6923G524Q1137_REV 1.pdf

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NUMBER

6923G524Q1137

2. TYPE OF SOLICITATION

SEALED BID (IFB)

INVITATION FOR BID

NEGOTIATED (RFP)

REQUEST FOR PROPOSAL

3. DATE ISSUED

08/26/2024

PAGE OF PAGES

1 20 IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

4. CONTRACT NUMBER 5. REQUISITION/PURCHASE REQUEST NUMBER

2024-N-P-1137

6. PROJECT NUMBER

7. ISSUED BY CODE 8. ADDRESS OFFER TO

See Item 7 Great Lakes St. Lawrence Seaway Development Corporation Contracting Office 180 Andrews Street Massena, NY 13662

9. FOR

INFORMATION CALL:

a. NAME

Chora Snyder, Contracting Officer

b. TELEPHONE NUMBER (Include area code) (NO COLLECT CALLS)

(315) 764-3206

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 number, date) Project: “Grasse River” (Gatelifter) Development

This acquisition is solicited as a 100% Small Business Set-aside. NAICS Code: 541330 (Exception 3) – Marine Engineering and Naval Architecture with a small business size standard of $47.0 million

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: 03 September 2024, 10:00am EST.

Questions due: 10 September 2024, 2:00pm EST. Email to: chora.snyder@dot.gov.

Offers due: 24 September 2024, 2:00pm EST. Email only to: chora.snyder@dot.gov

11. The contractor shall begin performance within 10 calendar days and complete it within 335 calendar days after receiving award, notice to proceed. This performance period is mandatory negotiable.

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

13. ADDITIONAL SOLICITATION REQUIREMENTS:

12b. CALENDAR DAYS

a. Sealed offers in original and copies to perform the work required are due at the place specified in Item 8 by (hour) local time (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 calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

STANDARD FORM 1442 (REV. 12/2022)

Prescribed by GSA - FAR (48 CFR) 53.236-1(d)

X chora.snyder Cross-Out chora.snyder Cross-Out

OFFER (Must be fully completed by offeror)

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code) 15. TELEPHONE NUMBER (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.)

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

NUMBER

DATE

20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print) 20b. SIGNATURE 20c. OFFER DATE

21. ITEMS ACCEPTED:

AWARD (To be completed by Government)

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

STANDARD FORM 1442 (REV. 12/2022) BACK

AMOUNTS

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 THE UNITED STATES

CODE AT

10 U.S.C. 3204(a) (

27. PAYMENT WILL BE MADE BY

) 41 U.S.C. 3304(a) ( )

26. ADMINISTERED BY

Great Lakes St. Lawrence Seaway Development Corporation 180 Andrews St Massena, NY 13662 Submit Invoices to: sls.finance@dot.gov

**NOTE: Offerors must be registered in SAM.gov and have an active registration at the time of this solicitation closing.

SCHEDULE OF SUPPLIES/SERVICES: See Attachment B –Pricing Sheet.

DESCRIPTION OF WORK: The Contractor shall perform a comprehensive assessment of the vessel, “Grasse River” (Gatelifter). This assessment shall be conducted while the vessel is floating in the water. Once the assessment is completed the contractor will prepare designs, specifications, drawings, schedule, and a comprehensive cost estimate for making improvements to the Gatelifter. All in accordance with this solicitation and the attached Performance Work Statement (Attachment A).

CONTRACT TYPE: This solicitation is a Request for Quote (RFQ) that will result in the award of a firm fixed price contract under FAR Part 15, subject to the availability of funds.

CONTRACT PERIOD OF PERFORMANCE: The period of performance for this requirement is 11 months after the notice to proceed is issued.

PLACE OF PERFORMANCE: The place of performance shall be located at Snug Harbor in Massena, NY and the Contractor's facility.

QUESTIONS DUE DATE: Questions must be sent via e-mail to chora.snyder@dot.gov arriving no later than September 10, 2024, 2:00 PM EST. After this due date further requests may not be accepted due to time constraints. For questions regarding this solicitation, email chora.snyder@dot.gov.

OFFERS DUE DATE: September 24, 2024, 2:00PM EST Quotes must be sent via e-mail to chora.snyder@dot.gov and purchasing@dot.gov, no later than September 24, 2024, 2:00 PM EST.

SITE VISIT: September 03, 2024, 10:00AM EST.

Participants shall meet at GLS Maintenance Base, 251 Fregoe Road, Massena, NY 13662. Attendees shall confirm their attendance via e-mail to chora.snyder@dot.gov no later than August 30, 2024, at 2:00PM.

ANTICIPATED AWARD DATE: The anticipated date of award is on or about October 14, 2024.

September 09, 2024 chora.snyder Cross-Out chora.snyder Cross-Out

SECTION II -SOLICITATION CLAUSES

The following clauses from the Federal Acquisition Regulation (FAR) and Transportation Acquisition Regulation (TAR) are incorporated into this contract.

CLAUSES INCORPORTED 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: https://www.acquisition.gov.

CLAUSE TITLE DATE

52.202-1 Definitions Jun 2020

52.203-3 Gratuities Apr 1984

52.203-5 Covenant Against Contingent Fees. May 2014

52.203-7 Anti-Kickback Procedures. Jun 2020

52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper May 2014

52.203-10 Price or Fee Adjustment for Illegal or Improper Activity. May 2014

52.203-12 Limitation on Payments to Influence Certain Federal Transactions. Jun 2020

52.203-13 Contractor Code of Business Ethics and Conduct. Nov 2021

52.203-14 Display of Hotline Poster(s). Nov 2021

52.203-17 Contractor Employee Whistleblower Rights. Nov 2023

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Jan 2017

52.204-2 Alternate II Security Requirements Apr 1984

52.204-9 Personal Identity Verification of Contractor Personnel. Jan 2011

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards. Jun 2020

52.204-12 Unique Entity Identifier Maintenance. Oct 2016

52.204-13 System for Award Management Maintenance. Oct 2018

52.204-14 Service Contract Reporting Requirements. Oct 2016

52.204-18 Commercial and Government Entity Code Maintenance. Aug 2020

52.204-19 Incorporation by Reference of Representations and Certifications. Dec 2014

52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities.

Dec 2023

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

Nov 2021

52.204-27 Prohibition on a ByteDance Covered Application. Jun 2023

52.209-6

Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment.

Nov 2021

52.209-9 Updates of Publicly Available Information Regarding Responsibility Oct 2018

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations. Nov 2015

52.210-1 Market Research Nov 2021

52.215-2 Audit and Records-Negotiation. Jun 2020

52.219-6 Notice of Total Small Business Set-Aside. Nov 2020

52.219-8 Utilization of Small Business Concerns. Feb 2024

52.219-9 Small Business Subcontracting Plan Sept 2023

52.219-14 Limitations on Subcontracting. Oct 2022

52.219-28 Post-Award Small Business Program Representations Feb 2024

52.222-3 Convict Labor. Jun 2003

52.222-21 Prohibition of Segregated Facilities. Apr 2015

52.222-26 Equal Opportunity. Sept 2016

52.222-35 Equal Opportunity for Veterans Jun 2020

52.222-36 Equal Opportunity for Workers with Disabilities Jun 2020

52.222-37 Employment Reports on Veterans Jun 2020

52.222-40 Notification of Employee Rights Under the National Labor Relations Act Dec 2010

52.222-50 Combating Trafficking in Persons. Nov 2021

52.222-54 Employment Eligibility Verification. May 2022

52.222-55 Minimum Wages for Contractor Workers Under Executive Order 14026 Jan 2022

52.222-62 Paid Sick Leave Under Executive Order 13706. Jan 2022

52.224-1 Privacy Act Notification Apr 1984

52.224-2 Privacy Act Apr 1984

52.224-3 Privacy Training Jan 2017

52.225-13 Restrictions on Certain Foreign Purchases. Feb 2021

52.226-7 Drug-Free Workplace May 2024

52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving. May 2024

52.227-1 Authorization and Consent. Jun 2020

52.227-11 Patent Rights – Ownership by the Contractor May 2014

52.227-17 Rights in Data-Special Works. Dec 2007

52.229-3 Federal, State, and Local Taxes. Feb 2013

52.232-10 Payments under Fixed-Price Architect-Engineer Contracts. Apr 2010

52.232-17 Interest May 2014

52.232-23 Assignment of Claims May 2014

52.232-26 Prompt Payment for Fixed-Price Architect-Engineer Contracts. Jan 2017

52.232-33 Payment by Electronic Funds Transfer-System for Award Management. Oct 2018

52.232-39 Unenforceability of Unauthorized Obligations. Jun 2013

52.232-40 Providing Accelerated Payments to Small Business Subcontractors. Mar 2023

52.233-1 Disputes May 2014

52.233-3 Protest after Award. Aug 1996

52.233-4 Applicable Law for Breach of Contract Claim. Oct 2004

52.236-2 Differing Site Conditions Apr 1984

52.236-5 Material and Workmanship Apr 1984

52.236-6 Superintendence by the Contractor Apr 1984

52.236-7 Permits and Responsibilities Nov 1991

52.236-8 Other Contracts Apr 1984

52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements

Apr 1984

52.236-10 Operations and Storage Areas Apr 1984

52.236-11 Use and Possession Prior to Completion Apr 1984

52.236-12 Cleaning Up Apr 1984

52.236-21 Specifications and Drawings for Construction Alternate I (Apr 1984) Feb 1997

52.236-23 Responsibility of the Architect-Engineer Contractor. Apr 1984

52.236-24 Work Oversight in Architect-Engineer Contracts. Apr 1984

52.236-25 Requirements for Registration of Designers. Jun 2003

52.242-5 Payments to Small Business Subcontractors. Jan 2017

52.242-13 Bankruptcy. Jul 1995

52.242-14 Suspension of Work Apr 1984

52.243-1 Alt III Changes-Fixed-Price Apr 1984

52.243-7 Notifications of Changes Jan 2017

52.244-4 Subcontractors and Outside Associates and Consultants (Architect- Engineer Services).

Aug 1998

52.244-5 Competition in Subcontracting. Dec 1996

52.249-7 Termination (Fixed-Price Architect-Engineer). Apr 1984

52.252-2 Clauses Incorporated by Reference Feb 1998

1252.201-70 Contracting Officer’s Representative Nov 2022

1252.239-91 Records Management Nov 2022

1252.209-70 Conflict of Interest Clause Nov 2022

52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 7 days.

(End of Clause)

52.236-22 DESIGN WITHIN FUNDING LIMITATIONS (APR 1984)

(a) The Contractor shall accomplish the design services required under this contract so as to permit the award of a contract, using standard Federal Acquisition Regulation procedures for the construction of the facilities designed at a price that does not exceed the estimated construction contract price as set forth in paragraph (c) of this clause.

When bids or proposals for the construction contract are received that exceed the estimated price, the contractor shall perform such redesign and other services as are necessary to permit contract award within the funding limitation. These additional services shall be performed at no increase in the price of this contract. However, the Contractor shall not be required to perform such additional services at no cost to the Government if the unfavorable bids or proposals are the result of conditions beyond its reasonable control.

(b) The Contractor will promptly advise the Contracting Officer if it finds that the project being designed will exceed or is likely to exceed the funding limitations and it is unable to design a usable facility within these limitations. Upon receipt of such information, the Contracting Officer will review the Contractor’s revised estimate of construction cost. The Government may, if it determines that the estimated construction contract price set forth in this contract is so low that award of a construction contract not in excess of such estimate is improbable, authorize a change in scope or materials as required to reduce the estimated construction cost to an amount within the estimated construction contract price set forth in paragraph (c) of this clause, or the Government may adjust such estimated construction contract price. When bids or proposals are not solicited or are unreasonably delayed, the Government shall prepare an estimate of constructing the design submitted and such estimate shall be used in lieu of bids or proposals to determine compliance with the funding limitation.

(c) The estimated construction contract price for the project described in this contract is $TBD.

1252.204-70 CONTRACTOR PERSONNEL SECURITY AND AGENCY ACCESS (NOV 2022)

Definitions. As used in this clause - Agency access means access to DOT facilities, sensitive information, information systems or other DOT resources.

Applicant means a contractor employee for whom the Contractor applies for a DOT identification card. Contractor employee means a prime contractor and subcontractor employee who requires agency access to perform work under a DOT contract.

Identification card (or “ID card”) means a government issued or accepted identification card such as a Personal Identity Verification (PIV) card, a PIV-Interoperable (PIV-I) card from an authorized PIV-1 issuer, or a non-PIV card issued by DOT, or a nonPIV card issued by another Federal agency and approved by DOT. PIV and PIV-1 cards have physical and electronic attributes that other (non-PIV) ID cards do not have.

Issuing office means the DOT entity that issues identification cards to contractor employees.

Local security servicing organization means the DOT entity that provides security services to the DOT organization sponsoring the contract.

Risk and sensitivity level designations. For contracts requiring access to DOT facilities, sensitive information, information systems or other DOT resources, contractor employees will be required to complete background investigations, identity proofing, and government identification card application procedures to determine suitability for access. DOT will assign a risk and sensitivity level designation to the overall contract and/or to contractor employee positions by category, group or individual. The risk and sensitivity level designations will be the basis for determining the level of personnel security processing required for contractor employees. The following risk and sensitivity level designations and associated level of processing are required, and each level includes the prior levels Low risk level: National Agency Check with Written Inquiries (NACI);

Moderate risk level: Minimum Background Investigation (MBI); and High risk level: Background Investigation.

Security clearances. Contractor employees may also be required to obtain security clearances (i.e., Confidential, Secret, or Top Secret). National Security work designated “special sensitive,” “critical sensitive,” or “non-critical sensitive,” will determine the level of clearance required for contractor employees. Personnel security clearances for national security contracts in DOT will be processed according to the Department of Defense National Industrial Security Program Operating Manual (NISPOM).

Pre-screening of contractor employees. The Contractor must pre-screen individuals designated for employment under any DOT contract by verifying minimal suitability requirements to ensure that only candidates that appear to meet such requirements are considered for contract employment, and to mitigate the burden on the Government of conducting background investigations on objectionable applicants. The Contractor must exercise due diligence in pre-screening all employees prior to submission to DOT for agency access. DOT may decline to grant agency access to a contractor employee for reasons including, but not limited to - Conviction of a felony, a crime of violence, or a misdemeanor involving moral turpitude;

Falsification of information entered on forms or of other documents submitted;

Improper conduct including criminal, infamous, dishonest, immoral, or notoriously disgraceful conduct or other conduct adverse to the Government regardless of whether the conduct is directly related to the contract; and Any behavior judged to pose a potential threat to DOT facilities, sensitive information, information systems or other resources.

Citizenship status. The Contractor must monitor a non-citizen's continued authorization for employment in the

United States. The Contractor must provide documentation to the Contracting Officer or the Contracting Officer's Representative (COR) during the background investigation process that validates that the E-Verify requirement has been met for each contractor employee.

Background investigation and adjudication. A contractor employee must have a favorable adjudication of background investigation before DOT will issue an ID card to the contractor employee granting access to DOT facilities, sensitive information, information systems or other DOT resources. DOT may accept favorable adjudications of background investigations from other Federal agencies when applicants have held PIV cards issued by those agencies with no break in service. DOT may also accept PIV-I (Interoperable) cards issued by an authorized PIV-1 issuer as evidence of identity. A favorable adjudication does not preclude DOT from initiating a new investigation when deemed necessary. At a minimum, the FBI National Criminal History Check (fingerprint check) must be favorably completed before a DOT identification card can be issued. Each Contractor must use the Office of Personnel Management's (OPM) e-QIP system to complete any required investigative forms. Instructions for obtaining fingerprints will be provided by the COR or Contracting Officer. The DOT Office of Security, M-40, or a DOT organization delegated authority by M-40, is responsible for adjudicating the suitability of contractor employees.

Agency access denied. Upon contract award, DOT will initiate the agency access procedure for all contractor employees requiring access to DOT facilities, sensitive information, information systems and other DOT resources for contract performance. DOT may deny agency access to any individual about whom an adverse suitability determination is made. Failure to submit the required security information or to truthfully answer all questions shall constitute grounds for denial of access. The Contractor must not provide agency access to contractor employees until the COR or Contracting Officer provides notice of approval, which is authorized only by the DOT Office of Security (M-40) or a DOT organization delegated authority by M-40. Where a proposed contractor employee is denied agency access by the Government or, if for any reason a proposed application is withdrawn by the Contractor during the agency access process, the additional costs and administrative burden for conducting additional background investigations caused by a lack of effective prescreening or planning on the part of the Contractor may be considered as part of the Contractor's overall performance evaluation.

Identification card application process. The COR will be the DOT ID card Sponsor and point of contact for the Contractor's application for a DOT ID card. The COR shall review and approve the DOT ID card application before an ID card is issued to the applicant. An applicant may be issued either a Personal Identity Verification (PIV) card that meets the standards of Homeland Presidential Security Directive (HSPD-12), or an applicant may be issued a non-PIV card. Generally, a non-PIV card will be issued for contracts that expire in six months or less, including option periods.

The COR may request the issuing office to waive the six-month eligibility requirement when it is in DOT's interest for contract performance. The following applies - PIV card. The applicant must complete a DOT on-line application for a PIV card;

Non-PIV card. The applicant must complete and submit a hard copy of Form 1681 to the COR/Sponsor; and Regardless of the type of card to be issued (PIV or non-PIV), the applicant must appear in person to provide two forms of identity source documents in original form to DOT. The identity source documents must come from the list of acceptable documents included in Form F-9, OMB No. 1115-0136, Employment Eligibility Verification. At least one document must be a valid State or Federal government-issued picture identification. For a PIV card, the applicant may be required to appear in-person a second time for enrollment and activation.

Identification card custody and control. The Contractor is responsible for the custody and control of all forms of government identification issued by DOT to contractor employees for access to DOT facilities, sensitive information, information systems and other DOT resources. The Contractor shall:

Provide a listing of personnel for whom an identification (ID) card is requested to the COR or PM who will provide a copy of the listing to the card issuing office. This may include Contractor and subcontractor personnel. Follow issuing office directions for submittal of an application package(s).

While visiting or performing work on a DOT facility, as specified by the issuing office, PM or COR, ensure that contractor employees prominently display their ID card.

Immediately notify the COR or, if the COR is unavailable, the Contracting Officer when a contractor employee's status changes and no longer requires agency access (e.g., employee's transfer, completion of a project, retirement, removal from work on the contract, or termination of employment) that may affect the employee's eligibility for access to the facility, sensitive information, or resources.

Promptly deliver to the issuing office: (a) all ID cards assigned to an employee who no longer requires access to the facility; and (b) all expired ID cards within five (5) days of their expiration or all cards at time of contract termination, whichever occurs first.

Immediately report any lost or stolen ID cards to the issuing office and follow its instructions.

The Contractor is responsible for maintaining and safeguarding the DOT ID card upon issuance to the contractor employee. The Contractor must ensure that contractor employees comply with DOT requirements concerning the renewal, loss, theft, or damage of an ID card. The Contractor must immediately notify the COR or, if the COR is unavailable, the Contracting Officer when an ID card is lost, stolen or damaged.

Failure to comply with the requirements for custody and control of DOT ID cards may result in withholding final payment or contract termination based on the potential for serious harm caused by inappropriate access to DOT facilities, sensitive information, information systems or other DOT resources.

Specific actions and activities are required in certain events - Renewal. A contractor employee's DOT issued ID card is valid for a maximum of three years or until the contract expiration date (including option periods), whichever occurs first. The renewal process should begin six weeks before the PIV card expiration date. If a PIV card is not renewed before it expires, the contractor employee will be required to sign-in daily for facility access and may have limited access to information systems and other resources.

Lost/stolen. Immediately upon detection, the Contractor or contractor employee must report a lost or stolen DOT ID card to the COR, or if the COR is unavailable, the Contracting Officer, the issuing office, or the local servicing security organization. The Contractor must submit an incident report within 48 hours, through the COR or, if the COR is unavailable, the Contracting Officer, the issuing office, or the local security servicing organization describing the circumstances of the loss or theft. The Contractor must also report a lost or stolen PIV card through the DOT on-line registration system. If the loss or theft is reported by the Contractor to the local police, a copy of the police report must be provided to the COR or Contracting Officer. From the date of notification to DOT, the Contractor must wait three days before getting a replacement ID card. During the 3-day wait period, the contractor employee must sign in daily for facility access.

Replacement. An ID card will be replaced if it is damaged, contains incorrect data, or is lost or stolen for more than 3 days, provided there is a continuing need for agency access to perform work under the contract.

Surrender of ID cards. Upon notification that routine access to DOT facilities, sensitive information, information systems or other DOT resources is no longer required, the Contractor must surrender the DOT issued ID card to the COR, or if the COR is unavailable, the Contracting Officer, the issuing office, or the local security servicing organization in accordance with agency procedures.

(j) Flow down of clause. The Contractor is required to include this clause in any subcontracts at any tier that require the subcontractor or subcontractor's employees to have access to DOT facilities, sensitive information, information systems or other resources.

1252.237-70 QUALIFICATIONS OF CONTRACTOR EMPLOYEES (NOV 2022)

(a) Definition. Sensitive information, as used in this clause, means any information that is proprietary data or, if subject to unauthorized access, modification, loss, or misuse, could adversely affect the national interest, the conduct of Federal programs, or the privacy of individuals specified in The Privacy Act, 5 U.S.C. 552a, but has not been specifically authorized under criteria established by an Executive Order or an Act of Congress to be kept secret in the interest of national defense or foreign policy.

(b) Work under this contract may involve access to DOT facilities or sensitive information or resources (e.g., information technology including computer systems). To protect sensitive information, which shall not be disclosed by the contractor unless authorized in writing by the Contracting Officer, the Contractor shall provide training to any contractor employees authorized to access sensitive information, and upon request of the Government, provide information to assist the Government in determining an individual's suitability to have authorization.

(c) The Contracting Officer may require dismissal from work under this contract of those employees deemed incompetent, careless, insubordinate, unsuitable, or otherwise objectionable, or whose continued employment is deemed contrary to the public interest or inconsistent with the best interest of national security.

(d) Contractor employees working on this contract must complete such forms as may be necessary for security or other reasons, including the conduct of background investigations to determine suitability. Completed forms shall be submitted as directed by the Contracting Officer. Upon the Contracting Officer's Representative (COR) or Program Manager's (PM) request, the Contractor's employees shall be fingerprinted or subject to other investigations as required.

(e) The Contractor shall ensure that contractor employees working on this contract are citizens of the United States of America or non-citizens who have been lawfully admitted for permanent residence or employment (indicated by immigration status) as evidenced by U.S. Citizenship and Immigration Services (USCIS) documentation.

(f) Subcontract flow-down requirement. The Contractor shall include this clause, including this paragraph (f), in subcontracts whenever this clause is included in the prime contractor's contract.

(End of clause)

1252.209-71 Limitation of Future Contracting (NOV 2022)

(a) The Contracting Officer has determined that this acquisition may give rise to a potential organizational conflict of interest. Accordingly, prospective offerors are encouraged to review FAR subpart 9.5 -Organizational Conflicts of Interest.

(b) The nature of this conflict is the need to separate the roles of the engineering firm responsible for the design from those contractors involved in the actual build/repair, to avoid any potential bias or conflict of interest.

(c) The restrictions upon future contracting are as follows:

(1) If the Contractor, under the terms of this contract, or through the performance of tasks pursuant to this contract, is required to develop specifications or statements of work that are to be incorporated into a solicitation, the Contractor shall be ineligible to perform the work described in that solicitation as a prime or first-tier subcontractor under an ensuing government contract. This restriction shall remain in effect for a reasonable time, as agreed to by the Contracting Officer and the Contractor, sufficient to avoid unfair competitive advantage or potential bias (this time shall in no case be less than the duration of the initial ensuing contract).

(2) To the extend that the work under this contract requires access to proprietary, business confidential, or financial data of other companies, and if these data remain proprietary or confidential, the Contractor shall protect such data from unauthorized use and disclosure and agrees not to use the data to compete with those other companies.

FINAL DESIGN PHASE

The contract resulting from this solicitation will include the completion of a preliminary design and a corresponding cost estimate. If the Government approves the preliminary design and cost estimate, a subsequent award for the final design phase will be issued to the same contractor without further competition.

The final design phase, including the preparation of detailed design plans and specifications, will be awarded as a separate firm-fixed-price (FFP) contract or task order, as appropriate. Pricing for the final design phase will be determined based on negotiations between the Government and the contractor, informed by the approved preliminary design and cost estimate.

The contractor is not required to provide a price for the final design phase at the time of the initial bid submission.

The final design phase will not be priced as an option or a not-to-exceed amount. Instead, it will be treated as a logical follow-on work order, contingent upon the satisfactory completion and approval of the preliminary design phase.

The contractor awarded this contract for the preliminary design phase will be subject to organizational conflict of interest (OCI) restrictions, as specified in the OCI clause of this solicitation. The contractor will also be subject to limitations on future contracting as outlined in the Limited Future Contracting clause, to prevent any undue influence or conflict in subsequent related projects, final design phase excluded.

(End of Text)

PLACE OF ACCEPTANCE

(a) The Contracting Officer or the duly authorized representative will accept supplies and services to be provided under this contract.

(b) The place(s) of acceptance will be:

Great Lakes St Lawrence Seaway Development Corporation (GLS) Snug Harbor

Massena, NY 13662

CONTRACTING OFFICER’S REPRESENTATIVE

TBD is hereby designated as the Contracting Officer’s Representative (COR). The COR may be changed at any time by the Government without prior notice to the contractor by a unilateral modification to the contract. The COR is located at:

Department of Transportation Great Lakes St. Lawrence Seaway Development Corporation (GLS) 180 Andrews Street Massena, NY 13662 Phone Number: TBD E-mail: TBD

The responsibilities and limitations of the COR are as follows:

The COR is responsible for the technical aspects of the contract and serves as technical liaison with the contractor.

The COR is also responsible for the final inspection and acceptance of all deliverables and such other responsibilities as may be specified in the contract.

The COR is not authorized to make any commitments or otherwise obligate the Government or authorize any changes which affect the contract price, terms or conditions. Any contractor request for changes shall be referred to the Contracting Officer directly or through the COR. No such changes shall be made without the express written prior authorization of the Contracting Officer. Assistant/alternate(s) in writing and transmitting a copy of such designation to the contractor.

MONTHLY INVOICING

The Contractor shall submit invoices to the Government monthly for work performed under this contract during the billing period. The Contractor shall submit supporting documentation with each invoice, including timesheets, receipts for reimbursable expenses, and progress reports, as applicable. The Government reserves the right to request additional documentation to verify the accuracy of the invoice.

SUBMITTAL OF INVOICES

The Contractor shall submit an original invoice to:

GLS Finance Department Attention: Finance Email: sls.finance@dot.gov

Invoices shall be prepared as follows:

(a) A separate invoice shall be submitted for each billing period under this contract.

(b) Invoices shall be submitted within 10 days after delivery or performance of work, but not more frequently than monthly

(c) Include the invoice and supporting documents as an attached PDF document.

(d) Include in the e-mail subject line the following:

(i) Invoice #

(ii) Contract Number

(iii) Name of your Company/Organization

(iv) Attention: Finance

(v) Example: Invoice No. 1 of Contract No. 6923G523F0035 ABC Corporation, Attention: Jimmy Dear

(e) Documentation shall include:

(i) Name and address of the Contractor.

(ii) Invoice number and invoice date

(iii) Contract number and title.

(iv) Period of work billed.

(v) Amount billed by CLIN under the contract

(vi) Hours expended per individual under the Task Order (for Time and Material/Labor Hour Task Orders)

(vii) Total amount of billing and cumulative total billed for all work under the contract to date.

(viii) Name and address of the individual to whom payment should be sent.

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

(x) Name of the Contracting Officer.

SECTION III -LIST OF ATTACHMENTS AND EXHIBITS

Attachment Description A Performance Work Statement (PWS)

B Pricing Sheet

SECTION IV – INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

PROVISIONS INCORPORATED BY REFERENCE

The following provisions from the Federal Acquisition Regulation (FAR) are incorporated into this contract:

PROVISION TITLE DATE

52.203-11 Certifications and Disclosure Regarding Payments to Influence Certain Federal Transactions Sep 2007

52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representations

Jan 2017

52.204-6 Unique Entity Identifier Oct 2016

52.204-7 System for Award Management Oct 2018

52.204-16 Commercial and Government Entity Code Reporting Aug 2020

52.204-17 Ownership or Control of Offeror Aug 2020

52.204-22 Alternative Line Item Proposal Jan 2017

52.209-2 Prohibition on Contracting with Inverted Domestic Corporations -Representations Nov 2015

52.209-7 Information Regarding Responsibility Matters Oct 2018

52.215-1 Instructions to Offerors -Competitive Acquisitions Nov 2021

52.217-5 Evaluation of Options Jul 1990

52.222-46 Evaluation of Compensations for Professional Employees Feb 1993

52.223-22 Public Disclosure of Greenhouse Gas Emissions and Reduction Goals-Representation. Dec 2016

52.225-20 Prohibition on Conducting Restricted Business Operations in Sudan-Certification. Aug 2009

52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-Representation and Certifications

Jun 2020

52.229-11 Tax on Certain Foreign Procurements -Notice and Representation Jun 2020

52.236-28 Preparation of Proposals -Construction Oct 1997

52.237-1 Site Visit Apr 1984

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

52.204-20 PREDECESSOR OF OFFEROR (AUG 2020)

(a) Definitions. As used in this provision– Commercial and Government Entity (CAGE) code means–

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity by unique location; or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.

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

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

(b) The Offeror represents that it □ is or □ is not a successor to a predecessor that held a Federal contract or grant within the last three years.

(c) If the Offeror has indicated "is" in paragraph (b) of this provision, enter the following information for all predecessors that held a Federal contract or grant within the last three years (if more than one predecessor, list in reverse chronological order):

Predecessor CAGE code:____________ (or mark "Unknown").

Predecessor legal name: ____________.

(Do not use a "doing business as" name).

(End of Provision)

52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (AUG 2020)

a) (1) The Offeror certifies, to the best of its knowledge and belief, that—

(i) The Offeror and/or any of its Principals–

(A) Are □ are not □ presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(B) Have □ have not □, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks "have", the offeror shall also see 52.209-7, if included in this solicitation);

(C) Are □ are not □ presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision;

(D) Have □, have not □, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds the threshold at 9.104-5(a)(2) for which the liability remains unsatisfied.

(1) Federal taxes are considered delinquent if both of the following criteria apply:

(i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(2) Examples.

(i) The taxpayer has received a statutory notice of deficiency, under I.R.C. § 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. § 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. § 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

(iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).

(ii) The Offeror has □ has not □, within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.

(2) "Principal," for the purposes of this certification, means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager;

head of a division or business segment; and similar positions).

This Certification Concerns a Matter Within the Jurisdiction of an Agency of the United States and the Making of a False, Fictitious, or Fraudulent Certification May Render the Maker Subject to Prosecution Under Section 1001, Title 18, United States Code.

(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror’s responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.

(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.

52.222-22 PREVIOUS CONTRACTS AND COMPLIANCE REPORTS (FEB 1999)

The offeror represents that- It □ has, □ has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation;

It □ has, □ has not filed all required compliance reports; and Representations indicating submission of required compliance reports, signed by proposed subcontractors, will be obtained before subcontract awards.

52.222-38 COMPLIANCE WITH VETRANS’ EMPLOYMENT REPORTING REQUIREMENTS (FEB 2016)

By submission of its offer, the offeror represents that, if it is subject to the reporting requirements of 38 U.S.C.4212(d)(i.e., if it has any contract containing Federal Acquisition Regulation clause 52.222-37, Employment Reports on Veterans), it has filed the most recent VETS-4212 Report required by that clause.

52.233-2 SERVICE OF PROTEST (SEP 2006)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from danit.johnson@dot.gov. The physical address is 1200 New Jersey Ave SE, Washington, DC 20003.

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

(End of Provision)

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

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

(End of Provision)

COMMUNICATIONS AND QUESTIONS

Communications shall be conducted electronically by e-mail to chora.snyder@dot.gov

The due date for questions concerning this solicitation is 2:00 PM EST on Tuesday, September 10, 2024. Questions received after the cut-off date will generally not be considered.

Any information given to one Offeror concerning this requirement will be furnished at the same time to other prospective Offeror(s), if that information is necessary in submitting offers, or if lack of it would be prejudicial to the other prospective Offeror(s).

PROPOSAL ORGANIZATION : DUE DATE IS TUESDAY, SEPTEMBER 24, 2024, 2:00PM EST.

In response to this RFP, the Offeror shall prepare a detailed response meeting all stated requirements and comply with the following limitations and characteristics:

Do not include marketing…