693JF717R00013.pdf

SOLICITATION, OFFER,

AND AWARD

2. TYPE OF SOLICITATION

6. PROJECT NO. 4. CONTRACT NO. 5. REQUISITION/PURCHASE REQUEST NO.

PAGE OF PAGES

7. ISSUED BY CODE 8. ADDRESS OFFER TO

SOLICITATION

(Construction, Alteration, or Repair)

1. SOLICITATION NO. 3. DATE ISSUED

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

9.

INFORMATION

a. NAME b. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

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

CALL:

FOR

SEALED BID (IFB)

NEGOTIATED (RFP)

MMAPR5207170320

US DOTMARITIME ADMINISTRATION

1200 NEW JERSEY AVENUE SE

MAIL STOP W-28-201

WASHINGTON DC 20590-0001

MARAD-00091

US DOT/Maritime Administration, MAR 380

Office of Acquisition, W26-414 1200 New Jersey Avenue, SE Washington, DC 20590-0001

ALFREDIA RICH-MURPHY 202-366-0020

1x

693JF717R00013

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

PROJECT TITLE: Land Hall Roadway Resurfacing and Drainage System Upgrade located at the US Merchant Marine Academy (USMMA, 300 Steamboat Road Kings Point, NY 11024.

The magnitude of this project is between $25,000 and $100,000 dollars.

The Statement of Work/Technical Requirements/Exhibits, etc. are included in this solicitation and will be included in the award document.

In accordance with 19.502-2--Total Small Business Set-Aside.

11. The Contractor shall begin performance

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

award, notice to proceed. The performance period is mandatory negotiable. (See ________________________________________________.)

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and is not required.is, b. An offer guarantee

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.

(date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

d. Offers providing less than

12b. CALENDAR DAYSYES NO

(If "YES", indicate within how many calendar days after award in Item 12b.)

7 25 calendar days and complete it within ________________ ________________ calendar days after receiving

08/21/2017

NSN 7540-01-155-3212

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

STANDARD FORM 1442 (Rev. 4-85)

Prescribed by GSA

FAR(48 CFR) 53.236-1(d)

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.)

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code) 15. TELEPHONE NO. (Include area code)

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

CODE FACILITY CODE

AMOUNTS

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

19. ACKNOWLEDGEMENT OF AMENDMENTS

OFFER (Must be fully completed by offeror)

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

AMENDMENT NO.

DATE.

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

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this document and return (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 31c. DATE

BY

2PAGE OF

US DOTMARITIME ADMINISTRATION

1200 NEW JERSEY AVENUE SE

MAIL STOP W-28-201

WASHINGTON DC 20590-0001

MARAD-00091

Alfredia Rich-Murphy

28. NEGOTIATED AGREEMENT 29. AWARD

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, copies to issuing office.)

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

STANDARD FORM 1442 (REV. 4-85) BACK

Continued...

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

3 22

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

693JF717R00013

Delivery: 09/28/2017

Delivery Location Code: MARAD-00095

USMERCHANT MARINE ACADEMY PROCURE

US DOTMARITIME ADMINISTRATION

300 STEAMBOAT ROAD

KINGS POINT NY 11024-1699 USA

FOB: Destination

00001 Paving and drainage project at Land Hall.

Period of Performance: 08/30/2017 to 09/28/2017

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

Negotiated Document No.

693JF717R00013

Document Title

LAND HALL ROADWAY RESURFACING AND

DRAINAGE SYSTEM UPGRADE

Table of Contents

SECTION C. DESCRIPTION OF REQUIREMENT – STATEMENT OF WORK (SOW)

C.1 BACKGROUND

C.2 SCOPE

C.3 TECHNICAL REQUIREMENTS

C.4 GENERAL

C.9 ACRONYMS

SECTION E. INSPECTION AND ACCEPTANCE

E.1 52.252-02 Clauses Incorporated by Reference

E.2 Delegation of Authority for Inspection and Acceptance

E.3 Place of Inspection and Acceptance

E.4 Final Acceptance

SECTION F. DELIVERIES OR PERFORMANCE

F.1 Period of Performance

F.2 Place of Performance

52.211-10 -- Commencement, Prosecution, and Completion of Work (Apr 1984)

SECTION G. CONTRACT ADMINISTRATION DATA

52.236-26 -- PRECONSTRUCTION CONFERENCE (Feb 1995)

SECTION H. SPECIAL CONTRACT REQUIREMENTS

SECTION I. CONTRACT CLAUSES AND PROVISIONS

52.211-12 -- Liquidated Damages – Construction (Sep 2000)

52.228-13 -- Alternative Payment Protections (Jul 2000)

Required Insurance (IAW FAR 28.306(b))

SECTION J. LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

SECTION K. REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF OFFERORS

52.204-8 -- Annual Representations and Certifications (Jan 2017)

SECTION L. INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS OR RESPONDENTS

L.1 SITE VISIT

L.2 PROPOSAL SUBMISSION INSTRUCTIONS AND DUE DATE

52.216-1 – TYPE OF CONTRACT (Apr 984)

SECTION M. EVALUATION FACTORS FOR AWARD

Document Title

LAND HALL ROADWAY RESURFACING AND

SECTION C. DESCRIPTION OF REQUIREMENT – STATEMENT OF WORK (SOW)

LAND HALL ROADWAY RESURFACING AND

U.S. MERCHANT MARINE ACADEMY

KINGS POINT, NEW YORK

April 18, 2017

U.S. DEPARTMENT OF TRANSPORTATION

MARITIME ADMINISTRATION

Document Title

LAND HALL ROADWAY RESURFACING AND

U.S. MERCHANT MARINE ACADEMY

C.1 BACKGROUND

The United States Merchant Maritime Academy (USMMA) is operated by the Maritime Administration

(MARAD): an agency of the United States Department of Transportation.

C.2 SCOPE

The USMMA seeks a licensed, insured, qualified and experienced contractor to provide labor, material, transportation, tools, equipment, supervision, and all other necessary resources to complete the resurfacing of the roadway, including curbs, behind Land Hall and the upgrade of the drainage system in that area.

The fact that this roadway does not have any storm water catch basins has led to severe erosion of the road surface and curbs. This presents a safety hazard to pedestrians and vehicular traffic.

C.3 TECHNICAL REQUIREMENTS

The offeror in response to this solicitation is to provide its detailed technical approach which addresses how the contractor will meet every facet of the Technical Requirements, while conforming to federal, state, and local statutes, regulations, ordinances, and codes. The Technical Requirements include but are not limited to the following:

1. Offeror to provide its Critical Path Method Schedule for the work of resurfacing of the roadway, including curbs, behind Land Hall and the upgrade of the drainage system in that area.

2. The contractor shall provide a signed 25-year warranty of any damage, defective material and improper workmanship on any material provided in this contract.

3. Materials and labor to be warranted for a minimum of one year after completion of installation, and equipment to be warranted per manufacturer.

4. Survey work area and stake out utility lines.

5. 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.

6. Remove existing asphalt surface on roadway as per above scope (approximately 3,000 square feet of asphalt.

7. Install approximately 350 feet of 6” drainage pipe and approximately 22 catch basins (1’x1’x

2’deep), approximately every 25 feet apart. The Pipe shall be Ever-Green PVC Sewer & Storm

Drainage Pipe or approved equal and the basins shall be Pelkowski Precast or approved equal.

8. Replace approximately 600 linear feet of curb.

9. Saw cut the bottom two steps of the Land Hall staircase. Recast the bottom two steps matching the concrete as much as possible. Seal joints between new and old concrete to prevent water penetration.

10. Contractor shall submit an engineering drawing for approval for the repair of the staircase, prior

Document Title

LAND HALL ROADWAY RESURFACING AND

to commencement of the work.

11. Grade and compact areas to be asphalted. New asphalt shall consist of 6” RCA Type 1 Stabilized

Sub Base, 4” Binder (Type 3) and a 2” Top Course (Type 6, 6F2 or 6F3).

12. Install and finish asphalt.

13. Mark out and repaint curbs that are currently painted.

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

15. Contractor shall provide a 1-year warranty for this project.

16. 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.

C.4 GENERAL

1. The Contractor will ensure all materials and parts are compatible with the specific unit specified in this statement of work.

2. Contractor shall ensure that all systems will be checked, tested and started.

3. All work is to conform to federal, state and local building regulations and codes.

4. Maintain a work area compliant with safety standards.

5. Area worked on shall be cleaned and secured on a daily basis.

6. Any damage to existing facilities or appurtenances shall be repaired or replaced in kind, by the contractor at no additional cost to the Government.

7. Examine existing conditions prior to any repair activities, a site visit will be scheduled to inspect the site where services are to be performed.

8. Excess material and debris shall be disposed of in accordance with local and state ordinances.

9. No vehicles shall be driven on the sidewalks or grass. Unless granted specific exception due to site access limitations. Repair of landscape, if any, will be the sole responsibility of the contractor.

10. Make every effort to minimize the impact to the daily routine of the Academy.

11. Contractors shall be licensed, bonded and insured as mandated by federal, state and regulations, ordinances, and codes.

12. The USMMA is listed on the National Register of Historic Places. Therefore, all work shall be consistent with the Secretary of the Interior's Standards for the Treatment of Historic Properties (36

CFR part 68) http://www.nps.gov/tps/standards/four-treatments/treatment-guidelines.pdf.

All work shall meet or exceed the standards provided in the Secretary of the Interior’s Standards for

Rehabilitation and guidelines for applying the standards published by the National Park Service, U.S.

Department of the Interior 36 CFR 67.7 - Standards for rehabilitation.

C.8 GOVERNMENT FURNISHED PROPERTY, MATERIAL, EQUIPMENT OR

INFORMATION N/A

Document Title

LAND HALL ROADWAY RESURFACING AND

C.9 ACRONYMS

ANSI American National Standards Institute

ASME (Formally known as) American Society of Mechanical Engineers

ASHRAE American Society of Heating Refrigeration and Air Conditioning Engineers

CFR Code of Federal Regulations

COR Contract Officer Representative

EPA The United States Environmental Protection Agency

IEEE The Institute of Electrical and Electronics Engineers

MARAD United States Maritime Administration

NEC National Electrical Code ANSI/NFPA 70

NEMA National Electrical Manufacturers Association

NFPA National Fire Protection Association

NTP Notice to Proceed

TBD To Be Determined

USMMA Unites States Merchant Marine Academy

SECTION D. PACKAGING AND MARKING

N/A

SECTION E. INSPECTION AND ACCEPTANCE

E.1 52.252-02 Clauses Incorporated by Reference

(a) Clauses and provisions from the Federal Acquisition Regulation (FAR) and supplements thereto are incorporated in this document by reference and in full text. Those incorporated by reference have the same force and effect as if they were given in full text.

(b) Clauses and provisions in this document will be numbered in sequence, but will not necessarily appear in consecutive order.

(c) Sections K, L, and M will be physically removed from any resultant award, but will be deemed to be incorporated, by reference, in that award.

Clause Title Date

52.202-01 Definitions Nov 2013

52.246-12 Inspection of Construction AUG 1996

E.2 Delegation of Authority for Inspection and Acceptance

The Contracting Officer’s Representative shall be delegated the responsibility and authority to conduct inspection and acceptance duties for the awarded contract.

Document Title

LAND HALL ROADWAY RESURFACING AND

E.3 Place of Inspection and Acceptance

Inspection and Acceptance will be performed at the place of performance set forth in Section F.

E.4 Final Acceptance

Final acceptance of all construction completed under the awarded contract shall be made only upon certification of the final invoice as defined in the invoicing provisions contained in Section G. Such certification shall be made by the Contracting Officer or the designated representative.

SECTION F. DELIVERIES OR PERFORMANCE

F.1 Period of Performance

All work under this contract, including the delivery of final report and warranty shall be completed not later than 30 calendar days from the notice-to-proceed date of this contract. Work is to be performed during normal business hours 0700 to 1630, Monday through Friday unless approval is granted by the

Contracting Officer. The period of performance is tentative for August 30 through September 28, 2017.

F.2 Place of Performance

Contractor will perform the work described in this solicitation at the USMMA, 300 Steamboat Road, Great Neck, NY, 11024

CLAUSES INCORPORATED BY FULL TEXT

52.211-10 -- Commencement, Prosecution, and Completion of Work (Apr 1984)

The Contractor shall be required to

(a) commence work under this contract within 7 calendar days after receipt of bond and insurance information and the Contractor receives the notice to proceed,

(b) prosecute the work diligently, and

(c) complete the entire work ready for use not later than 30 calendar days* The time stated for completion shall include final cleanup of the premises. (End of Clause)

* The Contracting Officer shall specify either number of days after the date the contractor receives the notice to proceed, or a calendar date.

SECTION G. CONTRACT ADMINISTRATION DATA

(a) Upon award, this contract will be administered by the US Maritime Administration. The name, address, and telephone number of he Contracting Officer is:

Alfredia Rich-Murphy, Contracting Officer

1200 New Jersey Avenue, SE

Washington, DC 20590-0001

Document Title

LAND HALL ROADWAY RESURFACING AND

202-366-0020 alfredia.rich-murphy@dot.gov

(b) The Contracting Officer is the only person authorized to approve changes or modify any of the requirements under this contract and notwithstanding any provisions contained elsewhere in this contract, the authority remains solely with the Contracting Officer. In the event the Contractor effects any change at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in cost incurred as a result thereof.

(c) Contractual problems, of any nature, which might occur during the life of the contract must be handled in accordance with very specific public laws and regulations (e.g. FAR) and must be referred to the Contracting Officer for resolution. Only the Contracting is authorized to formally resolve such problems. Therefore, the contractor is directed to submit all such contractual problems to the immediate attention of the Contracting Officer.

(d) Any request for contract for contract changes/modifications shall be submitted to the Contracting

Officer.

(e) All correspondence concerning this contract, such as requests for information, explanation of terms, and contract interpretations, shall be submitted to the Contracting Officer.

Designation of Contracting Officer Representative is:

Richard Ronde, Planner/Estimator

Department of Public Works

U.S. Merchant Marine Academy

300 Steamboat Road

Kings Point, NY 11024

Office: 516.726.5606

Cell: 516.404.8329

RondeR@USMMA.edu or his authorized representative is designated as the Assistant Contracting Officer Representative for surveillance of workmanship and inspection of materials for work being performed under this contract.

This clause in no way authorizes anyone other than the Contracting Officer to commit the Government to changes in terms of the contract.

52.236-26 -- PRECONSTRUCTION CONFERENCE (Feb 1995)

If the Contracting Officer decides to conduct a preconstruction conference, the successful offeror will be notified and will be required to attend. The Contracting Officer’s notification will include specific details regarding the date, time, and location of the conference, any need for attendance by subcontractors, and information regarding the items to be discussed.

mailto:alfredia.rich-murphy@dot.gov file:///C:/Users/Alfredia.Rich-murphy/AppData/Local/Microsoft/Windows/Temporary%20Internet%20Files/Content.Outlook/9HSVRC03/RondeR@USMMA.edu

Document Title

LAND HALL ROADWAY RESURFACING AND

SECTION H. SPECIAL CONTRACT REQUIREMENTS

CLAUSES INCORPORATED BY REFERENCE

52.236-01 Performance of Work by the Contractor Apr 1984

52.236-02 Differing Site Conditions Apr 1984

52.236-03 Site Investigation and Conditions Affecting the Work Apr 1984

52.236-05 Material and Workmanship Apr 1984

52.236-06 Superintendence by the Contractor Apr 1984

52.236-07 Permits and Responsibilities Nov 1991

52.236-08 Other Contracts Apr 1984

52.236-09 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements.

Apr 1984

52.236-10 Operations and Storage Areas Apr 1984

52.236-11 Use and Possession Prior to Completion Apr 1984

52.236-12 Cleaning Up Apr 1984

52.236-13 Accident Prevention Nov 1991

52.236-14 Availability and Use of Utility Services Apr 1984

52.236-15 Schedules for Construction Contracts Apr 1984

SECTION I. CONTRACT CLAUSES AND PROVISIONS

52.252-02 Clauses Incorporated by Reference (FEB 1998)

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

http://acquisition.gov/far/current/html/FARTOCP52.html http://farsite.hill.af.mil/vffara.htm

52.202-01 Definitions Nov 2013

52.203-17 Contractor Employee Whistleblower Rights and Requirement To

Inform Employees of Whistleblower Rights

Apr 2014

52.204-09 Personal Identity Verification of Contractor Personnel Jan 2011

52.213-01 Fast Payment Procedure May 2006

52.213-02 Invoices Apr 1984

52.213-04 Terms and Conditions -- Simplified Acquisitions (Other Than

Commercial Items

Feb 2016

52.219-06 Notice of Total Small Business Set-Aside Nov 2011

52.222-03 Convict Labor Jun 2003

Document Title

LAND HALL ROADWAY RESURFACING AND

52.222-04 Contract Work Hours and Safety Standards Act—Overtime

Compensation

May 2014

52.222-05 Davis Bacon Act—Secondary Site of the Work May 2014

52.222-06 Construction Wage Rate Requirements Jul 2005

52.222-07 Withholding of Funds May 2014

52.222-08 Payrolls and Basic Records May 2014

52.222-09 Apprentices and Trainees Jul 2005

52.222-11 Subcontracts May 2014

52.222-14 Disputes Concerning Labor Standards Feb 1988

52.222-15 Certification of Eligibility May 2015

52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal

Employment Opportunity for Construction

Feb 1999

52.222-26 Equal Opportunity Apr 2015

52.222-27 Affirmative Action Compliance Requirements for Construction Apr 2015

52.222-36 Equal Opportunity for Workers With Disabilities Jul 2014

52.222-50 Combating Trafficking in Persons Mar 2015

52.223-18 Encouraging Contractor Policies to Ban Text Messaging While

Driving.

Aug 2011

52.223-3

Alt

Hazardous Material Identification and Material Safety Data Jan 1997

52.225-03 Buy American -- Free Trade Agreements--Israeli Trade Act May 2014

52.227-04 Patent Indemnity -- Construction Contracts Dec 2007

52.227-14 Rights in Data – General May 2014

52.228-05 Insurance -- Work on a Government Installation Jan 1997

52.228-15 Performance and Payment Bonds -- Construction Oct 2010

52.232-18 Availability of Funds Apr 1984

52.232-33 Payment by Electronic Funds Transfer-- System for Award

Management

Jul 2013

52.232-39 Unenforceability of Unauthorized Obligations Jun 2013

52.232-40 Providing Accelerated Payments to Small Business Subcontractors Dec 2013

52.233-01 Disputes May 2014

52.233-03 Protest after Award Aug 1996

52.233-04 Applicable Law for Breach of Contract Claim Oct 2004

52.236-26 Preconstruction Conference Feb 1995

52.242-14 Suspension of Work Apr 1984

52.243-04 Changes Jun 2007

52.243-05 Changes and Changed Conditions Apr 1984

52.246-21 Warranty of Construction Mar 1994

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

CLAUSES INCORPORATED BY FULL TEXT

Document Title

LAND HALL ROADWAY RESURFACING AND

52.211-12 -- Liquidated Damages – Construction (Sep 2000)

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of $100 for each calendar day of delay until the work is completed or accepted.

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

52.228-13 -- Alternative Payment Protections (Jul 2000)

(a) The Contractor shall submit one of the following payment protections:

(i) A payment bond.

(ii) An irrevocable letter of credit (ILC).

(iii) A tripartite escrow agreement. The prime contractor establishes an escrow account in a federally insured financial institution and enters into a tripartite escrow agreement with the financial institution, as escrow agent, and all of the suppliers of labor and material. The escrow agreement shall establish the terms of payment under the contract and of resolution of disputes among the parties. The

Government makes payments to the contractor’s escrow account, and the escrow agent distributes the payments in accordance with the agreement, or triggers the disputes resolution procedures if required.

(iv) Certificates of deposit. The contractor deposits certificates of deposit from a federally insured financial institution with the contracting officer, in an acceptable form, executable by the contracting officer.

(b) The amount of the payment protection shall be 100 percent of the contract price.

(c) The submission of the payment protection is required within 7 days of contract award.

(d) The payment protection shall provide protection for the full contract performance period plus a one-year period.

(e) Except for escrow agreements and payment bonds, which provide their own protection procedures, the Contracting Officer is authorized to access funds under the payment protection when it has been alleged in writing by a supplier of labor or material that a nonpayment has occurred, and to withhold such funds pending resolution by administrative or judicial proceedings or mutual, agreement of the parties.

(f) When a tripartite escrow agreement is used, the Contractor shall utilize only suppliers of labor and material that signed the escrow agreement.

Required Insurance (IAW FAR 28.306(b))

1. In accordance with FAR 52.228-5, the Contractor shall, at its own expense, procure and thereafter maintain the following kinds of insurance with respect to performance under the contract:

a. Workers’ compensation and employer’s liability Insurance: $ 100,000.00

b. General liability: $500,000.00

c. Automobile liability: $500,000.00; Bodily Injury: $500,000.00 each occurrence; $200,000.00

Document Title

LAND HALL ROADWAY RESURFACING AND

per person; property damage: $20,000.00 per occurrence.

2. State and Local Requirements.

If the Contractor, its employees and/or agents, must abide by the state of NY and/or local building codes.

3. Ownership.

The Maritime Administration will be the sole owner of any drawings, sketches, or pictures provided as a part of the RFP package.

4. Fire Safety Requirements.

The contractor shall obtain a permit from the city Fire Department prior to conducting any welding or soldering or whenever the use of open flame is necessary during the construction phase. The contractor and his employees will be required to adhere to any OSHA. (End of Clause)

IMPORTANT NOTE: ATTENTION: Minority, Women-owned, and Disadvantaged Business

Enterprises (DBEs)! The Department of Transportation (DOT), Short-Term Lending Program (STLP) offers working capital financing in the form of lines of credit to finance accounts receivable for transportation related contracts. Maximum line of credit is $750,000 with interest at the prime rate, as published daily in the Wall Street Journal, plus 1.75 percent. For further information, call (800) 532-

1169. Internet address: http://osdbuweb.dot.gov/.

THE MILLER ACT IS APPLICABLE AND PAYMENT AND PERFORMANCE BONDS IN A

PENAL AMOUNT EQUAL TO 100% OF THE CONTRACT PRICE AND ANY INCREASES ARE

REQUIRED.

SECTION J. LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

Document Number Title Date

Exhibit 1: NY12 General Decision Number: NY170012 (13pages) July 14, 2017

Exhibit 2 8 each Pictures (2 pages) May 23, 2017

SECTION K. REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF

OFFERORS

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

52.209-02 Prohibition on Contracting with Inverted Domestic Corporations--

Representation

Nov 2015

52.209-07 Information Regarding Responsibility Matters Jul 2013 http://osdbuweb.dot.gov/

Document Title

LAND HALL ROADWAY RESURFACING AND

52.204-8 -- Annual Representations and Certifications (Jan 2017)

(a)

(1) The North American Industry Classification System (NAICS) code for this acquisition is

238110.

(2) The small business size standard is $15.0 million.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b)

(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the provision at 52.204-7 is not included in this solicitation, and the offeror is currently registered in the System for Award Management (SAM), and has completed the Representations and Certifications section of SAM electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certification in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:

[_] (i) Paragraph (d) applies.

[_] (ii) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c)

(1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—

(A) The acquisition is to be made under the simplified acquisition procedures in

Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

Document Title

LAND HALL ROADWAY RESURFACING AND

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain

Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal

Confidentiality Agreements or Statements—Representation. This provision applies to all solicitations.

(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.

(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(vi) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations—

Representation.

(vii) 52.209-5; Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(viii) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a

Felony Conviction under any Federal Law. This provision applies to all solicitations.

(ix) 52.214-14, Place of Performance--Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the

Government.

(x) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(xi) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

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(A) The basic provision applies when the solicitations are issued by other than

DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(xii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

(xiii) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xiv) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xv) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.

(xvi) 52.222-57, Representation Regarding Compliance with Labor Laws (Executive

Order 13673). This provision applies to solicitations expected to exceed $50 million which are issued from October 25, 2016 through April 24, 2017, and solicitations expected to exceed $500,000, which are issued after April 24, 2017.

Note to paragraph (c)(1)(xvi): By a court order issued on October 24, 2016, 52.222-57 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and

NASA will publish a document in the Federal Register advising the public of the termination of the injunction.

(xvii) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and

Construction Contracts.

(xviii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA- designated items.

(xix) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals—

Representation. This provision applies to solicitations that include the clause at 52.204-7.

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(xx) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xxi) 52.225-4, Buy American--Free Trade Agreements--Israeli Trade Act Certificate.

(Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225- 3.

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.

(C) If the acquisition value is $50,000 or more but is less than $77,533, the provision with its Alternate II applies.

(D) If the acquisition value is $79,507 or more but is less than $100,000, the provision with its Alternate III applies.

(xxii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.

(xxiii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan--

Certification. This provision applies to all solicitations.

(xxiv) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certification. This provision applies to all solicitations.

(xxv) 52.226-2, Historically Black College or University and Minority Institution

Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.

(2) The following representations or certifications are applicable as indicated by the Contracting

Officer:

[Contracting Officer check as appropriate.]

___ (i) 52.204-17, Ownership or Control of Offeror.

___ (ii) 52.204-20, Predecessor of Offeror.

___ (iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End

Products.

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___ (iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Certification.

___ (v) 52.222-52 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Certification.

___ (vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material

Content for EPA-Designated Products (Alternate I only).

___ (vii) 52.227-6, Royalty Information.

___ (A) Basic.

___ (B) Alternate I.

___ (viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer

Software.

(d) The offeror has completed the annual representations and certifications electronically via the SAM

Web site accessed through https://www.acquisition.gov . After reviewing the SAM database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference

(see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR Clause Title Date Change

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM.

(End of Provision) https://www.acquisition.gov/

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SECTION L. INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS OR

RESPONDENTS

L.1 SITE VISIT

A site-visit will be scheduled for Thursday, July 27, 2017 at 10:00 am EST at Place of Performance location mentioned in Section F of this solicitation. You must notify the Contracting Officer in this solicitation at email address: alfredia.rich-murphy@dot.gov 24 hours prior to the scheduled site-visit.

This is a tentative date that is subject to change in an amendment to the solicitation which will be posted at least 48 hours prior to the scheduled date. It is very IMPORTANT to include in the subject line of the email the Solicitation Number 693JF717R00013, Request for Site Visit. Also, include a return telephone number, name of your company, and point of contact name and number of people to attend.

L.2 PROPOSAL SUBMISSION INSTRUCTIONS AND DUE DATE

The offeror’s responses in this Section L must mirror section M. The price proposal must be separate from the technical proposal. Technical proposals must be complete, shall be limited to no more than 30 pages using Microsoft Word format, 12pt times New Times Roman font, double-spaced with 1 inch margins. In addition, the PWS will be incorporated into the contract award as fully executable.

1. Technical

(a) Technical Experience will be based on resumes of key personnel who has successfully performed at least 3 projects of similar nature and scope within the last 3 years.

(b) Technical Experience will also, be determined by the number of years the company has been in business performing projects of similar nature and scope. The number of years should be at least

5 years.

(c) Technical Approach. Each offeror’s technical proposal will be evaluated to determine if the offeror provides a sound, compliant approach that meets the requirements of the solicitation and demonstrates a thorough knowledge and understanding of those requirements. The technical proposal must include information on the products to be used in accomplishing the task and the contractor’s process/procedures they will be using to repair and resurface the courts and the proposed time frame it will take to complete the project. Provide picture samples of at least 2 projects of similar nature and scope within the last 5 years. The Offeror must provide its performance work schedule that falls within the required performance period stipulated in this solicitation. Submit schedule showing area to be worked on, dates of work, and estimated timeline for completion of the task(s).

2. Past performance on projects of similar nature and scope will be based on Offeror’s provided at least 3 references for work performed within the last three (3) years including the contract number, point of contact, phone number and period of performance. The Government also may check its Past Performance Evaluation systems for offeror’s past performance on previous contracts.

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3. Price should be in a separate volume and should be a firm-fixed price.

Address to submit proposals:

Proposals must be received at the physical address below or the email address below, no later than 12:00 noon on August 28, 2017.

You may submit your Questions via email to the email address below, no later than 3:00 pm on August

21, 2017. Response to the questions will be posted on the www.fbo.gov.

Alfredia Rich-Murphy, Contracting Officer

US Dept. of Transportation/Maritime Administration

Office of Acquisition (MAR380/Suite W26-414)

1200 New Jersey Avenue, SE

Washington, DC 20590-0001 alfredia.rich-murphy@dot.gov

52.216-1 – TYPE OF CONTRACT (Apr 984)

The Government contemplates award of a Firm-Fixed-Price (FFP) contract to a 100% Total Small

Business Set-aside contract resulting from this solicitation.

(End of Provision)

SECTION M. EVALUATION FACTORS FOR AWARD

The acquisition will utilize the Lowest-Priced-Technically-Acceptable (LPTA) procedure to make a best value award. The award will be based on the following evaluation criteria:

1. Technical

1a. Experience.

1b. Approach.

2. Past performance.

3. Price.

The award will be made to the lowest price offeror that is technically acceptable. If adequate price competition is not obtained or if price reasonableness cannot be determined using price analysis of

Government-obtained information, additional information in accordance with FAR 15.4 may be required to support the proposed price.

Note: Unrealistically low proposed prices or cost estimates, initially or subsequently, may be grounds http://www.fbo.gov/

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for eliminating a proposal from competition either on the basis that the offeror does not understand or the offeror has submitted unrealistic proposals. The Government may make a final determination as to whether the Offeror’s proposal is acceptable or unacceptable solely on the bases of the initial proposal as submitted. Offerors are advised to submit proposals that are fully and clearly acceptable without requests for additional information. Offerors are required to meet all solicitation requirements, such as terms and conditions and evaluation criteria as outlined in the RFP, SOW, drawing, and pictures to be eligible for award. The Government intends to select one contractor for the award. However, the

Government reserves the right to award no contract at all, depending on the quality of proposal(s) received and the availability of funds.