equipment, and materials and perform all work for:

0001 Performing civil/site work including mobilization, excavation and backfill, storm sewers and culverts, utilities, pavement, access road, grading, topsoil, seeding, site restoration, and demobilization.

1 Job $______________

0002 Constructing the concrete foundations and interior/exterior concrete slabs.

0003 Constructing the steel-framed masonry building complete with all exterior finishes, furnishings, and fixtures.

0004 Installing the building water supply and wastewater plumbing including piping, equipment, fixtures, and connections to utilities.

0005 Installing the building mechanical heating, ventilation, and air conditioning systems including piping, ductwork, equipment, controls, and fixtures.

0006 Installing the building electrical, communications, and fire alarm systems including wiring, equipment, fixtures, and connections to utilities.

0007 Installing the building interior finishes, excluding the graphic exhibits scope of work, complete with all specified surfaces, furnishings, equipment, and fixtures.

0008 Furnishing and installing the graphic exhibits scope of work complete with all specified surfaces, furnishings, equipment, and fixtures.

0009 Demolishing the existing Visitors’ Center building and removing/recycling all materials and components, terminating existing utilities, and site restoration.

Total for All Items $______________

NOTE TO OFFEERORS:

1. The offeror shall provide pricing for all line items to be considered responsive.

2. The offeror shall provide a detailed cost breakdown to support each line item; labor, material and overhead.

Signature Date

END OF SECTION B

SECTION C

DESCRIPTION/SPECIFICATIONS/WORK

STATEMENT SPECIAL PROVISIONS

C.1. DESCRIPTION OF WORK.

The work covered by these specifications consists of furnishing all plant, labor, equipment, and materials, and perform all work to erect a new steel-framed masonry building for the Eisenhower Lock Visitors’ Center, which is located on the south side of Eisenhower Lock at 76 Barnhart Island Road, in the Town of Massena, New York. This work includes the following: general site work and grading, paving, access road, temporary and permanent fencing including secured pedestrian walkways, foundation and floor slab construction, building erection, building interior furnishings, interior finishes, plumbing systems, heating, ventilating and air conditioning (HVAC) systems, electrical, communications and fire alarm systems, storm and sanitary sewer systems, connections of building utilities to existing tie-in points, and storm water control as required for regulatory compliance. The work includes the fabrication and installation of displays and exhibits in the new Visitors’ Center and existing Security Building.

The work also includes demolishing an existing steel-framed masonry building, terminating all utilities for the same, and restoring the surrounding site conditions as specified.

C.2. TECHNICAL SPECIFICATIONS AND CONTRACT DRAWINGS.

The Technical Specifications and contract drawings are being furnished to the Contractor per Part III, Section J, List of Attachments, in an electronic (PDF) format. The technical specifications, together with this work statement, the contract drawings, drawing notes and annotations, and any referenced nationally recognized standards form the project specifications. Product manufacturer’s recommendations, instructions, installation details, design data, etc.

in approved submittals shall also form a part of the project specifications where referenced.

C.3. WORK SITE REQUIREMENTS.

a. General. The Contractor acknowledges that he/she has satisfied himself/herself as to the nature and location of the work, the general and local conditions, including but not restricted to those bearing upon transportation, disposal, handling, and storage of materials, availability of labor, water, electric power, roads, and uncertainties of weather or similar physical conditions at the site, the conformation and condition of the ground and structures, and the character of equipment and facilities needed preliminary to and during prosecution of the work. The Contractor further acknowledges that he/she has satisfied himself/herself as to the character, quality, and quantity of surface and subsurface materials or interference from existing structures or related facilities to be encountered insofar as this information is reasonable ascertainable from an inspection of the site as well as from information presented by the contract drawings and these specifications. If the Contractor fails to properly acquaint himself/herself with the available information and existing work site conditions, he/she will not be relieved from responsibility for properly estimating the cost of successfully performing the work.

b. Utilities. The Contractor shall be responsible for providing and maintaining, at his/her own expense, any utilities required for the performance of the work. However, a load center capable of supplying 480 and 208V AC, 60A will be made available by GLS for the Contractor’s use within 150 feet of the proposed facility. Contractor shall provide all the necessary extension cords and GFCI protection as required to connect to GLS’ load center. Contractor shall be responsible for safely connecting the load center to GLS’ facilities and safely connecting the Contractor’s equipment to the load center. GLS’ power supply is often interrupted without notice and for unknown durations and therefore should not be considered reliable for critical operation

c. Potable Water. Any potable water required shall be provided by the Contractor at his/her own expense.

d. Sanitation. The Contractor shall provide chemical toilets within his/her work areas, which shall comply fully with the New York State Department of Health Standards. The capacity of the toilets shall be sufficient to provide for the needs of the Contractor’s people, and all waste material from the toilets shall be disposed of away from the site in accordance with New York State Department of Environmental Conservation (NYSDEC) Regulations. The Contractor shall be responsible for keeping his/her work areas clean of refuse of any kind and shall dispose of all refuse off the site.

e. Parking Areas. The Contractor and his/her work crews shall park their vehicles in areas designated by the Contracting Officer’s Representative (COR). Vehicles required to transport equipment and materials to and from the work site shall not be parked at the work site for long periods of time without the prior approval of the COR.

f. Work Areas. The work area required by this contract is located on the south side of Eisenhower Lock at the Eisenhower Lock Visitors’ Center.

g. Restricted Areas. The Contractor shall be required to confine his/her operations to the work area as designated in the previous subparagraph. The adjacent access roads, parking areas and buildings, except as required to perform required work, shall be kept free of the Contractor’s personnel, materials, and equipment.

h. Existing Conditions and/or Existing Features. Access to the existing Corporation buildings and facilities must be maintained so that Corporation personnel can perform operations and maintenance activities as required. This also applies to work performed inside any existing Corporation buildings or facilities. The existing Visitor’s Center building shall remain in service until the new building is completed and ready to be placed in service. Once the new building is serviceable, demolition of the existing facilities and capping/termination of relevant utilities can commence. The Visitors’ Center is open to the public approximately from Memorial Day to Labor Day. Since a portion of the work will be carried out at a time when the existing Visitors’ Center is open to the public, the Contractor must maintain safe public access to the existing security/restroom building and existing Visitors’ Center and these facilities and must provide temporary fencing, barricades, and signage to direct visitors accordingly.

C.4. LAYOUT OF WORK.

The Contractor shall furnish, at his/her own expense, all stakes, templates, platforms, equipment, range markers, or other such guides as may be required in laying out any part of the work. The Contractor will be held responsible for the execution of the work to such lines and grades as are indicated on the contract drawings and/or may be established or indicated by the COR. It shall be the responsibility of the Contractor to maintain and preserve all controls established by the COR until authorized to remove them.

C.5. CONTRACTOR-FURNISHED MATERIALS.

a. General. The Contractor shall furnish all materials and services that are required for the satisfactory completion of this contract as described in the Technical Specifications and in the drawings as applicable. All materials furnished by the Contractor shall be of the type and quality described in the Technical Specifications and drawings and shall be of sufficient quality to perform the intended purpose.

b. Federal Sustainable Acquisition Requirements.

1) Underwriters Laboratories, Inc. (UL™) Standards. Where items/materials to be supplied are available with

UL™ standard of approval, they shall be provided including Health and Sustainability standards as created through UL™ Environment and the GREENGUARD Environmental Institute (GEI). Where determined that the UL™ standard is in conflict with Paragraph a. below, Paragraph a. shall take precedence over meeting the UL™ standard.

2) Compliance with Executive Orders. Pursuant to Executive Order 13423, “Strengthening Federal

Environmental, Energy and Transportation Management,” and Executive Order 13514, “Federal Leadership in Environmental, Energy and Economic Performance,” the Contractor shall exert its best efforts to provide its services in a manner that will promote the natural environment and protect the health and well-being of Federal employees and contract service providers. To the extent that the construction services provided by the Contractor require provision of any of these types of products, the Contractor is expected to provide the green type of product unless that type of product is not available competitively within a reasonable time, at a reasonable price, is not life cycle cost efficient in the case of energy consuming products, or does not meet reasonable performance standards.

a) Energy Independence and Security Act of 2007, Energy Policy Act of 2005, Executive Orders and

Federal Acquisition Regulation (FAR) Compliance. The Contractor shall comply with Sections 524 and Sections 525 of the Energy Independence and Security Act of 2007; Section 104 of the Energy Policy Act of 2005; Executive Order 13514, “Federal Leadership in Environmental, Energy, and Economic Performance,” dated October 5, 2009; Executive Order 13423, “Strengthening Federal Environmental, Energy, and Transportation Management,” dated January 24, 2007; and the Federal Acquisition Regulation (FAR) to provide ENERGY STAR® qualified and FEMP designated products in performance of construction.

The Contractor shall ensure that construction is performed with products that meet and/or exceed ENERGY STAR qualified and FEMP designated guidelines. The Contractor shall provide products that earn the ENERGY STAR label and meet the ENERGY STAR specifications for energy efficiency. The Contractor shall utilize ENERGY STAR qualified products as specified at www.energystar.gov/products, where can be found complete product specifications and updated lists of qualifying products. The Contractor shall utilize the purchasing specifications as specified for FEMP designated products at www.femp.energy.gov/procurement. The Contractor shall use these products to the maximum extent possible without jeopardizing the intended end use or detracting from the overall quality delivered to the end user.

The following is a list of construction products for which ENERGY STAR qualified and FEMP designated products are available. It is not all inclusive and is evolving.

− Air Conditioners − Ballasts − Boilers − Chillers − Doors − Electric Motors − Furnaces − Heat Pumps − Lamps − Lighting Controls − Luminaries − Plumbing (faucets, showerheads) − Roofs − Seals and Insulate − Windows

The Corporation believes that a demonstration of how to use ENERGY STAR qualified and FEMP designated products, creation of an effective training program for the products selected, and technical assistance are central to the selection and eventual success of purchasing and using ENERGY STAR qualified and FEMP designated products.

The Contractor shall comply with the clause at FAR 52.223-15, Energy Efficiency In Energy- Consuming Products.

The Contractor shall report on the purchases of ENERGY STAR qualified and FEMP designated products in the performance of this contract. The report shall include the following:

http://www.energystar.gov/products

(1) A list of all energy consuming products purchased during the past quarter.

(2) A list of all ENERGY STAR qualified and FEMP designated products purchased during the past quarter.

(3) For each ENERGY STAR qualified or FEMP designated product purchased, include the savings in dollars and Btu’s due to the purchase of the product.

(4) Percentage of purchased products that are ENERGY STAR qualified and FEMP designated against the total number of energy consuming products purchased.

(5) Total value of the purchased products that are ENERGY STAR qualified and FEMP designated against the dollar value of all energy consuming products purchased.

The Contractor shall add the following service, surveillance methodology, and performance threshold to the present Performance Requirements for Construction:

(1) Required Service - Performance Objective/Standard – Ensure the mandatory purchasing of ENERGY STAR qualified and FEMP designated products.

(2) Surveillance Methodology/ Method of Assessment – Random Sampling.

(3) Performance Threshold – Up to 100 % compliance, assuming life cycle cost efficient.

b) Use of Low Emitting Materials. The Contractor shall include the use of low emitting materials for building modifications and construction, and maintenance and cleaning when applicable during the Contract period.

In particular, the following materials and products are to have low pollutant emissions: composite wood products, adhesives, sealants, interior paints and finishes, solvents, carpet systems, janitorial supplies, and furnishings.

c) Use of Integrated Pest Management Practices and Products. The Contractor shall include the use integrated pest management techniques as appropriate to minimize pesticide usage within the project. Only EPA-registered pesticides will be used and only when needed.

d) EPA's Recycled Content Recommendations for Building Construction and Modifications, Maintenance, and Cleaning. Per section 6002 of RCRA, for EPA-designated products, the Contractor shall meet or exceed EPA's recycled content recommendations for building modifications and construction, and maintenance and cleaning when applicable during the Contract period. For other products, use materials with recycled content such that the sum of postconsumer recycled content plus one-half of the pre-consumer content constitutes at least 10% (based on cost or weight) of the total value of the materials in the project.

EPA's recycled content products designations and recycled content recommendations are available on EPA's Comprehensive Procurement Guideline web site at www.epa.gov/cpg.

e) USDA's Biobased Content Recommendations for New Buildings, Building Modifications, Maintenance and Cleaning. Per section 9002 of Farm Security and Rural Investment Act, for USDA-designated products, the Contractor shall use products with the highest content level per USDA's biobased content recommendations. For other products, the Contractor shall use biobased products made from rapidly renewable resources and certified sustainable wood products. If these designated products meet performance requirements and are available at a reasonable cost, a preference for incorporating them into the project shall be provided. USDA's biobased product designations and biobased content recommendations are available on USDA's BioPreferred web site at www.usda.gov/biopreferred.

f) Use of Products That Have a Lesser or Reduced Effect on Human Health and the Environment. The Contractor shall use products that have a lesser or reduced effect on human health and the environment over their lifecycle when compared with competing products or services that serve the same purpose. A number of standards and ecolabels are available in the marketplace to assist in making environmentally preferable decisions. For recommendations, consult the Federal Green Construction

g) Guide for Specifiers at www.wbdg.org/design/greenspec.php.

http://www.epa.gov/cpg http://www.usda.gov/biopreferred http://www.wbdg.org/design/greenspec.php

h) Reuse and Recycling of Materials. The Contractor shall provide salvage and/or recycle materials generated from building demolition, construction and/or renovations to the greatest extent practical and feasible in the regional market.

i) Eliminate/Minimize the Use of Ozone Depleting Compounds. The Contractor shall eliminate/minimize the use of ozone depleting compounds in the project where alternative environmentally preferable products are available, consistent with either the Montreal Protocol and Title VI of the Clean Air Act Amendments of 1990, or equivalent overall air quality benefits that take into account lifecycle impacts.

C.6. ENVIRONMENT PROTECTION.

a. General. For the purpose of this specification, environment protection is defined as the retention of the environment in its natural state to the greatest possible extent during project construction and the enhancement of the natural appearance in its final condition. Environment protection requires consideration of air, water, and land resources, and involves noise, solid waste management, and management of liquid and gaseous pollutants, radiant energy and radioactive materials as well as other pollutants. In order to prevent, and provide for abatement and control of any environmental pollution arising from the construction activities in the performance of this contract, the Contractor and his/her subcontractors shall investigate and comply with all Federal, State, and local laws and regulations concerning environmental pollution control and abatement. Any non-compliance shall be immediately corrected and the Corporation notified.

b. Notification. The Contracting Officer will notify the Contractor whenever the Corporation detects any noncompliance with the Federal, State, and/or local laws and regulations. Such notice, when delivered to the Contractor or his/her authorized representative at the site of the work, shall be deemed sufficient for the purpose. The Contractor shall, after receipt of such notice, immediately inform the COR of the proposed corrective action, and take such action as may be approved. If the Contractor fails or refuses to comply promptly, the Contracting Officer may issue an order stopping all or a part of the work until satisfactory corrective action has been taken. No part of the time lost due to any such stop order shall be made the subject of a claim for extension of time or for excess costs or damages incurred by the Contractor. If the Contractor fails or refuses to comply promptly, the Contracting Officer may also take action to correct the noncompliance at the expense of the Contractor.

c. Protection of Land Resources. The land resources within the project boundaries and outside the limits of permanent work performed under this contract shall be preserved in their present condition, or be restored to a condition after completion of construction that will appear to be natural and not detract from the appearance of the project. The Contractor shall confine his/her activities to areas defined by the contract plans and specifications.

d. Protection of Water Resources. The Contractor shall not pollute protected waters with fuels, oils, bitumens, calcium chloride, acids, insecticides, herbicides, or other harmful materials. The Contractor shall identify and comply with all applicable Federal, State, and local laws and regulations concerning pollution of protected waters.

C.7. SITE VISIT.

Prospective bidders are urged and expected to visit the work site prior to entering a bid to determine the extent of work required. See FAR 52.236-27 Site Visit (Construction).

C.8. PLANT.

The Contractor shall furnish all plant to meet the requirements of the work. The Contractor-furnished plant shall be in satisfactory operating condition and capable of safely and efficiently performing the work. The plant shall always be subject to the inspection of the COR. The Contractor shall indicate the minimum plant that he/she agrees to place on the job in the “Statement of Plant”, PART IV, SECTION K. The listing of such equipment is not to be construed as an agreement on the part of the Corporation that the equipment is adequate for the performance of the work.

C.9. DISPOSAL OF SPOIL.

Any waste material to be spoiled in the prosecution of the work will be removed from the work site by the Contractor and disposed of at his/her own expense in strict accordance with New York State Department of Environmental Conservation (NYSDEC) and other applicable regulations. The Corporation will allow clean soils, concrete, concrete truck washings, and pavement to be disposed of on Corporation property at the designated spoil area north of Eisenhower Lock.

C.10. DISPOSAL BY BURNING.

Burning will not be permitted.

C.11. USE OF EXPLOSIVES.

Blasting will not be permitted.

C.12. SAFETY.

The Williams-Steiger Occupational Safety and Health Act of 1970 (as amended) as set forth in 29 CFR 1926/1910, shall govern this contract. The U.S. Department of Transportation (DOT) Acquisition Directive (DAD) establishes the policy and procedures for on-site contractors reporting to a DOT facility or operational location during the on-going COVID-19 pandemic. The most up-to-date information regarding the COVID-19 can be found here:

https://www.saferfederalworkforce.gov/overview/ .

C.13. WAGE RATES.

a. In accordance with the requirements of Clause (a), Davis-Bacon Act. (40 U.S.C. 276 a-7), see Part II, Section I, Contract Clauses, Clause 52.222-6 of this contract, the minimum wages to be paid laborers and mechanics on this project, as most recently determined by the Secretary of Labor to be prevailing for the corresponding classes of laborers and mechanics employed on projects of a character similar to the contract work in the pertinent locality, are as set forth in Attachment I. The complete determination is incorporated in the contract specifications regardless of whether the Contractor will employ all of the classes of laborers and mechanics listed.

b. Any class of laborers and mechanics not listed in Attachment I, which will be employed on this contract shall be classified or reclassified conformably in Attachment I, by mutual agreement between the Contractor and the class of labor concerned, subject to the prior approval of the Contracting Officer. In the event the interested parties cannot agree on the proper classification or reclassification of a particular class of laborers and mechanics to be used, the question, accompanied by the recommendation of the Contracting Officer, shall be referred to the Secretary of Labor for final determination.

TECHNICAL PROVISIONS

C.14. SUBMITTALS.

a. NA

b. Contractors.

1. The Contractor shall submit the following after contract award and prior to a preconstruction meeting:

• A detailed project schedule (See Clause C.15. below).

• A detailed submittal log.

• A schedule of values detailed within the list of bid items included in Part I, Section B, to be used by the Corporation when making progress payments.

2. The Contractor shall submit within three (3) weeks after contract award detailed supplier’s data and/or shop drawings. More specific requirements for submittals are given in the pertinent portions of the Technical Specifications.

C.15. PROJECT SCHEDULE.

The Contractor shall submit to the Contracting Officer a schedule showing the order in which the work is to be performed and the dates on which the Contractor contemplates starting and completing the salient features of the work including acquiring materials, plant and equipment. The schedule shall be in the form of progress charts of suitable scale to indicate approximately the percentage of work scheduled by any given date during the period.

C.16. TECHNICAL SPECIFICATIONS AND CONTRACT DRAWINGS.

As mentioned above in Paragraph C.2., the Technical Specifications and contract drawings are furnished in electronic format per Part III, Section J, List of Attachments.

END OF SECTION C

SECTION D

PACKING AND MARKING

D.1. PRESERVATION, PACKAGING, AND MARKING.

The Contractor may have supplies/materials shipped to the Corporation’s Receiving Warehouse located at 251 Fregoe Road, Massena, NY 13662. Packaging must be labeled to include the Contractor’s name and contract number. Packaging may not be protected for weather if it is too large, bulky, heavy or if there is insufficient room in the Warehouse, therefore the Contractor shall make provisions to protect packaging from the weather. The Contractor shall be responsible for any damaged or missing packages. Upon receipt, the Contractor shall examine all packages and make appropriate written exception for any goods not in apparent good order. The Contractor is responsible for contacting the shipping company for any damages or losses. The Corporation will contact the Contractor when packages arrive. The Contractor shall have large and/or heavy items (exceeding 80 lbs) delivered directly to the work site.

Warehouse hours are 7:00am to 3:00pm on weekdays (except 7:00am to 2:00pm on Fridays and close on Federal holidays).

The Corporation reserves the right to refuse any packages that are damaged, improperly labeled, or appear suspicious.

END OF SECTION D

SECTION E

INSPECTION AND ACCEPTANCE

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address: www.acquisition.gov/far/

I. FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.246-12 INSPECTION OF CONSTRUCTION (AUG 1996)

E.1. Inspection of services provided hereunder shall be made by the Contracting Officer’s Representative (COR) or any inspectors designated by the Contracting Officer. The presence or absence of a Government inspector does not relieve the Contractor from any contract requirement, nor is the inspector authorized to change any term or condition of the specification without the Contracting Officer’s written authorization.

The Contractor shall maintain an adequate inspection system and perform such inspections as will ensure that the work performed under the contract conforms to contract requirements. All work shall be conducted under the general direction of the Contracting Officer and is subject to Government inspection and test at all places and at all reasonable times before acceptance to ensure strict compliance with the terms of the contract.

END OF SECTION E

http://www.acquisition.gov/far/

SECTION F

DELIVERIES OR PERFORMANCE

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause

52.242-14 SUSPENSION OF WORK (APR 1984)

52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

(modified as follows)

The Contractor shall be required to: (a) commence work under this contract within ten (10) calendar days after the Contractor receives the notice to proceed; (b) prosecute the work diligently; and (c) complete the entire work including final cleanup of the premises no later than 480 calendar days after receiving the Notice to Proceed

(NTP).

52.211-12 LIQUIDATED DAMAGES--CONSTRUCTION (SEP 2000)

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of $1,728.00 for each calendar day of delay until the work is completed or accepted.

(b) If the Government terminates the Contractor's right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

52.228-1 BID GUARANTEE (SEP 1996)

(c) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid.

(d) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier's check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States. The Contracting Officer will return bid guarantees, other than bid bonds, (1) to unsuccessful bidders as soon as practicable after the opening of bids, and (2) to the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.-

(e) The amount of the bid guarantee shall be 20 percent of the bid price or $ 3,000,000 , whichever is less.-

(f) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default.-

(g) In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference.

(End of provision)

52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) – ALTERNATE I (FEB 1995)

(h) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors or quoters are urged and expected to inspect the site where the work will be performed.

(i) An organized site visit has been scheduled for—

A site visit is not required but highly recommended. In order to attend the site visit, all offerors shall email Katie Maloney at katie.maloney@dot.gov no later than Friday, 06 May 2022, 2:00pm EST. Please submit the following:

1. Company name

2. Names of individuals attending

Tuesday, 10 May 2022, 10am EST POC: Katie Maloney; email – katie.maloney@dot.gov, phone:

Participants will meet at— 76 Barnhart Island Road Massena, NY 13662

(End of provision)

F.1. SCHEDULES FOR CONSTRUCTION CONTRACTS.

The Contractor shall prepare and submit to the Contracting Officer after award and prior to a preconstruction meeting, for approval, a copy of a practicable schedule showing the order in which the Contractor proposes to perform the work and the dates on which the Contractor contemplates starting and completing the salient features of the work (including acquiring materials, plant and equipment). The schedule shall be in the form of a progress chart of suitable scale to indicate appropriately the percentage of work scheduled for completion by any given date during the period. If the Contractor fails to submit a schedule as required, the Contracting Officer may withhold approval of progress payments until the Contractor submits the required schedule.

END OF SECTION F

SECTION G

CONTRACT ADMINISTRATION DATA

G.1. CONTRACT ADMINISTRATOR

Lisa Healy, Head of Contracting Agency, Great Lakes St. Lawrence Seaway Development Corporation, 180 Andrews Street, Massena, New York, 13662-0520, telephone number (315) 764.3275 and e-mail address lisa.healy@dot.gov will administer the contract.

No oral or written statement by anyone other than the Contracting Officer shall modify or otherwise affect any contract clause. Only Contracting Officers acting within their scope of authority can execute contract modifications on behalf of the Government (Corporation). No claim by the Contractor for any increase in the contract price or adjustment in the performance schedule shall be valid except as may be covered by a duly executed contract modification.

G.2. REQUIRED INSURANCE

a. The Contractor shall procure and maintain during the entire period of his/her performance under this contract the following minimum insurance coverage:

(1) Workmen's Compensation Coverage: As required by applicable New York Statutes in effect as of contract award date.

(2) Comprehensive General Liability Insurance:

Bodily Injury Liability: $500,000 each person; $1,000,000 each accident

(3) Comprehensive Automotive Liability Insurance:

Bodily Injury Liability: $500,000 each person; $1,000,000 each accident Property Damage: $50,000 each accident

b. Prior to commencement of work hereunder, the Contractor shall furnish to the Contracting Officer a certificate or written statement of the required insurance. The policies evidencing required insurance shall contain an endorsement to the effect that cancellation or any material change in the policies adversely affecting the interests of the Corporation in such insurance shall not be effective until ten (10) days after written notice thereof to the Contracting Officer.

c. The Contractor shall insert the substance of this clause, including this paragraph (c), in subcontracts under this contract that require work on a Government installation and shall require subcontractors to provide and maintain the insurance required in paragraph (a). The Contractor shall maintain a copy of all subcontractors’ proofs of required insurance, and shall make copies available to the Contracting Officer upon request.

G.3. CONTRACTING OFFICER DELEGATION OF AUTHORITY

The Contracting officer may delegate all or part of her authority to administer this contract. Such a delegation will be in writing and will describe the extent of the authority delegated. The Contracting Officer will provide a copy of such delegation to the Contractor.

mailto:lisa.healy@dot.gov

SECTION G (Cont’d)

G.4. CONTRACTING OFFICER'S REPRESENTATIVE (COR)

The Contracting Officer may designate Government personnel or other Contractors 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 for the authorities and limitations of the COR under the contract. The COR will ensure that the Corporation's project objectives are met, along with providing necessary information, direction, coordination, etc., within the contractual work description. The COR is not authorized to change any of the terms or conditions of this contract nor sign documents such as contracts or contract modifications.

When in the opinion of the Contractor, the COR requests work outside the existing scope of the contract, the Contractor shall promptly notify the Contracting Officer in writing. The Contractor shall take no action until the Contracting Officer has issued a contractual change or otherwise resolved the issue. A copy of all written correspondence to the COR by the Contractor shall also be mailed or otherwise furnished to the Contracting Officer at the address set forth in Clause G.1.

G.5. ADDITIONAL WORK

a. The Contractor shall not perform any additional work without the Contracting Officer's authorization.

b. The Contractor, in connection with any proposal he/she makes for a contract modification, shall furnish a price breakdown directly to the Contracting Officer, itemized as required by the Contracting Officer. Unless otherwise directed, the breakdown shall be in sufficient detail to permit an analysis of all materials, labor, equipment, subcontract, overhead costs, and profit covering all work involved in the modification whether such work was deleted, added or changed. Any amount claimed for subcontracts shall be supported by a separate, similar price breakdown. If the proposal includes a request for a time extension, justification shall be furnished with the proposal.

c. The Contracting Officer reserves the right to accomplish additional work on the basis of a negotiated fixed price when it is in the best interest of the Corporation.

G.6. REQUESTS FOR PROGRESS PAYMENTS

The Contractor shall furnish a breakdown of the total contract price, showing the amount included therein for each principal category of work, which shall substantiate the payment amount requested, in order to provide a basis for determining progress payments, in such detail as requested by the Contracting Officer.

The Government shall make progress payments monthly as the work proceeds on estimates of work accomplished which meets the standards of quality established under the contract, as approved by the Contracting Officer.

(1) The Contractor’s request for progress payments shall include the following substantiation:

(i) An itemization of the amounts requested, related to the various elements of work required by the contract covered by the payment requested.

(ii) A listing of the amount included for work performed by each subcontractor under the contract.

(iii) A listing of the total amount of each subcontract under the contract.

(iv) A listing of the amounts previously paid to each such subcontractor under the contract.

(v) Additional supporting data in a form and detail required by the Contracting Officer.

(2) In the preparation of estimates, the Contracting Officer may authorize material delivered on the site and preparatory work done to be taken into consideration

(3) Along with each request for progress payments, the Contractor shall furnish the following certification, or payment shall not be made: (However, if the Contractor elects to delete paragraph (4) from the certification, the certification is still acceptable.)

I hereby certify, to the best of my knowledge and belief, that---

(1) The amounts requested are only for performance in accordance with the specifications, terms, and conditions of the contract;

(2) All payments due to subcontractors and suppliers from previous payments received under the contract have been made, and timely payments will be made from the proceeds of the payment covered by this certification, in accordance with subcontract agreements and the requirements of chapter 39 of Title 31, United States Codes; and

(3) This request for progress payments does not include any amounts which the prime contractor intends to withhold or retain from a subcontractor or supplier in accordance with the terms and conditions of the subcontract; and

(4) This certification is not to be construed as final acceptance of a subcontractor's performance.

(Name) (Title) (Date)

G.7. RELEASE OF CLAIMS

Upon completion of the work and prior to final payment, the Contractor shall furnish to the Contracting Officer a "Release of Claims," as specified in paragraph (h) of Contract Clause 52.232-5, "Payments Under Fixed-Price Construction Contracts," Part II, Section I, Contract Clauses.

G.8. INCORPORATION OF SECTION K BY REFERENCE

In accordance with FAR 14.201-1(c), Part IV of the Uniform Contract Format shall not be physically included in the resulting contract, but shall be retained in the contract file. Section K, Representations, Certifications, and Other Statements of Offerors (as completed by the Contractor) shall be incorporated by reference in the contract.

G.9. COMPLIANCE WITH EXECUTIVE ORDERS

• EXECUTIVE ORDER (EO) 13043: INCREASING SEAT BELT USE IN THE UNITED STATES

The contractor is encouraged to adopt and enforce on-the-job seat belt use policies and programs for its employees when operating company-owned, rented, or personally owned vehicles.

G.10. ACORN PROHIBITION

In accordance with Section 163 of the Continuing Appropriations Resolution, 2010, Division B of Pub. L. No. 111- 68 (CR), Contractors shall not provide Federal funds to ACORN (Association of Community Organization for Reform Now) or its affiliates as subcontractors or other subrecipients. Contractors are required to notify the Corporation of any existing subcontracts, or other subrecipient agreements with ACORN or its affiliates and of how the contractor is planning to comply with the prohibition with respect to those subcontracts or subrecipient agreements. Any questions regarding this prohibition shall be directed to the Corporation’s Contracting office.

G.11. The Contractor shall not in any way represent that he/she is part of the United States Government or that he/she has the authority to contract or procure supplies on the credit of the United States of America.

G.12 PROPOSAL ORDER OF PRECEDENCE

(a) The contract includes the standard contract clauses and schedules included in the Request for Proposal. It entails (1) the solicitation in its entirety, including all drawings, cuts, and illustrations, and any amendments, and (2) the successful offeror’s accepted proposal. The contract constitutes and defines the entire agreement between the Contractor and the Government. No documentation shall be omitted which in any way bears upon the terms of that agreement.

(b) In the event of conflict or inconsistency between any of the provisions of this contract, precedence shall be given in the following order:

(1) Betterments: Any portions of the accepted proposal which both conform to and exceed the provisions of the solicitation.

(2) The provisions of the solicitation. (See also Contract Clause: SPECIFICATIONS AND DRAWINGS

FOR CONSTRUCTION.)

(3) All other provisions of the accepted proposal.

(4) Any design products including, but not limited to, plans, specifications, engineering studies and analyses, shop drawings, equipment installation drawings, etc.. These are “deliverables” under the contract and are not part of the contract itself. Design products must conform with all provisions of the contract, in the order of precedence herein.

(End of special contract requirement)

END OF SECTION G

SECTION H

SPECIAL CONTRACT REQUIREMENTS

H.1. PERFORMANCE AND PAYMENT BONDS

52.228-15 Performance and Payment Bonds-Construction. Jun 2020 As prescribed in 28.102-3(a), insert a clause substantially as follows:

PERFORMANCE AND PAYMENT BONDS-CONSTRUCTION (JUN 2020)

(a) Definitions. As used in this clause- Original contract price means the award price of the contract; or, for requirements contracts, the price payable for the estimated total quantity; or, for indefinite-quantity contracts, the price payable for the specified minimum quantity.

Original contract price does not include the price of any options, except those options exercised at the time of contract award.

(b) Amount of…