6923G525R0627.pdf

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NUMBER

6923G525R0627

2. TYPE OF SOLICITATION

SEALED BID (IFB)

INVITATION FOR BID

NEGOTIATED (RFP)

REQUEST FOR PROPOSAL

3. DATE ISSUED

07/15/2025

PAGE OF PAGES

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

4. CONTRACT NUMBER 5. REQUISITION/PURCHASE REQUEST NUMBER

2025-N-P-0627

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: Eisenhower Lock Shotcrete Repair in Massena, NY.

This acquisition is solicited as a 100% Total Small Business Set-aside. NAICS Code: 238110, Poured Concrete Foundation and Structure Contractors, Size Standard -$19,000,000.00.

In accordance with FAR 36.204, the magnitude of this construction project is between $1,000,000.00 and $5,000,000.00.

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: July 24, 2025, 10:00am EST. See FAR Clause 52.236-27; Site Visit (Construction).

Questions due: July 29, 2025, 2:00pm EST. Email to: chora.snyder@dot.gov

Performance (SF25) and Payment (SF25a) bonds are required ten (10) calendar days after award.

Offers due: August 14, 2025, 2:00pm EST. Email only to: chora.snyder@dot.gov

11. The contractor shall begin performance within 10 calendar days and complete it within 63 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

13. ADDITIONAL SOLICITATION REQUIREMENTS:

12b. CALENDAR DAYS

10 days

a. Finalized offers are due via email to chora.snyder@dot.gov by 2:00PM EST; August 14, 2025.

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.

STANDARD FORM 1442 (REV. 12/2022)

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

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: GLS has a requirement to perform concrete rehabilitation in the damaged areas at Eisenhower Lock as identified within the Performance Work Statement (PWS). Eisenhower Lock is located in Massena, NY 13662.

CONTRACT TYPE: This solicitation is a Request for Proposal (RFP) 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 Contractor shall begin performance within 10 calendar days and complete within sixty-two (63) calendar days after receiving the notice to proceed. The Locks are expected to be dewatered on or about January 12, 2026. The contractor is expected to complete all work inside the lock by March 09, 2026, and demobilize off-site by March 16, 2026.

PLACE OF PERFORMANCE:

Eisenhower Lock: 190A Barnhart Island Road, Massena, NY 13662 // 76 Barnhart Island Road, Massena NY 13662.

QUESTIONS DUE DATE: Questions must be sent via e-mail to chora.snyder@dot.gov arriving no later than July 29, 2025, 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: August 14, 2025, 2:00PM EST. Offers must be sent via e-mail to chora.snyder@dot.gov, no later than August 14, 2025, 2:00 PM EST.

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 Activity. 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

52.203-17 Contractor Employee Whistleblower Rights. Nov 2023

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

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 Matters. Oct 2018

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

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

52.219-16 Liquidated Damages – Subcontracting Plan Sept 2021

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

52.222-3 Convict Labor. Jun 2003

52.222-4 Contract Work Hours and Safety Standards -Overtime Compensation. May 2018

52.222-6 Construction Wage Rate Requirements (Deviation Feb 2025) Feb 2025

52.222-7 Withholding of Funds. May 2014

52.222-8 Payrolls and Basic Records. Jul 2021

52.222-10 Compliance with Copeland Act Requirements. Feb 1988

52.222-11 Subcontracts (Labor Standards) (Deviation Feb 2025). Feb 2025

52.222-12 Contract Termination-Debarment (Deviation Feb 2025). Feb 2025

52.222-13 Compliance with Construction Wage Rate Requirements and Related Regulations. May 2014

52.222-14 Disputes Concerning Labor Standards. Feb 1988

52.222-15 Certification of Eligibility. May 2014

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

52.223-2

Affirmative Procurement of Biobased Products Under Service and Construction Contracts (Deviation Feb 2025)

Feb 2025

52.223-5 Pollution Prevention and Right-to-Know Information. May 2024

52.223-20 Aerosols Jun 2016

52.223-23 Sustainable Products and Services (Deviation Feb 2025). Feb 2025

52.225-9 Buy American-Construction Materials. Oct 2022

52.225-11 Buy American-Construction Materials under Trade Agreements. Nov 2023

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

52.228-2 Additional Bond Security. Oct 1997

52.228-5 Insurance-Work on a Government Installation. Jan 1997

52.228-11 Individual Surety Pledge of Assets. Feb 2021

52.228-12 Prospective Subcontractor Requests for Bonds. Dec 2022

52.228-14 Irrevocable Letter of Credit. Nov 2014

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

52.232-5 Payments under Fixed-Price Construction Contracts May 2014

52.232-16 Progress Payments Nov 2021

52.232-17 Interest May 2014

52.232-18 Availability of Funds Apr 1984

52.232-23 Assignment of Claims May 2014

52.232-27 Prompt Payment for Construction 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. Aug 1984

52.236-3 Site Investigation and Conditions Affecting the Work. Aug 1984

52.236-5 Material and Workmanship. Aug 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 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

52.236-13 Accident Prevention. Nov 1991

52.236-14 Availability and Use of Utility Services. Apr 1984

52.236-15 Schedules for Construction Contracts. Apr 1984

52.236-17 Layout of Work. Apr 1984

52.236-21 Specifications and Drawings for Construction. Feb 1997

52.236-26 Preconstruction Conference. Feb 1995

52.242-5 Payments to Small Business Subcontractors. Jan 2017

52.242-13 Bankruptcy. Jul 1995

52.242-14 Suspension of Work Apr 1984

52.243-4 Changes Jun 2007

52.246-21 Warranty of Construction Mar 1994

52.249-10 Default (Fixed-Price Construction) Apr 1984

52.252-2 Clauses Incorporated by Reference Feb 1998

1252.201-70 Contracting Officer’s Representative Nov 2022

1252.223-71 Accident and Fire Reporting Nov 2022

1252.223-73 Seat Belt Use Policies and Programs Nov 2022

1252.239-91 Records Management Nov 2022

1252.239-93 Information and Communication Technology Accessibility Nov 2022

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 ready for use not later than March 16, 2026. The time stated for completion shall include final cleanup of the premises.

52.211-12 LIQUIDATED DAMAGES – CONSTRUCTION

(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 $2,000.00 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.

(End of clause)

52.228-15 PERFORMANCE AND PAYMENT BONDS -CONSTRUCTION (JUN 2020)

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 required bonds. Unless the resulting contract price is valued at or below the threshold specified in Federal Acquisition Regulation 28.102-1(a) on the date of award of this contract, the successful offeror shall furnish performance and payment bonds to the Contracting Officer as follows:

(1) Performance bonds (Standard Form 25). The penal amount of performance bonds at the time of contract award shall be 100 percent of the original contract price.

(2) Payment Bonds (Standard Form 25A). The penal amount of payment bonds at the time of contract award shall be 100 percent of the original contract price.

(3) Additional bond protection. (i) The Government may require additional performance and payment bond protection if the contract price is increased. The increase in protection generally will equal 100 percent of the increase in contract price.

(ii) The Government may secure the additional protection by directing the Contractor to increase the penal amount of the existing bond or to obtain an additional bond.

(c) Furnishing executed bonds. The Contractor shall furnish all executed bonds, including any necessary reinsurance agreements, to the Contracting Officer, within the time period specified in the Bid Guarantee provision of the solicitation, or otherwise specified by the Contracting Officer, but in any event, before starting work.

(d) Surety or other security for bonds. The bonds shall be in the form of firm commitment, supported by corporate sureties whose names appear on the list contained in Treasury Department Circular 570, individual sureties, or by other acceptable security such as postal money order, certified check, cashier's check, irrevocable letter of credit, or, in accordance with Treasury Department regulations, certain bonds or notes of the United States. Treasury Circular 570 is published in the Federal Register or may be obtained from the:

U.S. Department of the Treasury, Financial Management, Service Surety Bond Branch, 3700 East West Highway, Room 6 F01, Hyattsville, MD 20782.

Or via the internet at http://www.fms.treas.gov/c570/.

(e) Notice of subcontractor waiver of protection (40 U.S.C. 3133(c)). Any waiver of the right to sue on the payment bond is void unless it is in writing, signed by the person whose right is waived, and executed after such person has first furnished labor or material for use in the performance of the contract.

52.236-1 PERFORMANCE OF WORK BY THE CONTRACTOR (APR 1984)

The Contractor shall perform on the site, and with its own organization, work equivalent to at least __51___ percent of the total amount of work to be performed under the contract. This percentage may be reduced by a supplemental agreement to this contract if, during performing the work, the Contractor requests a reduction, and the Contracting Officer determines that the reduction would be to the advantage of the Government.

52.246-12 INSPECTION OF CONSTRUCTION (AUG 1996)

(a) Definition. "Work" includes, but is not limited to, materials, workmanship, and manufacture and fabrication of components.

(b) 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. The Contractor shall maintain complete inspection records and make them available to the Government. 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.

(c) Government inspections and tests are for the sole benefit of the Government and do not-

(1) Relieve the Contractor of responsibility for providing adequate quality control measures;

(2) Relieve the Contractor of responsibility for damage to or loss of the material before acceptance;

(3) Constitute or imply acceptance; or

(4) Affect the continuing rights of the Government after acceptance of the completed work under paragraph (i) of his- section.

(d) 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.

(e) The Contractor shall promptly furnish, at no increase in contract price, all facilities, labor, and material reasonably needed for performing such safe and convenient inspections and tests as may be required by the Contracting Officer. The Government may charge to the Contractor any additional cost of inspection or test when work is not ready at the time specified by the Contractor for inspection or test, or when prior rejection makes reinspection or retest necessary. The Government shall perform all inspections and tests in a manner that will not unnecessarily delay the work. Special, full size, and performance tests shall be performed as described in the contract.

(f) The Contractor shall, without charge, replace or correct work found by the Government not to conform to contract requirements, unless in the public interest the Government consents to accept the work with an appropriate adjustment in contract price. The Contractor shall promptly segregate and remove rejected material from the premises.

(g) If the Contractor does not promptly replace or correct rejected work, the Government may-

(1) By contract or otherwise, replace or correct the work and charge the cost to the Contractor; or

(2) Terminate for default the Contractor’s right to proceed.

(h) If, before acceptance of the entire work, the Government decides to examine already completed work by removing it or tearing it out, the Contractor, on request, shall promptly furnish all necessary facilities, labor, and material. If the work is found to be defective or nonconforming in any material respect due to the fault of the Contractor or its subcontractors, the Contractor shall defray the expenses of the examination and of satisfactory reconstruction. However, if the work is found to meet contract requirements, the Contracting Officer shall make an equitable adjustment for the additional services involved in the examination and reconstruction, including, if completion of the work was thereby delayed, an extension of time.

(i) Unless otherwise specified in the contract, the Government shall accept, as promptly as practicable after completion and inspection, all work required by the contract or that portion of the work the Contracting Officer determines can be accepted separately. Acceptance shall be final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or the Government’s rights under any warranty or guarantee.

52.252-6 Authorized Deviations in Clauses (Nov 2020)

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

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

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.

(End of Clause)

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.

Notice Regarding Equitable Adjustments for Change Orders in Construction Contracts In accordance with FAR Part 36.211 and 43.204, this solicitation includes specific procedures and requirements for the definitization of equitable adjustments resulting from change orders under construction contracts. The contractor is required to follow the guidelines below when submitting proposals for equitable adjustments, regardless of whether the change order is initiated by the Government or the contractor:

(a) When a change order is issued under this contract, the contractor must submit an adequate change order proposal that provides sufficient detail for the contracting officer to conduct a meaningful analysis. The proposal must include:

(1) Itemized cost estimates for labor, materials, equipment, and any other relevant costs,

(2) Justifications for the requested adjustments, including a narrative description of the impact on the project; and

(3) Supporting documentation for all cost elements and time adjustments proposed.

The agency’s past performance data for definitizing equitable adjustments to change orders under construction contracts is presented below. This data reflects the time taken by the agency to definitize change orders in the past (3) three fiscal years:

Time to Definitize after Receipt of an Adequate Change Order Proposal

Number of Change Order Proposals Definitized

FY 2021 31 to 60 days 23

FY 2022 31 to 60 days 12

FY 2023 31 to 60 days 17

The contractor must submit the proposal for equitable adjustment within 30 calendar days of the issuance of the change order. Failure to submit an adequate proposal within this timeframe may result in delays or rejection of the request for adjustment.

Currently, the agency does not maintain a publicly accessible website containing this information.

(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) Eisenhower Lock

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.

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

C Eisenhower Lock Technical References (zip file)

D Davis-Bacon Act WD # NY20250009

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

52.204-7 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

52.204-29 Federal Acquisition Supply Chain Security Act Orders - Representation and Disclosures. Dec 2023

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

52.222-5 Construction Wage Rate Requirements-Secondary Site of Work May 2014

52.222-38 Compliance with Veterans’ Employment Reporting Requirements Feb 2016

52.223-1 Biobased Product Certification (Deviation Feb 2025) Feb 2025

52.223-4 Recovered Material Certification May 2008

52.225-10 Notice of Buy American Requirement -Construction Materials May 2014

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

52.228-1 Bid Guarantee Sept 1996

52.228-17 Individual Surety -Pledge of Assets (Bid Guarantee) Feb 2021

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

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)

52.204-24 REPRESENTATIONS REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES (Nov 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Products or Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a)Definitions. As used in this provision—

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b)Prohibition. (1)Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub.

L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.

Nothing in the prohibition shall be construed to— (i)Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii)Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2)Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.

This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to—

(i)Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii)Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c)Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) ( https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".

(d)Representation. The Offeror represents that—

(1)It □ will, □ will not provide covered telecommunica ons equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument…