693JF19B000002_-_USMMA_Barracks_Staircase_IFB.pdf

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO. 2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED

02/15/2019

PAGE OF PAGES

1 24

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

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

MMAPR520719000035

6. PROJECT NO.

7. ISSUED BY CODE

MARAD-00091

8. ADDRESS OFFER TO

Lisa Miles, Contracts Specialist MARAD- Office of Acquisition, MAR-380 1200 New Jersey Avenue S.E.

Washington, D.C. 20590

US DOTMARITIME ADMINISTRATION

1200 NEW JERSEY AVENUE SE

MAIL STOP W-28-201

WASHINGTON DC 20590-0001

9. FOR

INFORMATION

CALL:

a. NAME

Lisa Miles

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

202-366-1932

SOLICITATION

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

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

Department of Transportation/Maritime Administration/ United States Merchant Marine

Academy (USMMA)solicitation for a contractor to repair approximately 27 sets of

Barracks staircases identified within (Jones, Barry, Rogers, Cleveland, Delano, Murphy and Palmer Halls). Most of the staircases are heavily damaged and present a serious safety hazard to pedestrians. Prior to submitting a bid, contractors are encouraged to attend one (1) of the two(2)scheduled Site Visits offered in the

Invitation for Bid (IFB).

The primary location to entry of all buildings is located at the USMMA, 300

Steamboat Road, Great Neck, NY 11024.

The work for this project will consist of:

* Schedule of repairs of the staircases to ensure minimized disruption to the USMMA;

* Power wash all limestone staircases using an approved pH neutral soap or similar cleaner;

* No high pressure-water;

* Power wash all concrete using NorthStar Pressure Concrete Wash Concrete or approved equivalent;

* Remove and re-install all handrails;

* Handrail holes shall be filled and domed above level using no-shrink, non-metallic grout;

* Mortar shall match existing;

* Limestone shall match existing;

* Utilize 304 stainless steel pins;

* Grade all the disturbed areas, add topsoil and reseed; and

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

This announcement is a Total Small Business set-aside.

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

238110, with a small business size standard of $15,000,000.

In accordance with FAR 36.204, the magnitude of this construction project is between

$250,000 and $500,000. The work will be performed at various locations throughout the

USMMA campus.

693JF719B000002

lisa.miles Typewritten Text lisa.miles Typewritten Text X lisa.miles Typewritten Text

11. The Contractor shall begin performance After receipt of NTP calendar days and complete it within 90 calendar days after receiving award, x notice to proceed. The performance period is x mandatory negotiable. (See FAR 52.211-10

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

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

13. ADDITIONAL SOLICITATION REQUIREMENTS:

x YES NO 12b. CALENDAR DAYS

1 copies to perform the work required are due at the place specified in Item 8 by

3PM EST

(hour) local time a. Sealed offers in original and

03/25/2019 (date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due .

b. An offer guarantee X is required

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

d. Offers providing less than 30 calendar days for Government acceptance after the date offers are due will not be considered and will be rejected .

NSN 7540-01-155-3212 STANDARD FORM 1442 (Rev. 4-85)

Prescribed by GSA

FAR(48 CFR) 53.236-1(d)

AMOUNTS

OFFER (Must be fully completed by offeror)

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

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

19. ACKNOWLEDGEMENT OF AMENDMENTS

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

AMENDMENT NO.

DATE.

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

21. ITEMS ACCEPTED:

AWARD (To be completed by Government)

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

26. ADMINISTERED BY CODE MARAD-00095 27. PAYMENT WILL BE MADE BY

USMERCHANT MARINE ACADEMY PROCURE

DIVISION OF PROCUREMENT

MAR-3805

300 STEAMBOAT ROAD

KINGS POINT NY 11024-1699

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

28. NEGOTIATED AGREEMENT

(Contractor is required to sign this document and return copies to issuing office.)

Contractor agrees to furnish and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations,

29. AWARD

(Contractor is not required to sign this document.)

Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award.

No further contractual document is necessary.

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print) 31a. NAME OF CONTRACTING OFFICER (Type or print)

Erica Williams

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

BY

31c. DATE

STANDARD FORM 1442 (REV. 4-85) BACK

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

NAME OF OFFEROR OR CONTRACTOR

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED

693JF719B000002

PAGE OF

5 26

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

00001

The government intends to award a Firm - Fixed

Price Contract.

Period of Performance: Work is to be completed within 90 calendar days after the Notice-to-

Proceed (NTP) is issued to the awardee. As authorized by FAR 5.102, solicitation dissemination is limited to electronic medium, and the USMMA will provide no hard copies. The solicitation, consisting of various documents, specifications, forms, and/or drawings will only be available for download at no charge at the

Federal Business Opportunities (FBO) website

(http://www.fbo.gov ).

ATTENTION: Small Businesses in need of financial assistance please contact one of the Department of Transportation (DOT), Small Business

Transportation Resource Centers. For further information visit:

https://www.transportation.gov/osdbu/SBTRCs

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. A Bid Guarantee in an amount equal to

20% of the bid price will be required.

NOTE: All prospective contractors must be registered in the System for Award Management

(SAM) database at http://www.sam/gov/ before award of contract; failure to register in the SAM database will cause your firm to be ineligible for an award.

Delivery: 90 Days After Notice to Proceed

Delivery Location Code: MARAD-00095 US

MERCHANT MARINE ACADEMY PROCURE

US DOT MARITIME ADMINISTRATION

300 STEAMBOAT ROAD

Great Neck, NY 11024-1699 USA

FOB: Destination

Repair and replacement of approximately 27 sets of Barracks staircases at the (Jones, Barry, Rogers, Cleveland, Delano, Murphy and Palmer

Halls) in various locations throughout the USMMA campus.

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

Sponsored by GSA

FAR (48 CFR) 53.110

http://www.fbo.gov/ http://www.transportation.gov/osdbu/SBTRCs

NAME OF OFFEROR OR CONTRACTOR

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED

693JF719R000002

PAGE OF

6 26

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

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

Sponsored by GSA

FAR (48 CFR) 53.110

Repair of the Barracks Staircases Project

Place of service:

Date of issuance:

Bids Opening Date & Time:

Site Visits:

Description of service:

Repair and replacement of approximately 27 sets of Barracks staircases identified at the (Jones, Barry, Rogers, Cleveland, Delano, Murphy and Palmer Halls) at the USMMA. The work will be performed at various locations throughout the USMMA campus. For Specifications and Drawings

Reference Section J Attachment.

NAICS code: 238110 - Poured Concrete Foundation and Structure Contractors

Contract type: Firm Fixed Price (FFP)

Set Aside: Small Business

Mailing address:

Erica Williams

Contracting Officer

Office of Acquisition, MAR-380

Maritime Administration

U.S. Department of Transportation (DOT)

1200 New Jersey Avenue S.E.

Washington, D.C. 20590

U.S. MERCHANT MARINE ACADEMY (USMMA)

300 Steamboat Rd, Kings Point N.Y. 11024

February 15, 2019 March 25, 2019 at 3PM EST

Tuesday, March 5, 2019 at 10am EST at the DWP Bldg/USMMA Thursday, March 7, 2019 at 2pm EST at the DWP Bldg/USMMA

Contents Section A: -- Government Solicitation Contract Form

Section B: -- Supplies or Services - Prices / Cost / Options

Section C: -- Descriptions / Specifications Work Statement

Section D: -- Package and Markings

Section E: -- Inspection and acceptance

Section F: -- Delivery and performance

Section G: -- Contracting administration data

G.1 INVOICE REQUIREMENTS

G.2 ADDRESS OF CORRESPONDENCE

G.3 CONTRACTING OFFICER'S REPRESENTATIVE

Section H: -- Special contract requirements

Section I: -- Contract clauses; if clauses are referenced, read them from their original source

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

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

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

52.225-9 -- Buy American–Construction Materials. (May 2014)

52.233-2 SERVICE OF PROTEST (SEP 2006)

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

52.236-4 PHYSICAL DATA (APR 1984)

52.243-7 Notification of Changes. (APR 1984)

52.228-15 Performance and Payment Bonds - Construction. (OCT 2010)

52.246-1 Contractor Inspection Requirements (Apr 1984)

Section J: -- List of any attachments that have been appended to the contract solicitation

Section K: -- Representations, Certifications and other statements of offers

Section L -- Instructions, Conditions and Notices to Offerors

Section M -- Evaluation Factors for award

Section A: -- Government Solicitation Contract Form

Introduction:

The Maritime Administration (MARAD) is an agency of the United States Department of

Transportation (DOT). MARAD oversees the U.S. Merchant Marine Academy (USMMA). MARAD seeks a qualified, licensed and insured contractor to provide to provide labor, materials, transportation, tools, equipment and supervision to repair approximately 27 sets of staircases within

Barracks located at (Jones, Barry, Rogers, Cleveland, Delano, Murphy and Palmer Halls). Most of the staircases are heavily damaged and present a serious safety hazard to pedestrians.

The USMMA is listed on the National Register of Historic Place. Therefore, all work shall be consistent with the Secretary of the Interior’s Standard 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 – Standard for Rehabilitation.

The contractor will perform the tasks at: U.S. MERCHANT MARINE ACADEMY (USMMA) 300

Steamboat Road, Great Neck, N.Y. 11024

Section B: -- Supplies or Services - Prices / Cost / Options

CLIN # Description Price

0001 Repair and replacement of approximately 27 sets of Barracks staircases

Section C: -- Descriptions / Specifications Work Statement.

General Description of Work

The Maritime Administration (MARAD) of the U.S. Department of Transportation (DOT) requires repair and replacement of approximately 27 sets of Barracks staircases located in (Jones, Barry, Rogers, Cleveland, Delano, Murphy and Palmer Halls) at the United States Merchant Marine

Academy (USMMA) in Kings Point, NY to include:

- Schedule of repairs of the staircases so as to minimize the disruption to the USMMA

- Power wash all limestone staircases using an approved pH neutral soap or similar cleaner.

No high pressure-water.

- Power wash all concrete using NorthStar Pressure Concrete Wash Concrete or approved equivalent

- Remove and re-install all handrails.

- Handrail holes shall be filled and domed above level using no-shrink, non-metallic grout

- Mortar shall match existing

- Limestone shall match existing

- Utilize 304 stainless steel pins

- Grade all the disturbed areas, add topsoil and reseed.

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

$250k-$500k http://www.nps.gov/tps/standards/four-treatments/treatment-guidelines.pdf

For additional specifications of requirement, please see the SOW attached to this solicitation.

Specifications and Drawings – See LRF Specifications dated 5-16-18 and solicitation notice on website www.FBO.gov

Section D: -- Package and Markings

Supplies if applicable, shall be marked in accordance with Federal Standard 123, edition in effect on the date of issuance of the solicitation.

Section E: -- Inspection and acceptance

The Contractor shall maintain an inspection system acceptable to the Government.

The contractor shall be responsible for latent defect that was not observable or detectable at the time government performed inspection and acceptance. “Latent defect” means a defect that exists at the time of acceptance but cannot be discovered by a reasonable inspection.

The contactor is expected to meet the required quantity requirements and quality level and meet any specifications that dictate their form, fit, and function.

The Government has the right to either reject or to require correction of nonconforming supplies and services. Services and supplies are nonconforming when they are defective in material or workmanship or are otherwise not in conformity with quality contract requirements.

The contractor shall be aware of the potential presence of hazardous materials, specifically lead-based paint and asbestos, in any building 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.

Contractor shall provide a warranty for a minimum of two years for this project.

Section F: -- Delivery and performance

Time / Hours: 7:00am-4:00pm EST, M-F

Place: USMMA, Barracks, 300 Steamboat Road, Kings Point, NY 11024

Days of Week: Monday through Friday (unless approval is granted by the Contracting Officer)

Period of Performance: Within 90 calendar days after notice to proceed (NTP). The selected contractor shall provide the required performance bond, payment bond, and certification of insurance within 10 days of contract award unless otherwise authorized by the contracting officer.

http://www.fbo.gov./

Section G: -- Contracting administration data

G.1 INVOICE REQUIREMENTS

All vendors have the option to send invoices electronically.

Invoices MUST be in PDF format and submitted to: MARADInvoices@FAA.GOV

Invoices can be mailed or submitted to the following Address:

MARAD, A/P Branch AMZ316

P.O. Box 25710 Oklahoma, OK 73125

Commercial Mail

MARAD A/P Branch, AMZ316

6500 S. MACARTHUR BLVD.

Oklahoma, City, OK 73169

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 Number and 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.

ELECTRONIC FUNDS TRANSFER (EFT) PAYMENT REQUIREMENTS

FAR 52.223-33 Payment by Electronic Funds Transfer System for Award Management registration 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.

mailto:MARADInvoices@FAA.GOV

POINTS OF CONTACT

a. CONTRACT SPECIALIST (CS)

U.S. Department of Transportation Maritime Administration Lisa Miles, Contract Specialist 1200 New Jersey Avenue, S.E. - W26-412 Washington, D.C. 20590 Telephone: (202) 366-1932 E-mail Address: Lisa.Miles@dot.gov

G.2 ADDRESS OF CORRESPONDENCE

All correspondence except as otherwise specified, shall be directed to the Contracting Officer at the following address:

U.S. Department of Transportation Maritime Administration Erica Williams, Sr. Contracting Officer 1200 New Jersey Avenue, S.E. - W28 Washington, D.C. 20590 Telephone: (202) 366-2803 E-mail Address: Erica.Williams@dot.gov

G.3 CONTRACTING OFFICER'S REPRESENTATIVE

a. The Contacting Officer's Representative (COR) is responsible for the technical aspects of the project and technical liaison with the Contractor. The COR is also responsible for the final inspection and acceptance of all reports and deliverables.

b. The COR is not authorized to make any commitments or otherwise obligate the

Government or authorize any changes which affect the contract price, terms or conditions.

Any Contractor request for changes shall be referred to the Contracting Officer directly or through the COR. No such changes shall be made without the expressed prior authorization of the Contracting Officer. The COR may designate assistant (COR(s) to act for him/her by naming such assistant in writing and transmitting a copy of such designation through the

Contracting Officer to the Contractor.

mailto:Erica.Williams@dot.gov mailto:DiahM@USMMA.edu mailto:Erica.Williams@dot.gov

c. The COR for this contract will be:

U.S. Merchant Marine Academy

Richard Ronde, Jr., Capital Improvements Manager

300 Steamboat Road

Kings Point, NY 10024

Office: (516) 726-5606 Email: RRonde@USMMA.edu

d. The COR may be changed by the Government at any time, but notification of the change, including the name and address of the successor COR will be promptly provided to the Contractor by the Contracting Officer in writing.

Section H: -- Special contract requirements

This project qualifies for a Categorical Exclusion (CE) under the National Environmental Policy Act

(NEPA) policy guidance (Reference Section J Attachment).

Section I: -- Contract clauses; if clauses are referenced, read them from their original source.

CLAUSES INCORPORATED BY REFERENCE

52.252-2 CLAUSES INCORPORATED BY REFERENCE. (FEB 1998)

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

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 SEP 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

52.203-13 Contractor Code of Business Ethics and Conduct OCT 2015

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper MAY 2011

52.204-7 System for Award Management OCT 2018

52.204-8 Annual Representations and Certifications OCT 2018

52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards OCT 2018

52.204-14 Service Contract Reporting Requirements 52.204-19 Incorporation by Reference of Representations and Certifications DEC 2014

52.209-5 Certification Regarding Responsibility Matters OCT 2015

52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, mailto:RRonde@USMMA.edu https://acquisition.gov/far/

Suspended, or Proposed for Debarment OCT 2015

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters OCT 2018 52.211-10 Commencement, Prosecution, and Completion of Work APR 1984

52.211-12 Liquidated Damages-Construction SEP 2000

52.211-13 Time Extensions SEP 2000

52.211-18 Variation in Estimated Quantity APR 1984

52.214-3 Amendments to Invitations for Bids JUNE 1999

52.214-4 52.214-5 52.214-6 52.214-7 52.214-10 52.214-13 52.214-14 52.214-15 52.214-16 52.214-18 52.214-19 52.214-34 Submission of Offers in the English Language APR 1991

52.214-35 Submission of Offers in U.S. Currency APR 1991

52.215-2 Audit and Records—Negotiation OCT 2010

52.215-8 Order of Precedence—Uniform Contract Format OCT 1997

52.216-1 Type of Contract APR 1984

52.219-6 Notice Of Total Small Business Set-Aside NOV 2011

52.219-8 Utilization of Small Business Concerns OCT 2018

52.219-14 Limitations on Subcontracting JAN 2017

52.222-3 Convict Labor JUN 2003

52.222-4 Contract Work Hours and Safety Standards —Overtime Compensation MAY 2018

52.222-5 Construction Wage Rate Requirements—Secondary Site of the Work MAY 2014

52.222-6 Construction Wage Rate Requirements AUG 2018

52.222-7 Withholding of Funds MAY 2014

52.222-8 Payrolls and Basic Records AUG 2018

52.222-9 Apprentices and Trainees JUL 2005

52.222-10 Compliance with Copeland Act Requirements FEB 1988

52.222-11 Subcontracts (Labor Standards) 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

52.222-15 Certification of Eligibility MAY 2014

52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction FEB 1999

52.222-26 Equal Opportunity SEP 2016

52.222-27 Affirmative Action Compliance Requirements for Construction APR 2015

52.222-35 Equal Opportunity for Veterans OCT 2015

52.222-36 Affirmative Action For Workers With Disabilities JULY 2014

52.222-37 Employment Reports on Veterans FEB 2016

52.222-50 Combating Trafficking in Persons MAR 2015

52.222-54 Employment Eligibility Verification OCT 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

52.223-6 Drug-Free Workplace MAY 2001

52.223-11 Ozone-Depleting Substances JUN 2016

52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving AUG 2011

52.223-19 Compliance with Environmental Management Systems MAY 2011

52.224-1 Privacy Act Notification APR 1984

52.224-2 Privacy Act APR 1984

52.225-13 Restrictions on Certain Foreign Purchases JUN 2008

52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions

Relating to Iran—Representation and Certifications AUG 2018

52.227-1 Authorization and Consent DEC 2007

52.227-4 Patent Indemnity-Construction Contracts DEC 2007

False Statements in Bids APR 1984 Submission of Bids MAR 1997 Explanation to Prospective Bidders APR 1984 Late Submissions, Modifications NOV 1999 Contract Award-Sealed Bidding AUG 2008 Telegraphic Bids APR 1984 Place of Performance-Sealed Bidding APR 1985 Period for Acceptance of Bids APR 1984 Minimum Bid Acceptance Period APR 1984 Preparation of Bids-Construction APR 1984 Contract Award-Sealed Bidding-Construction AUG 1996

52.227-17 Rights in Data—Special Works DEC 2007

52.228-2 Additional Bond Security OCT 1997

52.228-3 Workers’ Compensation Insurance (Defense Base Act) JUL 2014

52.228-5 Insurance - Work On A Government Installation JAN 1997

52.228-11 Pledges Of Assets AUG 2018

52.228-12 Prospective Subcontractor Requests for Bonds MAY 2014

52.228-14 Irrevocable Letter of Credit NOV 2014

52.229-3 Federal, State And Local Taxes FEB 2013

52.229-4 Federal, State, and Local Taxes (State and Local Adjustments) FEB 2013

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

52.232-17 Interest MAY 2014

52.232-18 Availability of Funds APR 1984

52.232-23 Assignment of Claims MAY 2014

52.232-24 Prohibition of Assignment of Claims MAY 2014

52.232-27 Prompt Payment for Construction Contracts JAN 2017

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

52.232-36 Payment by Third Party MAY 2014

52.232-37 Multiple Payment Arrangements MAY 1999

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

52.233-1 Disputes MAY 2014

52.233-2 Service of Protest SEP 2006

52.233-3 Protest After Award AUG 1996

52.233-4 Applicable Law for Breach of Contract Claim OCT 2004

52.236-1 Performance of Work by the Contractor APR 1984

52.236-2 Differing Site Conditions APR 1984

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

52.236-4 Physical Data APR 1984

52.236-5 Material and Workmanship APR 1984

52.236-6 Superintendence by the Contractor APR 1984

52.236-7 Permits and Responsibilities NOV 1991

52.236-8 Other Contracts APR 1984

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

APR 1984

52.236-10 Operations and Storage Areas APR 1984

52.236-11 Use and Possession Prior to Completion APR 1984

52.236-12 Cleaning Up APR 1984

52.236-13 Accident Prevention (Nov 1991) - NOV 1991

52.236-14 Availability and Use of Utility Services APR 1984

52.236-15 Schedules for Construction Contracts APR 1984

52.236-16 Quantity Surveys APR 1984

52.236-17 Layout of Work APR 1984

52.236-21 Specifications and Drawings for Construction FEB 1997

52.236-26 Preconstruction Conference FEB 1995

52.236-28 Preparation of Proposals--Construction OCT 1997

52.242-1 Notice of Intent to Disallow Costs APR 1984

52.242-13 Bankruptcy JUL 1995

52.242-14 Suspension of Work APR 1984

52.242-15 Stop-Work Order AUG 1989

52.243-4 Changes JUN 2007

52.243-5 Changes and Changed Conditions APR 1984

52.243-7 Notification of Changes JAN 2017

52.244-6 Subcontracts for Commercial Items OCT 2018

52.245-1 Government Property JAN 2017

52.245-9 Use and Charges APR 2012

52.246-12 Inspection of Construction AUG 1996

52.246-21 Warranty of Construction MAR 1994

52.247-34 FOB Destination NOV 1991

52.247-64 Preference for Privately Owned U.S.- Flag Commercial Vessels FEB 2006

52.248-3 Value Engineering—Construction OCT 2015

52.249-2 Termination for Convenience of the Government (Fixed-Price) APR 2012

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

52.250-1 Indemnification Under Public Law 85-804 APR 1984

52.252-2 Clauses Incorporated by Reference FEB 1998

52.252-4 Alterations in Contract APR 1984

52.252-6 Authorized Deviations in Clauses APR 1984

52.253-1 Computer Generated Forms JAN 1991

“Commercially available off-the-shelf (COTS) item”—

(1) Means any item of supply (including construction material) that is—

(i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.

“Component” means an article, material, or supply incorporated directly into a construction material.

“Construction material” means an article, material, or supply brought to the construction site by the

Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material.

“Cost of components” means--

(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or

(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.

“Domestic construction material” means—

(1) An unmanufactured construction material mined or produced in the United States;

(2) A construction material manufactured in the United States, if—

(i) The cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind for which non-availability determinations have been made are treated as domestic; or

(ii) The construction material is a COTS item.

CLAUSES INCORPORATED BY FULL TEXT

52.225-9 BUY AMERICAN- CONSTRUCTION MATERIALS -MAY 2014

(a) Definitions- As used in this clause.

“Foreign construction material” means a construction material other than a domestic construction material.

“United States” means the 50 States, the District of Columbia, and outlying areas.

(b) Domestic preference.

(1) This clause implements the 41 U.S.C. chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, the component test of the Buy American statute is waived for construction material that is a COTS item. (See FAR 12.505(a)(2)). The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.

(2) This requirement does not apply to information technology that is a commercial item or to the construction materials or components listed by the Government as follows:

[Contracting Officer to list applicable excepted materials or indicate “none”]

(3) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(2) of this clause if the Government determines that

(i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the requirements of the Buy

American statute is unreasonable when the cost of such material exceeds the cost of foreign material by more than 6 percent;

(ii) The application of the restriction of the Buy American statute to a particular construction material would be impracticable or inconsistent with the public interest;

or

(iii) The construction material is not mined, produced, or manufactured in the United

States in sufficient and reasonably available commercial quantities of a satisfactory quality.

(c) Request for determination of inapplicability of the Buy American statute.

(1)

(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(3) of this clause shall include adequate information for Government evaluation of the request, including--

(A) A description of the foreign and domestic construction materials;

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

(G) Name and address of the proposed supplier; and

(H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (b)(3) of this clause.

(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed price comparison table in the format in paragraph (d) of this clause.

(iii) The price of construction material shall include all delivery costs to the construction site and any applicable duty (whether or not a duty-free certificate may be issued).

(iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award.

If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination.

(2) If the Government determines after contract award that an exception to the Buy American statute applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material. However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(3)(i) of this clause.

(3) Unless the Government determines that an exception to the Buy American statute applies, use of foreign construction material is noncompliant with the Buy American statute.

(d) Data. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the Contractor shall include the following information and any applicable supporting data based on the survey of suppliers:

Foreign and Domestic Construction Materials Price Comparison

Construction material description Unit of measure Quantity Price (dollars) *

Item 1

Foreign construction material

Domestic construction material

Item 2

Foreign construction material

Domestic construction material

[List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.]

[Include other applicable supporting information.]

[*Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued).] (End of Clause)

52.228-15 Performance and Payment Bonds - Construction. (OCT 2010)

(a) Definitions. As used in this clause -

"Original contract price" means the award price of the contract; or, for requirements contracts, the price payable for the estimated total quantity; or, for indefinite-quantity contracts, the price payable for the specified minimum quantity. Original contract price does not include the price of any options, except those options exercised at the time of contract award.

(b) Amount of required bonds. Unless the resulting contract price is $150,000 or less, the successful offeror shall furnish performance and payment bonds to the Contracting Officer as follows:

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

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

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

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

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

Officer, but in any event, before starting work.

(d) Surety or other security for bonds. The bonds shall be in the form of firm commitment, supported by corporate sureties whose names appear on the list contained in Treasury Department

Circular 570, individual sureties, or by other acceptable security such as postal money order, certified check, cashier's check, irrevocable letter of credit, or, in accordance with Treasury

Department regulations, certain bonds or notes of the United States. Treasury Circular 570 is published in the Federal Register or may be obtained from the U.S. Department of the Treasury, Financial Management Service, Surety Bond Branch, 3700 East West Highway, Room 6F01, Hyattsville, MD 20782. Or via the internet at http://www.fms.treas.gov/c570/.

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

(End of clause) http://www.fms.treas.gov/c570/

52.246-1 Contractor Inspection Requirements (Apr 1984)

The Contractor is responsible for performing or having performed all inspections and tests necessary to substantiate that the supplies or services furnished under this contract conform to contract requirements, including any applicable technical requirements for specified manufacturers’ parts. This clause takes precedence over any Government inspection and testing required in the contract’s specifications, except for specialized inspections or tests specified to be performed solely by the

Government.

(End of clause)

Section J: -- List of any attachments that have been appended to the contract solicitation.

1. Specifications

2. National Environmental Policy Act (NEPA)

Categorical Exclusion No. 4 Section 405

3. Davis Bacon Act – Wage Determination

4. Drawings

Section K: -- Representations, Certifications and other statements of offers.

The offeror shall complete an annual representations and certifications electronically via the System for Award Management (SAM) website accessed through https://www.acquisition.gov or www.SAM.gov.

The offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation 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.

By signature hereto, or to an offer incorporating these representations and certifications, the offeror certifies that they are accurate, current, and complete and that s/he is aware of the penalty prescribed in

18 U.S.C. 1001 for making false statement in offers.

Section L -- Instructions, Conditions and Notices to Offerors

Site Visit Date & Time:

Location:

Tuesday, March 5, 2019 at the DPW Bldg., at 10:00 A.M.

Thursday, March 7, 2019 at at the DPW Bldg., at 2:00 P.M.

USMMA 300 Steamboat Rd, Great Neck, NY 11024

Prospective offerors planning to attend the site visit should notify the Contract Specialist, Lisa

Miles by February 28, 2019, with the name of the company and individuals planning to attend.

In no event shall failure to inspect the site constitute grounds for a claim after contract award.

http://www.acquisition.gov/ http://www.acquisition.gov/ http://www.acquisition.gov/ http://www.sam.gov/

Where to Submit:

Offerors shall submit proposals electronically to Lisa Miles via Lisa.Miles@dot.gov. Additionally, all questions shall be submitted to Lisa Miles, Contract Specialist, no later than March 11, 2019 at 3:00PM

EST.

Proposal Content:

The offeror shall submit documentation illustrating their approach for satisfying the requirements of this solicitation. In addition, the contractor shall submit design sketches for the repairs of the Priority Items

(highlighted in RED- See SOW for details).

Contractor’s bid documents shall include a cost breakdown for each location/staircase. For each location, the contractor shall include material quantity and cost, labor quantity and cost and mark-up.

Contractor shall completely fill in the attached Pricing Worksheet.

The offerors shall describe their proposals, through the use of graphs, charts, diagrams and narrative, in sufficient detail for the Government to understand and evaluate the nature of the approach. In its evaluation, the Government will consider the degree of substantiation of the proposed approaches in the proposal volumes and in response to any discussions if held.

Prospective offerors shall establish minimum standards for wages, hours and working conditions.

Refer to Wage Determination Online located at: http://www.wdol.gov/Index.aspx for the labor classifications and associated prevailing wage rates in locality. (Reference Section J Attachment)

Proposal Volume Requirements:

Proposals must be clear, coherent, and prepared in sufficient detail for effective evaluation of the offeror’s proposal against the evaluation criteria. Unnecessarily elaborate presentations beyond those sufficient to present a complete effective response to the solicitation are not desired. The proposal should not exceed 20 pages front and back, inclusive of all tables, graphic presentations, etc. All proposals must be submitted at the time and date and address noted above or it will be considered none responsive and well not be considered for award.

Prior experience:

Contractor shall submit a reference list with at least three (3) projects of similar size and scope that have been completed within the last five (5) years. The reference list should include the name of the client, phone number, scope of work, project cost and date that the project was completed. Contractor shall submit with bid, for approval by engineer, samples and or specifications for all materials to be used on this project, including: concrete, limestone, stainless steel pins, rebar, etc.

Qualifications of proposed staff:

The offeror’s proposal shall provide documented evidence of the offeror’s ability to provide key personnel listed in Specifications who meet all contract qualifications requirements.

Management capability:

The offeror’s proposal shall provide documented evidence of the offeror’s ability to successfully manage contract and subcontract operations.

Technical Approach:

The offeror’s proposal shall provide documented evidence of the offeror’s technical approach.

Offeror will submit a technical approach package, not more than 5 pages in length that shows a sound technical approach to the basic requirements set forth in this solicitation.

mailto:Lisa.Miles@dot.gov mailto:Lisa.Miles@dot.gov http://www.wdol.gov/Index.aspx

Proposal Format:

Text shall be single-spaced, on 8½” x 11” paper (except as specifically noted), with a minimum one-inch margin all around. Pages shall be numbered consecutively. A page printed on both sides shall be counted as two pages. Submission as double-sided printing/copying on recycled paper is encouraged.

Offerors may use 11” x 17” sized fold-out pages for tables, charts, graphs, or pictures that cannot otherwise be legibly presented on 8½” x 11” paper. An 11” x 17” is a two-sheet equivalent (with regards to the page count limitations). Print shall be of a minimum 12-point font size or a maximum 10 characters per inch spacing. Bolding, underlining, and italics may be used to identify topic demarcations or points of emphasis. Graphic presentations, including tables, while not subject to the same font size and spacing requirements, shall have spacing and text that is easily readable.

In addition to the paper copies identified above, the offeror shall submit all proposal information in electronic format on a CD. Text and graphics portions of the electronic copies shall be in a format readable by Microsoft (MS) Word 2000 or Portable Document Format (PDF). Data submitted in spreadsheet format shall be readable by MS Excel 2000. In case of conflict between the paper copy and the electronic copy of the proposals submitted, the paper copy shall take precedence. CDs shall be

“read-only”. All potential offerors are encouraged to attend the site visit to inspect to satisfy themselves regarding all general and local conditions that may affect the cost of contract performance.

Special Contract Requirements:

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.

Section M -- Evaluation Factors for award.

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be low-priced, technically acceptable (LPTA), price and other factors considered.

The proposal will be evaluated on the following Acceptable/Unacceptable criteria:

Prior experience:

The Government will determine the offeror’s ability to comply with the terms of its contracts, including quality, service delivery, price, and other terms.

Qualification of proposed staff:

All proposed key personnel must be qualified to successfully understand and execute the requirements specified in the RFP. Where no individual is proposed, the position description is appropriate to the requirements of the duties to be performed and the offeror provides evidence of potential candidates and his or her ability to find and employ individuals with the requisite qualifications.

Management capability:

The offeror’s proposal documents successful experience (as confirmed by previous clients) in performing adequate project management and project execution.

Technical approach

The approach should demonstrate a sound understanding of the scope and magnitude of the work in the basic requirement in the technical approach and will provide personnel that are sufficient to accomplish the basic requirement successfully and without issue.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced.

Evaluation of options shall not obligate the Government to exercise the option(s). This include optional items detailed in the specifications.

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.