693JF717R00009_revised_6.6.17.pdf

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

OFFEROR

MARAD-00091

WASHINGTON DC 20590-0001

1200 NEW JERSEY AVENUE SE

MAR-380

OFFICE OF ACQUISITION

US DOTMARITIME ADMINISTRATION

MARAD-00095 CODE 16. ADMINISTERED BYCODE

X

X

X

237310

SIZE STANDARD:

100.00 % FOR:SET ASIDE:UNRESTRICTED ORMARAD-00091

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

06/30/2017 1200 ET

06/02/2017

202-366-2660Lachelle Johnson (No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBERa. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

693JF717R00009

5. SOLICITATION NUMBER

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF

1 37MMAPR5207170332OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

MAIL STOP W-28-201

TELEPHONE NO.

17a. CONTRACTOR/

KINGS POINT NY 11024-1699

300 STEAMBOAT ROAD

US DOTMARITIME ADMINISTRATION

USMERCHANT MARINE ACADEMY PROCURE

15. DELIVER TO

WASHINGTON DC 20590-0001

MAIL STOP W-28-201

1200 NEW JERSEY AVENUE SE

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$36.50

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULE

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

US DOTMARITIME ADMINISTRATION

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

The Maritime Administration's U.S. Merchant Marine Academy has a requirement to re-pave around Powel oval near Wiley Hall and upgrade of drainage system.

This is a Total Small Business Set-Aside.

Delivery: 60 Days After Notice to Proceed

00001 Labor - Re-paving around Powel oval near Wiley Hall.

Continued ...

(Use Reverse and/or Attach Additional Sheets as Necessary)

HEREIN, IS ACCEPTED AS TO ITEMS:

XX

DATED

Lachelle Johnson

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

OFFER

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

30b. NAME AND TITLE OF SIGNER (Type or print)

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT: REF.

lachelle.johnson Typewritten Text lachelle.johnson Typewritten Text

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

STANDARD FORM 1449 (REV. 2/2012) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

00002 Materials - Re-paving around Powel oval near

Wiley Hall.

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

26 2 of

693JF717R00009

TABLE OF CONTENTS:

Listing of Incorporated Purchase Requisitions

Section B - Supplies or Services and Prices/Costs Section C - Description/Specifications/Work Statement Section D - Packaging and Marking Section E - Inspection and Acceptance Terms Section F - Delivery or Performance Section G - Contract Administration Data Section H - Special Contract Requirements Section I - Contract Clauses Section J - List of Documents, Exhibits, and other Attachments Section K - Representations, Certifications, and Other Statements of Offerors Section L - Instructions, Conditions and Notices to Offerors Section M - Evaluation Factors for Award

Listing of Incorporated Purchase Requisitions

Incorporated Purchase Requisition Numbers:

MMAPR5207170332

Section B - Supplies or Services and Prices/Costs

Item Number Base Item Number

Supplies/Services Quantity Unit Price

0001 Re-paving - LABOR 1EA

0002 Re-paving- MATERIALS 1EA

Contract Type: Firm Fixed Price

TOTAL PRICE

Section C - Description/Specifications/Work Statement

C.1 GENERAL REQUIREMENTS

The USMMA is looking for a qualified, licensed and insured contractor to provide labor, material, transportation, tools, equipment and supervision to resurface the roadway behind Wiley Hall. The selected contractor, following New York State Department of Transportation

Standard Specifications, shall be responsible for completing the following tasks:

Survey work area and stake out utility lines.

Prior to commencing work, contractor shall submit for approval by engineer, samples and or specifications for all materials to be used on this project, including, asphalt, concrete, basins, pipe, etc.

Carefully remove existing asphalt surface of roadway so as not to damage existing marble curbs (approximately 12,000 square feet of asphalt). Preserve the marble curbs for later reinstallation.

Install approximately 725 feet of 6” drainage pipe and approximately 18 precast concrete catch basins (18”x18”x 24”deep). The

Pipe shall be Ever-Green PVC Sewer & Storm Drainage Pipe or approved equal and the basins shall be Pelkowski Precast or approved equal.

Reinstall approximately 825 linear feet of marble curb (using existing sections). The reveal shall be approximately 4”.

Install approximately 400 feet of new concrete curb.

Replace 50 sq ft section of concrete sidewalk.

Grade and compact areas to be asphalted. New asphalt (approximately 12,000) shall consist of 8” layer of Oversize Stone (6” or less), 4” layer of Binder (Type 3) and a 2” layer of Top Course (Type 6, 6F2 or 6F3).

Install and finish asphalt.

Mark out and repaint curbs that are currently painted.

Grade all the disturbed areas, add top soil and reseed.

Remove all containers, surplus materials, equipment, and debris and leave the site in a clean and orderly condition acceptable to the COR.

Contractor shall propose the longest possible warranty for this project.

The contractor shall be aware of the potential presence of hazardous materials, specifically lead-based paint and asbestos, in any buildings located at the USMMA. It is the responsibility of the contractor to take appropriate measures in accordance with all local, state, and federal environmental and occupational safety and health laws and regulations.

Section D - Packaging and Marking

D.1 PACKAGING AND MARKING

Preservation, packaging, and marking for all items delivered hereunder shall be in accordance with standard commercial shipping practices.

(a) Contract Number/Purchase Order Number

(b) Package number, description and quantity of items contained therein

(c) COR's name and telephone number

(d) Room number

(e) Contractor's name

D.2 SAFETY

State "Right to Know" laws and 29 CFR 1910.1200, Employee Hazard Communication Program, require manufacturers, importers and suppliers to label containers of toxic substances or hazardous chemicals with the chemical name and appropriate hazard warning and to provide Safety Data Sheets (SDS) for these substances. Hazard Material Information System (HMIS) data shall be provided, as required, on all packaging. Materials not meeting this requirement will not be accepted (off-loaded) by USMMA.

Section E - Inspection and Acceptance Terms

Clauses incorporated by reference

FAR Clause Reference Text 52.246-2 Inspection of Supplies – Fixed-Price (AUG 1996)

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

E.1 INSPECTION AND ACCEPTANCE

Inspection and acceptance of the supplies to be provided hereunder, shall be made by the USMMA appointed COR in accordance with the FAR clause 52.246-2 and 52.246-4, and will be performed unless otherwise necessary at the place of delivery.

E.2 QUALITY ASSURANCE

Unless otherwise specified in the contract, the Contractor is responsible for the performance of all inspection and testing requirements as stated in the specification.

Section F - Delivery or Performance

Line Item: 0001 and 0002

Delivery Date Delivery Address

To be proposed by the Contractor

USMMA

300 Steamboat Road

Kings Point, NY 11024

US

Article Number Reference Text 52.242-15 52.242-15 Stop-Work Order (AUG 1989)

52.247-35 52.247-35 F.o.b. Destination, within Consignee's Premises (APR 1984)

F.1 PLACE OF DELIVERY

Deliverables as required during the performance of the CLINS specified in Section B of this contract shall be delivered f.o.b.

destination within consignee's premises in accordance with Attachment A of this contract. The consignee for receipt of the deliverables is specified in Section G.2 below.

F.2 FEDERAL HOLIDAYS

(a) U.S. DOT observes the federal holidays that are listed on the Office of Personnel website at:

https://www.opm.gov/fedhol/.

F.3 GURANTEED FINAL REPORT/SAMPLES

If this contract is terminated prior to completion, the Contractor agrees to provide a full report including the work completed and the work that remains uncompleted in accordance with the proposed project plan and timeline proposed. During the life of the contract, the contractor shall continuously reserve sufficient funds from the amount allotted to guarantee the preparation and delivery of the work requirement outlined in the Statement of Work (Attachment A).

Section G - Contract Administration Data

OFFICE OF ACQUISITION

LaChelle Johnson

Contracting Officer U.S. Merchant Marine Academy

1200 New Jersey Avenue, SE W26-420 Washington DC 20590 Phone: 202-366-2660 Fax: Correspondence via fax will not be accepted

Email: LaChelle.Johnson@dot.gov

COR Office Address U.S. Merchant Marine Academy

Department of Public Works 300 Steamboat Road

Kings Point, NY 11024

POC: Richard Ronde, Jr.

Email: RondeR@usmma.edu https://www.opm.gov/fedhol/ mailto:Email:

mailto:Yajaira.Sierra-Sastre@bep.gov mailto:RondeR@usmma.edu

G.1 CONTRACTING OFFICER’S REPRESENTATIVE (COR) Appointment and Authority

(a) The COR is TBD.

(b) Performance of work under this contract is subject to the technical direction of the COR identified above, or a representative designated in writing. The term "technical direction" includes, without limitation, direction to the contractor that directs or redirects the labor effort, shifts the work between work areas or locations, and/or fills in details and otherwise serves to ensure that tasks outlined in the work statement are accomplished satisfactorily.

(c) Technical direction must be within the scope of the contract specification(s)/work statement. The COR does not have authority to issue technical direction that:

(1) Constitutes a change of assignment or additional work outside the contract specification(s)/work statement;

(2) Constitutes a change as defined in FAR clause 52.212-4(c);

(3) In any manner causes an increase or decrease in the contract price, or the time required for contract performance;

(4) Changes any of the terms, conditions, or specification(s)/work statement of the contract;

(5) Interferes with the contractor's right to perform under the terms and conditions of the contract; or

(6) Directs, supervises or otherwise controls the actions of the Contractor's employees.

(d) Technical direction may be oral or in writing. The COR must confirm oral direction in writing within five workdays, with a copy to the Contracting Officer.

(e) The Contractor shall proceed promptly with performance resulting from the technical direction issued by the COR. If, in the opinion of the Contractor, any direction of the COR or the designated representative falls within the limitations of (c) above, the Contractor shall immediately notify the Contracting Officer no later than the beginning of the next Government work day.

(End of clause)

FAR 52.223-33 Payment by Electronic Funds Transfer central Contractor registration (May 1999) is included in this solicitation/contract. All

Contractor payments will be made by EFT unless accepted or otherwise determined by the paying office designated in the contract.

INVOICE REQUIREMENTS:

Invoices can be mailed or submitted to the following address:

U.S. Mail

MARAD, A/P Branch AMZ-160

P.O. Box 2570

Oklahoma, OK 73125

FEDEX

MARAD A/P Branch, AMZ

6500 S. MACARTHUR BLVD.

Oklahoma, City, OK 73169

In addition, all vendors will have the option to send invoices electronically. The invoices must be in PDF format. Vendors can submit electronic invoices in the following email address:

MARADInvoices@FAA.GOV

a. Invoices shall be submitted through Electronic Invoice System (EIS) and inform MARAD of the submittal to EIS

b. To constitute a proper invoice, the invoice must include the following information and/or documentation

(1) Name of the business concern (Note this name much match the name on the contract document exactly. If another name is used on the invoice such as a Doing Business As (DBA) the name on the contract document must also be listed on the invoice document). Invoices that does not contain the name on the contract will be rejected.

(2) Invoice date

(3) Contract Number, or other authorization for supplies delivered or services performed

(4) Description price and quantity of supplies and services actual delivered or rendered

(5) Shipping and payment terms

(6) Name (where practicable), title, phone number, and complete mailing address of responsible official to whom payment is to be sent.

(7) Other substantiating documentation or information as required by the contract.

Upon completion of the web-based system, invoices shall be available on-line. The on-line version of the invoice shall provide the ACO with the capability of approving in full or partial payments or rejecting invoices in total.

G.2 CONTRACT ADMINISTRATION OFFICE

(a) This contract will be administered by:

U.S. Department of Transportation/Maritime Administration

Office of Acquisition

1200 New Jersey Avenue, SE

Washington, DC 20590

(b) Written communication to the Contracting Officer (CO) shall make reference to the contract number.

Section H - Special Contract Requirements

H.1 TYPE OF CONTRACT

The government contemplates award of a Firm Fixed Price (FFP) contract.

H.2 INTERPRETATION OF CONTRACT REQUIREMENTS

No interpretation of any provision of this contract, including applicable specification(s)/work statement, shall be binding on the Government unless furnished or agreed to in writing by the CO.

H.3 SECURITY REQUIREMENTS

The U.S. Merchant Marine Academy’s facilities are considered to be secure government facilities; therefore visitors to USMMA must have a valid driver’s license and will check in with guards at the entrance gate.

The COR will notify the Contractor of any changes to the position sensitivity level for personnel performing under the contract. The COR will also coordinate with MARITIME ADMINISTRATION Security Division concerning any adjustments to the position sensitivity levels. If any adjustments are made the COR will notify the Contractor of the requirements thereof.

H.4 KEY PERSONNEL

(a) Contractor personnel authorized and approved to perform services under this contract are considered to be Key personnel and shall not be removed or replaced without the prior written approval of the CO.

(b) Should the Contractor need to remove or replace any individual from the contract (e.g., promotion, attrition, firing, long-term illness, death, etc.) they shall notify the COR and CO in writing immediately upon realizing that a change is imminent. The Contractor shall include in the written notification an explanation as to why the removal or replacement is necessary, including the name of the individual(s) being removed or replaced, the expected date the change is to occur, a plan for maintaining current support and/or a plan for transitioning support as well as any other important information.

(c) The resume(s) of the proposed replacement(s) and/or substitute(s) shall be submitted for COR and CO review and assessed. The proposed replacement's qualifications and experience shall be at least equal to those of the individual(s) being replaced.

(1) The CO will notify the Contractor upon completion of COR and CO review.

H.5 POST AWARD MEETING

At its discretion, the USMMA COR may schedule and conduct a post award meeting with the Contractor after contract award. The objectives of this meeting would be to; introduce key participants and explain their roles, review Deliverables, review the performance work statement and tasks to ensure a common understanding of the requirements and objectives, as well as other matters of importance and relevance. The day(s) and time(s) of any such meeting will be determined after contract award.

H.6 ORGANIZATIONAL CONFLICTS OF INTEREST

(a) The Contractor warrants that, to the best of the Contractor's knowledge and belief, there are no relevant facts or circumstances which could give rise to an organizational conflict of interest (OCI), as defined in FAR 9.5, Organizational and Consultants Conflicts of Interest, or that the Contractor has disclosed all such relevant information.

(b) The Contractor agrees that if an actual or potential OCI is discovered after award, the Contractor shall make a full disclosure in writing to the Contracting Officer. This disclosure must include a description of actions, which the Contractor has taken or proposes to take, after consultation with the Contracting Officer, to avoid, mitigate, or neutralize the actual or potential conflict.

(c) The Contracting Officer may terminate this contract for convenience, in whole or in part, if it deems such termination necessary to avoid an OCI. If the Contractor was aware of a potential OCI prior to award or discovered an actual or potential conflict after award and did not disclose or misrepresented relevant information to the Contacting Office, the Government may terminate the contract for default, debar the Contractor from Government contracting, or pursue such other remedies as may be permitted by law or this contract.

(d) The Contractor must include this clause in all subcontracts and in lower tier subcontracts unless a waiver is requested from, and granted by, the Contracting Officer.

(e) In the event that a requirement changes in such a way as to create a potential conflict of interest for the Contractor, the Contractor must:

(1) Notify the Contracting Officer of a potential conflict, and;

(2) Recommend to the Government an alternate approach which would avoid the potential conflict, or

(3) Present for approval a conflict of interest mitigation plan that will:

(i) Describe in detail the changed requirement that creates the potential conflict of interest; and

(ii) Outline in detail the actions to be taken by the Contractor or the Government in the performance of the task to mitigate the conflict, division of subcontractor effort, and limited access to information, or other acceptable means.

(4) The Contractor must not commence work on a changed requirement related to a potential conflict of interest until specifically notified by the Contracting Officer to proceed.

(5) If the Contracting Officer determines that it is in the best interest of the Government to proceed with work, notwithstanding a conflict of interest, a request for waiver must be submitted in accordance with FAR 9.503.

H.7 CONTROL AND DISPOSAL OF HAZARDOUS CHEMICALS

The Contractor shall comply with the Occupational Safety and Health Administration (OSHA) regulations 29 CFR Parts 1910 and 1926. Attention is directed to the control of hazardous material, Section 1910.1200 of the OSHA regulations and the Environmental Protection Agency regulations concerning the disposal of hazardous waste [Solid Waste Disposal Act, as amended by the Resources Conservation Act of 1976, as amended (42 U.S.C. 6901 et seq.)].

H.8 NOTICE TO THE GOVERNMENT OF DELAYS

In the event the Contractor encounters difficulty in meeting performance requirements, or when it anticipates difficulty in complying with the contract or any Delivery order delivery schedule or date, or whenever the Contractor has knowledge that any actual or potential situation is delaying or threatens to delay the timely performance of this contract or of a Delivery order, the Contractor shall immediately notify the CO and the COR, in writing. The notice shall give pertinent details, provided; however, that this data shall be informational only in character and that receipt thereof shall, in no event, be construed as a waiver by the Maritime Administration of any delivery schedule or date or of any rights or remedies provided by law or under this contract. The notice must be provided in no less than 15 days before the performance/delivery/completion date specified in the contract.

H.9 INDEMNIFICATION

(a) Responsibility for Government Property: The Contractor assumes full responsibility for and shall indemnify the Government against any and all losses or damage of whatsoever kind and nature to any and all Government property, including any equipment, supplies, accessories, or parts furnished, while in his custody and care for storage, repairs, or service to be performed under the terms of this contract, resulting in whole or in part from the negligent acts or omissions of the Contractor, any subcontractor, or any employee, agent or representative of the Contractor or subcontractor.

If due to the fault, negligent acts (whether of commission or omission) and/or dishonesty of the Contractor or its employees, any Government-owned or controlled property is lost or damaged as a result of the Contractor's performance of this contract, the Contractor shall be responsible to the Government for such loss or damage, and the Government, at its option, may in lieu of payment thereof, require the Contractor to replace at his own expense, all property lost or damaged.

(b) Hold Harmless and Indemnification Agreement: The Contractor shall save and hold harmless and indemnify the Government against any and all liability claims, and cost of whatsoever kind and nature for injury to or death of any person or persons and for loss or damage to any Contractor property or property owned by a third party occurring in connection with or in any way incident to or arising out of the occupancy, use, service, operation, or performance of work under the terms of this contract, resulting in whole or in part from the acts or omissions of the Contractor, any subcontractor, or any employee, agent, or representative of the Contractor or subcontractor.

(c) Government's Right of Recovery: Nothing in the above paragraphs shall be considered to preclude the Government from receiving the benefits of any insurance the Contractor may carry which provides for the indemnification of any loss or destruction of, or damages to property in the custody and care of the Contractor where such loss, destruction or damage is to Government property. The Contractor shall do nothing to prejudice the Government's right to recover against third parties for any loss, destruction of, or damage to Government property, and upon the request of the Contracting Officer shall, at the Government's expense, furnish to the Government all reasonable assistance and cooperation (including assistance in the prosecution of suit and the execution of instruments of assignment in favor of the Government) in obtaining recovery.

(d) Government Liability: The Government shall not be liable for any injury to the Contractor's personnel or damage to the Contractor's property unless such injury or damage is due to negligence on the part of the Government and is recoverable under the Federal Torts Claims Act, or pursuant to other Federal statutory authority.

Section I - Contract Clauses

FAR Clause and Reference Text 52.202-1 Definitions (NOV 2013)

52.203-3 Gratuities (APR 1984)

52.203-5 Covenant Against Contingent Fees (MAY 2014)

52.203-6 Restrictions on Subcontractor Sales to the Government (SEPT 2006)

52.203-7 Anti-Kickback Procedures (MAY 2014)

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 (OCT 2010)

52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights (APR 2014)

52.204-4 Printed or Copied Double-Sided on Recycled Paper (MAY 2011)

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (OCT 2015)

52.204-13 System for Award Management Maintenance (JUL 2013) 52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (AUG 2013)

52.215-2 Audit and Records-Negotiation (OCT 2010)

52.215-8 Order of Precedence-Uniform Contract Format (OCT 1997)

52.219-6 Notice of Total Small Business Set-Aside (NOV 2011)

52.219-14 Limitations on Subcontracting (NOV 2011)

52.222-3 Convict Labor (June 2003)

52.222-5 Construction Wage Rate Requirements—Secondary Site of the Work MAY 2014 52.222-6 Construction Wage Rate Requirements MAY 2014 52.222-7 Withholding of Funds MAY 2014 52.222-8 Payrolls and Basic Records MAY 2014 52.222-12 Contract Termination-Debarment MAY 2014 52.222-13 Compliance with Construction Wage Rate Requirements and Related Regulations MAY 2014

52.222-14 Disputes Concerning Labor Standards FEB 1988

52.222-19 Child Labor-Cooperation with Authorities and Remedies (FEB 2016)

52.222-21 Prohibition of Segregated Facilities (APR 2015)

52.222-26 Equal Opportunity (APR 2015)

52.222-37 Employment Reports on Veterans(FEB 2016)

52.222-40 Notification of Employee Rights Under the National Labor Relations Act (DEC 2010)

52.222-41 Service Contract Labor Standards (MAY 2014)

52.222-50 Combating Trafficking in Persons (MAR 2015)

52.223-3 Hazardous Material Identification And Material Safety Data JAN 1997

52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011

52.223-11 Ozone-Depleting Substances MAY 2001 52.223-15 Energy Efficiency in Energy-Consuming Products (DEC 2007)

52.223-18 Encouraging Contractor Policy to Ban Text Messaging While Driving (AUG 2011)

52.225-13 Restrictions on Certain Foreign Purchases (JUNE 2008)

52.232-1 Payments (APR 1984)

52.232-11 Extras (APR 1984)

52.232-23 Assignment of Claims (MAY 2014)

52.232-25 Prompt Payment (JUL 2013)

52.232-33 Payment by Electronic Funds Transfer-System for Award Management (JUL 2013)

52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013)

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 52.236-3 Site Investigation and Conditions Affecting the Work (APR 1984)

52.236-5 Material and Workmanship APR 1984 52.236-7 Permits and Responsibilities NOV 1991 52.236-12 Cleaning Up APR 1984 52.236-13 Accident Prevention (Nov 1991) - NOV 1991 52.236-21 Specifications and Drawings for Construction FEB 1997 52.236-28 Preparation of Proposals--Construction OCT 1997 52.242-13 Bankruptcy (JULY 1995)

52.243-4 Changes-Fixed Price (JUN 2007)

52.244-6 Subcontracts for Commercial Items (FEB 2016)

52.246-12 Inspection of Construction AUG 1996 52.246-25 Limitation of Liability--Services (FEB 1997)

52.249-2 Termination for Convenience of the Government (Fixed-Price) APR 2012 52.249-8 Default (Fixed-Price Supply and Service) (Apr 1984)

52.253-1 Computer Generated Forms (JAN 1991)

52.204-7 System for Award Management (JUL 2013)

Clauses incorporated by full text

52.222-35 Equal Opportunity for Veterans (JUL 2014)

(a) Definitions. As used in this clause-

"Active duty wartime or campaign badge veteran," "Armed Forces service medal veteran," "disabled veteran," "protected veteran," "qualified disabled veteran," and "recently separated veteran" have the meanings given at FAR 22.1301.

(b) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR

60-300.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified protected veterans, and requires affirmative action by the Contractor to employ and advance in employment qualified protected veterans.

(c) Subcontracts. The Contractor shall insert the terms of this clause in subcontracts of $100,000 or more unless exempted by rules, regulations, or orders of the Secretary of Labor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.

52.222-36 Equal Opportunity for Workers with Disabilities (JUL 2014)

(a) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-741.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified individuals on the basis of disability, and requires affirmative action by the Contractor to employ and advance in employment qualified individuals with disabilities.

(b) Subcontracts. The Contractor shall include the terms of this clause in every subcontract or purchase order in excess of

$15,000 unless exempted by rules, regulations, or orders of the Secretary, so that such provisions will be binding upon each subcontractor or vendor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs of the U.S. Department of Labor, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.

52.243-7 Notification of Changes (APR 1984)

(a) Definitions."Contracting Officer," as used in this clause, does not include any representative of the Contracting Officer.

"Specifically Authorized Representative (SAR)," as used in this clause, means any person the Contracting Officer has so designated by written notice (a copy of which shall be provided to the Contractor) which shall refer to this paragraph and shall be issued to the designated representative before the SAR exercises such authority.

(b) Notice. The primary purpose of this clause is to obtain prompt reporting of Government conduct that the Contractor considers to constitute a change to this contract. Except for changes identified as such in writing and signed by the Contracting Officer, the Contractor shall notify the Administrative Contracting Officer in writing promptly, within 5 (to be negotiated) calendar days from the date that the Contractor identifies any Government conduct (including actions, inactions, and written or oral communications) that the Contractor regards as a change to the contract terms and conditions. On the basis of the most accurate information available to the Contractor, the notice shall state-

(1) The date, nature, and circumstances of the conduct regarded as a change;

(2) The name, function, and activity of each Government individual and Contractor official or employee involved in or knowledgeable about such conduct;

(3) The identification of any documents and the substance of any oral communication involved in such conduct;

(4) In the instance of alleged acceleration of scheduled performance or delivery, the basis upon which it arose;

(5) The particular elements of contract performance for which the Contractor may seek an equitable adjustment under this clause, including-

(i) What contract line items have been or may be affected by the alleged change;

(ii) What labor or materials or both have been or may be added, deleted, or wasted by the alleged change;

(iii) To the extent practicable, what delay and disruption in the manner and sequence of performance and effect on continued performance have been or may be caused by the alleged change;

(iv) What adjustments to contract price, delivery schedule, and other provisions affected by the alleged change are estimated;

and

(6) The Contractor's estimate of the time by which the Government must respond to the Contractor's notice to minimize cost, delay or disruption of performance.

(c) Continued performance. Following submission of the notice required by paragraph (b) of this clause, the Contractor shall diligently continue performance of this contract to the maximum extent possible in accordance with its terms and conditions as construed by the Contractor, unless the notice reports a direction of the Contracting Officer or a communication from a SAR of the Contracting Officer, in either of which events the Contractor shall continue performance; provided, however, that if the Contractor regards the direction or communication as a change as described in paragraph (b) of this clause, notice shall be given in the manner provided. All directions, communications, interpretations, orders and similar actions of the SAR shall be reduced to writing promptly and copies furnished to the Contractor and to the Contracting Officer. The Contracting Officer shall promptly countermand any action which exceeds the authority of the SAR.

(d) Government response. The Contracting Officer shall promptly, within 30 (to be negotiated) calendar days after receipt of notice, respond to the notice in writing. In responding, the Contracting Officer shall either-

(1) Confirm that the conduct of which the Contractor gave notice constitutes a change and when necessary direct the mode of further performance;

(2) Countermand any communication regarded as a change;

(3) Deny that the conduct of which the Contractor gave notice constitutes a change and when necessary direct the mode of further performance; or

(4) In the event the Contractor's notice information is inadequate to make a decision under paragraphs (d)(1), (2), or (3) of this clause, advise the Contractor what additional information is required, and establish the date by which it should be furnished and the date thereafter by which the Government will respond.

(e) Equitable adjustments.

(1) If the Contracting Officer confirms that Government conduct effected a change as alleged by the Contractor, and the conduct causes an increase or decrease in the Contractor's cost of, or the time required for, performance of any part of the work under this contract, whether changed or not changed by such conduct, an equitable adjustment shall be made-

(i) In the contract price or delivery schedule or both; and

(ii) In such other provisions of the contract as may be affected.

(2) The contract shall be modified in writing accordingly. In the case of drawings, designs or specifications which are defective and for which the Government is responsible, the equitable adjustment shall include the cost and time extension for delay reasonably incurred by the Contractor in attempting to comply with the defective drawings, designs or specifications before the Contractor identified, or reasonably should have identified, such defect. When the cost of property made obsolete or excess as a result of a change confirmed by the Contracting Officer under this clause is included in the equitable adjustment, the Contracting Officer shall have the right to prescribe the manner of disposition of the property. The equitable adjustment shall not include increased costs or time extensions for delay resulting from the Contractor's failure to provide notice or to continue performance as provided, respectively, in paragraphs (b) and (c) of this clause.

Note: The phrases "contract price" and "cost" wherever they appear in the clause, may be appropriately modified to apply to cost-reimbursement or incentive contracts, or to combinations thereof.

1252.223-73 Seat belt use policies and programs (APR 2005)

In accordance with Executive Order 13043, Increasing Seat Belt Use in the United States, dated April 16, 1997, the contractor is encouraged to adopt and enforce on-the-job seat belt use policies and programs for its employees when operating company-owned, rented, or personally-owned vehicles. The National Highway Traffic Safety Administration (NHTSA) is responsible for providing leadership and guidance in support of this

Presidential initiative. For information on how to implement such a program or for statistics on the potential benefits and cost-savings to your company or organization, please visit the Buckle Up America section of NHTSA’s website at www.nhtsa.dot.gov. Additional resources are available from the Network of Employers for Traffic Safety (NETS), a public-private partnership headquartered in the Washington, D.C.

metropolitan area, and dedicated to improving the traffic safety practices of employers and employees. NETS is prepared to help with technical assistance, a simple, user friendly program kit, and an award for achieving the President’s goal of 90 percent seat belt use. NETS can be contacted at 1-888-221-0045 or visit its website at www.trafficsafety.org.

http://www.nhtsa.dot.gov/ http://www.trafficsafety.org/

SPECIAL CONTRACT REQUIREMENTS

1. SCHEDULE OF INSURANCE

a. The contractor shall, at its own expense, provide and maintain during the entire performance period of this contract at least the kinds and minimum amounts of insurance required below:

Workmen’s Compensation and Employer’s Liability Insurance: $100,000

General Liability Insurance for Bodily Injury Liability

Minimum Per Occurrence for Bodily Liability: $500,000

Minimum Per Each Accident for Property Damage: $100,000

Minimum Aggregate for Bodily Injury: $500,000

Automobile Liability Insurance Minimum Per Person $200,000

Minimum Per Occurrence for Bodily Injury $500,000

Minimum Per Occurrence for Property Damage $ 20,000

b. Before commencing work under this contract, the contractor shall certify to the Contracting Officer in writing that the required insurance has been obtained. The policies evidencing required insurance shall contain an endorsement to the effect that any cancellation or any material change adversely affecting the Government’s interest shall not be effective (1) for such period as the laws of the state in which this contract is to be performed or prescribed, and (2) until 30 days after the insurer of the contractor gives written notice to the Contracting Officer.

c. The contractor shall insert the substance of the clause entitled “Insurance Work on a Government Installation (FAR 52.228-

5),” in subcontracts under this contract that require work on a Government Installation and shall require subcontractors to provide and maintain the insurance required above.

2. SECURITY

The Contractor will be solely responsible for the security of its materials and equipment.

3. BID, PERFORMANCE AND PAYMENT BONDS

In accordance with FAR 52.228-15 Performance and Payment Bonds – Construction, 100 % of the quoted value for the project. Fully executed performance and payment bonds and the above referenced insurance certificate should be returned to this office within 7 days of award of contract. Bid Bonds are required with pricing and solicitation submittal. Refer to Bid Bond

Clause 52.228-1 Bid Bonds are required at 20% of the Total Value of the Bid being submitted by the contractor.

4. WAGE DETERMINATION

General Decision Number: NY160012 05/20/2016 NY12

Superseded General Decision Number: NY20150012

State: New York

Construction Types: Building, Heavy, Highway and Residential

Counties: Nassau and Suffolk Counties in New York.

BUILDING CONSTRUCTION PROJECTS, RESIDENTIAL CONSTRUCTION

PROJECTS (including single family homes and apartments up to and including 4 stories), HEAVY CONSTRUCTION PROJECTS, HIGHWAY

CONSTRUCTION PROJECTS

Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.15 for calendar year 2016 applies to all contracts subject to the Davis-Bacon Act for which the solicitation was issued on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least

$10.15 (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2016. The EO minimum wage rate will be adjusted annually. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts.

Modification Number Publication Date

0 01/08/2016

1 02/05/2016

2 02/19/2016

3 02/26/2016

4 03/04/2016

5 03/11/2016

6 04/08/2016

7 05/06/2016

8 05/20/2016

ASBE0012-001 12/28/2015

Rates Fringes

Asbestos Workers/Insulator

Includes application of all insulating materials, protective coverings, coatings and finishes to all types of mechanical systems.....................$ 64.36 32.46

HAZARDOUS MATERIAL HANDLER.......$ 39.00 12.75

BOIL0005-001 01/01/2013

BOILERMAKER......................$ 49.47 33%+22.87+a

FOOTNOTE:

a. PAID HOLIDAYS: New Year's Day, Thanksgiving Day, Memorial

Day, Independence Day, Labor Day and Good Friday, Friday after Thanksgiving, Christmas Eve Day and New Year's Eve

BRNY0001-001 07/01/2015

BRICKLAYER.......................$ 56.77 24.75

MASON - STONE....................$ 48.71 28.41

CARP0290-001 07/01/2014

Carpenters:

Building....................$ 43.03 33.96

Heavy & Highway.............$ 43.03 33.96

Residential.................$ 33.58 27.26

CARP0740-001 07/01/2015

MILLWRIGHT.......................$ 49.50 51.31

CARP1556-008 07/01/2015

DIVERS TENDERS..............$ 45.47 45.95

DIVERS......................$ 63.82 45.95

DOCKBUILDERS................$ 50.50 45.95

PILEDRIVERMAN...............$ 43.61 45.07

CARP1556-011 07/01/2015

TIMBERMEN...................$ 45.60 45.97

CARP2287-003 07/01/2014

CARPENTER

Soft Floor Layers...........$ 49.88 43.40

ELEC0025-001 04/25/2015

ELECTRICIAN......................$ 50.45 16%+22.57

ELEC0025-002 04/30/2016

Electricians:

Maintenance Unit............$ 42.20 12%+$16.83

Telephone Unit..............$ 36.78 16%+$17.33

Wiring for single or multiple family dwellings and apartments up to and including 3 stories.........$ 27.35 13%+11.35

* ELEC1049-002 04/03/2016

Line Construction:

Substation and Switching structures pipe type cable installation and maintenance jobs or projects; Railroad electrical distribution/ transmission systems maintenance (when work is not performed by railroad employees) Overhead and

Underground transmission/distribution line work. Fiber optic, telephone cable and equipment;

Groundman..................$ 31.37 21.25

Heavy Equipment Operator...$ 41.82 24.43

Lineman & Cable Splicer....$ 52.28 27.61

Material Man...............$ 45.48 25.55

ELEV0001-002 03/17/2013

ELEVATOR MECHANIC

Elevator Constructor........$ 57.01 27.605+a+b

Modernization and Repair....$ 45.14 27.455+a+b

a. PAID HOLIDAYS: New Year's Day, Good Friday, President's

Day, Memorial Day, Independence Day, Labor Day, Columbus

Day, Veteran's Day, Thanksgiving Day, Friday after

Thanksgiving, and Christmas Day.

b. PAID VACATION: An employee who has worked less than 5 years shall recieve vacation pay credit on the basis of 4% of his hourly rate for all hours worked; an employee who has worked 5 to 15 years shall receive vacation pay credit on the basis of 6% of his hourly rate for all hours worked;

an employee who has worked 15 or more years shall receive vacation pay credit on the basis of 8% of his hourly rate for all hours worked.

ENGI0138-001 06/01/2015

BUILDING CONSTRUCTION

Power equipment operators:

GROUP 1.....................$ 58.90 32.50+a

GROUP 2.....................$ 55.91 32.50+a

GROUP 3.....................$ 53.91 32.50+a

GROUP 4.....................$ 47.45 32.50+a

GROUP 5.....................$ 45.50 32.50+a

NOTES:

Hazmat premiums:

Level A 3.50

Level B 2.50

Level C 1.50

Level D 1.00

Oiler on truck cranes with boom length of 100 ft. or more

.25

a. Paid Holidays: New Year's Day, Lincoln's Birthday, Washington's Birthday or President's Day (in lieu of

Lincoln's or Washington's Birthday), Good Friday, Memorial

Day, Indpendence Day, Labor Day, Veteran's Day, Thanksgiving Day, Christmas Day or days celebrated as such.

Any holiday that falls on a Saturday will be celebrated on

Friday.

POWER EQUIPMENT OPERATOR CASSIFICATIONS

GROUP 1: Asphalt spreader, backhoe crawler capacity over cater- piller 225 and lomatsu 300, Boiler (thermoplastic), Cherry picker, over 50 tons, CMI or maxim spreader, concrete pump (with oiler), crane (crawler truck), crane

(on barge), crane (stone setting), crane (structural steel), crane (with clam shell), derrick, dragline, dredge, gradall, grader, hoist (3 drum), loading machine (bucket) cap of 10 yds or over micro-trap, with compressor (negative air machine), milling machine, large pile driver, power winch, Stone setting/structural steel, power winch (truck mounted/stone steel) powerhouse, road paver scoop, carry-all, scraper in tandem shovel, sideboom tractor, sideboom tractor (used in tank work), stone spreader (self propelled tank work), zamboni (ice machine)

GROUP 2: Backhoe, boom truck, bulldozer, cherypicker, conveyor (multi), dinky locomotive, forklift, hoist, 2 drum, loading machine, loading machine (front end) mechanical compactors, (machine drawn), mulch machine

(machine-fed), power winch, other than stone/structural steel, power winch (truck mounted other than stone steel) pump (hydraulic, with boring machine), roller, (asphalt), scoop (carry-all scraper), tower crane (maintenance man), trenching machine

GROUP 3: Comrpessor (structural steel), Compressor (2 or more in battery), concrete finishing machine, concrete spreader, conveyor, curb machine (asphalt or concrete), curing machine, fireman, hoist (1 drum), micro-trap, (self contained, negative air machine), pump (4 inches or over), pump (hydraulic), pump (jet), pump (sumbersible), pump

(well point), pulvi-mixer, ridge cutter, roller (dirt), striping machine, vac-all, welding and burning, welding machine (pile work), welding machine (structural steel)

GROUP 4: Compressor, compressor (on crane), compressor (pile work), compressor (stone setting), concrete breaker, concrete saw or cutter, forklift (walk behind, power operated), generator-pile work, generator, hydra hammer, mechanical compactors (hand operated), oiler (truck crane), pin puller, portable heaters, powerbroom, power buggies, pump (double action diaphgrgm), pump (gypsum), trench machine (hand), welding machine

GROUP 5: Batching plant (on site of job), generator (small), mixer (with skip), mixer (2 small with or without skip), mixer (2 bag or over, with or without skip), mulch machine, oiler, pump (centrifugal, up to 3 inches), root cutter, stump chipper, tower crane (oiler), tractor (caterpillar or wheel vibrator)

ENGI0138-002 06/01/2015

HEAVY & HIGHWAY

Power equipment operators:

GROUP 1.....................$ 62.07 32.75+a

GROUP 2.....................$ 58.03 32.75+a

GROUP 3.....................$ 55.98 32.75+a

GROUP 4.....................$ 49.35 32.75+a

GROUP 5.....................$ 47.39 32.75+a

GROUP 6.....................$ 35.19 10.40+a

NOTES:

Hazmat premiums:

Level A 3.50

Level B 2.50

Level C 1.50

Level D 1.00

Truck and Crawler Cranes long boom premiums:

boom lengths (including jib) 100-149 ft 1.00 boom lenghts (including jib) 150-249 ft 1.50 boom lenghts (including jib) 250-349 ft 2.00 boom lengths (including jib) 350 ft 3.00

Cranes using clamshell buckets .25

Front end loader 10 yds and above .25

Oiler on truck cranes with boom length of 100 ft. or more .25

a. Paid Holidays: New Years Day, Lincoln's Birthday, Washington's Birthday or Presidents Day (in lieu of

Lincoln's or Washington's Birthday, Good Friday, Memorial

Day, Independence Day, Labor Day, Columbus Day, Veteran's

Day, Thanksgiving Day, Christmas Day or days celebrated as such. Any holiday that falls on Saturday will be celebrated on Friday.

POWER EQUIPMENT OPERATOR CLASSIFICATIONS

GROUP 1: Asphalt spreader, backhoe crawler (capacity over caterpiller 225 and komatsu 300), boiler (thermoplastic), boring machine (post hole), cgherry picker (over 50 ton), CMI or maxim spreader, concrete pump, with oiler, crane

(crawler truck), crane (on barge), crane (stone setting) crane (structural steel), crane (with clam shell), derrick, dragline, dredge, gradall, grader, hoist (3 drums), loading machine (bucket) capacity of 10 yards or over, micro-trap

(with compressor-negative air machine), milling machine

(large), piledriver, power winch (stone setting structural steel), power winch (truck mounted/stone steel), power-house, road paver, scoop, carry all (scraper in tandem), shovel, sideboom tractor, sideboom tractor (used in tank work), stone spreader (self-propelled), tank work, tower crane

GROUP 2: Bulldozer, Backhoe, Boom Truck, Boring machine/augur, Cherrypicker, Conveyor (multi), Dinky

Locomotive, Forklift, Hoist (2 drum), Loading Machine, Loading Machine (front end), Mechanical Compactor (machine drawn), Mulch Machine (machine- fed), Power Winch (other than stone/structural steel), Power Winch (truck mounted/other than stone steel), Pump Hydraulic (with boring machine), Roller (asphalt), Scoop (carry-all, scraper), Tower Crane (maintenance man), Trenching Machine, Vermeer Cutter, Work Boat

GROUP 3: Curb Machine (asphalt or concrete), Maintenance

Engineer (small equipment), Maintenance engineer

(well-point) Mechanic (fieldman), Micro-Trap (self contained, negative air machine), Milling Machine (small), Pulvi-mixer, Pump (4 inches or over), Pump Hydraulic, Pump

Jet, Pump Submersible, Pump (well point), Roller Dirt, Vac-All, Welding and burning, Compressor…